2026-10-12 · City Council · Agenda Packet · Regular Council Meetings – Draft · Agenda Packet

STOCKBRIDGE CITY COUNCIL Vacant Mayor at Large Council Meeting Agenda October 12, 2026 6:00 PM Mayor Pro Tem Elton Alexander Council District 5 Councilmember LaKeisha Gantt Council District 1 Councilmember Antwan Cloud Council District 2 Councilmember Kyle D. Berry, Sr. Council District 3 Councilmember Yolanda Barber Council District 4 CITY MANAGER STOCKBRIDGE CITY HALL Shawn Edmondson 4640 NORTH HENRY BLVD. CITY CLERK Marlena Edwards CITY TREASURER Frank Milazi CITY ATTORNEY Quinton G. Washington STOCKBRIDGE, GA 30281 Website: www.stockbridgega.org Phone: 770-389-7900 Fax: 770-389-7912 Translation and Interpretation Services are available with (7) days prior notice. Please contact the City’s HR Manager at 770-389-7908 for assistance. AGENDA COUNCIL MEETING CITY OF STOCKBRIDGE MONDAY, OCTOBER 12, 2026 6:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL ADOPTION OF THE AGENDA ADOPTION OF THE MINUTES 1 Adopt the meeting minutes of: August 25, 2026, Work Session; September 12, 2026, Investigative Hearing; September 14, 2026, Council Meeting. PUBLIC COMMENTS - All persons wishing to speak for public comment must sign in with the City Clerk prior to the beginning of the meeting. You must sign your name, address, and phone number. You will be able to address the Mayor and Council for three (3) minutes. Speakers must respect all members of the elected body, officials, and staff. Defamation, unruliness and/or swearing will not be tolerated while meetings are in session. CEREMONIAL (Momentum Program Graduation, Proclamations Review) PRESENTATION 2 Financial Updates, and the status of our financial outlook in 2026 and for 2027 - Presented by: Frank Milazi 3 TSPLOST II Presentation. Public Works has prepared a presentation outlining proposed transportation projects, staff recommendations, planning-level cost estimates, and funding considerations. The presentation includes district requests and projects addressing roadway resurfacing, safety, intersection improvements, sidewalks, trails and connectivity, and potential partnerships with Henry County. Council’s direction will assist staff in refining project priorities, proposed allocations, and the project list within the projected available funding. - Presented by: Decius Aaron CONSENT AGENDA Page | 3 4 Council consideration to approve and adopt the Updated Employee Policy Manual. - Presented by: Dwayne Pollock PUBLIC HEARING 5 ZONING MODIFICATION CASE #ZM-2026-02. (Council District 4.) Consideration of a major zoning modification request for the property at 55 Valley Hill Road to allow for changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on November 13, 2023. The cases included 1) Comprehensive Plan Amendment Case #CP-2023-02 (which changed the property’s future land use designation to High-Density Residential); 2) Rezoning Case #RZ-2023-03 (which assigned the zoning district of MFR (Multiple Family Residential) to the property; and 3) Variance Case #VR-202302 (which approved a variance to reduce the front yard setbacks of the townhome lots from the required 50 feet in the MFR district to 30 feet). The previous applicant / owner / developer for CP-2023-02, RZ-2023-03, and VR2023-02 was D. R. Horton, Inc., represented by Tiffany Hogan. The previouslyapproved, 149-unit townhome development was not built, and the property was sold to a new owner. Now, a new applicant, Yashesh Shah of Shree Developers Group (represented by Asia Mosee) wishes to build a revised townhome development with 91 units. Further, the applicant proposes to subdivide the subject property into two parcels for the purpose of building on the southern parcel only and selling the northern parcel. The applicant is therefore requesting the approval of a major zoning modification from RZ-2023-03 to allow for the approval of a revised site plan which shows the development of the southern portion of the property only. The zoning and future land use designation of the property would not change. The current property owner is OTAC Development Group, LLC. The property is located in Land Lot 69 of Land District 12, and it contains 24.908 +/acres within the Stockbridge City Limits. The applicant is proposing to build the townhome development on 11.311 acres within the southern portion of the property, south of the existing creek. - Presented by: Ryan Anderson 6 ZONING MODIFICATION CASE #ZM-2026-03. (Council District 4.) Consideration of a major zoning modification request for the property at 4882 North Henry Boulevard to allow for changes to the previouslyapproved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on February 12, 2024; and to request the removal of five (5) zoning conditions that were included with the rezoning of the property. The cases included 1) Comprehensive Plan Amendment Case #CP-2023-09 (which changed the property’s future land use designation to Medium-Density Residential), Rezoning Case #RZ-2023-10 (which rezoned the property to MFR (Multiple Family Residential); and Variance Case #VR-202306 (which granted a variance to reduce the front yard setbacks of the townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet). The previous applicant for CP-2023-09, RZ-2023-10, and VR-2023-06 was Forestar (USA) Real Estate Group, Inc., represented by J. Alexander Brock of Smith, October 12, 2026 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900 Page | 4 Gambrell, & Russell, LLP. The previously-approved, 90-unit townhome development was not built, and the property was sold to a new owner. Now, a new applicant, Aaron Rissler of Apex Stockbridge, LLC, represented by Sara Shirk of Falcon Design, wishes to build a revised townhome development with 90 units. The applicant is requesting the approval of a major zoning modification from Ordinance #RZ-2023-10 to allow for the approval of a revised site plan, and to request the removal of five (5) of the twelve (12) zoning conditions that were required as part of the approval of RZ2023-10. The five zoning conditions which the applicant is requesting to be removed are listed below (numbered from the ordinance). 1. Site Plan—The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled, “North Henry Townhomes: Forestar Zoning Plan”, which was prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23. [Note: The site plan showed the provision of a swimming pool and a clubhouse.] 4. Waste Collection—A consolidated waste collection system shall be used, with no individual waste receptacles being permitted. 5. Architectural Design: a. All townhome units shall have brick on at least three sides. [The applicant requests a replacement condition stating that the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting.] b. [No change.] c. This shall be a gated community. 6. Rental Units—No more than 10 percent of the townhome units may be rented at any one time. The zoning and future land use designation of the property would not change. The current property owner is Apex Stockbridge, LLC. The property is located in Land Lot 60 of Land District 12, and it contains 15.601 +/- acres within the Stockbridge City Limits. - Presented by: Ryan Anderson NEW BUSINESS 7 UPDATE TO THE UNIFIED DEVELOPMENT CODE. (Citywide) Consideration of a resolution to allow for a major update to the City of Stockbridge’s Unified Development Code (UDC) for the purposes of allowing for more innovative uses; for including more relevant standards; for making various clarifications; and for other purposes. - Presented by: Ryan Anderson 8 ACCEPTANCE OF NEW CAMPGROUND ROAD PUBLIC PARK (Council District 5) October 12, 2026 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900 Page | 5 Consideration of a resolution authorizing the City of Stockbridge to accept the dedication and future conveyance of a public park to be located on Campground Road as part of the Jodeco Campground Village development at 108 Peach Drive. The approximately 18,700-square-foot park (with 13.07 +/acres) would include a playground, pickleball courts, dog park, putting green, passive recreation areas, landscaping, and pedestrian amenities for public use upon completion and City acceptance. - Presented by: Ryan Anderson 9 Request City Council consideration and approval for the purchase of five (5) black 2027 Ford Police Interceptor vehicles from Stivers Ford in Union City, for use by the Stockbridge Police Department, in the amount of $238,900.00, and vehicle upfitting from Alabama Upfitters in the amount of $119,661.20 to be funded from the Department Vehicle Account 100-32100-542500.The vehicles will be purchased as a turnkey solution, with the vehicle upfitting facilitated through Stivers Ford. The vehicles will be outfitted by Alabama Upfitters to meet the operational and equipment requirements of the Stockbridge Police Department and will be prepared for deployment within the Patrol Division. - Presented by: Orrin Hamiliton 10 Council Consideration to approve the purchase of 3 2027 Ford F-150 4x4 trucks from Allan Vigil Ford in the amount of $157,305.78 under State Contract SWC#99999-SPD0000218002. Funding source is SPLOST VI Account Number 321-42200-542200. - Presented by: Decius Aaron MAYOR'S COMMENTS - MAYOR PRO TEM ALEXANDER EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Acts) ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS City Council Meetings are held on the second Monday of each month, and Work Sessions are held the last Tuesday of the month at the Stockbridge City Hall - City Council Chamber. Meeting times and dates may change. Please visit www.stockbridgega.org for updates. The City of Stockbridge adheres to the Americans with Disabilities Act (ADA). If you need auxiliary services to participate in the meetings, please contact City Hall at 770-389-7900 in advance. ADJOURNMENT October 12, 2026 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900 CITY COUNCIL MEETING SUMMARY MINUTES MONDAY SEPTEMBER 14, 6:00 P.M. Mayor & City Council Vacant – Mayor At-Large Mayor Pro Tem Elton Alexander – Council District 5 Councilmember LaKeisha Gantt – Council District 1 Councilmember Antwan Cloud – Council District 2 Councilmember Kyle D. Berry, Sr. – Council District 3 Councilmember Yolanda Barber – Council District 4 Administration Shawn Edmondson – City Manager Frank Milazi – City Treasurer Cassandra Lester – Interim City Clerk Quinton Washington – City Attorney Mission: To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events. Call to Order Mayor Pro Tem Elton Alexander called the meeting to order at 6:30 PM. Invocation & Pledge of Allegiance The invocation was delivered by Councilmember Kyle D. Berry, Sr. and the Pledge of Allegiance was recited by all in attendance. Roll Call Interim Clerk Lester proceeded with roll call and a quorum was established. Adoption of the Agenda Prior to adoption, the following modifications were approved: Item 1 (2025 Audit Report) was removed due to the auditor's unavailability and rescheduled to the September work session. Item 4 was removed from the Consent Agenda at the request of Councilmember Barber for separate discussion. Items 18 and 19 were removed from the agenda by staff request from Community Development. Motion to remove Item 1 from the agenda was made by Councilmember Berry and seconded by Councilmember Gantt. Motion carried unanimously. Motion to remove Items 18 and 19 from the agenda was made by Councilmember Cloud and seconded by Councilmember Berry. Motion carried. 1|Page The remainder of the agenda was approved as amended with a motion made by Councilmember Gantt; seconded by Councilmember Cloud. Motion carried unanimously. Public Comments Two public comments were received. Kathy Walker addressed the council regarding the proportionality and process of the mayor's removal, questioning whether less severe corrective actions had been seriously considered before removal and raising concerns about the council serving as both prosecutor and decision-maker. Former Mayor Lee Stewart urged the council to commission a forensic audit from an out-of-state firm as a means of establishing transparency and restoring public trust. Ceremonial: Swearing in Ceremony for Youth Council The 2026–2027 Stockbridge Youth Council members were sworn in by Mayor Pro Tem Alexander and signed their certificates of office. Henry County Commissioner Neat Robinson, who was instrumental in founding the Youth Council, offered remarks. Officers for the new term were recognized: Youth Mayor, Mayor Pro Tem, City Manager, and Parliamentarian. Members of the Jonesboro Youth Council and Clayton County Youth Commission were also in attendance in a show of inter-municipal youth support. Presentation 1. Council Consideration for 2025 Audit Report Approval This item was removed from the agenda. The auditor was unable to attend due to an emergency. Mayor Pro Tem Alexander noted that the audit reflects a fund balance of approximately $17,900,000 at the end of FY2025. The item will be rescheduled to the September work session. 2. Presentation Seeking Support to Establish an Externship Partnership Between the City of Stockbridge and the Interactive College of Technology (ICT) HR Director Dwayne Pollock introduced representatives from Interactive College of Technology (ICT), who presented the college's externship program. The program provides students 135 hours of realworld work experience prior to graduation at no cost and with no liability to the city. Councilmember Berry disclosed he is an ICT graduate and business owner in HVAC, a direct result of the program. The City Manager holds authority to sign the affiliation agreement; council approval of support was sought. Motion to approve the externship affiliation agreement with Interactive College of Technology was made by Councilmember Gantt and seconded by Councilmember Berry. Motion carried unanimously. 3. Presentation and Adoption of the Updated Employee Policy Manual HR Director Pollock and consultant Tisha Carter of Quad Vision Consultants presented a comprehensive revision of the Employee Policy Manual. Key updates included modernized employment practices, revised PTO accrual schedules, a PTO buyback program, expanded tuition reimbursement, an employee referral incentive program, updated technology and social media policies, and improved document structure. Councilmember Barber indicated she was not prepared to approve the item that evening and had outstanding questions, including regarding the gifts and gratuities policy. Council agreed to defer the item to allow more time for review. 2|Page Motion to table the Employee Policy Manual to the October regular council meeting was made by Councilmember Gantt and seconded by Councilmember Berry. Motion carried unanimously. CONSENT AGENDA Items 5 through 9 were initially on the Consent Agenda. Item 4 had been pulled for separate discussion. Councilmember Barber subsequently requested the remaining consent agenda items be taken individually. 4. Council Consideration to Approve the First (1st) of Four (4) One-Year Renewal Options for RFP No. 2025-0007 with Crabapple Landscape Experts – Right-of-Way Maintenance and Other Services, $300,000.00 Public Works Director Decius Aaron presented the renewal. Councilmember Barber raised concerns regarding the original procurement process and questioned whether the $300,000 figure reflected the contract amount or a combined budget figure. Director Aaron clarified that the contract itself is $197,000–$198,000, with the balance covering additional right-of-way maintenance items being shifted from the Public Works operating budget to the proper right-of-way account. Councilmember Cloud noted the agenda item should also reflect the word "amend" when a contract amount is changing. The item was tabled to allow staff to return with a cleaner presentation and to address Councilmember Barber's procurement process concerns. Motion to table Item 4 to the September work session was made by Councilmember Gantt and seconded by Councilmember Barber. Motion carried unanimously. 5. Council Consideration to Approve the First (1st) of Four (4) One-Year Renewal Options for RFP No. 2025-0004 with CGS, LLC – On-Call Sidewalk Repairs and Replacement, Not to Exceed $200,000.00 Director Aaron explained that CGS, LLC performs the city's annual sidewalk maintenance and repair program, with city engineering staff identifying damaged or hazardous sidewalks throughout neighborhoods. The approved amount is not to exceed $200,000. A discrepancy between the resolution ($300,000) and the agenda ($200,000) was noted; the correct figure is $200,000. Mayor Pro Tem Alexander also requested that staff address a buckled sidewalk on Jodeco Road near the I75 northbound entrance ramp. Motion to approve the first one-year renewal for RFP No. 2025-0004 with CGS, LLC in the amount not to exceed $200,000 was made by Councilmember Gantt and seconded by Councilmember Berry. Motion carried unanimously. 6. Council Consideration to Approve the Fourth (4th) and Final Renewal Option for RFP No. 20220006, On-Call General Engineering Services – Falcon Design Group, LLC, $200,000.00 Director Aaron noted that Falcon Design Group handles the city's civil engineering projects, including the LMIG program, Country Club Drive intersection improvements, stormwater billing, the alleyway project, and the Norfolk Southern parking lot. This is the final renewal term. Motion to approve the fourth and final renewal of on-call general engineering services with Falcon Design Group, LLC in the amount of $200,000 was made by Councilmember Gantt and seconded by Councilmember Cloud. Motion carried 4-0-1, with Mayor Pro Tem Alexander abstaining. 3|Page 7. Council Consideration to Approve the Fourth (4th) and Final Renewal Option for RFP No. 20220006, On-Call General Engineering Services – Carter & Sloope, Inc., Not to Exceed $200,000.00 Director Aaron explained that Carter & Sloope handles the city's utility infrastructure projects, including the wastewater treatment plant expansion application to EPD, and sewer and water line replacements in Willow Springs. Director Aaron also announced that a federal appropriation of $1,500,000 (split equally between water and sewer) had been secured through the late Congressman David Scott's office. Motion to approve the fourth and final renewal of on-call general engineering services with Carter & Sloope, Inc., not to exceed $200,000, was made by Councilmember Barber and seconded by Councilmember Gantt. Motion carried unanimously. 8. Council Consideration to Approve the First (1st) of Four (4) One-Year Renewal Options for RFP No. 2025-0006 with Site Engineering, Inc. – On-Call Utility Services, $400,000.00 Site Engineering, Inc. serves as the secondary on-call utility contractor for emergency repairs exceeding city resources, effective January 1, 2027. Motion to approve the first one-year renewal for RFP No. 2025-0006 with Site Engineering, Inc. in the amount of $400,000 was made by Councilmember Barber and seconded by Councilmember Berry. Motion carried unanimously. 9. Council Consideration to Approve the First (1st) of Four (4) One-Year Renewal Options for RFP No. 2025-0006 with Professional Pipeline, LLC – On-Call Utility Services, $400,000.00 Professional Pipeline, LLC serves as the primary on-call utility contractor under the same RFP, funded through SPLOST VI accounts. Motion to approve the first one-year renewal for RFP No. 2025-0006 with Professional Pipeline, LLC in the amount of $400,000 was made by Councilmember Gantt and seconded by Councilmember Cloud. Motion carried unanimously. NEW BUSINESS 10. Council Consideration to Approve Professional Pipeline to Replace the Culvert and Repair a Sinkhole at 286 Northwind Drive, $76,795.00 Director Aaron reported that following a resident complaint, staff conducted a CCTV inspection and discovered a collapsed storm pipe. The correct address was noted as 286 Northwind Drive (not "Nightwind" as written in the agenda). Funding is split between SPLOST VI account 321-15110542515 ($60,780) and the Stormwater Repairs account ($16,015, corrected from the $19,015 figure in the agenda). Motion to approve Professional Pipeline to replace the culvert and repair a sinkhole at 286 Northwind Drive in the total amount of $76,795, funded from SPLOST VI and the Stormwater Repairs account, was made by Councilmember Barber and seconded by Councilmember Berry. Motion carried unanimously. 11. Council Consideration to Approve Public Works to Apply to the Georgia Department of Natural Resources for Land and Water Conservation Fund Assistance for Clark Community Park – Phase 2.2, Committing the Required Local Match of $750,000.00 Director Aaron presented a 50/50 matching grant opportunity through the Georgia DNR Land and Water Conservation Fund. A successful application would yield $750,000 in grant funds paired with a 4|Page $750,000 local match from SPLOST VI, for a total of $1,500,000 in park improvements at Clark Community Park guided by the adopted master plan. Councilmember Barber requested a copy of the project description referenced in the draft resolution, which staff indicated would be provided upon completion of the application. The resolution was needed immediately to meet the grant application deadline. Motion to approve Public Works to apply to the Georgia Department of Natural Resources for Land and Water Conservation Fund assistance for Clark Community Park – Phase 2.2, committing the required local match of $750,000 from SPLOST VI, was made by Councilmember Gantt and seconded by Councilmember Cloud. Motion carried unanimously. 12. Council Consideration to Approve the Third (3rd) of Four (4) One-Year Renewal Options for RFP No. 2024-0005, Janitorial Maintenance Services with Intercontinental Commercial Services, Inc. (ICS), $152,100.00 The contract increases by $9,000 per year due to the addition of the new Police Substation. Funding covers janitorial services across all city facilities. Motion to approve the Third (3rd) of Four (4) One-Year Renewal for RFP No. 2024-0005 with Intercontinental Commercial Services, Inc. in the amount of $152,100 was made by Councilmember Gantt and seconded by Councilmember Cloud. Motion carried unanimously. 13. Council Consideration to Approve Change Order No. 3 with Prime Contractors, Inc., $78,814.39 Director Aaron explained that this change order relates to the construction of the new Public Works maintenance facility at 351 Taylor Drive. Unforeseen conditions required additional fill dirt due to unusually thick concrete found during demolition, a turnaround expansion, and an upgraded electrical service connection to accommodate three-phase power from Georgia Power. Motion to approve Change Order No. 3 with Prime Contractors, Inc. in the amount of $78,814.39 was made by Councilmember Berry and seconded by Councilmember Gantt. Motion carried unanimously. 14. Requesting Council Approval for the Establishment and Implementation of a Real Time Crime Center (RTCC) for the Stockbridge Police Department, Not to Exceed $157,881.19 Police Chief Orrin Hamilton presented the Real Time Crime Center proposal, describing it as a technology suite enabling crime analysts to monitor live camera feeds from partner businesses and relay real-time descriptions and directions of travel to dispatchers during active incidents. The primary funding of $148,500 comes from the Department's Violent Crime Reduction Grant, with the remaining $9,381.19 funded through Red Speed funds. No city general funds are required. Motion to approve the establishment and implementation of the Real Time Crime Center and authorize the purchase of the turnkey RTCC solution from Fountain Head Controls in an amount not to exceed $157,881.19 was made by Councilmember Cloud and seconded by Councilmember Gantt. Motion carried unanimously. 15. Council Consideration to Approve the Purchase of 10 RollShieldMH-Handgun Ballistic Shields and 9 RollShieldMH-Rifle Ballistic Shields from Verco Materials, LLC, Not to Exceed $102,875.04 Chief Hamilton presented the purchase as an officer safety enhancement, providing rapidly deployable ballistic protection for high-risk incidents. The purchase is fully funded through the Public Safety and Community Violence Grant. 5|Page Motion to approve the purchase of 10 RollShieldMH-Handgun ballistic shields and 9 RollShieldMH-Rifle ballistic shields from Verco Materials, LLC, not to exceed $102,875.04, was made by Councilmember Gantt and seconded by Councilmember Berry. Motion carried unanimously. 16. WHITLEY ENGINEERING 2027 CONTRACT RENEWAL Community Development Director Ryan Anderson presented the third of four one-year renewal options with Whitley Engineering for civil engineering services at no change from the prior year amount of $100,000. Motion to approve the Whitley Engineering 2027 contract renewal in the amount of $100,000 was made by Councilmember Berry and seconded by Councilmember Cloud. Motion carried 40-1, with Mayor Pro Tem Alexander abstaining due to a donation received from Whitley Engineering in support of the city's back-to-school event. 17. SagesGov Network 2027 CONTRACT RENEWAL Director Anderson presented the second of four contract renewals with SagesGov Network for cloudbased permitting and licensing software, noting the platform has been highly beneficial to the Community Development Department. The amount is $58,318.00, with no change from the prior year. Motion to approve the second contract renewal with SagesGov Network for cloud-based software, licensing, maintenance, and support services in the amount of $58,318.00 for 2027 was made by Councilmember Cloud and seconded by Councilmember Gantt. Motion carried unanimously. 18. DEESCO FIRE PROTECTION, INC. 2027 CONTRACT RENEWAL This item was removed from the agenda prior to the meeting. 19. CPL ARCHITECTS, ENGINEERS AND LANDSCAPE ARCHITECTS 2027 CONTRACT RENEWAL This item was removed from the agenda prior to the meeting. Comments – Mayor Pro Tem Mayor Pro Tem Alexander commended the Stockbridge Youth Council and its leadership board, and he recognized Commissioner Robinson's ongoing partnership with the city. He announced the upcoming Bridgefest event and invited Communications Manager Shana Thornton to provide more details. Ms. Thornton stated that Bridgefest will take place on Saturday, September 26, 2026. The event will feature a free festival starting at 3:00 PM, followed by a concert headlined by Drew Hill, with gates opening at 6:00 PM. City of Stockbridge residents can obtain tickets on Monday, September 21, 2026, from 5:00 PM to 8:00 PM at 4650 North Henry Boulevard. A valid ID is required (one ticket per person, and individuals must be present to claim their tickets). Mayor Pro Tem Alexander also addressed the recent removal of the mayor from office. City Manager Shawn Edmondson read an official statement confirming that the City Council had taken formal action removing the mayor pursuant to applicable city processes, and that all city operations, services, and staff would continue without interruption in accordance with the city charter, ordinances, and Georgia law. The city indicated it would not comment on potential legal proceedings beyond what is contained in the public record. 6|Page Executive Session The council convened in executive session to address matters pertaining to real estate, personnel, litigation, and cybersecurity. Motion to adjourn to executive session was made by Councilmember Cloud and seconded by Councilmember Gantt. Motion carried unanimously. Motion to end executive session and reconvene in open session was made by Councilmember Cloud and seconded by Councilmember Gantt. Motion carried unanimously. Upon reconvening, two personnel actions were announced: Motion to promote Cassandra Lester to the position of Chief Deputy Clerk for the City of Stockbridge was made by Councilmember Berry and seconded by Councilmember Gantt. Motion carried unanimously. Motion to approve the hiring of Marlena Edwards as the new City Clerk was made by Councilmember Berry and seconded by Councilmember Cloud. Motion carried unanimously. Adjournment Motion to adjourn was made by Councilmember Cloud and seconded by Councilmember Gantt. Motion carried unanimously. The meeting was adjourned at 9:45 pm. Respectfully submitted by: ______________________________ ______________________________ Cassandra Lester, Interim City Clerk Elton Alexander, Mayor Pro Tem 7|Page WORK SESSION MEETING SUMMARY MINUTES TUESDAY, AUGUST 25, 2026 6:00 P.M. Mayor & City Council Mayor Jayden L. Willams At-Large Mayor Pro Tem Elton Alexander – Council District 5 Councilmember LaKeisha Gantt – Council District 1 Councilmember Antwan Cloud – Council District 2 Councilmember Kyle D. Berry, Sr. – Council District 3 Councilmember Yolanda Barber – Council District 4 Administration Shawn Edmondson – City Manager Frank Milazi – City Treasurer Cassandra Lester – Interim City Clerk Quinton Washington – City Attorney Megan McCullough – Associate Attorney Mission: To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events. Call to Order Mayor Jayden L. Williams called the Work Session to order at 6:04 PM. Invocation The invocation was delivered by Councilmember for District 3, Kyle D. Berry, Sr. The pledge of allegiance followed and was recited by all in attendance. Roll Call A quorum was established. Councilmember Gantt was not in attendance. Adoption of the Agenda Mayor Williams presented the agenda and noted an amendment to add "Wed for Wednesday" initiative from the Municipal Court's office, and Resolution R-26 pertaining to document submission procedures for the September 12th hearing. Both items were designated as Items 10 and 11. Motion to add Resolution R-26 and the Wed for Wednesday item to the agenda was made by Mayor Pro Tem Alexander; seconded by Councilmember Berry. The motion carried 4-0. Councilmember Barber additionally requested the addition of two items for discussion: (1) establishing two at-large council seats or dissolving council districts, and (2) a moratorium on residential development in the downtown area and north of District 4. 1|Page Motion to add Item 1 (at-large council seats/district dissolution) as a discussion-only item was made and seconded. The motion failed 2–0, with 2 abstentions. The motion to add Item 2 (the residential development moratorium) failed for lack of a second. Mayor Pro Tem Alexander noted for the record that neither proposal had been communicated to fellow council members in advance and requested that Councilmember Barber open lines of communication with colleagues before bringing items directly to a public meeting. Councilmember Barber responded that she had raised these issues on multiple prior occasions without action and that the public meeting was an appropriate venue to advance the discussion. Motion to adopt the final agenda, inclusive of all approved amendments, was made by Mayor Pro Tem Alexander and seconded. The motion carried 4–0. Public Comments There were no public comments. Presentation 1. Financial Report as of 7/31/2026 and City of Stockbridge ACFR FY25 City Treasurer Frank Milazi presented both the FY25 Annual Comprehensive Financial Report (ACFR) and the Financial Report as of July 31, 2026. FY25 ACFR Highlights: The City carries two outstanding debt obligations: approximately $5 million on city facilities and a $9.8 million balance on the $14 million community center bond. The city's unassigned fund balance increased from a deficit of approximately $750,000 in FY24 to approximately $16.8–$19 million at the close of FY25 (December 31, 2025). The improvement was attributed primarily to the correction of a long-standing fund co-mingling issue in which capital project expenditures were incorrectly charged to the General Fund rather than the appropriate SPLOST accounts. The City also retired the amphitheater debt and the GFA/waterside debt during FY25. An additional $300,000 in misallocated charges was identified and is being corrected through the TSPLOST account. The City received the Government Finance Officers Association (GFOA) Award for Excellence in Financial Reporting and has reapplied for the current year. Mayor Pro Tem Alexander clarified for the public record that no funds were ever "missing"; rather, expenditures were drawn from the incorrect accounts and have since been properly reallocated. The council directed staff to post the ACFR and budget documents on the city website and to issue a public communication with a link or QR code to access the reports. Staff also announced a forthcoming public "Table Talk" event to provide additional context on the city's financial history. The council further requested that the independent auditors, Mauldin & Jenkins, present directly to the public, whether at a town hall or a future council meeting. Financial Report as of July 31, 2026: General Fund revenues received through July 31 totaled approximately $12.4 million against an annual budget of $34 million. Insurance premium tax revenues (~$3.4–3.5 million) are expected in October. Sales tax collections were noted as underperforming, a trend attributed in part to the two-month reporting lag and broader economic conditions, with improvement anticipated in the Thanksgiving and Christmas periods. General Fund expenditures totaled approximately $20.5 million against a budget of $37.8 million, with all departments within their appropriations. Total other fund revenues received were $18.5 million against a budget of $40.5 million. Water and sewer revenues were identified as a concern and are being closely monitored. Staff 2|Page confirmed that budgetary controls implemented under the current administration have eliminated non-budgeted spending. The ACFR acceptance was deferred to a future meeting to coincide with a public presentation by Mauldin & Jenkins. The following two items were moved to the top of New Business by unanimous consent of the Council prior to the standard New Business agenda items. New Business Item 10 — Wed for Wednesdays (Municipal Court Initiative) The Municipal Court Administrator Genea Stanley presented the "Wed for Wednesdays" initiative, a program offering wedding ceremonies officiated by Chief Judge Wanda Dallas on the last Wednesday of each month from 2:00 to 4:00 PM, beginning with a trial run in September and October 2026. The program requires no additional budget expenditure and is intended to strengthen community engagement, support downtown economic activity, and expand court services. Motion to approve the Wed for Wednesday’s initiative was made by Mayor Pro Tem Alexander; seconded by Councilmember Berry. The motion carried 4–0. Item 11 — Resolution R-26: September 4th Witness List and Exhibit Exchange Deadline City Attorney Quinton Washington presented Resolution R-26, which memorializes September 4, 2026 at 5:30 PM as the deadline for all parties to submit witness lists and exhibits to the Interim City Clerk in preparation for the September 12th hearing. The deadline was previously agreed upon by all parties during the prior Saturday's hearing proceedings. Councilmember Barber abstained, citing insufficient time to review the six-page document prior to the meeting. Motion to approve Resolution R-26 was made by Mayor Pro Tem Alexander; seconded by Councilmember Cloud. The motion carried 3–0–1 (Councilmember Barber abstaining). 2. Council Consideration to approve the purchase of furniture from HON Furniture in the amount of $123,530.35 for the New Maintenance Shop. Public Works Director Decius Aaron advised that the new maintenance shop building is scheduled for completion in November 2026 and that furniture requires six to eight weeks for delivery. Advance approval was requested to avoid occupancy delays. Funding is from SPLOST VI. Motion to approve the furniture purchase from HON Furniture in the amount of $123,530.35 was made by Councilmember Berry; seconded Councilmember. The motion carried 4–0. 3. Council Consideration to approve the competitively solicited contract pursuant to RFP No. 20260007, City of Stockbridge Comprehensive Residential Waste and Disposal Services with Waste Industries of Atlanta, LLC d/b/a GFL Environmental, in the amount of $2,450,000.00. Public Works Director Aaron reported that five proposals were received in response to the RFP; three firms were interviewed. The evaluation committee recommended GFL Environmental (operating as Waste Industries of Atlanta, LLC) as the most qualified and lowest-cost respondent at $17.75 per customer per month. The next lowest bid was Arrow Waste at $21.33 per month. As a condition of the RFP, all residential customers will receive new garbage carts under the new contract. The initial contract term is two years, with an effective date of February 1, 2027. 3|Page Mayor Pro Tem Alexander requested that staff explore options for adding the City of Stockbridge name or logo to the new carts, either through co-branding or a sticker program, to increase public awareness that the City subsidizes the service. City Manager Edmondson agreed to obtain cost quotes for both options and report back to the council. Mayor Pro Tem Alexander also disclosed for the record that GFL had previously provided support to his nonprofit organization in prior years, though not in the current year, and that he played no role in the evaluation committee. Motion to approve the contract award to Waste Industries of Atlanta, LLC d/b/a GFL Environmental in the amount of $2,450,000.00, funded from Sanitation account number 54045200-523991, with an effective date of February 1, 2027, was made by Councilmember Barber; seconded by Councilmember Berry. The motion carried 4–0. 4. Council Consideration to approve the Walt Stephens Trail Project Service Agreement in the amount of $216,835.00. Public Works Director Aaron presented the service agreement with the PATH Design Team for full professional services on the 1.1-mile, ten-foot wide concrete multi-use trail along Walt Stephens Road. The project is funded through TSPLOST I. Mayor Pro Tem Alexander expressed support for the project and requested that the council add a condition requiring a dedicated right-of-way acquisition point person to secure any necessary easements and parcels along the trail corridor in a manner consistent with the approach used on other city trail projects. He also requested a trail project map be made publicly available. He further expressed a desire to initiate additional concurrent trail projects in other council districts, including Campground Road and Peach Drive, where right-of-way is already held by the City. Motion to approve the Walt Stephens Trail Project Service Agreement in the amount of $216,835.00, with the added condition that a right-of-way acquisition point person be designated to secure any necessary right-of-way along the trail corridor made by Mayor Pro Tem Alexander; seconded by Councilmember Cloud. The motion carried 4–0. 5. Council Consideration to approve the proposed FY 2027 LMIG paving list. Public Works Director Aaron presented the FY 2027 Local Maintenance and Improvement Grant (LMIG) paving list, covering 5.1 miles across 27 street segments in nine subdivisions spanning all council districts. Approval of the list is required to submit the FY 2027 LMIG funding application. Mayor Pro Tem Alexander inquired about the northern section of Patrick Henry Parkway; Director Aaron confirmed that segment is part of a separate upcoming project tied to bridge approach slab repairs and will be bid in the coming weeks. Motion to approve the proposed FY 2027 LMIG paving list was made by Mayor Pro Tem Alexander; seconded by Councilmember Berry. The motion carried 4–0. 6. Council Consideration to approve the award of ITB No. 2026-0010 for the City's Landscape Maintenance Services to Gibson Landscape Services, LLC in the amount of $159,732.00. Public Works Director Aaron reported that the existing landscape maintenance contract expires at the end of September 2026. Six vendors responded to the ITB, and Gibson Landscape Services, LLC was the highest-rated and lowest-cost respondent. The contract scope covers all city buildings, the amphitheater, the downtown streetscape, historical markers, and the alleyway project area, with mulch replacement included quarterly. The new contract begins October 1, 2026. Mayor Pro Tem Alexander directed that staff walk the property with the new contractor at commencement to clearly 4|Page communicate performance expectations, particularly regarding edging and overall presentation standards. Motion to approve the award of ITB No. 2026-0010 to Gibson Landscape Services, LLC in the amount of $159,732.00 was made by Mayor Pro Tem Alexander; seconded Councilmember Berry. The motion carried 4–0. 7. Council Consideration to approve the award of ITB No. 2026-0011 for the City's LMIG Roads and Resurfacing to East Coast Grading, Inc. in the total amount of $3,022,990.26. Public Works Director Aaron reported that 26 roads totaling 6.38 miles will be resurfaced across all five council districts under the FY 2026 LMIG list, with District 4 carrying the heaviest concentration due to the inclusion of East Atlanta Road (from North Henry Boulevard to the city limit). The contractor, East Coast Grading, Inc., submitted the lowest responsive bid; the average bid across respondents was $3.4 million. Director Aaron noted that Daniel Drive, identified as the most deteriorated road on the list, will be prioritized for work to begin first. The public was advised to anticipate traffic management impacts during East Atlanta Road resurfacing. Funding is from TSPLOST I, GDOT LMIG, and GDOT LRA accounts. Motion to approve the award of ITB No. 2026-0011 to East Coast Grading, Inc. in the total amount of $3,022,990.26 made by Councilmember Berry; seconded by Mayor Pro Tem Alexander. The motion carried 4–0. 8. Council Consideration to approve the award of ITB No. 2026-0012 for the Country Club Drive intersection improvement to East Coast Grading, Inc. in the amount of $1,078,067.00. Public Works Director Aaron presented the TSPLOST-funded intersection improvement project at Patrick Henry Parkway and Country Club Drive, which will include a three-way traffic signal installation, milling and paving, striping, concrete curb and gutter, sidewalk improvements, and decorative black mast-arm signal posts consistent with the downtown streetscape standard. East Coast Grading, Inc. was the lowest responsive bidder among four respondents, coming in $5,400 below the second-lowest bidder. Mayor Pro Tem Alexander noted this project was specifically requested due to the high frequency of accidents at that intersection and expressed support for extending the mast-arm signal aesthetic to other commercial intersections throughout the city. Motion to approve the award of ITB No. 2026-0012 to East Coast Grading, Inc. in the amount of $1,078,067.00 was made by Mayor Pro Tem Alexander; seconded by Councilmember Berry. The motion carried 4–0. 9. Council Consideration to approve Professional Pipeline to perform an emergency leak repair on North Henry BLVD in the amount of $69,100.00. Public Works Director Aaron explained that Professional Pipeline is an on-call vendor for water and sewer infrastructure repairs. The emergency repair was authorized administratively and is now before the council for ratification, as the cost exceeds the City Manager's signing authority. The repair was expedited at the request of GDOT due to the leak's proximity to Highway 42 and the risk of road undermining. Motion to ratify the emergency leak repair by Professional Pipeline in the amount of $69,100.00, funded from account number 505-44200-522240 in the Water Department Budget, was made by Councilmember Cloud and seconded by Councilmember Berry. The motion carried 4–0. 5|Page Mayor Williams took the opportunity to introduce Mr. Billy Warren, the City's newly hired Assistant Public Works Director, who briefly addressed the Council. Mayor's Comments: There were no comments. Executive Session Motion to adjourn to Executive Session for the purposes of real estate, cybersecurity, personnel, and litigation was made Councilmember Cloud; seconded by Mayor Pro Tem Alexander. The motion carried 4–0. The Council convened in Executive Session. Motion to end Executive Session was made by Mayor Pro Tem Alexander and seconded Berry. The motion carried 4–0. Motions from Executive Session Upon returning to open session, Mayor Pro Tem Alexander announced the promotion of City Treasurer Frank Milazi to the position of Assistant City Manager, retaining his concurrent titles of Chief Financial Officer and Treasurer. The salary adjustment associated with the promotion was confirmed as a $10,000 increase, bringing Mr. Milazi's annual salary to $184,000. Councilmember Barber expressed unequivocal support for Mr. Milazi's professional contributions but initially opposed the motion, citing the absence of advance notice regarding the salary figure and characterizing the increase as an unbudgeted expense. Upon disclosure of the specific salary amount ($184,000) by City Manager Edmondson, Councilmember Barber withdrew her opposition and indicated approval. Motion to appoint Frank Milazi as Assistant City Manager / Chief Financial Officer / City Treasurer, with an annual salary of $184,000 (reflecting a $10,000 increase), was made by Mayor Pro Tem Alexander and seconded by Councilmember Berry. The motion carried 4–0. Adjournment Motion to adjourn was made by Councilmember Berry; seconded Councilmember Cloud. The motion carried 4–0. The meeting was adjourned at 9:01 p.m. Respectfully submitted by: ______________________________ ______________________________ Cassandra Lester, Interim City Clerk Elton Alexander, Mayor Pro Tem 6|Page INVESTIGATIVE HEARING SUMMARY MINUTES SATURDAY SEPTEMBER 12, 2026 9:00 A.M. Mayor & City Council Mayor Jayden L. Williams Mayor Pro Tem Elton Alexander Dist. 5 Councilmember LaKeisha Gantt Dist. 1 Councilmember Antwan Cloud Dist. 2 Councilmember Kyle D. Berry, Sr. Dist. 3 Councilmember Yolanda Barber Dist. 4 Administration Shawn Edmondson, City Manager Frank Milazi, City Treasurer/CFO Cassandra Lester, Interim City Clerk Quinton Washington, City Attorney Pursuant to the requirements of Charter § 2.17, the Stockbridge City Council conducted an investigative hearing concerning Mayor Jayden L. Williams on Saturday, September 12th, 2026, at 9:00 A.M. Due to a prior judgment, Councilmember LaKeisha Gantt was prohibited from deliberating on the proceedings and was not allowed to participate other than as a spectator. Since the interim clerk was a witness, she was also excluded from the proceedings until after her testimony. The hearing was presided over by M. Gino Brogdon Sr., and included examination and crossexamination of multiple witnesses by presenting counsel, Mr. Robert Ash and Amanda Bradley on behalf of the city, and defense counsel Mr. Robert Kenner Jr., on behalf of Mayor Williams. Testimony and documentary evidence were received concerning allegations of misuse of the City's purchasing card (P-card), improper use of City vehicles and fuel, attempted fraudulent expense submissions, interference with City staff duties, and related alleged sexual misconduct. Closing arguments were delivered by both counsels. Defense counsel argued that the evidence presented was insufficient to justify removal of a duly elected official, that the investigation was inadequately conducted, and that the hearing represented a disproportionate expenditure of public funds relative to the allegations. Presenting counsel argued that the evidence established by a preponderance of the evidence, that Mayor Williams had repeatedly misused City resources, submitted fraudulent expense claims, obstructed the investigation, and engaged in conduct constituting a violation of his oath of office, the City Charter, and applicable ethics codes. Following the close of evidence and arguments, hearing officer M. Gino Brogdon Sr., instructed the Council that the applicable standard of proof is “a preponderance of the evidence”—meaning the superior weight of the evidence—rather than the criminal standard of “beyond a reasonable doubt.” 1|Page Councilmember Berry made a motion to adjourn to executive session for legal, real estate, cybersecurity, and personnel matters; seconded by Councilmember Cloud. The motion passed unanimously, 4-0. Stockbridge City Councilmembers, Mayor Pro Tem Elton Alexander, Yolanda Barber, Kyle Berry, and Antwan Cloud, moved into executive session for deliberation. EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Act O.C.G.A. § 50-14-1) Mayor Pro Tem Elton Alexander called for a motion to end the executive session. Councilmember Berry made a motion to end the executive session and resume the meeting; seconded by Councilmember Cloud. The motion passed unanimously 4-0. The following action was taken from executive session: A motion to impeach Mayor Jayden L. Williams for violations of Charter Section 2.16— malfeasance and misfeasance—Section 2.16(c) and violation of the oath of office, made by Councilmember Berry; seconded by Councilmember Cloud. The motion passed with a vote of 3-0-0. Councilmember Barber did not cast a vote and did not verbally abstain. After the impeachment vote, Councilmember Berry made a motion for a second executive session to discuss personnel, real estate, and cybersecurity matters. The City Manager, Shawn Edmondson; Chief of Police, Orrin Hamilton; Communications Manager, Shana Thornton; and HR Director, Dwayne Pollock, were asked to attend. The motion was seconded by Councilmember Cloud and passed unanimously with a vote of 4-0. EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Act O.C.G.A. § 50-14-1) Mayor Pro Tem Alexander called for a motion to end the executive session and adjourn. Motion made by Councilmember Cloud; seconded by Councilmember Berry. There were no actions taken following the second executive session: ADJOURNMENT The investigative hearing adjourned following the second executive session. Respectfully submitted by: ______________________________ Cassandra Lester, Interim City Clerk ______________________________ Elton Alexander, Mayor Pro Tem 2|Page CITY OF STOCKBRIDGE AMPHITHEATER ENTERPRISE OPERATIONS PRESENTED BY: Frank S. Milazi, City Treasurer October 12, 2026 ENTERPRISE FUND What is an Enterprise Fund? An enterprise fund is a self-supporting government fund that sells goods and services to the public for a fee. These funds are a good way to assure the long-term sustainability of a variety of government-owned infrastructure systems, since they do not require allocations of tax proceeds from the general fund. An enterprise fund uses the same accounting framework followed by entities in the private sector, such as GAAP. Examples of Enterprise Funds There are many situations in which enterprise funds may be used, including the following: (a) Water Utility Fund: Accounts for the operation and maintenance of a municipal water distribution system. (b) Sewer Utility Fund: Used for the management of wastewater treatment facilities and sewer infrastructure. (c) Gas Utility Fund: Manages the supply and distribution of natural gas. (d) Airport Fund: Accounts for the operation of municipally-owned airports, including landing fees and passenger service charges. (e) Convention Center Fund: Manages revenues and expenses for city-run convention or exhibition centers. 2021 REVENUES AND EXPENDITURES REVENUES Ticket Sales Concessions Sales TRANSFER FROM SPLOST IV Total Revenues BUDGETED 0.00 0.00 250,000.00 $250,000.00 ACTUALS 155,862.70 17,832.44 0.00 $173,695.14 $250,000.00 $0.00 (OVER)/UNDER BUDGET (155,862.70) (17,832.44) 250,000.00 $76,304.86 EXPENDITURES Expenses Change in Net Position $173,695.14 $250,000.00 2022 REVENUES AND EXPENDITURES REVENUES Ticket Sales Rents & Royalties TRANSFER FROM SPLOST IV TRANSFER TO/FROM CITY WIDE PROJECTS Total Revenues BUDGETED ACTUALS (OVER)/UNDER BUDGET 0.00 0.00 450,000.00 0.00 $450,000.00 445,079.52 2,500.00 0.00 _ 3,842,261.51 $4,289,841.03 (445,079.52) (2,500.00) 450,000.00 (3,842,261.51) ($3,839,841.03) $4,819,962.30 (4,369,962.30) EXPENDITURES Expenses Change in Net Position $450,000.00 ($530,121.27) 2023 REVENUES AND EXPENDITURES REVENUES Ticket Sales Concession Sales Rents & Royalties Sponsorships TRANSFER TO/FROM CITY WIDE PROJECTS BUDGETED ACTUALS (OVER)/UNDER BUDGET 1,000,000.00 60,000.00 715,000.00 0.00 0.00 $1,775,000.00 3,453,249.30 41,163.87 2,500.00 167,351.73 6,353,312.00 $10,017,586.90 2,453,249.30 18,836.13 712,836.00 (167,351.73) (6,353,311.57) ($3,335,741.87) $1,775,000.00 $11,497,024.24 ($9,722,024.24) EXPENDITURES Expenses Change in Net Position ($1,479,437.34) 2024 REVENUES AND EXPENDITURES REVENUES Ticket Sales Concession Sales Rents & Royalties Miscellaneous SPONSORSHIPS BUDGETED ACTUALS (OVER)/UNDER BUDGET 1,000,000.00 60,000.00 540,000.00 0.00 400,000.00 $2,000,000.00 2,417,449.00 155,722.00 5,500.00 55.35 135,417.00 $2,714,193.35 (1,417,449.00) ( 95,722.00) 534,500.00 (55.35) 264,583.00 $714,143.35 2,000,000.00 $7,506,123.00 ($5,506,123.00) EXPENDITURES Expenses Change in Net Position ($4,791,929.65) 2025 REVENUES AND EXPENDITURES REVENUES Ticket Sales Concession Sales Rents & Royalties Miscellaneous SPONSORSHIPS BUDGETED ACTUALS (OVER)/UNDER BUDGET 2,600,000.00 7,651.00 42,875.00 760.00 370,000.00 $3,021,286.00 1,204,257.00 7,651.00 42,875 760.00 379,000.00 $1,634,543.00 1,395,257.00 0.00 0.00 0.00 (9,000.00) $1,386,743.00 $3,021,286.00 $3,329,668.00 $308,382.00 EXPENDITURS Expenses Change in Net Position ($1,695,125) 2026 REVENUES AND EXPENDITURES REVENUES BUDGETED ACTUALS (OVER)/UNDER BUDGET Ticket Sales 2,000,000.00 1,481,382.55 518,617.45 45,000.00 57,507.29 (12,507.29) 20,000.00, 00 35,163.00 154,500 2,245,337.00 $4,500,000.00 12,500.00 60,213.89 231,960.00 2,245,337.00 $4,088,100.73 (7,500.00) 25,050.89 77,460.00 0.00 $411,099.27 $4,500,000.00 $2,972,583.79 $1,527,416.21 Concession Sales Rents & Royalties Parking and Miscellaneous SPONSORSHIPS Transfers In Total Revenues EXPENDITURES Expenses Change in Net Position $1,116,319.94 OBSERVATIONS As a designated Enterprise Facility, a start up funding was needed in the first year. If the Governing Body decided to fund every year, the annual budget would have been prepared and adopted in line with anticipated revenues and corresponding expenses every year. Budget is the only tool that allocates spending for General Fund and all other funds including Enterprise Funds. Unfortunately, this was not done in a proper manner in FY2021, 2022, 2023 and 2024. Transfer of funding from one fund to the other can only be done during budget budget amendments approved by the Governing Body. In these past years, it was performed through year end adjustments. The Governing Body was involved in FY2024 revenues shortfall as well as for FY 2025 through budget amendments. The Governing Body will have to decide going forward, find a better way of funding the Amphitheater Operations without giving burden to other City operations. OBSERVATIONS/RECOMMENDATIONS The Governing Body and Executive are requested/asked to consider the following suggestions to fund Amphitheater operations for our upcoming 2027 fiscal year: 1. Leave it as it is now, with funds from General Fund – The City will have to cut department services to make up for Amphitheater needs/budget about $5 million. 2. Consider leasing the facility to the third party to run it - will have less or no financial impact on funding operation costs. 3. Consider the City Manager’s proposal to get a loan specifically to fund the Amphitheater operations – revenues from operations will service the debt. QUESTIONS AND COMMENTS FUND BALANCE AS OF DEC. 31, 2025 Total unassigned Fund Balance as of December 31, 2025, was $16,423,053 Ø $3,000,000 Land Acquisition Ø $2,000,000 To balance our 2026 Budget – acquisition of capital needs Ø $1,500,000 Amphitheater 2026 Budget shortfall Ø $2,000,000 To balance our Proposed 2027 Budget – this does not include Amphitheater $8,500,000 This will leave us with $7,500,000 unassigned Fund Balance by end of 2026. We do not want to go back to end of 2024 when we had ($750,000) unassigned Fund Balance in General Fund We need to have our spending under control and resist depleting our Rainy-Day Fund or Fund Balance. SPLOST VI v Our SPLOST VI first payment was in June 2025. We have received $9 million to-date. $4.5 million of that amount has been allocated to Public Works Shop that was appropriated $4 million for 6 years - $55,556/month or $666,672/year. v We need to remember that SPLOST allocations are 6 years, the more money one project spends in a year, less money will be spent on other projects. v SPLOST VI funding is for SPLOST VI Capital Projects v We are capturing all SPLOST VI Capital Projects as per referendum and Council approved allocations unless Council decides to make changes. COMMUNITY RECREATION CENTER q The City has $14 million at hand for the project q The City also appropriated $10 million from SPLOST VI for 6 years - $138,889/month or $1,666,667/year. q The City will have to decide: Ø Use the available $14 million to start the project Ø Use the $10 million from SPLOST VI funding and put breaks on other capital project funded by SPLOST VI, but $24 million will still not be enough Ø Resource additional funding for the project as this is on top of Council’s priority. OUTLOOK The City is in good financial status. We ought to continue being fiscal responsible with our limited resources by: Ø Limiting our spending within Council approved budget – do not incur expenses if there is no funding Ø Remembering to budget for all Intergovernmental Agreements (a)$4 million for Rock Quarry Road Extension, 2024 IGA – City’s share was not budgeted (b)$2.4 million for multiple road resurfacing 2024 IGA – City’s share was not budgeted - Eagles Landing Pkwy, Hudson Bridge Road, East Lake Pkwy etc. Ø Knowing, and following Financial Policies and Procedures in place. T-SPLOST II Six-Year Transportation Investment Program ESTIMATED ALLOCATION INVESTMENT AREAS LARGEST PRIORITY $45.68 M 8 32.8% Six-Year Program Proposed Categories Street Preservation EXECUTIVE SNAPSHOT A $45.68 million framework for preservation, connectivity and safety. TOTAL PROGRAM PRESERVATION CONNECTIVITY SAFETY & INTERSECTIONS $45.68 M $15.0 M $13.5 M $9.0 M Estimated Allocation Roadway Network Trails + Sidewalks Targeted Improvements Six-year forecast. Actual receipts determine delivery timing. Projects advance based on condition, safety, readiness, revenues and outside funding. Approved purposes govern spending. Category transfers require legal review. Council authorization remains part of project delivery where required. CITY OF STOCKBRIDGE • T-SPLOST II 2 COUNCIL PLANNING FRAMEWORK Projected revenue over six years Planning averages based on the current $45.68M City projection Period Average amount Basis and limitation Six years $45,680,000 Current City planning projection. Approval and actual collections determine available funds. One year $7,613,333 Total ÷ 6. Approximately $7.61M annually. One month $634,444 Total ÷ 72. Average only. Seasonal receipts and distributions may vary. Collection period Apr. 2027–Mar. 2033 County proposed six-year period, contingent on voter approval. Projection documentation City share source pending County public forecast: $330M. Finance must confirm the City percentage and dated allocation worksheet. Averages do not establish a guaranteed monthly payment, annual appropriation or construction schedule. CITY OF STOCKBRIDGE • T-SPLOST II 3 COUNCIL PLANNING FRAMEWORK Spending authority after list adoption Limited authority within approved transportation purposes Issue Planning rule Required confirmation Approved purposes Binding spending limit O.C.G.A. §48-8-269.5 requires proceeds to serve purposes in the calling resolution. Category or project transfer No automatic flexibility Council action alone should not be assumed to authorize a change inconsistent with the resolution or agreement. Savings or excess receipts No assumed new-project pool Statutory excess-proceeds rules and the executed intergovernmental agreement control disposition. Design and sequencing Within approved commitments Technical changes and delivery order must preserve required scope and comply with the governing documents. City-specific conditions Attorney confirmation pending Review the executed agreement, resolution and City list. Confirm transfer authority and any completion-first requirement. Working approach: preserve approved commitments. Do not promise deviation, project substitution or unrestricted use of contingency. CITY OF STOCKBRIDGE • T-SPLOST II 4 INVESTMENT PLAN Proposed allocation of $45.68 million across eight categories. Street Resurfacing $15.0 M Intersections 32.8% Trails & Connectivity $45.68 M TOTAL PROGRAM $10.0 M 21.9% $3.4 M 7.4% Other Transportation 7.7% Roadway Safety $4.5 M 9.9% Joint Projects Sidewalks & Pedestrian $3.5 M $4.5 M $2.0 M 4.4% Contingency 9.9% $2.78 M 6.1% 54.7% → STREETS + TRAILS CITY OF STOCKBRIDGE • T-SPLOST II 5 STREET PRESERVATION WHAT THIS CATEGORY CAN SUPPORT Street Preservation $15.0 M Resurfacing, milling and asphalt overlays 32.8% Full-depth repairs and reconstruction OF PROPOSED PROGRAM Base/subgrade, shoulders, curb and gutter Associated drainage, ADA, markings and striping INVESTMENT OBJECTIVE Engineering, testing, inspection and construction services Maintain and extend the life of Stockbridge’s roadway network. Staff LMIG plan: six × $2.5M = $15M. CITY OF STOCKBRIDGE • T-SPLOST II 6 COUNCIL PLANNING FRAMEWORK Street preservation and LMIG Staff recommends $2.5M annually for FY2029–FY2034 within the $15M preservation envelope Component Planning amount Funding treatment Street preservation allocation $15,000,000 Staff annual LMIG programs may use the full amount. Staff annual LMIG program $2,500,000 / year Supplied estimate for each fiscal year FY2029–FY2034. Also includes local match and outside grant revenue. Six annual programs $15,000,000 6 × $2.5M. Other preservation headroom $0 if all City-funded If all $15M uses City T-SPLOST, no additional preservation capacity remains. Grant credits may change the City share. LMIG match treatment Within the $15M plan GDOT current 30% match is context only. Actual future grant awards determine the match. Confirm eligibility. Confirm total program cost versus City share. Count LMIG grants and local match once. FY2034 cash timing requires Finance review. CITY OF STOCKBRIDGE • T-SPLOST II 7 TRAILS & CONNECTIVITY WHAT THIS CATEGORY CAN SUPPORT Trails & Connectivity $10.0 M Multi-use trails and shared-use paths 21.9% Trail extensions and gap connections OF PROPOSED PROGRAM Crossings, bridges, boardwalks and wayfinding ADA and eligible right-of-way/easement needs INVESTMENT OBJECTIVE Expand multi-use connections between neighborhoods and destinations. TRAIL PROJECTS Brush Creek Trail Phase II Walt Stephens Trail Phase II Campground Road Sidewalk Phase II CITY OF STOCKBRIDGE • T-SPLOST II Staff trail costs: Brush Creek $3M, Walt Stephens $3M, Red Oak $3M. 8 PEDESTRIAN + SAFETY WHAT THIS CATEGORY CAN SUPPORT Pedestrian + Safety $8.0 M $3.5 M — Sidewalks & Pedestrian Improvements 17.5% New sidewalk construction, replacement or reconstruction of deficient sidewalks, closing gaps within the existing sidewalk network, and pedestrian connections to transit, schools, parks, neighborhoods, and commercial areas OF PROPOSED PROGRAM INVESTMENT OBJECTIVE Pair pedestrian access with targeted roadway safety investments. $4.5 M — Roadway Safety Improvements Signals, signs, striping, guardrails, crossings and warning systems PEDESTRIAN & SAFETY PROJECTS Davis Road Sidewalk Phase II Shields Road Sidewalk Campground Road Sidewalk Phase II CITY OF STOCKBRIDGE • T-SPLOST II Councilmember corridor priorities require scope, safety and cost review. 9 INTERSECTION WHAT THIS CATEGORY CAN SUPPORT Intersections $4.5 M Speer Road intersection: expansion and safety review 9.9% Tye Street / North Henry Boulevard: traffic solution OF PROPOSED PROGRAM Old Atlanta Road / Flippen Road: right-turn lane State Route 42 / Valley Hill Road: corridor review INVESTMENT OBJECTIVE Study signals, turning movements, drainage and design Improve operations, capacity, turning movements and safety. Councilmember intersection priorities require feasibility and jurisdiction review. CITY OF STOCKBRIDGE • T-SPLOST II 10 PARTNERSHIPS WHAT THIS CATEGORY CAN SUPPORT Partnerships $3.4 M Patrick Henry Parkway: County scope and City match 7.4% Jodeco Road: County improvements and City match OF PROPOSED PROGRAM Incorporate trail connections in partner road projects Coordinate State Route 42 and regional trail links INVESTMENT OBJECTIVE Confirm schedules, eligibility and matching needs Leverage City dollars through joint transportation investments. $3.4M less $2.4M Patrick Henry ROW share leaves $1.0M before Jodeco. CITY OF STOCKBRIDGE • T-SPLOST II 11 COUNCIL PLANNING FRAMEWORK Partnership funding reconciliation Patrick Henry Parkway leaves only $1M of the proposed $3.4M allocated for joint projects Project / balance City funding position Scope, overlap and risk Joint-Projects $3,400,000 Proposed City allocation. County budgets remain separate. Patrick Henry Parkway $2,400,000 proposed 60% of $4M ROW phase, Country Club to Jodeco. City agreement required. Full construction funding remains open. Unassigned Balance $1,000,000 Available before any Jodeco contribution or other partnership commitments. Jodeco Road City contribution TBD County lists $18M for Phase I. This is not a City obligation. Obtain a written cost-share request. Any Jodeco or other City commitment above $1M creates a gap unless a legally authorized funding adjustment or another source covers it. CITY OF STOCKBRIDGE • T-SPLOST II 12 OTHER + CONTINGENCY $4.78 M WHAT THIS CATEGORY CAN SUPPORT Other + Contingency $2.0 M — Other Eligible Transportation Projects 10.5% OF PROPOSED PROGRAM $2.78 M — Contingency / Unforeseen Needs Escalation, changed conditions and quantity adjustments INVESTMENT OBJECTIVE Use only for authorized purposes after legal and funding review Provide eligible project funding and a separate program reserve. Legacy Phase II costs $5.5M versus this $2M other-project envelope. Funding gap: $3.5M. CITY OF STOCKBRIDGE • T-SPLOST II 13 ELIGIBILITY AT A GLANCE Illustrative transportation uses contemplated within each proposed category. STREETS Pavement • base/subgrade • shoulders • drainage • ADA • striping TRAILS Shared-use paths • crossings • bridges • wayfinding • ROW/easements SIDEWALKS New/rebuilt sidewalks • gaps • ramps • crossings • pedestrian signals SAFETY Signals • signs • markings • guardrails • beacons • lighting JOINT Roads • bridges • trails • signals • safety • eligible match INTERSECTION Turn lanes • widening • roundabouts • mast arms • ROW • design S OTHER Culverts • drainage • reconstruction • corridor work • grant match CONTINGENCY Authorized project risks • approved reserve draws ALL USES REMAIN SUBJECT TO THE GOVERNING T-SPLOST PROGRAM AND APPLICABLE LAW CITY OF STOCKBRIDGE • T-SPLOST II 14 COUNCIL PLANNING FRAMEWORK Phase II Context: Trail Extensions Phase labels do not establish route limits or a funded construction obligation Project Phase I context Phase II and remaining phases Brush Creek Trail Phase I Awaiting easement Phase II: Clark Park / Norfolk Tunnel to Gardner Park, $3M staff estimate. Walt Stephens Trail Phase II Existing concept in City priorities Phase II: Monarch Village to Speer Road, $3M staff estimate. All trail extensions Jurisdiction / feasibility open Confirm measured length, alignment, easements, crossings, utilities and major structures before treating allowances as totals. Existing funding Separate from new phases Reconcile appropriations, spent amounts, contracts and remaining obligations. Count only new unfunded scope in T-SPLOST II. Phase I details reflect dated staff context, not a newly verified project status. Public Works must confirm them for the Council record. CITY OF STOCKBRIDGE • T-SPLOST II 15 COUNCIL PLANNING FRAMEWORK Phase II Context: Sidewalks and Legacy Work Existing scope and remaining commitments need a phase-by-phase reconciliation Project Phase I Context Phase II and Remaining Phases Davis Road Sidewalk Phase II Prior phase limits / funding unconfirmed Phase II staff estimate: $2.25M. Confirm route limits, easements and prior funding. Neighborhood Legacy Sept. 22 context: easement proposal Phase II staff estimate: $5.5M. Confirm segment scope, prior funding and Phase I status. Campground Sidewalk Phase II May overlap trail / developer scope Phase II: Winbrook Drive to Hwy 42. Staff estimate $2.25M. Confirm length and exclude prior / developer commitments. Other phases No confirmed later-phase budgets Define each usable phase, its independent cost and the remaining work before approving a partial project. Required Project Record Public Works / Finance review Phase map, prior budget and commitments, remaining scope, jurisdiction, ROW status and feasibility risks. Unknown limits remain unknown. The cost sheet supplies explicit comparison assumptions while staff develops the phase record. CITY OF STOCKBRIDGE • T-SPLOST II 16 DISTRICT PRIORITIES DISTRICTS 1 + 2 Requests drawn from retreat comments. Councilmember confirmation, scope and funding review remain open. DISTRICT 1 | GANTT MARCH 6 RETREAT Councilmember priorities for confirmation Walt Stephens Road expansion and district sidewalk / trail completion. Speer Road intersection expansion, shoulders and drainage safety. DISTRICT 2 | CLOUD Flippen Road expansion and safety. Tye Street / North Henry Boulevard traffic solution, including possible Nolan Street extension. Right-turn lane at Old Atlanta Road / Flippen Road. CITY OF STOCKBRIDGE • T-SPLOST II 17 COUNCIL REQUESTS • PRELIMINARY COSTS District 1 • Councilmember Gantt Retreat requests. Costs reflect assumed scope until project limits are confirmed. Project / request Estimated Cost Scope and Basis Walt Stephens Road expansion $18–30 M / Mile Assumes widening from 2 to 4 lanes. Working rate only. Length and bridge needs remain unknown. District sidewalk completion $1.5–3.0 M / Mile Both sides of one route. Working allowance. Identify gaps and avoid overlap with widening. Walt Stephens Trail Phase II $3.00 M Monarch Village to Speer Road. Speer Road intersection expansion $1.2–6.0 M Mid-to-major intersection benchmark. Confirm location, traffic analysis and preferred treatment. Speer Road shoulders / drainage $0.5–2.0 M / Mile Localized improvements only. Working allowance excludes bridges and culvert replacement. Per-mile amounts are unit allowances, not whole-project totals. Confirm scope before assigning funds. CITY OF STOCKBRIDGE • T-SPLOST II 18 COUNCIL REQUESTS • PRELIMINARY COSTS District 2 • Councilmember Cloud Retreat requests. Corridor estimates and individual improvements may overlap. Project / Request Estimated Cost Scope and Basis Flippen Road expansion $29–44 M Potential joint project with Henry County. Flippen Road safety improvements $0.6–1.2 M / Location Minor-to-mid intersection allowance. Tye Street / North Henry turn lane $0.90 M Updated staff turn-lane scope. Broader traffic alternatives require separate estimates. Confirm ROW and jurisdiction. Possible Nolan Street extension $12–24 M / Mile Possible new 2-lane urban road. Working allowance excludes bridges Old Atlanta / Flippen turn lane $0.90M Confirm right of way, utilities and drainage. Nolan Street is an optional alternative. Do not add overlapping alternatives or safety work to corridor totals. CITY OF STOCKBRIDGE • T-SPLOST II 19 DISTRICT PRIORITIES DISTRICTS 3–5 Retreat comments plus District 3 update discussed with the City Manager. Confirm scope and funding. DISTRICT 3 | BERRY MARCH 6 RETREAT Councilmember priorities for confirmation Red Oak Trail: proposed multi-use path to improve District 3 walking, cycling and neighborhood connectivity. Confirm route, length, crossings and easements. DISTRICT 4 | BARBER Valley Hill, Davis and Shields sidewalk / trail links. State Route 42 / Valley Hill review and corridor study. East Lake Parkway links to Eagles Landing Parkway and State Route 42. DISTRICT 5 | ALEXANDER City match and trails in County Patrick Henry Parkway and Jodeco Road projects. Campground Road, Eagles Landing Parkway and Hudson Bridge Road trail connections. CITY OF STOCKBRIDGE • T-SPLOST II 20 COUNCIL REQUESTS • PRELIMINARY COSTS District 3 • Councilmember Berry Red Oak Trail: Rock Quarry Road to Flippen Road. Supplied staff project estimate: $3.00M. Expenditure Category Illustrative Amount Planning Basis Engineering / design (10%) $300,000 10% of the supplied $3M total. Illustrative allocation only. Trail construction (70%) $2,100,000 70% of supplied total. Confirm path width, length, drainage, crossings and civil scope. Inspection / testing (5%) $150,000 5% of supplied total. Illustrative allocation only. Contingency (15%) $450,000 15% of supplied total. Confirm the actual included project risk allowance. TOTAL STAFF ESTIMATE $3,000,000 Project allowance, not a per-mile amount. No actual expenditures reported. Illustrative distribution of the supplied $3M total. Component amounts are not a staff-approved breakdown. Confirm design, ROW, utilities and contingency inclusions before funding. CITY OF STOCKBRIDGE • T-SPLOST II 21 COUNCIL REQUESTS • PRELIMINARY COSTS District 4 • Councilmember Barber Updated staff estimates replace earlier ranges for matching sidewalk and review scopes. Project / Request Estimated Cost Scope and Basis Valley Hill Road sidewalk $6.50 M East Atlanta Road to Hwy 42. Davis Road sidewalk Phase II $2.25 M Confirm Phase II limits and prior funding. Shields Road sidewalk $2.25 M North Henry BLVD to Davis Road. Separate from $0.30M traffic calming. SR 42 / Valley Hill review $100,000 Updated staff study / corridor review estimate. Construction is a separate scope subject to GDOT review. East Lake Parkway connections $2.0–4.0 M / Mile One path linking Eagles Landing Parkway and SR 42. Define alignment, crossings and length. CITY OF STOCKBRIDGE • T-SPLOST II 22 COUNCIL REQUESTS • PRELIMINARY COSTS District 5 • Mayor Pro-tem Alexander Retreat requests. County phase budgets and City contributions have different scopes. Project / Request Estimated Cost Scope and Basis Patrick Henry Parkway match / trails $2.4 M City ROW share County adopted list, Aug. 4, 2026: Country Club to Jodeco, ROW only. $4M total, 60% City. Construction and trail funding remain open. Jodeco Road match / trails $18 M County phase budget City share TBD County $18M phase allowance. Includes paths. City contribution unconfirmed. County targets Q3 2031, subject to revenue tiers. Eagles Landing Parkway trail links $2.0–4.0 M / mile One new path. Confirm missing connections and crossings. Excludes major structures. Hudson Bridge Road trail links $2.0–4.0 M / mile One new path. Coordinate with Jodeco improvements. Excludes major structures. The $2.4M is a proposed ROW contribution, not a full construction cost. Confirm matches and included trail scope. CITY OF STOCKBRIDGE • T-SPLOST II 23 COUNCIL REQUESTS • PRELIMINARY COSTS Cost basis and next steps Planning estimates as of October 7, 2026. Future escalation and remaining scope are separate. Project / request Estimated Cost Scope and Basis Earlier corridor benchmarks Other concepts only Retain historical comparison rates for unselected concepts. Updated staff project costs supersede ranges for matching scopes. Updated staff estimates Supplied project totals Use the revised staff workbook amounts for matching projects. Unit rates apply only to separately scoped concepts. Cost inclusions Confirmation required Updated workbook does not itemize design, ROW, utilities or project contingency. Do not add a duplicate allowance. Items needing separate review Potential added costs Major structures, complex utility relocation and unusual ROW. No future delivery-year escalation included. District 3 • Berry Red Oak Trail $3.00M project total Rock Quarry Road to Flippen Road. Updated staff estimate replaces the permile comparison. Confirm length and cost inclusions. CITY OF STOCKBRIDGE • T-SPLOST II 24 COUNCIL PLANNING FRAMEWORK Planning estimates: additional named projects Supplied staff project totals supersede earlier one-mile comparisons for matching scopes Project Updated Planning Cost Scope and Funding Confirmation Brush Creek Trail Phase II $3.00 M Clark Park / Norfolk Tunnel to Gardner Park. Confirm length, easements, structures and included costs. Walt Stephens Trail Phase II $3.00 M Monarch Village to Speer Road. Neighborhood Legacy Phase II $5.50 M Confirm scope and category assignment. Tye Street pedestrian corridor $1.5–3 M for 1 mile Both-side sidewalk assumption. Separate from the intersection estimate and existing Tye path funding. CITY OF STOCKBRIDGE • T-SPLOST II 25 COUNCIL PLANNING FRAMEWORK Planning estimates: pedestrian and program scope Project costs and category spending limits have different meanings Project / Program Planning Amount Assumed Scope and Budget Treatment Campground sidewalk Phase II $2.25 M Winbrook Drive to Hwy 42. Updated staff project estimate. Confirm overlap with trail / developer work. City street preservation $15 M staff plan Six annual LMIG programs at $2.5 M. Reconcile City share, grant receipts and local match within the envelope. Signals + Shields calming $1.83 M staff total Signal modernization $1.53 M plus traffic calming $0.30 M. Roadway Safety category envelope remains $4.5 M. Other transportation $2 M category Legacy Phase II costs $5.5 M. A $3.5 M category gap requires an eligible funding solution. All remaining district projects See district cost sheets Each named district request has a whole-corridor, per-location or per-mile range. Confirm lengths before totaling. CITY OF STOCKBRIDGE • T-SPLOST II 26 COUNCIL PLANNING FRAMEWORK Cost assumptions and contingency One estimate basis, one project risk allowance, one separate program reserve Cost Component Treatment in This Deck Effect on Funding Decisions Current planning costs Updated staff totals Supplied project amounts supersede prior screening ranges for matching scopes. Other district concepts retain comparison rates. Future escalation Excluded from current ranges At assumed 4% annually, a $4M 2026 estimate becomes $4.50M in 2029 and $5.06M in 2032. Rebase once to delivery year. Project contingency Confirm supplied inclusions No extra allowance added to staff totals. Red Oak 15% is an illustrative split of its $3M total, not another cost. Program contingency $2.78M separate reserve 6.1% of $45.68M. Keep centrally identified and outside project estimate totals until an authorized draw. Exceptional costs Separate, itemized additions Unusual ROW, major structures and complex utilities may be excluded. Add verified amounts before approving commitments. CITY OF STOCKBRIDGE • T-SPLOST II 27 COUNCIL PLANNING FRAMEWORK Project overruns and delivery implications A funding gap requires a documented response before award or scope commitment Step Funding Response Delivery Implication Reconcile estimate Confirm remaining scope and cost Separate inflation, quantities, ROW and utilities. Remove duplication and funded work. Use project allowance Assess included contingency Apply the existing project risk allowance first. Track use rather than adding it again. Consider program reserve Legal review + authorization Use only within approved purposes and applicable agreement terms. A draw reduces the reserve remaining for all other projects. Secure another source Grant / partner / eligible City funds Obtain award or appropriation and confirm restrictions. Lack of funds can delay bidding or construction. If gap remains Rephase only if legally permitted Seek Attorney review and Council direction. Scope reduction must preserve required commitments. Deferral may increase future cost. CITY OF STOCKBRIDGE • T-SPLOST II 28 COUNCIL PLANNING FRAMEWORK Program capacity and priority decisions The $45.68 M forecast must support selected scope, delivery costs and the reserve Comparison Planning Implication Council Discussion Project funding envelope $42.90 M + $2.78 M reserve The eight proposed categories total $45.68M. Flippen full corridor $29–44 M screening range Illustrative full corridor could consume most project funding and exceeds its likely category capacity. Confirm a fundable scope. Updated staff project list $46.48 M Exceeds the $45.68 M forecast by $0.80M. With $2.78M reserve: $49.26M, gap $3.58M. Patrick Henry contribution $2.40 M additional Absent from staff list. With staff costs and reserve: $51.66M, gap $5.98M. Any Jodeco City contribution is additional. Before final list Scope + funding ledger For each project: limits, base cost, exceptions, escalation, existing funds, City share and category balance. Select only supportable commitments. Staff costs are not an affordable adopted portfolio. Sidewalks total $13.25M versus $3.5M allocated. Reconcile category gaps before commitments. CITY OF STOCKBRIDGE • T-SPLOST II 29 COUNCIL PLANNING FRAMEWORK Sources and outstanding confirmations Public sources checked October 7, 2026 Record Use in the presentation Outstanding confirmation County list, Aug. 4, 2026 Patrick Henry share / Jodeco phase Obtain executed City cost-share agreement and resolve duplicate scope. County T-SPLOST 2 page $330M forecast / collection period Finance to attach the dated City $45.68M worksheet and allocation percentage. GDOT LMIG formula table FY2027 amount / 30% match Confirm six-year award assumptions and eligible local match funding. O.C.G.A. §48-8-269.5 Restricted purposes / excess funds Attorney to review executed IGA, resolution, transfers and completion obligations. CITY OF STOCKBRIDGE • T-SPLOST II 30 HOW PROJECTS MOVE FORWARD A phased six-year program tied to revenue, readiness, eligibility and Council action. 1 2 3 4 5 6 REVENUE PRIORITIZE DEVELOP AUTHORIZE DELIVER MONITOR Actual collections Need + safety Engineering + ROW Council, as required Bid + construct Costs + receipts Transportation need and infrastructure condition Public safety and project readiness Engineering, right-of-way and construction cost requirements PLANNING FRAMEWORK Delivery must honor approved purposes and legal commitments. Staff track costs and receipts. Any scope or funding change requires legal review and authorization. Opportunities to leverage State, federal, County or other transportation funding CITY OF STOCKBRIDGE • T-SPLOST II 31 STAFF RECOMMENDATIONS Staff recommendations and preliminary costs Updated staff list: $46.48M | $0.80M above the $45.68M projection before program contingency Preservation, trails and sidewalks Planning cost Intersections, safety and signals Planning cost FY2029–FY2034 LMIG ($2.5M/year) $15.00M Tye Street / North Henry Blvd turn lane $0.90M Neighborhood Legacy Phase II $5.50M Old Atlanta / Flippen Road turn lane $0.90M Brush Creek II: Clark Park / Norfolk Tunnel to Gardner Park $3.00M Shields Road traffic calming $0.30M Walt Stephens II: Monarch Village to Speer Road $3.00M Campground sidewalk II: Winbrook Drive to Hwy 42 $2.25M Red Oak Trail: Rock Quarry Road to Flippen Road $3.00M Davis Road sidewalk Phase II $2.25M SR 42 / Valley Hill corridor review $0.10M Valley Hill Road sidewalk $6.50M Upgrade 17 traffic signals $1.53M Shields Road sidewalk $2.25M CITY OF STOCKBRIDGE • T-SPLOST II 32 Discussion & Direction Key questions to guide refinement of the proposed six-year framework 01 02 03 04 ALLOCATION Does the proposed distribution reflect Council’s transportation priorities? PROJECTS Which retreat requests and existing concepts should move into project development first? PARTNERSHIPS Confirm Henry County scope, schedule, trail elements and City match for Patrick Henry Parkway and Jodeco Road. NEXT STEPS Confirm phase limits, LMIG reserve, funding gaps and legal constraints before finalizing commitments. NEXT: CONFIRM PRIORITIES AND SEQUENCING 33 October 12, 2026 ✔ ✔ Decius T. Aaron and Brandon Rogers Public Works TSPLOST II Presentation. Public Works has prepared a presentation outlining proposed transportation projects, staff recommendations, planninglevel cost estimates, and funding considerations. The presentation includes district requests and projects addressing roadway resurfacing, safety, intersection improvements, sidewalks, trails and connectivity, and potential partnerships with Henry County. Council’s direction will assist staff in refining project priorities, proposed allocations, and the project list within the projected available funding. ✔ $0 ✔ No expenditure authorization is requested with this presentation. Project estimates are preliminary and subject to further evaluation and refinement. Public Works and Project Manager recommend approval. City of Stockbridge Employee Policy Manual: Summary of Revisions and Additions Chapter 1 – Equal Opportunity Employment Overview: This chapter was revised to modernize employment practices, strengthen legal compliance, clarify reporting expectations, and reinforce the City's commitment to providing a respectful, inclusive, and legally compliant workplace. Policy What Changed Why Modernized policy language and updated To align with current Equal protected classifications. Reinforced the employment laws and reaffirm Employment City's commitment to a workplace free from the City's commitment to equal Opportunity discrimination, harassment, and retaliation. employment opportunity. Expanded definitions of prohibited conduct, To provide clearer behavioral added examples of unacceptable workplace expectations, strengthen Prohibited behavior, clarified reporting procedures, reporting procedures, and Conduct confidentiality expectations, corrective promote a respectful action, and retaliation protections. workplace. Clarified the reasonable accommodation Americans with To improve ADA compliance process, interactive dialogue, documentation Disabilities Act and ensure a consistent process requirements, confidentiality, and employee (ADA) for accommodation requests. responsibilities. To ensure compliance with Updated I-9 and E-Verify procedures, Employment federal and state employment clarified employment verification Eligibility eligibility requirements and requirements, and modernized onboarding Verification improve onboarding language. consistency. Key Enhancements • • • • • Expanded examples of discrimination, harassment, and retaliation. Added stronger confidentiality provisions during investigations. Added enhanced anti-retaliation protections. Added clearer guidance regarding E-Verify and employment eligibility verification. Standardized policy formatting and numbering throughout the chapter. 1 Chapter 2 – Complaint Procedures Overview: This chapter was substantially revised to strengthen the City's complaint reporting process by expanding reporting options, reinforcing protections against retaliation, clarifying investigation procedures, and promoting a workplace culture of accountability, professionalism, and ethical conduct. Policy Type of Change What Changed Why Expanded the complaint process to To encourage employees to include a broader range of workplace report concerns promptly, concerns, clarified reporting Complaint improve access to reporting, Revision expectations, authorized employees to Procedure and ensure concerns are bypass the chain of command when addressed appropriately and appropriate, and established multiple consistently. reporting channels. Added alternative reporting channels To provide employees with when complaints involve supervisors, safe and appropriate Complaint Addition Human Resources, the City Manager, reporting options regardless Procedure or elected officials, including guidance of who is involved in the for potential conflicts of interest. complaint. Added language encouraging prompt To strengthen employee Complaint reporting, cooperation during confidence in the complaint Addition Procedure investigations, confidentiality, and process and reinforce protection from retaliation. accountability. Clarified the City's responsibility to To ensure complaints are conduct prompt, objective, and handled consistently, fairly, Review of confidential investigations, Revision and in accordance with Complaint communicate outcomes when applicable laws and City appropriate, and implement corrective policies. action when warranted. Updated language regarding knowingly To protect the integrity of the Intentionally false or malicious complaints and complaint process while Revision False Claims clarified potential disciplinary action encouraging employees to for intentional false reporting. report concerns in good faith. Key Enhancements • • • • • • Expanded employee reporting options. Established multiple escalation paths for complaints involving leadership. Strengthened anti-retaliation protections. Clarified investigation and confidentiality expectations. Reinforced employee rights to report concerns without fear of retaliation. Improved consistency and transparency in complaint resolution. 2 Chapter 3 – Recruitment & Selection Overview: This chapter was extensively revised to modernize the City's recruitment and selection practices, improve consistency throughout the hiring process, strengthen documentation, and establish clearer guidance for employment decisions. The revisions support fair, transparent, and efficient hiring practices while enhancing the overall candidate and employee experience. Policy Type of Change Filling Vacant Positions Revision Recruitment for Vacant Positions Revision Employment Applications Revision Disqualification Revision Selection Revision Starting Salary Placement Revision What Changed Why Updated procedures for identifying To improve consistency, vacancies, initiating recruitment, and accountability, and posting open positions. Clarified efficiency in filling departmental responsibilities during vacant positions. the hiring process. Modernized recruitment practices by To expand recruitment clarifying recruitment methods and efforts and improve the advertising requirements while City's ability to attract allowing flexibility based on qualified candidates. organizational needs. Updated the application process to To streamline reflect the City's online recruitment recruitment, improve system, clarified applicant efficiency, and ensure requirements, and strengthened applicants provide language regarding incomplete or complete and accurate false applications. information. Clarified circumstances under which applicants may be removed from To establish consistent consideration, including minimum and objective hiring qualifications, incomplete standards while reducing applications, false statements, organizational risk. employment eligibility, and other disqualifying factors. Updated the selection process by To promote fair, meritclarifying interviews, candidate based hiring decisions evaluation, reference checks, and improve consistency background requirements, and final throughout the selection hiring decisions. process. To promote equitable, Clarified salary placement guidelines consistent, and and factors considered when competitive determining starting pay. compensation practices. 3 Policy New Employee Orientation & Onboarding Position Reclassification Type of Change What Changed Added a comprehensive onboarding process, including orientation expectations, completion of Addition employment documentation, and introduction to City policies and procedures. Clarified the process for requesting and evaluating position Revision reclassifications based on organizational needs and job responsibilities. Why To improve the employee experience, support successful onboarding, and promote early engagement and productivity. To ensure positions accurately reflect assigned duties and maintain internal equity. To provide transparency and consistency in Promotion advancement opportunities. To support Clarified voluntary and organizational flexibility Transfers Revision management-initiated transfer while ensuring fair procedures. employment practices. To establish consistent Updated procedures governing practices when voluntary and involuntary demotions organizational or Demotion Revision and clarified administrative performance-related expectations. changes require reassignment. To ensure consistency in Appointment of Clarified appointment authority and executive-level hiring Positions & Revision approval responsibilities for key and organizational Department Heads leadership positions. governance. To promote fairness, Updated nepotism guidelines and prevent conflicts of Employment of clarified restrictions involving Revision interest, and maintain Relatives supervisory relationships and public confidence in potential conflicts of interest. employment decisions. To provide operational Approved Established circumstances under flexibility while Exceptions from Addition which recruitment requirements may maintaining appropriate Vacancy be modified or waived. oversight and Announcements accountability. Updated promotion procedures, Revision qualification requirements, and selection expectations. 4 Key Enhancements • • • • • • • • Modernized recruitment and hiring practices. Transitioned to an online employment application process. Established a more comprehensive onboarding program. Clarified salary placement and compensation decisions. Improved consistency in promotions, transfers, demotions, and reclassifications. Strengthened hiring documentation and approval processes. Enhanced transparency and fairness throughout the recruitment and selection process. Increased operational flexibility while maintaining accountability and compliance. Chapter 4 – Employment Policies and Procedures Overview: Chapter 4 was significantly revised to modernize workplace policies, address emerging workplace issues, strengthen organizational accountability, improve operational consistency, and reduce organizational risk. Several new policies were introduced, and existing policies were expanded to provide clearer expectations for employees and supervisors. Policy Type of Change Employee Policy Manual Revision Administration & Amendments At-Will Employment Revision Introduction Period Revision Reduction in Force Revision Fraternization Policy Revision Workplace Violence Policy Revision What Changed Why Clarified the administration, To ensure the handbook interpretation, and remains current and amendment process for the provides flexibility for Employee Policy Manual. future policy updates. Updated language reinforcing To clarify employment the City's at-will employment status and reduce legal relationship and handbook risk. disclaimer. Clarified expectations, To establish consistent evaluation, and successful onboarding and completion of the performance introductory employment expectations for new period extended. employees. Updated procedures To ensure fair, governing workforce consistent, and legally reductions and organizational compliant workforce restructuring. decisions. Clarified expectations To maintain regarding workplace professionalism and relationships and conflicts of minimize potential interest. workplace conflicts. Expanded prohibited To promote a safe work behaviors, reporting environment and reduce requirements, investigation organizational risk. 5 Policy Type of Change What Changed Why procedures, and corrective action. Updated tobacco-free Tobacco and To promote employee workplace standards to Smoke-Free Revision health and maintain a reflect current workplace Workplace safe work environment. expectations. Clarified prohibited conduct, Drug-Free and To maintain workplace testing procedures, reporting Alcohol-Free Revision safety and comply with expectations, and disciplinary Workplace applicable laws. actions. To address evolving Modernized acceptable use technology, safeguard standards for City-owned Use of City resources, and technology (including AI), Technology Addition/Revision establish clear electronic communications, Resources expectations for internet usage, cybersecurity, responsible technology and data protection. use. Established expectations for To protect confidential the appropriate use of Use of Personal information, improve Addition personal mobile devices Mobile Devices productivity, and reduce while conducting City cybersecurity risks. business. To protect the City's Expanded guidance regarding reputation while employee use of social Social Media providing employees Addition/Revision media, including personal Policy with clear expectations and official communications regarding responsible that may impact the City. social media use. Clarified employee To ensure employees participation in political understand permissible Political Activity Revision activities while maintaining political activities and compliance with applicable avoid conflicts of laws and ethical standards. interest. Updated procedures for To improve business Inclement Weather weather-related closures, continuity and employee & Emergency Revision emergency operations, and safety during Circumstances employee notification. emergencies. Clarified driver To reduce liability, Safe Driving responsibilities, vehicle Revision improve public safety, Policy safety expectations, and and protect City assets. reporting requirements for 6 Policy Type of Change Emergency Addition Procedures Policy Outside Employment Revision Confidential Information Revision Gifts, Gratuities & Community Revision Benefit Programs Use and Return of Revision City Property Dress Code & Personal Appearance Revision Non-Interference with Administration Revision Children at Work Addition What Changed employees operating City vehicles. Added comprehensive emergency response guidance for employees during workplace emergencies and critical incidents. Why To improve organizational preparedness, employee safety, and continuity of operations. To prevent conflicts of Clarified approval interest and ensure requirements and limitations outside employment regarding secondary does not interfere with employment. City responsibilities. Expanded employee To protect City records, responsibilities regarding employee privacy, and confidential and sensitive public trust. information. Updated ethics guidance To reinforce ethical related to gifts, gratuities, and decision-making and conflicts of interest. Clarified maintain public Community Benefit confidence. Programs. Clarified employee responsibilities for To improve safeguarding and returning accountability and City-owned equipment and protect City assets. property. Modernized employee To provide consistent appearance standards while expectations across all maintaining professionalism departments. and safety. Clarified expectations regarding appropriate To support effective authority, organizational governance and structure, and workplace operational efficiency. responsibilities. Established guidelines To promote workplace regarding children in the safety while providing workplace and approved clear expectations for exceptions. employees. 7 Policy Type of Change What Changed Why Added guidance regarding Infectious Disease communicable illnesses, To protect employee & Communicable Addition/Revision reporting requirements, health and support Illness Policy workplace safety, and return- continuity of operations. to-work expectations. Established procedures for To improve hiring Background & conducting background decisions, protect City Driving Record Addition investigations and motor resources, and reduce Reviews vehicle record reviews for organizational risk. designated positions. Key Enhancements • • • • • • Modernized workplace policies to reflect current HR best practices. Added new technology, mobile device, emergency management, and communicable illness policies. Expanded guidance regarding cybersecurity, confidentiality, and social media. Strengthened workplace safety, ethics, and risk management provisions. Clarified employee responsibilities and supervisor expectations. Improved operational consistency while reducing legal and organizational risk. Chapter 5 – Types of Appointments Overview: Chapter 5 was revised to clarify the various employment appointment classifications used by the City. The revisions establish consistent definitions, identify the conditions under which each appointment type may be used, and provide greater flexibility to meet operational and staffing needs while ensuring consistency in employment practices. Policy Regular Appointments Temporary Appointments Type of Change Revision Revision What Changed Clarified the definition, eligibility, and expectations for employees appointed to regular full-time and part-time positions. Updated the criteria, duration, and use of temporary appointments to address shortterm operational needs. Why To ensure employees understand their employment status and associated benefits and expectations. To provide departments with flexibility in meeting temporary staffing demands while maintaining consistency. 8 Policy Interim and Acting Appointments Limited-Term Appointments Type of Change What Changed Clarified the circumstances under which employees may be assigned interim or acting Addition/Revision responsibilities, including appointment authority and compensation considerations. Added guidance defining limited-term appointments, Addition including duration and employment expectations. Emergency Appointments Addition ReEmployment (Break in Service) Revision Why To establish a consistent process for temporary leadership assignments and ensure continuity of operations. To provide flexibility for grant-funded, projectbased, seasonal, or timelimited positions. To ensure the City can Established procedures for respond quickly to emergency appointments during critical operational needs unforeseen staffing shortages or while maintaining emergency situations. appropriate hiring practices. Clarified eligibility and To promote consistency employment considerations for in rehiring practices and individuals returning to City clearly define employment following a break employment status upon in service. reemployment. Key Enhancements • • • • • Standardized employment appointment classifications. Clarified employment status definitions and expectations. Established guidance for interim, acting, emergency, and limited-term appointments. Improved flexibility to address operational staffing needs. Enhanced consistency in appointment and reemployment decisions. Chapter 6 – Compensation and Performance • Overview: Chapter 6 was substantially revised to strengthen the City's compensation and performance management practices by clarifying pay administration, work schedules, timekeeping, performance evaluations, and compensation-related procedures. The revisions promote consistency, accountability, compliance, and transparency in the administration of employee compensation and performance. 9 Policy Type of Change Overtime Revision Meal Break Periods Revision Work Schedules and Hours of Revision Work Alternative Work Addition Arrangements Performance Management Revision Compensation Administration Revision Compensation Adjustments Revision Recording Your Time Revision Pay Procedures Revision What Changed Why Updated overtime eligibility, approval requirements, and To ensure legal compliance compensation procedures in and consistent accordance with applicable wage and administration of overtime. hour laws. To establish consistent Clarified employee meal break workplace practices and eligibility, scheduling expectations, ensure compliance with and supervisor responsibilities. labor regulations. To provide operational Updated standard work schedules, consistency while allowing attendance expectations, and departments to meet departmental scheduling flexibility. service delivery needs. Added guidelines for alternative To support operational work arrangements, including flexibility while eligibility, approval, performance maintaining accountability expectations, and management and productivity. oversight. Modernized the performance To promote employee management process by clarifying development, improve evaluation procedures, performance accountability, and support expectations, documentation consistent performance requirements, and supervisor evaluations. responsibilities. Updated compensation To ensure equitable and administration practices, including consistent compensation salary structure, pay decisions, and practices across the administrative responsibilities. organization. Clarified procedures for salary adjustments, promotions, To provide transparency reclassifications, market adjustments, and consistency in and other compensation-related compensation decisions. actions. Updated employee timekeeping To improve payroll responsibilities and supervisor accuracy, accountability, approval requirements for hours and compliance with wage worked and leave reporting. and hour requirements. Clarified payroll processing, pay To improve payroll periods, direct deposit, payroll administration and provide corrections, and employee employees with a better responsibilities. 10 Policy Type of Change What Changed Why understanding of payroll procedures. Special Compensation Updated guidance regarding additional compensation, including Revision acting pay, specialty pay, certifications, and other approved compensation programs. To standardize special compensation practices and ensure equitable administration. Payroll Deductions Clarified mandatory and voluntary Revision payroll deductions and employee authorization requirements. To improve transparency and ensure compliance with applicable payroll laws and regulations. Key Enhancements • • • • • • • Modernized compensation administration practices. Strengthened performance management and evaluation processes. Added guidance for alternative work arrangements. Clarified payroll administration and employee timekeeping responsibilities. Improved consistency in salary administration and compensation adjustments. Enhanced supervisor accountability for performance documentation and payroll approvals. Increased compliance with wage and hour regulations. Chapter 7 – Employee Expectations Overview: Chapter 7 was revised to strengthen employee accountability by clarifying standards of conduct, disciplinary procedures, workplace expectations, and employee rights. The revisions promote professionalism, ethical conduct, consistency in corrective action, and a respectful work environment while providing supervisors with clearer guidance for addressing workplace issues. Policy Type of Change What Changed Clarified employee privacy expectations and the City's Employee responsibility for protecting Revision Privacy Policy personnel information while recognizing the City's operational needs. Search and Inspection of City Property Why To establish appropriate expectations regarding privacy in the workplace and ensure compliance with applicable laws. To protect City assets, maintain Updated the City's authority to workplace security, and Revision inspect City-owned property, reinforce appropriate employee workspaces, equipment, electronic expectations. 11 Policy Type of Change Standards of Conduct Revision Corrective Action and Discipline Revision Progressive Discipline Procedures Revision Disciplinary Appeal Procedure Revision Bulletin Boards / Solicitation & Revision Distribution What Changed Why devices, and other City resources when appropriate. Expanded and clarified To establish clear behavioral expectations for professional expectations and promote a behavior, ethics, attendance, professional, respectful workplace conduct, and employee workplace culture. responsibilities. Updated corrective action To promote consistency, procedures, clarified disciplinary fairness, and accountability options, and reinforced while allowing supervisors management discretion when flexibility in addressing addressing employee misconduct workplace issues. or performance concerns. To provide supervisors with a Clarified the progressive consistent framework for discipline process, documentation addressing misconduct while expectations, and circumstances recognizing that certain where progressive discipline may situations may warrant not be appropriate. immediate disciplinary action. Updated the process for To ensure employees have a fair employees to appeal disciplinary and consistent process for actions and clarified applicable requesting review of timelines and responsibilities. disciplinary decisions. Clarified employee expectations To maintain an orderly regarding workplace postings, workplace while ensuring solicitation activities, and consistent application of City distribution of materials on City policies. property. Key Enhancements • • • • • • • Strengthened employee accountability and workplace expectations. Clarified disciplinary procedures and management discretion. Improved consistency in corrective action and documentation. Expanded guidance regarding professional conduct and ethics. Clarified employee privacy expectations. Strengthened workplace security through updated inspection procedures. Improved transparency regarding disciplinary appeals. 12 Chapter 8 – Employee Benefits Overview: Chapter 8 was revised to clarify the City's employee benefits programs, improve consistency in benefit administration, and provide employees with a better understanding of available programs and eligibility requirements. The revisions also introduce incentives that support employee development and recruitment. Policy Type of Change What Changed Why Updated the overview of To improve employee employee benefit programs, understanding of available Employee clarified eligibility requirements, Revision benefits and ensure consistent Benefits enrollment information, and the administration of benefit administration of benefits programs. available to eligible employees. Added eligibility requirements, To encourage professional Tuition reimbursement procedures, development, support Reimbursement Addition approval processes, and employee employee growth, and Program obligations for educational establish consistent program assistance. administration. To strengthen recruitment Added an Employee Referral efforts by encouraging Employee Incentive Program outlining employees to refer qualified Referral Incentive Addition eligibility, referral requirements, candidates while supporting Program incentive payments, and program workforce growth and administration. retention. Key Enhancements • • • • • Clarified employee benefit eligibility and administration. Strengthened guidance regarding educational assistance. Introduced an Employee Referral Incentive Program to support recruitment efforts. Improved transparency regarding benefit programs and employee participation. Enhanced opportunities for employee development and engagement. Chapter 9 – Types of Leave Overview: Chapter 9 was comprehensively revised to modernize the City's leave administration policies, clarify employee eligibility and responsibilities, and promote consistency in the administration of paid and protected leave. The revisions improve compliance with federal and state laws while providing employees and supervisors with clearer guidance regarding leave benefits and procedures. 13 Policy Type of Change Holidays Revision Leave and Attendance Administration Revision Accrual of Annual Leave Revision Carry Over of Annual Leave Revision Prior Accrued Leave Revision Annual Leave Pay Out Revision Jury, Civil, and Voting Leave Revision Bereavement Leave Revision Military Leave Revision What Changed Why Updated the City's recognized holiday To ensure consistency in schedule and clarified holiday administration and holiday eligibility, pay employee understanding of practices, and holiday holiday benefits. observance procedures. Clarified employee and supervisor responsibilities To improve consistency, regarding attendance, leave accountability, and effective requests, approvals, management of employee documentation, and leave leave. administration. Increased annual leave To provide a clear, equitable, accrual schedules, and consistent approach to eligibility requirements, annual leave benefits. and accrual methodology. Clarified annual leave To ensure consistent carryover limits and administration of leave procedures for unused balances and support leave balances. workforce planning. Updated provisions To provide clarity regarding addressing previously existing leave balances and accrued leave balances and policy implementation. transition requirements. Clarified eligibility and To ensure equitable procedures for payment of administration of leave unused annual leave upon payouts and reduce separation from misunderstandings. employment. Updated employee To support employees' civic eligibility and procedures responsibilities while for jury duty, court maintaining operational appearances, and voting consistency. leave. Clarified eligibility, To provide compassionate approved relationships, support while ensuring and leave administration consistent application of the procedures. policy. Updated military leave To maintain compliance with provisions to reflect USERRA and support applicable federal and state employees serving in the laws governing military military. 14 Policy Type of Change What Changed Why service and reemployment rights. Clarified sick leave To promote consistent eligibility, accrual, usage, administration of sick leave Sick Leave Revision documentation while supporting employee requirements, and wellness. supervisor responsibilities. Added eligibility To provide employees with requirements, participation additional flexibility in Paid Time Off Addition/Revision guidelines, and procedures managing accrued leave (PTO) Sell-Back for the PTO Sell-Back while maintaining fiscal Program. responsibility. Updated FMLA eligibility, To ensure compliance with qualifying events, federal law and provide Family and employee rights, employer employees with a Medical Leave Revision responsibilities, comprehensive Act (FMLA) certification requirements, understanding of FMLA and leave administration benefits and responsibilities. procedures. Clarified eligibility, donation procedures, To establish a fair and approval requirements, and consistent process for Donated Leave Revision program administration for employees experiencing the Donated Leave qualifying hardships. Program. Key Enhancements • • • • • • • Modernized leave administration practices. Clarified annual and sick leave accrual and usage. Strengthened attendance and leave approval procedures. Updated FMLA provisions to reflect current legal requirements. Improved consistency in military, bereavement, jury, and civic leave administration. Expanded guidance regarding PTO Sell-Back and Donated Leave. Enhanced employee understanding of leave benefits and supervisor responsibilities. Chapter 10 – Separations Overview: Chapter 10 was revised to clarify the City's separation procedures, establish consistent expectations for employees leaving employment, protect City assets, and ensure orderly transitions. The revisions provide greater guidance regarding resignation, separation, exit responsibilities, and employment records while supporting operational continuity and compliance. 15 Policy Type of Change Types of Separation Revision Exit Procedures and Return of City Property Revision Voluntary Resignation Revision Job References Revision Job Abandonment Revision and Presumptive Resignation What Changed Why Updated and clarified the various To establish consistent types of employment separation, separation practices and including voluntary resignation, improve employee retirement, dismissal, reduction in understanding of separation force, and other separation actions. classifications. Clarified employee responsibilities To protect City assets, for completing the separation safeguard confidential process, participating in exit information, and promote a procedures, and returning Citysmooth transition at the end issued equipment, records, of employment. identification, and other property. To encourage orderly Updated resignation procedures, workforce transitions and notice expectations, and supervisor provide departments with responsibilities related to employee adequate time to plan for resignations. staffing changes. Clarified the City's policy To ensure consistency, regarding employment verification accuracy, and compliance and the release of employment when responding to information to outside employment reference organizations. requests. Clarified the circumstances under To provide consistent which an employee may be administration of attendanceconsidered to have abandoned their related separations while position and established procedures protecting the City's for documenting and processing operational interests and presumptive resignations. ensuring due process. Key Enhancements • • • • • • Clarified separation classifications and procedures. Strengthened exit process expectations and accountability. Improved procedures for returning City property and protecting confidential information. Standardized resignation and employment verification practices. Clarified the administration of job abandonment and presumptive resignation. Improved consistency in offboarding procedures across departments. 16 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Building a Community of Professionalism, Excellence, Adaptability, Communication, and Ethics Prepared For: City of Stockbridge Employees Prepared By: Human Resources Department Effective Date: 00/00/0000 Updated Date: 00/00/0000 Welcome Welcome to the City of Stockbridge Employee Policy Manual. This manual serves as a guide to the policies, procedures, expectations, and values that support our commitment to serving the community with excellence. The City of Stockbridge is dedicated to fostering a professional, respectful, and collaborative workplace where employees are empowered to grow, lead, and make a positive impact. This manual is designed to provide employees with important information regarding employment practices, workplace expectations, benefits, conduct, and organizational policies. CITY OF STOCKBRIDGE Human Resources Department 4640 North Henry Boulevard Stockbridge, Georgia 30281 Phone: 770-389-7900 1 Welcome to the City of Stockbridge Welcome to the City of Stockbridge team. We are pleased that you have chosen to join an organization dedicated to serving our community with professionalism, integrity, accountability, and excellence. Our employees are our most valuable asset, and the services we provide each day contribute directly to the quality of life for our residents, businesses, and visitors. This Employee Handbook has been designed to provide you with important information regarding employment policies, benefits, workplace expectations, and available resources. While no handbook can address every situation, it serves as a guide to help you understand your role and responsibilities as a member of the City of Stockbridge team. We encourage you to familiarize yourself with the contents of this handbook and refer to it whenever questions arise. Your supervisor and the Human Resources Department are available to provide guidance and support throughout your employment. At the City of Stockbridge, we believe that success is built through collaboration, respect, innovation, and a commitment to public service. We are excited to have you as part of our team and look forward to the contributions you will make to our organization and community. Thank you for choosing to serve the City of Stockbridge. We wish you success in your career and welcome you to our team. Together, we are building a stronger Stockbridge. City of Stockbridge www.stockbridgega.org/departments/human-resources 2 Table of Contents Building a Community of Professionalism, Excellence, Adaptability, Communication, and Ethics .............................1 Welcome ..................................................................................................................................................1 CITY OF STOCKBRIDGE ................................................................................................................................................................1 THE CITY OF STOCKBRIDGE .......................................................................................................................7 THE CITY OF STOCKBRIDGE ....................................................................................................................8 Chapter 1: Equal Opportunity Employment ...............................................................................................9 Equal Employment Opportunity Policy ..................................................................................................9 Prohibited Conduct .............................................................................................................................10 Americans with Disabilities Act ...........................................................................................................12 Employment Eligibility Verification......................................................................................................13 Chapter 2: Complaint Procedures ............................................................................................................14 Complaint Procedure ..........................................................................................................................14 Review of Complaint ...........................................................................................................................16 Intentionally False Claims ....................................................................................................................17 Chapter 3: Recruitment and Selection .....................................................................................................18 Filling Vacant Positions........................................................................................................................18 Recruitment for Vacant Positions ........................................................................................................19 Employment Applications ...................................................................................................................20 Disqualification ...................................................................................................................................21 Selection .............................................................................................................................................22 Starting Salary Placement....................................................................................................................23 New Employee Orientation and Onboarding .......................................................................................24 Position Reclassification ......................................................................................................................25 3 Promotion ...........................................................................................................................................26 Transfers .............................................................................................................................................27 Demotion ............................................................................................................................................28 Appointment of Positions and Department Heads...............................................................................29 Employment of Relatives.....................................................................................................................30 Approved Exceptions from Vacancy Announcements ..........................................................................31 Chapter 4: Employment Policies and Procedures .....................................................................................32 Employee Policy Manual Administration and Amendments.................................................................32 At-Will Policy ......................................................................................................................................33 Introduction Period .............................................................................................................................34 Reduction in Force ..............................................................................................................................35 Fraternization Policy ...........................................................................................................................37 Workplace Violence Policy ..................................................................................................................38 Tobacco and Smoke-Free Workplace ...................................................................................................43 Drug-Free and Alcohol-Free Workplace ...............................................................................................44 Use of Technology Resources ..............................................................................................................47 Use of Personal Mobile Devices...........................................................................................................51 Social Media Policy..............................................................................................................................52 Political Activity ..................................................................................................................................54 Inclement Weather and Emergency Circumstances .............................................................................55 Safe Driving Policy ...............................................................................................................................57 Emergency Procedures Policy ..............................................................................................................60 Outside Employment...........................................................................................................................62 Confidential Information .....................................................................................................................63 Gifts, Gratuities and Community Benefit Programs .............................................................................64 Use and Return of City Property ..........................................................................................................65 Dress Code and Personal Appearance..................................................................................................66 Non-Interference with Administration ................................................................................................68 Children at Work .................................................................................................................................69 Infectious Disease and Communicable Illness Policy ............................................................................70 Background and Driving Record Reviews .............................................................................................71 Chapter 5: Types of Appointments ..........................................................................................................73 4 Regular Appointments ........................................................................................................................73 Temporary Appointments ...................................................................................................................74 Interim and Acting Appointments .......................................................................................................75 Limited Term Appointments ................................................................................................................76 Emergency Appointments ...................................................................................................................77 Re-Employment (Break in Service).......................................................................................................78 Chapter 6: Compensation and Performance ............................................................................................79 Overtime .............................................................................................................................................79 Meal Break Periods .............................................................................................................................80 Work Schedules and Hours of Work ....................................................................................................81 Alternative Work Arrangements..........................................................................................................82 Performance Management..................................................................................................................86 Compensation Administration .............................................................................................................88 Compensation Adjustments ................................................................................................................89 Recording Your Time ...........................................................................................................................90 Pay Procedures ...................................................................................................................................91 Special Compensation .........................................................................................................................92 Payroll Deductions ..............................................................................................................................95 Chapter 7: Employee Expectations ..........................................................................................................96 Employee Privacy Policy ......................................................................................................................96 Search and Inspection of City Property ................................................................................................97 Standard of Conduct ...........................................................................................................................98 Corrective Action and Discipline ........................................................................................................100 Progressive Discipline Procedures .....................................................................................................101 Disciplinary Appeal Procedure ...........................................................................................................102 Bulletin Boards / Solicitation & Distribution ......................................................................................103 Chapter 8: Employee Benefits ...............................................................................................................104 Employee Benefits.............................................................................................................................104 Tuition Reimbursement Program.......................................................................................................106 Employee Referral Incentive Program ...............................................................................................109 Chapter 9: Types of Leave .....................................................................................................................111 Holidays ............................................................................................................................................111 5 Leave and Attendance Administration ...............................................................................................113 Accrual of Annual Leave ....................................................................................................................115 Carry Over of Annual Leave ...............................................................................................................117 Prior Accrued Leave...........................................................................................................................118 Annual Leave Pay Out .......................................................................................................................119 Jury, Civil and Election Leave .............................................................................................................120 Bereavement Leave ...........................................................................................................................121 Military Leave ...................................................................................................................................122 Sick Leave ..........................................................................................................................................124 Paid Time Off (PTO) Sell-Back ............................................................................................................127 Family and Medical Leave Act (FMLA) ...............................................................................................129 Donated Leave ..................................................................................................................................132 Chapter 10: Separations........................................................................................................................135 Types of Separation ...........................................................................................................................135 Exit Procedures and Return of City Property ......................................................................................137 Voluntary Resignation .......................................................................................................................138 Job References ..................................................................................................................................139 Job Abandonment and Presumptive Resignation ...............................................................................140 DEFINITIONS .........................................................................................................................................141 EMPLOYEE POLICY MANUAL REVISION HISTORY ...................................................................................143 EMPLOYEE POLICY MANUAL ACKNOWLEDGMENT ................................................................................144 Electronic Acknowledgment ...................................................................................................................................................144 6 THE CITY OF STOCKBRIDGE Statement of Philosophy and Mission Statement of Our Vision To be the most progressive business and family-oriented community in Metro Atlanta with a focus on enhanced Quality of Life initiatives which promote a sustainable “Live, Work, Play” environment. Statement of Our Mission To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events. Statement of Our Values • • • • • Professionalism Excellence Adaptability Communications Ethics “We will act in a way that promotes peace and unity.” 7 THE CITY OF STOCKBRIDGE Purpose of the Manual This manual is designed as an advisory guide to assist the City and its supervisors with the effective management of employees. The guidelines contained in this manual are not binding on the City and may be changed, interpreted, modified, revoked, suspended, terminated, or added to by the City, in whole or in part, at any time, at the City’s sole option, and without prior notice to employees. This Manual is not meant to address every conceivable situation or issue that may arise in the workplace or to create specific policy to be applied in every instance. Instead, this manual is intended only to give supervisors general advice concerning employee decisions. Of course, this manual and any practice or policy of the City will be applied consistent with all applicable laws and regulations. This manual revokes, replaces, and supersedes any prior manuals, policies, or procedures previously in place and makes ineffective any verbal or written representations contrary to this manual, unless expressly approved by the City Council. Nothing in this manual is intended to, nor shall it be construed to create a contract of employment of any kind or a property right or entitlement to employment, continued employment, or any specific terms or conditions of employment. Nothing in this Manual is intended to provide any assurance of continued employment. The only exception to this policy is a written employment agreement approved at the discretion of the City Council. Otherwise, all employment with the City is at will and for no specific period of time and may be terminated at any time and for any reason or no reason at all, with or without advance notice. 8 Chapter 1: Equal Opportunity Employment CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Equal Employment Opportunity Policy Policy Number: 101.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Equal Employment Opportunity Policy The City is committed to maintaining a workplace that is free of inappropriate or unlawful conduct on the basis of race, color, religion, sex, gender, national origin, age, disability, veteran status, genetic information, or other protected status as provided by law. In keeping with this commitment, the City prohibits the unlawful treatment of employees, including harassment, discrimination, and retaliation, by anyone, including any supervisor, coworker, contractor, subcontractor, vendor, or citizen of the City. It is the City’s policy to comply with all applicable federal, state, and local law. 9 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Prohibited Conduct Policy Number: 101.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Prohibited Conduct Purpose The City of Stockbridge is committed to providing a workplace free from unlawful harassment, discrimination, and retaliation. Any form of harassment or discrimination based on race, color, religion, sex, pregnancy, childbirth, or related medical conditions, national origin, age, disability, genetic information, veteran status, or any other protected characteristic under applicable federal, state, or local law is strictly prohibited. Harassment may include, but is not limited to, offensive verbal or physical conduct, jokes, slurs, epithets, threats, intimidation, derogatory comments, unwanted advances, inappropriate displays, or any other conduct that creates an intimidating, hostile, or offensive work environment or interferes with an individual's work performance. Examples of unacceptable behavior may include, but are not limited to: • • • • • • Offensive comments, jokes, or remarks regarding an individual's protected status; • Retaliation against an individual for reporting or participating in an investigation of a complaint. Unwelcome physical contact or advances; Displaying or distributing offensive materials, images, or messages; Verbal abuse, threats, ridicule, or intimidation; Repeated conduct that creates a hostile, intimidating, or offensive work environment; Harassment through electronic communications, social media, text messages, voicemail, or other technology platforms; Reporting Procedures Employees who believe they have experienced or witnessed harassment, discrimination, or retaliation should report the matter immediately to their supervisor, department director, Human Resources, or any member of management. Employees are not required to report concerns to a supervisor if the supervisor is involved in the alleged conduct. All complaints will be taken seriously and investigated promptly, thoroughly, and impartially to the extent possible. Employees are expected to cooperate fully in any investigation. Confidentiality The City will make reasonable efforts to maintain confidentiality throughout the investigation process. Information will be shared only with those who have a legitimate business need to know in order to investigate and resolve the matter. 10 Non-Retaliation Retaliation against any employee who reports a concern, files a complaint, participates in an investigation, or otherwise exercises rights protected by law is strictly prohibited. Any employee found to have engaged in retaliation will be subject to disciplinary action, up to and including termination of employment. Corrective Action Any employee who violates this policy will be subject to appropriate corrective or disciplinary action, up to and including termination of employment. The City will take prompt and appropriate action to address violations and prevent future occurrences. Policy Administration Questions regarding this policy should be directed to the Human Resources Department. The City of Stockbridge reserves the right to interpret, modify, amend, or discontinue this policy at any time, subject to applicable law. 11 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Americans with Disabilities Act Policy Number: 101.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Americans with Disabilities Act It is the City’s policy to provide equal employment opportunity to applicants and employees with covered disabilities under the Americans with Disabilities Act (“ADA”) or other applicable law. This policy applies to all aspects of employment and application for employment. As required by the ADA or other applicable law, the City will provide reasonable accommodations to qualified individuals with a disability in the workplace unless such accommodations present an undue hardship or if the individual is a direct threat to the health or safety of the individual or others. An individual with a disability may request a reasonable accommodation at any time during the application process or during employment. Reasonable accommodations are changes made to the work environment or to the manner or circumstances in which the job customarily is performed that allow an individual with a disability to perform all essential job functions. The City is not required, however, to provide an accommodation if doing so would cause an undue hardship to the City or if the individual is a direct threat to the health or safety of the individual or others in the workplace. All requests for accommodation will be addressed in connection with an interactive dialogue with the affected individual. To request an accommodation, which may include unpaid leave or modification of your working environment, an individual should complete an Accommodation Request Form (which is available in the City Clerk’s office) and return it to the Human Resources Director. Upon receiving a request for accommodation, the City will seek an interactive process with the individual to clarify his or her needs and identify the appropriate reasonable accommodation. During this process, the City may request reasonable documentation, including medical documentation, of the individual’s disability and the need for a reasonable accommodation. Failure to provide required medical information or to otherwise participate in a meaningful way in the interactive dialogue process regarding an accommodation request may result in denial of an accommodation. Because of the personal nature of some disability issues, the City will make every reasonable effort to ensure confidentiality during the review process. Individuals will be notified of the City’s decision regarding their request for an accommodation. Any individual believing that a reasonable accommodation has not been provided should follow the City’s Complaint Procedure set forth in this Chapter. 12 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Employment Eligibility Verification Policy Number: 101.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Employment Eligibility Verification Purpose The City of Stockbridge complies with all applicable federal and state laws regarding employment eligibility verification. As a condition of employment, all newly hired employees must provide documentation establishing their identity and authorization to work in the United States. I-9 Employment Verification Federal law requires all employers to verify the identity and employment eligibility of each employee hired after November 6, 1986. Employees must complete Section 1 of the Employment Eligibility Verification Form (Form I-9) on or before their first day of employment and provide acceptable documentation as required by federal law. E-Verify The City of Stockbridge participates in the federal E-Verify program. E-Verify is an internet-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration that electronically confirms employment eligibility by comparing information provided on an employee's Form I-9 with government records. Compliance Failure to provide required documentation or successfully complete the employment eligibility verification process may affect an individual's eligibility for employment with the City. The City will maintain all employment verification records in accordance with applicable laws and regulations. Notices regarding E-Verify participation and employee rights are posted in accordance with federal and state requirements. 13 Chapter 2: Complaint Procedures CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Complaint Procedure Policy Number: 102.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Complaint Procedure The City is committed to maintaining a workplace free from unlawful conduct, policy violations, unethical behavior, retaliation, discrimination, harassment, and other inappropriate conduct. Employees are encouraged to promptly report concerns so they may be appropriately reviewed and addressed. Employees who believe they have experienced, witnessed, or become aware of: • • • • • • • • Harassment or discrimination; • • Any other unlawful, unethical, inappropriate, or concerning conduct; Retaliation; Improper denial of a request for accommodation; Improper denial of leave rights under applicable law; Violations of City policies, procedures, or ethical standards; Wage and hour violations; Abuse of authority; Misconduct by employees, supervisors, managers, Department Directors, appointed officials, elected officials, contractors, vendors, or other individuals conducting business with the City; or should promptly report the matter to Human Resources, preferably in writing. Employees are specifically authorized to bypass their chain of command when making a complaint and may report concerns directly to Human Resources without first notifying their supervisor. Alternative Reporting Channels If the complaint involves the employee's supervisor, Department Director, or another management official, the employee may report the concern directly to the Human Resources Director. If the complaint involves the Human Resources Director, the complaint may be reported directly to the City Manager. If the complaint involves the City Manager, the complaint may be reported directly to the Mayor. If the complaint involves an elected official, appointed official, or circumstances in which the employee reasonably believes normal reporting channels present a conflict of interest, the complaint may be submitted directly to the Mayor, City Council, City Attorney, or another authority designated by the City to receive and investigate such complaints. 14 The City will review complaints as promptly and confidentially as practicable and will take appropriate corrective action when warranted. Protection Against Retaliation Retaliation against any employee who in good faith reports a concern, participates in an investigation, provides information, or otherwise exercises rights under this policy is strictly prohibited. Any employee found to have engaged in retaliation may be subject to disciplinary action, up to and including termination. Nothing in this policy prevents an employee from reporting concerns to an appropriate government agency or exercising rights protected by federal or state law. 15 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Review of Complaint Policy Number: 102.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Review of Complaint The City will undertake an objective and appropriate review of any complaint and expects all employees to fully cooperate with internal investigations that may be conducted by the City. To the extent practicable and appropriate, the City will keep any complaint and the terms of its resolution confidential. The City will take corrective action as deemed appropriate, including such discipline up to and including termination of employment. The City will undertake corrective action to stop inappropriate conduct before it rises to the level of an unlawful action. You will be notified about the outcome of your complaint. If you have any questions about the status of your complaint at any time, you should contact the Human Resources Director at the telephone number and address below. Human Resources Department 4640 North Henry Boulevard Stockbridge, Georgia 30281 Phone: 770-389-7900 Each employee also should be aware that he or she has the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or other state agency as provided by law. According to the EEOC, the deadline for filing any such charge runs from the last date of unlawful conduct, not from the date that the complaint is resolved. 16 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Intentionally False Claims Policy Number: 102.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Intentionally False Claims The City recognizes that intentional or malicious false accusations of misconduct can have a serious effect on innocent people. Individuals making such false accusations of misconduct will be disciplined in accordance with the nature and extent of his or her false accusation. The City encourages any employee to raise questions he or she may have regarding misconduct or this Policy with the Human Resources Director. 17 Chapter 3: Recruitment and Selection CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Filling Vacant Positions Policy Number: 103.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Filling Vacant Positions Department Heads are responsible for notifying the Human Resources Director of vacant or soon-to-bevacant positions in their department by submitting a Personnel Action Form. The notification should include the class, title, and salary range. The Human Resources Director should then post a vacancy announcement at City Hall and on the City’s official website. All vacancy announcements should be posted for a minimum of three (3) business days. Employees interested in applying for a posted position must complete an application and submit it along with a current resume to the Human Resources Director by the specified deadline. Employees may be considered for an interview only after their personnel file has been reviewed and is considered satisfactory, and after it is determined that they meet the minimum qualifications of the posted position. If the application deadline date has passed, but no hiring decision has been made, employees may still apply for the vacant position and may be considered for the position along with external applicants in the manner set forth herein. 18 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Recruitment for Vacant Positions Policy Number: 103.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Recruitment for Vacant Positions Except as provided for herein, to recruit for vacant positions, when necessary, the Human Resources Director should publicize such vacancies by posting vacancies on the City’s official website promptly so that interested candidates have an opportunity to apply. The Human Resources Director may also advertise the vacancies in the newspaper of record for the City and/or County, as well as on industry and Internet websites. However, vacancies do not have to be publicly advertised as described herein if internal applicants from within the City have already applied for the job, are qualified, and are recommended for the position by the applicable Department Head. 19 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Employment Applications Policy Number: 103.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Employment Applications All applications for employment with the City shall be submitted through the City's designated online recruitment portal and will only be accepted for advertised or otherwise authorized vacancies. Applicants shall provide all information requested through the application process, including education, training, experience, work history, and any other information necessary to evaluate qualifications for employment. Applications must be completed accurately and submitted by the established closing date and time, if applicable. Incomplete applications, false statements, misrepresentations, or omissions of material information may result in disqualification from consideration or dismissal from employment. If a position remains vacant due to an insufficient number of qualified applicants or applications, the City may extend the posting period or continue accepting applications as deemed appropriate. 20 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Disqualification Policy Number: 103.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Disqualification The City Manager, the Department Head, or the Human Resources Director may reject from further consideration any application or applicant in their discretion for reasons, including, but not limited to: A. The applicant does not meet the minimum qualifications established for the position. B. The applicant has not submitted a properly completed employment application form. C. The applicant failed to submit his or her application by the specified deadline. D. The applicant has made a false statement in the application or otherwise practices deception in his or her application. E. The applicant has an unsatisfactory employment history of such a nature as to demonstrate unsuitability for employment by the City or the position sought. F. After a conditional offer of employment has been made to applicants who failed to successfully pass a medical examination and/or drug test. G. The applicant is not eligible for employment in the United States. H. The applicant has used or attempted to use political pressure or bribery to secure an advantage in the examination or in employment. I. The applicant has previously been dismissed from a position in the City or other public service. J. The applicant has taken part in the compilation, administration, or correction of the examination for a position and is an examinee for that position. K. The applicant has directly or indirectly obtained information regarding an examination for a position and is an examinee for that position; L. The applicant for promotion has received less than a “satisfactory” performance appraisal within twelve months prior to the closing date for receipt of applications. M.The applicant is not believed to have the necessary skills, training, or experience required for the job, or is believed not to have a sufficient history of satisfactory job performance or conduct on the job. N. The applicant has otherwise violated the provisions of these rules or is barred from employment as otherwise outlined herein. O. The applicant does not receive employment references that satisfy the City Manager, Department Head, or the Human Resources Director; and P. The City Manager, Department Head, or Human Resources Director believes there are other candidates who are more qualified, more experienced, better suited, or preferable for the job. 21 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Selection Policy Number: 103.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Selection The City Manager, Department Head, Human Resources Director, or his or her designee will review all employment applications to determine whether applicants meet the qualifications for the position. Where appropriate, examinations or assessments may be used, which may be written, oral, computer-based, or a combination of these exercises. In all cases, any examination or assessment shall be job-related. Examination of employees may also consist of a review of educational experience necessary to perform the duties of the position or any other criteria deemed necessary to evaluate qualifications. The desired candidate will be selected from among the qualified applicants for the position. Thereafter, the applicant may receive a conditional job offer contingent upon the applicant successfully completing any other requirements, such as a medical examination and/or drug test, where required. Nothing in this Manual shall prevent the City from closing or suspending a vacancy notice and choosing not to fill a position in its discretion. 22 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Starting Salary Placement Policy Number: 103.6 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Starting Salary Placement The starting salary of a newly hired exempt or non-exempt employee shall be established at the minimum rate of the assigned pay grade. Exceptions may be approved when: A. A shortage of qualified applicants exists at the minimum rate of the pay grade. B. The applicant's qualifications, experience, education, certifications, or specialized skills exceed the minimum requirements of the position. C. The applicant does not fully meet the minimum qualifications of the position but demonstrates the ability to meet those requirements within a designated probationary period. In these circumstances, or when other extenuating factors warrant consideration, the Human Resources Director and City Manager may authorize a starting salary above the minimum rate of the assigned pay grade. Requests for salaries above the minimum rate must be supported by appropriate documentation demonstrating the business need and the candidate's qualifications. 23 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: New Employee Orientation and Onboarding Policy Number: 103.7 Effective Date: 00/00/0000 Revision Date: 00/00/0000 New Employee Orientation and Onboarding The City is committed to providing a structured onboarding process that supports employee success, promotes engagement, and ensures employees understand their responsibilities, performance expectations, and the policies governing their employment. All newly hired employees shall participate in the City's onboarding and orientation process as prescribed by the Human Resources Department. The onboarding process may include, but is not limited to: A. Completion of all required employment documentation; B. Review of employee benefits and enrollment materials; C. Review of workplace safety procedures and emergency protocols; D. Technology and system access training; E. Departmental orientation and job-specific training; F. Review of City policies, procedures, and workplace expectations; G. Introduction to the City's mission, values, organizational structure, and customer service standards; and H. Any additional training or orientation requirements established by Human Resources or the employee's department. As part of the onboarding process, employees shall be provided access to the Personnel Manual and shall acknowledge receipt and understanding of applicable City policies through the City's designated Human Resources Information System (HRIS) or other approved method. Employees shall also review and acknowledge receipt of their current job description, including the essential functions, qualifications, physical requirements, and performance expectations associated with their position. Supervisors are responsible for ensuring that employees receive appropriate onboarding, training, and performance expectations necessary to successfully perform their assigned duties. The Human Resources Department shall establish onboarding procedures, training requirements, and documentation standards necessary to administer this policy. 24 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Position Reclassification Policy Number: 103.8 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Position Reclassification The City conducts position reclassification reviews as part of the annual budget development process. Departments requesting a reclassification must submit a completed Reclassification Request Form and any supporting documentation by the deadlines established by Human Resources and the Finance Department. Reclassification requests shall be evaluated based on substantial and permanent changes in the duties, responsibilities, scope, complexity, or requirements of a position. Requests may also be considered when operational changes, service demands, organizational restructuring, or regulatory requirements significantly alter the nature of the work performed. The following factors, by themselves, shall not constitute justification for reclassification: A. Length of service or seniority; B. Employee performance; C. Volume of work without a corresponding change in the level or nature of responsibilities; or D. Recruitment or retention concerns. The Human Resources Department shall review all requests and make recommendations regarding the appropriate classification of positions. Final approval of reclassification requests shall be subject to budgetary considerations and approval by the City Manager. Reclassification requests will generally be considered only during the annual budget process. However, the Human Resources Director and City Manager may approve an exception when special circumstances exist, including but not limited to significant organizational changes, regulatory requirements, operational necessity, or situations where the reclassification will not result in a budgetary impact. 25 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Promotion Policy Number: 103.9 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Promotion A promotion occurs when an employee is appointed to a position assigned to a higher pay grade and involving greater responsibility, complexity, authority, or accountability. Employees selected for promotion must meet the minimum qualifications established for the position. Promoted employees shall serve a promotional probationary period in accordance with the City's probationary period policy. Upon promotion, an employee shall receive either: A. A five percent (5%) increase above the employee's current base salary; or B. The minimum salary of the new pay grade; whichever is greater. In no event shall the employee's salary exceed the maximum rate of the assigned pay grade unless otherwise authorized by the City Manager. The Human Resources Director shall review all promotional salary recommendations for compliance with the City's compensation plan and internal equity considerations. 26 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Transfers Policy Number: 103.10 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Transfers A transfer is the movement of an employee from one position to another position within the same pay grade. Transfers may occur within a department or between departments based on operational needs, employee development opportunities, or organizational requirements. A transfer does not normally result in a change in compensation. Employees transferred to a new position may be required to serve a probationary period if the Human Resources Director determines that the duties and responsibilities of the new position differ substantially from those of the employee's previous position. All transfers are subject to approval by the receiving department, the Human Resources Director, and the City Manager or designee. 27 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Demotion Policy Number: 103.11 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Demotion A demotion occurs when an employee is assigned to a position in a lower pay grade than the position previously held. Demotions may be voluntary or involuntary and may occur as a result of organizational restructuring, disciplinary action, inability to satisfactorily perform assigned duties, employee request, or other business necessity. An employee who is demoted shall receive a reduction in compensation commensurate with the pay grade assigned to the new position. The Human Resources Director shall recommend the employee's salary placement within the lower pay grade based on internal equity, qualifications, experience, and budgetary considerations. Final approval shall be granted by the City Manager. Employees who voluntarily request a demotion may be required to serve a probationary period in the new position. 28 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Appointment of Positions and Department Heads Policy Number: 103.12 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Appointment of Positions and Department Heads The City Manager shall employ all authorized budgeted positions of the City, provided that exceptions to the power of this employment are those offices and employees who, by City Charter, are appointed or selected by the Mayor or City Council. The mayor and/or City Council shall make all appointments to fill positions where so authorized by the City Charter. In addition, when the position of any Department Head appointed by the City is to be filled, or when the status of the current Department Head is changed by administrative action, the provisions of Georgia state law creating the City shall supersede the provisions of this chapter. They shall govern with regard to the special powers and authorities of the Mayor and City Council. 29 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Employment of Relatives Policy Number: 103.13 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Employment of Relatives It is the City’s policy not to employ relatives by blood or marriage within the same department. If a conflict of this policy occurs because of the marriage of two employees, one employee will be transferred in order to comply with this policy. If a transfer violates this policy, it may be denied. For purposes of this policy, relatives include an employee’s spouse, children, stepchildren, mother, father, mother-in-law, father-inlaw, brothers, and sisters. The definition is extended to any other person who is domiciled in the employee’s household and who is otherwise recognized by law as a dependent of the employee No person related to the mayor, or any member of the City Council, or any employee appointed by the Mayor or City Council shall be appointed or selected to any office, position, clerkship, or other position of employment or service with the City. In addition, the City Manager shall not approve the appointment to any supervisor’s work group of any person who is related to that supervisor, nor shall the appointment of any member of the immediate family of any Department Head be approved. No family member of any elected or appointed official of the City shall be hired into a position that violates the above policy for the duration of that elected or appointed official’s term of office. 30 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Approved Exceptions from Vacancy Announcements Policy Number: 103.14 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Approved Exceptions from Vacancy Announcements While it is anticipated that most job vacancies will meet the criteria for posting, there may be circumstances that do not warrant advertising certain positions. The following is a non- exhaustive listing of special staffing situations that may be exempted from the competitive job posting process: A. Appointed Positions (internal promotion). B. Reassignments or voluntary transfers at the same or lower pay grade level. C. Management-directed reassignments at the same or lower pay grade level. D. Reorganizations and reductions in force that require reassignment of affected staff to newly created or existing vacancies. E. Reclassifications of jobs that are currently encumbered result in a higher pay grade level. F. Internal promotions are similar to position upgrades and likewise “may” not require external job postings unless no qualified applicants apply; and G. Other reassignments are necessary to implement this Manual. 31 Chapter 4: Employment Policies and Procedures CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Employee Policy Manual Administration and Amendments Policy Number: 104.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Employee Policy Manual Administration and Amendments This Employee Policy Manual is intended to provide employees with information regarding the City's employment policies, procedures, benefits, workplace expectations, and personnel practices. The Manual is designed to promote consistency, fairness, accountability, and effective municipal operations. The City reserves the right to interpret, modify, amend, suspend, or discontinue any provision of this Employee Policy Manual at any time, with or without notice, as permitted by law. Nothing contained in this Manual shall be construed as creating a contract of employment or guaranteeing employment for any specific duration. The Human Resources Department shall periodically review this Employee Policy Manual and may recommend revisions as necessary to ensure compliance with federal and state laws, organizational needs, operational requirements, and human resources best practices. Amendments to this Employee Policy Manual shall become effective upon approval by the City Council, City Manager, or other authority designated by law or City policy. Employees are responsible for complying with all current policies and procedures, including any amendments issued after publication of this Manual. A record of substantive amendments and revisions shall be maintained in the Employee Policy Manual Revision History located at the conclusion of this Manual. 32 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: At-Will Policy Policy Number: 104.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 At-Will Policy Employment with the City is voluntary and at-will, meaning that the relationship between the City and all of its employees is subject to termination by the employee or the City at-will as defined in O.C.G.A. § 34-71, with or without cause, and with or without notice, at any time at the option of the City or the employee. Nothing in these policies should be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of any employee of the City. This policy of employment-at-will may not be modified by any officer or employee and shall not be modified in any publication or document. The only exception to this policy is a written employment agreement approved at the discretion of the City Council. This Manual is not intended to be and shall not be construed as creating a contract of employment of any kind. 33 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Introduction Period Policy Number: 104.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Introduction Period All new employees hired by the City shall serve an introductory period of three hundred sixty-five (365) days, or twelve (12) months from the date of employment. This introductory period is intended primarily to allow both the City and the employee to determine whether the employee can adequately perform the duties of the position and whether the position is a good fit for the employee. This policy also applies to employees who are promoted to a higher-level position or transferred to a different position, regardless of pay grade level. At the conclusion of the introductory period, the employee's performance shall be reviewed and a determination made regarding continued employment or the successful completion of the introductory period. If additional time is needed to evaluate an employee's performance, the Department Head may request an extension of the introductory period, subject to approval by the Human Resources Director and City Manager. 34 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Reduction in Force Policy Number: 104.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Reduction in Force A lay-off or reduction in force is an involuntary separation of an employee from employment with the City, which has been made necessary due to a shortage of funds or work, the elimination of the employee’s job position, changes in the duties or organization of the position or department, or for other reasons which are generally outside the employee’s control. When a reduction in force becomes necessary, the City Manager shall confer with other appropriate officials to ensure that the reduction is carried out appropriately and orderly. The following guidelines and procedures shall apply to any reduction in force: A. The City Manager, upon direction by the Mayor and City Council, will determine the number of positions to be affected in each department. B. The City Manager will prepare a list of all employee(s) within each department. The list should identify each employee’s name along with his or her date of hire with the City, current status (e.g., regular, probationary period, temporary, part-time, full-time, etc.), job title, and exempt/nonexempt status. C. The City Manager will provide each department’s list to the appropriate Department Head with instructions to select the required number of employees for layoff or reduction. Each Department Head will then review the list and any other information he or she deems relevant and identify the required number of employees for layoff or reduction. Such layoff or reduction decisions may be based on any and all factors deemed relevant to the Department Head, and may include, but are not limited to, the following: consideration of the value of employees to the City in terms of meeting operating requirements, the qualifications and performance of individuals, performance appraisal history, job criticality, any information contained in each employee’s personnel file, information and/or recommendations received from the City Manager or other sources, and length of employment with the City. D. Each Department Head will meet with the City Manager and provide him or her with the names of the employees selected for layoff and reduction and the reasons for their selection. The City Manager will review and evaluate the Department Head’s selections and reasons. The City Manager may accept, reject, or modify the selections recommended by the Department Head. All selections must be approved by the City Manager for layoff or reduction to occur. The City Manager’s decision may be based on all factors deemed relevant to the City Manager, including all the factors set forth above regarding the Department Head’s decision. E. Generally, non-regular status employees within a classification, and those in emergency and temporary positions, should be the first to be separated, unless circumstances require otherwise. F. If a regular status employee is scheduled to be separated and there is a vacancy in a lower classification, the employee will have the opportunity to apply for the vacancy and be considered to 35 demote into the lower classification if he or she is qualified to fill the position and is otherwise in good standing with the City. The determination of qualifications and good standing shall be made by the City Manager. G. The Mayor and City Council retain final authority over all reallocations, reorganizations, and reductions in force or other changes in human resource matters within the City. Any layoff or reduction in force shall be conducted in accordance with applicable federal and state law. 36 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Fraternization Policy Policy Number: 104.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Fraternization Policy The City prohibits dating or romantic relationships between a supervisor and a subordinate employee who reports either directly or indirectly to that supervisor. This prohibition applies to all employees regardless of whether the position is appointed or elected, and regardless of their marital status. In the event a supervisor and subordinate desire to date or enter into a romantic relationship, the supervisor should immediately notify the Human Resources Director so that the City may take appropriate steps to avoid any adverse impact in the workplace. This may include the transfer, reassignment, or resignation of one (or both) of the employees involved. The City may, at its discretion, also require any participants in a consensual romantic and/or sexual relationship to execute a Consensual Relationship Agreement. The City will address these situations as confidentially and discreetly as possible. When a violation of this policy is determined to have occurred, appropriate disciplinary action, up to and including discharge, will be taken. Please also see the City’s Policy on the Employment of Relatives. 37 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Workplace Violence Policy Policy Number: 104.6 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Workplace Violence Policy The City is committed to providing its employees a safe environment for working and conducting business. In this regard, the City will not tolerate any threats, threatening behavior, acts of violence, or any related disruptive conduct which interferes with or disrupts the City’s safe working environment. This prohibition applies to City employees, vendors, customers, and visitors, whether or not the conduct occurs on or off City property. Threats, threatening behavior, acts of violence, or related disruptive conduct includes conduct against persons or property that is sufficiently severe, offensive, or intimidating that it disturbs, interferes with, or prevents normal work functions or activities. Specific examples of conduct that may be considered “threats, threatening behavior, acts of violence, or any related disruptive conduct” include, but are not limited to, the following: A. Hitting or shoving an individual; B. Threatening to harm an individual or his or her family, friends, or associates, or their property; C. The intentional destruction or threat of destruction of property owned, operated, or controlled by the City; D. Harassing or threatening individuals through any form of written or electronic communications; E. Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the City; F. Harassing surveillance of another City employee and making a credible threat with intent to place the other person in reasonable fear of his or her safety; and G. Unlawful possession of firearms, weapons, or any other dangerous devices on City property, except as provided for by the Business Security and Employee Privacy Act, which, subject to several exceptions, allows employees who are licensed to carry concealed weapons to store firearms in their vehicles while on City property, as long as the firearm is properly concealed in a glove box, trunk, or other enclosed compartment within the vehicle. All employees are responsible for refraining from making threats; engaging in threatening behavior, acts of violence, or related disruptive conduct; and for seeking assistance to resolve personal issues that may lead to acts of violence in the workplace. If you feel that you have experienced or witnessed conduct that is prohibited under this policy, you are to follow the City’s Complaint Procedure set forth in this Manual. 38 Anti- Bullying and Workplace Violence The City of Stockbridge is committed to maintaining a workplace that is free of violence. Every employee should clearly understand what workplace violence means and their role in preventing it. Leadership recognizes the potential for violence in the workplace and will make every reasonable effort to identify all potential sources of such risk, for the purpose of eliminating or minimizing threats to the work environment by enforcing its workplace violence policy. The City of Stockbridge will not tolerate any type of violence, including bullying, harassment, and/or stalking, within the workplace during work-related activities or those activities that start on City property and are perpetuated away from City grounds. Applicability and Scope This policy applies to all COS employees, contractors, and visitors who encounter and/or witness the threat of violence, including bullying, harassment, and/or stalking. Workplace Violence includes, but is not limited to, the following behaviors: Threat (verbal or written): A communicated intent to inflict harm on any person or property by some malicious act, including the following: A direct threat is clear and explicit communication, distinctly indicating that the potential offender intends to do harm. Situational examples include statements such as, “I am going to make you pay for what you did to me.” A conditional threat includes actions such as taking an aggressive posture by standing over or blocking an entrance/exit to a door. Situational examples include statements such as, “If you don’t leave me alone you will regret it,” which leaves little to no doubt in the mind of the victim that the perpetrator intends to harm. Psychological Abuse: is defined as a behavior that potentially lowers self-esteem and/or self-efficacy, creating a perception of being targeted, threatened, or intimidated. Like other forms of abuse, psychological abuse is based on power and control. Situational examples include actions such as swearing, cussing, put-downs name-calling, labeling the victim in a derogatory manner, such as stupid, crazy, or irrational; involves acts of humiliation, extreme jealous behavior, attacking the victim’s self-esteem in other ways; it can also include damaging personal property. Workplace Bullying: is defined as aggressive behavior that is intentional and that involves an imbalance of power (whether actual or perceived). A person is bullied when he or she is exposed, repeatedly and over time, to negative actions on the part of one or more other persons, and he or she has difficulty defending themselves. 39 Workplace Harassment is defined as belittling, threatening, or any other hostile behavior directed at an individual worker, including a domestic or intimate partner, or any other covered person. Confidentiality To protect the privacy of all people involved, confidentiality will be exercised throughout the investigatory process to the greatest extent practicable. Since the City is subject to the Open Records Act and the Open Meetings Acts, absolute confidentiality cannot be assured. Complaint Reporting and Investigation Procedures: The City of Stockbridge Employees are responsible for notifying Human Resources of any threats which they have witnessed, received, or have been told that another person has witnessed or received, including those related to partner violence. Even without an actual threat, employees should also report any behavior they have witnessed which they regard as threatening or violent, when that behavior is jobrelated, might be carried out on a City-controlled site, or is connected to company employment. Employees are responsible for reporting such behavior regardless of the relationship between the individual who initiated the threat or threatening behavior and the person(s) being threatened or were the focus of the threatening behavior. If the designated representative is not available, employees should report the threat to their supervisor or another member of the management team. City of Stockbridge understands the sensitivity of the information requested and has developed confidentiality procedures, which recognize and respect the privacy of the reporting employee(s). Consistent with the values of the City of Stockbridge, people should act in ways that maintain respect and dignity for individuals, while acting in an accountable and swift manner to address the situation. Designated Human Resource Representative - All departments are responsible for notifying the Human Resources department of threats and/or incidents of workplace violence following immediate notification of their direct supervisor or department Human Resources Representative. Human Resources Department will act as the designated Human Resources Representative. Generally, department management will be responsible for ensuring notification is received by the Human Resources Department. However, a participant in and/or witness to a violence incident may contact Human Resources directly by phone, or in person: Complaint Procedure: The complaint will be reduced to a written statement, on an appropriate form, by the employee/complainant and presented to the department’s Human Resources Representative. An accurate record of objectionable behavior is necessary to resolve a complaint of bullying or workplace violence. A. The department’s Human Resources Representative will review the complaint to ensure that the issue is appropriate for the anti-bullying and workplace violence complaint process. If it is incomplete, the department’s Human Resources Representative will seek clarification. 40 B. The department’s Human Resources Representative will forward the complaint, on the appropriate form, to the City Attorney and/or Employment Attorney. C. An investigation of the complaint will be initiated by the Human Resources Department. D. Upon completion of the investigation, the City Attorney and/or Employment Attorney will receive a report of the investigation, with recommendations for appropriate resolution or corrective action, to the City Manager for review and any recommended changes. E. If the investigation report indicates that there is reasonable cause to believe that bullying or workplace violence has occurred, the department head shall initiate disciplinary actions as appropriate. The City of Stockbridge strictly prohibits the use of violence or threats of violence in the workplace and views such actions/behaviors very seriously. Therefore, possession of weapons in the workplace, threats, threatening or menacing behavior, stalking, or acts of violence against any employee, visitor, guest, or other individual(s) by anyone on City of Stockbridge property will not be tolerated. Violations of this policy will lead to disciplinary actions up to and including termination of employment and the involvement of appropriate law enforcement authorities as needed. Employees who engage in workplace violence behaviors are subject to disciplinary action, which could include a written warning, suspension, demotion, or dismissal. In addition, retaliation against someone for filing a bullying complaint is also unacceptable and could result in disciplinary actions including a written warning, suspension, demotion, or dismissal. When threatening behavior is exhibited, harassing behavior is exhibited, or acts of violence are committed, the City of Stockbridge will initiate an appropriate response. This response may include, but is not limited to, evaluation by the City Manager, suspension and/or termination of any business relationship, reassignment of job duties, suspension, or termination of employment. No existing City of Stockbridge policy, practice, or procedure shall supersede or prohibit decisions designed to prevent a threat from being carried out, violence from occurring, or a life- threatening situation from developing. Intimate Partner Violence and the Workplace The City of Stockbridge recognizes the impact of intimate partner violence in the workplace. Intimate partner violence is defined by the City of Stockbridge as abusive behavior occurring between two people in an intimate relationship. It may include physical violence, sexual, emotional, and psychological intimidation, verbal abuse, stalking, and economic control. The City of Stockbridge is committed to raising awareness of intimate partner violence as well as providing guidance for employees and management to address the occurrence of intimate partner violence and its effects on the workplace. The City of Stockbridge intends to make assistance available to employees experiencing intimate partner violence. This assistance may include confidential means of requesting help, resource and referral information, special considerations at the workplace for employee safety, work schedule adjustments, or leave 41 necessary to obtain medical, counseling, or legal assistance, workplace relocation (if available), and security involvement to ensure the threatening individual does not enter the premises. When responding to intimate partner violence, the City of Stockbridge will maintain appropriate confidentiality and respect for the rights of the parties involved. The City of Stockbridge intends to publish, maintain, and post in locations of high visibility a list of resources for survivors and perpetrators of intimate partner violence. Employee Training Requirements: Training will increase the understanding of prevention, mitigation, preparation, and response to active shooter threats. Safety training will increase awareness and assist employees in recognizing potential signs of an individual who may show the propensity for violent behavior that can lead to workplace violence or an active shooter event. To ensure the safety of all employees, annual safety training is a requirement for all City employees. Existing Employees: Are required to attend Occupational Safety & Health Training annually. This includes a training module dedicated to Workplace Violence with an emphasis on active shooter events and procedures. New/Extra Help/Temporary Employees: Employees who fall into the categories listed (new, extra help, and temporary) are required to attend Safety & Health training within their first 30 days of employment and will be retrained annually 42 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Tobacco and Smokefree Workplace Policy Number: 104.7 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Tobacco and Smoke-Free Workplace The use of tobacco products, electronic nicotine delivery systems (ENDS), vaping devices, and smokeless tobacco is prohibited while employees are on duty and in the following locations: A. In City-owned or leased buildings and facilities; B. In City-owned or leased vehicles and equipment; C. On City-owned or leased property; D. At City-sponsored events or activities; E. While wearing a City uniform, badge, logo, or other City-issued identification in public. For purposes of this policy, tobacco products include, but are not limited to, cigarettes, cigars, pipes, smokeless tobacco, snuff, chewing tobacco, and similar products. Electronic nicotine delivery systems include electronic cigarettes (e-cigarettes), vape pens, electronic cigars, electronic pipes, and other devices used to deliver nicotine or other inhaled substances. The use of nicotine replacement products approved by the U.S. Food and Drug Administration (FDA), including nicotine gum, patches, lozenges, or similar cessation aids, is permitted and is not prohibited by this policy. 43 CITY OF STOCKBRIDGE Policy Title: Drug and Alcohol-Free Workplace EMPLOYEE POLICY MANUAL Effective Date: 00/00/0000 Revision Date: 00/00/0000 Policy Number: 104.8 Drug-Free and Alcohol-Free Workplace The City is committed to maintaining a safe, healthy, and productive workplace. Employees are prohibited from reporting to work, remaining at work, or performing City business while impaired by alcohol, illegal drugs, controlled substances, or the misuse of prescription or over-the-counter medications. Employees shall not: A. Use, possess, manufacture, distribute, dispense, purchase, sell, or be under the influence of alcohol, illegal drugs, or controlled substances while on duty, conducting City business, operating City vehicles or equipment, or while on City property. B. Report to work or remain at work with a prohibited level of alcohol or controlled substances in their system. C. Misuse prescription or over-the-counter medications in a manner that impairs the safe and effective performance of assigned duties. D. Refuse to submit to a required drug or alcohol test. E. Tamper with, adulterate, substitute, or otherwise interfere with the testing process. Alcohol Concentration Levels Employees shall not perform work duties with a Breath Alcohol Concentration (BAC) of two hundredths (0.02) or greater. A confirmed BAC of two hundredths (0.02) or greater may result in removal from duty and disciplinary action. A confirmed BAC of four hundredths (0.04) or greater shall be considered a violation of this policy and may result in disciplinary action up to and including termination. Drug Test Name Amphetamine/Meth. Cannabinoids Cocaine Metabolite Opiates Phencyclidine Barbiturates Benzodiazepine Tolerance Level 1000 50 300 2000 25 200 200 nanograms/milliliter nanograms/milliliter nanograms/milliliter nanograms/milliliter nanograms/milliliter nanograms/milliliter nanograms/milliliter Prescription and Over-the-Counter Medications Employees taking prescription or over-the-counter medications that may impair their ability to safely perform their duties shall notify their supervisor or the Human Resources Director before reporting to work. Employees will not be required to disclose confidential medical information beyond what is necessary to determine fitness for duty and workplace safety. 44 Drug and Alcohol Testing The City reserves the right to require drug and alcohol testing in accordance with applicable laws and City procedures, including but not limited to: A. Pre-employment testing; B. Reasonable suspicion testing; C. Post-accident testing; D. Return-to-duty testing; E. Follow-up testing; and F. Random testing for employees in designated safety-sensitive positions. Notification of Arrests and Convictions Employees shall notify the Human Resources Director within five (5) calendar days of any arrest, citation, charge, conviction, plea of guilty, plea of nolo contendere, or other disposition involving: A. Illegal drugs or controlled substances; B. Driving under the influence (DUI), driving while intoxicated (DWI), or similar offenses; C. Any criminal offense that may affect the employee's ability to perform assigned duties, maintain required licenses or certifications, operate City vehicles or equipment, or otherwise impact employment with the City. Failure to provide the required notification may result in disciplinary action, up to and including termination. Violations Any employee who violates this policy may be subject to disciplinary action, up to and including termination of employment. The City reserves the right to remove an employee from duty whenever there is a reasonable belief that the employee's ability to safely or effectively perform assigned duties has been impaired. Employee Assistance The City will attempt to assist employees who voluntarily report substance abuse problems prior to a positive test in finding effective treatment. For more detailed information regarding providers of employee assistance, including drug and alcohol abuse, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems, any employee may contact the Human Resources Director. The City maintains a resource file of such providers, which will be available upon request to the Human Resources Director. Confidentiality All reports of test results for drug and alcohol, searches, or any employee referral, or participation in an assistance program will be treated as confidential. Any unlawful or unauthorized access to or disclosure of such information by an employee is prohibited and may subject the employee to disciplinary action, up to 45 and including termination of employment. The confidentiality of such information shall not apply to any use by or communication to the City Attorney, or where the information is relevant to the City’s defense in an administrative or legal action. Such information may also be disclosed to the extent required by any federal, state or local law, statute, ordinance, or regulation. 46 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Use of Technology Resources Policy Number: 104.9 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Use of Technology Resources Purpose and Application The City provides a variety of technology resources to its employees for purposes of its business operations and to help employees perform their jobs. While these technology resources are often necessary and helpful tools, they also pose risks and must be used with common sense and good judgment. As such, the City has developed this policy to establish guidelines for the use of its technological resources. For purposes of this policy, the City uses the term “technology resources” to refer generally to all of the City’s network and electronic resources, such as computers, software, networks, email systems, telephones and mobile phones, voicemail systems, fax machines, Internet access, etc. Business Use Only The use of the City’s technology resources is for City business and is to be used for authorized purposes only. The City’s technology resources are established, maintained, and provided by the City for employees to use for the performance of their job duties and the furtherance of the City’s business. As such, use of the City’s technological resources should be limited to business use only. The City recognizes, however, that some personal use by employees of its technological resources may be necessary at times. As such, employees may use the City’s technology resources for personal reasons, provided that such personal use is minimal, reasonable, and does not interfere with the performance of one’s job duties. The City has sole discretion to determine what constitutes reasonable personal use and whether personal use is interfering with the performance of one’s job duties. Ownership and Access to Technology Resources All of the City’s technology resources, as well as all data and files stored on or transmitted using the City’s technology resources, are the property of the City. This means that the City owns all data and files stored on or transmitted using any of the City’s technology resources, such as computers, network servers, or email servers. As such, the City retains the right to access, monitor, and inspect its technology resources and any of the data and files therein or transmitted thereon, at any time. This applies even with respect to data or information transmitted or received using any of the City’s technology resources, such as its networks or Internet connection, even if such is done using an employee’s personal device, such as a personal mobile phone, smartphone, or computer. This right applies both during an employee’s employment with the City and after its termination for any reason, voluntary or involuntary. 47 Employees should not have an expectation of privacy in anything they create, store, send, or receive on any of the City’s technology resources (including anything they create, send, or receive on a personal device using any of the City’s technology resources, such as its data networks or Internet connection). In this regard, employees are specifically advised that passwords on City devices are designed to give employees access to all or part of the City’s technology resources; they are not designed to guarantee employee privacy or security in any data or file created, stored, sent, or received on any of the City’s technology resources. Employees may not change passwords without prior express permission. Upon termination of employment, employees must return all passwords to the City. General Guidelines for Acceptable Use Employees are expected to access and use the City's technology resources in a professional manner and in compliance with this and all other City policies. Therefore, employees are prohibited from engaging in any unauthorized, prohibited, or inappropriate conduct using the City's technology resources including, but not limited to, the activities described below. This list is not intended to be an exhaustive description of all conduct that may be inappropriate or violate this policy, but is illustrative of the type of prohibited conduct for which employees may have their privileges of use and access to the City's technology resources revoked and be subjected to disciplinary action: A. Accessing any technology resources, including networks, servers, drives, folders, or files, to which the employee has not been granted access or authorization or in a manner that exceeds such employee's access or authorization (accessing any other person's computer, voicemail, files, or data without approval). B. Making unauthorized copies of the City's files or other data; C. Using any of the City’s files or other data for an unauthorized purpose, even if the employee was otherwise authorized to access such files or data. D. Revealing, publicizing, or otherwise disclosing any confidential information belonging to the City without authorization. E. Destroying, deleting, erasing, or concealing City files or other data, or otherwise making such files or data unavailable or inaccessible to the City or to other authorized users of the City's technology resources. F. Violating any law, regulation, or order of the United States or any state, county, City, local government, or jurisdiction in any way. G. Violating the terms of any user agreement, license agreement, or other type of contractual agreement of any software program, application, website, or other product or service; H. Illegally downloading, copying, transmitting, viewing, or accessing any material protected under copyright law or making such material available to others. I. Engaging in any other unlawful or malicious activities; J. Intentionally propagating any virus, worm, Trojan horse, trap-door program code, or other code or file designed to disrupt, disable, impair, or otherwise harm either the City's technology resources or those of any other individual or entity; K. Defeating or attempting to defeat security restrictions on any of the City's technology resources; L. Viewing or transmitting any material, or engaging in any conduct, that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, violates the City's Equal 48 Employment Opportunity Policy or other policies set forth in this Manual, or that is otherwise unlawful or inappropriate. The City has sole discretion to determine what constitutes inappropriate use or material under this policy. If you are unsure whether any use or material would be considered inappropriate, you should seek clarification from your supervisor before accessing or distributing such material. If you are in any doubt, do not access or distribute the material; M. Using abusive, profane, threatening, discriminatory, harassing, offensive, or otherwise objectionable language in either public or private messages; N. Sending, receiving, downloading, uploading, or otherwise accessing or viewing any pornographic materials; O. Causing congestion, disruption, disablement, alteration, or impairment of the City's technology resources; P. Installing any software without written authorization from the City Manager; and Q. Using any City technology resource for personal financial or political gain unrelated to one's employment with the City. Installation and Use of Software Employees, other than those employees and/or contractors responsible for Information Technology for the City, may not download or install any software, application, program, or update onto any City computer or technology resource without prior written authorization from the City Manager. Employees may not run any software on any City computer or technology resource that is not properly purchased, licensed, and installed by those employees and/or contractors responsible for Information Technology for the City. Employees may not share their credentials for accessing the City’s technology resources or that of its vendors, including logging on and running any software, with others and may not use anyone’s credentials other than their own for such purposes without the express written permission of the City Manager. Artificial Intelligence (AI) Tools The City recognizes that artificial intelligence (AI) and generative AI tools may provide efficiencies in research, drafting, data analysis, and administrative tasks. Employees may use approved AI tools only in accordance with City policies, applicable laws, and established cybersecurity standards. Employees shall not: A. Enter confidential, sensitive, proprietary, personnel, financial, legal, law enforcement, protected health, or personally identifiable information into public or unapproved AI platforms. B. Use AI-generated content as the sole basis for employment decisions, personnel actions, legal determinations, procurement decisions, regulatory actions, or other official City actions. C. Represent AI-generated content as factual, accurate, or official City information without appropriate review and verification. D. Use AI tools in a manner that violates copyright laws, public records requirements, data privacy regulations, cybersecurity standards, or any other City policy. 49 Employees are responsible for reviewing, verifying, and validating the accuracy, completeness, and appropriateness of all AI-generated content before using it for City business. Any work product generated with the assistance of AI remains the responsibility of the employee. The City reserves the right to restrict, monitor, approve, or prohibit the use of AI tools on City systems and devices. Failure to comply with this policy may result in disciplinary action, up to and including termination of employment. All the City’s policies, including, but not limited to, its policy on Equal Employment Opportunity, apply to the use of the City’s technology resources. If any employee feels that he or she has witnessed or been the subject of any conduct in violation of this policy, the employee should utilize the Complaint Procedure set forth in this Manual. 50 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Use of Personal Mobile Devices Policy Number: 104.10 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Use of Personal Mobile Devices Employees may bring personal mobile devices to work, such as personal cell phones, smartphones, and tablets. However, these personal mobile devices may not be used to perform any City business or workrelated activities and may not be used to access the City’s data or networks, unless authorized in advance and configured by those employees and/or contractors responsible for Information Technology for the City. If written authorization by the City Manager is given to use a personal mobile device for work purposes or to access the City’s data or networks, the employee must comply with the City’s Technology Resources Policy when using the device. Employees also may not use the authorization to use a personal mobile device for work purposes or to access the City’s data or networks to work from home or otherwise work additional time not approved in advance by the City. Employees should not have an expectation of privacy in anything they create or store on, send, or receive on their personal mobile device if such material was in any way transmitted using the City’s technology resources, including its data networks or Internet connection. The above provisions of this policy regarding the City’s right to inspect and monitor devices apply with respect to such material. Note that use of a personal mobile device in relation to City business may also implicate the Georgia Open Records Act, and City-related communications on such a personal mobile device may be subject to disclosure under the Act. In addition, although employees are permitted to bring personal mobile devices to work, they are at all times expected to devote their entire time and attention to performing their job duties for the City without distraction by their personal mobile devices. Therefore, employees may not use personal mobile devices during work hours except for emergency reasons only. Employees may, however, use personal mobile devices during non-work hours, such as during an approved break or meal period, provided that such use is outside the view of the public who may be at City offices and not used in violation of any policies in this Manual, including the City’s Technology Resources Policy. In addition, employees must keep their personal mobile devices on “vibrate” or “silent” mode at all times while at work. 51 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Social Media Policy Policy Number: 104.11 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Social Media Policy In general, the City views social networking websites (e.g., Facebook and Twitter), personal websites, and blogs positively and respects the right of employees to use them as a medium of self-expression. However, the use of these types of websites can impact both the City and employees alike. Therefore, the City has created this policy to establish its expectations for employee use of these types of websites. Applicability This policy is meant to apply to social networking sites; personal websites; blogs; photo, video, and file sharing sites; podcasts; as well as bulletin boards and comments posted on other websites. For ease of reference, this policy refers to all of these types of websites generically as “social media websites”. The absence of an explicit reference to a specific website is not meant to limit the application of this policy. Where no policy or guideline exists, employees should use their professional judgment and take the most prudent action possible. You should consult with your supervisor if you are uncertain about any of your activities on a social media website. No Interference with Job Duties As set forth in the City’s Use of Technology Resources Policy, the City’s Internet and computer resources are provided to employees to allow them to complete their job duties and should be used for business purposes only. As such, the City does not allow personal use of social media websites using City computers, equipment, or networks or at all during an employee’s work time. Use Outside of Work Employees may use social media websites during their personal time outside of work and without the use of City computers, equipment, or networks. Employees must be aware, however, that information they display on the Internet reflects not only on them but could be associated with the City as well. Therefore, employees are expected to follow these guidelines when using any social media website: A. Employees who wish to identify themselves as employees of the City on any social media website must first obtain written permission from the City Manager. After receiving permission, employees must place a disclaimer in their profile, post, or publication that clearly states that any and all opinions or views expressed are those of the employee and not the City. It is recommended, though not required, that even employees who do not wish to identify themselves as employees of the City utilize a similar disclaimer stating that any and all views or opinions expressed are their own and not that of their employer. 52 B. Employees should use their best judgment and discretion when posting material and information online. C. Confidential and proprietary information of the City is not to be shared, discussed, or referred to by employees on any social media website, even in private messages between site members who have authorized access to the information. D. Employees should refrain from making knowingly false, malicious, or reckless statements that publicly disparage the City, its elected officials, employees, services, operations, or reputation, or otherwise undermine public confidence in the City's ability to effectively serve the community. E. Employees are responsible for reading, knowing, and complying with the Terms of Service of the social media websites they use. F. Employees are expected at all times to comply with the law with regard to copyright, trademark, and plagiarism. Posting of someone else’s work without permission is not allowed. 53 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Political Activity Policy Number: 104.12 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Political Activity City employees are encouraged to exercise their right to vote, but City employees may not engage in any political campaign activities while on duty, while in the workplace, while in uniform, or using any City property or equipment, including any City computer, network, or vehicle. This prohibited activity includes, but is not limited to, distributing information, assisting with campaign materials or initiatives, or soliciting contributions or services for any political party, political candidate, or organization, or otherwise spending work time on an activity in furtherance of any political party, candidate, or political organization while on duty. Nothing contained herein shall be construed to restrict the right of City employees to hold membership in and support a political party or candidate, to vote as he or she chooses, to express personal opinions on political subjects and candidates, to maintain political neutrality, or to attend political meetings during non-working hours. 54 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Inclement Weather and Emergency Circumstances Policy Number: 104.13 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Inclement Weather and Emergency Circumstances If the City Manager or designee determines that existing or anticipated weather conditions, natural disasters, public health emergencies, utility failures, or other circumstances warrant the closure of City offices or facilities, the City Manager or designee may excuse employees from duty for such period as deemed necessary without loss of pay or charge to accrued leave. Employees who are scheduled to work during an authorized City closure but are not required to report to work shall receive their regular rate of pay for the hours they were scheduled to work during the closure. Employees designated as essential personnel or otherwise required to work during an authorized City closure shall be compensated as follows: A. Non-exempt employees shall receive compensation at one and one-half (1.5) times their regular rate of pay for all hours actually worked during the authorized closure. B. Exempt employees shall continue to receive compensation in accordance with applicable provisions of the Fair Labor Standards Act (FLSA) and City policy. C. If City offices and facilities remain open, but an employee is unable to report to work due to severe weather conditions or other emergency circumstances, the employee may: D. Make up the time lost from work, provided that non-exempt employees complete the make-up time within the same workweek and exempt employees complete the make-up time within fifteen (15) workdays following the absence; E. Charge the absence to accrued annual leave; or F. Be placed on leave without pay if no accrued leave is available and make-up time is not approved. Employees who are not directly affected by the severe weather conditions or emergency circumstances and employees who are not scheduled to work during the affected period shall not accrue any right to additional compensation or leave benefits as a result of an authorized absence granted to other employees. Emergency Procedures In the event of a crisis, emergency, or other uncertain situation: A. Employees shall not leave their assigned work location without notifying their immediate supervisor, except when there is an immediate threat to personal safety, and must immediately notify their immediate supervisor of the incident and their absence upon reaching a safe location. B. Supervisors shall consult with management before authorizing employees to leave work or take other emergency-related actions whenever practicable. C. Employees may contact their Department Director if their supervisor is unavailable. 55 D. Supervisors, Managers, and Department Directors should consult with the City Manager or designee regarding emergency actions affecting City operations or personnel. E. The City Manager or designee shall have final authority regarding office closures, operational modifications, employee reporting requirements, and the resumption of normal operations. Disaster Volunteer Leave An employee who is a certified disaster service volunteer of the American Red Cross may be granted a leave of absence to participate in specialized disaster relief services for the American Red Cross. Disaster Volunteer Leave shall: A. Not be charged to annual leave, sick leave, or personal leave. B. Be authorized only if the employee’s services are requested by the American Red Cross. C. Be at the discretion of the City Manager and coordinate through the director of Emergency Management. D. Be granted only for services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision; and, E. Not exceed one hundred twenty (120) hours in any twelve (12) month period. 56 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Safe Driving Policy Policy Number: 104.14 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Safe Driving Policy The City strives to provide a safe working environment and to protect its employees from job-related injuries and illnesses. This policy intends to guide employees in the required use of safety belts and the expected use of telecommunication devices. It is the goal of the City to eliminate driver distractions by its employees due to talking or texting on a telecommunication device while operating a vehicle during the commission of their official duties. In addition to this Safe Driving Policy, all employees covered by this policy are expected to know and to abide by the Georgia Uniform Rules of the Road, found in O.C.G.A. §§ 40-6-1 through 40-6-397. Definitions Vehicle – Every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry ten passengers or fewer and used for the transportation of persons. Motorized Equipment – City equipment such as lawn mowers, tractors, spreaders, street sweepers, backhoes, construction equipment, and other outdoor wheeled equipment operated by City employees. Telecommunication Device – Any device capable of sending and/or receiving voice, text, photographic, video, or other communication wirelessly via analog, digital, or any other technology that may be carried on or about a person. Examples include cellular telephone, text messaging device, personal digital assistant, standalone computer, or any other similar wireless device that can be used to initiate or receive a wireless communication. Driving – Operating a motor vehicle or equipment on a roadway, including temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. It does not include being in a vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to park. Text Messaging – Reading from or entering data into any handheld or other telecommunication device, including for the purpose of short message service texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication. Applicability This policy applies to all employees who operate or drive City-owned vehicles and equipment and to employees who drive privately-owned or rented vehicles during work time or while otherwise conducting City business. However, the portions of this policy relevant to the use of a telecommunication device do not apply to the following employees or situations: A. Reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the employee believes a person’s health or safety is in immediate jeopardy. 57 B. Reporting the perpetration or potential perpetration of a crime. C. A public utility employee or contractor acting within the scope of his or her employment when responding to a public utility emergency. D. Engaging in wireless communication while a motor vehicle is off the roadway where it is safe and legal to park; and E. Using a City-issued two-way radio device (e.g., 800 MHz radio) for time-sensitive communications or a GPS navigation device provided that all due care is taken to ensure the safe operation of the vehicle. Safety Belt Use and Maintenance A. All employees and passengers are required to wear a properly adjusted and fastened safety belt; B. All mowing, grading, and similar equipment which has the capability to exceed fifteen (15) mph during travel shall be equipped with a roll over protection device and safety belts that must be worn by the operator at all times; C. No employee may allow another person to ride as a passenger on a trailer or in the bed of a pickup truck or any other towed equipment; and D. It is the responsibility of the driver and the supervisor to ensure that safety belts are maintained in good working condition by ensuring that: (a) safety belts are inspected regularly; (b) safety belts are visible and readily accessible for use in vehicles and on equipment; and (c) safety belts are regularly cleaned and are operational at all times. Distracted Driving A. Employees must exercise due care in operating a motor vehicle and/or motorized equipment and shall not engage in any actions that distract employees from the safe operation of vehicles and equipment. B. Except for the exclusions noted above, all uses of telecommunication devices, including hands free equipment and technology such as Bluetooth are prohibited while driving. No employee shall operate a motor vehicle or motorized equipment for work purposes on any public road, public property, street, or highway while using a telecommunication device to talk, write, send, or read any text-based communication, including, but not limited to, a text message, instant message, or electronic mail. C. In the event that a phone call must be made, or a text message must be sent or received, an employee must find a location off the roadway where it is safe and legal to park to use the device. Business Use Only City vehicles are to be used for purposes of conducting City business only and may not be used for any personal reason, including driving to or from lunch or any other location when not required for City business. City vehicles may only be used by City employees and officials. See also Resolution No. 10-273, the provisions of which are incorporated herein. 58 Notification of Accidents Any employee who is involved in a vehicle accident while on duty or performing City business, whether in a City vehicle or privately owned or rented vehicle, must notify their Department Head immediately. Employees who are required to have a valid driver’s license for their job or utilize City vehicles for official business must also notify their Department Head immediately if their license is lost, confiscated, suspended, or revoked for any reason. Disciplinary Action The City takes the obligations described in this policy seriously. Failure to comply with this policy may result in driving privileges being revoked, which may prohibit an employee from fulfilling the duties and responsibilities of his or her position, and/or disciplinary action up to and including termination. 59 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Emergency Procedures Policy Policy Number: 104.15 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Emergency Procedures Policy The City is committed to providing a safe working environment for all of our employees. Your safety and the safety of others require that you make safety a priority on the job. The following are emergency numbers that should be contacted in the event of an emergency: SERVICE Fire, Police, Ambulance Poison Control PHONE NUMBER 911 (800) 282-5846 In the event of an emergency, the following procedures should be followed: A. Fire – Any fire, regardless of size, must be reported to the fire department (911) immediately. Persons reporting the fire should give their name, the organization’s name, the building or area involved, the exact location of the fire, and a description of the type of fire. If a fire is noticed, the nearest alarm box must be activated, and the person reporting the fire must remain on the property to inform the authorities about the fire. Fire extinguishers are located throughout the facility and should be used to fight small fires only. All persons leaving the building or area should await instructions from maintenance or the fire department before re-entering the area. Elevators should not be used during a fire emergency. Supervisors should see to the safety of all persons with disabilities and should assist them to stairwells. B. Thunderstorms/Lightning – In the event of a thunderstorm or lightning, all staff will be required to seek shelter and remain inside until the storm or lightning has ceased. The City is not responsible for any injury sustained from a thunderstorm or a lightning strike by any person or persons who refuse to abide by this policy. C. Accidents and Injuries – All accidents, regardless of how minor, must be reported to the department supervisor immediately. First aid supplies are available for minor injuries. All lifethreatening injuries and serious accidents should be handled by calling 911 emergency services. If you are injured on the job, no matter how slight, you must immediately report the incident to your supervisor. Further, a first report of injury must be prepared in writing, signed by your supervisor, and submitted to the Human Resources Director within twenty-four (24) hours of the incident. For all injuries requiring medical attention, barring any life-threatening emergencies, all employees are required to seek care from one of the physicians on the Workers’ Compensation panel. This panel (list of doctors) is in the break and copier rooms of all City facilities and is generally bright pink in color. 60 D. Emergency Reporting and Escalation- Employees shall immediately report any emergency, safety hazard, facility issue, utility outage, security concern, or other incident that may affect employee safety, City property, or City operations to their supervisor. Supervisors shall promptly notify their Department Director and any appropriate emergency response personnel when circumstances warrant. Department Directors shall notify the City Manager or designee of significant incidents involving serious injury, substantial property damage, disruption of City services, emergency declarations, or other events that may impact City operations or public safety. Employees shall follow all instructions provided by emergency responders, supervisors, Department Directors, and authorized City officials during an emergency situation. Emergency Communications and Notifications The City utilizes multiple communication methods to provide employees with timely information regarding emergency situations, office closures, delayed openings, severe weather events, operational disruptions, and other urgent matters. Employees should not rely solely on television or radio broadcasts for emergency notifications. Official City emergency communications may be distributed through one or more of the following channels: A. The City's official website; B. The City's official social media platforms; C. The City's Human Resources Information System (HRIS) mobile application and notification system; D. Email communications; E. Text message alerts; and F. Other communication methods designated by the City. Employees are responsible for maintaining current contact information within the City's HRIS and for monitoring official communication channels during emergency situations. The City reserves the right to determine the most appropriate communication method based on the nature and urgency of the event. 61 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Outside Employment Policy Number: 104.16 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Outside Employment City employees may engage in outside employment that does not create a conflict of interest or interfere with their performance of duties for the City. However, any outside employment must be approved by the employee’s Department Head in advance. To obtain approval, an employee must submit a written request to the Department Head and meet with the Department Head to discuss outside employment and whether it will create a conflict of interest or interfere with the performance of job duties. All Department Heads must discuss the request with the City Manager before approving a written request to engage in outside employment. If the request is approved, the Department Head will sign the request and provide it to the Human Resources Director to be retained in the employee’s personnel file. Any outside employment by Department Heads must be approved by the City Manager in advance and, if approved, will be put in writing and provided to the Human Resources Director to be retained in the Department Head’s personnel file. Newly hired employees who hold an outside job, own a business, or are self-employed at the time of hire with the City must notify the City during the application process and then submit a request for outside employment immediately upon employment with the City using the following procedure described above. Failure to submit a request for approval before engaging in outside employment, any conflict of interest as a result of outside employment, or any interference with the performance of job duties for the City as a result of outside employment, may be cause for disciplinary action up to and including termination of employment. 62 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Confidential Information Policy Number: 104.17 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Confidential Information Employees must carefully protect and may not, directly or indirectly, make any unauthorized disclosure or use of any confidential information acquired by virtue of their employment with the City except as required for the performance of their authorized employment duties on behalf of the City. Employees may not provide to anyone or permit others to use confidential information except in the performance of their authorized employment duties. Please review Section 2.16 of the City Charter and the City’s ethics ordinance for further guidance. 63 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Gifts, Gratuities and Community Benefit Programs Policy Number: 104.18 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Gifts, Gratuities and Community Benefit Programs Employees may not solicit or accept gifts, gratuities, loans, favors, services, or anything of value from organizations, business entities, vendors, contractors, applicants, or individuals with whom they have official City business relationships or whose interests may be affected by City actions. These limitations are not intended to prohibit: A. Items distributed free of charge to the general public; B. Token gifts exchanged during recognized holidays or special occasions, provided the fair market value does not exceed twenty-five dollars ($25), and acceptance does not create an actual or perceived conflict of interest; C. Occasional donations of perishable food items for the benefit of an entire department, such as candy, cookies, fruit baskets, cakes, soft drinks, or similar items, provided the total value of the donation does not exceed one hundred dollars ($100). Gifts exceeding this amount shall be declined or returned. Donated catered meals are prohibited except during emergency operations, training sessions, official meetings, employee recognition events, or other City-approved functions; and D. Contributions, donations, sponsorships, or gifts received as part of a City-approved community benefit program or charitable initiative, including but not limited to Shop with a Cop, holiday assistance programs, toy drives, school supply drives, community outreach events, and similar programs intended to benefit residents or community members rather than individual employees. All gifts, donations, sponsorships, and contributions associated with a City-approved community benefit program shall be administered in accordance with applicable City policies, financial controls, purchasing requirements, and ethics provisions. Employees shall not personally benefit from donations intended for community programs. Employees must comply with the City's Ethics Ordinance, Purchasing Ordinance, and all applicable conflictof-interest requirements. Questions regarding the acceptance of gifts, donations, or sponsorships should be directed to the Human Resources Director, City Manager, or City Attorney. 64 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Use and Return of City Property Policy Number: 104.19 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Use and Return of City Property New employees may be issued City property upon hire. This may include: (a) key or key card for access to buildings and offices; (b) photo identification card; (c) uniforms required to be worn for one’s job; and (d) computers or mobile phones. No employee or City official may use any equipment, materials, supplies, or other City property or the services of City employees for his personal benefit. Employees are expected to use proper care when using the City’s property and equipment. No property may be removed from the premises without the proper authorization of the employee’s Department Head or the City Manager. If an employee loses, breaks, or damages any property, he must report it to his supervisor immediately. An employee who loses his or her required uniform or loses or breaks his or her City-issued computer or mobile device will be required to replace them at their own expense. Upon termination of employment for any reason, employees must promptly return all City property that is in their possession, custody, or control. This policy specifically requires employees to return all City property (including electronically stored information) that employees may have taken outside of the office (e.g., personal residence) or transferred to or stored on non-City computers and other electronic storage devices during the course of their employment. Employees should clearly understand that, upon the termination of their employment, they are without authorization to access or use any such City property, whether through a City computer or non-City computer. Further, for the avoidance of doubt, this policy makes clear that no employee is authorized to access the City’s computer systems or networks, including City email services, after the termination of employment, unless such post-termination access is expressly authorized in writing by the City Manager. 65 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Dress Code and Personal Appearance Policy Number: 104.20 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Dress Code and Personal Appearance Employees are expected to maintain the highest standards of personal cleanliness, grooming, and professional appearance at all times. Employees represent the City through both their conduct and appearance and are expected to present a professional image that reflects positively on the City and promotes public confidence. The City maintains a business casual dress code. Acceptable business casual attire includes dress pants, suits, dresses, skirts, sweaters, blouses, turtlenecks, and collared shirts, including approved City-logo apparel. Clothing must fit appropriately, be clean, neat, properly maintained, and free from excessive wear, tears, holes, or fraying. Dresses and skirts must be no shorter than knee length. Clothing that is excessively tight, revealing, sheer, low-cut, or otherwise inappropriate for a professional work environment is prohibited. Employees required to wear a City-issued uniform shall wear the designated uniform while on duty and shall ensure it is neat, clean, properly fitted, and maintained in good condition. Uniform components shall not be intermixed with non-uniform clothing unless specifically authorized. Employees may not wear City uniforms while off duty except as authorized for official City business. Casual Fridays Unless otherwise directed by the City Manager, employees may wear approved casual attire on Fridays. Casual Friday attire must remain professional, neat, and appropriate for a governmental workplace. Acceptable Casual Friday attire includes: • • • • • • • Clean, professional jeans without holes, tears, fraying, patches, or excessive fading; Khaki pants and casual slacks; City-logo shirts, sweatshirts, and pullovers; Non-graphic shirts and professional casual tops; Dresses and skirts that meet the City's dress code requirements; Mid-calf dress capris that are not form-fitting; and Professional footwear, including clean athletic shoes and office-appropriate sandals with heel straps. Department Heads may require employees to adhere to standard business casual attire on Fridays when meetings, public events, court appearances, inspections, presentations, or other business needs warrant a more professional appearance. 66 Religious Accommodations The City recognizes the importance of sincerely held religious beliefs and will provide reasonable accommodation regarding workplace attire and grooming practices unless doing so would create an undue hardship or pose a safety risk. Requests for accommodation shall be submitted to Human Resources. Inappropriate Attire The following items are prohibited at all times unless specifically required for approved work activities: • • • • • • • • • • Shorts; Halter tops, tank tops, tube tops, spaghetti strap tops, or crop tops; Leggings, jeggings, yoga pants, or similar form-fitting attire worn as outerwear; Clothing with holes, tears, frayed edges, or excessive wear; Cargo pants, overalls, jogging suits, sweatpants, exercise attire, or athletic wear; Mini-skirts, mini-dresses, or dresses and skirts above knee length; Clothing with excessively low necklines or exposed undergarments; Sheer, transparent, or revealing clothing; Flip-flops, slippers, bedroom slippers, Crocs, or sandals without heel straps; Clothing, hats, or accessories displaying offensive, discriminatory, political, profane, disruptive, or inappropriate words, slogans, images, or messages. Policy Enforcement Department Heads, supervisors, Human Resources, and the City Manager shall have the authority to interpret and enforce this policy. Employees who report to work in violation of this policy may be required to leave the workplace and return in appropriate attire. Time away from work for this purpose shall be charged to the employee's accrued leave or leave without pay if accrued leave is unavailable. Repeated violations of this policy may result in corrective or disciplinary action, up to and including termination of employment. Personal Hygiene Employees are expected to maintain appropriate personal hygiene. Excessive use of perfumes, colognes, scented products, or poor hygiene that disrupts the work environment may be addressed by the employee's supervisor. Concerns shall be discussed privately and professionally. Continued issues may result in corrective action. 67 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Non-Interference with Administration Policy Number: 104.21 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Non-Interference with Administration The City recognizes that employees perform best when allowed to do their jobs without interference from outside influences. The Mayor and City Council members are not to generally deal with City employees who are subject to the direction and supervision of the City Manager and are prohibited from giving orders directly to City employees. Exceptions to this policy occur when the City Council makes inquiries and investigations under the power of the City Charter or when emergencies arise. Please refer to City Charter 2.22 for more information. Should you feel that an elected official has acted inconsistently with this policy, please immediately inform the City Manager. 68 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Children at Work Policy Number: 104.22 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Children at Work The presence of children in the workplace during an employee's workday is generally inappropriate and should be avoided except in limited emergency or unavoidable circumstances. This policy is intended to minimize disruptions to City operations, maintain a professional work environment, promote workplace safety, and reduce liability risks. If an employee believes bringing a child to work is unavoidable, the employee must notify his or her supervisor as soon as possible. The supervisor shall consult with Human Resources regarding the request. Approval must be obtained from the City Manager or designee before a child may accompany an employee to work. Factors that may be considered when evaluating a request include: A. The age of the child; B. The anticipated length of time the child will be present; C. The nature of the employee's work environment; D. Safety and security considerations; E. The potential impact on City operations and customer service; and F. The potential disruption to the employee's duties and the work of others. Children are not permitted in areas that present safety hazards or security concerns, including but not limited to construction sites, maintenance facilities, public safety facilities, equipment operation areas, or other restricted work locations. Any child authorized to be present in the workplace shall remain under the direct supervision and responsibility of the employee’s parent/guardian at all times. The employee shall ensure the child does not disrupt City operations, interfere with the work of others, or create a safety risk. Approval to bring a child to work is temporary, applies only to the specific circumstance for which it was granted, and may be revoked at any time if operational, safety, or workplace concerns arise. 69 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Infectious Disease and Communicable Illness Policy Policy Number: 104.23 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Infectious Disease and Communicable Illness Policy The City is committed to providing a safe and healthy work environment for employees and the public. During periods of increased communicable illness, infectious disease outbreaks, public health emergencies, or other health-related events, the City may implement temporary workplace safety measures consistent with guidance from public health authorities and operational needs. The City may take reasonable actions to protect employees, residents, and visitors, including modifying workplace practices, implementing enhanced cleaning procedures, adjusting work schedules, authorizing telework where appropriate, limiting access to facilities, or taking other measures deemed necessary to maintain City operations and protect public health. Employees are expected to: A. Practice appropriate hygiene and infection prevention measures; B. Follow all applicable workplace safety procedures; C. Notify their supervisor when they are unable to report to work due to illness in accordance with City attendance and leave policies; D. Cooperate with reasonable workplace health and safety measures implemented by the City during a public health event; and E. Refrain from reporting to work when experiencing symptoms of a contagious illness that could pose a risk to others. Employees who are ill should utilize available leave benefits and follow applicable departmental reporting procedures. The City may require medical documentation, fitness-for-duty certification, or other information permitted by law when necessary to determine an employee's ability to safely perform assigned duties or return to work. The City may implement temporary health and safety measures during an infectious disease outbreak or public health emergency, including but not limited to health screenings, personal protective equipment requirements, telework arrangements, social distancing protocols, travel restrictions, facility access controls, or other measures recommended by public health authorities or deemed necessary by the City Manager. All medical information obtained by the City shall be maintained as confidential and handled in accordance with applicable laws and City policies. The City Manager or designee shall have the authority to implement, modify, suspend, or terminate workplace health and safety measures based on operational needs, public health guidance, legal requirements, and the nature of the public health event. 70 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Background and Driving Record Reviews Policy Number: 104.24 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Background and Driving Record Reviews To promote public trust, workplace safety, risk management, and operational effectiveness, the City reserves the right to conduct criminal background checks, motor vehicle record (MVR) reviews, and other lawful screenings on applicants and employees as permitted by law. Pre-Employment Screening Applicants selected for employment may be required to successfully complete a criminal background check, motor vehicle record review, reference verification, drug screening, and any other screening deemed necessary for the position before employment is finalized. Periodic Reviews The City may conduct periodic criminal background checks and motor vehicle record reviews on current employees whose job duties require the operation of City-owned vehicles, operation of equipment, access to sensitive information, handling of financial transactions, public safety responsibilities, or other positions designated by the City. Periodic reviews may be conducted annually or at such intervals as determined by the Human Resources Director and City Manager. Employee Notification Requirements Employees shall immediately notify their supervisor and Human Resources of: A. The suspension, revocation, expiration, restriction, or loss of a driver's license required for their position; B. Any conviction, guilty plea, nolo contendere plea, First Offender disposition, or similar disposition involving a motor vehicle offense that may affect the employee's ability to perform assigned duties; C. Any criminal conviction that may affect the employee's qualifications, licensure, certification, job responsibilities, or suitability for continued employment. Failure to provide required notification may result in disciplinary action, up to and including termination. Review and Employment Actions The existence of a criminal conviction, adverse background information, or unfavorable driving record shall not automatically disqualify an applicant or employee. The City shall consider the nature of the offense, the relationship of the offense to the position, the time elapsed since the offense, applicable legal requirements, and other relevant factors. Based on the results of a background check or motor vehicle record review, the City may take appropriate action, including reassignment of duties, suspension of driving privileges, transfer, demotion, disciplinary action, or termination of employment. 71 The Human Resources Director shall administer this policy and may establish procedures governing the frequency, scope, and review of background checks and motor vehicle record reviews. 72 Chapter 5: Types of Appointments CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Regular Appointments Policy Number: 105.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Regular Appointments Regular appointments of full-time and part-time positions shall occur after the procedures outlined in Chapter Two have been completed. All employees employed under this method shall serve an Introductory Period as described in Chapter 4. 73 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Temporary Appointments Policy Number: 105.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Temporary Appointments Temporary appointments may be made for special project(s) or other work of a temporary nature. The services to be rendered by an appointee for a temporary period are not to exceed six (6) months in any twelve (12) month period. The Department Head will consult with the Human Resources Director to assure budgetary compliance. Temporary appointments are subject to the approval of the City Manager. Temporary employees are ineligible for benefits and privileges provided to regular status employees. 74 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Interim and Acting Appointments Policy Number: 105.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Interim and Acting Appointments The City may assign an employee to serve in an interim or acting capacity when a position becomes vacant, when an employee is absent for an extended period, during a recruitment process, or when operational needs require temporary leadership or additional responsibilities. An interim or acting appointment is a temporary assignment and does not constitute a promotion, guarantee future employment in the position, or create any expectation of permanent appointment. To be eligible for interim or acting pay, the employee must be assigned responsibilities that are substantially greater than and outside the scope of the employee's regularly assigned duties and responsibilities. Interim or acting assignments must be approved in advance by the Department Director, Human Resources Director, and City Manager. Employees assigned to an approved interim or acting role shall receive the following temporary compensation adjustment: A. Non-managerial positions: Five percent (5%) above the employee's current base rate of pay. B. Managerial and supervisory positions: Ten percent (10%) above the employee's current base rate of pay. The temporary compensation adjustment shall become effective on the date established in the approved appointment and shall remain in effect only for the duration of the assignment. An employee serving in an interim or acting capacity shall continue to perform the essential duties of his or her regular position unless otherwise directed by management. The interim or acting pay adjustment shall automatically end upon completion of the assignment, appointment of a permanent incumbent, return of the regular employee, reassignment of duties, or termination of the interim or acting designation. Upon conclusion of the assignment, the employee's compensation shall revert to the rate of pay in effect immediately before the interim or acting appointment, subject to any intervening salary adjustments approved by the City. The City Manager reserves the right to modify, extend, or terminate an interim or acting appointment at any time based on operational needs. 75 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Limited Term Appointments Policy Number: 105.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Limited Term Appointments Vacancies created by a leave of absence without pay may be filled by limited term appointment. The normal selection procedures will be followed in order to fill the position under a limited term appointment. A person holding a limited term appointment may be terminated when the person replaced returns to the position. Transfer from limited term to regular appointment may be made if the person being replaced fails to return on the termination of leave. Employees holding limited term appointments shall be eligible for holiday pay only. No other rights or privileges shall be granted to these employees. 76 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Emergency Appointments Policy Number: 105.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Emergency Appointments When an emergency involving serious impairment of the public business makes it impossible to fill a vacant position through the competitive process, the Department Head, subject to the approval of the City Manager, may appoint any qualified person to such a position temporarily in order to continue public business and prevent serious inconvenience to the public. Any such person shall be employed only during such an emergency and for a period not to exceed ninety (90) days, during which the normal selection procedures will be followed to fill the position under a regular appointment. 77 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Re-Employment (Break in Service) Policy Number: 105.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Re-Employment (Break in Service) A regular status employee who separates from employment with the City in good standing and is eligible for re-employment may be re-employed, provided the absence is for a period not to exceed three hundred and sixty-five (365) days. Upon re-employment, the employee’s leave balance will be zero. Leave time will be granted as provided for in this manual. Persons re-employed after a period of absence greater than three hundred and sixty-five (365) days will be treated as newly employed. The date of employment will be counted from the date of rehire. 78 Chapter 6: Compensation and Performance CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Overtime Policy Number: 106.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Overtime The City complies with the requirements of the Fair Labor Standards Act (FLSA) and any applicable local law with respect to wages and hours. Please understand that there may be times when you will need to work overtime. However, all overtime must be approved in advance by your supervisor. Any employee who works unauthorized hours or overtime, including arriving early or staying late, working through lunch or break periods, or working from home, may be subject to disciplinary action, up to and including termination of employment. Non-exempt hourly employees may be paid overtime at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over forty (40) hours in a week. Compensatory time may be given in lieu of overtime payments. Exempt salaried employees are subject to deductions from their salaries only for lawful reasons. If an employee feels he or she has been subject to an improper salary deduction, has been improperly classified as exempt or non-exempt, or has not been paid overtime for any hours worked over forty (40) hours in a week, the employee should notify the City using the Complaint Procedure outlined in this manual. In the event it is determined that an improper salary deduction was made or that an employee was not paid any overtime due, the City will reimburse the employee. 79 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Meal/Break Periods Policy Number: 106.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Meal Break Periods Meal and/or break periods are not required by the Fair Labor Standards Act (FLSA) and are not formally designated by the City but may be authorized by a Department Head. Any meal and/or break period may only be taken as approved by the employee’s Department Head. Breaks from zero (0) to twenty (20) minutes in length will be treated as hours worked. However, any breaks longer than 20 minutes or bona fide meal periods of thirty (30) minutes or more in which an employee is totally relieved of duties will not count as hours worked, and employees are responsible for clocking in and out, or otherwise accurately recording their time, for such break or meal periods. 80 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Work Schedules and Hours of Work Policy Number: 106.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Work Schedules and Hours of Work A normal workday and work week for full-time employees generally is considered eight (8) hours per day, 7:00 am to 4:00 pm or 8:00 am to 5:00 pm, five (5) days per week. The work week is defined as running from Monday through Sunday. Actual work hours during each day and workdays during each week may vary depending on an employee’s job position. 81 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Alternative Work Arrangements Policy Number: 106.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Alternative Work Arrangements Alternative work arrangements, including telecommuting, flexible work schedules, compressed workweeks, and other modified work arrangements, are management tools intended to support operational efficiency, business continuity, recruitment and retention efforts, and temporary employee needs when appropriate. Alternative work arrangements are not an employee benefit, a condition of employment, or an entitlement. All alternative work arrangements are temporary, discretionary, and subject to operational needs. Approval of an alternative work arrangement does not create a contractual right or guarantee continued participation. Eligibility Employees requesting an alternative work arrangement must generally: A. Have completed at least twelve (12) months of continuous employment with the City, unless otherwise approved by the City Manager; B. Maintain satisfactory job performance and attendance; C. Occupy a position that is suitable for the requested arrangement; and D. Demonstrate the ability to perform assigned duties effectively under the proposed arrangement. Eligibility does not guarantee approval. Application Process Employees requesting an alternative work arrangement must submit a written application on a form approved by Human Resources. The application shall identify the type of arrangement requested, the business justification, anticipated duration, proposed work schedule, and any other information required by the City. The employee's supervisor and Department Director shall review the request and provide a recommendation. Human Resources shall evaluate the request for policy compliance, operational impact, equity considerations, risk management concerns, and legal requirements and shall provide a recommendation to the City Manager. Final approval authority rests solely with the City Manager. Duration and Review Alternative work arrangements shall be approved for a specified period not to exceed twelve (12) months. Approved arrangements shall be reviewed periodically by the employee's supervisor, Department Director, 82 and Human Resources to determine whether the arrangement continues to meet operational and performance expectations. Unless specifically renewed through the approval process, alternative work arrangements shall automatically expire at the end of the approved period. The City reserves the right to modify, suspend, or terminate any alternative work arrangement at any time, with or without notice, based on operational needs, performance concerns, staffing requirements, budgetary considerations, changes in job duties, or other business reasons. Employees may be required to return to their regular work schedule and designated work location immediately upon notice from management. Definitions There are various alternative work schedule options available to employees. These options include: 1. Flextime, which is a block of time at the start and end of traditional eight-hour shifts during which employees may report and complete their required shift hours of work. May be used for an employee’s part-time, intermittent, and emergencies. a. May not be used to provide reasonable accommodation pursuant to the Americans with Disabilities Act and its Amendments without advance review and approval of an employee’s request for accommodation by Human Resources. b. Transitional Flexible Work Arrangements – When an employee is transitioning into retirement or leaving their job in the City, it is beneficial to maintain continuity of operations. 2. Compressed Workweeks allow employees to work a standard number of hours over less than five days in one week or 10 days in two weeks. A common compressed workweek schedule is 10 hours a day for four days a week. A nine- hour/eight-hour day shift with five workdays in week one and four days in week two, with a designated day off every other week. This schedule is only allowed for exempt employees because of the overtime pay inherent in the schedule. This schedule will only be allowed during the summer months. 3. Telecommuting is allowable when employees can perform work from a remote location (usually a home office) rather than commuting into the workplace. Before entering into any telecommuting agreement, the employee, supervisor, Department Director, and Human Resources Department shall evaluate the suitability of the proposed arrangement. Human Resources shall review the request for policy compliance, operational impact, equity considerations, risk management concerns, and legal requirements and provide a recommendation to the City Manager. Final approval authority for all telecommuting arrangements rests solely with the City Manager. 83 The evaluation shall include, but not be limited to, the following factors: • Employee Suitability – The employee's performance history, attendance record, ability to work independently, productivity, and demonstrated ability to successfully perform assigned duties with limited supervision. • Position Suitability – Whether the essential functions of the position can be effectively performed remotely without negatively impacting customer service, operational effectiveness, teamwork, communication, or service delivery. • Operational Needs – The impact of the arrangement on departmental operations, staffing levels, service delivery, public access, and the work of other employees. • Equipment, Technology, and Security Requirements – The availability of necessary equipment, technology, internet connectivity, cybersecurity protections, and the employee's ability to maintain the confidentiality and security of City information. • Workspace and Safety Considerations – The suitability and safety of the proposed remote work location and the employee's ability to maintain a work environment that supports productivity and protects City property and information. • Legal, Regulatory, and Risk Management Considerations – Any applicable legal, tax, workers' compensation, records retention, or other compliance requirements associated with the arrangement. Approval of a telecommuting arrangement is temporary, may be revoked at any time, and does not establish a right to continued telecommuting or future approval of similar requests. Work Schedule, Availability, and Performance Expectations Employees approved for telecommuting or other alternative work arrangements are expected to maintain the same level of productivity, responsiveness, professionalism, and accountability as employees working at a City facility. Employees must: A. Adhere to their approved work schedule and designated work hours; B. Be available and accessible during scheduled work hours by telephone, email, video conference, Microsoft Teams, or other communication methods designated by the City; C. Attend meetings, training sessions, and work-related events as directed; D. Accurately record all hours worked in accordance with City timekeeping procedures; E. Perform assigned duties during scheduled work hours and devote full attention to City business; and F. Report to their designated work location when directed by their supervisor, Department Director, Human Resources Director, or the City Manager. Telecommuting and alternative work arrangements are not intended to serve as a substitute for childcare, elder care, dependent care, or other personal obligations. Employees must make appropriate 84 arrangements to ensure that personal responsibilities do not interfere with the performance of assigned job duties. Failure to adhere to approved schedules, maintain availability, accurately report work time, meet performance expectations, or comply with the terms of an approved alternative work arrangement may result in revocation of the arrangement and may subject the employee to corrective or disciplinary action. Vacation and sick leave benefits will accrue at the same rate as for any employee on a regular work schedule. If an employee works a compressed work week (4) 10-hour days and requests vacation or sick leave, the hours charged will be 10 hours against the accumulated vacation or sick day. Holiday Pay – All eligible employees will ONLY receive 8 hours of holiday pay. If you work one of the alternative work schedules, you will be required to adjust your schedule to not go over the 40-hour work week or use annual leave. • Example 1: An employee is working the (4) 10-hour days schedule and a holiday falls on one of their 10-hour workdays – they will be required to work an additional 2 hours on one of the other days or take 2 hours of annual leave. • Example 2: An employee is working the (4) 10-hour days schedule and a holiday falls on their scheduled day off- they will be paid for 48 hours. They will only receive 40 hours of pay, which includes 8 hours of holiday pay. They will need to adjust their working hours to 32 hours for the remainder of the week. Security Consistent with the organization’s expectation of information security for employees working at the office, telecommuting employees will be expected to ensure the protection of the proprietary City and customer information accessible from their home office. Steps include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment. The employee will establish an appropriate work environment within his or her home for work purposes. The City of Stockbridge will not be responsible for costs associated with the setup of the employee's home office, such as remodeling, furniture, or lighting, nor for repairs or modifications to the home office space. Safety Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. The City of Stockbridge will provide a checklist for the employees, which must be turned into Human Resources. Injuries sustained by the employee in a home office location and in conjunction with his or her regular duties are covered by the workers’ compensation policy. Telecommuters are responsible for notifying the employer of such injuries as soon as practicable. The employee is liable for any injuries sustained by visitors to his or her home worksite. 85 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Performance Management Policy Number: 106.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Performance Management The City is committed to fostering a culture of continuous feedback, employee development, accountability, and performance excellence. Performance management is an ongoing process that includes goal setting, coaching, feedback, training, employee development, and formal performance evaluations. Supervisors are encouraged to provide employees with regular feedback regarding performance, accomplishments, expectations, and development opportunities throughout the year. Informal coaching and performance discussions may occur at any time and are intended to promote employee growth and organizational success. Introductory Period Evaluations Employees serving an introductory period shall receive formal performance evaluations at approximately three (3) months and six (6) months of employment. Additional feedback and coaching may be provided as needed throughout the introductory period. Successful completion of an introductory period evaluation does not guarantee continued employment, promotion, compensation increases, or continued assignment in a particular position. Annual Performance Evaluations All employees shall participate in the City's annual performance evaluation process. Performance evaluations shall be conducted according to a Citywide schedule established by the Human Resources Department rather than on individual employment anniversary dates. The Human Resources Department shall establish evaluation timelines, procedures, training requirements, rating methodologies, and submission deadlines. Performance evaluations shall be completed electronically through the City's designated performance management system and shall include: A. An employee self-evaluation, which is strongly encouraged and may be required by Human Resources; B. A supervisor evaluation; C. A review of accomplishments, goals, and development needs; D. Evaluation of City core values and behavioral expectations; E. Assessment of job-specific competencies and performance expectations associated with the employee's position; and F. Any additional performance criteria established by Human Resources. Employees and supervisors shall participate in any required performance management training established by the Human Resources Department. 86 Mid-Year Performance Review Employees and supervisors shall participate in a mid-year performance review or progress discussion to evaluate goals, discuss accomplishments and challenges, identify development opportunities, and provide ongoing performance feedback. The purpose of the mid-year review is to promote continuous communication and ensure performance expectations remain aligned with organizational goals. Performance Review Meetings Supervisors shall meet with employees to discuss performance evaluation results, performance expectations, development opportunities, and future goals. Employees shall have the opportunity to provide comments regarding their evaluation. An employee's signature or electronic acknowledgment indicates receipt and discussion of the evaluation and does not necessarily indicate agreement with the evaluation's contents. Performance Evaluations and Employment Decisions Performance evaluations are intended to facilitate communication, employee development, performance improvement, and organizational effectiveness. Performance evaluation results may be considered in decisions regarding training opportunities, succession planning, promotional opportunities, corrective action, compensation recommendations, and other employment-related decisions. A favorable performance evaluation does not guarantee a salary increase, promotion, transfer, continued employment, or any other employment benefit. Appointed Officials Employees appointed by the Mayor and Council, including the City Manager, City Clerk, City Treasurer, City Attorney, and Executive Assistant to Mayor and Council, shall be evaluated in accordance with procedures established by the Mayor and Council. Compensation and employment decisions regarding appointed officials shall remain within the authority of the Mayor and Council. 87 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Compensation Administration Policy Number: 106.6 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Compensation Administration The City is committed to maintaining a compensation system that is equitable, competitive, fiscally responsible, legally compliant, and aligned with the City's strategic objectives. The compensation program is designed to attract, retain, and motivate qualified employees while ensuring internal equity and external market competitiveness. All positions shall be assigned to a pay grade within the City's classification and compensation system. Each pay grade shall establish a minimum and maximum rate of pay, and employees shall be compensated within the assigned pay grade based on factors including qualifications, experience, performance, internal equity, budgetary considerations, and applicable City policies. The City Council shall adopt and maintain a compensation plan establishing pay grades and salary ranges for all authorized positions. The Human Resources Director shall administer the compensation plan and may recommend modifications as necessary to maintain competitiveness, equity, and operational effectiveness. The City Manager shall review compensation recommendations and submit proposed changes to the City Council for consideration and approval when required. Compensation decisions shall be made in accordance with applicable laws, the City's compensation plan, and established personnel policies. Placement within a pay grade, promotional increases, reclassifications, acting assignments, and other compensation actions shall be administered in accordance with the applicable provisions of this Personnel Manual. The City shall periodically review its classification and compensation system to ensure that positions remain appropriately classified and compensated. A comprehensive classification and compensation study shall generally be conducted every three (3) to five (5) years, or more frequently as determined by the City Manager, Human Resources Director, or City Council based on market conditions, organizational changes, recruitment and retention challenges, budgetary considerations, or other operational needs. Nothing in this policy shall be construed as creating a contractual right to a salary increase, adjustment, or compensation action. All compensation actions remain subject to budgetary approval and the authority of the City Council and City Manager as provided by law and City policy. 88 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Compensation Adjustments Policy Number: 106.7 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Compensation Adjustments Employees may be eligible for compensation adjustments based on factors determined by the City, including performance, market conditions, internal equity, classification changes, budgetary considerations, and other operational needs. Performance-based compensation adjustments, if approved, shall be administered in connection with the City's annual performance evaluation process. Eligibility for and receipt of a performance evaluation does not guarantee a salary increase. The Human Resources Department shall administer the annual compensation review process and may provide recommendations regarding compensation adjustments. Any compensation adjustments shall be subject to available funding, budgetary approval, and authorization by the City Manager and City Council, as applicable. Compensation adjustments shall be implemented in accordance with the adopted budget and compensation plan. The amount and timing of any salary increase shall be determined by the City based on organizational needs, available resources, employee performance, and other relevant factors. 89 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Recording Your Time Policy Number: 106.8 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Recording Your Time All employees are required to accurately record and report all hours worked using the City's designated timekeeping system. Employees are responsible for ensuring that all-time records are complete, accurate, and submitted in accordance with established payroll procedures. Non-exempt employees must accurately record the time they begin, and end work each day, meal periods, unpaid breaks, and any other periods during which they are relieved of work duties. Employees must also accurately report all leave usage, including vacation, sick leave, holiday leave, bereavement leave, jury duty leave, military leave, leave without pay, and any other authorized absence. Employees approved for telework or alternative work arrangements remain subject to all City timekeeping requirements and must accurately record all hours worked. Employees may not: A. Falsify, alter, misrepresent, or omit time worked or leave taken; B. Record time for another employee or permit another employee to record time on their behalf; C. Work unauthorized overtime or off-the-clock hours; D. Fail to accurately report all hours worked; or E. Tamper with, manipulate, or improperly access the City's timekeeping system or records. Employees are responsible for reviewing and certifying the accuracy of their time records prior to submission. Supervisors are responsible for reviewing, approving, and verifying employee time records for accuracy and compliance with City policies. Corrections to time records must be documented and approved by the employee's supervisor in accordance with established payroll procedures. All-time record modifications shall be maintained within the City's payroll or timekeeping system and are subject to audit and review. Falsification of time records, unauthorized alteration of timekeeping information, payroll fraud, or any other violation of this policy is considered a serious offense and may result in disciplinary action, up to and including termination of employment. 90 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Pay Period Policy Number: 106.9 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Pay Procedures The City shall establish and maintain payroll schedules for employees as determined by the City. Employees will be paid in accordance with the payroll schedule applicable to their position or department. Employees are encouraged to enroll in direct deposit. Electronic pay statements will be made available through the City's designated payroll or Human Resources Information System (HRIS). Employees are responsible for reviewing their pay statements and leave balances for accuracy upon receipt. Any employee who believes there is an error in his or her pay, leave balance, deductions, or other payrollrelated matter must promptly notify his or her supervisor and the Human Resources or Finance Department. When a scheduled payday falls on a holiday or other day when City offices are closed, employees will generally be paid on the preceding business day or as otherwise determined by the City. Payroll advances will not be provided except as required by law or approved by the City Manager under extraordinary circumstances. The City reserves the right to correct payroll errors, overpayments, underpayments, and administrative mistakes in accordance with applicable law and City procedures. Questions regarding compensation, deductions, direct deposit, payroll processing, or leave balances should be directed to the Human Resources or Finance Department. 91 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Special Compensation Policy Number: 106.10 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Special Compensation The City may provide special compensation in limited circumstances when employees are required to perform work, assume responsibilities, or remain available for service beyond their regularly assigned duties or work schedules. Special compensation is subject to applicable laws, budgetary constraints, and approval requirements established by the City. Special compensation shall not be considered part of an employee's base salary and shall not create an entitlement to future payments. The Human Resources Director shall administer special compensation programs and may establish procedures and forms necessary for implementation. All special compensation payments are subject to budgetary approval and authorization by the City Manager or designee. Holiday Premium Pay Non-exempt employees who are required and authorized to work on an official City holiday shall receive compensation at one and one-half (1.5) times their regular rate of pay for all hours actually worked on the holiday. Holiday premium pay shall apply only to hours actually worked on the designated holiday and shall not apply to holiday leave hours, paid leave hours, or other non-worked hours. Exempt employees are not eligible for holiday premium pay unless specifically authorized by the City Manager. Nothing in this policy shall be construed as guaranteeing employees the right to, nor approval of, work on a holiday. Department Directors may schedule employees to work on holidays as necessary to meet operational needs and maintain essential City services. On-Call Status Pay Certain positions may be designated by the City as eligible for on-call assignments when operational needs require employees to be available to respond to emergencies, service interruptions, public safety concerns, weather events, utility failures, or other business needs outside of their regular work schedule. Employees assigned to on-call status shall receive an on-call stipend of ten dollars ($10.00) per day for each day they are officially designated and authorized to be on call. Employees assigned to on-call status must: A. Remain fit for duty and able to perform assigned responsibilities; 92 B. Be reachable by telephone or other designated communication methods; C. Respond to calls, messages, or notifications within the time period established by the department; and D. Report to work or otherwise respond when directed. The on-call stipend compensates employees for their availability and does not constitute compensation for hours worked. Non-exempt employees who are required to perform work while on call shall be compensated for actual hours worked in accordance with the Fair Labor Standards Act (FLSA) and applicable City policies. Any applicable overtime shall be calculated based on hours worked. On-call assignments must be approved by the Department Director and administered in accordance with departmental procedures. The City reserves the right to modify, suspend, or discontinue on-call assignments based on operational needs. Failure to comply with on-call requirements may result in removal from on-call assignments and may subject the employee to disciplinary action. Additional Compensation for Supplemental Duties The City may authorize additional compensation when an employee performs duties that are substantially beyond, separate from, or in addition to the employee's regularly assigned responsibilities. Additional compensation is intended to address temporary operational needs and does not constitute a promotion, reclassification, or permanent adjustment to an employee's base salary. Prior to performing supplemental duties for additional compensation, the employee must receive written approval from the Department Director, Human Resources Director, and City Manager. Additional compensation may be approved when: A. The employee performs work for another department outside of the employee's regular work schedule and outside the normal scope of assigned duties; B. The employee performs duties that are separate and distinct from the employee's regular position and are associated with another job classification; C. The employee performs temporary project-based work, special assignments, training responsibilities, emergency assignments, or other duties determined by management to warrant additional compensation; or D. The City determines that temporary operational needs require supplemental staffing and the use of existing employees is more practical than hiring temporary personnel. The rate of additional compensation shall be determined by Human Resources and approved by the City Manager based upon the nature of the work, the applicable pay grade, internal equity considerations, and budgetary constraints. Additional compensation shall not exceed five hundred (500) hours within a calendar year without the approval of the City Manager. 93 A Personnel Action Form or other documentation prescribed by Human Resources must be completed and approved before additional compensation may be paid. Payments shall be processed through the City's payroll system in accordance with established payroll procedures. Nothing in this policy guarantees the availability of supplemental work or additional compensation opportunities. Retroactive Pay Adjustments Retroactive pay adjustments shall generally be limited to four (4) pay periods preceding the date the adjustment is approved and processed. Retroactive pay may be approved when necessary to correct administrative errors, payroll processing errors, approved personnel actions, compensation adjustments, reclassifications, promotions, acting assignments, or other employment actions authorized by the City. Retroactive pay exceeding four (4) pay periods may be approved only by the City Manager upon recommendation of the Human Resources Director when extenuating circumstances exist. Retroactive pay shall not ordinarily be granted due to delays in submitting performance evaluations, personnel action forms, payroll documentation, or other required approvals when such delays result from the failure of an employee, supervisor, Department Director, or other responsible party to comply with established procedures and deadlines. Employees, supervisors, Department Directors, Human Resources, and Payroll personnel share responsibility for ensuring that personnel actions, performance evaluations, and payroll-related documents are completed and submitted in a timely manner. Nothing in this policy shall require the City to provide retroactive pay beyond the limitations established herein unless otherwise required by law. 94 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Payroll Deductions Policy Number: 106.11 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Payroll Deductions The City shall make all payroll deductions required by applicable federal and Georgia law. Required deductions may include federal income tax withholding, Medicare withholding, retirement contributions, and other deductions authorized or required by law. The City may also withhold amounts from an employee's earnings pursuant to court orders, tax levies, garnishments, child support orders, or other legally authorized deductions. Employees may authorize voluntary payroll deductions for insurance premiums, retirement plan contributions, deferred compensation plans, supplemental benefits, charitable contributions, or other programs approved by the City. Voluntary deductions shall be made only with the employee's written or electronic authorization and in accordance with applicable laws and plan requirements. Employees are responsible for reviewing their pay statements and promptly reporting any questions or concerns regarding compensation, deductions, leave balances, or payroll processing. Employees who believe an improper deduction has been made from their pay should notify Human Resources or the Finance Department as soon as practicable so the matter may be reviewed. The City shall investigate reported payroll discrepancies and, when appropriate, make corrections in accordance with applicable laws, payroll procedures, and City policy. 95 Chapter 7: Employee Expectations CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Employee Privacy Policy Policy Number: 107.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Employee Privacy Policy It is the City’s policy to respect the privacy of employee personnel and payroll records to the extent possible while at the same time complying with the City’s operational needs and all obligations regarding the public availability of open records and required production of records pursuant to a subpoena, court order, or otherwise. Therefore, absent the consent of the individual involved, a request made under the Georgia Open Records Act, or a subpoena, court order, or other circumstances requiring production, employee personnel and payroll records will only be made available for inspection and review to authorized individuals on a “need-to-know” basis. In addition, an employee will be given access to inspect their own personnel and payroll records upon request and scheduling an appointment at an appropriate time, outside of the employee’s work hours, that is approved by the Human Resources Director. The employee will be charged for any copies requested at the same rate the City charges for copying documents pursuant to an Open Records Request. An employee may request, through their Department Head, the correction, amendment, or supplementation of records that they believe are not accurate, timely, or complete. However, such corrections, amendments, or supplementation are not guaranteed and will only be made at the discretion of the City Manager. 96 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Search and Inspection of City Property Policy Number: 107.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Search and Inspection of City Property Employees shall have no expectation or right of privacy with respect to City facilities, property, and equipment, including computers, desks, cabinets, drawers, and lockers. Employees shall not affix any personal locks to any City facilities, property, and equipment. The City reserves the right to search all City facilities, property, and equipment at any time with or without notice and for any reason, and to search employee personal items that are located or stored in any City facility, property, and equipment for workrelated reasons, upon reasonable suspicion for such reasons. Please also refer to the City’s Technology Policy. 97 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Standard of Conduct Policy Number: 107.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Standard of Conduct Employees are expected to conduct themselves in a professional, ethical, lawful, and responsible manner at all times. Conduct that interferes with City operations, negatively impacts public trust, creates safety concerns, violates City policies, or otherwise fails to meet the standards expected of City employees may result in corrective action or disciplinary action, up to and including termination of employment. The examples below are illustrative and are not intended to be all-inclusive. The City reserves the right to determine the appropriate level of corrective or disciplinary action based on the circumstances of each situation. Examples of misconduct include, but are not limited to: Attendance and Dependability A. Excessive absenteeism, tardiness, or unauthorized departures from work; B. Improper use, abuse, or falsification of leave benefits; C. Failure to report to work as scheduled or failure to follow established attendance procedures. Performance and Accountability A. Inefficiency, negligence, incompetence, or unsatisfactory job performance; B. Failure to perform assigned duties or follow reasonable work instructions; C. Failure to complete required training, certifications, or job-related requirements; D. Refusal to accept reasonable work assignments. Professional Conduct A. Discourteous, disrespectful, disruptive, threatening, intimidating, harassing, or abusive conduct toward the public, elected officials, coworkers, supervisors, vendors, or others; B. Conduct that reflects negatively on the City or undermines public confidence in City government; C. Misuse of authority, position, or City resources; D. Violation of departmental rules, policies, procedures, or lawful directives. Integrity and Ethics A. Dishonesty, fraud, theft, misrepresentation, falsification of records, payroll documents, reports, applications, time records, or other official documents; B. Misappropriation or unauthorized use of City funds, equipment, vehicles, property, technology, or resources; C. Acceptance of gifts, favors, gratuities, or other benefits in violation of City policy; 98 D. Conflicts of interest or violations of the City's Ethics Ordinance. Confidentiality and Information Security A. Unauthorized disclosure, removal, alteration, destruction, or misuse of confidential, sensitive, or protected information; B. Sharing passwords, granting unauthorized access to City systems, or compromising information security. Safety and Workplace Conduct A. Violation of safety rules or creating unsafe working conditions; B. Fighting, workplace violence, horseplay, or other conduct that endangers individuals or property; C. Possession, use, sale, distribution, or being under the influence of alcohol, illegal drugs, or controlled substances in violation of City policy; D. Refusal to comply with authorized drug or alcohol testing requirements. Legal and Regulatory Compliance A. Criminal conduct that adversely affects the employee's ability to perform assigned duties or the City's reputation; B. Operating a City vehicle or conducting City business without required licenses, certifications, or authorizations; C. Violation of applicable federal, state, or local laws related to employment or job responsibilities. Nothing in this policy limits the City's ability to address misconduct not specifically identified above. The City reserves the right to determine the appropriate corrective or disciplinary action based on the nature and severity of the conduct, the employee's work history, and the circumstances of each case. 99 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Corrective Action and Discipline Policy Number: 107.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Corrective Action and Discipline The purpose of corrective action and discipline is to promote positive employee performance, ensure compliance with City policies and expectations, maintain operational effectiveness, and provide quality service to the public. Corrective action is intended to address performance deficiencies, misconduct, attendance concerns, policy violations, and other workplace issues in a fair, consistent, and constructive manner. The City encourages supervisors to address concerns promptly through coaching, counseling, training, and performance management whenever appropriate. However, the City may impose corrective action when necessary to address misconduct, policy violations, safety concerns, performance deficiencies, or other inappropriate conduct. The City generally follows a system of progressive discipline; however, the City reserves the right to determine the appropriate level of corrective action based on the nature and severity of the offense, the employee's work history, prior disciplinary record, operational impact, safety considerations, and other relevant circumstances. Nothing in this policy requires the City to apply corrective actions in any particular order or to utilize every step of the progressive discipline process. Serious misconduct may result in immediate suspension, demotion, or termination without prior disciplinary action. Corrective action may include, but is not limited to: A. Coaching or counseling; B. Verbal warning; C. Written warning; D. Final written warning; E. Performance Improvement Plan (PIP); F. Suspension with or without pay, as permitted by law; G. Demotion; H. Reduction in compensation; I. Termination of employment. 100 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Progressive Discipline Procedures Policy Number: 107.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Progressive Discipline Procedures When appropriate, the City may utilize the following progressive discipline process: Step 1 – Coaching and Counseling Supervisors are encouraged to address minor performance or conduct issues through informal coaching, counseling, instruction, training, or corrective guidance. Coaching discussions may be documented and maintained by the supervisor. Step 2 – Verbal Warning If a problem continues or if circumstances warrant, the supervisor may issue a verbal warning outlining the concern, expected improvement, and consequences of continued deficiencies. Documentation of the verbal warning may be maintained in supervisory files and by Human Resources. Step 3 – Written Warning A written warning may be issued when performance or conduct concerns persist or when the seriousness of the matter warrants formal disciplinary action. The written warning shall identify the issue, expected corrective action, and consequences for future violations. Human Resources shall maintain a copy in the employee’s personnel file. Step 4 – Final Written Warning or Performance Improvement Plan The City may issue a final written warning or place the employee on a Performance Improvement Plan (PIP) specifying performance expectations, timelines, required improvements, and consequences for failing to meet expectations. Human Resources shall maintain a copy of such a warning or plan in the employee’s personnel file. Step 5 – Suspension, Demotion, Reduction in Compensation, or Termination When warranted, the City may impose suspension, demotion, reduction in compensation, or termination of employment. Before imposing suspension, demotion, reduction in compensation, or termination, the City shall generally provide the employee notice of the proposed action and an opportunity to respond, unless immediate action is necessary to protect public safety, City operations, City property, or the interests of the City. The Human Resources Director shall review all disciplinary actions involving suspension, demotion, reduction in compensation, or termination before implementation whenever practicable. 101 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Disciplinary Appeal Procedure Policy Number: 107.6 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Disciplinary Appeal Procedure Regular employees who are suspended, demoted, involuntarily reduced in compensation, or terminated may appeal the disciplinary action. An employee seeking to appeal a disciplinary action must submit a written appeal to the Human Resources Director within five (5) business days of receiving notice of the disciplinary action. The appeal shall identify the disciplinary action being challenged and the basis for the appeal. Upon receipt of an appeal, Human Resources shall review the matter and schedule an appeal meeting or hearing with the appropriate management representative, hearing officer, or review panel designated by the City Manager. The employee shall have the opportunity to present information, documentation, and relevant facts supporting the appeal. Following review of the appeal, a written decision shall be issued by the Human Resources Director. The decision shall affirm, modify, or overturn the disciplinary action. Unless otherwise required by law, the decision issued through the disciplinary appeal process shall be final and binding. Nothing in this policy alters the at-will employment status of employees or creates a contractual right to continued employment. 102 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Bulletin Boards/Solicitation & Distribution Policy Number: 107.7 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Bulletin Boards / Solicitation & Distribution Bulletin Boards are provided for official City business, announcements, holiday notices, job openings, policies, and procedures. Any posting on bulletin boards shall only be upon written authorization by the City Manager. Employees should periodically check the boards for updates or new announcements. Bulletin boards shall not be used to post commercial or political advertising or any other activity, meetings, or announcements unless sponsored by the City. It is the City’s policy to forbid all solicitation for contributions, membership in clubs or organizations, signatures for petitions or the sale of consumer products, or other outside business on City premises. An exception is made for City-approved charitable endeavors. The City may also choose to recognize charitable drives as a community-backed effort. To avoid unnecessary annoyances and interruptions during the workday, employees may not solicit other employees on the premises. Distribution of literature by employees is prohibited at all times on City premises. Non-employees may not solicit for any purpose or engage in distribution of any literature or commercial goods of any kind in work areas at any time. 103 Chapter 8: Employee Benefits CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Employee Benefits Policy Number: 108.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Employee Benefits Purpose The City of Stockbridge is committed to providing a competitive benefits package designed to support the health, well-being, and financial security of eligible employees and their families. Eligibility Eligibility for benefits is determined by employment status, position classification, and applicable plan requirements. Employees are responsible for completing enrollment requirements within established deadlines. Health and Wellness Benefits Eligible employees may participate in medical, dental, vision, prescription drug, wellness, and other healthrelated benefit programs offered by the City. Income Protection Benefits The City may provide or make available life insurance, disability insurance, and other income protection benefits for eligible employees. Voluntary Benefits Eligible employees may elect to participate in voluntary benefit programs offered through the City, subject to applicable plan provisions and employee contributions. Leave Benefits The City provides eligible employees with various leave benefits. Employees should refer to Chapter 9, Types of Leave, for specific provisions, eligibility requirements, and administration of leave programs. Retirement Benefits The City offers retirement benefits to eligible employees in accordance with applicable retirement plans and policies. Please see the Pension Policy for additional information regarding retirement benefits, eligibility requirements, participation, and plan provisions. Social Security and Medicare The City of Stockbridge participates in a qualified retirement system in lieu of Social Security retirement participation. As a result, employees do not contribute to the Social Security retirement program through payroll deductions. Employees remain subject to Medicare tax withholding as required by federal law. 104 Benefit Plan Administration All benefits are subject to the terms, conditions, limitations, and exclusions contained in applicable plan documents, insurance contracts, policies, and governing regulations. In the event of a conflict between this policy and an official plan document, the official plan document shall control. The City reserves the right to amend, modify, suspend, or terminate any benefit program, contribution, or plan at any time, subject to applicable law. 105 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Tuition Reimbursement Program Policy Number: 108.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Tuition Reimbursement Program The City encourages employee development and lifelong learning by providing tuition reimbursement opportunities for eligible employees pursuing education that enhances their current job performance, supports career development within the City, or prepares employees for future organizational needs. Tuition reimbursement is subject to annual budgetary appropriations and available funding and is not a guaranteed employee benefit. Eligibility To be eligible for tuition reimbursement, an employee must: A. Be a regular full-time employee; B. Have successfully completed the introductory period; C. Be in good standing and maintain satisfactory job performance; and D. Obtain all required approvals before enrolling in the course or program. Eligible Coursework Coursework must: A. Be related to the employee's current position, career path, professional development, or anticipated future opportunities within the City; B. Be part of a vocational certificate, technical certification, associate degree, bachelor's degree, or master's degree program; C. Be offered through an accredited vocational school, technical school, college, or university recognized by the U.S. Department of Education or other accrediting authority acceptable to the City; D. Be completed while the employee remains actively employed by the City; and E. Not interfere with the employee's work schedule or job performance. Doctoral degree programs are not eligible for reimbursement unless specifically approved by the City Manager. Reimbursement Amounts The City may reimburse eligible expenses for tuition, required textbooks, and mandatory course fees. The following expenses are not eligible for reimbursement: • Application fees; • Registration fees; 106 • Parking fees; • Travel expenses; • Technology fees; • Computer hardware or software; • Supplies, equipment, or materials; and • Any other expenses not specifically approved by the City. Employees must successfully complete the course with a grade of "C" or better for undergraduate coursework or meet the minimum academic standards established by the educational institution for graduate-level coursework. The maximum reimbursement available shall be five thousand dollars ($5,000) per employee per fiscal year, subject to available funding and budget approval. The City shall not reimburse expenses paid by scholarships, grants, veterans' benefits, employer-sponsored educational assistance programs, or other third-party funding sources. Reimbursement shall be limited to the employee's actual out-of-pocket eligible expenses. Approval Process Employees seeking tuition reimbursement must submit a Tuition Reimbursement Request Form and obtain approval from: A. The Department Director; B. The Human Resources Director; and C. The City Manager or designee. Approval must be obtained before the start of the course or program. To receive reimbursement, employees must submit: A. Proof of successful course completion; B. Official grade documentation; C. Receipts for eligible expenses; and D. Documentation of any grants, scholarships, or other educational assistance received. Employees must submit all documentation within thirty (30) days of course completion unless Human Resources approves an extension. Repayment Obligation Employees who voluntarily resign or retire within twelve (12) months of receiving tuition reimbursement shall reimburse the City for the tuition reimbursement received during the preceding twelve (12) months. Repayment shall be calculated on a prorated basis based upon the number of months remaining in the twelve-month commitment period. 107 To the extent permitted by law, employees authorize the City to deduct any repayment obligation from their final paycheck, accrued leave payout, or other amounts owed by the City. Any remaining balance shall be due and payable to the City and may be subject to collection efforts. 108 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Employee Referral Incentive Program Policy Number: 108.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Employee Referral Incentive Program The City recognizes that current employees are often an excellent source of qualified candidates. The Employee Referral Incentive Program is intended to encourage employees to assist in recruiting talented individuals for City employment opportunities. The Employee Referral Incentive Program is subject to annual budget approval and may be modified, suspended, or discontinued at any time by the City. Eligibility All regular full-time and part-time employees are eligible to participate in the Employee Referral Incentive Program unless otherwise prohibited by this policy. The following individuals are not eligible to receive referral incentives: A. Human Resources employees involved in the recruitment process; B. Hiring managers and supervisors responsible for filling the vacancy; C. Department Directors for positions within their department; D. Temporary employees, interns, contractors, or volunteers. Referral Incentive Employees who refer a candidate who is subsequently hired into a regular full-time position may be eligible to receive a referral incentive of five hundred dollars ($500). Employees who refer a candidate who is subsequently hired into a regular part-time position may be eligible to receive a referral incentive of two hundred and fifty dollars ($250). The referral incentive shall be paid after the referred employee successfully completes the introductory period and remains actively employed by the City. The referring employee must also remain actively employed by the City at the time the incentive is paid. Referral Process To qualify for the incentive: A. The referring employee must submit a Referral Incentive Form to Human Resources before or at the time the candidate applies; B. The candidate must identify the referring employee on the employment application; and C. Human Resources must be able to verify the referral. 109 Only one referral incentive may be paid per hired employee. If multiple employees refer the same candidate, the first documented referral received by Human Resources shall be recognized. Payment and Administration Referral incentives shall be processed through payroll and are subject to applicable tax withholdings. Human Resources shall determine eligibility for referral incentives and administer the program. Program Administration The City reserves the right to approve, deny, modify, suspend, or discontinue referral incentives at any time based on operational needs, recruitment objectives, or budgetary considerations. Nothing in this policy creates a contractual right to a referral incentive or guarantees employment for any applicant. 110 Chapter 9: Types of Leave CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Holidays Policy Number: 109.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Holidays The City observes the following holidays during the year: New Year’s Day Martin Luther King, Jr. Day Good Friday Memorial Day Juneteenth Day Independence Day Labor Day Veterans Day Thanksgiving Friday after Thanksgiving Christmas Eve Christmas Day New Year’s Eve January 1 Third Monday in January Friday before Easter Sunday Last Monday in May June 19 July 4 First Monday in September November 11 Fourth Thursday in November Friday after Thanksgiving December 24 December 25 December 31 Observation of Holidays Holidays are observed as non-workdays with pay only when proclaimed for observance by the Mayor and Council. Holidays that occur on a Saturday will normally be proclaimed for observance on the preceding Friday. Holidays that occur on a Sunday will normally be proclaimed for observance on the following Monday. An employee who works on statutory holidays not proclaimed and observed as a non- workday with pay and resigns or separates before the Mayor and Council authorizes a compensatory non-workday is not entitled to compensation for that statutory holiday. An employee required to work on a day proclaimed as a holiday, or an employee whose normal time off occurs on a day proclaimed as a holiday, shall be compensated for the work or granted equivalent time off. An employee who separates or is separated from employment with the City shall be paid for any equivalent time off not utilized prior to separation. 111 A regular part-time employee shall not receive additional compensation or time off for a holiday which occurs on a regularly scheduled off day. An employee may not be granted holiday pay in advance of the declaration and observance of such holiday. A regular part-time employee will receive payment if the holiday falls on their regular scheduled workday. An employee shall be paid for a holiday or unanticipated non-workday only if the employee is in pay status the full scheduled work shifts the calendar day before or after the holiday; however, the compensation of an employee who is separating from employment in order to receive benefits under the retirement system shall not be reduced by such requirement. An employee shall not be paid for a holiday if the employee is separating from service and the holiday is in a different calendar year. An employee shall not be paid for a holiday if the employee enters, or reenters service the calendar day following the holiday. Requests to Observe Other Religious Holidays An employee who requests time away from work to observe religious holidays not proclaimed by the Mayor and Council, shall be given priority consideration. Requests for priority consideration to observe religious holidays shall be made at least seven (7) days in advance and are limited to three (3) workdays in each calendar year Any paid time for such religious holiday observance shall be charged to accrued annual leave available to the employee at the time of the holiday observance. A request by an employee for time away from work shall not be denied unless (a) the employee does not have adequate accrued annual leave to cover such period of absence; or (b) the duties performed by the employee are urgently required, and the employee is the only person available who can perform the duties. 112 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Leave and Attendance Administration Policy Number: 109.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Leave and Attendance Administration Purpose The purpose of this policy is to establish consistent guidelines for attendance, leave accrual, leave usage, leave requests, and leave administration for City of Stockbridge employees. Regular attendance and punctuality are essential to the efficient operation of City services and the accomplishment of departmental objectives. Employees are expected to report to work as scheduled, on time, and prepared to perform their assigned duties. Excessive absenteeism, abuse of leave benefits, unauthorized absences, chronic tardiness, or failure to comply with attendance requirements may result in corrective action, up to and including termination. Eligibility Eligible full-time employees who are in pay status for forty (40) hours or more during a pay period shall accrue annual and sick leave at the end of the pay period. Full-time employees in pay status for fewer than forty (40) hours during a pay period shall not accrue leave for that pay period. Eligible part-time employees who are regularly scheduled to work twenty (20) or more hours per week may accrue annual and sick leave on a prorated basis in accordance with City policy. The following employees are not eligible to accrue annual or sick leave unless otherwise required by law: • • • • • Temporary employees; Seasonal employees; Intermittent employees; Part-time employees regularly scheduled to work fewer than twenty (20) hours per week; and Employees appointed for a limited duration anticipated to last less than nine (9) months. Employee Responsibilities Employees are responsible for accurately recording time worked and leave used in the City's designated timekeeping system. Employees requesting annual leave should submit requests as far in advance as practicable and no less than two (2) business days before the requested leave date whenever possible. Employees who are absent due to illness, injury, emergency, or other unforeseen circumstances shall notify their supervisor in accordance with departmental procedures as soon as practicable and no later than one hour before the start of their shift. 113 Employees are responsible for obtaining approval for leave, providing required documentation, and complying with all attendance and leave procedures. Supervisor Responsibilities Supervisors are responsible for administering leave consistently, monitoring attendance, maintaining adequate staffing levels, and ensuring compliance with City policies. Leave requests should be reviewed and approved or denied within two (2) business days whenever practicable. In situations involving extended absences where an employee is unable to enter leave into the City's timekeeping system, the supervisor may submit leave on the employee's behalf and maintain appropriate documentation. Supervisors shall ensure that all leave transactions are accurately recorded and approved within established payroll processing deadlines. Leave Approval Leave is a benefit provided by the City and is subject to operational needs and supervisory approval. Whenever possible, leave requests should be approved before the absence occurs. Approval of leave requests may be based upon staffing levels, operational requirements, workload demands, employee leave balances, and other business considerations. The Human Resources Director may establish additional leave administration procedures and forms as necessary to ensure consistent application of this policy. Attendance Expectations Each Department Director, manager, and supervisor is responsible for monitoring employee attendance and addressing attendance concerns in a timely and consistent manner. Frequent absences, unauthorized leave, excessive tardiness, abuse of leave benefits, failure to follow attendance procedures, or patterns of attendance issues may result in corrective action, up to and including termination of employment. Attendance records shall be maintained through the City's payroll and timekeeping systems and shall serve as the official record of employee attendance and leave usage. 114 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Accrual of Annual Leave Policy Number: 109.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Accrual of Annual Leave Rate of Accrual – Eligible full-time employees shall earn leave as follows: Years of Service 0–5 6 – 10 11 – 15 16 – 20 21 + Days Per Year 14 18 22 26 30 Hours Per Pay Period* 4.31 5.54 6.77 8.00 9.23 An employee shall begin accruing at the advanced rate the month following completion of the required months of service. Use of Annual Leave – Annual leave should be requested in a timely manner. No employee shall be granted use of sick or annual leave before such leave has been earned. Unpaid Personal Leave of Absence – An employee who is absent after all sick leave and annual leave has been exhausted shall be placed on Family or Medical Leave without Pay, leave without Pay, or released. This leave may be granted to regular full- and part-time employees Unpaid personal leave is limited to one per year. Upon expiration of all accrued annual leave, requests for unpaid personal leave must be made in writing to the employee’s department manager, with a copy to the Human Resources Director, and should indicate the reason and the length of leave requested. Upon approval, such leave of absence shall be granted as Leave without Pay (LWOP). The employee’s right to return at the expiration of the leave shall be contingent upon there being a suitable vacancy available as specified at the time the leave is granted. Procedure for returning from unpaid personal leave – An employee who has been granted an unpaid personal leave of absence shall give the department manager reasonable notification of the intent to return to work at least two weeks prior to the return date. Upon receiving notification of the employee’s availability, the supervisor or department head will arrange to have the employee reinstated to the employee’s previous position, if available. If the previous position is no longer available, the employee may be considered for other open positions for which the employee is qualified as they become available. If no position exists, the employee will remain on unpaid leave status until a suitable opening develops. If such an opening does not occur within a sixty (60) day period, any obligation to reinstate the employee is 115 discontinued and the employee’s leave status is changed to a voluntary termination. Future reemployment would be as a rehire with only legally required reinstatement of applicable benefits. 116 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Carry Over of Annual Leave Policy Number: 109.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Carry Over of Annual Leave Annual leave shall be cumulative for not more than two hundred forty (240) hours. The maximum balance of annual leave that may be carried forth to the next month is two hundred forty (240) hours. All annual leave in excess of two hundred forty (240) hours will be forfeited upon each employee’s anniversary date. 117 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Prior Accrued Leave Policy Number: 109.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Prior Accrued Leave Annual days accrued under the former PTO days will replace paid time off allotted under prior City policies. All PTO will be converted to annual leave and sick days, into an equivalent amount of upon adoption of this manual effective January 1, 2017. 118 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Annual Leave Pay Out Policy Number: 109.6 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Annual Leave Pay Out Payment for accrued and unused annual leave up to two hundred forty (240) hours may be made on the pay period following the employee’s last pay period in pay status provided the employee separates in good standing. 119 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Jury, Civil and Election Leave Policy Number: 109.7 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Jury, Civil and Election Leave An employee shall be given time off without loss of pay when performing jury duty or when subpoenaed to appear before a court, public body, or commission in connection with City business. Employees must provide notice of jury summons or subpoena and should plan with their supervisor as soon as a summons or subpoena is received. Employees are expected to promptly return to work if they are excused from jury duty or appear for testimony during their regular working hours. Employees are encouraged to exercise their right to vote. Employees also may be given up to two (2) hours of unpaid leave to vote on the day of an election. However, such leave may only be taken during the hours specified by your Department Head. This provision does not apply to employees whose hours of work begin at least two (2) hours after the polls open or end at least two (2) hours before the polls close. 120 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Bereavement Leave Policy Number: 109.8 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Bereavement Leave Upon approval by the Department Head, bereavement leave up to three (3) consecutive working days per calendar year will typically be granted with pay for an employee’s absence from duty in the event of death in the immediate family, as defined below. Bereavement leave will be granted for the death of any of the following persons: spouse, parent, child or stepchild, sibling, grandparent, grandchildren, or any of the above-listed members of the employee’s current spouse’s family, or any person who is domiciled in the employee’s household. Employees must be scheduled to work during the time they are off for bereavement leave. Any additional approved time off will be taken without pay or may be charged against the employee’s available annual or sick leave. The City reserves the right to deny any request based on operational and staffing needs and further reserves the right to require an employee to document the death of a family member. 121 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Military Leave Policy Number: 109.9 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Military Leave Pay for Military Leave Employees ordered to military duty without their consent shall be paid their salary while performing such duty and while going to and returning from such duty, not to exceed a total of one hundred forty-four (144) hours in any one federal fiscal year and not exceeding one hundred forty-four (144) hours in any one continuous period of such absence. Employees ordered to military duty with their consent shall be paid their salary while performing such duty and while going to and returning from such duty, not to exceed a total of one hundred forty-four (144) hours in any one federal fiscal year and not exceeding one hundred forty-four (144) hours in any one continuous period of such absence only if the period of ordered duty is thirty (30) days or less. Employees ordered to military duty of more than thirty (30) calendar days with their consent shall be granted a leave of absence without pay for the entire period of such duty as required by law. Employees who are absent from work due to orders received to report for any pre- induction or other examination to determine physical or other fitness for service in the armed forces of the United States, may request the use of accrued annual or personal leave. An employee who does not desire to use accrued leave for this purpose, may be granted a leave of absence without pay for the period of the absence. In the event the Governor declares an emergency and orders an employee to Active Duty as a member of the National Guard, the employee shall be paid his or her salary while performing such duty not to exceed two hundred forty (240) hours in any one federal fiscal year and not exceeding two hundred forty (240) hours in any one continuous period of such State Active-Duty service. An employee whose work schedule is established as less than forty (40) hours per week shall be eligible for paid leave prorated upon the employee’s normal work schedule. Employees ordered to military duty who exceed one hundred forty-four (144) hours may elect to use annual, personal, and compensatory time in lieu of leave without pay. Employment Reinstatement 122 Employees who are called to active duty have a right to reemployment after their tour of duty is finished as long as their duty time does not exceed five (5) years, including any previous active duty. Time during which an employee is absent shall not constitute an interruption of continuous employment. 123 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Sick Leave Policy Number: 109.10 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Sick Leave All eligible full-time employees compensated weekly and bi-weekly earn sick leave at a rate of two (2) to four (4) hours per pay period regardless of length of service. Sick leave is not transferable to annual leave. Limitation of Accrual Sick leave shall be cumulative for not more than four hundred eighty (480) hours. The maximum balance of sick leave that may be carried forth to the next month is four hundred eighty (480) hours. All sick leave in excess of 480 hours will be forfeited at the end of the month in which it is accrued. Use of Sick Leave Sick Leave may be used upon approval of the unit supervisor or the supervisor’s designee for absences due to the following circumstances: • • • • • • Personal illness or disability Absences necessitated by employee’s exposure to contagious disease where the health of others would be endangered Personal dental or medical care Illness or accident in employee’s immediate family which requires the employee’s presence Dental or medical care in employee’s immediate family which requires the employee’s presence; or Death in employee’s family that is not otherwise defined under bereavement leave. Sick leave may be used in the amount necessitated by the circumstances. Personal Illness During a Period of Annual Leave If an employee is ill for three (3) workdays or more during a period of annual leave, the period of illness may be charged to sick leave upon presentation of satisfactory written evidence. The charges against annual leave shall then be reduced accordingly, provided that the request for substitution of sick leave for annual leave is submitted to the Human Resources Office within two (2) weeks after the employee has returned to duty. No substitution of sick for annual leave is permitted for illness of a family member, nor is substitution allowed for any employee illness of less than three (3) workdays. Sick Leave Exhausted 124 If an employee is absent because an illness extends beyond the sick leave accrued to the employee, the absence will be charged to accrued annual leave, if available. Otherwise, the time will be without pay. No request is necessary. Compensable Injury or Disease An employee shall not be allowed to use accrued leave for absences due to an accidental injury or occupational disease which is compensable under the Georgia Workers’ Compensation Act, until the employee elects in writing to use accrued leave in lieu of workers’ compensation benefits. The leave granted for such purpose shall be credited on a day-for-day basis as compensation against any indemnity award by the State Board of Workers’ Compensation. A written election to use accrued leave in lieu of workers’ compensation benefits may be executed prospectively. Sick Leave or Disability Leave Without Pay Documentation: Employees are required to submit a statement from an attending physician certifying the period of expected illness or disability for use of three (3) continuous days or more of sick leave or disability leave without pay. Upon advance notice to the employee, the authorizing supervisor may require satisfactory evidence for use of any amount of sick leave; however, such evidence will not be required for use of less than fifteen (15) hours of sick leave in any thirty (30) day period unless the employee has demonstrated excessive or abusive use of sick leave. Excessive or abusive use of sick leave is defined as a pattern of intermittent, short-term usage. Establishment of this pattern includes but is not limited to the following indicators: • • • • • • • Frequent use of sick leave in conjunction with holidays, scheduled off days, or distribution of paychecks. Frequent use of sick leave when scheduled for undesirable temporary shifts or assignments, or during periods of peak workloads. Requested sick leave for an absence for which annual leave has previously been denied. Frequent occurrences of illness during the workday. Peculiar and increasingly improbable excuses. Repetitive use of less than fifteen (15) hours of sick leave in thirty (30) day periods. Prior written notification of failure to adhere to procedures for approval of leave, inappropriate attendance, or inappropriate use of leave. If a period of certified disability appears to be lengthy, the Human Resources Office may, at its discretion, request a re-certification with a detailed explanation of the length of disability or may request or require a review by an independent physician. 125 An employee who does not submit satisfactory evidence for use of ten (10) days or more of sick leave or disability leave without pay, or for use of any amount of sick leave when notified in advance that evidence is required may be placed on Unauthorized Absence. An employee may be separated as if voluntarily resigned after five (5) consecutive days of unauthorized absence. Conditions for Return to Duty An employee who is absent from duty with or without pay because of illness or disability may be required to supply an appropriate medical release or certification that the employee is able to return to duty. Such a release or certification shall indicate the extent to which the employee is able to perform the essential functions of the employee’s position and may be required as a precondition to the employee’s return to duty. In accordance with the Return-to-Work Program, employees with occupational or non-occupational injuries/illnesses are encouraged to return to work as quickly and safely as possible through the development of a transitional employment plan. An employee who is unable to obtain a medical release or certification to return to duty may request an extension of leave, if applicable, or shall be separated from employment as a voluntary separation. Disability Leave Without Pay An eligible employee who does not have enough sick, or annual l leave to cover a period of disability or illness may request a leave of absence without pay for the period of the disability or illness as certified by the attending physician. Unless the employee is eligible for Family Leave in accordance with the Family Leave Policy, return from such leave of absence without pay shall be contingent upon there being a mutually suitable vacancy at the time the employee is ready to return. The maximum amount of time an employee may be placed on leave of absence without pay is twelve (12) months. Any request for extension beyond the period initially requested by the employee must be in writing in advance and supplemented by an additional certification of disability. If an employee does not return to duty at the expiration of an approved leave of absence, whether due to the employee’s action or due to the lack of a mutually suitable vacancy, the employee shall be released from employment as voluntary separation. 126 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Paid Time Off (PTO) Sell-Back Policy Number: 109.11 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Paid Time Off (PTO) Sell-Back The City may allow eligible employees to voluntarily sell back a portion of their accrued Paid Time Off (PTO) balance, subject to available funding and administrative approval. Eligibility Regular full-time employees who have successfully completed their introductory period and maintain a satisfactory performance record may request to sell back accrued PTO. To be eligible, an employee must maintain a minimum accrued PTO balance of eighty (80) hours after the sellback is processed. Maximum Sell-Back Amount Eligible employees may request payment for up to forty (40) hours of accrued PTO per calendar year. Unused sell-back eligibility may not be carried forward to future years. Compensation Approved PTO sell-back hours shall be paid at the employee's regular base rate of pay in effect at the time of payment. PTO sell-back payments shall not be calculated using acting pay, interim assignment pay, special compensation, overtime rates, or any other premium pay. All applicable taxes and payroll deductions shall be withheld as required by law. Approval Process Employees requesting PTO sell-back must submit a request in the form prescribed by Human Resources. Requests must be approved by: • The employee's supervisor; • The Department Director; and • Human Resources. Requests must be submitted at least two (2) weeks prior to the applicable payroll processing deadline. Administration PTO sell-back payments shall be processed through the City's regular payroll system and are subject to normal payroll processing schedules. 127 The City reserves the right to modify, suspend, or discontinue the PTO Sell-Back Program at any time based on operational needs, budgetary considerations, or other business factors. The City Manager may approve exceptions to this policy when extraordinary or extenuating circumstances exist, and/or such approval is determined to be in the best interests of the City. 128 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Family and Medical Leave Act (FMLA) Policy Number: 109.12 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Family and Medical Leave Act (FMLA) The Family and Medical Leave Act of 1993 (FMLA) provides unpaid, job-protected leave to eligible employees for certain family and medical reasons, without loss of health insurance benefits. The existence of this Policy shall not alter or expand the statutory requirements of the FMLA, and the application of this Policy is correspondingly limited to those employers and employees who are protected based on the provisions of the FMLA. Request for and Designation of Leave To request FMLA leave, the employee must complete and sign a Request for Family and Medical Leave form and submit it to the Human Resources Director. When the need for FMLA leave is foreseeable, the employee must provide notice and submit the Request for Family and Medical Leave form at least thirty (30) calendar days in advance of the effective date of the leave. If thirty (30) days’ notice is not practicable (such as if the employee is uncertain as to when the leave will begin or in the case of a medical emergency), the employee must provide notice as soon as practicable. If the need for leave is not foreseeable or in the case of a qualifying exigency, the employee must give the City notice of the need for FMLA leave as soon as practicable under the particular circumstances. Certification and Recertification of Leave A. The City requires that an employee provide a complete and sufficient certification of a serious health condition of the employee or the employee’s family member, of a qualifying exigency, or of the need to care for a covered service member with a serious injury or illness. Certification forms are available from the City’s Human Resources Department. The employee must submit the completed certification form to the City within fifteen (15) calendar days, unless it is not practicable to do so under the particular circumstances. Failure to provide such certification may result in the delay or denial of FMLA leave. B. If the City has reason to doubt the validity of a medical certification, the City, at its own expense, may require a second medical opinion from a physician it chooses. If the first and second opinions differ, the City, at its own expense, may require the opinion of a third health care provider that is approved jointly by the City and the employee. The third opinion will be considered final and binding. C. Where the employee’s need for leave is due to the serious health condition of the employee or covered family member and lasts beyond a single leave year, the City requires the employee to provide a new medical certification in each subsequent year leave is taken. 129 D. Where leave is taken for the serious health condition of the employee or the employee’s covered family member, the City may require recertification of the leave every six (6) months, or on a more frequent basis in certain circumstances. E. Employees returning from an approved FMLA leave due to their own serious health condition will be required to present a fitness-for-duty certification from their health care provider indicating that they are medically able to resume work. This certification must specifically address the employee’s ability to perform the essential functions of his or her job. The City may delay returning the employee to work until this certification is received. Failure to provide this certification may subject the employee to termination. F. In the case of intermittent FMLA leave for an employee’s own serious health condition, employees are required to present a fitness-for-duty certification every thirty (30) days if the City determines that reasonable safety concerns exist regarding the employee’s ability to perform his or her duties because of the employee’s serious health condition. Employee Responsibilities While on Leave A. During an approved FMLA leave, employees are entitled to the same health insurance they had before the leave began. Employees who pay some or their entire health insurance premium will be required to continue to pay the premiums in order to continue benefit coverage during the leave period. The employee is responsible for planning to pay any premiums due during the leave period. Employees who do not return to work following FMLA leave will be liable for the payment of any health insurance premiums paid by the employer during unpaid FMLA leave, unless the failure to return to work was due to the continuation, recurrence, or onset of a serious health condition or for other circumstances beyond the employee’s control. B. Employees will be required to periodically advise the City of their status and intent to return to work at the conclusion of the FMLA leave. Employees also must provide notice to the City at least two (2) business days prior to their return to work. If an employee unequivocally indicates his or her intent not to return to work after taking FMLA leave, the employee is subject to termination. C. While on leave, the employee may not be eligible for bonuses or other payments based on attendance or job-related performance goals, in the City’s discretion, where the employee has not met that goal due to FMLA leave. D. Outside employment during your leave period without City approval is prohibited and may result in disciplinary action, up to and including termination of employment. Return from Leave A. Employees returning from FMLA leave will be restored to the same or an equivalent job. The FMLA does not entitle a restored employee to any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken leave. 130 B. A request to substitute paid leave for unpaid FMLA leave or a request for any leave not covered by the FMLA may be subject to additional approval, certification, and reinstatement requirements. In addition, employees requesting to substitute paid leave for unpaid FMLA leave or requesting other approved leave will be required to complete all applicable forms. Complaint Procedure If you believe you have been denied any right under the FMLA, contact the Human Resources Department. Workers’ Compensation All employees are covered under the provisions of the Workers’ Compensation Act. This act protects the employee in the event of injury or death arising out of and in the course of performing work for the City. It is designed to pay medical expenses for an on-the-job injury or illness and pay a portion of the employee’s lost wages. If you are involved in an accident at any time for which you are earning wages from the City, you are to immediately notify your supervisor so that a First Report of Injury form can be completed, as is required by law. If medical attention is necessary, you must seek treatment from a physician listed on the “Panel of Physicians,” which is posted in your department. In the case of an emergency, seek treatment from the nearest emergency room, urgent care clinic, or physician. If an employee is out for an extended time and there is no leave to cover his/her absence, while on workers’ compensation, he/she will be responsible for paying their medical/dental/vision/ family coverage, deferred compensation, and any other ancillary benefits until they return to work. 131 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Donated Leave Policy Number: 109.13 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Donated Leave The Donated Leave policy exists to provide support for employees who have experienced a significant longterm illness or injury, resulting in an extended period of absence from work. This policy is designed to assist those employees who have exhausted all accrued leave due to their condition, allowing them to receive leave donations from other employees. The goal of this policy is to ensure that employees afflicted with a significant injury or illness can have the necessary time to recover without the added stress of unpaid leave. General Provisions/Definitions: For purposes of this policy: “Recipient" means an eligible employee who has been authorized to solicit donations of leave from other employees. "Donor" means an eligible employee who has elected to donate leave to another employee. Leave donations shall be from employee to employee and shall be strictly voluntary. The identity of donors shall be confidential and shall not be provided to the recipient or to any other individual unless necessary to administer the donation or required by law. Exclusions An employee shall not be eligible to solicit leave donations for: • • • Any occupationally related accident or illness which is compensable under Workers' Compensation benefits; or, Disability incurred in the course of committing a felony or assault; or An abuser of accrued leave. Approval and Solicitation The City of Stockbridge (COS) shall have the discretion to approve all requests for solicitation of leave donations prior to the circulation of such solicitation. Following approval of a request to solicit leave donations, the City shall designate staff to assist the recipient in developing a solicitation announcement. The recipient or the recipient's designee shall agree, in writing, that the announcement is satisfactory prior to any circulation of such announcement. Solicitation announcements shall be circulated to the extent necessary to encourage donations. The City shall determine the scope and duration of solicitation announcements; provided, however, solicitation announcements shall be posted for not less than ten (10) workdays. Donor 132 To be eligible to donate leave a Donor must: • • Have been continuously employed for not less than twelve (12) months in a position(s) entitled to earn leave. Be a City of Stockbridge full-time employee. If donating annual leave, have a balance of not less than eighty (80) hours of annual leave after donation, and. If donating sick leave, have a balance of not less than eighty (80) hours of sick leave after donation. A Donor may donate any amount of annual leave or sick leave and not more than one hundred and twenty (120) hours of sick leave in a calendar year. All donations should be in increments of whole hours. A Donor shall identify in writing the recipient and the type and amount of leave being donated. Such authorization shall specify that the Donor surrenders any claim to any donated leave credited to the Recipient. Leave may not be donated to any Recipient that has not been authorized by the City to receive such donations. Recipient Eligibility and Exceptions To be eligible to receive donated leave, a Recipient must: • Be employed in a position eligible to earn and use leave and not be in a leave without pay status at the time of application; • Have been continuously employed by the City for at least twelve (12) months in a leave-earning position as of the date the request is submitted; • Have exhausted all accrued annual leave, sick leave, compensatory time, and any other available paid leave balances; • Be experiencing a serious illness, injury, medical condition, or other qualifying hardship that results in an extended absence from work; and • Demonstrate responsible use of accrued leave and be in good standing with the City. A Recipient may request leave donations no more than thirty (30) calendar days before exhausting all available paid leave. Requests shall be submitted in the form prescribed by the Human Resources Department and shall include any supporting medical or other documentation deemed necessary by the City. The Human Resources Director shall review all requests and make a recommendation regarding eligibility. Exception Authority The City Manager may approve exceptions to the eligibility requirements or usage limitations of this policy when extraordinary or extenuating circumstances exist, and such approval is determined to be in the best interests of the employee and the City. Examples may include catastrophic illness or injury, prolonged 133 hospitalization, organ donation and recovery, family medical emergencies, natural disasters, or other situations creating significant hardship. Any exception approved under this provision shall be documented in writing and maintained by the Human Resources Department. City Donations and/or Credits Donations, not to exceed two hundred and forty (240) hours, shall be credited to a Recipient in a manner determined by the City; provided, however, that donations received after the maximum has been reached shall not be accepted and shall be returned to the appropriate Donor. Once a Recipient has returned to duty, not more than forty (40) hours of previously donated leave may be retained for the Recipient’s use. Multiple donations shall be permitted for the same Recipient; provided, however, no Recipient shall be credited with more than four hundred (400) hours of donated leave in any consecutive two (2) calendar year period. Penalty No employee shall threaten, coerce, or attempt to threaten or coerce another employee for the purpose of interfering with rights involving the donation, receipt, or use of leave. Such prohibited acts shall include, but not be limited to, promising to confer or conferring a benefit such as an appointment, promotion, or salary increase, or making a threat to engage in or engaging in an act of retaliation against an employee. Any violation of this shall be misconduct and shall be subject to disciplinary action up to and including dismissal. 134 Chapter 10: Separations CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Types of Separation Policy Number: 110.1 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Types of Separation Employment with the City may be separated for a variety of reasons. The following categories generally identify the types of separation that may occur: Voluntary Resignation Separation initiated by the employee. Retirement Separation from employment upon eligibility for retirement benefits or voluntary retirement from City service. Compulsory Resignation Separation resulting from an employee's inability to meet a condition of employment, maintain required qualifications, certifications, licenses, or other employment requirements. Layoff Separation due to lack of work, organizational restructuring, budgetary constraints, reduction in force, elimination of a position, or other operational needs. Disability Separation resulting from an employee's inability to perform the essential functions of the position with or without reasonable accommodation, subject to applicable law. Job Abandonment Separation resulting from an employee's failure to report to work or notify the City of an absence for a period established by City policy. Involuntary Termination Separation initiated by the City for performance deficiencies, misconduct, violation of City policy, or other legitimate business reasons. Death Separation resulting from the death of an employee while actively employed by the City. 135 The City reserves the right to determine the appropriate classification of a separation based upon the circumstances of each case and applicable laws and policies. Upon separation from employment, employees shall be required to comply with all applicable exit procedures, including the return of City property, completion of required documentation, and participation in the offboarding process as established by the City. 136 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Exit Procedures and Return of City Property Policy Number: 110.2 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Exit Procedures and Return of City Property Upon separation from employment for any reason, employees shall immediately return all City property, records, equipment, identification badges, keys, access cards, uniforms, vehicles, technology devices, documents, passwords, purchasing cards, and any other materials belonging to the City. The employee's supervisor or Department Director shall coordinate the collection of City property and completion of any required separation documentation. A separation clearance process may be required to verify the return of City property and the completion of all outstanding obligations. Upon notification of an employee's separation, the Department Director or designee shall promptly notify Human Resources, Information Technology, Finance, Payroll, Facilities, and any other affected departments to ensure the timely removal of access privileges, recovery of City assets, processing of final pay, and completion of all offboarding requirements. Employees shall remain responsible for any City property not returned upon separation. To the extent permitted by law, the City may seek reimbursement for lost, damaged, unreturned, or improperly retained City property. In the case of a Department Director's separation, all City property, records, files, passwords, and other City assets shall be returned to the City Manager or designee. The City reserves the right to conduct an exit interview and require completion of all separation procedures prior to final processing of the employee's separation. 137 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Voluntary Resignation Policy Number: 110.3 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Voluntary Resignation Employees who choose to resign from employment with the City are encouraged to provide at least two (2) weeks' written notice to their supervisor or Department Director. Employees who provide the required notice, satisfactorily perform their duties through their final day of employment, return all City property, and complete all required separation procedures may be considered to have resigned in good standing. Employees who resign in good standing may be eligible for reemployment with the City, subject to the City's hiring policies and the discretion of the City. Failure to provide the required notice may be documented in the employee's personnel file and may affect future employment opportunities with the City. Employees who resign in good standing may be eligible for reemployment with the City, subject to the City's hiring policies and the discretion of the City. Eligible employees who voluntarily separate from employment and resign in good standing may receive payment for accrued but unused leave benefits in accordance with applicable City policies. Employees who are involuntarily terminated, separated for misconduct, or fail to satisfy the requirements for resignation in good standing shall not be eligible for payout of accrued leave benefits unless otherwise required by law or City policy. The City may conduct an exit interview to obtain feedback regarding the employee's employment experience and to assist with organizational improvement efforts. Separation Procedures Employees are encouraged to review Policy 110.2, entitled “Exit Procedures and Return of City Property.” Upon separation from employment, employees shall immediately return all City property, including but not limited to identification badges, keys, access cards, uniforms, equipment, technology devices, records, documents, purchasing cards, vehicles, and any other City-owned property. The employee's supervisor or Department Director shall notify Human Resources, Information Technology, Finance, Payroll, Facilities, and other appropriate departments to facilitate the employee's separation, removal of system access, recovery of City assets, and processing of final pay and benefits. Final compensation shall be processed in accordance with applicable federal and Georgia law and City payroll procedures. Employees participating in direct deposit may have final wages issued through direct deposit or by paper check, as determined by the City and applicable payroll processing requirements. Employees shall complete all required separation and clearance procedures before the separation process is considered complete. 138 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Job References Policy Number: 110.4 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Job References The City’s reference policy is that employees are not to provide any reference regarding a current or former employee’s employment with the City. Any request for a reference or employment history of any kind should be directed to the Human Resources Director. The response of the Human Resources Director, or their designee, will be limited to providing dates of employment, position history, and salary history. No one other than the Human Resources Director may respond to a job reference inquiry. 139 CITY OF STOCKBRIDGE EMPLOYEE POLICY MANUAL Policy Title: Job Abandonment and Presumptive Resignation Policy Number: 110.5 Effective Date: 00/00/0000 Revision Date: 00/00/0000 Job Abandonment and Presumptive Resignation Employees are expected to report to work as scheduled and to notify their supervisor in accordance with City attendance and leave procedures when they are unable to report to work. An employee who is absent from work for three (3) consecutive scheduled workdays, or the equivalent of twenty-four (24) scheduled work hours, without notifying the City or obtaining proper authorization for the absence may be deemed to have voluntarily resigned employment through job abandonment. Similarly, an employee who fails to return to work upon the expiration of an approved leave of absence, including but not limited to family and medical leave, personal leave, military leave, administrative leave, or any other authorized leave, may be deemed to have voluntarily resigned employment unless the employee has obtained an approved extension of leave or otherwise communicated with the City regarding the absence. Prior to processing a separation under this policy, the City may make reasonable efforts to contact the employee to determine the reason for the absence and provide an opportunity for the employee to respond. The determination of whether an employee has abandoned their position or is deemed to have voluntarily resigned shall be made by the Human Resources Director in consultation with the Department Director and shall be based upon the facts and circumstances of each situation. Employees separated under this policy shall be notified in writing of the separation. Such separation shall be classified as a voluntary resignation through job abandonment or presumptive resignation and may affect eligibility for reemployment with the City. Nothing in this policy limits the City's authority to take disciplinary action when appropriate under other provisions of this manual. 140 DEFINITIONS For purposes of this Employee Policy Manual, the following terms shall have the meanings set forth below unless otherwise required by law or specifically stated within a policy. City The City of Stockbridge, Georgia. City Manager The individual appointed by the Mayor and Council to serve as the chief administrative officer of the City. Department Director/Department Head The individual responsible for the management and operation of a City department and the supervision of employees assigned to that department. Human Resources Director The individual designated by the City to administer personnel policies, employment practices, benefits, compensation, employee relations, and other human resources functions. Employee An individual employed by the City in a position authorized by the City and compensated through the City's payroll system. Regular Full-Time Employee An employee who is regularly scheduled to work forty (40) hours per workweek and is eligible for benefits as provided by City policy. Regular Part-Time Employee An employee who is regularly scheduled to work fewer than forty (40) hours per workweek and whose eligibility for benefits is determined by applicable City policies and benefit plans. Temporary Employee An employee hired for a specific project, seasonal assignment, temporary need, or limited duration and who is not considered a regular employee. Exempt Employee An employee classified as exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Non-Exempt Employee An employee classified as eligible for overtime compensation in accordance with the Fair Labor Standards Act (FLSA). Introductory Period The initial period of employment during which an employee's performance, conduct, attendance, and overall suitability for employment are evaluated. 141 Supervisor An employee who has responsibility for directing, assigning, evaluating, or overseeing the work of other employees. Workweek The seven (7) consecutive twenty-four (24) hour periods established by the City for payroll and overtime calculation purposes. Compensation All wages, salaries, incentives, special compensation, and other forms of monetary payment provided to employees. Personnel File The official employment record maintained by the Human Resources Department. Immediate Family Member A spouse, child, stepchild, parent, stepparent, sibling, grandparent, grandchild, parent-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, legal guardian, or other individual residing in the employee's household, unless otherwise specified in a particular policy. Good Standing An employee who is meeting performance expectations, is not currently subject to disciplinary action that would affect eligibility, and satisfies any additional requirements established by City policy. Telecommuting (Remote Work) A temporary work arrangement approved by the City that allows an employee to perform assigned duties from an approved location other than a City facility. HRIS (Human Resources Information System) The City's designated electronic system used for personnel administration, payroll, benefits, timekeeping, performance management, training, and employee records. Corrective Action Coaching, counseling, disciplinary action, or other measures taken to address performance deficiencies, policy violations, misconduct, or workplace concerns. May Indicates a discretionary action. Shall Indicates a mandatory requirement. Should Indicates a recommended practice or expectation. 142 EMPLOYEE POLICY MANUAL REVISION HISTORY The City of Stockbridge Employee Policy Manual shall be reviewed periodically by the Human Resources Department to ensure compliance with applicable laws, operational needs, organizational objectives, and human resources best practices. Substantive amendments, revisions, additions, and deletions to this manual shall be documented below. Revision Date July 1, 2026 Section/Policy Revised Employee Policy Manual Description of Change Comprehensive policy review and modernization Document Information Original Effective Date: ______________________ Current Effective Date: ______________________ Last Revision Date: ______________________ Next Scheduled Review Date: ______________________ Maintained By: Human Resources Department 143 Approved By Mayor and Council EMPLOYEE POLICY MANUAL ACKNOWLEDGMENT I, the undersigned, acknowledge that I have received access to a copy of the City of Stockbridge Employee Policy Manual and understand that it contains important information regarding the City's employment policies, procedures, benefits, workplace expectations, and standards of conduct. I understand that it is my responsibility to read, familiarize myself with, and comply with the policies, procedures, and guidelines contained in the Employee Policy Manual, as well as any amendments, revisions, or updates issued by the City. I understand that the Employee Policy Manual is intended to serve as a guide to employment and does not constitute a contract of employment or a guarantee of employment for any specific duration. Nothing contained in the Employee Policy Manual alters the employment relationship between the City and the employee or limits the City's right to modify, amend, suspend, or discontinue policies as permitted by law. I understand that the City may revise, amend, or update the Employee Policy Manual from time to time and that I am responsible for complying with all current policies and procedures, including those issued after the date of this acknowledgment. I understand that questions regarding the interpretation or application of any policy should be directed to my supervisor or the Human Resources Department. By signing below, or by providing an electronic acknowledgment through the City's Human Resources Information System (HRIS) or other authorized electronic platform, I acknowledge that I have received access to the Employee Policy Manual, understand my responsibility to review and comply with its contents, and understand that it is my responsibility to remain informed of future revisions. Employee Name (Print): ______________________________________ Employee Signature: _________________________________________ Date: ______________________ Electronic Acknowledgment Employees who acknowledge receipt of the Employee Policy Manual through the City's designated Human Resources Information System (HRIS) or other approved electronic system shall be deemed to have electronically signed this acknowledgment. Electronic acknowledgments shall have the same force and effect as an original handwritten signature and may be retained in electronic form as part of the employee's personnel record. 144 10/12/2026 ✔ Dwayne Pollock Human Resources Council consideration to approve and adopt the Updated Employee Policy Manual. The Human Resources Department, in collaboration with a professional consultant, conducted a comprehensive review and revision of the City's Employee Policy Manual. The process included manager and department head listening sessions, administrative review by the City Manager, and legal review by the City Attorney's Office. The revised manual incorporates recommended updates, operational improvements, and compliance enhancements. Council is requested to review and consider approval of the revised Employee Policy Manual, effective upon adoption. ✔ 0.00 ✔ Council consideration to approve and adopt the Updated Employee Policy Manual. Staff recommends approval of the revised City of Stockbridge Employee Policy Manual. OCTOBER 12, 2026 ✔ Ryan Anderson Community Development ZONING MODIFICATION CASE #ZM-2026-02. (Council District 4.) Consideration of a major zoning modification request for the property at 55 Valley Hill Road to allow for changes to the previously-approved site plan for a townhome development, which was approved by Council via three cases on November 13, 2023. The previous applicant was D.R. Horton. Now, Yashesh Shah of Shree Developers Group wishes to build a revised townhome development with 91 units on the southern portion of the property only, fronting onto Davis Road, after subdividing the property. The property extends from Valley Hill Road south to Davis Road, bordered by East Atlanta Road and the railroad tracks to the east. Engineers have determined that the northern portion of the property (north of the creek) is basically unbuildable. The property contains 24.908 +/- total acres, and the proposed development would be located on 11.311 +/- acres on the southern portion only. There would be two accesses off Davis Road, no access from Valley Hill Road, and no road crossing over the creek. Staff Recommendation--Approval With Conditions. Planning Commission Recommendations--Deferral on August 20, 2026, then Denial on September 17, 2026. ✔ 0.00 ZONING MODIFICATION CASE #ZM-2026.02. APPROVAL WITH CONDITIONS. Henry County, GA Overview Legend Parcels Roads 588 ft Parcel ID Property Address District S16-01006000 Class Industrial Owner 55 VALLEY HILL Acreage 24.96 Address RD City/Stockbridge OTAC DEVELOPMENT GROUP LLC 55 VALLEY HILL RD STOCKBRIDGE, GA 30281 Land $960,900 Value: Building $367,400 Value: Misc $8,590 Value: Total $1,336,890 Value: Last 2 Sales Date Price Reason Qual 2/4/2013 $1,000,000 FM Q 8/1/1974 $131,500 LM Q Parcel lines depicted on the maps do not re ect a true and exact representation of property boundaries and should not be relied upon for said purpose. Property boundary lines are depicted on recorded plats available at the Henry County courthouse or can be determined by employing the services of a licensed surveyor. Date created: 9/4/2026 Last Data Uploaded: 9/4/2026 4:58:27 AM Developed by DAVIS ROAD TOWNHOMES STOCKBRIDGE, GEORGIA A thoughtfully designed residential community combining modern architecture, resort-style amenities and a walkable neighborhood plan. C O N C E P T P R E S E N TAT I O N PROJECT SNAPSHOT A compact, amenity-forward townhome community The zoning modification plan establishes a high-quality residential layout along Davis Road with integrated open space and community amenities. 91 11.31 8.04 TOWNHOME LOTS SITE ACRES UNITS / ACRE 24′ MIN. LOT WIDTH Key Site Standards 30 ft Front setback 20 ft Rear setback 20 ft Building separation Davis Rd Primary frontage Source: Zoning Modification Plan, 55 Valley Hill Rd / Davis Rd, Stockbridge, GA DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 2 COMMUNITY PLAN A connected neighborhood organized around amenities The plan uses looped internal streets, multiple open-space pockets and a central amenity area to create a cohesive residential environment. PLAN HIGHLIGHTS 91 townhome lots Pool and outdoor lounge area Pickleball court Dog park Walking connections and landscaped open space Stormwater management integrated at the north edge DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 3 SITE & ZONING Concept aligned to the submitted zoning modification plan The official plan shows the townhome area concentrated along Davis Road, with the northern portion of the property identified separately for subdivision and sale. SITE DATA ADDRESS 55 Valley Hill Rd / Davis Rd PRODUCT Townhomes LOT COUNT 91 MIN. LOT WIDTH 24 ft GROSS DENSITY 8.04 units/acre STORMWATER Dedicated management area Submitted zoning modification package dated July 13, 2026. DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 4 ARCHITECTURE Modern townhomes with a timeless material palette Brick-forward facades, dark window packages and varied roof forms establish a cohesive upscale streetscape. D E S I G N C H A R AC T E R • Brick and masonry-forward elevations • Black garage doors and window frames • Varied gables and rooflines • Landscaped front entries • Strong curb appeal at dusk and daytime DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 5 R E S O R T- S T Y L E A M E N I T I E S Designed to make the community feel like a destination A central pool environment and recreation spaces create a strong lifestyle component for residents. POOL • PICKLEBALL • DOG PARK • TRAILS DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 6 COMMUNITY EXPERIENCE More than housing — a complete neighborhood setting The landscape, architecture and amenity program work together to create a distinctive sense of arrival and long-term community value. BEAUTIFUL ARCHITECTURE DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA • RESORT-STYLE AMENITIES • WALKING TRAILS • WELCOMING ENTRANCE CO NCE P T P RE S EN TAT ION 7 DAVIS ROAD TOWNHOMES A modern residential community envisioned for Stockbridge, Georgia. 91 TOWNHOMES COMMUNITY | AMENITY-RICH SHREE DEVELOPERS GROUP | WALKABLE DAVIS ROAD TOWNHOMES STOCKBRIDGE, GEORGIA A thoughtfully designed residential community combining modern architecture, resort-style amenities and a walkable neighborhood plan. C O N C E P T P R E S E N TAT I O N PROJECT SNAPSHOT A compact, amenity-forward townhome community The zoning modification plan establishes a high-quality residential layout along Davis Road with integrated open space and community amenities. 91 11.31 8.04 TOWNHOME LOTS SITE ACRES UNITS / ACRE 24′ MIN. LOT WIDTH Key Site Standards 30 ft Front setback 20 ft Rear setback 20 ft Building separation Davis Rd Primary frontage Source: Zoning Modification Plan, 55 Valley Hill Rd / Davis Rd, Stockbridge, GA DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 2 COMMUNITY PLAN A connected neighborhood organized around amenities The plan uses looped internal streets, multiple open-space pockets and a central amenity area to create a cohesive residential environment. PLAN HIGHLIGHTS 91 townhome lots Pool and outdoor lounge area Dog park Walking connections and landscaped open space Stormwater management integrated at the north edge DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 3 SITE & ZONING Concept aligned to the submitted zoning modification plan The official plan shows the townhome area concentrated along Davis Road, with the northern portion of the property identified separately for subdivision and sale. SITE DATA ADDRESS 55 Valley Hill Rd / Davis Rd PRODUCT Townhomes LOT COUNT 91 MIN. LOT WIDTH 24 ft GROSS DENSITY 8.04 units/acre STORMWATER Dedicated management Updated area zoning modification plan dated August 7, 2026. DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 4 ARCHITECTURE Modern townhomes with a timeless material palette Brick-forward facades, dark window packages and varied roof forms establish a cohesive upscale streetscape. D E S I G N C H A R AC T E R • Brick and masonry-forward elevations • Black garage doors and window frames • Varied gables and rooflines • Landscaped front entries • Strong curb appeal at dusk and daytime DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 5 R E S O R T- S T Y L E A M E N I T I E S A signature pool amenity designed for relaxation and community The resort-style pool and lounge space create a strong lifestyle centerpiece for residents. POOL AMENITY DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 6 COMMUNITY EXPERIENCE More than housing — a complete neighborhood setting The landscape, architecture and amenity program work together to create a distinctive sense of arrival and long-term community value. BEAUTIFUL ARCHITECTURE DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA • RESORT-STYLE AMENITIES • WALKING TRAILS • WELCOMING ENTRANCE CO NCE P T P RE S EN TAT ION 7 DAVIS ROAD TOWNHOMES A modern residential community envisioned for Stockbridge, Georgia. 91 TOWNHOMES COMMUNITY | AMENITY-RICH SHREE DEVELOPERS GROUP | WALKABLE All that tract or parcel of land lying in Land Lot 69, 12th district, Henry County, Georgia, being more particularly described as follows: Commencing at the intersection of Davis Road (50’R/W) and Landover Drive; thence, North 22 Degrees 23 Minutes 41 Seconds West to a ½” rebar on the Eastern Right of Way of Davis Road, said point being the True Point of Beginning; thence, leaving the Eastern Right of Way North 50 Degrees 04 Minutes 26 Seconds East a distance of 254.24 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 214.18 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 596.38 feet to a ½” rebar; thence, South 89 Degrees 11 Minutes 23 Seconds East a distance of 640.08 feet to a ½” rebar on the Southern Right of Way of Valley Hill Road (80’ R/W); thence, following said Right of Way with a curve turning to the left with an arc length of 101.99 feet, with a radius of 621.24 feet, with a chord bearing of South 68 Degrees 27 Minutes 06 Seconds East, with a chord length of 101.88 feet, to a point; thence, South 73 Degrees 39 Minutes 05 Seconds East a distance of 190.41 feet to a point on the Western Right of Way of Norfolk Southern Railway (150’R/W); thence, following said Right of Way; thence, South 17 Degrees 01 Minutes 54 Seconds West a distance of 92.33 feet to a point; thence, South 18 Degrees 15 Minutes 06 Seconds West a distance of 510.57 feet to a point; thence, South 17 Degrees 44 Minutes 20 Seconds West a distance of 104.87 feet to a point; thence, South 16 Degrees 29 Minutes 44 Seconds West a distance of 61.12 feet to a point; thence, with a curve turning to the left with an arc length of 98.03 feet, with a radius of 2084.15 feet, with a chord bearing of South 15 Degrees 09 Minutes 31 Seconds West , with a chord length of 98.02 feet to a point; thence, following with a curve turning to the left with an arc length of 631.99 feet, with a radius of 1459.81 feet, with a chord bearing of South 01 Degrees 43 Minutes 48 Seconds West, with a chord length of 627.06 feet to a ¾” open top; thence, leaving the Western Right of Way of Norfolk Southern Railway North 89 Degrees 45 Minutes 41 Seconds West a distance of 173.15 feet to a ½” rebar; thence, North 00 Degrees 14 Minutes 19 Seconds East a distance of 34.40 feet to a ½” rebar; thence, North 89 Degrees 45 Minutes 41 Seconds West a distance of 65.55 feet to a ½” rebar; thence, South 49 Degrees 10 Minutes 24 Seconds West a distance of 52.37 feet to a ½” rebar; thence, North 89 Degrees 45 Minutes 41 Seconds West a distance of 76.78 feet to a ½” rebar on the Eastern Right of Way of Davis Road; thence, following said Right of Way with a curve turning to the left with an arc length of 168.92 feet, with a radius of 1458.40 feet, with a chord bearing of North 35 Degrees 11 Minutes 18 Seconds West, with a chord length of 168.82 feet to a point; thence, North 39 Degrees 40 Minutes 22 Seconds West a distance of 571.71 feet to a ½” rebar, said point being True Point of Beginning Said Tract contains 24.841 Acres more or less All that tract or parcel of land lying in Land Lot 69, 12th district, Henry County, Georgia, being more particularly described as follows: Commencing at the intersection of Davis Road (50’R/W) and Landover Drive; thence, North 22 Degrees 23 Minutes 41 Seconds West to a ½” rebar on the Eastern Right of Way of Davis Road, said point being the True Point of Beginning; thence, leaving the Eastern Right of Way North 50 Degrees 04 Minutes 26 Seconds East a distance of 254.24 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 214.18 feet to a ½” rebar; thence, South 84 Degrees 40 Minutes 35 Seconds East a distance of 123.03 feet to a point in the centerline of a creek; thence, along the centerline of the creek in a southeasterly direction for a distance of 688’ more or less to a point in the centerline of the creek, said creek being subtended by the following tie line, South 58 Degrees 37 Minutes 28 Seconds East a distance of 611.98 feet to a point on the Western Right of Way of Norfolk Southern Railway (150’R/W); thence, following said Right of Way with a curve turning to the left with an arc length of 631.99 feet, with a radius of 1459.81 feet, with a chord bearing of South 01 Degrees 43 Minutes 48 Seconds West, with a chord length of 627.06 feet to a ¾” open top; thence, leaving the Western Right of Way of Norfolk Southern Railway North 89 Degrees 45 Minutes 41 Seconds West a distance of 354.96 feet to a ½” rebar on the Eastern Right of Way of Davis Road; thence, following said Right of Way with a curve turning to the left with an arc length of 168.92 feet, with a radius of 1458.40 feet, with a chord bearing of North 35 Degrees 11 Minutes 18 Seconds West, with a chord length of 168.82 feet to a point; thence, North 39 Degrees 40 Minutes 22 Seconds West a distance of 571.71 feet to a ½” rebar, said point being True Point of Beginning Said Tract contains 11.311 Acres more or less Shree Real Estate Developers 5400 Laurel Springs Parkway Suwanee, GA 30024 770-789-7044 Date: 7/14/2026 City of Stockbridge Planning & Zoning Department 4640 North Henry Boulevard Stockbridge, GA 30281 Re: Request for Modification to Site Plan approved on August 4, 2025 Former Project Address: 55 Valley Hill Rd Dear Planning & Zoning Department, This letter serves as a request for a modification to the previously approved site plan for the abovereferenced property, which received approval on August 4, 2025. The originally approved plan was for the development of a 24.908-acre parcel consisting of 149 townhome units. Since that approval, additional due diligence and site analysis have been performed. As a result, we have determined that a revised site plan is necessary to better respond to existing site conditions as well as community considerations. We will be subdividing the existing property into two parcels and proceed with development on the southern portion of the site only and selling the northern portion of the site. A significant factor influencing this revision is the presence of shallow rock across the majority of the northern portion of the property, which makes development in that area infeasible from both a practical and economic standpoint. The new site layout includes the following: • • • • • • Revised Development Area (Southern Parcel): 11.311 acres Proposed Unit Count: 91 townhomes Zoning Classification: MFR (Multifamily Residential) Proposed Gross Density: 8.04 units per acre Amenities: Swimming Pool, Dog Park, Mulch trail Open Space: 31.3% (15% min) To ensure esthetic compatibility with adjacent single-family homes, we are proposing an enhanced 8-foot landscape buffer along the Davis Road frontage. This buffer will provide visual screening and create a more compatible transition between the proposed townhomes and the surrounding neighborhood. This revised plan represents a thoughtful refinement of the originally approved development by reducing the overall intensity, responding to existing site constraints, and enhancing community features. The proposed changes ensure the project remains consistent with the City’s planning goals while improving compatibility with the surrounding area. We respectfully request your review and approval of this site plan modification. Please feel free to contact us if additional information or clarification is needed. Sincerely, Yashesh Shah Shree Real Estate Developers Shree Real Estate Developers 5400 Laurel Springs Parkway Suwanee, GA 30024 770-789-7044 Date: 6/23/2026 City of Stockbridge Planning & Zoning Department 4640 North Henry Boulevard Stockbridge, GA 30281 Re: Request for Modification to Site Plan approved on August 4, 2025 Former Project Address: 55 Valley Hill Rd Dear Planning & Zoning Department, This letter serves as a request for a modification to the previously approved site plan for the abovereferenced property, which received approval on August 4, 2025. The originally approved plan was for the development of a 24.908-acre parcel consisting of 149 townhome units. Since that approval, additional due diligence and site analysis have been performed. As a result, we have determined that a revised site plan is necessary to better respond to existing site conditions as well as community considerations. We are proposing to subdivide the existing property into two parcels and proceed with development on the southern portion of the site, while no longer developing the northern portion at this time. A significant factor influencing this revision is the presence of shallow rock across the majority of the northern portion of the property, which makes development in that area infeasible from both a practical and economic standpoint. The new site layout includes the following: • • • • • • Revised Development Area (Southern Parcel): 11.311 acres Proposed Unit Count: 91 townhomes Zoning Classification: MFR (Multifamily Residential) Proposed Gross Density: 8.04 units per acre Amenities: Swimming Pool, Pickle Ball Court, and Dog Park Open Space: 31.3% (15% min) To ensure esthetic compatibility with adjacent single-family homes, we are proposing an enhanced 8-foot landscape buffer along the Davis Road frontage. This buffer will provide visual screening and create a more compatible transition between the proposed townhomes and the surrounding neighborhood. This revised plan represents a thoughtful refinement of the originally approved development by reducing the overall intensity, responding to existing site constraints, and enhancing community features. The proposed changes ensure the project remains consistent with the City’s planning goals while improving compatibility with the surrounding area. We respectfully request your review and approval of this site plan modification. Please feel free to contact us if additional information or clarification is needed. Sincerely, Yashesh Shah Shree Real Estate Developers ZM-2026-02 for 55 Valley Hill Road Community Development Department – Planning and Zoning Division Planning Commission Meetings--August 20 & September 17, 2026 AERIAL PHOTO OF 55 VALLEY HILL ROAD 2 INTRODUCTION TO ZM-2026-02 Previous Approval: 149-unit townhome Type of Case: This is a “zoning modification case”, meaning that the development across the entire property. applicant is seeking approval to make Current Applicant: Yashesh Shah of major changes to a development which Shree Developers Group (represented the City Council previously approved. by Asia Mosee Browner, P.E.). Purpose—To allow the use of a Current Property Owner: OTAC different site plan than the original one Development Group, LLC. that was approved for a different applicant. Current Proposal: 91-unit townhome development on the southern portion of Previous Applicant / Property Owner: the property only (south of the creek). D. R. Horton Inc., represented by Tiffany Hogan. 3 FACTS ABOUT THE SUBJECT PROPERTY Boundaries: Property extends from Valley Hill Road at the north to Davis Road to the south, with East Atlanta Road and the railroad tracks to the east. The Big Oak Villas townhomes are located to the southwest on Davis Road. Property Size: 24.908 +/- total acres. Land Uses: Contains four small industrial buildings on the northern portion. Physical Conditions: A creek extends across the center, east to west. Shallow rock and a large debris area are present on the northern portion, making development very difficult there. Engineers determined that flooding may occur if the previously-required road over the creek were to be built. Current Zoning: MFR (Multiple Family Residential). Future Land Use Designation: High-Density Residential. 4 ZONING MAP FOR 55 VALLEY HILL ROAD 5 FUTURE LAND USE MAP FOR 55 VALLEY HILL ROAD 6 PREVIOUS CASE APPROVALS FOR 55 VALLEY HILL ROAD Three cases were approved by City Council on November 13, 2023: Comprehensive Plan Amendment Case (#CP-2023-02)—Changed the property’s future land use designation to High-Density Residential. Rezoning Case (#RZ-2023-03)--Assigned the zoning district of MFR (Multiple Family Residential) to the property. Variance Case (#VR-2023-02)--Approved a variance to reduce the front yard setbacks of the townhome lots from the required 50 feet to 30 feet. There was also an Administrative Zoning Modification case on August 4, 2025. It was reviewed and approved by the Planning & Zoning Staff. The previous applicant’s revised site plan was approved. It showed the elimination of the road crossing across the creek due to a determination by engineers that flooding would likely occur if the road crossing were to be built. 7 PREVIOUSLY-APPROVED SITE PLAN 8 PREVIOUS SITE PLAN, ENLARGED 9 PROPOSED SITE PLAN: IDENTIFICATION Type of Site Plan Two-page conceptual site plan. Engineer Prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and received by the Planning & Zoning Office on August 7, 2026 . First Page Sheet Number ZM-01 is titled, “Overall Overall [sic] Zoning Modification Plan”, and it shows the entire property. Second Page Sheet Number ZM-02 is titled, “Zoning Modification Plan”, and it is an enlargement of the southern portion of the property only, where the proposed townhomes would be built. 10 PROPOSED SITE PLAN: ENTIRE PROPERTY 11 LOCATION OF PROPOSED DEVELOPMENT Southern Portion Only Only the southern portion of the property would be developed, south of the creek, because the presence of shallow rock and a large debris area across the northern portion of the property would make development infeasible there. Subdivision of Property The property would be subdivided into two parcels, and the northern parcel would be sold. Acreage of Proposed Development The southern parcel would contain 11.311 +/- acres. Frontage for Proposed Development The development would have frontage on Davis Road only. There would be no frontage on Valley Hill Road. Creek Crossing There would be none. 12 PROPOSED SITE PLAN: SOUTHERN PORTION, ENLARGED 13 DESCRIPTION OF PROPOSED DEVELOPMENT Type of Development--Townhome development with 91 units. Gross Density--Would be 8.04 units per acre (high-density). Accesses--Would include two accesses off Davis Road. There would be no access from Valley Hill Road or East Atlanta Road. Amenities--Would include a swimming pool (with a 10-space guest parking lot), a pickleball court, a dog park, a mail kiosk, a 10-foot-wide mulch walking trail near the creek, and two open space areas comprising 31.73 percent of the site. Buffers--Would include the following: q A 25-foot-wide landscaped buffer along the eastern and western sides. q An enhanced 8-foot landscape buffer along Davis Road. q A 10-foot-wide zoning buffer adjacent to the railroad tracks. Water and Sewer Services--To be provided by the City; need capacity analysis. Traffic Impacts—A Traffic Impact Study was prepared and received on 09/11/26. 14 PROPOSED TOWNHOME LOTS AND BUILDINGS Townhome Lots: q Would include smaller lots measuring 24 feet by 87 feet and larger lots measuring 24 feet by 92 feet. q Front yard setbacks would be 30 feet, and rear yard setbacks would be 20 feet. Townhome Buildings: q Two-story buildings would comprise 50 lots and three-story buildings would comprise 41 lots. q Buildings would be separated by 20 feet. q Maximum of six units per building. q Would have two-car garages. 15 RENDERING OF A PROPOSED TOWNHOME BUILDING 16 CONCLUSIONS (Slide #1) 1. Due to environmental constraints, there would be no development on the northern portion of the property, off Valley Hill Road. 2. Due to potential flooding, there would be no road crossing over the creek. 3. Due to Conclusions #1 and #2, it is infeasible to build according to the site plan that was previously approved by City Council via Rezoning Case #RZ-2023-03. 4. Since the environmental constraints and potential for flooding were not caused by the current applicant, relief must be granted via a major zoning modification to 1) free the applicant from being required to build according to the infeasible site plan; and 2) to allow the applicant to use a new site plan for the southern portion of the property only. 17 CONCLUSIONS (Slide #2) 5. The current applicant’s proposed site plan is substantially similar to the previously-approved one for the southern portion of the property. 6. Before any development may occur on the southern portion of the property, the existing parcel must be subdivided into two parcels. 7. New zoning conditions may be imposed upon the applicant’s proposed site plan and development proposal. 18 RECOMMENDATIONS (Slide #1) 1. The applicant shall be granted a major zoning modification for the purpose of freeing the applicant from having to build the previously approved site plan from RZ-2023-03 on the physically-infeasible northern portion of the property. 2. The existing parcel shall be subdivided into two parcels, and before any land disturbance permit is issued, the applicant shall provide the Staff with a copy of the recorded plat. 3. The southern portion of the property (to become a separate parcel) shall be developed in substantial conformity with the applicant’s Sheet Number ZM-02, entitled, “Zoning Modification Plan”, of the two- page conceptual site plan that was prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and which was received by the Planning & Zoning Office on August 7, 2026. 19 RECOMMENDATIONS (Slide #2) 4. No land disturbance permit (LDP) shall be issued and no development activity shall occur on the property until the property is first subdivided into two parcels, and a copy of the recorded plat is provided to the Community Development Department. 5. No more than 91 townhome units shall be developed on the property. 6. No more than six townhome units shall be located within one townhome building. 7. All townhome buildings shall have at least 75 percent brick or stone on all four facades, per Section 4.4.4 of the Stockbridge Unified Development Code. 20 RECOMMENDATIONS (Slide #3) 8. A 25-foot buffer shall be established and maintained along the eastern and western sides of the property. 9. An HOA shall be established, or a property management company shall be secured, who shall maintain the common areas of the property. 10. All internal streets shall provide the required minimum turning radii. 11. The applicant shall obtain a new water and sewer capacity letter from the Public Works Office and shall comply with its findings. 21 Questions or Comments? ZM-2026-02 for 55 Valley Hill Road Community Development Department – Planning and Zoning Division City Council Meeting—October 12, 2026 Presented by Ryan Anderson APPLICANT'S REQUESTS Shree Developers Group (Yashesh Shah) is asking City Council to: 1 2 Release from the 2023 site plan Be freed from building the 149-unit plan approved under RZ-2023-03, which is infeasible on the northern portion. 2 Approve a new site plan Develop 91 townhomes on the southern 11.311 +/- acres per Sheet ZM-02 (Blueprint Partners Engineering, 5/4/2026) which would require the parcel to be split into two. AERIAL PHOTO OF 55 VALLEY HILL ROAD 3 CASE OVERVIEW Zoning modification case: the applicant requests approval of a new site plan to replace the one City Council approved for a different applicant. PREVIOUS APPROVAL CURRENT PROPOSAL — ZM-2026-02 Applicant / Owner: D. R. Horton Inc. (rep. Tiffany Hogan) Applicant: Yashesh Shah, Shree Developers Group (rep. Asia Mosee Browner, P.E.) Development: 149 townhomes across the entire property Approved: November 13, 2023 (RZ-202303) 4 Owner: OTAC Development Group, LLC Development: 91 townhomes on the southern portion only (south of the creek) SUBJECT PROPERTY 24.908 ac Total property size (+/-) Boundaries • Valley Hill Road (north) to Davis Road (south); East Atlanta Road and railroad to the east; Big Oak Villas townhomes to the southwest. Existing Uses • Four small industrial buildings on the northern portion. MFR Current zoning Physical Constraints • A creek crosses the center of the site, east to west. • Shallow rock and a large debris area make the northern portion very difficult to develop. • Engineers found that a road crossing over the creek may cause flooding. High-Density Future land use designation 5 ZONING & FUTURE LAND USE MAPS Zoning: MFR (Multiple Family Residential) 6 Future Land Use: High-Density Residential CASE HISTORY November 13, 2023 — Approved by City Council CP-2023-02 RZ-2023-03 VR-2023-02 Comprehensive Plan Amendment: future land use changed to HighDensity Residential. Rezoning: property assigned the MFR (Multiple Family Residential) district. Variance: townhome front yard setbacks reduced from 50 feet to 30 feet. August 4, 2025 — Administrative Zoning Modification (Staff approval) Revised site plan for the previous applicant approved by Planning & Zoning Staff. It eliminated the road crossing over the creek after engineers determined it would likely cause flooding. 7 PREVIOUSLY-APPROVED SITE PLAN Full plan sheet (D. R. Horton, 149 units) 8 Enlarged PROPOSED SITE PLAN: OVERVIEW THE SITE PLAN WHAT CHANGES Type: Two-page conceptual site plan • Southern portion only: 11.311 +/- acres south of the creek; the northern portion is infeasible due to shallow rock and debris. Prepared by: Blueprint Partners Engineering, LLC (5/4/2026) Received: August 7, 2026 Sheet ZM-01: Entire property Sheet ZM-02: Southern portion only (enlarged), where townhomes would be built 9 • Subdivision: property split into two parcels; northern parcel to be sold. • Frontage: Davis Road only — none on Valley Hill Road. • Creek crossing: none. PROPOSED SITE PLAN (SHEETS ZM-01 & ZM-02) Sheet ZM-01: Entire property Sheet ZM-02: Southern portion, enlarged 91 townhomes on 11.311 +/- acres south of the creek; two accesses off Davis Road 10 PROPOSED DEVELOPMENT 11 91 8.04 11.311 31.73% Townhome units Units per acre (gross) Acres (+/-) Open space Access & Utilities Amenities Buffers • Two accesses off Davis Road • Swimming pool with 10space guest parking • 25-ft landscaped buffer, east & west sides • No access from Valley Hill Rd. or East Atlanta Rd. • Pickleball court, dog park, mail kiosk • Enhanced 8-ft landscape buffer on Davis Rd. • City water & sewer (capacity analysis needed) • 10-ft mulch walking trail near the creek • 10-ft zoning buffer at railroad tracks TOWNHOME LOTS & BUILDINGS Townhome Lots • 24 ft × 87 ft and 24 ft × 92 ft • Setbacks: 30 ft front, 20 ft rear Townhome Buildings • Two-story: 50 lots; three-story: 41 lots • Maximum six units per building • 20 ft between buildings • Two-car garages Rendering of a proposed townhome building 12 TRAFFIC IMPACT STUDY LOS "A" All studied intersections, AM & PM peak hours — today and through 2029 Recommendations None, other than building the two site driveways shown on the site plan. 13 Study: “Traffic Impact Study — Davis Road Townhomes,” Kimley-Horn and Associates, Inc., for Shree Developers Group (September 2026) Received: September 11, 2026 Why: Not required for developments under 100 units; the applicant commissioned it voluntarily in response to citizen inquiries. Method: Traffic counts on August 27, 2026, during school hours (incl. AM & PM peaks) at both proposed driveway locations, one across from Landover Drive. Finding: Acceptable level of service today, projected to stay acceptable (mostly LOS "A") through 2029. STAFF CONCLUSIONS 1 5 The proposed plan is substantially similar to the previously approved plan for the southern portion. 2 Potential flooding prevents a road crossing over the creek. 6 The parcel must be subdivided into two parcels before any development occurs. 3 As a result, the site plan approved under RZ-202303 cannot feasibly be built. 7 New zoning conditions may be imposed on the proposed site plan and development. 4 14 Environmental constraints (shallow rock, debris) prevent development of the northern portion off Valley Hill Road. The current applicant did not cause these constraints, so relief by major zoning modification is warranted: (1) release from the infeasible plan and (2) a new plan for the southern portion only. STAFF RECOMMENDED CONDITIONS (1 OF 2) 1 Grant a major zoning modification releasing the applicant from building the RZ-2023-03 site plan on the physically infeasible northern portion. 2 Subdivide the existing parcel into two parcels; provide Staff a copy of the recorded plat before any land disturbance permit is issued. 3 Develop the southern parcel in substantial conformity with Sheet ZM-02, “Zoning Modification Plan” (Blueprint Partners Engineering, LLC, 5/4/2026; received 8/7/2026). 4 No land disturbance permit (LDP) or development activity until the property is subdivided and the recorded plat is provided to Community Development. 5 6 15 No more than 91 townhome units. No more than six units per townhome building. STAFF RECOMMENDED CONDITIONS (2 OF 2) 7 8 9 10 11 16 At least 75% brick or stone on all four facades of every building (UDC Section 4.4.4). Establish and maintain a 25-foot buffer along the eastern and western sides of the property. Establish an HOA or secure a property management company to maintain common areas. All internal streets shall provide the required minimum turning radii. Obtain a new water and sewer capacity letter from Public Works and comply with its findings. PLANNING COMMISSION ACTION Meeting date: September 17, 2026 RECOMMENDED Case: ZM-2026-02, 55 Valley Hill Road DENIAL Action: The Planning Commission voted to recommend DENIAL. Unanimous 5–0 vote (one member absent) Justification: The Planning Commission did not provide a justification for the denial. This vote is a recommendation; the final decision rests with City Council. 17 REQUEST FOR COUNCIL ACTION Staff requests that City Council APPROVE ZM-2026-02, a major zoning modification for 55 Valley Hill Road, subject to the 11 staff-recommended conditions. 1. Release the infeasible plan 2. Approve the new site plan Free the applicant from building the RZ-2023-03 site plan on the physically infeasible northern portion. Allow development of the southern parcel in substantial conformity with Sheet ZM-02 (91 townhomes max.). Note: the Planning Commission recommended denial (5–0) on September 17, 2026. City Council makes the final decision. 18 Questions or Comments? Ryan Anderson Community Development Department Planning and Zoning Division randerson@stockbridgega.org STATE OF GEORGIA HENRY COUNTY CITY OF STOCKBRIDGE ORDINANCE NO. ____________________ AN ORDINANCE TO APPROVE A MAJOR ZONING MODIFICATION FOR PROPERTY LOCATED AT 55 VALLEY HILL ROAD, PARCEL #S16-01006000, TO PROVIDE FOR MODIFICATIONS TO THE PREVIOUSLY APPROVED SITE PLAN AND ZONING CONDITIONS ASSOCIATED WITH REZONING CASE #RZ-2023-03. WHEREAS, the City Council of the City of Stockbridge desires to facilitate responsible community growth and economic vitality to meet the needs of residents; and WHEREAS, Article IX, Section II, Paragraph IV of the Georgia Constitution empowers the governing authority of each county and of each municipality to adopt plans and exercise the power of zoning; and WHEREAS, the City of Stockbridge is a municipal corporation duly organized and existing under the laws of the State of Georgia; and WHEREAS, the City of Stockbridge, Georgia is empowered to regulate the use of land through zoning regulations in accordance with its Charter and the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.); and WHEREAS, the applicant, Yashesh Shah of Shree Developers Group, has submitted a request for a major zoning modification to amend the previously approved site plan and zoning conditions associated with Rezoning Case #RZ-2023-03 for Parcel #S16-01006000, located at 55 Valley Hill Road; and WHEREAS, the subject property is owned by OTAC Development Group, LLC, consists of approximately 24.908 ± acres, is located in Land Lot 69 of the 12th District, and is situated within the corporate limits of the City of Stockbridge; and WHEREAS, the subject property is currently zoned MFR (Multiple Family Residential) and is designated High-Density Residential on the City's Future Land Use Map, and the requested major zoning modification would not change either the zoning classification or Future Land Use designation of the property; and WHEREAS, on November 13, 2023, the City Council approved Comprehensive Plan Amendment Case #CP-2023-02, Rezoning Case #RZ-2023-03, and Variance Case #VR-2023-02 for the subject property to allow a townhome development, and an administrative (minor) zoning modification eliminating the previously approved road crossing over the creek was subsequently approved on August 4, 2025; and WHEREAS, the northern portion of the subject property contains environmental constraints, including shallow rock, a large debris area, and an undersized railroad culvert, which render the development of the northern portion of the property, and of a road crossing the creek to connect the northern and southern portions of the property, infeasible; and WHEREAS, the purpose of the request is to permit a revised townhome development on the southern portion of the subject property only, consisting of a maximum of ninety-one (91) townhome units on approximately 11.311 ± acres located south of the creek with access from Davis Road, and to allow the subject property to be subdivided into two (2) parcels; and WHEREAS, a public hearing was held in accordance with the Georgia Zoning Procedures Law, and all legal notice and procedural requirements have been satisfied. THEREFORE, IT IS NOW HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKBRIDGE, GEORGIA AS FOLLOWS: SECTION 1. APPROVAL OF ZONING MODIFICATION. The Stockbridge City Council grants Major Zoning Modification Case #ZM-2026-02, amending the previously approved site plan and associated zoning conditions for Rezoning Case #RZ-2023-03 to relieve the applicant of the requirement to develop the previously approved site plan on the physically infeasible northern portion of the property, and to allow the development of a revised townhome community containing a maximum of ninety-one (91) townhome units, resident amenities, and associated site improvements on the southern portion of Parcel #S16-01006000, located at 55 Valley Hill Road. SECTION 2. The zoning conditions specifically addressed in this zoning modification request shall be modified as set forth below. All other zoning conditions associated with CP-2023-02, RZ2023-03, and VR-2023-02 shall remain unchanged and in full force and effect. 1. The southern portion of the subject property shall be developed in substantial conformance with Sheet Number ZM-02, entitled "Zoning Modification Plan," of the two-page conceptual site plan prepared by Blueprint Partners Engineering, LLC, dated May 4, 2026, and received by the Planning and Zoning Office on August 7, 2026, as approved by the Mayor and Council, unless otherwise modified by the conditions of approval herein. Said site plan shall supersede the site plan approved with RZ-2023-03 and the revised site plan approved by administrative zoning modification on August 4, 2025. 2. No Land Disturbance Permit (LDP) shall be issued and no development activity shall occur on the property until the subject property is subdivided into two (2) parcels and a copy of the recorded plat is provided to the Community Development Department. 3. The number of townhome units shall not exceed ninety-one (91) units as depicted on the approved site plan. 4. No more than six (6) townhome units shall be located within a single townhome building. 5. All four (4) façades of each townhome building shall comply with Section 4.4.4 of the Unified Development Code, as amended. A minimum of seventy-five percent (75%) of each façade shall consist of brick or stone. 6. A minimum twenty-five (25) foot buffer shall be established and maintained along the eastern and western sides of the property. 7. A homeowners' association shall be established, or a property management company shall be secured, to maintain the common areas of the property. 8. All internal streets shall provide the required minimum turning radii. 9. The applicant shall obtain a new water and sewer capacity letter from the Public Works Office and shall comply with its findings. 10. All other conditions of approval associated with CP-2023-02, RZ-2023-03, and VR-202302 shall remain in full force and effect unless specifically modified herein. SECTION 3. Public Hearing. Pursuant to the Georgia Zoning Procedures Law and applicable City ordinances, proper notice of the request was provided. A Community Zoning Information Meeting (CZIM) was held on August 12, 2026, and a duly advertised public hearing before the Planning Commission was conducted on August 20, 2026, and continued to a public hearing that was conducted for the Planning Commission on September 17, 2026. Further, a properlyadvertised public hearing on the requested major modification was held not less than 15, nor more than 45, days from the date of publication of notice, and which public hearing before Mayor and City Council was held on October 12, 2026. SECTION 4. Severability. To the extent any portion of this Ordinance is declared to be invalid, unenforceable, or non-binding, that shall not affect the remaining portions of this Ordinance. SECTION 5. Repeal of Conflicting Provisions. All City Ordinances inconsistent with this Ordinance shall be repealed. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council of the City of Stockbridge as provided in the City Charter. SECTION 7. Attorney Authorization. The City Attorney, backed by the City's charter and with the explicit endorsement of the City Council, is authorized to make necessary amendments to contracts, ordinances, resolutions, and documents to align them with the intent of the City Council and ensure compliance with all pertinent city laws and regulations. SO ORDAINED this [____] day of [__________], 2026. ________________________________________ Elton Alexander, Mayor Pro Tem ATTEST: ___________________________________ (SEAL) Cassandra Lester, Interim City Clerk APPROVED AS TO FORM: ______________________________________ QUINTON G. WASHINGTON, City Attorney E 126.21' 87 88 89 90 1 91 2 3 4 5 37 6 38 39 40 7 8 9 571.71' N 39°40'22"W 41 42 10 11 43 12 44 45 46 21 86 19 18 17 13 14 15 C1 85 20 Lin e 23 ee Tr 22 x. 16 N ' STORMWATER MANAGEMENT 71 31 30 29 27 26 "W 1 '4 ' 5 °4 .78 9 8 76 N "W 1 '4 ' 5 5 °4 3.1 9 8 17 OVERALL OVERALL ZONING MODIFICATION PLAN F TP "O 3/ 4 25 DAVIS ROAD - 80' R/W per ref. #1 0 160 DAVIS DR 55 VALLEY HILL RD, STOCKBRIDGE, GA 36 24 ro DB me N o 7 W rF PB 588 . Mi 24 , P tche ,P G ll G 303 , Jr. 7 36 75 28 Je 83 s e 1 r 49 48 47 53 52 51 ct50 c A a r T 44 .2 1 1 ro 79 Ap p 78 S 77 " RB 82 62 61 BS 34 55 54 63 "R 33 56 64 1/ 2 32 57 65 1/2 80 66 ed 59 58 72 67 * 84 73 68 Sh 60 70 69 L2 er Buff e v i t a eget ack 50' V Setb s u rvio mpe 75' I 76 75 74 S RB 81 g " 1/2 F RB 6 Alon L3* 2" 1/ C4 oc k 3' R 3'x rt lve Cu L8 er t pe 4 M Bu etal ild ing UP 4 E B 111 #11) H T (D ot e UP M Bu etal ild ing De A ck Bu ttac ild hed ing LEGEND 113 S PERRY STREET SUITE 206 13926 LAWRENCEVILLE, GA 30046 2 .2 57 ' ing ild u A B as ppro Po ph x. alt di rc lap h ida Po rc h /W R ' ) 50G 341 1 - ,P AYB 1111 L6 D LW d( I n a A ) R G 34 N R 12 P U G 8), (see n O S ,P K (PB 2 L O 7), RF PG NOr (PB 2 A dir ppro ec x. tio cu n lv L7 s S 128.03' +/88' el P. In O.C an ters S d L ect 22 an ion °2 do o 3'4 ve f D 1" r D av E r is 13 ive Ro ad 3. 45 ' F RB 2 re t c Ac a Tr 597 . 13 Gr av 2" 1/ S In SMH Ou : 79 : 8 t: 8.5 09 79 7' .6 2' 8. 37 ' ck etba S s rviou mpe I er ' 5 7 Buff e v i t a eget 50' V 54 .8' 2" 1/2 RB " R F B 18 RB F 1/ 2" RB Ap F pe pro r D x. B 20 84 ' W 32 a UP , P te r G Ea 19 se 3 m en t Un i DB ty B N o 28 apt r F 58 ist , P Ch G ur 25 ch 6 ' 1/ 17 254.24' N 50°04'26"E 40' 2" 1/ DB Kri N s 19 ta L or F 32 . L 8, es PG te 16 r 52 6E4 " 3 08 . 0 N 7. ail F 38 o ' o un n d@ lin e ins 1/2" ide RB R/ W 8 12 19 DB San N or 1 dr PB 074 a J. F 22 4, P Mil , P G ler G 34 30 7 F RB 8 LANDOVER DRIV 30 X FH PG X P.O.B. 1/2" RBF X 22 , N or F Gregory Vinson DB 17584, PG 251 X B /W R X rP N or F IIF SFR LP DB 19209, PG 279 PB 22, PG 30 X pe X N or F Jachin Wallace Jr. DB 19192, PG 2055 8' O "E 5 '3 ' 0 3 °4 3.0 4 8 12 .1 K A R I C U O S 14 W2 9" E L C S '0 01 ° 01 TH 40 N Know what's below. Call 811before you dig. M se arsh e no y ar te ea #1 3 ely DB n D N o 82 arle r F 82 ne ,P B G rin 22 so 8 n 8' .3 96 W5 9" '0 1 °0 01 Ev 2" 1/ na DB ro G 19 uzm 29 a 6, n A PG lv 51 arad 6 o Ge 1'2 1 9° .1' * N R S 63 L1 C3 C2 te d UP L5 UP UP UP D L O UP A. . F.KR/W AD 80' O R DL IL OA H Y T Rref. #1 E LL LAN per A L4 V SP GA 7 12 .0' TYPICAL LOT DETAIL (1"=40') C °3 E) S 58 (TIE LIN 9 E11. 6 " 8 7'2 PL CL is k e e 8' Cr 80 Feet ZM-1 Ap pr ox .L LL CH A CO E AG T S Cu l ve rt ck Ro 3'x 3' C4 m 75' I PL ' 8 9 . 1 o l 1 A E 6 " +/8 ' 8 2 7' E) 68 3 ° S 58 (TIE LIN er r ng C ff u B e tativ e eg V ' 0 5 is C L k ee 113 S PERRY STREET SUITE 206 13926 LAWRENCEVILLE, GA 30046 s iou v r e p ck a b t Se STORMWATER MANAGEMENT 50' V e s ck a b t Se ativ t e g e iou v r e p m 75' I 70 69 72 73 75 74 76 27 26 79 4 5 6 7 8 9 10 11 12 13 14 15 X OT 4" 3/ e Lin L3* ZONING MODIFICATION PLAN ee Tr * L2 S 1/ 1/ C1 0 DAVIS ROAD - 80' R/W 20 40 Feet RB R/ W per ref. #1 /2 " R DRIVE FH 1/ X 571.71' N 39°40'22"W N W " 4' 1 5 8' 4 ° 7 . 9 8 76 DAVIS DR 55 VALLEY HILL RD, STOCKBRIDGE, GA X 91 3 S 8 X 90 2 2" 1/2 RB " R F B X 1 16 el X 89 17 Gr av P. In O.C an ters S d L ect 22 an ion °2 do o 3'4 ve f D 1" r D av E riv is R 13 e oa 3. d 45 ' 1/ X 88 18 S F RB 86 N Je ro DB me N o 75 W. r F PB 88 Mi 24 , P tche ,P G ll G 303 , Jr. 7 21 ox . 38 39 40 W " 4' 1 ' 5 5 4 1 ° . 89 173 RB 37 2" 36 1/ 128.03' 36 19 87 126.21' 18 34 20 X 12 33 44 45 46 85 2" X Know what's below. Call 811before you dig. 32 22 X 17 X 40' X N 50°04'26"2E54.24' X 84 43 41 42 23 Ap pr X 83 24 B R " 2 X 82 25 Sh ed 55 54 56 S 57 PF s e 1 r 49 48 47 51 50 t 52 c 53 c a A r T 44 .1 2 1 B 2" R F RB 59 58 60 81 1/ 8' R C ' 28 2" .1 P.O.B. 1/2" RBF TYPICAL LOT DETAIL (1"=40') 29 75 SS In MH Ou : 79 : 8 t: 8.5 09 79 7' .6 2' 8. 37 ' 30 78 4 21 "W 09 N or F Gregory Vinson DB 17584, PG 251 62 61 77 1' N or F Jachin Wallace Jr. DB 19192, PG 2055 63 31 °0 01 F SFR LP 9209, PG 279 B 22, PG 30 64 65 L 1 * N n 10 dra PB 74 J. 22 4, P Mil , P G ler G 34 30 7 68 66 71 80 DB 67 C2 E " 5 3 ' ' 0 3 4 ° 3.0 4 8 12 S LEGEND er f f u B ZM-2 Course Bearing Distance C1 Rad: 1458.40' Tan: 84.55' Chd: N 35°11'18" W Rad: 1459.81' Tan: 321.02' Chd: S 01°43'48" W Rad: 621.24' Tan: 51.11' Chd: S 68°27'06" E Rad: 2084.15' Tan: 49.03' Chd: S 15°09'31" W A: 168.92' CA: 6°38'10" 168.82' A: 631.99' CA: 24°48'17" 627.06' A: 101.99' CA: 9°24'24" 101.88' A: 98.03' CA: 2°41'42" 98.02' C2 C3 C4 Course Bearing Distance L1* L2* L3* L4 L5 L6 L7 L8 N 00°14'19" E N 89°45'41" W S 49°10'24" W S 73°39'05" E S 17°01'54" W S 18°15'06" W S 17°44'20" W S 16°29'44" W 34.40' 65.55' 52.37' 190.41' 92.33' 510.57' 104.87' 61.12' NOTES: 1. Field Data: This survey was conducted using GPS, static and real time kinematic methods. A relative positional precision, for horizontal measurements, of less than 0.07' + 50ppm at the 95% confidence interval was achieved. 2. Field Measurements were taken with a Carlson BRx7, dual frequency receiver base station and rover on 05-28-2026, 05-29-2026 and were adjusted using the Least Squares Method. 3. Bearings are based on Grid North, Ga West Zone, NAD 83 and established using a Carlson BRx7, dual frequency receiver base station and rover. 4. Plat Precision: 1'/359,594', Tract 2: 1'/736,403'. 5. The public records referenced hereon reflect only those records necessary to establish the boundaries hereon, and reference to the same does not and is not intended to constitute a title search or title opinion. 6. This property is not located in a Flood Hazard Area as indicated on F.I.R.M. No. 13151C0086D, dated 10-06-2016. 7. Building setbacks and buffers may not be shown hereon. They are governed by the local jurisdiction and should be confirmed prior to land planning or construction activities. 8. Tax Parcel: S16-01006000 9. Zoning: MFR 10. UTILITIES NOTE: The locations of underground utilities shown hereon are approximate and are based on above ground evidence. The location, type, size, depth, and existence of all underground utilities should be field verified prior to any construction related activities. 11. RIGHT OF WAY NOTE: PB 6, PG 47 labels the railway right of way with a width of 180 feet. However, the measurements provided in PB 6, PG 47, iron pins found in the field, and adjoining property records indicate that the railway right of way is 150 feet wide. A title analysis is recommended to confirm the right of way width for the railway. 12. Elevations are based on NAVD88 and were established using a Carlson BRx7, dual frequency receiver base station and rover. GPS positions were solved using the NOAA Online Positioning User Service. 13. Evidence of state waters was observed during the course of this survey. However, should a qualified environmental engineer or county agency determine that state waters do exist, county and state buffers will apply. * New property line created to convey area to adjacent owner. S 89°11'23"E 640.08' Approx. LLL 1/2" RBF 1/2" RBF UP C3 L4 ' 57.2 Buil ding UP Approx. dilapidated asphalt Porch 127 .0' Deck Metal Building UP 63.1 ' L6 Tract 2 13.597 Acres UP Marshy area see note #13 Metal Building 54.8 75 . .B BF O P. 2" R 1/ eta tiv 1/2" RBF ou sS eB uff etb er L7 (PB eg N ac 4' k ' 2 4. 8.03 5 2 2 1 E 6" 2 ' 1/2" RBF 04 50 NOR F ' Im per 'V 75 OLK 8 50 3'x3' Rock Culvert Approx. culvert direction ' 21 . 26 1 SSMH: 806.84' In: 792.82' Out: 792.62' P.O.C Intersection of Davis Road and Landover Drive S 22°23'41" E 133.45' W "W 22 R/ 0' 0' °4 39 - 81 N AD ef. # RO per r IS D 68 S 5 ' +/- A 8° lon 37 g C ' (TI 28" reek EL E 6 CL is IN E) 11.9 PL 8' Tract 1 11.244 Acres V DA N LA k L8 n F so 1 or in 25 N ry V PG go 84, re G 175 DB R E OV E IV R D SSMH: 809.62' In: 798.57' Out: 798.37' 18 FH SSMH: 805.44' In: 796.14' Out: 795.94' ac ° 128 SSMH: 810.62' In: 799.62' Out: 799.42' etb eB uff er rvi ' 40 tiv pe 17 sS eta C4 per PB 22, PG 30 rvi ou 'V eg N 01°01'09"W 214.18' 9 F P . or L 27 Jr 5 N R G SF 9, P 30 or F lace 205 IIF 20 , PG N al G W P 19 22 n 2, i ch 919 DB PB a J 1 DB OAK CIRCLE SOUTH - 40 R/W ' Im pe 50 19 N or F Sandra J. Miller DB 10744, PG 347 PB 22, PG 30 ' S 24 P G 7) OUTH , (PB ERN 24, PG RAI 8), ( LWA DB Y-1 (see 11112 PG note 50' R 34) #11) and /W (DB 111 12, PG 34 N 01°01'09"W 596.38' Attached Building 1/2" RBF Approx. LLL UP Porch S 84°40'35"E 123.03' TA G ECO A UP Approx. 20' Water Easement per DB 8432, PG 193 N or F Evelyn Darlene Brinson DB 8282, PG 228 OL DS VAL GAS LEY HI L PLA NT L ROAD ROA F.K. UP p D er re A. f. #1 - 80' R/W UP N or F Unity Baptist Church DB 2858, PG 256 L5 N or F Krista L. Lester DB 19328, PG 1652 REFERENCES: 1. Warranty Deed granted to OTAC Development Group, LLC, dated 02-04-2013, recorded in Deed Book 12947, Page 251-253, further described on a Survey for Richard A. Holcomb, by Metro Engineering and Surveying Co., Inc., dated 07-25-1974, and recorded in Plat Book 6, Page 47. 1) N or F Genaro Guzman Alvarado DB 19296, PG 516 CH R OA D CLERK OF THE COURT FILING INFORMATION 1' 1.7 C2 57 SSMH: 795.49' In: 789.79' Out: 789.59' Gravel 1/2" RBS 1/2" RBF * L3 S RB L2* Shed L1* 1/2" 1/2 "R C1 BS 75' Approx. Tree Line 1/2" RBS N 89°45'41"W 3/4" OTPF 173.15' Nail Found @ 1/2" RB 7.38' on line inside R/W N 89°45'41"W 76.78' SSMH: 785.01' In: 778.16' Out: 777.96' N or F Jerome W. Mitchell, Jr. DB 7588, PG 303 PB 24, PG 7 SURVEYOR'S CERTIFICATE: As required by subsection (d) of O.C.G.A. Section 15-6-67, this plat has been prepared by a land surveyor and approved by all applicable local jurisdictions for recording as evidenced by approval certificates, signatures, or statements hereon. Such approvals or affirmations should be confirmed with the appropriate governmental bodies by any purchaser or user of this plat as to intended use of any parcel. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. Revised 07-10-2026 to address county comments and add parent parcel. 06-03-2026 ________________________________________________ Neil A. McWhorter, GA RLS # 2644 Date K.E.Q., Inc. Certificate of Authorization Number LSF000275 Land Lot 69, 12th Dist. City of Stockbridge, Henry County, Georgia 06-03-2026 416 Pirkle Ferry Road Building H, Unit 300 Cumming, GA 30040 (770) 889-9430 www.mga-se.com K.E.Q., Inc. 2026 13499 FILE: Course Bearing Distance C1 Rad: 1458.40' Tan: 84.55' Chd: N 35°11'18" W Rad: 1459.81' Tan: 321.02' Chd: S 01°43'48" W A: 168.92' CA: 6°38'10" 168.82' A: 631.99' CA: 24°48'17" 627.06' C2 NOTES: 1. Field Data: This survey was conducted using GPS, static and real time kinematic methods. A relative positional precision, for horizontal measurements, of less than 0.07' + 50ppm at the 95% confidence interval was achieved. 2. Field Measurements were taken with a Carlson BRx7, dual frequency receiver base station and rover on 05-28-2026, 05-29-2026 and were adjusted using the Least Squares Method. 3. Bearings are based on Grid North, Ga West Zone, NAD 83 and established using a Carlson BRx7, dual frequency receiver base station and rover. 4. Plat Precision: 1'/1,144,583'. 5. The public records referenced hereon reflect only those records necessary to establish the boundaries hereon, and reference to the same does not and is not intended to constitute a title search or title opinion. 6. This property is not located in a Flood Hazard Area as indicated on F.I.R.M. No. 13151C0086D, dated 10-06-2016. 7. Building setbacks and buffers may not be shown hereon. They are governed by the local jurisdiction and should be confirmed prior to land planning or construction activities. 8. Tax Parcel: S16-01006000 Address: 55 Valley Hill Road, Stockbridge, GA, 30281 9. Zoning: MFR 10. UTILITIES NOTE: The locations of underground utilities shown hereon are approximate and are based on above ground evidence. The location, type, size, depth, and existence of all underground utilities should be field verified prior to any construction related activities. 11. RIGHT OF WAY NOTE: PB 6, PG 47 labels the railway right of way with a width of 180 feet. However, the measurements provided in PB 6, PG 47, iron pins found in the field, and adjoining property records indicate that the railway right of way is 150 feet wide. A title analysis is recommended to confirm the right of way width for the railway. 12. Elevations are based on NAVD88 and were established using a Carlson BRx7, dual frequency receiver base station and rover. GPS positions were solved using the NOAA Online Positioning User Service. CLERK OF THE COURT FILING INFORMATION 1/2" RBF LEGAL DESCRIPTION - SUBJECT PARCEL (SURVEYED LEGAL) N 01°01'09"W 596.38' All that tract or parcel of land lying in Land Lot 69, 12th district, Henry County, Georgia, being more particularly described as follows: 1/2" RBF 19 "E '26 1/2" RBF 4 °0 50 SSMH: 806.84' In: 792.82' Out: 792.62' FH SSMH: 805.44' In: 796.14' Out: 795.94' E IV R D N 39 R Tract 1 11.311 Acres P.O.C Intersection of Davis Road and Landover Drive S 22°23'41" E 133.45' S VI 57 0' -8 1 AD ef. # RO per r "W 22 0' °4 DA N LA VE O D Approx. culvert direction ' RAILWAY - 150' R/W 1 1 .2 26 3'x3' Rock Culvert 1.7 1' W R/ SSMH: 795.49' In: 789.79' Out: 789.59' 75' 416 Pirkle Ferry Road Building H, Unit 300 Cumming, GA 30040 (770) 889-9430 www.mga-se.com 1/2" RBF Schedule B-II Exceptions 11. Water Easement to Clayton County Water Authority dated February 3, 2005 and recorded in Deed Book 8432, Page 193, Henry County, Georgia Records. Easement does not affect the subject property. 12. Easement to Georgia Power Company dated August 8, 1975 and recorded in Deed Book 246, Page 122, Henry County, Georgia Records. Easement is blanket in nature and the deed does not contain enough information to determine a location. 13. Any and all matters as disclosed by plat of survey recorded in Plat Book 6, Page 47, Henry County, Georgia Records. Plat affects the subject property show hereon. PG 8), (DB 11112 PG 34) and (DB 11112, PG 341 ) (see note #11) N Ve ge tat ' Im ive pe Bu rvi ou ffe sS r etb ac k NORFOLK SOUTHERN SSMH: 810.62' In: 799.62' Out: 799.42' 50 ' 4' .2 .03' 4 25 128 17 8 75 18 ' 40 68 S 5 ' +/- A 8° lon 37 g C ' (TI 28" reek EL E 6 CL is IN E) 11.9 PL 8' per (PB 24 PG 7), (PB 24, per PB 22, PG 30 SSMH: 809.62' In: 798.57' Out: 798.37' Stewart Title Guaranty Company Commitment No.: Commitment Date: ALTA Owners Policy (2026) Proposed Insured: Shree Real Estate Developers LLC C2 OAK CIRCLE SOUTH - 40 R/W N 01°01'09"W 214.18' N or F Sandra J. Miller DB 10744, PG 347 PB 22, PG 30 . .B BF O P. 2" R 1/ All that tract or parcel of land lying and being in Land Lot 69 of the 12th District, Henry County, Georgia, being Tract 1-A, containing 10.00 acres, more or less, together with Tract 1-B, containing 11.62 acres, more or less, together with Tract 2, containing 3.34 acres, more or less, (for a total of 24.96 acres, more or less) as per plat recorded in Plat Book 6, Page 47, Henry County, Georgia Records, which plat is incorporated herein by reference and made a part of this description. Said property being known as 55 Valley Hill Road according to the present system of numbering property in Henry County, Georgia. N or F OTAC Development Group, LLC DB 12947, PG 251 PB 6, PG 47 S 84°40'35"E 123.03' 128 LEGAL DESCRIPTION - PARENT PARCEL - DEED BOOK 12947, PAGE 251-253 (RECORD LEGAL) REFERENCES: 1. Warranty Deed granted to OTAC Development Group, LLC, dated 02-04-2013, recorded in Deed Book 12947, Page 251-253, further described on a Survey for Richard A. Holcomb, by Metro Engineering and Surveying Co., Inc., dated 07-25-1974, and recorded in Plat Book 6, Page 47. (not to scale) 9 F P . or L 27 Jr 5 N R G SF , P 30 or F lace 205 IIF 209 , PG N al G W P 19 22 in 2, ch 919 DB PB a J 1 DB Said Tract contains 11.311 Acres more or less Parent Parcel Remaining +/- 13.623 Acres F son 1 or in 25 N ry V PG go 84, re G 175 DB Commencing at the intersection of Davis Road (50'R/W) and Landover Drive; thence, North 22 Degrees 23 Minutes 41 Seconds West to a ½” rebar on the Eastern Right of Way of Davis Road, said point being the True Point of Beginning; thence, leaving the Eastern Right of Way North 50 Degrees 04 Minutes 26 Seconds East a distance of 254.24 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 214.18 feet to a ½” rebar; thence, South 84 Degrees 40 Minutes 35 Seconds East a distance of 123.03 feet to a point in the centerline of a creek; thence, along the centerline of the creek in a southeasterly direction for a distance of 688' more or less to a point in the centerline of the creek, said creek being subtended by the following tie line, South 58 Degrees 37 Minutes 28 Seconds East a distance of 611.98 feet to a point on the Western Right of Way of Norfolk Southern Railway (150'R/W); thence, following said Right of Way with a curve turning to the left with an arc length of 631.99 feet, with a radius of 1459.81 feet, with a chord bearing of South 01 Degrees 43 Minutes 48 Seconds West, with a chord length of 627.06 feet to a ¾” open top; thence, leaving the Western Right of Way of Norfolk Southern Railway North 89 Degrees 45 Minutes 41 Seconds West a distance of 354.96 feet to a ½” rebar on the Eastern Right of Way of Davis Road; thence, following said Right of Way with a curve turning to the left with an arc length of 168.92 feet, with a radius of 1458.40 feet, with a chord bearing of North 35 Degrees 11 Minutes 18 Seconds West, with a chord length of 168.82 feet to a point; thence, North 39 Degrees 40 Minutes 22 Seconds West a distance of 571.71 feet to a ½” rebar, said point being True Point of Beginning C1 Gravel 33.4' North of PL Shed 11.9' North of PL 1/2" RBF Approx. Tree Line N 89°45'41"W 354.96' Nail Found @ 1/2" RB 7.38' on line inside R/W 3/4" OTPF N or F Jerome W. Mitchell, Jr. DB 7588, PG 303 PB 24, PG 7 SSMH: 785.01' In: 778.16' Out: 777.96' SURVEYOR'S CERTIFICATE: This plat is a retracement of an existing parcel or parcels of land and does not subdivide or create a new parcel or make any changes to any real property boundaries. The recording information of the documents, maps, plats, or other instruments which created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. SURVEYOR'S CERTIFICATE (ALTA/NSPS): To: Shree Real Estate Developers LLC & Stewart Title Guaranty Company This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2026 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6a, 7a, 8, 9, 11a and 13 of Table A thereof. The fieldwork was completed on 05-28-2026 and 05-29-2026. Date of Plat or Map: 06-18-2026 06-18-2026 _______________________________________________ Neil A. McWhorter, GA RLS # 2644 Date K.E.Q., Inc. Certificate of Authorization Number LSF000275 13499.ALTA Traffic Impact Study Davis Road Townhomes Stockbridge, Georgia Report Prepared: September 2026 Prepared for: Shree Developers Group, LLC Prepared by: Kimley-Horn and Associates, Inc. 1200 Peachtree Street, Suite 800 Atlanta, GA 30309 September 2026 PROJECT #017511002 026 2 10/ 09/ Traffic Impact Study Davis Road Townhomes Stockbridge, Georgia Report Prepared: September 2026 Prepared for: Shree Developers Group, LLC Prepared by: Kimley-Horn and Associates, Inc. 1200 Peachtree Street, Suite 800 Atlanta, GA 30309 September 2026 PROJECT #017511002 CONTENTS 1.0 Introduction ................................................................................................................................. 1 2.0 Study Area Determination ........................................................................................................... 1 3.0 Existing Traffic Conditions ........................................................................................................... 4 4.0 3.1 Roadway Conditions ....................................................................................................... 4 3.2 Vehicular Volumes.......................................................................................................... 4 3.3 Alternative Transportation Modes ................................................................................... 4 3.4 Parking ........................................................................................................................... 4 3.5 Intersection Sight Distance ............................................................................................. 6 Projected Background (Non-Project) Traffic................................................................................. 6 4.1 5.0 Future Roadway/Intersection Projects............................................................................. 6 Project Traffic.............................................................................................................................. 8 5.1 Project Site Access......................................................................................................... 8 5.2 Trip Generation .............................................................................................................. 8 5.3 Trip Distribution and Assignment .................................................................................... 9 6.0 Level-Of-Service Analysis ......................................................................................................... 13 7.0 Conclusion ................................................................................................................................ 14 7.1 Site Access Improvement Recommendations ............................................................... 15 7.2 Multimodal Considerations ............................................................................................ 15 Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 i FIGURES Figure 1: Site Location Map ..................................................................................................................... 2 Figure 2: Site Aerial ................................................................................................................................. 3 Figure 3: Existing 2026 Traffic Conditions ................................................................................................ 5 Figure 4: No-Build 2029 Traffic Conditions ............................................................................................... 7 Figure 5: Residential Trip Distribution and Assignment........................................................................... 10 Figure 6: Project Trips ........................................................................................................................... 11 Figure 7: Build 2029 Traffic Conditions .................................................................................................. 12 TABLES Table 1: Peak Hour Summary .................................................................................................................. 4 Table 2: Project Trip Generation Summary .............................................................................................. 9 Table 3: Level-of-Service Summary ....................................................................................................... 14 APPENDICES Appendix A: Site Plan Appendix B: Traffic Count Data Appendix C: Growth Rate Analysis Appendix D: Henry County Comprehensive Transportation Plan (CTP) Excerpt Appendix E: Trip Generation Worksheet Appendix F: Intersection Volume Worksheets Appendix G: Synchro Analysis Reports Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 ii 1.0 INTRODUCTION This report presents the analysis of the anticipated traffic impacts associated with the Davis Road Townhome development, which is expected to be completed in 2029 (referred to herein as Build Year or “build-out year”). As currently envisioned, the development will consist of approximately 91 townhome residential units. The approximate 11.3-acre site is located to the northeast of Davis Road across from Landover Drive in the city of Stockbridge, Georgia. The proposed development will be served by two (2) proposed driveways, one of which will connect to the existing side-street stop-controlled intersection of Davis Road at Landover Drive as a new fourth leg, while the other one connects to Davis Road approximately 400 feet southeast of this intersection. This report will summarize the analyses of the following three (3) scenarios: 1. Existing 2026 Traffic Conditions 2. 2029 No-Build Traffic Conditions 3. 2029 Build Traffic Conditions Figure 1 provides a location map of the project site. Figure 2 provides an aerial image that captures the project site and the study roadway network. A site plan is also included in Appendix A. 2.0 STUDY AREA DETERMINATION The study area consists of the following intersections: 1. Davis Road at Landover Drive/Proposed Driveway A 2. Davis Road at Proposed Driveway B This analysis considers Davis Road as having a north-south orientation and Landover Drive and site driveways as having an east-west orientation. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 1 N SITE Davis Road Townhomes Traffic Impact Study Site Location Map Figure 1 Page 2 N SITE Landover Drive Norfolk S outh e rn lw a R ai Creek Circle y Davis Road Davis Road Townhomes Traffic Impact Study Site Aerial Figure 2 Page 3 3.0 EXISTING TRAFFIC CONDITIONS 3.1 ROADWAY CONDITIONS Davis Road is an undivided two-lane local road with a posted speed limit of 35 MPH. GDOT counts taken at Estates Avenue northwest of the site indicated an annual average daily traffic (AADT) volume of approximately 4,620 vehicles per day in 2025. Landover Drive is an undivided two-lane local road with a posted speed limit of 30 MPH. Additionally, there are no GDOT count stations along Landover Drive. 3.2 VEHICULAR VOLUMES Intersection turning movement volume counts were collected while schools were in session on Thursday August 27, 2026, during the AM period (7:00 AM to 9:00 AM) and the PM period (4:00 PM to 6:00 PM). The AM and PM peak hours for the one (1) existing study intersection are shown in Table 1. Complete traffic count data is provided in Appendix B. Table 1: Peak Hour Summary 1. Intersection AM Peak Hour PM Peak Hour Davis Road at Landover Drive/Proposed Driveway A 7:15 AM - 8:15 AM 5:00 PM – 6:00 PM Figure 3 illustrates the Existing 2026 peak hour traffic volumes at the study intersection as well as the existing roadway geometry (intersection layout). 3.3 ALTERNATIVE TRANSPORTATION MODES The MARTA Battle Creek Road bus route (Route 197) operates in the vicinity of the project site providing daily service with stops at Mount Zion High School and relevant Riverdale downtown areas. The nearest stop for this bus route is Davidson Parkway at Davidson Circle East MARTA Stop, approximately 1.6 miles west of the site. Davis Road does not have sidewalks on either side of the road along site frontage; there are ongoing Henry County plans to construct sidewalks along site frontage on both sides of the road. Sidewalks are additionally proposed along site frontage as part of the Davis Road Townhomes development as shown in the site plan. 3.4 PARKING Stockbridge parking requirements include two (2) spaces per townhome unit and one (1) guest space per three (3) townhome units. The proposed site plan includes 381 spaces, exceeding the required parking of 212 spaces per the city of Stockbridge requirements. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 4 2 (1) 67 (138) N 1 Landover Drive Proposed Driveway A (3) 1 (60) 40 (4) 1 (4) 4 71 (142) SITE 2 (63) 41 Proposed Driveway B Existing Laneage XX AM Peak Hour Traffic Volume (XX) PM Peak Hour Traffic Volume Existing Stop Control X Davis Road LEGEND Intersection Reference Number Davis Road Townhomes Traffic Impact Study Existing 2026 Traffic Conditions Figure 3 Page 5 3.5 INTERSECTION SIGHT DISTANCE Per AASHTO Green Book intersection sight distance criteria for a stop-controlled approach onto a 35 mph roadway, approximately 390 feet of sight distance is required in both the left and right directions along the major roadway. Available sight distance was compared to this criterion to assess the adequacy of the proposed site access. The available sight distance for the proposed site driveway is approximately as follows: • Site Driveway A (Intersection 1): 1,500 feet looking to the northwest, 900 feet looking to the southeast. • Site Driveway B (Intersection 2): 1,900 feet looking to the northwest, 500 feet looking to the southeast. It should be noted that the site plan is still under final development. As the site plan is further defined, the location of the site driveways should be placed to ensure that adequate site distance is provided. However, as currently planned, the sight distance at proposed driveways exceeds AASHTO standards. 4.0 PROJECTED BACKGROUND (NON-PROJECT) TRAFFIC Background traffic is defined as expected traffic on the roadway in future year(s) absent the construction and opening of the proposed project. Background traffic can include a base growth rate based on historical count data as well as population growth data and estimates. The 2022 Reeves Creek II DRI #3799 was identified approximately 1 mile away with an approved growth rate of 1.0%. Project trips within this DRI were not routed through the study network of this analysis based on the DRI’s trip distribution. To account for background traffic, the Existing 2026 traffic volumes were increased by 1.0% per year for three (3) years to account for the expected background growth to Build Year 2029, in line with the nearby DRI and researched population trends. The growth rate analysis is included in Appendix C. Figure 4 illustrates the 2029 No-Build traffic volumes. 4.1 FUTURE ROADWAY/INTERSECTION PROJECTS The ARC’s Atlanta Region’s Plan, Henry County’s Comprehensive Transportation Plan (CTP), and the GDOT GeoPI system were researched for programmed transportation projects within the vicinity of the proposed development: 1. LM-113: This project will install sidewalks along both sides of Davis Road from N Davis Drive to Creek Circle. This project directly intersects with the frontage of the Davis Road Townhomes development. The above project is identified by the Henry County CTP as a long-term sidewalk project and can have an expected build out between 2036 – 2050. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 6 2 (1) 69 (142) N 1 Landover Drive Proposed Driveway A (3) 1 (62) 41 (4) 1 (4) 4 73 (146) SITE 2 (65) 42 Proposed Driveway B Existing Laneage XX AM Peak Hour Traffic Volume (XX) PM Peak Hour Traffic Volume Existing Stop Control X Davis Road LEGEND Intersection Reference Number Davis Road Townhomes Traffic Impact Study No-Build 2029 Traffic Conditions Figure 4 Page 7 Additional sidewalk improvements and other projects can be found within the Henry County Transportation Plan: 2022 Update. Details for this project are included in Appendix D. No programmed projects were identified which would impact the vehicular study network for future conditions. 5.0 PROJECT TRAFFIC Project traffic used in this analysis is defined as the vehicle trips expected to be generated by the development and the distribution and assignment of that traffic through the study roadway network. This traffic impact study evaluated the impacts of developing approximately 91 townhome residential units. 5.1 PROJECT SITE ACCESS Vehicular access to the proposed Davis Road Townhomes development will be provided at two (2) locations, which are shown on the site plan in Appendix A. A brief description of the vehicle access location is as follows: 1. Site Driveway A – a proposed full-movement driveway along Davis Road located at the side-street stopcontrolled intersection with Landover Drive. Site Driveway A is proposed to align with Landover Drive and add the fourth leg onto the existing T-intersection. 2. Site Driveway B – a proposed right-in, right-out, side-street stop-controlled driveway along Davis Road located approximately 400 feet southeast of the intersection of Davis Road with Landover Drive. See the referenced site plan in Appendix A for a visual representation of vehicular access and circulation throughout the proposed site. 5.2 TRIP GENERATION Traffic for the proposed development was calculated using equations contained in the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, 12th Edition, 2025 and 2nd Edition Handbook. The trip generation was calculated assuming the Single Family Attached Housing (Land Use 215) land use. Table 2 summarizes the project trip generation for the proposed development under full build-out. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 8 Table 2: Project Trip Generation Summary ITE Code Land Use Density 215 Single Family Attached Housing 91 units Gross Project Trips Daily Traffic AM Peak Hour PM Peak Hour Total Enter Exit Total Enter Exit Total Enter Exit 1,000 500 500 67 18 49 88 55 33 1,000 500 500 67 18 49 88 55 33 Mixed-Use Reduction 0 0 0 0 0 0 0 0 0 Alternative Mode Reductions 0 0 0 0 0 0 0 0 0 Pass-By Reductions 0 0 0 0 0 0 0 0 0 1,000 500 500 67 18 49 88 55 33 Net New Trips Due to the size, nature, and location of the proposed development, mixed use, alternative mode and passby reductions were assumed to be zero for a conservatively high analysis. Appendix E provides the detailed trip generation worksheet for the proposed development. 5.3 TRIP DISTRIBUTION AND ASSIGNMENT The directional distribution and assignment of new project trips was based on a review of land uses and population densities in the area and the existing peak hour turning movement counts. A detailed trip distribution and assignment for the project residential vehicle trips is illustrated in Figure 5. Based on the trip generation in Table 2 and the anticipated trip distribution, net new project trips were assigned to the study roadway network and are illustrated on Figure 6. The project trips from Figure 6 were added to the 2029 No Build traffic volumes (shown on Figure 4) to produce the 2029 Build Traffic Volumes. Figure 7 illustrates the 2029 Build traffic conditions. Appendix F provides the intersection volume worksheets within the study network, including the proposed driveway. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 9 60% N Proposed Driveway A (20%) 10% Landover Drive 1 (40%) (40%) (40%) SITE 2 Proposed Driveway B LEGEND Turning Movement XX (XX) Entering Percentages Exiting Percentages Davis Road 10% 30% (20%) Existing Stop Control Proposed Stop Control X Intersection Reference Number Davis Road Townhomes Traffic Impact Study Project Trip Distribution and Assignment Figure 5 Page 10 11 (33) N Proposed Driveway A (7) 10 (6) 2 Landover Drive 1 20 (13) 20 (13) 20 (13) SITE 2 Proposed Driveway B LEGEND Turning Movement XX (XX) AM Peak Hour Project Trips PM Peak Hour Project Trips Davis Road (6) 2 (17) 5 10 (7) Existing Stop Control Proposed Stop Control X Intersection Reference Number Davis Road Townhomes Traffic Impact Study Project Trips Figure 6 Page 11 2 (1) 69 (142) 11 (33) N 1 20 (13) 0 (0) 20 (13) Landover Drive Proposed Driveway A (3) 1 (62) 51 (6) 2 (4) 1 (0) 0 (4) 4 93 (159) SITE 2 Proposed Driveway B (71) 44 (17) 5 10 (7) Existing Laneage Proposed Laneage XX (XX) AM Peak Hour Traffic Volume PM Peak Hour Traffic Volume Davis Road LEGEND Existing Stop Control Proposed Stop Control X Intersection Reference Number Davis Road Townhomes Traffic Impact Study Build 2029 Traffic Conditions Figure 7 Page 12 6.0 LEVEL-OF-SERVICE ANALYSIS Level-of-service (LOS) determinations were made for the weekday AM and PM peak hours for the existing study network intersections and proposed site-access intersections using Synchro, Version 12. The program uses methodologies contained in the Highway Capacity Manual 6th Edition to determine the operating characteristics of an intersection. Capacity is defined as the maximum number of vehicles that can travel through a particular road segment or through a particular intersection within a specified period under prevailing roadway, traffic, and control conditions. LOS is used to describe the operating characteristics of a road segment or intersection in relation to its capacity. LOS is defined as a qualitative measure that describes operational conditions and motorists’ perceptions of a traffic stream. The Highway Capacity Manual defines six levels of service, LOS A through LOS F, with A being the best and F the worst. LOS for signalized intersections are reported for the intersection as a whole. One or more movements at an intersection may experience a low LOS, while the intersection as a whole may operate acceptably. LOS for unsignalized intersections, with stop control on the minor street(s) only, are reported for the side street approaches and major street left turns. Low levels-of-service for side street approaches are not uncommon, as vehicles may experience significant delay turning onto a major roadway. In addition to the Existing 2026 traffic conditions, analyses were performed for the AM and PM peak hours for the 2029 No-Build traffic conditions and the 2029 Build traffic conditions. The results of the LOS analysis for the Existing 2026 and Future Year 2029 scenarios are summarized in Table 3. Synchro analysis reports are included in Appendix G. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 13 Table 3: Level-of-Service Summary LOS (Delay in Seconds) Intersection Approach/ Movement 2. Davis Road at Landover Drive/Site Driveway A (TWSC) Davis Road at Site Driveway B (TWSC, RIRO) 2029 No Build 2029 Build AM Peak PM Peak AM Peak PM Peak AM Peak PM Peak A (8.9) A (9.4) A (8.9) A (9.5) A (9.0) B (10.0) A (9.5) A (9.9) A (7.4) A (7.5) Southbound Left A (7.4) A (7.4) Westbound Stop A (8.6) A (8.7) Eastbound Stop 1. Existing 2026 Westbound Stop Northbound Left A (7.4) A (7.5) A (7.4) A (7.5) As shown in Table 3, the Existing 2026, 2029 No-Build and Build scenarios for the intersection are projected to operate at LOS B or better during the AM and PM peak hours for all movements and approaches. Synchro analysis reports including the volume to capacity ratios and LOS per approach are included in Appendix G. 7.0 CONCLUSION This traffic study evaluated the traffic impacts associated with the Davis Road Townhomes development, located to the north side of Davis Road across from Landover Drive in Henry County, Georgia. The development, which is approximately 11.3 acres in size, will consist of 91 townhome residential units. The Davis Road Townhome development is anticipated to be completed and open to traffic by year 2029. This report included the analyses of the following three (3) scenarios: 1. Existing 2026 Traffic Conditions 2. 2029 No-Build Traffic Conditions 3. 2029 Build Traffic Conditions The proposed development will be served by two (2) proposed driveways. One proposed full-movement driveway connects to the side-street, stop-controlled intersection of Davis Road opposite Landover Drive. The seconds proposed site driveway is a right-in, right-out driveway approximately 400 feet southeast of the intersection of Davis Road at Landover Drive. The study network, which consists of one (1) existing intersection and an additional intersection created by proposed site driveway B, was analyzed for the weekday AM and PM peak hours. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 14 The level-of-service (LOS) analysis indicates that all intersections and approaches currently operate at an acceptable LOS during the AM and PM peak hours and are projected to continue operating at an acceptable LOS under all future scenarios. 7.1 SITE ACCESS IMPROVEMENT RECOMMENDATIONS Based on the results of this study for the Davis Road Townhomes development, the following site-access (“Build”) improvements are recommended: • Intersection 1 – Davis Road at Landover Drive and Site Driveway A o Per the site plan, construct a full-movement driveway that connects to the existing sidestreet stop-controlled intersection of Davis Road at Landover Drive. This will contain one (1) ingress lane and one (1) egress lane. • Intersection 2 – Davis Road at Site Driveway B o Per the site plan, construct a right-in, right-out side-street stop-controlled intersection which connects to Davis Road approximately 400 feet southeast of Landover Drive and Site Driveway A. This will contain one (1) ingress lane and one (1) egress lane. 7.2 MULTIMODAL CONSIDERATIONS Consistent with the City of Stockbridge Unified Development Code, pedestrian accommodations are anticipated to be provided as part of the proposed townhome development, including frontage sidewalk improvements and internal pedestrian connectivity. Preliminary site plans include a 10-foot-wide walking trail along site frontage and 5-foot-wide sidewalks within the site. Please refer to the site plan in Appendix A for additional details. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 15 APPENDIX A Site Plan Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 A t er 3' Ro ck Cu lv 3'x C4 is C L k ee PL ' 8 9 . 1 o l 1 A E 6 " +/8 ' 8 2 7' E) 68 3 ° S 58 (TIE LIN ffer u B e tativ r ng C ge e V 50' 113 S PERRY STREET SUITE 206 13926 LAWRENCEVILLE, GA 30046 75' us o i v r Impe ck a b t Se STORMWATER MANAGEMENT 50' V e s ck a b t Se ativ t e g e iou v r e p m 75' I 70 69 72 73 75 74 76 67 68 66 64 65 63 C2 62 61 71 N 30 77 TYPICAL LOT DETAIL (1"=40') 29 28 78 C ' SS In MH Ou : 79 : 8 t: 8.5 09 79 7' .6 2' 8. 37 ' 31 75 E " 5 3 ' ' 0 3 4 ° 3.0 4 8 12 S LEGEND er f f u B 27 26 79 X 91 4 6 7 8 9 10 11 12 13 14 15 C1 3/ e Lin ZONING MODIFICATION PLAN ee Tr ox . BS 1/ 0 DAVIS ROAD - 80' R/W 20 40 Feet "R B R/ W per ref. #1 /2 R DRIVE FH N 1/ X 571.71' N 39°40'22"W 4" O TP F el 5 S 3 W " 4' 1 5 8' 4 ° 7 . 9 8 76 DAVIS DR 55 VALLEY HILL RD, STOCKBRIDGE, GA X 90 2 2" 1/2 RB " R F B 8 X 1 16 Gr av P. In O.C an ters S d L ect 22 an ion °2 do o 3'4 ve f D 1" r D av E riv is R 13 e oa 3. d 45 ' X 89 17 L3* RB F 88 18 N W " 4' 1 ' 5 5 4 1 ° . 89 173 Je ro DB me N o 75 W. r F PB 88 Mi 24 , P tche ,P G ll G 303 , Jr. 7 21 2" R 38 39 40 1/ 37 Ap pr 128.03' 1/ 87 126.21' 18 36 86 X 12 36 19 X Know what's below. Call 811before you dig. 34 20 X R 33 85 2" X P.O.B. 1/2" RBF 32 44 45 46 X 17 X 40' X N or F Gregory Vinson DB 17584, PG 251 N 50°04'26"2E54.24' X N or F Jachin Wallace Jr. DB 19192, PG 2055 84 43 41 42 22 Sh ed X F SFR LP 9209, PG 279 B 22, PG 30 23 S B R " 1/2 X 83 24 S 1/ ' 82 25 B 2" R 55 54 56 2" 8 .1 RB 81 57 L2 * F 4 21 "W 09 DB n 10 dra PB 74 J. 22 4, P Mil , P G ler G 34 30 7 1' 59 58 60 L 1 * °0 01 s e 1 r 49 48 47 51 50 t 52 c 53 c a A r T 44 .1 2 1 80 ZM-2 APPENDIX B Traffic Count Data Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 B Peak Hour Turning Movement Count Stockbridge, GA Click here for Map Right Thru U-Turn www.marrtraffic.com RightThruU-Turn Davis Rd (North) Southbound Session) (08 Thursday, August 27, 2026 (1-3) 2 65 0 67 38 (1-3) Session Parameters Period 0700 - 0900 (4-7) 0 1 0 1 2 (4-7) (Drop Down Menu) Peak Hour 0715 - 0815 (8-13) 0 0 0 0 0 (8-13) Peak Hour Total 2 66 0 68 40 Total Volume * the Peak Hour Diagram does not include Bikes 0 (1-3) (4-7) (8-13) Total 3 0 0 3 5 0 0 5 Classes (1-3) (4-7) (8-13) Total Volume 110 3 0 113 0 Eastbound Landover Dr 0 0 0 0 0 1 0 0 1 4 0 0 4 (1-3) (4-7) (8-13) Total PHF 0 0.7372 0 0 Total 70 40 0 1 39 Total (8-13) 0 0 0 0 0 (8-13) (4-7) 1 2 0 0 2 (4-7) (1-3) 69 38 0 1 37 (1-3) Northbound Davis Rd (South) ThruLeftU-Turn U-Turn Left Thru All vehicles Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 1 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 8 0 9 15 0 15 10 0 10 7 0 7 Total Approach % PHF 1 2.44 0.25 40 97.56 0.67 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 1 0 1 0 0 0 Total Approach % PHF 0 0.00 0.00 1 100.00 0.25 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 1 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 8 0 9 14 0 14 9 0 9 6 0 6 Total Approach % PHF 1 2.63 0.25 37 97.37 0.66 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 1 0 1 0 0 0 1 0 1 Total Approach % PHF 0 0.00 0.00 2 100.00 0.50 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 41 0.68 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 28 1 0 29 13 0 0 13 15 1 0 16 11 0 0 11 Left 1.7 0 1 0 0 - 67 97.10 0.60 1 20.00 0.25 0 0.00 0.00 2 2.90 0.50 0 0.00 0.00 69 0.59 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 1 0 0 1 3 0 3 0 0 0 4 80.00 0.33 0 0.00 0.00 5 0.42 - - - - App Total 0 0 0 0 Int Total 39 29 29 18 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 115 0.74 Int Total 0 0 2 0 2 Bikes 0 0.00 0.00 0 0.00 0.00 1 0.25 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 Left 1.7 0 0 0 0 - 1 100.00 0.25 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 1 0.25 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.25 Int Total 39 27 27 17 110 Passenger Vehicles (1-3) 0 0.00 0.00 0 0.00 0.00 38 0.68 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 28 1 0 29 12 0 0 12 14 1 0 15 11 0 0 11 Left 1.7 0 1 0 0 - 65 97.01 0.58 1 20.00 0.25 0 0.00 0.00 2 2.99 0.50 0 0.00 0.00 67 0.58 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 1 0 0 1 3 0 3 0 0 0 4 80.00 0.33 0 0.00 0.00 5 0.42 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.71 Int Total 0 2 0 1 3 Single Unit Trucks (4-7) 0 0.00 0.00 0 0.00 0.00 2 0.50 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 1 100.00 0.25 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 1 0.25 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.38 Int Total 0 0 0 0 0 Combination Trucks (8-13) 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 Peak Hour Turning Movement Count Stockbridge, GA Click here for Map Right Thru U-Turn www.marrtraffic.com RightThruU-Turn Davis Rd (North) Southbound Session) (08 Thursday, August 27, 2026 (1-3) 1 135 0 136 64 (1-3) Session Parameters Period 1600 - 1800 (4-7) 0 3 0 3 0 (4-7) (Drop Down Menu) Peak Hour 1700 - 1800 (8-13) 0 0 0 0 0 (8-13) Peak Hour Total 1 138 0 139 64 Total Volume * the Peak Hour Diagram does not include Bikes 0 (1-3) (4-7) (8-13) Total 4 0 0 4 8 0 0 8 Classes (1-3) (4-7) (8-13) Total Volume 207 3 0 210 0 Eastbound Landover Dr 0 0 0 0 0 4 0 0 4 4 0 0 4 (1-3) (4-7) (8-13) Total PHF 0 0.9052 0 0 Total 142 63 0 3 60 Total (8-13) 0 0 0 0 0 (8-13) (4-7) 3 0 0 0 0 (4-7) (1-3) 139 63 0 3 60 (1-3) Northbound Davis Rd (South) ThruLeftU-Turn U-Turn Left Thru All vehicles Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 1 0 2 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 11 0 11 25 0 26 11 0 11 13 0 15 Total Approach % PHF 3 4.76 0.38 60 95.24 0.60 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 1 0 2 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 11 0 11 25 0 26 11 0 11 13 0 15 Total Approach % PHF 3 4.76 0.38 60 95.24 0.60 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 63 0.61 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 27 0 0 27 27 0 0 27 47 0 0 47 37 1 0 38 Left 1.7 2 1 0 1 - 138 99.28 0.73 4 50.00 0.50 0 0.00 0.00 1 0.72 0.25 0 0.00 0.00 139 0.74 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 3 2 0 3 0 0 0 1 0 2 4 50.00 0.50 0 0.00 0.00 8 0.67 - - - - App Total 0 0 0 0 Int Total 41 56 58 55 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 210 0.91 Int Total 0 0 0 0 0 Bikes 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 Int Total 41 55 57 54 207 Passenger Vehicles (1-3) 0 0.00 0.00 0 0.00 0.00 63 0.61 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 27 0 0 27 26 0 0 26 46 0 0 46 36 1 0 37 Left 1.7 2 1 0 1 - 135 99.26 0.73 4 50.00 0.50 0 0.00 0.00 1 0.74 0.25 0 0.00 0.00 136 0.74 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 3 2 0 3 0 0 0 1 0 2 4 50.00 0.50 0 0.00 0.00 8 0.67 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.91 Int Total 0 1 1 1 3 Single Unit Trucks (4-7) 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 1 0 0 1 1 0 0 1 1 0 0 1 Left 1.7 0 0 0 0 - 3 100.00 0.75 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 3 0.75 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.75 Int Total 0 0 0 0 0 Combination Trucks (8-13) 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 APPENDIX C Growth Rate Analysis Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 C Growth Rate Considerations Recommended Growth Rate 1.0% Population Data Henry County (ARC) Population Annual Growth Projection (2020-2050) Henry County (Census) Population Annual Growth (2010-2020) Stockbridge City (Census) Population Annual Growth (2010-2020) 1.22% 1.67% 1.23% Nearby Developments DRI #3799 Reeves Creek II 1% Historical ADT Count Data Source: Location: Route #: Route Type: Station: Count Type EST ACT EST EST EST EST GDOT Davis Rd w/o Shields Rd 8200 Local Road 1518013 Count Year 2020 2021 2022 2023 2024 2025 5 Year Growth Rate Avg. 1 Year Growth Rate Most Recent Actual Count Growth Rate Source: Location: Route #: Route Type: Station: EST ACT 4,900 4,800 Volume 4,840 4,320 4,420 4,540 4,560 4,620 Growth Rate 4,700 4,600 -10.74% 2.31% 2.71% 0.44% 1.32% 4,500 4,400 4,300 4,200 4,100 4,000 -0.93% -0.79% N/A 2020 GDOT N Henry Blvd w/o McCain Creek Trl 4200 Principal Arterial 1510361 2021 2022 EST 2023 2024 2025 2023 2024 2025 2023 2024 2025 ACT 30,200 30,000 Count Type EST ACT EST ACT EST EST Count Year 2020 2021 2022 2023 2024 2025 5 Year Growth Rate Avg. 1 Year Growth Rate Most Recent Actual Count Growth Rate Source: Location: Route #: Route Type: Station: Volume 29,300 29,400 30,100 29,300 29,700 29,600 Growth Rate 0.34% 2.38% -2.66% 1.37% -0.34% 29,800 29,600 29,400 29,200 29,000 28,800 0.20% 0.22% -0.17% 2020 GDOT E Atlanta Rd n/o N Henry Blvd 96411 Minor Arterial 1510274 2021 2022 EST ACT 12,500 12,000 Count Type ACT EST EST EST ACT EST 5 Year Growth Rate Avg. 1 Year Growth Rate Count Year 2020 2021 2022 2023 2024 2025 Volume 11,000 11,900 12,200 12,300 10,400 10,400 -1.12% -0.78% Growth Rate 8.18% 2.52% 0.82% -15.45% 0.00% 11,500 11,000 10,500 10,000 9,500 9,000 2020 2021 2022 APPENDIX D Henry County Comprehensive Transportation Plan (CTP) Excerpt Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 D HENRY COUNTY TRANSPORTATION PLAN 2022 UPDATE JULY 2022 Table 6.18. (Cont’d) Long-Term Sidewalk Projects ID Name LM-79 Red Oak Road LM-84 Extents Description PE ROW Construction Contingency Flippen Road to Rock Quarry Road Install sidewalk along both sides of Red Oak Road $212,000 $437,313 $2,483,000 $294,000 $3,426,313 Valley Hill Road US 23 to Davis Road Install sidewalk along both sides of Valley Hill Road $257,000 $533,798 $3,012,000 $356,000 $4,158,798 LM-86 Valley Hill Road N Davis Drive to E Atlanta Road Install sidewalk along both sides of Valley Hill Road $87,000 $178,371 $1,017,000 $120,000 $1,402,371 LM-88 Old Conyers Road Pinehurst Drive to Flakes Road Install sidewalk along both sides of Old Conyers Road $282,000 $582,364 $3,298,000 $390,000 $4,552,364 LM-89 Flat Rock Road Old Conyers Road to W Hemphill Road Install sidewalk along both sides of Flat Rock Road $192,000 $389,144 $2,249,000 $266,000 $3,096,144 LM-90 E Atlanta Road Valley Hill Road to Stagecoach Road Install sidewalk along both sides of E Atlanta Road $152,000 $312,692 $1,775,000 $210,000 $2,449,692 LM-94 Swan Lake Road Fairview Road to Gardner Road Install sidewalk along both sides of Swan Lake Road $208,000 $429,176 $2,430,000 $288,000 $3,355,176 LM-95 Fairview Road Swan Lake Road to SR 155 Install sidewalk along both sides of Fairview Road $280,000 $577,769 $3,274,000 $387,000 $4,518,769 LM-97 Thurman Road Fairview Road to Patillo Road Install sidewalk along both sides of Thurman Road $205,000 $421,352 $2,394,000 $283,000 $3,303,352 LM-98 Rex Road E Atlanta Road to Thurman Road Install sidewalk along both sides of Rex Road $184,000 $381,879 $2,154,000 $255,000 $2,974,879 LM-99 E Atlanta Road Panola Road to Orchard Road Install sidewalk along both sides of E Atlanta Road $55,000 $111,369 $640,000 $76,000 $882,369 LM-100 Panola Road E Atlanta Road to Flakes Mill Road Install sidewalk along both sides of Panola Road $121,000 $246,497 $1,413,000 $167,000 $1,947,497 LM-101 Fairview Road Panola Road to Thurman Road Install sidewalk along both sides of Fairview Road $216,000 $440,658 $2,531,000 $299,000 $3,486,658 LM-103 Panola Road Flakesmith Road to Scarborough Road Install sidewalk along both sides of Panola Road $233,000 $475,210 $2,731,000 $323,000 $3,762,210 LM-104 S Zach Hinton Parkway Cap Welch Drive to Racetrack Road Install sidewalk along both sides of S Zach Hinton Parkway $101,000 $205,510 $1,180,000 $140,000 $1,626,510 LM-109 N Mt Carmel Road Jonesboro Road to Existing side-walk Install sidewalk along both sides of N Mt Carmel Road $68,000 $140,565 $793,000 $94,000 $1,095,565 LM-113 Davis Road N Davis Drive to Creek Circle Install sidewalk along both sides of Davis Road $119,000 $244,252 $1,393,000 $165,000 $1,921,252 For consistency in reporting, all costs depicted in these tables are provided in year 2026 dollars, representing the first year of the upcoming Mid-Term phase. Total 293 APPENDIX E Trip Generation Worksheet Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 E Land Use Setting Trip Generation Analysis (12th Ed. With 2nd Edition Handbook Daily IC & 3rd Edition AM/PM IC) Davis Rd Townhome TIA Henry County, Georgia Daily Trips Density Total In Out Total AM Peak Hour In Out PM Peak Hour In Total Out Proposed Project Trips 215 Single-Family Attached Housing 1,000 500 500 67 18 49 88 55 33 Gross Project Trips 1,000 500 500 67 18 49 88 55 33 Residential Trips Mixed-Use Reductions Alternative Mode Reductions Adjusted Residential Trips 1,000 0 0 1,000 500 0 0 500 500 0 0 500 67 0 0 67 18 0 0 18 49 0 0 49 88 0 0 88 55 0 0 55 33 0 0 33 Mixed-Use Reductions - TOTAL Alternative Mode Reductions - TOTAL Pass-By Reductions - TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,000 500 500 67 18 49 88 55 33 New Trips General Urban/Suburban 91 dwelling units APPENDIX F Intersection Volume Worksheets Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 F INTERSECTION VOLUME DEVELOPMENT INTERSECTION #1 Landover Dr/Site Driveway A at Davis Rd (South)/Davis Rd (North) AM PEAK HOUR U-Turn Observed 2026 Traffic Volumes Pedestrians Conflicting Pedestrians Bicycles 0 Davis Rd (South) Davis Rd (North) Landover Dr Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 2 0 1 40 Right U-Turn 0 0 0 67 1 0 0 0 0 0 Heavy Vehicles 0 0 2 Heavy Vehicle % Peak Hour Factor 2% 0.74 2% 0.74 Adjustment Factor Existing 2026 Volumes 1 0 Annual Growth Rate Growth Factor 2029 No-Build Traffic 0 Right U-Turn 4 0 Westbound Left Through 0 0 0 0 0 0 0 0 0 1 5% 0.74 2% 0.74 2% 0.74 2% 0.74 1 1 1 40 1 0 1 0 1.0% 1.03 0 1.0% 1.03 1 1.0% 1.03 41 1.0% 1.03 0 Total Vehicular Project Trips 0 0 10 2029 Build Traffic 0 1 51 Conflicting Bicycles 0 0 Site Driveway A 0 0 0 0 0 0 0 0 0 0 0 0 2% 0.74 2% 0.74 2% 0.74 2% 0.74 1 0 1 67 1 2 1 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 69 1.0% 1.03 2 2 0 11 0 2 0 11 69 0 0 0 Right 0 0 0 0 0 0 0 0 0 0 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 1 1 1 0 1 4 1 0 1 0 1 0 1 0 1.0% 1.03 0 1.0% 1.03 1 1.0% 1.03 0 1.0% 1.03 4 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 0 0 0 0 0 0 20 0 20 2 0 1 0 4 0 20 0 20 0 0 0 0 0 PM PEAK HOUR U-Turn Observed 2026 Traffic Volumes 0 Davis Rd (South) Davis Rd (North) Landover Dr Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 1 0 3 60 Right U-Turn 0 0 0 138 4 0 Right U-Turn 4 0 Westbound Left Through 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Conflicting Bicycles Heavy Vehicles 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 Heavy Vehicle % Peak Hour Factor Adjustment Factor 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 Existing 2026 Volumes 0 3 60 0 0 0 138 1 0 4 0 4 0 0 0 0 Annual Growth Rate 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% Growth Factor 2029 No-Build Traffic 1.03 0 1.03 3 1.03 62 1.03 0 1.03 0 1.03 0 1.03 142 1.03 1 1.03 0 1.03 4 1.03 0 1.03 4 1.03 0 1.03 0 1.03 0 1.03 0 0 7 6 0 33 0 0 0 0 0 0 0 13 0 13 3 69 6 0 33 142 1 0 4 0 4 0 13 0 13 2029 Build Traffic 0 0 Right 0 Pedestrians Conflicting Pedestrians Bicycles Total Vehicular Project Trips 0 Site Driveway A 0 INTERSECTION VOLUME DEVELOPMENT INTERSECTION #2 N/A/Site Driveway B at Davis Rd (South)/Davis Rd (North) AM PEAK HOUR U-Turn Observed 2026 Traffic Volumes 0 Davis Rd (South) Davis Rd (North) N/A Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 0 0 0 41 Right U-Turn 0 0 71 0 Site Driveway B 0 Right U-Turn 0 0 Westbound Left Through 0 0 Right 0 Pedestrians Conflicting Pedestrians Bicycles Conflicting Bicycles Heavy Vehicles 0 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 Heavy Vehicle % Peak Hour Factor 2% 0.74 2% 0.74 5% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 Adjustment Factor Existing 2026 Volumes 1 0 1 0 1 41 1 0 1 0 1 0 1 71 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 Annual Growth Rate Growth Factor 2029 No-Build Traffic 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 42 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 73 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 Total Vehicular Project Trips 0 0 2 5 0 0 20 0 0 0 0 0 0 0 0 10 2029 Build Traffic 0 0 44 5 0 0 93 0 0 0 0 0 0 0 0 10 PM PEAK HOUR U-Turn Observed 2026 Traffic Volumes 0 Davis Rd (South) Davis Rd (North) N/A Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 0 0 0 63 Right U-Turn 0 0 142 0 Site Driveway B 0 Right U-Turn 0 0 Westbound Left Through 0 0 Right 0 Pedestrians Conflicting Pedestrians Bicycles Conflicting Bicycles Heavy Vehicles 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 Heavy Vehicle % Peak Hour Factor Adjustment Factor 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Existing 2026 Volumes 0 0 63 0 0 0 142 0 0 0 0 0 0 0 0 0 Annual Growth Rate 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% Growth Factor 2029 No-Build Traffic 1.03 0 1.03 0 1.03 65 1.03 0 1.03 0 1.03 0 1.03 146 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 0 6 17 0 0 13 0 0 0 0 0 0 0 0 7 0 71 17 0 0 159 0 0 0 0 0 0 0 0 7 Total Vehicular Project Trips 2029 Build Traffic 0 APPENDIX G Synchro Analysis Reports Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 G HCM 7th TWSC 1: Davis Rd & Landover Dr Intersection Int Delay, s/veh Davis Rd Townhomes TIA Existing 2026 AM Peak Hour 0.4 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 1 4 1 40 67 2 Future Vol, veh/h 1 4 1 40 67 2 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 5 2 2 Mvmt Flow 1 5 1 54 91 3 Major/Minor Minor2 Major1 Conflicting Flow All 149 92 93 Stage 1 92 Stage 2 57 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 843 965 1501 Stage 1 932 Stage 2 966 Platoon blocked, % Mov Cap-1 Maneuver 843 965 1501 Mov Cap-2 Maneuver 843 Stage 1 931 Stage 2 966 Approach HCM Ctrl Dly, s/v HCM LOS EB 8.87 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.18 NBL NBT EBLn1 44 - 938 0.001 - 0.007 7.4 0 8.9 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Davis Rd & Landover Dr Intersection Int Delay, s/veh Davis Rd Townhomes TIA Existing 2026 PM Peak Hour 0.5 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 4 4 3 60 138 1 Future Vol, veh/h 4 4 3 60 138 1 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 4 4 3 66 152 1 Major/Minor Minor2 Major1 Conflicting Flow All 225 152 153 Stage 1 152 Stage 2 73 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 763 894 1428 Stage 1 876 Stage 2 950 Platoon blocked, % Mov Cap-1 Maneuver 762 894 1428 Mov Cap-2 Maneuver 762 Stage 1 874 Stage 2 950 Approach HCM Ctrl Dly, s/v HCM LOS EB 9.42 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.36 NBL NBT EBLn1 86 - 823 0.002 - 0.011 7.5 0 9.4 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Davis Rd & Landover Dr Intersection Int Delay, s/veh Davis Rd Twonhomes TIA No Build 2029 AM Peak Hour 0.4 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 1 4 1 41 69 2 Future Vol, veh/h 1 4 1 41 69 2 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 5 2 2 Mvmt Flow 1 5 1 55 93 3 Major/Minor Minor2 Major1 Conflicting Flow All 153 95 96 Stage 1 95 Stage 2 58 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 839 962 1498 Stage 1 929 Stage 2 964 Platoon blocked, % Mov Cap-1 Maneuver 838 962 1498 Mov Cap-2 Maneuver 838 Stage 1 928 Stage 2 964 Approach HCM Ctrl Dly, s/v HCM LOS EB 8.88 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.18 NBL NBT EBLn1 43 - 935 0.001 - 0.007 7.4 0 8.9 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Landover Dr & Davis Rd Intersection Int Delay, s/veh Davis Rd Townhomes TIA No Build 2029 PM Peak Hour 0.5 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 4 4 3 62 142 1 Future Vol, veh/h 4 4 3 62 142 1 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 4 4 3 68 156 1 Major/Minor Minor2 Major1 Conflicting Flow All 231 157 157 Stage 1 157 Stage 2 75 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 757 889 1423 Stage 1 872 Stage 2 948 Platoon blocked, % Mov Cap-1 Maneuver 755 889 1423 Mov Cap-2 Maneuver 755 Stage 1 870 Stage 2 948 Approach HCM Ctrl Dly, s/v HCM LOS EB 9.46 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.35 NBL NBT EBLn1 83 - 817 0.002 - 0.011 7.5 0 9.5 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Davis Rd & Landover Dr/Dwy A Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 2.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Future Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - None - None - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % 0 0 0 0 Peak Hour Factor 74 74 74 74 74 74 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 2 2 2 2 4 2 2 2 2 Mvmt Flow 1 0 5 27 0 27 1 69 3 15 93 3 Major/Minor Minor2 Minor1 Major1 Conflicting Flow All 196 199 95 196 199 70 96 Stage 1 124 124 73 73 Stage 2 72 74 - 123 126 Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 Pot Cap-1 Maneuver 763 697 962 763 697 992 1498 Stage 1 880 793 - 937 834 Stage 2 938 833 - 881 792 Platoon blocked, % Mov Cap-1 Maneuver 734 689 962 750 689 992 1498 Mov Cap-2 Maneuver 734 689 - 750 689 Stage 1 871 785 - 936 833 Stage 2 912 832 - 867 784 Approach HCM Ctrl Dly, s/v HCM LOS EB 9 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 WB 9.5 A NB 0.14 NBL NBT NBR EBLn1WBLn1 33 - 906 855 0.001 - 0.007 0.063 7.4 0 9 9.5 A A A A 0 0 0.2 SBL 240 0.01 7.4 A 0 0 - Major2 0 72 - 4.12 - 2.218 - 1529 - 1529 - 0 - 0 - SB 0.99 SBT SBR 0 A - Kimley-Horn Page 1 HCM 7th TWSC 2: Davis Rd & Dwy B Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 0.6 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 0 10 44 5 0 93 Future Vol, veh/h 0 10 44 5 0 93 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - Stop - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 0 11 48 5 0 101 Major/Minor Minor1 Major1 Conflicting Flow All 51 0 Stage 1 Stage 2 Critical Hdwy - 6.22 Critical Hdwy Stg 1 Critical Hdwy Stg 2 Follow-up Hdwy - 3.318 Pot Cap-1 Maneuver 0 1018 Stage 1 0 Stage 2 0 Platoon blocked, % Mov Cap-1 Maneuver - 1018 Mov Cap-2 Maneuver Stage 1 Stage 2 Approach HCM Ctrl Dly, s/v HCM LOS WB 8.58 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 0 0 0 - NB 0 SB 0 NBT NBRWBLn1 - 1018 - 0.011 8.6 A 0 SBT - - Kimley-Horn Page 2 HCM 7th TWSC 1: Davis Rd & Landover Dr/Dwy A Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 2.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Future Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - None - None - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % 0 0 0 0 Peak Hour Factor 74 74 74 74 74 74 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 2 2 2 2 4 2 2 2 2 Mvmt Flow 1 0 5 27 0 27 1 69 3 15 93 3 Major/Minor Minor2 Minor1 Major1 Conflicting Flow All 196 199 95 196 199 70 96 Stage 1 124 124 73 73 Stage 2 72 74 - 123 126 Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 Pot Cap-1 Maneuver 763 697 962 763 697 992 1498 Stage 1 880 793 - 937 834 Stage 2 938 833 - 881 792 Platoon blocked, % Mov Cap-1 Maneuver 734 689 962 750 689 992 1498 Mov Cap-2 Maneuver 734 689 - 750 689 Stage 1 871 785 - 936 833 Stage 2 912 832 - 867 784 Approach HCM Ctrl Dly, s/v HCM LOS EB 9 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 WB 9.5 A NB 0.14 NBL NBT NBR EBLn1WBLn1 33 - 906 855 0.001 - 0.007 0.063 7.4 0 9 9.5 A A A A 0 0 0.2 SBL 240 0.01 7.4 A 0 0 - Major2 0 72 - 4.12 - 2.218 - 1529 - 1529 - 0 - 0 - SB 0.99 SBT SBR 0 A - Kimley-Horn Page 1 HCM 7th TWSC 2: Davis Rd & Dwy B Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 0.6 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 0 10 44 5 0 93 Future Vol, veh/h 0 10 44 5 0 93 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - Stop - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 0 11 48 5 0 101 Major/Minor Minor1 Major1 Conflicting Flow All 51 0 Stage 1 Stage 2 Critical Hdwy - 6.22 Critical Hdwy Stg 1 Critical Hdwy Stg 2 Follow-up Hdwy - 3.318 Pot Cap-1 Maneuver 0 1018 Stage 1 0 Stage 2 0 Platoon blocked, % Mov Cap-1 Maneuver - 1018 Mov Cap-2 Maneuver Stage 1 Stage 2 Approach HCM Ctrl Dly, s/v HCM LOS WB 8.58 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 0 0 0 - NB 0 SB 0 NBT NBRWBLn1 - 1018 - 0.011 8.6 A 0 SBT - - Kimley-Horn Page 2 HCM 7th TWSC 1: Davis Rd & Landover Dr/Dwy A Intersection Int Delay, s/veh Davis Rd Townhomes TIA Build 2029 PM Peak Hour 2.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 4 0 4 13 0 13 3 69 6 33 142 1 Future Vol, veh/h 4 0 4 13 0 13 3 69 6 33 142 1 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - None - None - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % 0 0 0 0 Peak Hour Factor 91 91 91 91 91 91 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 4 0 4 14 0 14 3 76 7 36 156 1 Major/Minor Minor2 Minor1 Major1 Conflicting Flow All 312 318 157 314 315 79 157 Stage 1 229 229 86 86 Stage 2 82 89 - 229 230 Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 Pot Cap-1 Maneuver 641 598 889 638 600 981 1423 Stage 1 774 715 - 922 824 Stage 2 926 821 - 774 714 Platoon blocked, % Mov Cap-1 Maneuver 614 581 889 617 583 981 1423 Mov Cap-2 Maneuver 614 581 - 617 583 Stage 1 753 696 - 920 822 Stage 2 910 819 - 750 695 Approach HCM Ctrl Dly, s/v HCM LOS EB 10.02 B Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 WB 9.94 A 0 - Major2 0 82 - 4.12 - 2.218 - 1515 - 1515 - NB 0.29 NBL NBT NBR EBLn1WBLn1 SBL 68 - 726 758 337 0.002 - 0.012 0.038 0.024 7.5 0 10 9.9 7.4 A A B A A 0 0 0.1 0.1 0 - 0 - SB 1.39 SBT SBR 0 A - Kimley-Horn Page 1 HCM 7th TWSC 2: Davis Rd & Dwy B Intersection Int Delay, s/veh Davis Rd Townhomes TIA Build 2029 PM Peak Hour 0.2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 0 7 71 17 0 159 Future Vol, veh/h 0 7 71 17 0 159 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - Stop - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 0 8 77 18 0 173 Major/Minor Minor1 Major1 Conflicting Flow All 86 0 Stage 1 Stage 2 Critical Hdwy - 6.22 Critical Hdwy Stg 1 Critical Hdwy Stg 2 Follow-up Hdwy - 3.318 Pot Cap-1 Maneuver 0 972 Stage 1 0 Stage 2 0 Platoon blocked, % Mov Cap-1 Maneuver - 972 Mov Cap-2 Maneuver Stage 1 Stage 2 Approach HCM Ctrl Dly, s/v HCM LOS WB 8.73 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 0 0 0 - NB 0 SB 0 NBT NBRWBLn1 - 972 - 0.008 8.7 A 0 SBT - - Kimley-Horn Page 2 CITY OF STOCKBRIDGE 4640 NORTH HENRY BOULEVARD STOCKBRIDGE, GEORGIA 30281 PHONE (770) 389-7900 FAX (770) 389-7912 July 21, 2026 Ms. Asia Browner Blueprint Partners 113 S. Perry Street Lawrenceville, GA 30046 RE: Service Availability Letter Valley Hill Road Tract Parcel #: S16-01006000 Land Lot 69, 12th District Shree Real Estate Developers LLC & Stewart Title Guaranty Company Development Type: Townhomes Ms. Browner: As requested, let this letter serve as an acknowledgement of service availability and that the City of Stockbridge is the water and sewer provider. The previous capacity reservation approved for DR Horton has expired. To apply for capacity the developer will need to submit a request for capacity and pay the fee for the City to perform a water and sewer hydraulic analysis. This analysis is necessary to confirm that capacity exists to serve the development. Sincerely, Kevin Miller Sewer Superintendent Cc: Decius T. Aaron, Public Works Director Chad Peden, PE, Carter & Sloope, Inc Scott Mask, Water Superintendent 1 4640 North Henry Boulevard Stockbridge, Georgia 30281 770.389.7900 TO: Stockbridge Mayor and City Council FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division CC: Veronica Green, Chief Planner DATE: October 12, 2026 SUBJECT: Staff Report for Zoning Modification Case #ZM-2026-02 for 55 Valley Hill Road (Council District 4) PURPOSE Applicant Yashesh Shah of Shree Developers Group (represented by Asia Browner Mosee) submitted a major zoning modification application on July 21, 2026 for the property at 55 Valley Hill Road. The purpose of the application (Case #ZM-2026-02) is to request changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on November 13, 2023. The three cases were: 1) Comprehensive Plan Amendment Case #CP-2023-02 (which changed the property’s future land use designation to High-Density Residential); 2) Rezoning Case #RZ-2023-03 (which assigned the zoning district of MFR (Multiple Family Residential)) to the property; and 3) Variance Case #VR-2023-02 (which approved a variance to reduce the front yard setbacks of the townhome lots from the required 50 feet in the MFR district to 30 feet). The previous applicant / owner / developer for CP-2023-02, RZ-2023-03, and VR-202302 was D. R. Horton, Inc., represented by Tiffany Hogan. The original proposal was to build 173 townhomes, but that was later reduced to 156 units via the site plan that was presented to City Council on the floor of the meeting prior to the approval of the cases. D. R. Horton later submitted an administrative (minor) zoning modification application to request that no road be built across the creek due to environmental site constraints. That request was approved by Staff via a Decision Letter on August 4, 2025. However, despite the approval of the administrative zoning modification, as well as the previous zoning cases, the townhome development was not built and D. R. Horton sold the property to a new owner, OTAC Development Group, LLC. Now, Shree Developers Group wishes to build a revised townhome development with City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 2 91 units on the southern portion of the property only, south of the creek, with frontage on Davis Road. Further, the applicant proposes to subdivide the subject property into two parcels in order to build the townhome development on the southern parcel and to sell the northern parcel. The applicant is therefore requesting the approval of ZM-202602 to allow for a revised site plan that shows the development of the southern portion of the property only. The zoning and future land use designation of the property would not change. The property contains 24.908 +/- total acres within the Stockbridge City Limits, of which 11.311 +/- acres lie south of the creek. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 3 AERIAL PHOTOGRAPH For 55 Valley Hill Road (Parcel #S16-01006000) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 4 CASE FACTS Proposed Development: Townhome community with 91 units. Applicant: Yashesh Shah of Shree Developers Group (represented by Asia Browner) Site Address: Parcel ID and Acreage: District and Land Lot: Owner: 55 Valley Hill Road. Parcel #S16-01006000 with 24.908 acres. District 12, Land Lot 69 OTAC Development Group, LLC Property Location: In Council District 4, on the south side of Valley Hill Road, adjacent to railroad tracks and across from Old Stagecoach Road, west of East Atlanta Road. Valley Hill Road is classified as a “major collector”, according to the Henry County 2022 Transportation Plan Update. Small office building, warehouses, and open shed. ~ North—Unity Baptist Church (built in 1880), Brannan Cemetery, First Christian Church, a small commercial building, and numerous individual single-family detached residences. ~ South—Bridge Park Subdivision, Stockbridge North Subdivision, and numerous individual single-family residences. ~ East—Railroad tracks of the Norfolk Southern Railway, Cochran Park (owned by Henry County), Rico’s Mexican Restaurant, Publix Shopping Center, and Diamonte Townes Condominiums (under construction). ~ West—Big Oak Villas single-family attached subdivision. MFR (Multiple Family Residential). ~ North—LI (Light Industrial), RR (Rural Residential), SR (Suburban Residential), and C-3 (Heavy Commercial). ~ South—SR (Suburban Residential) and DT (Downtown) ~ East—DT (Downtown District), C-1 (Neighborhood Commercial), C-2 (General Commercial), C-3 (Heavy Commercial), and MFR (Multiple Family Residential). ~ West—SR (Suburban Residential) High-Density Residential. Road Classification: Current Use: Surrounding Uses: Existing Zoning: Surrounding Zoning: Existing Future Land Use Designation: Physical Characteristics: Property is bisected by a creek through the center. The northern portion contains four small buildings near Valley Hill Road, shallow rock, and a large debris area. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 5 CITY OF STOCKBRIDGE 2026 ZONING MAP FOR 55 VALLEY HILL ROAD (Shown with a Star) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 6 CITY OF STOCKBRIDGE 2026 FUTURE LAND USE MAP For 55 Valley Hill Road (Shown with a Star) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 7 BOUNDARY SURVEY—ENTIRE PROPERTY (Plat prepared by McWhorter & Anderson, 06-03-26; Revised on 07-10-26) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 8 BOUNDARY SURVEY—SOUTHERN PORTION ONLY (Plat prepared by McWhorter & Anderson, 06-23-26) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 9 PROPERTY CONDITIONS The subject property is located between Valley Hill Road to the north and Davis Road to the south, and it contains 24.908 +/- total acres. A creek traverses the center of the property, flanked by a 50-foot vegetative buffer and 75-foot impervious setbacks. The elevation drops by about 100 feet from Valley Hill Road down to Davis Road. Railroad tracks form the eastern boundary, adjacent to East Atlanta Road. The area that is close to Valley Hill Road contains four small industrial buildings, with woods behind them. The previous applicant’s survey states that the northern portion of the property contained a large “debris area”, which included a combination of piles of cut timber and logs, scrapped cars, standing water, and general trash; and that it is overgrown with weeds and kudzu. The current applicant’s Letter of Intent states that shallow rock is present across the majority of the northern portion of the property, making development infeasible. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 10 TOPOGRAPHIC SURVEY: NORTHERN SECTION For 55 Valley Hill Road (Parcel #S16-01006000) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 11 TOPOGRAPHIC SURVEY: SOUTHERN SECTION For 55 Valley Hill Road (Parcel #S16-01006000) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 12 PREVIOUSLY-APPROVED DEVELOPMENT D. R. Horton received approval from the Stockbridge City Council for its proposed townhome development at 55 Valley Hill Road on November 13, 2023 with the approval of CP-2023-02, RZ-2023-03, and VR-2023-02. These approvals resulted in the property acquiring the future land use designation of High-Density Residential, being zoned as MFR (Multiple Family Residential), and being allowed the reductions in the front yard setbacks of the townhome lots to 30 feet. The approval of RZ-2023-03 was based on nine (9) zoning conditions, which are listed below. 1. Comprehensive Plan Amendment – The rezoning shall not be approved unless the applicant’s requested Comprehensive Plan Amendment, via CP-2023-02, to change the subject property’s future land use designation from Light Industrial to High-Density Residential is approved before, or simultaneously with, the approval of RZ-2023-03. 2. Variance – The rezoning shall not be approved unless the applicant’s requested variance, via VR-2023-02, to reduce the required minimum front yard setback from 50 feet to 25 feet, is approved before, or simultaneously with, the approval of RZ-202303. 3. Site Plan – The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled “Concept Plan: Valley Hill Road Tract; Valley Hill Road; Stockbridge, Georgia, Henry Co.”, which was prepared by Bowman Consulting Group, Ltd., dated 7/11/23, and received by the Planning and Zoning Office on July 3, 2023. The applicant shall submit a revised site plan which shows and labels all required setbacks and buffers, the number of unbuildable acres, and the net and gross densities of the proposed development. 4. Additional Buffers—The rezoning shall not be approved unless the applicant submits a revised site plan which shows the required 25-foot zoning buffer along the northern boundary, as well as the required 10-foot buffer at the eastern site boundary, adjacent to the railroad right-of-way. 5. Sanitary Sewer Availability – The rezoning shall not be approved unless the developer submits construction plans to the Stockbridge Public Works Department by June 29, 2024, or that office otherwise determines that sufficient sanitary sewer capacity is available to serve the proposed development. 6. Traffic Impact Study – The rezoning shall not be approved unless the applicant submits a traffic impact study which provides satisfactory traffic and transportation data. 7. Environmental Impact Study – The rezoning shall not be approved unless the applicant submits an environmental impact study which provides satisfactory environmental data. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 13 8. A gate shall be constructed with the development. 9. There shall be a 5% rental cap on the townhomes. PREVIOUSLY-APPROVED REZONING SITE PLAN The approval of RZ-2023-03 was conditioned upon a site plan that was entitled, “Concept Plan: Valley Hill Road Tract; Valley Hill Road; Stockbridge, Georgia, Henry Co.”, which was prepared by Bowman Consulting Group, Ltd., dated 7/11/23, and received by the Planning and Zoning Office on July 3, 2023. The site plan showed the main project entrance off Valley Hill Road and a secondary access off Davis Road. A new, internal street was to traverse the existing creek, thereby connecting the northern and southern portions of the site. Several internal streets and cul-de-sacs were also to be installed. An open space area, guest parking, and a dumpster area were to be located near the main entrance. At the center of the development site, a clubhouse, swimming pool, and more guest parking were to be provided. A second dumpster area and three more small open space areas were to be located south of the creek, and three stormwater ponds were to flank the creek. A mandatory homeowners’ association was to be provided to maintain the development site. Each townhome unit was to have a two-car garage, and 70 additional guest parking spaces were to be provided within four small guest parking areas. All of the proposed townhome units would have had at least three bedrooms, with a few units having four bedrooms. A 25-foot required zoning buffer was to surround the property, and a required 10-foot railroad right-of-way side yard setback (per Section 4.3.2 of the UDC) was to be provided along the eastern side of the property. A 25-foot stream buffer, a 50-foot undisturbed buffer, and a 75-foot impervious surface setback on both sides of the creek were to be located near the center of the property. The proposed townhome buildings were to be located 20 feet apart to meet the MFR requirements. The previous applicant requested a variance to reduce the front yard setbacks of the townhome lots from 50 feet to 25 feet, but it was approved for 30 feet via VR-2023-02. The applicant submitted a final site plan on November 13, 2023 during the Council meeting. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 14 PREVIOUSLY-APPROVED SITE PLAN FROM RZ-2023-03—TOTAL AREA City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 15 PREVIOUSLY-APPROVED SITE PLAN FROM RZ-2023-03—ENLARGED City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 16 PREVIOUSLY-APPROVED MINOR (ADMINISTRATIVE) ZONING MODIFICATION The Community Development Department received an application for an administrative (minor) zoning modification for 55 Valley Hill Road on June 18, 2025 from the previous applicant’s engineering firm, Kimley-Horn and Associates, Inc. It included a revised site plan (to replace the approved site plan from Rezoning Case #RZ-2023-03) showing no road access between the northern and southern portions of the property, crossing the existing creek. The Letter of Intent stated that the road crossing was eliminated “. . . due to the potential for flooding onsite and the likelihood of soil erosion and saturation beneath the road crossing . . .” It was based on a Letter of Clarification from Connor Galloway, P.E., of Kimley-Horn and Associates, Inc. (the engineer for the previous developer), dated 07/09/25, which explained that, from an engineering standpoint, a road crossing over the creek would not be feasible: Road Crossing Infeasibility The road crossing in the site plan approved under RZ-2023-03 contemplates an earthen embankment upon which the road would be built, and a culvert placed within in order to convey water flowing through the creek. There is an existing culvert passing underneath the adjacent railroad. It is expected that this existing culvert is undersized and very likely causes water to back up onto the subject parcel during heavier rain events. If the proposed road crossing were to be installed, it will fall within this backwater area, thereby causing these storm flows to rise higher during heaver rain events, to an extent that will be unacceptable to the railroad and potentially cause other issues with the proposed embankment (erosion of the embankment, saturation of soil causing weakness over time). The revised site plan was entitled, “Templar Valley Hill: Concept Site Plan”, undated, and it was drawn by WIB as Project No. 017950007, Sheet Number C1.90. It was reviewed by the Stockbridge City Engineer, who agreed that a road crossing over the creek would not be feasible. As a result, the Community Development Department approved the administrative zoning modification application, with the condition that a pedestrian crossing over the creek be provided, if possible. PROPOSED DEVELOPMENT The subject property has been sold and has a new developer and applicant, who wishes to build townhomes only on the southern portion of the property after subdividing it. The current applicant submitted a two-page conceptual site plan that was prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and which was received by the Planning & Zoning Office on August 7, 2026. The first page, Sheet Number ZM-01, is titled, “Overall Overall [sic] Zoning Modification Plan”, and it shows the entire property. The second page, Sheet Number ZM-02, is titled, “Zoning Modification Plan”, and it is an enlargement of the southern portion of the property only, where the proposed townhomes would be built. Copies of both pages of the conceptual site plan are shown below. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 17 The applicant’s Letter of Intent, dated 6/23/2026, stated that the revised site plan was prepared “to better respond to existing site conditions as well as community considerations.” Further, the revised site plan “represents a thoughtful refinement of the originally approved development by reducing the overall intensity, responding to existing site constraints, and enhancing community features.” The Site Data Chart on the Zoning Modification Plan shows that the applicant proposes to build ninety-one (91) townhome units on 11.311 +/- acres within only the southern portion of the property at 55 Valley Hill Road, after subdividing the property. (The northern portion of the property would be sold.) The gross density would be 8.04 units per acre, which is within the allowable High-Density Residential density range of 8.00 to 16.00 units per acre. Open space would comprise 3.59 acres of the site plan, representing 31.73 percent of the site (thereby exceeding the 15 percent required minimum). The conceptual site plan shows that two entrances would be provided off Davis Road, and an internal circular street would serve the proposed townhomes. The proposed amenities include a pool with a 10-space guest parking lot, an adjacent mail kiosk, a pickleball court, a dog park, a 10-foot-wide mulch trail near the creek, and two open space areas. A 5-foot-wide sidewalk with a 3-foot-wide landscaped strip would be provided on both sides of all internal streets within the development. A 25-foot-wide landscaped buffer would be provided along the eastern and western sides of the property, and a 10-footwide zoning buffer would be provided along the railroad. In addition, an “enhanced 8-foot landscape buffer” would be provided along the Davis Road frontage to provide visual screening and to create a more compatible transition between the proposed townhomes and the adjacent residential developments. A large stormwater management area would be designated adjacent to the creek. The townhome lots would be of two sizes. The smaller lots would measure 24 feet by 87 feet and the larger lots would measure 24 feet by 92 feet. Two-story buildings would be located on 50 lots and three-story buildings would be located on 41 lots. The townhome buildings would be separated by 20 feet. No townhome buildings would have more than six (6) units. The front yard setbacks would be 30 feet and the rear yard setbacks would be 20 feet. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 18 PROPOSED CONCEPTUAL SITE PLAN—TOTAL PROPERTY From Sheet Number ZM-01, “Overall Overall [sic] Zoning Modification Plan” City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 19 PROPOSED CONCEPTUAL SITE PLAN— ENLARGEMENT OF SOUTHERN PORTION ONLY From Sheet Number ZM-02, “Zoning Modification Plan” City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 20 PROPOSED TOWNHOME LOT DATA City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 21 PROPOSED TOWNHOME LOT DESIGN City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 22 RENDERING OF A PROPOSED TOWNHOME BUILDING The applicant obtained a letter from the City’s Public Works Office, dated July 21, 2026, which stated that the City provides water and sewer services to the property at 55 Valley Hill Road. However, a capacity analysis has not yet been performed to determine whether sufficient capacity exists to serve the proposed development. CONCLUSIONS 1. The subject property contains various environmental constraints within the northern portion of the site, including shallow rock, a large debris area, and a suspected inadequate railroad culvert. These constraints would make it difficult to build in that area. 2. The inadequacy of the railroad culvert, plus the likely flooding of the creek if the desired road connecting the northern and southern portions of the property were to be built, would make it infeasible to build the connecting road. 3. Since it is infeasible to build the proposed townhomes on the northern portion of the property, and to build the connecting road, the previously-approved site plan via RZ2023-03 cannot be developed. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 23 4. The environmental constraints which prevent the previously-approved site plan from being developed were not caused by the previous applicant or by the current applicant. Therefore, relief must be allowed in the form of granting a major zoning modification to free the applicant from being required to build the infeasible site plan, and to allow the applicant to utilize a new site plan for the southern portion of the property only. 5. The current applicant’s proposed site plan is substantially similar to the previouslyapproved one for the southern portion of the property. 6. Before any development may occur on the southern portion of the property, the existing parcel must be subdivided into two parcels. 7. New zoning conditions may be imposed upon the applicant’s proposed site plan and development proposal. RECOMMENDATIONS 1. The applicant shall be granted a major zoning modification for the purpose of freeing the applicant from having to build the previously-approved site plan from RZ-202303 on the physically infeasible northern portion of the property. 2. The existing parcel shall be subdivided into two parcels, and before any land disturbance permit is issued, the applicant shall provide the Staff with a copy of the recorded plat. 3. The southern portion of the property (to become a separate parcel) shall be developed in substantial conformity with the applicant’s Sheet Number ZM-02, entitled, “Zoning Modification Plan”, of the two-page conceptual site plan that was prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and which was received by the Planning & Zoning Office on August 7, 2026. 4. No land disturbance permit (LDP) shall be issued and no development activity shall occur on the property until the property is first subdivided into two parcels, and a copy of the recorded plat is provided to the Community Development Department. 5. No more than 91 townhome units shall be developed on the property. 6. No more than six townhome units shall be located within one townhome building. 7. All townhome buildings shall have at least 75 percent brick or stone on all four facades, per Section 4.4.4 of the Stockbridge Unified Development Code. 8. A 25-foot buffer shall be established and maintained along the eastern and western sides of the property. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 24 9. An HOA shall be established, or a property management company shall be secured, to maintain the common areas of the property. 10. All internal streets shall provide the required minimum turning radii. 11. The applicant shall obtain a new water and sewer capacity letter from the Public Works Office and shall comply with its findings. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / October 12, 2026 1 TO: Stockbridge Mayor and City Council Stockbridge Planning Commission FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division CC: Veronica Green, Chief Planner DATE: August 20, 2026 and September 17, 2026 SUBJECT: Staff Report for Zoning Modification Case #ZM-2026-02 for 55 Valley Hill Road (Council District 4) PURPOSE Applicant Yashesh Shah of Shree Developers Group (represented by Asia Mosee Browner) submitted a major zoning modification application on July 21, 2026 for the property at 55 Valley Hill Road. The purpose of the application (Case #ZM-2026-02) is to request changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on November 13, 2023. The three cases were: 1) Comprehensive Plan Amendment Case #CP-2023-02 (which changed the property’s future land use designation to High-Density Residential); 2) Rezoning Case #RZ-2023-03 (which assigned the zoning district of MFR (Multiple Family Residential) to the property; and 3) Variance Case #VR-2023-02 (which approved a variance to reduce the front yard setbacks of the townhome lots from the required 50 feet in the MFR district to 30 feet). The previous applicant / owner / developer for CP-2023-02, RZ-2023-03, and VR-202302 was D. R. Horton, Inc., represented by Tiffany Hogan. The original proposal was to build 173 townhomes, but that was later reduced to 156 units via the site plan that was presented to City Council on the floor of the meeting prior to the approval of the cases. D. R. Horton later submitted an administrative (minor) zoning modification application to request that no road be built across the creek due to environmental site constraints. That request was approved by the Staff via a Decision Letter on August 4, 2025. However, despite the approval of the administrative zoning modification, as well as the previous zoning cases, the townhome development was not built and D. R. Horton sold the property to a new owner, OTAC Development Group, LLC. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 2 Now, Shree Developers Group wishes to build a revised townhome development with 91 units on the southern portion of the property only, south of the creek, with frontage on Davis Road. Further, the applicant proposes to subdivide the subject property into two parcels in order to build the townhome development on the southern parcel and to sell the northern parcel. The applicant is therefore requesting the approval of ZM-202602 to allow for the approval of a revised site plan which shows the development of the southern portion of the property only. The zoning and future land use designation of the property would not change. The property contains 24.908 +/- total acres within the Stockbridge City Limits, of which 11.311 +/- acres lie south of the creek. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 3 AERIAL PHOTOGRAPH For 55 Valley Hill Road (Parcel #S16-01006000 City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 4 CASE FACTS Proposed Development: Townhome community with 91 units. Applicant: Yashesh Shah of Shree Developers Group (represented by Asia Browner) Site Address: Parcel ID and Acreage: District and Land Lot: Owner: 55 Valley Hill Road. Parcel #S16-01006000 with 24.908 acres. District 12, Land Lot 69 OTAC Development Group Property Location: In Council District 4, on south side of Valley Hill Road, adjacent to railroad tracks and across from Old Stagecoach Road, west of East Atlanta Road. Valley Hill Road is classified as a “major collector”, according to the Henry County 2022 Transportation Plan Update. Small office building, warehouse, and open shed. ~ North—Unity Baptist Church (built in 1880), Brannan Cemetery, First Christian Church, a small commercial building, and numerous individual single-family detached residences. ~ South—Bridge Park Subdivision, Stockbridge North Subdivision, and numerous individual single-family residences. ~ East—Railroad tracks of the Norfolk Southern Railway, Cochran Park (owned by Henry County), Rico’s Mexican Restaurant, Publix Shopping Center, and Diamonte Townes Condominiums (under construction). ~ West—Big Oak Villas single-family attached subdivision. MFR (Multiple Family Residential). ~ North—LI (Light Industrial), RR (Rural Residential), SR (Suburban Residential), and C-3 (Heavy Commercial). ~ South—SR (Suburban Residential) and DT (Downtown) ~ East—DT (Downtown District), C-1 (Neighbor-hood Commercial), C-2 (General Commercial), C-3 (Heavy Commercial), and MFR (Multiple Family Residential). ~ West—SR (Suburban Residential) High-Density Residential. Road Classification: Current Use: Surrounding Uses: Existing Zoning: Surrounding Zoning: Existing Future Land Use Designation: Physical Characteristics: Property is bisected by a creek through the center. The northern portion contains four small industrial buildings near Valley Hill Road, shallow rock, and a large debris area. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 5 CITY OF STOCKBRIDGE 2026 ZONING MAP FOR 55 VALLEY HILL ROAD (Shown with a Star) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 6 CITY OF STOCKBRIDGE 2026 FUTURE LAND USE MAP For 55 Valley Hill Road (Shown with a Star) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 7 BOUNDARY SURVEY—ENTIRE PROPERTY (Plat prepared by McWhorter & Anderson, 06-03-26; Revised on 07-10-26) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 8 BOUNDARY SURVEY—SOUTHERN PORTION ONLY (Plat prepared by McWhorter & Anderson, 06-23-26) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 9 PROPERTY CONDITIONS The subject property is located between Valley Hill Road to the north and Davis Road to the south, and it contains 24.908 +/- total acres. A creek traverses the center of the property, flanked by a 50-foot vegetative buffer and 75-foot impervious setbacks. The elevation drops by about 100 feet from Valley Hill Road down to Davis Road. Railroad tracks form the eastern boundary, adjacent to East Atlanta Road. The area that is close to Valley Hill Road contains four small industrial buildings, with woods behind them. The previous applicant’s survey states that the northern portion of the property contained a large “debris area”, which includes a combination of piles of cut timber and logs, scraped cars, standing water, and general trash; and that it is overgrown with weeds and kudzu. The current applicant’s Letter of Intent states that shallow rock is present across the majority of the northern portion of the property, making development infeasible. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 10 TOPOGRAPHIC SURVEY: NORTHERN SECTION For 55 Valley Hill Road (Parcel #S16-01006000) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 11 TOPOGRAHIC SURVEY: SOUTHERN SECTION For 55 Valley Hill Road (Parcel #S16-01006000) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 12 PREVIOUSLY-APPROVED DEVELOPMENT D. R. Horton received approval from the Stockbridge City Council for its proposed townhome development at 55 Valley Hill Road on November 13, 2023 with the approval of CP-2023-02, RZ-2023-03, and VR-2023-02. These approvals resulted in the property acquiring the future land use designation of High-Density Residential, being zoned as MFR (Multiple Family Residential), and being allowed the reductions in the front yard setbacks of the townhome lots to 30 feet. The approval of RZ-2023-03 was based on nine (9) zoning conditions, as are listed below. 1. Comprehensive Plan Amendment – The rezoning shall not be approved unless the applicant’s requested Comprehensive Plan Amendment, via CP-2023-02, to change the subject property’s future land use designation from Light Industrial to High-Density Residential is approved before, or simultaneously with, the approval of RZ-2023-03. 2. Variance – The rezoning shall not be approved unless the applicant’s requested variance, via VR-2023-02, to reduce the required minimum front yard setback from 50 feet to 25 feet, is approved before, or simultaneously with, the approval of RZ-202303. 3. Site Plan – The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled “Concept Plan: Valley Hill Road Tract; Valley Hill Road; Stockbridge, Georgia, Henry Co.”, which was prepared by Bowman Consulting Group, Ltd., dated 7/11/23, and received by the Planning and Zoning Office on July 3, 2023. The applicant shall submit a revised site plan which shows and labels all required setbacks and buffers, the number of unbuildable acres, and the net and gross densities of the proposed development. 4. Additional Buffers—The rezoning shall not be approved unless the applicant submits a revised site plan which shows the required 25-foot zoning buffer along the northern boundary, as well as the required 10-foot buffer at the eastern site boundary, adjacent to the railroad right-of-way. 5. Sanitary Sewer Availability – The rezoning shall not be approved unless the developer submits construction plans to the Stockbridge Public Works Department by June 29, 2024, or that office otherwise determines that sufficient sanitary sewer capacity is available to serve the proposed development. 6. Traffic Impact Study – The rezoning shall not be approved unless the applicant submits a traffic impact study which provides satisfactory traffic and transportation data. 7. Environmental Impact Study – The rezoning shall not be approved unless the applicant submits an environmental impact study which provides satisfactory environmental data. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 13 8. A gate shall be constructed with the development. 9. There shall be a 5% rental cap on the townhomes. PREVIOUSLY-APPROVED REZONING SITE PLAN The approval of RZ-2023-03 was conditioned upon a site plan that was entitled, “Concept Plan: Valley Hill Road Tract; Valley Hill Road; Stockbridge, Georgia, Henry Co.”, which was prepared by Bowman Consulting Group, Ltd., dated 7/11/23, and received by the Planning and Zoning Office on July 3, 2023. The site plan showed the main project entrance off Valley Hill Road and a secondary access off Davis Road. A new, internal street was to traverse the existing creek, thereby connecting the northern and southern portions of the site. Several internal streets and cul-de-sacs were also to be installed. An open space area, guest parking, and a dumpster area were to be located near the main entrance. At the center of the development site, a clubhouse, swimming pool, and more guest parking were to be provided. A second dumpster area and three more small open spaces areas were to be located south of the creek, and three stormwater ponds were to flank the creek. A mandatory homeowners’ association was to be provided to maintain the development site. Each townhome unit was to have a two-car garage, and 70 additional guest parking spaces were to be provided within four small guest parking areas. All of the proposed townhome units would have had at least three bedrooms, with a few units having four bedrooms. A 25-foot required zoning buffer was to surround the property, and a required 10-foot railroad right-of-way side yard setback (per Section 4.3.2 of the UDC) was to be provided along the eastern side of the property. A 25-foot stream buffer, a 50-foot undisturbed buffer, and a 75-foot impervious surface setback on both sides of the creek were to be located near the center of the property. The proposed townhome buildings were to be located 20 feet apart to meet the MFR requirements. The previous applicant had a variance to reduce the front yard setbacks of the townhome lots from 50 feet to 25 feet, but they were approved for 30 feet via VR-202302. The applicant actually submitted a final site plan on November 11, 2023 during the Council meeting. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 14 PREVIOUSLY-APPROVED SITE PLAN FROM RZ-2023-03—TOTAL AREA City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 15 PREVIOUSLY-APPROVED SITE PLAN FROM RZ-2023-03—ENLARGED City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 16 PREVIOUSLY-APPROVED MINOR (ADMINISTRATIVE) ZONING MODIFICATION The Community Development Department received an application for an administrative (minor) zoning modification for 55 Valley Hill Road on June 18, 2025 from the previous applicant’s engineering firm, Kimley-Horn and Associates, Inc. It include a revised site plan (to replace the approved site plan from Rezoning Case #RZ-2023-03) showing no road access between the northern and southern portions of the property, crossing the exisitng creek. The Letter of Intent stated that the road crossing was eliminated “. . . due to the potential for flooding onsite and the likelihood of soil erosion and saturation beneath the road crossing . . .” It was based on a Letter of Clarification from Connor Galloway, P.E., of Kimley-Horn and Associates, Inc. (the engineer for the previous developer), dated 07/09/25, which explained that, from an engineering standpoint, a road crossing over the creek would not be feasible: Road Crossing Infeasibility The road crossing in the site plan approved under RZ-2023-03 contemplates an earthen embankment upon which the road would be built, and a culvert placed within in order to convey water flowing through the creek. There is an existing culvert passing underneath the adjacent railroad. It is expected that this existing culvert is undersized and very likely causes water to back up onto the subject parcel during heaver rain events. If the proposed road crossing were to be installed, it will fall within this backwater area, thereby causing these storm flows to rise higher during heaver rain events, to an extent that will be unacceptable to the railroad and potentially cause other issues with the proposed embankment (erosion of the embankment, saturation of soil causing weakness over time). The revised site plan was entitled, “Templar Valley Hill: Concept Site Plan”, undated, and it was drawn by WIB as Project No. 017950007, Sheet Number C1.90. It was reviewed by the Stockbridge City Engineer, who agreed that a road crossing over the creek would not be feasible. As a result, the Community Development Department approved the administrative zoning modification application, with the condition that a pedestrian crossing over the creek be provided, if possible. PROPOSED DEVELOPMENT The subject property has been sold and has a new developer and applicant, who wishes to build townhomes only on the southern portion of the property after subdividing it. The current applicant submitted a two-page conceptual site plan that was prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and which was received by the Planning & Zoning Office on August 7, 2026. The first page, Sheet Number ZM-01, is titled, “Overall Overall [sic] Zoning Modification Plan”, and it shows the entire property. The second page, Sheet Number ZM-02, is titled, “Zoning Modification Plan”, and it is an enlargement of the southern portion of the property only, where the proposed townhomes would be built. Copies of both pages of the conceptual site plan are shown below. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 17 The applicant’s Letter of Intent, dated 6/23/2026, stated that the revised site plan was prepared “to better respond to existing site conditions as well as community considerations.” Further, the revised site plan “represents a thoughtful refinement of the originally approved development by reducing the overall intensity, responding to existing site constraints, and enhancing communityf features.” The Site Data Chart on the Zoning Modification Plan shows that the applicant proposes to build ninety-one (91) townhome units on 11.311 +/- acres within the southern portion only of the property at 55 Valley Hill Road, after subdividing the property. (The northern portion of the property would be sold.) The gross density would be 8.04 units per acre, which is within the allowable High-Density Residential density range of 8.00 to 16.00 units per acre. Open space would comprise 3.59 acres of the site plan, representing 31.73 percent of the site (thereby exceeding the 15 percent required minimum). The conceptual site plan shows that two entrances would be provided off Davis Road, and an internal circular street would serve the proposed townhomes. The proposed amenities include a pool with a 10-space guest parking lot, an adjacent mail kiosk, a pickleball court, a dog park, a 10-foot-wide mulch trail near the creek, and two open space areas. A 5-foot-wide sidewalk with a 3-foot-wide landscaped strip would be provided on both sides of all internal streets within the development. A 25-foot-wide landscaped buffer would be provided along with eastern and western sides of the property, and a 10-footwide zoning buffer would be provided along the railroad. In addition, an “enhanced 8-foot landscape buffer” would be provided along the Davis Road Rontage to provid visual screening and to create a more compatible transition between the proposed townhomes and the adjacent residential developments. A large stormwater management area would be designated adjacent to the creek. The townhome lots would be of two sizes. The smaller lots would measure 24 feet by 87 feet and the larger units would measure 24 feet by 92 feet. Two-story buildings would be located on 50 lots and three-story buildings would be located on 41 lots. The townhome buildings would be separated by 20 feet. No townhome buildings would have more than six 6 units. The front yard setbacks would be 30 feet and the rear yard setbacks would be twenty 20 feet. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 18 PROPOSED CONCEPTUAL SITE PLAN—TOTAL PROPERTY From Sheet Number ZM-01, “Overall Overall [sic] Zoning Modification Plan” City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 19 PROPOSED CONCEPTUAL SITE PLAN— ENLARGEMENT OF SOUTHERN PORTION ONLY From Sheet Number ZM-02, “Zoning Modification Plan” City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 20 PROPOSED TOWNHOME LOT DATA City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 21 PROPOSED TOWNHOME LOT DESIGN City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 22 RENDERING OF A PROPOSED TOWNHOME BUILDING The applicant obtained a letter from the City’s Public Works Office, dated July 21, 2026, which stated that the City provides water and sewer services to the property at 55 Valley Hill Road. However, a capacity analysis has not yet been performed to determine whether sufficient capacity exists to serve the proposed development. CONCLUSIONS 1. The subject property contains various environmental constraints within the northern portion of the site, including shallow rock, a large debris area, and a suspected inadequate railroad culvert. These constraints would make it difficult to build in that area. 2. The inadequacy of the railroad culvert, plus the likely flooding of the creek if the desired road connecting the northern and southern portions of the property were to be built, would make it infeasible to build the connecting road. 3. Since it is infeasible to build the proposed townhomes on the northern portion of the property, and to build the connecting road, the previously-approved site plan via RZ2023-03 cannot be developed. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 23 4. The environmental constraints which prevent the previously-approved site plan from being developed were not caused by the previous applicant nor by the current applicant. Therefore, relief must be allowed in the form of granting a major zoning modification to free the applicant from being required to build the infeasible site plan, and to allow the applicant to utilize a new site plan for the southern portion of the property only. 5. The current applicant’s proposed site plan is substantially similar to the previouslyapproved one for the southern portion of the property. 6. Before any development may occur on the southern portion of the property, the existing parcel must be subdivided into two parcels. 7. New zoning conditions may be imposed upon the applicant’s proposed site plan and development proposal. RECOMMENDATIONS 1. The applicant shall be granted a major zoning modification for the purpose of freeing the applicant from having to build the previously-approved site plan from RZ-202303 on the physically-infeasible northern portion of the property. 2. The existing parcel shall be subdivided into two parcels, and before any land disturbance permit is issued, the applicant shall provide the Staff with a copy of the recorded plat. 3. The southern portion of the property (to become a separate parcel) shall be developed in substantial conformity with the applicant’s Sheet Number ZM-02, entitled, “Zoning Modification Plan”, of the two-page conceptual site plan that was prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and which was received by the Planning & Zoning Office on August 7, 2026. 4. No land disturbance permit (LDP) shall be issued and no development activity shall occur on the property until the property is first subdivided into two parcels, and a copy of the recorded plat is provided to the Community Development Department. 5. No more than 91 townhome units shall be developed on the property. 6. No more than six townhome units shall be located within one townhome building. 7. All townhome buildings shall have at least 75 percent brick or stone on all four facades, per Section 4.4.4 of the Stockbridge Unified Development Code. 8. A 25-foot buffer shall be established and maintained along the eastern and western City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 24 sides of the property. 9. An HOA shall be established, or a property management company shall be secured, who shall maintain the common areas of the property. 10. All internal streets shall provide the required minimum turning radii. 11. The applicant shall obtain a new water and sewer capacity letter from the Public Works Office and shall comply with its findings. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 OCTOBER 12, 2026 ✔ Ryan Anderson Community Development ZONING MODIFICATION CASE #ZM-2026-03. (Council District 4.) Consideration of a major zoning modification request for the property at 4882 North Henry Boulevard to allow for changes to the previously-approved site plan for a 90-unit townhome development, which was approved by Council via three cases on February 12, 2024; and to request the removal of five (5) zoning conditions from RZ-2023-10. The previous applicant was Forestar (USA) Real Estate Group. Now, Aaron Rissler of Apex Stockbridge, LLC requests to remove only two (2) conditions from RZ-2023-10. The applicant originally requested the removal of five (5) conditions from RZ-2023-10, but on the day before the Planning Commission meeting, revised his request to only ask for the removal of two (2) of the conditions so that he may use individual waste receptacles for each townhome unit, and may make various architectural changes to the facades. The property contains 15.601 +/- acres. Staff Recommendation--Approval With Conditions. Planning Commission Recommendation--Denial on September 17, 2026. ✔ 0.00 ZONING MODIFICATION CASE #ZM-2026.03. APPROVAL WITH CONDITIONS. Henry County, GA Overview Legend Parcels Roads 458 ft Parcel ID Property Address District S18-02002005 4882 NORTH HENRY BLVD City/Stockbridge TAD Class Commercial Owner Acreage 15.58 Address QMS ENTERPRISES LP & QUILLIAN GEORGE W&CYNTHIA 1482 N DECATUR RD ATLANTA, GA 303062423 Land $1,947,500 Value: Building $206,300 Value: Misc $3,300 Value: Total $2,157,100 Value: Last 2 Sales Date Price Reason Qual 7/31/1999 $0 U U 11/1/1985 $84,500 U U Parcel lines depicted on the maps do not re ect a true and exact representation of property boundaries and should not be relied upon for said purpose. Property boundary lines are depicted on recorded plats available at the Henry County courthouse or can be determined by employing the services of a licensed surveyor. Date created: 7/29/2026 Last Data Uploaded: 7/29/2026 6:43:32 PM Developed by Date: August 19, 2026 To: Planning Commission Board Members, City of Stockbridge, Stockbridge, GA 30281 Subject: Public Opposition – Case ZM-2026-03 filed by Apex Stockbridge LLC Dear Stockbridge Planning Commissioners, This document constitutes formal opposition regarding Case ZM-2026-03 for the 15.601-acre parcel at 4882 North Henry Boulevard. As a resident who has lived directly adjacent to this property along Brush Creek for over three decades, I speak alongside a unified coalition of deeply concerned neighbors. We officially call for this body to deny the developer's requested modifications, recommend a complete reversal of the high-density zoning, and return the property to its original “future land use designation.” This request is based on severe infrastructure strain and critical environmental hazards—specifically the extreme instability of the adjacent creek, which cannot support a high-density footprint without causing catastrophic erosion and runoff. The developer's requested modifications to the safeguards established under RZ-2023-10 should be denied based on the following: • Active Sewage Infrastructure Failure: The public sewage main line runs through unstable, saturated, flood-prone soils just feet from the creek bed behind Creek Circle. This localized system is already compromised, resulting in documented sanitary sewer overflows (SSOs) that flood residential yards. Forcing 90 high-density townhome units onto this compromised area creates an immediate and lasting ecological and public health hazard. • Environmental Encroachment & Floodway Risks: A portion of this 15.601-acre parcel’s buildability is dangerously questionable due to protected creek buffers and a designated FEMA flood zone. The true net density on the remaining dry ground will be unsustainably compressed, eliminating the natural wooded buffer that currently absorbs stormwater runoff for Stockbridge North, Turning Point, and adjacent communities. • Bypassing Public Standards & Safety: The developer's requested modifications threaten local property values, safety, and public infrastructure. Removing the three-sided brick mandate lowers construction quality, while lifting the 10% rental cap invites bulk institutional investors and transient tenancy. Additionally, removing the security gate turns internal roads into public thoroughfares, shifting future roadway infrastructure and maintenance costs directly onto Stockbridge taxpayers while compromising local safety. Finally, replacing a centralized dumpster with 180 individual bins introduces a permanent logistical and aesthetic nuisance. These collective downgrades undermine community standards. • Active State and Federal Investigations: Due to the proximity of the compromised sewage lines to an active creek bed in a FEMA-designated flood zone, formal requests for immediate review have been filed with the U.S. Army Corps of Engineers (Savannah District) and the Georgia EPD Watershed Protection Division. Approval of any site plan modifications prior to the completion of these active federal and state environmental audits would be premature and irresponsible. We respectfully call on the Planning Committee to deny these modifications, recommend the reversal of the high-density zoning, and return the property to its original “future land use designation.” Thank you for your service and for protecting our community. Sincerely, Karen Charmaine 110 Creek Cir., Stockbridge, GA 30281 770-403-0390 Date: September 17, 2026 To: Planning Commission Board Members, City of Stockbridge, Stockbridge, GA 30281 Subject: Public Opposition – Case ZM-2026-03 filed by Apex Stockbridge LLC Dear Stockbridge Planning Commissioners, Please find attached a revised version of the formal opposition letter originally submitted regarding Case ZM-2026-03 (4882 North Henry Boulevard). I am resubmitting this document, as I was informed by the planning department that my original August 19th letter used incorrect technical zoning terminology. I have updated the text. For your convenience, the original terms have been struck through, and the new word(s) have been added. Both are highlighted in blue. Thank you so much for your service, your time, fairness, and dedication to protecting our community. Sincerely, Karen Charmaine 110 Creek Cir., Stockbridge, GA 30281 770-403-0390 Date: August 19, 2026 To: Planning Commission Board Members, City of Stockbridge, Stockbridge, GA 30281 Subject: Public Opposition – Case ZM-2026-03 filed by Apex Stockbridge LLC Dear Stockbridge Planning Commissioners, This document constitutes formal opposition regarding Case ZM-2026-03 for the 15.601acre parcel at 4882 North Henry Boulevard. As a resident who has lived directly adjacent to this property along Brush Creek for over three decades, I speak alongside a unified coalition of deeply concerned neighbors. We officially call for this body to deny the developer's requested modifications, recommend a complete reversal of the high-density zoning, and return the property to its original “future land use designation.” This request is based on severe infrastructure strain and critical environmental hazards—specifically the extreme instability of the adjacent creek, which cannot support a high-density 96-unit footprint without causing catastrophic erosion and runoff. The developer's requested modifications to the safeguards established under RZ-2023-10 should be denied based on the following: · Active Sewage Infrastructure Failure: The public sewage main line runs through unstable, saturated, flood-prone soils just feet from the creek bed behind Creek Circle. This localized system is already compromised, resulting in documented sanitary sewer overflows (SSOs) that flood residential yards. Forcing 90 high-density 96 townhome units onto this compromised area creates an immediate and lasting ecological and public health hazard. · Environmental Encroachment & Floodway Risks: A portion of this 15.601-acre parcel’s buildability is dangerously questionable due to protected creek buffers and a designated FEMA flood zone. The true net density on the remaining dry ground will be unsustainably compressed, eliminating the natural wooded buffer that currently absorbs stormwater runoff for Stockbridge North, Turning Point, and adjacent communities. · Bypassing Public Standards & Safety: The developer's requested modifications threaten local property values, safety, and public infrastructure. Removing the three-sided brick mandate lowers construction quality, while lifting the 10% rental cap invites bulk institutional investors and transient tenancy. Additionally, removing the security gate turns internal roads into public thoroughfares, shifting future roadway infrastructure and maintenance costs directly onto Stockbridge taxpayers while compromising local safety. Finally, replacing a centralized dumpster with 180 individual bins introduces a permanent logistical and aesthetic nuisance. These collective downgrades undermine community standards. · Active State and Federal Investigations: Due to the proximity of the compromised sewage lines to an active creek bed in a FEMA-designated flood zone, formal requests for immediate review have been filed with the U.S. Army Corps of Engineers (Savannah District) and the Georgia EPD Watershed Protection Division. Approval of any site plan modifications prior to the completion of these active federal and state environmental audits would be premature and irresponsible. We respectfully call on the Planning Committee to deny these modifications, recommend the reversal of the high-density current zoning, and return the property to its original former “future land use designation.” Thank you for your service and for protecting our community. Sincerely, Karen Charmaine 110 Creek Cir., Stockbridge, GA 30281 770-403-0390 July 10, 2026 City of Stockbridge - City Council 4640 N Henry Blvd Stockbridge, GA 30281 RE: Letter of Intent for Zoning Modification – Bridgeview Townhomes To whom it may concern, Please accept this Letter of Intent on behalf of Apex Stockbridge regarding the residential development known as Bridgeview Townhomes. We are formally requesting a modification to the existing zoning conditions to better align the project with current market demands, modern infrastructure standards, and long-term community viability. Specifically, we request the removal of three current zoning conditions: • Amenity Requirements: We request the removal of the condition requiring a community pool and clubhouse. Eliminating these high-maintenance features will lower future Homeowners Association (HOA) dues, making these homes more accessible and financially sustainable for residents. • Waste Collection System: We request the removal of the central dumpster requirement. In its place, we propose individual, curbside roll-out waste collection for each townhome unit, which provides a cleaner, more traditional residential aesthetic and eliminates a central source of odor and debris. • Rental Restrictions: We request the removal of the condition prohibiting the townhomes from being rented. Lifting this restriction provides property owners with necessary financial flexibility and meets the growing demand for diverse housing options within the City of Stockbridge. • Gated Community Requirement: We request the removal of the condition requiring that the community be gated. This requirement puts a large HOA fee burden on homeowners to finance the ongoing maintenance of the roads and curbs throughout the subdivision. • Architectural Design – Three Sides Brick: We request the removal of the condition requiring three sides brick and replace it with a condition stating the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. We look forward to presenting this request at the upcoming City Council meeting. Thank you for your time, consideration, and continued service to our community. Sincerely, Eric Armstong Eric Armstrong Project Manager STOCKBRIDGE OFFICE: 235 Corporate Center Dr., Suite 200, Stockbridge, GA 30281 / Phone: 770.389.8666 CUMMING OFFICE: 500 Pirkle Ferry Road, Suite C, Cumming, GA 30040 / Phone: 678.807.7100 NEWNAN OFFICE: 40 Greenway Circle, Suite A, Newnan, GA 30265 / Phone: 770.755.7978 STOCKBRIDGE OFFICE: 235 Corporate Center Dr., Suite 200, Stockbridge, GA 30281 / Phone: 770.389.8666 CUMMING OFFICE: 500 Pirkle Ferry Road, Suite C, Cumming, GA 30040 / Phone: 678.807.7100 NEWNAN OFFICE: 40 Greenway Circle, Suite A, Newnan, GA 30265 / Phone: 770.755.7978 Aaron Rissler Apex Stockbridge, LLC Project Address: 4882 North Henry Blvd September 17, 2026 • Waste Collection – Removal of the central dumpster requirement. In its place we propose individual, curbside roll-out waste collection for each townhome unit, which provides cleaner, more traditional residential aesthetic and eliminates a central source of odor and debris. • Architectural Design – Three Sides Brick: We request the removal of the condition requiring three sides brick and replace it with the following language: o Front façade: Half (45) of the units shall contain 75% brick on the front. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units shall contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. o Side Elevations: The units with a public view to be composed of 75% brick on the sides or end caps. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. These units shall be the blocks of units 1-3, 83-90, 80-82, and 39-44 on the zoning concept plan. The non public facing units (all block other than the ones listed above) shall all have a minimum 4’ brick water table with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. o Rear Elevations: All units shall be a combination of brick, fiber cement siding, wood, stucco, or natural stone. o No vinyl siding shall be permitted on any units. ZM-2026-03 for 4882 North Henry Boulevard Community Development Department – Planning and Zoning Division Planning Commission Meeting--September 17, 2026 AERIAL PHOTO OF 4882 NORTH HENRY BOULEVARD 2 INTRODUCTION TO ZM-2026-03 Type of Case--This is a “zoning modification case”, whereby the applicant is seeking approval to make major changes to a development which the City Council previously approved when the property was rezoned. The zoning of the property would not change. Purpose—The applicant originally requested to remove five (5) of the twelve (12) zoning conditions that were required as part of the approval of RZ-202310. As of yesterday, he now only wishes to remove two of them, and he will be complying with the other three. Previous Applicant / Property Owner—Forestar (USA) Real Estate Group, Inc. (represented by J. Alexander Brock of Smith, Gambrell & Russell, LLP). Previous City Council Approvals--Took place on February 12, 2024. Current Applicant--Aaron Rissler of Apex Stockbridge, LLC. Current Property Owner--Apex Stockbridge, LLC. Current Proposal--Townhome development with 90 units. 3 SUBJECT PROPERTY FACTS (Slide #1) Location: Located on North Henry Boulevard, between Club Place to the west and Center Street to the east. Property Size: 15.601 +/- total acres. Previously consisted of five parcels, which were combined into one parcel. A recombination plat was approved by the Staff and recorded in Superior Court on August 13, 2024. Land Uses: Contains a former funeral home building and separate garage at 4844 and 4882 North Henry Boulevard, plus vacant land to the north. Physical Conditions: Site is mostly wooded, except for the structures along North Henry Boulevard. The rear of the property is bordered by Brush Creek and its floodplain. Current Zoning: MFR (Multiple Family Residential) and PMU (Parkway MixedUse Overlay District). Future Land Use Designation: Medium-Density Residential. 4 SUBJECT PROPERTY FACTS (Slide #2) Surrounding Land Uses: North—Vacant land. West—Stockbridge Tae Kwon Do Academy and the Club Drive Subdivision. East—Holly Salon and Ameris Bank. South—North Henry Boulevard. Northeast—Oak Hill Manor Subdivision and Turning Point Subdivision. 5 LOCATIONS OF ORIGINAL FIVE PARCELS 6 AERIAL PHOTO OF ORIGINAL FIVE PARCELS 7 ZONING MAP FOR 4882 NORTH HENRY BOULEVARD 8 FUTURE LAND USE MAP FOR 4882 NORTH HENRY BOULEVARD 9 PREVIOUS CASE APPROVALS FOR 4882 NORTH HENRY BLVD. Three cases were approved by City Council on February 12, 2024: Comprehensive Plan Amendment Case (#CP-2023-09)—Changed the property’s future land use designation to Medium-Density Residential. Rezoning Case (#RZ-2023-10)--Assigned the zoning district of MFR (Multiple Family Residential) to the property. Variance Case (#VR-2023-06)--Approved a variance to reduce the front yard setbacks of the townhome lots that were to be located on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet to 30 feet. Approved Rezoning Site Plan, Per RZ-2023-10--“North Henry Townhomes: Forestar Zoning Plan”, prepared by Atwell Group on 12/01/23, (Received by the Planning and Zoning Staff on 12/04/23). 10 PREVIOUSLY-APPROVED DEVELOPMENT (Slide #1) Type of Development—Ninety (90) townhomes were to be built at a density of 5.769 units per acre. Site Plan--The townhome development that was approved for Forestar via RZ-2023-10 was based on a site plan which was entitled, “North Henry Townhomes: Forestar Zoning Plan, prepared by Atwell Group on 12/01/23, and received by the Planning and Zoning Staff on 12/04/23. Townhome Lots and Buildings--Included thirteen (13) townhome buildings, with all units having three (3) bedrooms. Variance #VR-2023-06 was granted to reduce the front yard setbacks of the townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet to 30 feet in the MFR District. 11 PREVIOUSLY-APPROVED DEVELOPMENT (Slide #2) Site Plan Design—The project entrance would have been off North Henry Boulevard, with internal streets leading to two cul-de-sacs. An emergency access would also have been provided at the rear of the property to connect with club Place to the west. There would have been 30 percent open space and a 25-foot zoning buffer surrounding the property. Amenities—Were to include a swimming pool, a clubhouse, a dog park, and a mail kiosk. Parking—There were to be 316 total parking spaces. Traffic Impact Study—One was prepared by KCI Technologies, Inc. in December 2023, entitled, “North Henry Residential Development: Traffic Impact Study.” It concluded that traffic service levels at the project entrance would be acceptable upon the project buildout, and it recommended the installation of a westbound deceleration lane at the project entrance. 12 PREVIOUSLY-APPROVED SITE PLAN, PER RZ-2023-10 13 PREVIOUS SITE PLAN, ENLARGED 14 PREVIOUSLY-APPROVED ADMINISTRATIVE ZONING MODIFICATION Reason for Case--The previous developer, Forestar, was previously required by the Staff to apply for an Administrative Zoning Modification due to observed differences between the submitted site plan for the land disturbance permit (LDP) and the approved rezoning site plan. Forestar stated that the differences were due to its attempt to meet the twelve (12) required zoning conditions from RZ-2023-10. Forestar submitted its application on September 19, 2024. Proposed Changes—The LDP site plan included the inclusion of gates at the project entrance, the conversion of all townhomes to two-car units, the provision of a community dumpster, and the addition of a 10-footwide concrete walking path along the front of the development. 15 PROPOSED DEVELOPMENT (Slide #1) APPLICATION SUBMITTAL—A major zoning modification application was submitted by Falcon Design on behalf of Apex Stockbridge, LLCX on July 10, 2026. PURPOSE OF APPLICATION—The Letter of Intent stated that the purpose of the application was to “better align the project with current market demands, modern infrastructure standards, and long-term community viability.” APPLICATION REQUESTS—The applicant requested the approvals of the removals of five (5) of the zoning conditions that were required as part of the previous rezoning of the property via Rezoning Case #RZ-2023-10. The applicant later revised his letter of intent to request that only two of the zoning conditions be removed. TYPE OF DEVELOPMENT—The applicant proposes to build the same number of townhomes—ninety (90)—that were previously approved via RZ-2023-10. 16 PROPOSED DEVELOPMENT (Slide #2) WATER AND SEWER AVAILABILITY LETTER—The applicant obtained one from the City’s Public Works Department, dated January 26, 2026. It stated that “the existing wastewater collection system has sufficient capacity to support the requested sanitary sewer flows. However, the water capacity will be contingent upon the results of the future flow test to be performed by the owner / developer.” EASEMENT DONATION—The applicant has offered to provide an easement through the rear portion of the subject property for the purpose of connecting the site to the City’s trail system. Further, the applicant has offered to donate that easement to the City. 17 APPLICANT’S REQUESTS (Slide #1) At the time of the original application submittal for ZM-2026-03 on July 10, 2026, the applicant had requested that the City Council approve the removal of five (5) of the zoning conditions that were included as part of the rezoning of the property via Rezoning Case #RZ-2023-10. The five requests were advertised and listed on the Planning Commission agenda. They are as follows: 1. Rezoning Condition #1: Site Plan—“The proposed townhome development shall be submitted according to a design which is similar to the one that is similar to the applicant’s submitted site plan, entitled, “North Henry Townhomes: Forestar Zoning Plan”, which was prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23.” The applicant originally wanted to delete the pool and clubhouse that were shown on the approved site plan, but has now agreed to provide them, after all, showing them on a revised site plan. 18 APPLICANT’S REQUESTS (Slide #2) 2. Rezoning Condition #4: Waste Collection—“A consolidated waste collection system shall be used, with no individual waste recepreceptacles being permitted.” The applicant wants to use them instead of providing a centralized dumpster. 3. Rezoning Condition #5a: Architectural Design—“All townhomes shall have brick on at least three sides.” The applicant originally requested a replacement condition stating that the architectural design of the townhomes would be substantially similar to the rendering that was provided at the City Council meeting. Now, though, the applicant is requesting a revised condition, as follows: 19 APPLICANT’S REQUESTS (Slide #3) ~ Front Façade: Half (45) of the units shall contain 75% brick on the front. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units shall contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. ~ Side Elevations: The units with a public view to be composed of 75% brick on the sides or end caps. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. These units shall be the blocks of units 1-3, 83-90, 80-82, and 39-44 on the zoning concept plan. The non-public facing units (all blocks other than the zoning concept plan. The non-public-facing units (all blocks other than the ones listed above) shall all have a minimum 4’ brick water table with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. 20 APPLICANT’S REQUESTS (Slide #4) ~ Rear Elevations: All units shall be a combination of brick, fiber cement siding, wood, stucco, or natural stone. ~ Siding: No vinyl siding shall be permitted on any units. 4. Rezoning Condition #5c: Architectural Design—“This shall be a gated community.” The applicant originally wanted to remove the gates an provide public streets so that the HOA would not have to be responponsible for maintaining the streets, but has now agreed to provide gates, after all. 5. Rezoning Condition #6: Rental Units—“No more than 10 percent of the townhome units may be rented at any time.” The applicant originally wanted to remove this restriction, but he has now agreed to keep it. 21 SITE PLAN INFORMATION SITE PLAN SUBMITTALS ~ Original Zoning Modification Site Plan--The applicant originally submitted a site plan on July 11, 2026, which was titled, “Zoning Modification Concept Plan for Bridgeview Townhomes”, prepared by Falcon Design on July 1, 2026 as Project Number 594.001. It showed a different layout of the streets and townhome buildings than what was shown on the City Council’s approved rezoning site plan. ~ Subsequent Revisions--Thereafter, the applicant submitted revised site plans on July 22, August 11, and September 16, 2026. ~ Relation of Requests to Site Plan—The two requests which the applicant is currently making have no relation to the site plan; thus, the site plan is not being considered in this zoning modification application. 22 SUBMITTED SITE PLAN (As of September 16, 2026) 23 SITE PLAN ENLARGEMENT 24 RENDERING OF A PROPOSED TOWNHOME BUILDING 25 ANALYSIS (Slide #1) The applicant’s zoning modification requests were analyzed. Although the applicant originally requested the removal of five of the conditions from the Council’s rezoning approval via RZ-2023-10, the applicant currently is seeking to proceed with only two of these requests. They are as follows: 1. Waste Collection System (required by Zoning Condition #4 from RZ-2023-10)—The applicant requests to use individual curbside roll-out trash receptacles instead of a centralized dumpster. Since only 90 units would be built, this is reasonable and it should be approved. Further, not having a dumpster would reduce the burden on adjacent communities from excess dumpster waste. 26 ANALYSIS (Slide #2) 2. Architectural Design—Three Sides Brick (required by Zoning Condition #5a from RZ-2023-10): 27 a. Original Request--The applicant originally requested the removal of the condition requiring three sides brick and replacing it with a condition stating that the architectural design of the townhomes would be substantially similar to the rendering that was provided at the City Council meeting. But that would have conflicted with Section 4.4.4(C) of the UDC, which requires buildings in the MFR district to have at least 75 percent brick or stone on all four facades. In fact, the zoning condition was less restrictive than the Section 4.4.4(C) requirement. And the applicant’s proposed rendering with facades having substantial non-brick portions would not have been acceptable. ANALYSIS (Slide #3) b. Revised Request—A previous slide listed the applicant’s current requests pertaining to the front facades, the side elevations, the rear elevations, and the non-use of vinyl siding. This revised architecttural design request is reasonable and it should be approved. 28 CONCLUSIONS Conclusion #1--To reiterate, the applicant originally requested the removal of five of the conditions from RZ-2023-10. But now, per his revised letter of intent that was received by the Staff on September 16, 2026, he is now only requesting the approval of the removals of two of those conditions: 1) for waste collection, not using a centralized dumpster; and 2) regarding architectural design, not having brick on three sides of all of the townhome buildings. The Staff agrees with #1, as well as the applicant’s revised #2 request. Conclusion #2—Due the applicant’s revised letter of intent, he now agrees to comply with the other three of this original requests. Specifically, he is going to 1) provide a pool and a clubhouse; 2) provide entrance gates; and 3) agree to allow the 10 percent rental restriction. Conclusion #3—Since the applicant’s current two requests have no relation to any site plan, the applicant would need to apply for an administrative zoning modification in order to seek approval for his revised site plan, which differs somewhat in its layout compared to the rezoning site plan that was approved by City Council via RZ-2023-10. 29 RECOMMENDATIONS (Slide #1) Based on the previous analysis, Zoning Modification Case #ZM-2026-03 shall be approved with the following seven (7) conditions: 1. Waste Collection System—The applicant may utilize individual curbside waste receptacles for each townhome unit or building in lieu of providing a centralized trash dumpster. 2. Architectural Design--The applicant shall comply with the following archiitectural requirements: a. Front Façade: Half (45) of the units shall contain 75% brick on the front. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units shall contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. 30 RECOMMENDATIONS (Slide #2) b. Side Elevations: The units with a public view to be composed of 75% brick on the sides or end caps. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. These units shall be the blocks of units 1-3, 83-90, 80-82, and 39-44 on the zoning concept plan. The non-public-facing units (all blocks other than the ones listed above) shall all have a minimum 4’ brick water table with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. c. Rear Elevations: All units shall be a combination of brick, fiber cement siding wood, stucco, or natural stone. d. Siding: No vinyl siding shall be permitted on any units. 31 RECOMMENDATIONS (Slide #3) 3. Site Plan—The applicant shall comply with the rezoning site plan from RZ-2023-10, unless the Community Development Staff approves a separate administrative zoning modification application for a revised site plan. 4. Easement and Trailhead—The applicant shall provide an easement across the rear portion of the property in an acceptable location for the purpose of connecting with the City’s trail system. Further, the property owner or developer shall donate the trailhead to the City of Stockbridge. 5. Water Capacity—The owner / developer shall perform a “future flow test”, in compliance with the Public Works letter from January 26, 2026, to determine whether sufficient water capacity exists to serve the proposed townhome development. In addition, the developer shall make any necessary improvements that are specified Public Works. 32 RECOMMENDATIONS (Slide #4) 5. Water Capacity—The owner / developer shall perform a “future flow test”, in compliance with the Public Works letter from January 26, 2026, to determine whether sufficient water capacity exists to serve the proposed townhome development. In addition, the developer shall make any necessary improvements that are specified Public Works. 6. Two-Car Garages—All townhome units shall have two-car garages. (Emphasizing Condition #5b from RZ-2023-10.) 7. Remaining Conditions from RZ-2023-10—The developer shall comply with the remaining zoning conditions from RZ-2023-10. 33 Questions or Comments? ZM-2026-03 for 4882 North Henry Boulevard Community Development Department – Planning and Zoning Division City Council Meeting—October 12, 2026 Presented by Ryan Anderson, MPPA, CPM ORIGINAL ZONING MODIFICATION REQUESTS At submittal (July 10, 2026), the applicant requested five zoning modifications to RZ-2023-10: 1 Condition #1 – Site Plan: Delete the pool and clubhouse from the approved site plan WITHDRAWN 2 Condition #4 – Waste Collection: Use individual waste receptacles instead of a centralized dumpster STILL REQUESTED 3 Condition #5a – Architectural Design: Replace the three-sides-brick requirement STILL REQUESTED 4 Condition #5c – Gated Community: Remove the entrance gates and provide public streets WITHDRAWN 5 Condition #6 – Rental Units: Remove the 10% rental restriction WITHDRAWN The applicant has since withdrawn three requests and now seeks only the two zoning modifications shown on slide 12 (Applicant’s Requests). 2 ZM-2026-03 AT A GLANCE Case Type: Major zoning modification — changes to a development approved at rezoning. The zoning itself does not change. 12 zoning conditions in RZ-2023-10 Applicant / Owner: Aaron Rissler, Apex Stockbridge, LLC Previous Owner: Forestar (USA) Real Estate Group, Inc. (represented by J. Alexander Brock, Smith, Gambrell & Russell, LLP) Original Approval: RZ-2023-10, approved by City Council on February 12, 2024 5 originally requested for removal Proposal: 90-unit townhome development 2 still requested (revised letter of intent) 3 AERIAL PHOTO 4 SUBJECT PROPERTY Property Facts Surrounding Land Uses • Location: North Henry Blvd., between Club Place (west) and Center Street (east) North: Vacant land • Size: 15.601± acres; five parcels combined (recombination plat recorded Aug. 13, 2024) • Existing Uses: Former funeral home and garage (4844 & 4882 N. Henry Blvd.); vacant land to the north • Site Conditions: Mostly wooded; Brush Creek and its floodplain border the rear • Zoning: MFR (Multiple Family Residential) and PMU (Parkway Mixed-Use Overlay) • Future Land Use: Medium-Density Residential 5 Northeast: Oak Hill Manor and Turning Point Subdivisions East: Holly Salon and Ameris Bank South: North Henry Boulevard West: Stockbridge Tae Kwon Do Academy and Club Drive Subdivision PARCELS, ZONING & FUTURE LAND USE 6 Original Five Parcels Zoning Map Future Land Use Map Combined into one parcel (Aug. 2024) MFR with PMU Overlay Medium-Density Residential PREVIOUS APPROVALS (RZ-2023-10) Three related cases were approved by City Council on February 12, 2024 CP-2023-09 RZ-2023-10 VR-2023-06 Comprehensive Plan Amendment Rezoning Variance Changed the future land use designation to MediumDensity Residential. Assigned MFR (Multiple Family Residential) zoning, subject to 12 zoning conditions and an approved site plan. Reduced front yard setbacks along North Henry Blvd. and Center Street from 50 ft to 30 ft for townhome lots. Approved rezoning site plan: “North Henry Townhomes: Forestar Zoning Plan,” Atwell Group, 12/01/23 (received by Staff 12/04/23) 7 PREVIOUSLY-APPROVED DEVELOPMENT 8 90 5.77 townhomes units per acre 13 buildings, all 3bedroom 316 30% parking spaces open space Site Design Amenities & Traffic • Entrance off North Henry Blvd.; internal streets lead to two cul-de-sacs • Swimming pool, clubhouse, dog park, and mail kiosk • Emergency access at the rear connecting to Club Place • 25-ft zoning buffer around the property • Traffic Impact Study (KCI Technologies, Dec. 2023): acceptable service levels at the entrance at buildout • Variance VR-2023-06: 30-ft front setbacks (vs. 50 ft) on North Henry Blvd. and Center St. • Study recommended a westbound deceleration lane at the entrance PREVIOUSLY-APPROVED SITE PLAN, ENLARGED (RZ-2023-10) 9 PROPOSED DEVELOPMENT Application submitted July 10, 2026 by Falcon Design on behalf of Apex Stockbridge, LLC 11 Purpose Units “To better align the project with current market demands, modern infrastructure standards, and longterm community viability.” (Letter of Intent) Same 90 townhomes previously approved under RZ2023-10. Water & Sewer Trailhead Donation Public Works letter (Jan. 26, 2026): sewer capacity is sufficient; water capacity depends on a future flow test by the owner/developer. Bridgeview will donate the trailhead to the City, to be incorporated into the City’s master trail plan, the Bridgeway Trail Plan. This is a donation, not an easement. PROPOSED TOWNHOME RENDERING 12 APPLICANT’S REQUESTS Conditions of RZ-2023-10 the applicant is asking Council to change RZ-2023-10 Condition Current Requirement Requested Change #4 Waste Collection A consolidated waste collection system shall be used, with no individual waste receptacles permitted. Use individual curbside roll-out receptacles instead of a centralized dumpster. #5a Architectural Design All townhomes shall have brick on at least three sides. Replace with revised brick standards for front, side, and rear elevations; no vinyl siding (see Condition 2). Per the revised letter of intent (Sept. 16, 2026), the applicant withdrew the other three original requests and will comply with those conditions. 13 STAFF ANALYSIS 1 Waste Collection Zoning Condition #4, RZ-2023-10 • Individual curbside roll-out receptacles instead of a centralized dumpster 2 Architectural Design Zoning Condition #5a, RZ-2023-10 (three sides brick) • Reasonable for a 90-unit development • Original request (design “substantially similar” to rendering) conflicted with UDC §4.4.4(C): 75% brick or stone on all four façades in MFR • Avoids burden on adjacent communities from excess dumpster waste • Rendering’s substantial non-brick façades would not have been acceptable • Revised request (front, side, rear, no vinyl) is reasonable Staff: Reasonable — approve 14 Staff: Revised request — approve RECOMMENDATION (1 of 2) Staff recommends APPROVAL of ZM-2026-03 with six (6) conditions: 1. Waste Collection System—The applicant may utilize individual curbside waste receptacles for each townhome unit or building in lieu of providing a centralized trash dumpster. 2. Architectural Design—The applicant shall comply with the following architectural requirements: Elevation Requirement a. Front Façade Half (45) of the units shall contain 75% brick on the front. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units shall contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. b. Side Elevations The units with a public view to be composed of 75% brick on the sides or end caps. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. These units shall be the blocks of units 1-3, 83-90, 80-82, and 39-44 on the zoning concept plan. The non-public-facing units (all blocks other than the ones listed above) shall all have a minimum 4’ brick water table with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. c. Rear Elevations All units shall be a combination of brick, fiber cement siding, wood, stucco, or natural stone. d. Siding No vinyl siding shall be permitted on any units. 15 RECOMMENDATION (2 of 2) 16 3 Site Plan—The development shall substantially comply with the previously approved site plan from RZ2023-10, “North Henry Townhomes: Forestar Zoning Plan,” prepared by Atwell Group on 12/01/23. 4 Trailhead Donation—Bridgeview shall donate the trailhead to the City of Stockbridge, to be incorporated into the City’s master trail plan, the Bridgeway Trail Plan. The trailhead shall be conveyed to the City by donation; it is not an easement. 5 Water Capacity—The owner / developer shall perform a “future flow test,” in compliance with the Public Works letter from January 26, 2026, to determine whether sufficient water capacity exists to serve the proposed townhome development. In addition, the developer shall make any necessary improvements that are specified by Public Works. 6 Remaining Conditions from RZ-2023-10—The developer shall comply with the remaining zoning conditions from RZ-2023-10. PLANNING COMMISSION ACTION Staff Recommendation Community Development APPROVE with six (6) conditions 17 Planning Commission September 17, 2026 DENY Unanimous, 5–0 (one member absent) REQUESTED COUNCIL ACTION Staff requests that City Council consider APPROVAL of ZM-2026-03 at 4882 North Henry Boulevard, granting the following requests: 1 Waste Collection Condition #4, RZ-2023-10 Allow individual curbside waste receptacles in lieu of a centralized trash dumpster. 2 Architectural Design Condition #5a, RZ-2023-10 Replace the three-sides-brick requirement with the revised architectural standards (front, side, and rear elevations; no vinyl siding). Subject to the six (6) conditions recommended by Staff 18 Questions or Comments? Ryan Anderson, MPPA, CPM randerson@stockbridgega.org STATE OF GEORGIA HENRY COUNTY CITY OF STOCKBRIDGE ORDINANCE NO. ____________________ AN ORDINANCE TO APPROVE MAJOR ZONING MODIFICATION FOR PROPERTY LOCATED AT 4882 NORTH HENRY BOULEVARD, PARCEL #S18-02002005, TO PROVIDE FOR MODIFICATIONS TO ZONING CONDITIONS #4 AND #5a ASSOCIATED WITH REZONING CASE #RZ-2023-10. WHEREAS, the City Council of the City of Stockbridge desires to facilitate responsible community growth and economic vitality to meet the needs of residents; and WHEREAS, Article IX, Section II, Paragraph IV of the Georgia Constitution empowers the governing authority of each county and of each municipality to adopt plans and exercise the power of zoning; and WHEREAS, the City of Stockbridge is a municipal corporation duly organized and existing under the laws of the State of Georgia; and WHEREAS, the City of Stockbridge, Georgia is empowered to regulate the use of land through zoning regulations in accordance with its Charter and the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.); and WHEREAS, the applicant, Aaron Rissler of Apex Stockbridge, LLC, represented by Sara Shirk of Falcon Design, has submitted a request for a major zoning modification to amend zoning conditions associated with Rezoning Case #RZ-2023-10 for Parcel #S18-02002005, located at 4882 North Henry Boulevard; and WHEREAS, the subject property is owned by Apex Stockbridge, LLC, consists of approximately 15.601 ± acres, is located on the north side of North Henry Boulevard and the west side of Center Street, and is situated within Council District 4 of the City of Stockbridge; and WHEREAS, the subject property is currently zoned MFR (Multiple Family Residential) within the PMU (Parkway Mixed-Use) Overlay District and is designated Medium-Density Residential on the City's Future Land Use Map, and the requested major zoning modification would not change either the zoning classification or Future Land Use designation of the property; and WHEREAS, on February 12, 2024, the City Council approved Comprehensive Plan Amendment Case #CP-2023-09, Rezoning Case #RZ-2023-10, and Variance Case #VR-2023-06 for the subject property to allow a ninety (90) unit townhome development; the five (5) parcels then comprising the subject property were subsequently recombined into a single tract by plat recorded in Henry County Superior Court on August 13, 2024; and the property was thereafter conveyed to Apex Stockbridge, LLC; and WHEREAS, the applicant originally requested the modification of five (5) zoning conditions of RZ-2023-10, but by revised Letter of Intent dated September 17, 2026, withdrew three (3) of those requests and agreed to provide a pool and clubhouse, provide entrance gates, and comply with the ten percent (10%) rental restriction, such that the request now seeks the modification of only Zoning Condition #4 (waste collection) and Zoning Condition #5a (architectural design); and WHEREAS, the purpose of the request is to permit individual curbside roll-out waste collection for each townhome unit in lieu of a consolidated waste collection system, and to replace the requirement that all townhome units have brick on at least three sides with revised exterior material standards, without changing the number of townhome units or the site plan approved with RZ-2023-10; and WHEREAS, a public hearing was held in accordance with the Georgia Zoning Procedures Law, and all legal notice and procedural requirements have been satisfied. THEREFORE, IT IS NOW HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKBRIDGE, GEORGIA AS FOLLOWS: SECTION 1. APPROVAL OF ZONING MODIFICATION. The Stockbridge City Council grants Major Zoning Modification Case #ZM-2026-03, amending Zoning Conditions #4 and #5a of Rezoning Case #RZ-2023-10 to allow individual curbside waste receptacles in lieu of a centralized trash dumpster and to establish revised exterior material standards for the townhome units, for the ninety (90) unit townhome development on Parcel #S18-02002005, located at 4882 North Henry Boulevard. SECTION 2. The zoning conditions specifically addressed in this zoning modification request shall be modified as set forth below. All other zoning conditions associated with CP-2023-09, RZ2023-10, and VR-2023-06 shall remain unchanged and in full force and effect. 1. The applicant may utilize individual curbside waste receptacles for each townhome unit in lieu of providing a centralized trash dumpster. (Replaces Condition #4 of RZ-2023-10.) 2. The applicant shall comply with the following architectural requirements (replaces Condition #5a of RZ-2023-10): a. Front Façade: Half (45) of the units shall contain seventy-five percent (75%) brick on the front. The remaining twenty-five percent (25%) may be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units may contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. b. Side Elevations: Units with a public view shall be composed of seventy-five percent (75%) brick on the sides or end caps. The remaining twenty-five percent (25%) may be composed of fiber cement siding, wood, stucco, or natural stone. These units are the blocks of units 1-3, 39-44, 80-82, and 83-90 on the zoning concept plan. The non-public-facing units (all blocks other than those listed above) shall have a minimum four (4) foot brick water table, with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. 3. 4. 5. 6. 7. c. Rear Elevations: All units shall be a combination of brick, fiber cement siding, wood, stucco, or natural stone. d. Siding: No vinyl siding shall be permitted on any units. The applicant shall comply with the rezoning site plan approved with RZ-2023-10, unless the Community Development Department approves a separate administrative zoning modification application for a revised site plan. The applicant shall provide an easement across the rear of the property, in a location acceptable to the City, to connect with the City's trail system. The property owner or developer shall donate the easement and trailhead to the City of Stockbridge. The owner/developer shall perform a water flow test, as required by the Public Works letter dated January 26, 2026, to determine whether sufficient water capacity exists to serve the development. The developer shall make any necessary improvements specified by Public Works. All townhome units shall have two-car garages. (Reaffirms Condition #5b of RZ-2023-10.) All other conditions of approval associated with CP-2023-09, RZ-2023-10, and VR-202306 shall remain in full force and effect unless specifically modified herein. SECTION 3. Public Hearing. Pursuant to the Georgia Zoning Procedures Law and applicable City ordinances, proper notice of the request was provided. A Community Zoning Information Meeting (CZIM) was held on August 12, 2026, and a duly advertised public hearing before the Planning Commission was conducted on August 20, 2026, and continued to a public hearing that was conducted before the Planning Commission on September 17, 2026. Further, a properlyadvertised public hearing on the requested major modification was held not less than 15, nor more than 45, days from the date of publication of notice, and which public hearing before Mayor and City Council was held on October 12, 2026. SECTION 4. Severability. To the extent any portion of this Ordinance is declared to be invalid, unenforceable, or non-binding, that shall not affect the remaining portions of this Ordinance. SECTION 5. Repeal of Conflicting Provisions. All City Ordinances inconsistent with this Ordinance shall be repealed. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council of the City of Stockbridge as provided in the City Charter. SECTION 7. Attorney Authorization. The City Attorney, backed by the City's charter and with the explicit endorsement of the City Council, is authorized to make necessary amendments to contracts, ordinances, resolutions, and documents to align them with the intent of the City Council and ensure compliance with all pertinent city laws and regulations. SO ORDAINED this [____] day of [__________], 2026. ________________________________________ Elton Alexander, Mayor Pro Tem ATTEST: ___________________________________ (SEAL) Cassandra Lester , Interim City Clerk APPROVED AS TO FORM: ____________________________________ QUINTON G. WASHINGTON, City Attorney CITY OF STOCKBRIDGE PLANNING & ZONING DIVISION REVIEWED FOR CODE COMPLIANCE These drawings were reviewed under the applicable laws in effect at the time of submittal. Reasonable effort was exercised in checking for code compliance. The stamping of these documents shall not be construed to be a permit for, or an approval of, any violation of state and/or local codes, amendments, or ordinances thereto. Reviewer: Linda Logan 03/28/25 LAND USE SUMMARY CIVIL ENGINEERING LAND SURVEYING COA NO. PER 004790 COA NO. LSF 000995 CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECT LAND PLANNING S CURRENT ZONING: MFR T TOTAL SITE AREA: 15.57 ac TOTAL UNITS: 90 GROSS DENSITY: 5.78 du/ac SS L=201.37 R=406.21 CH=S05° 22' 57"W CL=199.32 MFR STANDARDS TOWNHOME WIDTH: 24' T T FRONT S/B: 30' FALCON DESIGN CONSULTANTS T CENTE R STRE ET 40' PUB LIC R/W MIN. BUILDING SEPARATION: 20' STOCKBRIDGE OFFICE 235 CORP. CTR. DR., STE 200 STOCKBRIDGE, GEORGIA 30281 Ph (770)389-8666 - Fax (770)389-8656 TT T E T T T T N89°57'17"W 106.88' GAS X X X X X X X X X X X 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 X X X X X W X 50 X T X 49 X 43 X SS X X 42 T W X 41 X X S88°56'26"E 399.83' X DETENTION POND X X X X X 37 38 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 12 11 9 8 7 6 5 4 1 2 3 X X X X X X X X SS 36 13 10 X X S WT X X N00°25'55"E 147.06' N00°35'07"E 242.73' X X OF CREEK TW S88°43'05"W 149.14' X X 39 SS X X 40 X X X X 25' BUFFER X X X X 521.49' N00°41'12"E T 55.55' N00°03'10"W 118.41' N00°31'28"E 99.74' N00°43'22"E 194.50' N00°59'58"E 175.98' N00°58'11"E SS X SS X 113.63' N88°16'15"W X X TOP OF BANK CLUB PLACE 40' PUBLIC R/W W E 500 YR FLOOD LINE GENERAL NOTES: 1. LAYOUT IS CONCEPTUAL IN NATURE AND IS FOR PLANNING PURPOSES ONLY. FURTHER INFORMATION WILL BE REQUIRED TO DESIGN THE PROJECT. 2. 25' BUFFER SHOWN ON PLAN DRAWN IN ACCORDANCE WITH STOCKBRIDGE UNIFIED DEVELOPMENT CODE SECTION 4.6. GRID NORTH GA WEST ZONE 3. PROPERTY BOUNDARIES OBTAINED FROM ALTA SURVEY PERFORMED BY LJA SURVEYING, INC. DATED JANUARY 09, 2026. 4. EACH INDIVIDUAL TOWNHOME UNIT WITHIN THIS DEVELOPMENT SHALL BE SERVICED BY INDIVIDUAL, CURBSIDE SOLID WASTE COLLECTION. NO CENTRALIZED OR COLLECTIVE DUMPSTER LOCATIONS SHALL BE UTILIZED WITHIN THE DEVELOPMENT. GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 inch = 50 ft. P:\Projects\594.001 4882 North Henry Blvd\PLANNING\CONCEPTS\Zoning Modification\Bridgeview Zoning Mod Concept.dwg, EArmstrong, Mon, Aug 10, 2026 6:26pm 100 OR DIAL 811 TE 48 1 (800) 282-7411 THROUGHOUT GEORGIA GAS 47 Call before you dig. TE GAS X 46 45 UTILITIES PROTECTION CENTER E X 44 LOCATED IN: LAND LOT 60, 12TH DISTRICT CITY OF STOCKBRIDGE. GEORGIA W T X X 72 X 71 Know what's below. T X OPEN SPACE X 69 70 W GAS X E X PLAYGROUND NORTH HENRY BLVD SS (VARIABLE PUBLIC PUBLICSS R/W) T E X CBU 25' BUFFER BRIDGEVIEW TOWNHOMES W S X X DOG PARK ZONING MODIFICATION CONCEPT PLAN FOR 90 T FALCON DESIGN CONSULTANTS, LLC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR WRITTEN PERMISSION FROM FALCON DESIGN CONSULTANTS, LLC. IS EXPRESSLY PROHIBITED. 73 X X X S SS T T T T T T T E GAS E E T T S 74 SS SS SS T GAS S T SS T E T T T SS T E GAS S GAS T SS E SS X X X S00°45'47"W 1158.71' SS SS T S X SS E SS 89 E SS 100 YR FLOOD LINE EX. 20' S.S.E. T SS 88 X SS 75 X T EX. 20' S.S.E. SS 87 X T X E SS T T S 500 YR FLOOD LINE SS SS SS 76 L=345.08 R=11504.16 CH=S89° 34' 39"W CL=345.07 REVISED PER CITY COMMENTS REVISED PER CITY COMMENTS SS T W 86 SS 77 T 85 X 78 DETENTION POND X 84 X 79 1. 7/21/26 2. 8/10/26 3. 4. 5. 6. 7. 8. S87°24'31"E 83 T GA SS E 180.01' S00°22'03"WX TT T .77' 207 X SS E SS T T E SS T SS E X T GAS SS T E T E T E T E REVISIONS 80 CUMMING OFFICE 500 PIRKLE FERRY RD., STE C CUMMING, GEORGIA 30040 Ph. (678) 807-7100 www.fdc-llc.com T 81 SS T E 124.09' N89°36'08"E T SS 82 NEWNAN OFFICE 40 GREENWAY CT., STE A NEWNAN, GEORGIA 30265 Ph. (770) 755-7978 DATE SIDE S/B: 15' REAR S/B: 20' SS T DATE: 7/10/26 SCALE: 1" = 50' PROJ NUMBER: 594.001 DRAWN BY: EDA AP REVIEWED BY: REVISED BY: - THIS DOCUMENT IS NOT VALID UNLESS IT BEARS THE ORIGINAL SIGNATURE OF THE REGISTRANT ACROSS THE REGISTRANT'S SEAL. SHEET NUMBER 1.0 LAND USE SUMMARY CIVIL ENGINEERING LAND SURVEYING COA NO. PER 004790 COA NO. LSF 000995 CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECT LAND PLANNING S CURRENT ZONING: MFR T TOTAL SITE AREA: 15.57 ac TOTAL UNITS: 90 GROSS DENSITY: 5.78 du/ac SS L=201.37 R=406.21 CH=S05° 22' 57"W CL=199.32 MFR STANDARDS TOWNHOME WIDTH: 24' T T FRONT S/B: 30' FALCON DESIGN CONSULTANTS T CENTE RS 40' PUB TREET LIC R/W MIN. BUILDING SEPARATION: 20' STOCKBRIDGE OFFICE 235 CORP. CTR. DR., STE 200 STOCKBRIDGE, GEORGIA 30281 Ph (770)389-8666 - Fax (770)389-8656 TT T E T T T T N89°57'17"W 106.88' GAS X X X X X X W W T X X X 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 W 48 X T X 47 X 43 X SS X X 42 T W X 41 X X S88°56'26"E 399.83' X DETENTION POND X X X X X 37 38 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 12 11 9 8 7 6 5 4 1 2 3 X X X X X X X X SS 36 13 10 X X S WT X X N00°25'55"E 147.06' N00°35'07"E 242.73' X X ℄ OF CREEK TW S88°43'05"W 149.14' X X 39 SS X X 40 X X X X 25' BUFFER X X X X 521.49' N00°41'12"E T 55.55' N00°03'10"W 118.41' N00°31'28"E 99.74' N00°43'22"E 194.50' N00°59'58"E 175.98' N00°58'11"E SS X SS X 113.63' N88°16'15"W X X TOP OF BANK CLUB PLACE 40' PUBLIC R/W W E 500 YR FLOOD LINE GENERAL NOTES: 1. LAYOUT IS CONCEPTUAL IN NATURE AND IS FOR PLANNING PURPOSES ONLY. FURTHER INFORMATION WILL BE REQUIRED TO DESIGN THE PROJECT. 2. 25' BUFFER SHOWN ON PLAN DRAWN IN ACCORDANCE WITH STOCKBRIDGE UNIFIED DEVELOPMENT CODE SECTION 4.6. GRID NORTH GA WEST ZONE 3. PROPERTY BOUNDARIES OBTAINED FROM ALTA SURVEY PERFORMED BY LJA SURVEYING, INC. DATED JANUARY 09, 2026. 4. EACH INDIVIDUAL TOWNHOME UNIT WITHIN THIS DEVELOPMENT SHALL BE SERVICED BY INDIVIDUAL, CURBSIDE SOLID WASTE COLLECTION. NO CENTRALIZED OR COLLECTIVE DUMPSTER LOCATIONS SHALL BE UTILIZED WITHIN THE DEVELOPMENT. GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 inch = 50 ft. P:\Projects\594.001 4882 North Henry Blvd\PLANNING\CONCEPTS\Zoning Modification\Bridgeview Zoning Mod Concept.dwg, nferris, Mon, Sep 14, 2026 - 5:29pm 100 OR DIAL 811 TE 46 45 1 (800) 282-7411 THROUGHOUT GEORGIA GAS X 44 Call before you dig. TE GAS X 71 UTILITIES PROTECTION CENTER E X 70 LOCATED IN: LAND LOT 60, 12TH DISTRICT CITY OF STOCKBRIDGE. GEORGIA T X 69 CLUB HOUSE OPEN SPACE 72 W GAS E 25' BUFFER NORTH HENRY BLVD SS (VARIABLE PUBLIC PUBLICSS R/W) T POOL Know what's below. 90 BRIDGEVIEW TOWNHOMES 73 T FALCON DESIGN CONSULTANTS, LLC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR WRITTEN PERMISSION FROM FALCON DESIGN CONSULTANTS, LLC. IS EXPRESSLY PROHIBITED. 89 SS S SS T T T E T T T E T T GAS S 74 S SS SS T E S T SS T T E SS T GAS SS T E SS T T SS T E GAS S GAS SS S00°45'47"W 1158.71' 100 YR FLOOD LINE EX. 20' S.S.E. E SS T SS 88 SS T S X SS E SS 75 E T EX. 20' S.S.E. SS 87 X SS 76 X T X E 500 YR FLOOD LINE SS SS SS T T L=345.08 R=11504.16 CH=S89° 34' 39"W CL=345.07 ZONING MODIFICATION CONCEPT PLAN FOR SS T W 86 SS 77 T 85 X 78 DETENTION POND X 84 X 79 REVISED PER CITY COMMENTS REVISED PER CITY COMMENTS S87°24'31"E 83 T GA S SS E 180.01' S00°22'03"WX TT T .77' 207 X SS E SS T T E SS T SS E X T GAS SS T E T E T E T E REVISIONS 80 CUMMING OFFICE 500 PIRKLE FERRY RD., STE C CUMMING, GEORGIA 30040 Ph. (678) 807-7100 www.fdc-llc.com T 81 SS T E 124.09' N89°36'08"E T SS 82 NEWNAN OFFICE 40 GREENWAY CT., STE A NEWNAN, GEORGIA 30265 Ph. (770) 755-7978 DATE 1. 7/21/26 2. 8/10/26 3. 4. 5. 6. 7. 8. SIDE S/B: 15' REAR S/B: 20' SS T DATE: 9/14/26 SCALE: 1" = 50' PROJ NUMBER: 594.001 DRAWN BY: NF EDA REVIEWED BY: REVISED BY: - THIS DOCUMENT IS NOT VALID UNLESS IT BEARS THE ORIGINAL SIGNATURE OF THE REGISTRANT ACROSS THE REGISTRANT'S SEAL. SHEET NUMBER 1.0 N P O FLIPPEN ROAD 2 TELEPHONE PEDASTAL ENCROACHES 5.4' TELEPHONE PEDASTAL ENCROACHES 8.1' T T E FIBER OPTIC MARKER T COMPUTED POINT SET 5/8" CAPPED REBAR (LSF #1390) SS W G G OHE UGE X X T E T T FOUND 1/2" REBAR BUILDING X THIS PLAT IS A RETRACEMENT OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT SUBDIVIDE OR CREATE A NEW PARCEL OR MAKE ANY CHANGES TO ANY REAL PROPERTY BOUNDARIES. THE RECORDING INFORMATION OF THE DOCUMENTS, MAPS, PLATS, OR OTHER INSTRUMENTS WHICH CREATED THE PARCEL OR PARCELS ARE STATED HEREON. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND. FURTHERMORE, THE UNDERSIGNED LAND SURVEYOR CERTIFIES THAT THIS PLAT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THE RULES AND REGULATIONS OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN O.C.G.A. SECTION 15-6-67. N/F P.I.D. #S18-02004000 ARCH-DENT PROPERTY HOLDING LLC DB 17430 PG 316 ISSUE: DATE T E W BC BC FOR DRAFTED BY: JWW CHECKED BY: MCB W OHE E OH T T Date LJAS4352-2601 T OHE G G OHE FOUND 1/2" REBAR 1.88' IN R/W OHE G SURVEYOR CERTIFICATION TO: APEX STOCKBRIDGE, LLC; CALLOWAY TITLE AND ESCROW, LLC; FARMERS AND MERCHANTS BANK & STEWART TITLE GUARANTY COMPANY THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 8, 13, 16, 17 AND 19 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED DURING THE MONTH OF OCTOBER OF 2025. 200' 01/09/2026 M. Chayce Bell, GA P.L.S. #3465 Date Know what's below. Call before you dig. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. 12 1 INCH = 100 FEET T PROJECT #: 11 100' WT T W G G OHE OHE W POSSIBLE GAS M. Chayce Bell, GA P.L.S. #3465 01/09/2026 W FOUND T W CONCRETE MONUMENT T G G 0' TELEPHONE PEDESTAL FO 10 W PROPOSED RIGHT OF WAY DEDICATION (SEE SHEET 2) 100' POLYVINYL CHLORIDE PIPE REINFORCED CONCRETE PIPE POINT OF COMMENCEMENT POINT OF BEGINNING STORM SEWER LINE SANITARY SEWER WATER LINE GAS LINE OVERHEAD ELECTRIC UNDERGROUND ELECTRIC PROPERTY LINE ADJACENT PROPERTY LINE FENCE SINGLE WING CATCH BASIN SURVEYOR CERTIFICATION IRON FENCE SUBJECT PROPERTY. RIGHT OF WAY AND EASEMENTS SHOWN HEREON. (n) Easements as contained in that certain QuitClaim Deed (right-of-way purposes) from Marion Power Geis to Georgia Department of Transportation, dated September 1, 1987, filed for record September 24, 1987 at 8:30 a.m., recorded in Deed Book 873, Page 126, aforesaid Records. DOCUMENT INCLUDES THE SUBJECT PROPERTY. RIGHT OF WAY BENCH AND FLAG POLE WATER SPIGOT HOUSE IPS OHE TELEPHONE MANHOLE TELEPHONE BOX LAND LOT IPS X FOUND 1" ROD W G DUCTILE IRON PIPE PVC RCP POC POB 9 FOUND 5/8" REBAR FENCE IPS ENCROACHES 0.7' X EASEMENT FOR DRIVEWAY CONST. DB 842 PG 318 WELL G DIP T G W EASEMENT FOR EASEMENT FOR CONST. AND MAINT. CONST. AND MAINT. OF SLOPES OF SLOPES DB 842 PG 318 DB 842 PG 318 DB 873 PG 126 WT G W EASEMENT FOR DRIVEWAY CONST. DB 873 PG 126 N/F P.I.D. #S1802001001 RAINFORD, CHALCIA DB 4428 PG 6 FENCE ENCROACHES 0.3' E FOUND CONCRETE MONUMENT FOUND 3/8" REBAR X FOUND 1/2" REBAR TT E T N/F P.I.D. #S1801017000 LEWIEL, PILAR C DB 10521 PG 317 T CONCRETE PAD SHED N/F P.I.D. #S1801019000 FOREST RESTAURANT INC DB 15712 PG 18 FOUND 1/2" REBAR T UNDERGROUND ELECTRIC & COMMUNICATIONS LINES (EASEMENT NOT PROVIDED AND PRESCRIPTIVE RIGHTS UNKNOWN) FOUND 5/8" REBAR GAS METER R/W MARKER W FOUND 1/2" REBAR SS FOUND 2" OPEN TOP PIPE N/F P.I.D. #S1802001000 RAINFORD, CHALCIA DB 12228 PG 145 OPEN TOP PIPE T IPS W N/F P.I.D. #S1801018000 AUSBAND, SARA C, ROBERT E JR, ANDREW C,& JOSEPH B DB 13626 PG 16 FOUND 1/2" REBAR T ON LINE G E FOUND 1/2" REBAR IPS CRIMP TOP PIPE OTP IRON PIN FOUND SHED ENCROACHES FOUND 1.7' 5/8" CAPPED T T E REBAR SS T SS T FOUND 1/2" REBAR G SHED ENCROACHES 4.2' FOUND ANGLE IRON CTP 8 SHED ENCROACHES 9.3' FENCE AND SHED ENCROACHES 8.3' T 1 REGULATORY FLOODWAY ELECTRIC METER OAK HILL MANOR TOWNHOME COMMUNITY ~PHASE 1~ PB 9 PG 276 T T HEREON and ZONE AE ELECTRIC BOX E T FIRE HYDRANT WATER METER SEWER MANHOLE UTILITY POLE GUY WIRE 9 T FOUND AXLE 8 ZONE X SHADED REV. 7: TRANSFORMER ENCROACHES 0.7' E 3 (3) Transformers crossing the easterly boundary line of subject property; SHOWN HEREON. W WATER VALVE 7 G 7 TELEPHONE PEDASTAL ENCROACHES 3.3' W HEREON. SIGN REV. 6: T 6 REV. 5: T 4 REV. 3: 01/24/2026 ATTORNEY COMMENTS OAK HILL MANOR TOWNHOME COMMUNITY ~PHASE 2~ PB 11 PG 153 5 INITIAL: T G 4 DESCRIPTION E UNDERGROUND TELEPHONE ELECTRIC AND GAS FOUND 2" OPEN TOP PIPE 15. Current property owner/Site address: OWNER: QMS ENTERPRISES LP ETAL PID: S18-02002005 ADDRESS: 4882 NORTH HENRY BOULEVARD 3 ALTA/NSPS LAND TITLE SURVEY 2 ~CLUB DRIVE S/D~ PB 2 PG 275 (1) Creek crossing the northwesterly boundary line of subject property; SHOWN HEREON. 14. At the time of the field survey there was no observable evidence of recent earth moving work, building construction, building additions, changes in right-of-way, or recent street and/or sidewalk repair. 01/09/2026 T G 1 APEX STOCKBRIDGE, LLC; CALLOWAY TITLE AND ESCROW, LLC; FARMERS AND MERCHANTS BANK & STEWART TITLE GUARANTY COMPANY This plat was prepared for the exclusive use of the person, persons, or entity named hereon. This plat does not extend to any unnamed person, persons, or entity without express written certification by the surveyor naming said person, persons, or entity. REV. 4: This plat has been calculated for closure and is found to be accurate within one foot in 463,136 feet. LAND LOT 60, 12TH DISTRICT CITY OF STOCKBRIDGE HENRY COUNTY, GEORGIA 7. LOCATED IN: 20' SSE & DE SS SS The field data upon which this plat is based was gathered using base and rover using multiple setups and duplicate observations on corners. The processed data has a horizontal position of less than .035'. The scale factor used to adjust the points to ground distances:1.00013253842905 13. LJA Surveying does not warrant the existence or nonexistence of any wetlands or hazardous wastes located on the Subject Property. T SS File Location:s:\sectors\survey\projects\ljas4356 (smith douglas homes)\2501 (north henry boulevard)\06 survey cad\north henry alta - with proposed rw 2026 TRANSFORMER ENCROACHES 1.9' G (m) Easement and limitation of access as contained in that certain Right of Way Deed from Opal Turpin Knowles, Charline Lane Turpin, and Mildred Newton Turpin to Department of Transportation, dated June 15, 1987, filed for record June 30, 1987 at 11:40 a.m., recorded in Deed Book 842, Page 318, aforesaid Records. DOCUMENT INCLUDES THE 6. 6 5 FOUND 1/2" REBAR North arrow and bearings shown hereon are based on GA West Zone - NAD83 adjusted 2011. Using Global Positional System (GPS) and obtained by RTK observations on 11-28-2023 using the Leica Smartnet System. All distances are horizontal ground measurements expressed in U.S. Survey Feet. 5 237, aforesaid Records. SHOWN HEREON. SS ESTABLISHES 40' RIGHT OF WAY OF CENTER STREET. DRAINAGE RIGHTS ARE APPARENTLY BLANKET IN NATURE. PLAT REFERENCED IN DEED NOT PROVIDED OR FOUND TO VERIFY LIMITS OF DRAINAGE RIGHTS. OTHER RESTRICTIONS MAY AFFECT PROPERTY. 5. 4 SS FOUND 1 1/2" OPEN TOP PIPE (p) All those matters as disclosed by that certain plat recorded in Plat Book 65, Page G (l) Drainage rights as contained in that certain Right of Way Deed from Mostok, Inc. to The City of Stockbridge, a political subdivision of the State of Georgia, dated March 28,1980, filed for record April 9, 1980 at 2:26 p.m., recorded in Deed Book 413, Page 22, aforesaid Records. The locations of underground utilities shown hereon are based on visible structures and maps and/or field located markings provided by LJA Surveying. and are approximate only. The property shown hereon may be served by underground utilities which are not shown hereon. LJA makes no warranties or claims that all utilities are marked or accurate. All Utility Companies should be contacted before beginning any design or construction. LJS Surveying report can be provided upon request 11. This survey is not valid without the Original Signature and Seal of a Georgia Licensed Surveyor. SS SS SS PROPERTY - PROPERTY IS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. 4. 12. There was no observable evidence of Human Burials or Cemeteries on Subject Property at the time of the field Survey. SS (k) Right of Way Easement from Mrs. J. T. Mays, Jr. to State Highway Department of Georgia, dated March 10, 1970, filed for record May 4, 1970 at 4:30 p.m., recorded in Deed Book 112, Page 256, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT According to the Flood Insurance Rate Map (FIRM) for Henry County, Georgia, (Community-panel number 13151C0086D, dated October 6, 2016), a portion of the property lies within the following zones: Zone X, Zone X Shaded, Zone AE, and Regulatory Floodway with BFE. 10. State, County, and Local buffers and setbacks might exist on the subject property that are not shown hereon. FOUND 1/2" REBAR T TOUCH SUBJECT PROPERTY - PROPERTY LIES WITHIN "BRUSHY CREEK" GMD 622. THE CITY OF STOCKBRIDGE LIES WITHIN GMD 775. FOUND 5/8 REBAR SS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. 4 6 (i) Easement and drainage rights as contained in that certain Right-of-Way Deed from Mrs. Miriam Dodd Mays to State Highway Department of Georgia, dated September 26, 1969, filed for record October 9, 1969 at 4:15 p.m., recorded in Deed Book 108, Page 313, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT PROPERTY- PROPERTY IS (j) Right-of-Way Easement from B.R. Turpin to Snapping Shoals Electric Membership Corporation, a corporation, dated March 31, 1938, filed for record February 19, 1970 at 10:00 a.m., recorded in Deed Book 110, Page 441, aforesaid Records. DOES NOT LIE UPON OR 3. 8. Equipment used for measurement: GPS: Leica GS18 GPS Base and Rover Receivers 5 IS LOCATED SOUTHWEST AND ACROSS THE STREET FROM THE SUBJECT PROPERTY. NOT LIE UPON OR TOUCH SUBJECT PROPERTY - PROPERTY IS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. The property shown hereon is subject to all easements and restrictions of record both written and unwritten. 3 7 3 (g) Easement from J. T. Mays, Jr. to Georgia Power Company, dated May 15, 1947, recorded (8) Twenty (20') foot sanitary sewer easement crossing the easterly boundary line of subject October 10, 1947, recorded in Deed Book 38, Page 535, aforesaid Records. DOCUMENT property. SHOWN HEREON. IS VAGUE AND MAY OR MAY NOT INCLUDE THE SUBJECT PROPERTY. (r) Any security interest created at closing. (h) Easement as contained in that certain Right-of-Way Easement (Detour) from Miriam Dodd Mays to State Highway Department of Georgia, dated September 26, 1969, filed for record October 9, 1969 at 4:15 p.m., recorded in Deed Book 108, Page 312, aforesaid Records. DOES 2. 9. FOUND 1 " IRON ROD S18-01019000. PROPERTY - PROPERTY IS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. ~TURNING POINT S/D~ PB 26 PG 45 8 X ~CLUB DRIVE S/D~ PB 2 PG 275 (f) Drainage rights as contained in that certain Right-of-Way Deed from J.T. Mays to State Highway (6) Sheds crossing the easterly boundary lines of subject property; SHOWN HEREON. Board of Georgia, dated July 5, 1927, recorded August 2, 1927, recorded in Deed Book 23, Page 288, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT (7) Overhead electrical lines crossing the westerly boundary line of subject property; SHOWN NOLAN STREET 6 37 7 (c) Riparian rights incident to the premises. (4) Telephone pedestal crossing the easterly boundary lines of subject property; SHOWN (d) Rights of tenants in possession under unrecorded leases. HEREON. (e) Drainage rights as contained in that certain Right-of-Way Deed from J.T. Mays to State Highway Board of Georgia, dated July 5, 1927, recorded August 2, 1927, recorded in Deed Book 23, (5) Underground telephone, electrical and gas lines crossing the easterly and southeasterly Page 287, Records of Henry County, Georgia. DOES NOT LIE UPON OR TOUCH boundary lines of subject property; SHOWN HEREON. SUBJECT PROPERTY - PROPERTY IS WEST OF SUBJECT PROPERTY PID# N HENRY BOULEVARD All easements and rights of way of which the surveyor has knowledge are shown hereon; others may exist of which the surveyor has no knowledge and of which there is no observable evidence. 9 36 (2) Fences crossing the easterly and southeasterly boundary lines of subject property; SHOWN 2 FENCE ENCROACHES 29.0' SS 3. Special Exceptions: (a) All taxes for the year 2026 and subsequent years, not yet due and payable. (b) Any and all unpaid water bills associated with subject property. NOTE: The above item may be removed or modified upon further examination. 763.6 SS (q) Those matters as shown on that certain survey entitled "ALTA/NSPS Land Title Survey To: FORESTAR (USA) REAL ESTATE GROUP & STEWART Title Insurance Company", prepared by LJA Surveying Inc., bearing the seal and certification of Michael C. Bell, Georgia Registered Land Surveyor No. 3465, dated February 23, 2024, last revised 2024, being designated as Project No. LJAS4283-2301, as follows: D 1. 11 SS FENCE ENCROACHES 22.4' SS 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the public records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I Requirements are met. 2. Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Taxes or special assessments which are not shown as existing liens by the public records. 1 13 SS .6 763 T W AND EASEMENTS SHOWN HEREON. LEVA R SURVEY NOTES 10 OHE 8 BOU W BURKE STREET BURKE STREET SS .6 763 35 SS SITE 12 OHE T PARKWOOD DRIVE 14 ZONE X SHADED CLUB PLACE VICINITY MAP - NOT TO SCALE ZONE X SHADED 15 ZONE X SHADED 34 33 SS SS ZONE AE DAVIS ROAD 17 FOUND 1/2 " OPEN TOP PIPE ~CLUB DRIVE S/D~ PB 2 PG 275 (o) Limitation of access and easement as contained in that certain Right of Way Deed from Mildred Newton Turpin to Department of Transportation, dated September 4, 1987, filed for record September 21, 1987 at 8:35 a.m., recorded in Deed Book 873, Page 144, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT PROPERTY - PROPERTY OLD A NT ATLA AD RO 16 ZONE AE SURVEYOR COMMENTS AS TO THOSE SCHEDULE B-II TITLE EXCEPTIONS AS SHOWN ON THAT COMMITMENT FOR TITLE INSURANCE BY STUART TITLE GUARANTY COMPANY HAVING A COMMITMENT NUMBER: 2-45050(R) AND A COMMITMENT DATE OF DECEMBER 03, 2025 AT 5:00PM. NRY APPROXIMATE LAND LOT LINE REGULATORY FLOODWAY N/F P.I.D. #S18-01001000 LONDON, SHIRLEY E DB 528 PG 341 N HE BURKE STREET DAVIS ROAD DRIVE ZONE AE FOUND AXLE CREEK CIRCLE CLUB DRIVE R TE CLUB CIRCLE N CE CLUB AD S RO FOUND 5/8 REBAR UB CL CLE CIR D SHIEL SS FB L FOUND 1/2 " OPEN TOP PIPE APPROXIMATE LAND LOT LINE THIS BLOCK RESERVED FOR THE CLERK OF THE SUPERIOR COURT. O INE CR EK CRE LE CIRC GRID NORTH GEORGIA WEST STATE PLANE NAD 83 (2011) SS SH RU N/F P.I.D. #S18-02024000 CITY OF STOCKBRIDGE DB 4171 PG 168 K EE CLUB E CIRCL CLUB CIRCLE REGULATORY FLOODWAY Q Phone 713.953.5200 LSF No. 1390 M 4525 SOUTH LEE STREET BUFORD, GA 30518 L NORTH HENRY TRACT K J REV. 2: 01/14/2026 ATTORNEY COMMENTS I REV. 1: 01/13/2026 SCHEDULE B-II ANSWERS & RIGHT-OF-WAY WIDTH H G TYE STREET F TURNING POINT E OAK HILL TERRACE D McCAIN CREEK TRAIL C BOW STR EN EET B BEACON STREET A COPYRIGHT 2026 LJA SURVEYING INC NO REPRODUCTION SHALL BE MADE WITHOUT THE PRIOR WRITTEN CONSENT OF LJA SURVEYING INC SHEET NO: 1 OF 2 E F G H I J K L M N P O Q 2 4525 SOUTH LEE STREET BUFORD, GA 30518 Phone 713.953.5200 LSF No. 1390 1 OHE 6 ALTA/NSPS LAND TITLE SURVEY 5 Proposed Right Of Way Dedication A parcel of land lying in Land Lot 60 of the 12th Land District, City of Stockbridge, Henry County, Georgia and being more particularly described as follows: INITIAL: ISSUE: DATE REV. 1: 01/13/2026 SCHEDULE B-II ANSWERS & RIGHT-OF-WAY WIDTH DESCRIPTION Said parcel contains 7,712 square feet, or 0.177 acres. 9 10 DRAFTED BY: JWW CHECKED BY: MCB PROJECT #: LJAS4352-2601 11 Know what's below. Call before you dig. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. 12 File Location:s:\sectors\survey\projects\ljas4356 (smith douglas homes)\2501 (north henry boulevard)\06 survey cad\north henry alta - with proposed rw 2026 8 Thence leaving said TRUE POINT OF BEGINNING, run southwesterly along the arc of a curve having a radius of 11504.16 feet, a central angle of 01 Degrees 40 Minutes 10 Seconds, a chord bearing of South 89 Degrees 33 Minutes 10 Seconds West a chord distance of 335.18 feet, and along the arc of said curve and said right-of-way for a distance of 335.19 feet to a point; Thence run South 88 Degrees 43 Minutes 05 Seconds West for a distance of 143.22 feet to a point; Thence leaving said right-of-way run North 62 Degrees 25 Minutes 19 Seconds East for a distance of 28.22 feet to a point; Thence run North 88 Degrees 43 Minutes 05 Seconds East for a distance of 80.81 feet to a point; run thence northeasterly on a curve having a radius of 7.50 feet, a central angle of 47 Degrees 53 Minutes 16 Seconds, a chord bearing of North 64 Degrees 46 Minutes 28 Seconds East a chord distance of 6.09 feet, and along the arc of said curve for a distance of 6.27 feet to a point; run thence northeasterly along the arc of a curve having a radius of 24.50 feet, a central angle of 48 Degrees 12 Minutes 56 Seconds, a chord bearing of North 64 Degrees 56 Minutes 18 Seconds East a chord distance of 20.01 feet, and along the arc of said curve an arc distance of 20.62 feet to a point; Thence run North 89 Degrees 02 Minutes 46 Seconds East for a distance of 65.43 feet to a point; Thence run North 89 Degrees 02 Minutes 46 Seconds East for a distance of 123.42 feet to a point; Thence run South 75 Degrees 01 Minutes 04 Seconds East for a distance of 52.10 feet to a point; Thence run North 89 Degrees 46 Minutes 29 Seconds East for a distance of 83.96 feet to a point; Thence run South 68 Degrees 34 Minutes 12 Seconds East for a distance of 27.72 feet to the TRUE POINT OF BEGINNING. 7 Commence at a found concrete monument at the intersection of the westerly right of way of Center Street (40' public right of way) and the northerly right of way of North Henry Boulevard (80' public right of way), thence run North 89 Degrees 20 Minutes 26 Seconds West along said northerly right of way of North Henry Boulevard for a distance of 90.76 feet to a set 5/8” capped rebar (L.S.F #1390); thence run North 89 Degrees 35 Minutes 16 Seconds West along said right-of-way for a distance of 9.89 feet to a point being the TRUE POINT OF BEGINNING; REV. 3: 01/24/2026 ATTORNEY COMMENTS OHE G NORTH HENRY TRACT OHE G T REV. 2: 01/14/2026 ATTORNEY COMMENTS BUILDING X G W T LOCATED IN: W OHE OHE TW OH E OHE W G G G G T W W OHE E OH T OHE 01/09/2026 BC E OH W 4 WT IRON FENCE E OH Said parcel contains 678,640 square feet, or 15.579 acres. TW W E OH Said parcel contains 678,640 square feet, or 15.579 acres. OHE T Thence leaving said TRUE POINT OF BEGINNING and run thence westerly along a curve having a radius of 11,504.16 feet, a central angle of 01 degrees 43 minutes 07 seconds, chord bearing of South 89 degrees 34 minutes 39 seconds West a chord length of 345.07 feet , and along the arc of said curve and said right of way of North Henry Boulevard (variable public right of way) for an arc distance of 345.08 feet to a point; thence run South 88 degrees 43 minutes 05 seconds West along said right-of-way for a distance of 149.14 feet to a set 5/8” capped rebar (L.S.F #1390); Thence leaving said right-of-way run North 00 degrees 35 minutes 07 seconds East for a distance of 242.73 feet to found 5/8" rebar; thence run North 00 degrees 25 minutes 55 seconds East for a distance of 147.06 feet to a set 5/8” capped rebar (L.S.F #1390); Thence run North 88 degrees 16 minutes 15 seconds West for a distance of 113.63 feet to a found angle iron; thence run North 00 degrees 58 minutes 11 seconds East for a distance of 175.98 feet to a found axle; thence run North 00 degrees 59 minutes 58 seconds East for a distance of 194.50 feet to a found 2” open top pipe; Thence run North 00 degrees 43 minutes 22 seconds East for a distance of 99.74 feet to a found 1 1/2" open top pipe; Thence run North 00 degrees 31 minutes 28 seconds East for a distance of 118.41 feet to found 1” rod; thence run North 00 degrees 41 minutes 12 seconds East for a distance of 521.49 feet to a found 1/2" open top pipe; thence run North 00 degrees 03 minutes 10 seconds West for a distance of 55.55 feet to a found 1/2" open top pipe; thence run South 88 degrees 56 minutes 26 seconds East for a distance of 399.83 feet to a found axle; thence run South 00 degrees 45 minutes 47 seconds West for a distance of 1,158.71 feet to a found 1/2" rebar; thence run South 87 degrees 24 minutes 31 seconds East for a distance of 207.77 feet to a found 3/8” rebar; thence run North 89 degrees 36 minutes 08 seconds East for a distance of 124.09 feet to a found 5/8” capped rebar lying on the westerly right of way of Center Street (40' public right of way); run thence south westerly along a curve having a radius of 406.21 feet, a central angle of 28 degrees 24 minutes 14 seconds, chord bearing of South 05 degrees 22 minutes 57 seconds West a chord length of 199.32 feet, along the arc of said curve and said right of way for an arc distance of 201.37 feet to a set 5/8” capped rebar (L.S.F. #1390); thence leaving said right of way run North 89 degrees 57 minutes 17 seconds West for a distance of 106.88 feet to a set 5/8” capped rebar (L.S.F. #1390); thence run South 00 degrees 22 minutes 03 seconds West for a distance of 180.01 feet to the TRUE POINT OF BEGINNING. E W 3 X WATER SPIGOT HOUSE G OHE Commence at a found concrete monument at the intersection of the westerly right of way of Center Street (40' public right of way) and the northerly right of way of North Henry Boulevard (variable public right of way), thence run North 89 degrees 20 minutes 26 seconds West along said right of way for a distance of 90.76 feet to set 5/8” capped rebar (L.S.F #1390) and the TRUE POINT OF BEGINNING. BENCH AND FLAG POLE OHE Thence leaving said POINT OF BEGINNING along a curve to the left, said curve having a radius of 11,504.16 feet, a central angle of 01 degrees 43 minutes 07 seconds, chord bearing of South 89 degrees 34 minutes 39 seconds West, and a chord length of 345.07 feet, thence run along the arc of said curve and said right of way of North Henry Boulevard (80' public right of way) for a distance of 345.08 feet to a point; thence run South 88 degrees 43 minutes 05 seconds West along said right-of-way for a distance of 149.14 feet to a set 5/8” capped rebar (L.S.F #1390); Thence leaving said right-of-way run North 00 degrees 35 minutes 07 seconds East for a distance of 242.73 feet to found 5/8" rebar; thence run North 00 degrees 25 minutes 55 seconds East for a distance of 147.06 feet to a set 5/8” capped rebar (L.S.F #1390); Thence run North 88 degrees 16 minutes 15 seconds West for a distance of 113.63 feet to a found angle iron; thence run North 00 degrees 58 minutes 11 seconds East for a distance of 175.98 feet to a found axle; thence run North 00 degrees 59 minutes 58 seconds East for a distance of 194.50 feet to a found 2” open top pipe; Thence run North 00 degrees 43 minutes 22 seconds East for a distance of 99.74 feet to a found 1 1/2" open top pipe; Thence run North 00 degrees 31 minutes 28 seconds East for a distance of 118.41 feet to found 1” rod; thence run North 00 degrees 41 minutes 12 seconds East for a distance of 521.49 feet to a found 1/2" open top pipe; thence run North 00 degrees 03 minutes 10 seconds West for a distance of 55.55 feet to a found 1/2" open top pipe; thence run South 88 degrees 56 minutes 26 seconds East for a distance of 399.83 feet to a found axle; thence run South 00 degrees 45 minutes 47 seconds West for a distance of 1,158.71 feet to a found 1/2" rebar; thence run South 87 degrees 24 minutes 31 seconds East for a distance of 207.77 feet to a found 3/8” rebar; thence run North 89 degrees 36 minutes 08 seconds East for a distance of 124.09 feet to a set 5/8” capped rebar (L.S.F. #1390) lying on the westerly right of way of Center Street (40' public right of way); said point lying on a curve to the right, said curve having a radius of 406.21 feet, a central angle of 28 degrees 24 minutes 14 seconds, chord bearing of South 05 degrees 22 minutes 57 seconds West, and a chord length of 199.32 feet, thence run along the arc of said curve and said right of way for a distance of 201.37 feet to a set 5/8” capped rebar (L.S.F. #1390); thence leaving said right of way run North 89 degrees 57 minutes 17 seconds West for a distance of 106.88 feet to a set 5/8” capped rebar (L.S.F. #1390); thence run South 00 degrees 22 minutes 03 seconds West for a distance of 180.01 feet to the POINT OF BEGINNING. A parcel of land lying in Land Lot 60 of the 12th Land District, City of Stockbridge, Henry County, Georgia and being more particularly described as follows: G Commence at a found concrete monument at the intersection of the westerly right of way of Center Street (40' public right of way) and the northerly right of way of North Henry Boulevard (80' public right of way), thence run North 88 degrees 04 minutes 52 seconds West along said right of way for a distance of 90.76 feet to set 5/8” capped rebar (L.S.F #1390), said point being the POINT OF BEGINNING, of the parcel herein described. As Surveyed - Legal Description (Overall) T th Land District, Henry County, Georgia and being A parcel of land lying in Land Lot 60 of the 12 more particularly described as follows: SHED Title - Legal Description LAND LOT 60, 12TH DISTRICT FOR CITY OF STOCKBRIDGE SHEPCO PAVING, INC; CALLOWAY TITLE & ESCROW, LLC, & STEWART TITLE GUARANTY COMPANY HENRY COUNTY, GEORGIA THIS BLOCK RESERVED FOR THE CLERK OF THE SUPERIOR COURT. REV. 7: D REV. 6: C REV. 5: B REV. 4: A COPYRIGHT 2026 LJA SURVEYING INC NO REPRODUCTION SHALL BE MADE WITHOUT THE PRIOR WRITTEN CONSENT OF LJA SURVEYING INC SHEET NO: 2 OF 2 1 TO: Stockbridge Mayor and City Council Stockbridge Planning Commission FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division CC: Ryan Anderson, Community Development Director Veronica Green, Chief Planner DATE: August 20, 2026 SUBJECT: Staff Report for Zoning Modification Case #ZM-2026-03 for 4882 North Henry Boulevard (Council District 4). _______________________________________________________________________ PURPOSE The applicant for ZM-2026-03, Aaron Rissler of Apex Stockbridge, LLC (represented by Sara Shirk of Falcon Design), proposes building a revised townhome development with 90 units at 4882 North Henry Boulevard. The applicant is requesting the approval of a major zoning modification from Ordinance #RZ-2023-10, which was approved on February 12, 2024, to allow for the approval of a revised site plan, and to request the removal of five (5) of the twelve (12) zoning conditions that were required as part of the approval of RZ-2023-10. The purpose of Rezoning Case #RZ-2023-10 was to rezone the property to MFR (Multiple Family Residential). Two other associated cases were also approved on the same date. They were Comprehensive Plan Amendment Case #CP-2023-09 (which changed the property’s future land use designation to Medium-Density Residential) and Variance Case #VR-2023-06 (which granted a variance to reduce the front yard setbacks of the proposed townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet). The previous applicant for CP-2023-09, RZ-2023-10, and VR-2023-06 was Forester (USA) Real Estate Group, Inc., represented by J. Alexander Brock of Smith, Gambrell, & Russell, LLP. The approved 90-unit townhome development was not built, and the property was later sold to a new owner, Apex Stockbridge, LLC. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 2 Before the property was sold, the previous applicant filed a recombination application for the five (5) parcels which originally comprised the 15.601 +/- acres of the subject property at the time when RZ-2023-10 was approved. The parcels are listed below, and they are shown on the Vicinity Map and Aerial Photograph Showing Five Parcels. The recombination plat was approved by the Community Development Staff, and it was recorded in the Henry County Superior Court on August 13, 2024, as is shown below. 1. 4844 North Henry Boulevard (Parcel #S18-02003000) -- Contained 1.20 +/- acres. 2. 4882 North Henry Boulevard (Parcel #S18-02002005) -- Contained 1.09 +/- acres. 3. 4900 North Henry Boulevard, first tract (Parcel #S18-02002000) -- Contained 10.62 +/acres. 4. 4900 North Henry Boulevard, second tract (Parcel #S18-02002006) -- Contained 2.21 +/acres. 5. Parcel on Center Street with No Address (Parcel #S18-02004009) -- Contained 0.56 +/acres. Now, Apex Stockbridge, LLC proposes building a townhome development with 90 units according to a revised site plan which would include the removal of five (5) zoning conditions that were required as part of the approval of RZ-2023-10. They are listed below, with the same numbering as is on the approved ordinance for RZ-2023-10. The zoning and future land use designation of the property would not change. The property contains 15.601 +/- acres within the Stockbridge City Limits. 1. Site Plan—The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled, “North Henry Townhomes: Forestar Zoning Plan”, which was prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23. [Note: The site plan showed the provision of a swimming pool and a clubhouse.] 4. Waste Collection—A consolidated waste collection system shall be used, with no individual waste receptacles being permitted. 5. Architectural Design: a. All townhome units shall have brick on at least three sides. [The applicant requests a replacement condition stating that the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting.] b. [No change.] ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 3 c. This shall be a gated community. 6. Rental Units—No more than 10 percent of the townhome units may be rented at any one time. VICINITY MAP—Showing the Original Five Parcels ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 4 AERIAL PHOTOGRAPH SHOWING FIVE ORIGINAL PARCELS ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 5 RECORDED PLAT FOR THE FIVE ORIGINAL PARCELS COMPRISING 4882 NORTH HENRY BOULEVARD Recorded on August 13, 2026 in Henry County Superior Court ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 6 CASE FACTS CHARACTERISTIC FINDINGS Proposed Development: Townhome development with 90 units. Applicant: Aaron Rissler of Apex Stockbridge, LLC (represented by Sara Shirk of Falcon Design). 4882 North Henry Boulevard. Site Address: Parcel ID and Acreage: Owner: Property Location: Current Use: Surrounding Uses: Existing Zoning: Surrounding Zoning: Existing and Proposed Future Land Use Designation: Surrounding Future Land Use Designations: Property Conditions: Parcel #S18-02002005. Has 15.601 +/- acres. Apex Stockbridge, LLC. North side of North Henry Boulevard and west side of Center Street. A former funeral home and garage apartment at 4844 and 4882 North Henry Boulevard, plus vacant land to the north. ~ North—Vacant land. ~ West—Stockbridge Tae Kwon Do Academy and the Club Drive Subdivision. ~ East—Holly Salon and Ameris Bank. ~ South—North Henry Boulevard. ~ Northeast—Oak Hill Manor and Turning Point subdivisions. MFR (Multiple Family Residential) and PMU (Parkway Mixed-Use Overlay District). OI to the west, SR to the north, and MFR to the east and northeast. MDR (Medium-Density Residential). Low-Density Mixed-Use to the west, MediumDensity Residential to the north, and Downtown District / Downtown Village Overlay District to the east. Site is mostly wooded, except for the structures along North Henry Boulevard. The rear of the property is bordered by Brush Creek and its floodplain. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 7 ZONING MAP FOR 4882 NORTH HENRY BOULEVARD ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 8 FUTURE LAND USE MAP FOR 4882 NORTH HENRY BOULEVARD ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 9 PREVIOUSLY-APPROVED DEVELOPMENT The townhome development that was approved for Forestar via RZ-2023-10 was based on a site plan which was entitled, “North Henry Townhomes: Forestar Zoning Plan, prepared by Atwell Group on 12/01/23, and received by the Planning and Zoning Staff on 12/04/23. It is shown below. A total of ninety (90) townhomes were to be built at a density of 5.769 units per acre. There were to be thirteen (13) townhome buildings, and all units were to have three bedrooms. Forestar was granted a variance via #VR-2023-06 to reduce the front yard setbacks of the townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet. The rezoning site plan showed the project entrance to be from North Henry Boulevard, with internal streets leading to two cul-de-sacs. An emergency access would also be provided at the rear of the property to connect with Club Place to the west. The amenities were to be located near the front of the property, and they were to include a pool, a clubhouse, a dog park, and a mail kiosk. A total of 316 parking spaces were to be provided. The site was to have thirty (30) percent open space, and a twenty-five (25)-foot zoning buffer was to surround the property. A traffic impact study was prepared by KCI Technologies, Inc. in December 2023, entitled, “North Henry Residential Development: Traffic Impact Study.” It concluded that traffic service levels at the project entrance would be acceptable upon the project buildout, and it recommended the installation of a westbound deceleration lane at the project entrance. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 10 PREVIOUSLY-APPROVED REZONING SITE PLAN, PER RZ-2023-10 “North Henry Townhomes: Forestar Zoning Plan”, prepared by Atwell Group on 12/01/23, (Received by the Planning and Zoning Staff on 12/04/23) ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 11 REZONING SITE PLAN, ENLARGED ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 12 PREVIOUSLY-APPROVED ADMINISTRATIVE ZONING MODIFICATION Forestar submitted an administrative zoning modification application on September 19, 2024 in response to the Community Development Department’s notification that it would be needed due to differences between Forestar’s submitted land disturbance permit site plan and the rezoning site plan from RZ-2023-10. In its Letter of Intent, Forestar explained that the site plan changes were in direct response to the additional twelve (12) zoning conditions which the City Council added during the public hearing for RZ-2023-10. That is, Forestar made changes to the rezoning site plan to incorporate and comply with the new conditions. These included the inclusion of a gates at the project entrance, the conversion of all townhomes to two-car units, the provision of a community dumpster, and the addition of a 10-foot-wide concrete walking path along the front of the development. PROPOSED DEVELOPMENT A major zoning modification application was received by the Community Development Department from Falcon Design, on behalf of Apex Stockbridge, LLC, on July 10, 2026. The Letter of Intent stated that the purpose of the application was to “better align the project with current market demands, modern infrastructure standards, and long-term community viability.” A new site plan was presented, and the applicant also requested the removal of five of the zoning conditions from RZ-2023-10. The same number of townhomes—ninety (90)—are being proposed as were approved via RZ-2023-10. The applicant obtained a water and sewer availability letter from the City’s Public Works Department, dated January 26, 2026. It stated that “the existing wastewater collection system has sufficient capacity to support the requested sanitary sewer flows. However, the water capacity will be contingent upon the results of the future flow test to be performed by the owner / developer.” Applicant’s Requested Removal of Five Zoning Conditions. The applicant has requested the removal of five (5) of the zoning conditions from RZ-2023-10, as follows: • Amenity Requirements: We request the removal of the condition requiring a community pool and clubhouse. Eliminating these high-maintenance features will lower future Homeowners Association (HOA) dues, making these homes more accessible and financially sustainable for residents. [Included on the rezoning site plan.] • Waste Collection System: We request the removal of the central dumpster requirement. In its place, ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 13 we propose individual, curbside roll-out waste collection for each townhome unit, which provides a cleaner, more traditional residential aesthetic and eliminates a central source of odor ad debris. [Zoning Condition #4 from RZ-2023-10.] • Rental Restrictions: We request the removal of the condition prohibiting the townhomes from being rented. Lifting this restriction provides property owners with necessary financial flexibility and meets the growing demand for diverse housing options within the City of Stockbridge. [Zoning Condition #6 from RZ-2023-10.] • Gated Community Requirement: We request the removal of the condition requiring that the community be gated. This requirement puts a large HOA fee burden on homeowners to finance the ongoing maintenance of the roads and curbs throughout the subdivision. [Zoning Condition #5c from RZ-2023-10.] • Architectural Design – Three Sides Brick: We request the removal of the condition requiring three sides brick and replace it with a condition stating the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. [Zoning Condition #5a from RZ-2023-10.] Applicant’s Proposed Site Plan. The applicant’s proposed site plan, entitled, “Zoning Modification Concept Plan for Bridgeview Townhomes”, was prepared by Falcon Design on July 1, 2026 as Project Number 594.001 and is shown below. It was received by the Planning & Zoning Office on July 11, 2026, then a revision was received on July 22, 2026. The proposed site plan does not show the required 10-foot walking path along North Henry Boulevard, nor the entrance gate. The two cul-de-sacs are no longer provided. The street adjacent to Lot 82 end abruptly, with no turnaround room provided next to Center Street. This will need to be corrected. The pool and clubhouse were eliminated, per one of the applicant’s requests. The amenities to be provided include a dog park, a playground, and a cabana. And no central dumpster is shown because the applicant is requesting to use individual curbside trash receptacles instead. The zoning modification site plan shows that many of the townhome buildings would have more than six units, which conflicts with Section 4.4.4(C)(1) of the Stockbridge Unified Development Code (UDC), which allows a maximum of only six (6) units per townhome building within the MFR zoning district. In addition, the townhome lots only have front yard setbacks of twentyfive (25) feet. This conflicts not only with the variance which the previous applicant obtained via VR-2023-06 for 30 feet, but also with the current MFR district requirement. This will need to be corrected, or the applicant will need to seek a new variance. Shown below is the applicant’s rendering of a sample townhome building. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 14 Following the site plan, a table portrays the key differences between the rezoning site plan from RZ-2023-10 and the proposed zoning modification site plan for ZM-2026-03. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 15 SITE PLAN FOR ZM-2026-03 FOR BRIDGEVIEW TOWNHOMES: “Zoning Modification Concept Plan for Bridgeview Townhomes”, prepared by Falcon Design on July 10, 2026 as Project Number 594.001; received on August 11, 2026 ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 16 SITE PLAN ENLARGEMENT ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 17 TABLE OF KEY DIFFERENCES BETWEEN THE APPROVED REZONING SITE PLAN (PER RZ-2023-10) AND THE PROPOSED ZONING MODIFICATION SITE PLAN 1 90 townhome units. 2 Entrance gate. ELEMENTS FROM THE PROPOSED ZONING MODIFICATION SITE PLAN 90 townhome units. No entrance gate. 4 Two cul-de-sac streets. 5 Pool and clubhouse. No cul-de-sac streets. No pool or clubhouse. 6 Some townhome buildings with eight or more units per building. Many townhome buildings with eight or more units per building. 7 Central dumpster. No central dumpster. # ELEMENTS FROM THE REZONING SITE PLAN, PER RZ-2023-10 COMMENTS Same. Applicant requests the elimination of the gate to reduce HOA homeowner costs. The internal streets would be public streets, to be maintained by the City. Eliminated. Eliminated. The applicant requests their elimination to save on homeowners’ HOA fees. Although Section 2.4.4(C)(1) of the current UDC specifies the maximum number of units per building in the MFR district as being six (6), the original application for RZ2023-10 was submitted under a previous UDC. Applicant requests the use of individual curbside trash receptables instead of a dumpster. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 18 SAMPLE RENDERING OF A PROPOSED TOWNHOME BUILDING ANALYSIS OF APPLICANT’S REQUESTS 1. Site Plan--The applicant’s proposed site plan, entitled, “Zoning Modification Concept Plan for Bridgeview Townhomes”, was prepared by Falcon Design on July 1, 2026 as Project Number 594.001, revised, and received by the Planning & Zoning Office on July 22, 2026. Although many of the buildings would have eight (8) units, compared with the current UDC’s maximum of six (6) units for the MFR District, this is allowable since the original rezoning application for 4882 North Henry Boulevard (RZ-2023-10) was submitted under a previous UDC. The proposed site plan is therefore acceptable. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 19 2. Amenity Requirements (from the RZ-2023-10 Site Plan)—The applicant has requested the removal of the pool and clubhouse that were shown on the rezoning site plan. The proposed development would have only 90 units. This is fewer than the 100-unit threshold which Section 14.9(C) of the UDC identifies as requiring a pool within a subdivision. This request is therefore reasonable. Also, the inclusion of pool and clubhouse was not cited as a zoning condition for RZ-2023-10. Rather, they were just shown on the rezoning site plan. This request is therefore acceptable. 3. Waste Collection System (from Zoning Condition #4 from RZ-2023-10)—The applicant requested the removal of the central dumpster requirement, and proposes using individual, curbside roll-out receptacles for each townhome unit. Again, since only 90 units would be built, this request seems reasonable. Further, not having a dumpster would reduce the burden on adjacent communities from excess dumpster waste. This request is therefore acceptable. 4. Rental Restrictions (from Zoning Condition #6 from RZ-2023-10)—The applicant requested the removal of the condition prohibiting the townhomes from being rented. This is not accurate because Zoning Condition #RZ-2023-10 allowed 10 percent of the units to be rented. However, removing this condition entirely is not reasonable because the surrounding area consists of fee simple properties rather than rental properties, and the City of Stockbridge wishes to maintain the stability of the neighborhood. While the City is not supportive of removing rental restrictions entirely, the City is willing to modify the condition to allow rentals up to a maximum of 20 percent of the total dwelling units within the development. The HOA shall be responsible for monitoring and enforcing compliance with this cap. This request is therefore partially acceptable. 5. Gated Community Requirement (from Zoning Condition #5c from RZ-2023-10).—The applicant requests the removal of the condition requiring that the community be gated. This request is reasonable due to the fact that fewer than 90 townhome units would be built. In addition, it is desirable to prevent any traffic backups into North Henry Boulevard which the presence of entrance gates might cause. Without the gates, the City of Stockbridge would own and maintain the internal streets as public streets. This request is therefore acceptable. 6. Architectural Design – Three Sides Brick—(from Zoning condition #5a from RZ-202310). The applicant requests the removal of the condition requiring three sides brick and replace it with a condition stating the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. However, this would conflict with the requirement of Section 4.4.4(C) of the UDC, which states that all buildings (including townhomes) within the MFR district be at least 75 percent brick or stone ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 20 on all four facades. In fact, the zoning condition was less restrictive than the Section 4.4.4(C) requirement. The applicant’s proposed rendering with facades having substantial non-brick portions is not acceptable. However, The City will recommend approval of a modification to the exterior material requirement. In lieu of the previously required three-sided brick standard, the townhomes shall provide a minimum of 75 percent brick or brick veneer on the front facades and end-cap units, with architectural elevations being substantially consistent with the renderings that were presented to the Mayor and City Council. The final design details should be subject to staff review and approval during the permitting process. This request is therefore partially acceptable. CONCLUSIONS The applicant has submitted a zoning modification site plan which differs somewhat from the rezoning site plan from RZ-2023-10, and the applicant has also requested the removal of five of the zoning conditions from RZ-2023-10. As was mentioned above, the site plan is acceptable. Regarding the requests for the removal of five of the zoning conditions from RZ-2023-10, three of them are reasonable and should be granted. These include the removals of the requirements for the inclusions of a pool and clubhouse, entrance gates, and a central dumpster. The request for the removal of the rental restriction is partially acceptable, and the City is willing to increase the allowable percentage of rental units on the property from 10 percent (per RZ-2023-10) to 20 percent at one time. Regarding the applicant’s request to remove the requirement that the townhome buildings have three sides constructed of brick, this request is partially acceptable, with recommended alterations, as was explained above. Therefore, ZM-2026-03 should be partially approved. RECOMMENDATIONS Based on the previous analysis, Zoning Modification Case #ZM-2026-03 should be approved with the following ten (10) conditions: 1. Site Plan—The proposed development for ZM-2026-03 shall conform substantially to the applicant’s proposed site plan, entitled, “Zoning Modification Concept Plan for Bridgeview Townhomes”, as was prepared by Falcon Design on July 10, 2026 as Project Number 594.001, revised, and received by the Planning & Zoning Office on August 11, 2026. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 21 2. Rental Restrictions—No more than ten (20) percent of the total units may be rented at any one time. The HOA shall be responsible for monitoring and enforcing compliance with this cap. (Partial approval of applicant’s request.) 3. Architectural Design—Three Sides Brick—All townhome buildings shall have a minimum of 75 percent brick or brick veneers on the front facades and the end-cap units of the townhome buildings, with architectural elevations to be substantially consistent with the renderings that were presented to the Mayor and City Council. The final design details shall be subject to Staff review and approval during the permitting process. (Partial approval of applicant’s request.) 4. Amenities Requirements—The inclusion of a pool and a clubhouse within the townhome development shall not be required. (Approval of applicant’s request; removal of these items from the rezoning site plan from RZ-2023-10.) 5. Gated Community Requirement—The inclusion of entrance gates for the townhome development shall not be required, subject to the following: (Approval of applicant’s request; removal of Zoning Condition #5c from RZ-2023-10): a. All streets shall be publicly accessible and constructed to applicable City standards. b. The developer shall be responsible for coordinating with the City regarding the acceptance of roads and related infrastructure. c. Any private facilities and common areas shall be maintained by the HOA in accordance with the approved development plans and governing documents. 6. Waste Collection System—The inclusion of a central dumpster for the townhome development shall not be required. Instead, individual, curbside roll-out receptacles for each townhome unit may be used. (Approval of applicant’s request; removal of Zoning Condition #4 from RZ-2023-10.) 7. Two-Car Garages—All townhome units shall have two-car garages. (Emphasizing Condition #5b from RZ-2023-10.) 8. Remaining Conditions from RZ-2023-10—The developer shall comply with the remaining zoning conditions from RZ-2023-10. 9. Water Capacity—The owner / developer shall perform a “future flow test”, in compliance ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 22 with the Public Works letter from January 26, 2026, to determine whether sufficient water capacity exists to serve the proposed townhome development. In addition, the developer shall make any necessary improvements that are specified by Public Works. 10. Trailhead Donation—The property owner or developer shall donate the trailhead to the City of Stockbridge. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 08/20/26 1 4640 North Henry Boulevard Stockbridge, Georgia 30281 770.389.7900 TO: Stockbridge Mayor and City Council FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division CC: Ryan Anderson, Community Development Director Veronica Green, Chief Planner DATE: October 12, 2026 SUBJECT: Staff Report (Revised) for Zoning Modification Case #ZM-2026-03 for 4882 North Henry Boulevard (Council District 4) _______________________________________________________________________ PURPOSE The applicant for ZM-2026-03, Aaron Rissler of Apex Stockbridge, LLC (represented by Sara Shirk of Falcon Design), proposes a revised 90-unit townhome development at 4882 North Henry Boulevard. In the original application submitted on July 10, 2026, the applicant requested a major zoning modification to Ordinance #RZ-2023-10, approved February 12, 2024, to remove five (5) of the twelve (12) zoning conditions of that approval. The case was advertised on that basis. However, on September 16, 2026, the day before the September 17, 2026 Planning Commission meeting, the applicant revised the request to remove only two (2) of the conditions. These conditions govern the method of waste collection and the type of architectural facades, as discussed below. The purpose of Rezoning Case #RZ-2023-10 was to rezone the property to MFR (Multiple Family Residential). Two associated cases were approved on the same date: Comprehensive Plan Amendment Case #CP-2023-09 (which changed the property’s future land use designation to Medium-Density Residential) and Variance Case #VR-2023-06 (which granted a variance to reduce the front yard setbacks of the proposed townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet). The previous applicant for CP-2023-09, RZ-2023-10, and VR-202306 was Forestar (USA) Real Estate Group, Inc., represented by J. Alexander Brock of Smith, ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 2 Gambrell, & Russell, LLP. The approved 90-unit development was not built, and the property was later sold to Apex Stockbridge, LLC. Before the property was sold, the previous applicant filed a recombination application for the five (5) parcels that comprised the 15.601 +/- acre subject property when RZ-2023-10 was approved. The parcels are listed below and shown on the Vicinity Map and Aerial Photograph. (The parcel acreages are rounded figures from the Henry County Tax Assessors’ records; therefore, they do not equal the total shown on the survey of the combined tract.) The recombination plat was approved by Community Development staff and recorded in Henry County Superior Court on August 13, 2024, as shown below. 1. 4844 North Henry Boulevard (Parcel #S18-02003000) -- Contained 1.20 +/- acres. 2. 4882 North Henry Boulevard (Parcel #S18-02002005) -- Contained 1.09 +/- acres. 3. 4900 North Henry Boulevard, first tract (Parcel #S18-02002000) -- Contained 10.62 +/acres. 4. 4900 North Henry Boulevard, second tract (Parcel #S18-02002006) -- Contained 2.21 +/acres. 5. Parcel on Center Street with No Address (Parcel #S18-02004009) -- Contained 0.56 +/acres. Apex Stockbridge, LLC originally proposed a 90-unit townhome development that included the modification of five (5) zoning conditions of RZ-2023-10. These conditions are listed below, numbered as in the approved ordinance. The zoning and future land use designation of the property would not change. The property contains 15.601 +/- acres within the Stockbridge City Limits. 1. Site Plan—The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled, “North Henry Townhomes: Forestar Zoning Plan”, which was prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23. [Note: The site plan showed the provision of a swimming pool and a clubhouse.] 4. Waste Collection—A consolidated waste collection system shall be used, with no individual waste receptacles being permitted. 5. Architectural Design: a. All townhome units shall have brick on at least three sides. The applicant had requested a replacement condition stating that the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. The applicant now requests a ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 3 revised architectural condition; see Item 5 under “Analysis of Applicant’s Requests.” b. [No change.] c. This shall be a gated community. 6. Rental Units—No more than 10 percent of the townhome units may be rented at any one time. As noted above, the applicant’s revised Letter of Intent of September 16, 2026 limits the request to the modification of Condition #4 (waste collection) and Condition #5a (architectural design). These requests are discussed in the “Proposed Development” section of this report. VICINITY MAP—Showing the Original Five Parcels ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 4 AERIAL PHOTOGRAPH SHOWING FIVE ORIGINAL PARCELS ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 5 RECORDED PLAT FOR THE FIVE ORIGINAL PARCELS COMPRISING 4882 NORTH HENRY BOULEVARD Recorded on August 13, 2024, in Henry County Superior Court ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 6 CASE FACTS CHARACTERISTIC FINDINGS Proposed Development: Townhome development with 90 units. Applicant: Aaron Rissler of Apex Stockbridge, LLC (represented by Sara Shirk of Falcon Design). 4882 North Henry Boulevard. Site Address: Parcel ID and Acreage: Owner: Property Location: Current Use: Surrounding Uses: Existing Zoning: Surrounding Zoning: Existing and Proposed Future Land Use Designation: Surrounding Future Land Use Designations: Property Conditions: Parcel #S18-02002005; 15.601 +/- acres. Apex Stockbridge, LLC. North side of North Henry Boulevard and west side of Center Street. A former funeral home and garage apartment at 4844 and 4882 North Henry Boulevard, plus vacant land to the north. ~ North—Vacant land. ~ West—Stockbridge Tae Kwon Do Academy and the Club Drive Subdivision. ~ East—Holly Salon and Ameris Bank. ~ South—North Henry Boulevard. ~ Northeast—Oak Hill Manor and Turning Point subdivisions. MFR (Multiple Family Residential) and PMU (Parkway Mixed-Use Overlay District). OI to the west, SR to the north, and MFR to the east and northeast. MDR (Medium-Density Residential). Low-Density Mixed-Use to the west, MediumDensity Residential to the north, and Downtown District / Downtown Village Overlay District to the east. The site is mostly wooded, except for the structures along North Henry Boulevard. The rear of the property is bordered by Brush Creek and its floodplain. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 7 ZONING MAP FOR 4882 NORTH HENRY BOULEVARD ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 8 FUTURE LAND USE MAP FOR 4882 NORTH HENRY BOULEVARD ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 9 PREVIOUSLY-APPROVED DEVELOPMENT The townhome development approved for Forestar via RZ-2023-10 was based on a site plan entitled “North Henry Townhomes: Forestar Zoning Plan,” prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23. The plan, shown below, provided for ninety (90) three-bedroom townhomes in thirteen (13) buildings, at a density of 5.769 units per acre. Forestar was granted a variance via #VR-2023-06 to reduce the front yard setbacks of the townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet. The rezoning site plan showed the project entrance on North Henry Boulevard, with internal streets leading to two cul-de-sacs. An emergency access was also to be provided at the rear of the property to connect with Club Place to the west. Amenities near the front of the property were to include a pool, a clubhouse, a dog park, and a mail kiosk. A total of 316 parking spaces were to be provided. The site was to have thirty (30) percent open space, and a twenty-five (25)-foot zoning buffer was to surround the property. KCI Technologies, Inc. prepared a traffic impact study in December 2023, entitled “North Henry Residential Development: Traffic Impact Study.” It concluded that levels of service at the project entrance would be acceptable at buildout and recommended the installation of a westbound deceleration lane at the project entrance. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 10 PREVIOUSLY-APPROVED REZONING SITE PLAN, PER RZ-2023-10 “North Henry Townhomes: Forestar Zoning Plan”, prepared by Atwell Group on 12/01/23 (received by the Planning and Zoning Staff on 12/04/23) ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 11 REZONING SITE PLAN, ENLARGED ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 12 PREVIOUSLY-APPROVED ADMINISTRATIVE ZONING MODIFICATION Forestar submitted an administrative zoning modification application on September 19, 2024, in response to the Community Development Department’s notification that it would be needed due to differences between Forestar’s submitted land disturbance permit site plan and the rezoning site plan from RZ-2023-10. In its Letter of Intent, Forestar explained that the site plan changes were in direct response to the twelve (12) zoning conditions that the City Council added during the public hearing for RZ-2023-10. These changes included gates at the project entrance, twocar garages for all townhomes, a community dumpster, and a 10-foot-wide concrete walking path along the front of the development. PROPOSED DEVELOPMENT On July 10, 2026, the Community Development Department received a major zoning modification application from Falcon Design on behalf of Apex Stockbridge, LLC. The Letter of Intent stated that the purpose of the application was to “better align the project with current market demands, modern infrastructure standards, and long-term community viability.” The applicant requested the modification of five zoning conditions of RZ-2023-10 (later reduced to two). The number of townhomes, ninety (90), is unchanged from RZ-2023-10. The applicant obtained a water and sewer availability letter from the City’s Public Works Department, dated January 26, 2026. It stated that “the existing wastewater collection system has sufficient capacity to support the requested sanitary sewer flows. However, the water capacity will be contingent upon the results of the future flow test to be performed by the owner / developer.” The applicant has offered to provide a trailhead and easement through the rear of the property to connect the site to the City’s trail system, and to donate the easement to the City. Applicant’s Requested Modification of Five Zoning Conditions. In the original Letter of Intent dated July 10, 2026, the applicant requested the modification of five (5) zoning conditions of RZ-2023-10, as follows: • Amenity Requirements: We request the removal of the condition requiring a community pool and clubhouse. Eliminating these high-maintenance features will lower future Homeowners Association (HOA) dues, making these homes more accessible and financially sustainable for residents. [Included on the rezoning site plan.] ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 13 • Waste Collection System: We request the modification of the central dumpster requirement. In its place, we propose individual, curbside roll-out waste collection for each townhome unit, which provides a cleaner, more traditional residential aesthetic and eliminates a central source of odor and debris. [Zoning Condition #4 from RZ-2023-10.] • Rental Restrictions: We request the removal of the condition prohibiting the townhomes from being rented. Lifting this restriction provides property owners with necessary financial flexibility and meets the growing demand for diverse housing options within the City of Stockbridge. [Zoning Condition #6 from RZ-2023-10.] • Gated Community Requirement: We request the removal of the condition requiring that the community be gated. This requirement puts a large HOA fee burden on homeowners to finance the ongoing maintenance of the roads and curbs throughout the subdivision. [Zoning Condition #5c from RZ-2023-10.] • Architectural Design – Three Sides Brick: We request the modification of the condition requiring three sides brick and replace it with a condition stating the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. [Zoning Condition #5a from RZ-2023-10.] On September 16, 2026, the applicant submitted an undated revised Letter of Intent, to which he added a date of September 17, 2026 the following day. The revised letter withdraws three of the five original requests. The applicant now requests only the modification of the conditions governing waste collection and architectural design, and has provided the sample rendering below. The current requests are as follows: • Waste Collection – Modification of the central dumpster requirement. In its place we propose individual, curbside roll-out waste collection for each townhome unit, which provides cleaner, more traditional residential aesthetic and eliminates a central source of odor and debris. • Architectural Design – Three Sides Brick: We request the modification of the condition requiring three sides brick and replace it with the following language: o Front façade: Half (45) of the units shall contain 75% brick on the front. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units shall contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 14 o o o Side Elevations: The units with a public view to be composed of 75% brick on the sides or end caps. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. These units shall be the blocks of units 1-3, 83-90, 80-82, and 39-44 on the zoning concept plan. The non-public facing units (all block other than the ones listed above) shall all have a minimum 4’ brick water table with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. Rear Elevations: All units shall be a combination of brick, fiber cement siding, wood, stucco, or natural stone. No vinyl siding shall be permitted on any units. Applicant’s Submitted Site Plan. The applicant also submitted a new site plan, entitled “Zoning Modification Concept Plan for Bridgeview Townhomes,” prepared by Falcon Design on July 1, 2026 as Project Number 594.001. It was received by the Planning & Zoning Office on July 11, 2026, with revisions received on July 22, 2026 and August 11, 2026. This site plan differs from the approved rezoning site plan for RZ-2023-10. However, it is not under consideration, because removing the two remaining conditions would not affect the rezoning site plan. Changes to the rezoning site plan require a separate zoning modification application; until such an application is approved, the applicant must comply with the rezoning site plan. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 15 SAMPLE RENDERING OF A PROPOSED TOWNHOME BUILDING ANALYSIS OF APPLICANT’S REQUESTS 1. Amenity Requirements (from the RZ-2023-10 Site Plan)—The applicant originally requested the removal of the pool and clubhouse shown on the rezoning site plan. The development would have only 90 units, fewer than the 100-unit threshold at which Section 14.9(C) of the UDC requires a subdivision pool. In addition, the pool and clubhouse were shown on the rezoning site plan but were not a zoning condition of RZ-2023-10. This request would therefore have been acceptable. However, the applicant now plans to provide the pool and clubhouse, so this request no longer requires consideration. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 16 2. Waste Collection System (from Zoning Condition #4 of RZ-2023-10)—The applicant requests the modification of the central dumpster requirement and proposes individual curbside roll-out receptacles for each townhome unit. Given that only 90 units would be built, this request is reasonable. Eliminating the dumpster would also reduce the burden of overflow dumpster waste on adjacent communities. This request is therefore acceptable. 3. Rental Restrictions (from Zoning Condition #6 of RZ-2023-10)—The applicant originally requested the removal of the condition prohibiting rental of the townhomes. That description was inaccurate; Zoning Condition #6 of RZ-2023-10 permits up to 10 percent of the units to be rented. Removing the condition entirely would not be reasonable, because the surrounding area consists of fee simple properties rather than rental properties, and the City of Stockbridge wishes to maintain neighborhood stability. However, the City would have been willing to modify the condition to allow rentals of up to 20 percent of the total dwelling units, with the HOA responsible for monitoring and enforcing the cap. This request would therefore have been partially acceptable. The applicant now plans to comply with the 10 percent rental restriction, so this request no longer requires consideration. 4. Gated Community Requirement (from Zoning Condition #5c of RZ-2023-10)—The applicant originally requested the removal of the gated-community condition, proposing public streets so that the HOA would not be responsible for street maintenance. This request would have been reasonable because the development has fewer than 100 units, and removing the gates would prevent potential traffic backups onto North Henry Boulevard. Without gates, the City of Stockbridge would own and maintain the internal streets as public streets. This request would therefore have been acceptable. However, the applicant has now agreed to provide the gates, so this request no longer requires consideration. 5. Architectural Design – Three Sides Brick (from Zoning Condition #5a of RZ-2023-10) The applicant originally requested that the three-sided brick condition be replaced with a condition stating that the architectural design of the townhomes would be substantially similar to the rendering provided at the City Council meeting. However, this would have conflicted with Section 4.4.4(C) of the UDC, which requires all buildings (including townhomes) in the MFR district to be at least 75 percent brick or stone on all four facades. In fact, the existing zoning condition was already less restrictive than Section 4.4.4(C). The rendering, with substantial non-brick facade areas, would not have been acceptable. However, the City could have recommended a modification to the exterior material requirement: in lieu of the three-sided brick standard, the townhomes would have provided a minimum of 75 percent brick or brick veneer on the front facades and end-cap units, with elevations substantially consistent with the renderings presented to the Mayor and City Council, and final design details subject to staff review and approval during permitting. This ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 17 request would therefore have been partially acceptable. The applicant now requests the following revised condition: o o o o “Front façade: Half (45) of the units shall contain 75% brick on the front. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units shall contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. Side Elevations: The units with a public view to be composed of 75% brick on the sides or end caps. The remaining 25% can be composed of fiber cement siding, wood, stucco, or natural stone. These units shall be the blocks of units 1-3, 83-90, 80-82, and 39-44 on the zoning concept plan. The non public facing units (all block other than the ones listed above) shall all have a minimum 4’ brick water table with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. Rear Elevations: All units shall be a combination of brick, fiber cement siding, wood, stucco, or natural stone. No vinyl siding shall be permitted on any units.” This revised architectural design request is reasonable and permissible. The proposed standards retain a substantial brick presence on the most visible front and side elevations, require durable exterior materials throughout the development, and prohibit vinyl siding. By concentrating the highest masonry coverage on elevations visible from public streets while allowing greater material flexibility on lessvisible elevations, the request preserves an attractive, high-quality streetscape without imposing unnecessary construction costs. The condition also identifies the applicable unit blocks and establishes measurable material percentages, which will allow staff to verify compliance during plan review and permitting. Accordingly, the revised condition provides sufficient design quality and enforceability while offering reasonable flexibility in the development’s architectural treatment. CONCLUSIONS The applicant submitted a zoning modification site plan that differs somewhat from the RZ2023-10 rezoning site plan and requested the modification of five zoning conditions of RZ2023-10 (later reduced to two). As explained above, the revised site plan cannot be considered as part of this application; it would require a separate administrative zoning modification. Of the five original requests, the applicant has withdrawn three and will provide a pool and clubhouse, provide entrance gates, and comply with the 10 percent rental restriction. The two remaining requests are the use of individual waste receptacles instead of a centralized dumpster and the use of revised architectural facades. As discussed above, these requests are reasonable and should be approved. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 18 In summary, staff reached the following three conclusions: Conclusion #1—The applicant now requests the modification of only two of the five original zoning conditions, to allow: 1) individual waste receptacles instead of a centralized trash dumpster; and 2) revised townhome facades instead of brick on three sides of all townhome buildings. Staff supports these requests. Conclusion #2—Per the revised Letter of Intent, the applicant has withdrawn the other three original requests and will: 1) provide a pool and clubhouse; 2) provide entrance gates; and 3) comply with the 10 percent rental restriction. Conclusion #3—Because the two current requests do not involve the site plan, the applicant would need to apply for an administrative zoning modification to seek approval of the revised site plan, whose layout differs somewhat from the rezoning site plan approved by City Council via RZ-2023-10. RECOMMENDATIONS Based on the foregoing analysis, Zoning Modification Case #ZM-2026-03 should be approved with the following seven (7) conditions: 1. Waste Collection System—The applicant may utilize individual curbside waste receptacles for each townhome unit in lieu of providing a centralized trash dumpster. 2. Architectural Design—The applicant shall comply with the following architectural requirements: a. Front Façade: Half (45) of the units shall contain 75% brick on the front. The remaining 25% may be composed of fiber cement siding, wood, stucco, or natural stone. The other half of the units may contain any combination of brick, fiber cement siding, wood, stucco, or natural stone. b. Side Elevations: Units with a public view shall be composed of 75% brick on the sides or end caps. The remaining 25% may be composed of fiber cement siding, wood, stucco, or natural stone. These units are the blocks of units 1-3, 39-44, 80-82, and 83-90 on the zoning concept plan. The non-public-facing units (all blocks other than the ones listed above) shall all have a minimum 4’ brick water table with the remaining area to be a combination of brick, fiber cement siding, wood, stucco, or natural stone. c. Rear Elevations: All units shall be a combination of brick, fiber cement siding, wood, stucco, or natural stone. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 19 d. Siding: No vinyl siding shall be permitted on any units. 3. Site Plan—The applicant shall comply with the rezoning site plan from RZ-2023-10, unless the Community Development Staff approves a separate administrative zoning modification application for a revised site plan. 4. Easement and Trailhead—The applicant shall provide an easement across the rear of the property, in a location acceptable to the City, to connect with the City’s trail system. The property owner or developer shall donate the easement and trailhead to the City of Stockbridge. 5. Water Capacity—The owner/developer shall perform a water flow test, as required by the Public Works letter dated January 26, 2026, to determine whether sufficient water capacity exists to serve the development. The developer shall make any necessary improvements specified by Public Works. 6. Two-Car Garages—All townhome units shall have two-car garages. (Reaffirms Condition #5b of RZ-2023-10.) 7. Remaining Conditions from RZ-2023-10—The developer shall comply with the remaining zoning conditions from RZ-2023-10. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 10/12/26 OCTOBER 12, 2026 ✔ Ryan Anderson Community Development UPDATE TO THE UNIFIED DEVELOPMENT CODE. Consideration of a resolution to allow for a major update to the City of Stockbridge’s Unified Development Code (UDC) for the purposes of allowing for more innovative uses; for including more relevant standards; for making various clarifications; and for other purposes. A draft update has been prepared by a consultant, in collaboration with the Community Development Department Staff and the UDC stakeholder committee. The update would revise the previously-adopted UDC from March 14, 2022 and its subsequent amendments. Its approval and adoption would result in a new UDC version to become effective upon the City Council’s adoption in 2026, and it would replace all previous versions of the UDC. ✔ 0.00 UPDATE TO THE UNIFIED DEVELOPMENT CODE.. APPROVAL. Table of Contents CHAPTER 1: GENERAL PROVISIONS .......................................................................................... 6 1.1 Generally ..................................................................................................................... 6 1.2 Documents Adopted by Reference ............................................................................. 9 1.3 Rules of Interpretation .............................................................................................. 10 1.4 Zoning Map and Zoning Districts .............................................................................. 11 1.5 Transitional Provisions .............................................................................................. 13 CHAPTER 2: ZONING AND OVERLAY DISTRICTS ...................................................................... 16 2.1 Generally ................................................................................................................... 16 2.2 Official Zoning Map ................................................................................................... 16 2.3 Establishment of Zoning Districts ............................................................................. 16 2.4 District Conversions .................................................................................................. 25 2.5 Zoning Districts.......................................................................................................... 26 2.6 Legacy Zoning Districts .......................................................................................... 3836 2.7 Special Purpose District ........................................................................................ 4038 2.8 Overlay Districts .................................................................................................... 4644 CHAPTER 3: USE REGULATIONS .......................................................................................... 6359 3.1 Use of Land............................................................................................................ 6359 3.2 Supplemental Use Regulations ............................................................................. 7672 CHAPTER 4: DEVELOPMENT STANDARDS ....................................................................... 149128 4.1 Purpose and Intent ........................................................................................... 149128 4.2 Applicability ....................................................................................................... 149128 4.3 Site Design Standards........................................................................................ 150129 4.4 Architectural Guidelines.................................................................................... 162140 CHAPTER 5: PARKING REQUIREMENTS ........................................................................... 178151 5.1 Purpose ............................................................................................................. 178151 5.2 Applicability ....................................................................................................... 178151 5.3 Maintenance ..................................................................................................... 179152 5.4 General .............................................................................................................. 179152 5.5 Parking Calculation Requirements .................................................................... 181154 5.6 Required Parking Spaces and Loading Spaces .................................................. 182155 5.7 Handicap Parking Requirements....................................................................... 187160 Formatted: Font: 12 pt 1 5.8 Design Standards............................................................................................... 188160 5.9 Shared Parking Arrangements .......................................................................... 191164 5.10 Parking Garages .............................................................................................. 193166 5.11 Bicycle Parking ................................................................................................ 194167 5.12 Stacking Spaces ............................................................................................... 194167 CHAPTER 6: SIGN STANDARDS ........................................................................................ 195168 6.1 Legal Framework ............................................................................................... 195168 6.2 Review and Approval ........................................................................................ 197170 6.3 Administration and Enforcement ..................................................................... 199172 6.4 General Regulations .......................................................................................... 199172 6.5 Illumination ....................................................................................................... 203176 6.6 Authorized Signs by Land Use ........................................................................... 204177 6.7 Permanent Signs ............................................................................................... 205178 6.8 Temporary Signs................................................................................................ 212185 6.9 Requirements for Master Sign Plans ................................................................ 212185 6.10 Landmark Signs ............................................................................................... 214187 6.11 Variances ......................................................................................................... 216189 6.12 Nonconforming Signs ..................................................................................... 216189 CHAPTER 7: NONCONFORMING STANDARDS ................................................................ 216189 7.1 Purpose and Intent ........................................................................................... 216189 7.2 Determination of Lawful Nonconforming Situations........................................ 217190 7.3 Nonconforming Lots of Record ......................................................................... 217190 7.4 Nonconforming Buildings and Structures ......................................................... 218191 7.5 Nonconforming Uses of Property ..................................................................... 219192 7.6 Nonconforming Improvements and Features .................................................. 219192 7.7 Termination of Detrimental Nonconforming Situations .................................. 220193 7.8 Nonconforming Manufactured Homes ............................................................. 220193 CHAPTER 8: REVIEW BODES AND ADMINISTRATORS ..................................................... 221193 8.1 Review Bodies ................................................................................................... 221193 8.2 Planning Commission ........................................................................................ 221194 8.3 Historic Preservation Commission .................................................................... 224196 8.4 Governing Body ................................................................................................. 227200 Formatted: Font: 12 pt 2 8.5 Community Development Director ................................................................... 228200 CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES........................................ 229201 9.1 Purpose and Intent ........................................................................................... 229201 9.2 Permits .............................................................................................................. 230202 9.3 Timber Harvesting ............................................................................................. 240212 CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES........................... 240213 10.1 Generally ......................................................................................................... 240213 10.2 Procedures Summary ...................................................................................... 243215 10.3 Public Notice Requirements ........................................................................... 261233 10.4 Procedures for Conducting Public Hearings ................................................... 264236 10.5 Requirements for Development(s) of Regional Impact .................................. 265237 10.6 Requirements for Designation of Historic Districts and Properties ............... 266238 10.7 Zoning of Annexed Property with Common Zoning Classification ................. 268240 10.8 Waivers ........................................................................................................... 268240 CHAPTER 11: VARIANCES AND APPEALS......................................................................... 271243 11.1 Variances ......................................................................................................... 271243 11.2 Administrative Variances ................................................................................ 273246 11.3 Appeals of Administrative Decisions............................................................... 275247 11.4 Appeals of a Final Action by the Mayor and City Council ............................... 276249 CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT ........................................ 277249 12.1 Authority ......................................................................................................... 277249 12.2 Inspections ...................................................................................................... 277249 12.3 Enforcement.................................................................................................... 279251 12.4 Stop Work Orders and Revocations ................................................................ 283255 12.4 Other Enforcement ......................................................................................... 283255 12.6 Penalties for Violations ................................................................................... 284256 12.7 Appeals or Trials .............................................................................................. 284256 12.8 Enforcement, Remedies, or Injunctive Relief ................................................. 285257 CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION .................................. 285257 13.1 General ............................................................................................................ 285257 13.2 Applicability..................................................................................................... 286258 13.3 Exemptions...................................................................................................... 287259 Formatted: Font: 12 pt 3 13.4 Grandfathered Provisions ............................................................................... 288260 13.5 Procedures ...................................................................................................... 288260 13.6 Tree Protection ............................................................................................... 290262 13.7 Buffer Requirements ....................................................................................... 306279 13.8 Landscape Requirements ................................................................................ 311283 13.9 Timber Harvesting ..................................................................................... 316288287 13.10 Sureties ......................................................................................................... 316288 13.11 Inspection ...................................................................................................... 317289 13.12 Continuing Maintenance .............................................................................. 318290 CHAPTER 14: SUBDIVISIONS ........................................................................................... 318290 14.1 Subdivision Plat Process Applicability ............................................................. 318290 14.2 Plat Procedures ............................................................................................... 318290 14.3 Review and Approval Authority ...................................................................... 319291 14.4 Pre-Application Meeting ................................................................................. 319291 14.5 Preliminary Plat Requirements ....................................................................... 319291 14.6 Exemptions from Preliminary Plat Procedures ............................................... 321293 14.7 Final Plat Requirements .................................................................................. 322294 14.8 Final Plat Recording ........................................................................................ 324296 14.9 Appeals ............................................................................................................ 324296 14.10 Expiration ...................................................................................................... 324296 14.11 Requirements Regarding Ownership and Management of Open Space ...... 325297 14.12 Requirements Regarding Stormwater Facilities ........................................... 325297 14.13 Street Name and Sign Requirements ............................................................ 326298 CHAPTER 15: ENVIRONMENTAL PROTECTION ............................................................... 327299 15.1 Stream Buffer Protection ................................................................................ 327299 15.2 Soil Erosion, Sedimentation, and Pollution Control ....................................... 332304 15.3 Illicit Discharge and Illegal Connection. .......................................................... 345317 15.4 Floodplain Management/Flood Damage Prevention ..................................... 349321 15.5 Wetland Protection. ........................................................................................ 365337 15.6 Watershed Protection. .................................................................................... 368340 15.7 Groundwater Recharge Protection ................................................................. 372344 15.8 Recycling of Water at Commercial Carwash Facilities .................................... 374346 Formatted: Font: 12 pt 4 15.9 Outdoor Watering ......................................................................................... 375347 CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS ......................................................... 376348 16.1 Multimodal Traffic Impact Studies (TIS) ......................................................... 376348 16.2 Minimum Design Standards ............................................................................ 385357 16.3 Streets ............................................................................................................. 386358 16.4 Drainage Standards for Streets ....................................................................... 402374 16.5 Bicycle Facilities Construction Standards........................................................ 408380 16.6 Sidewalk Construction Standards ................................................................... 409381 16.7 Trail Construction Standards........................................................................... 412384 16.8 Transportation Improvement Projects ........................................................... 415387 16.9 Streetlight and Pedestrian Light Requirements .............................................. 416388 16.10 Drinking Water Conservation Requirements ................................................ 418390 CHAPTER 17: STORMWATER MANAGEMENT................................................................. 419391 17.1 Purpose and Intent ......................................................................................... 419391 17.2 Applicability and General Standards ............................................................... 421393 17.3 Stormwater Design Manual ............................................................................ 422394 17.4 Permit Application .................................................................................... 423395394 17.5 Stormwater Concept Plan ......................................................................... 425397396 17.6 Stormwater Management Plan....................................................................... 426398 17.7 Performance Criteria ....................................................................................... 431403 17.8 Stormwater Management Design Requirements ........................................... 439411 17.9 Stormwater Management Utility .................................................................... 440412 CHAPTER 18: GUARANTEES AND SURETIES .................................................................... 449421 CHAPTER 19: ACRONYMS AND DEFINITIONS ................................................................. 454426 19.1 Acronyms ........................................................................................................ 454426 19.2 Definitions ....................................................................................................... 457429 Formatted: Font: 12 pt 5 CHAPTER 1: GENERAL PROVISIONS 1.1 Generally 1.1.1 Short Title This ordinance shall be known as the "Unified Development Code of the City of Stockbridge, Georgia," and may be referred to herein as the " code," " ordinance," or the "UDC." 1.1.2 Components of this Unified Development Code This UDC contains the following parts: A. Text of this UDC; and B. The Official Zoning Map; and C. Any map amendment or conditions of approval adopted in accordance with this Code. 1.1.2 Authority The UDC is enacted based on the authority vested in the City of Stockbridge by the State of Georgia, including but not limited to the Georgia Constitution Article IX, Section 2, Paragraph IV, the Zoning Procedures Law, O.C.G.A. Chapter 36-66-1 et seq., and the charter of the City of Stockbridge, Georgia. 1.1.3 Purpose of the UDC This UDC is adopted for the purpose of promoting the public health, safety, and general welfare of the residents, property owners, and visitors to the City of Stockbridge and to encourage the orderly, harmonious, and judicious use of land, consistent with the goals, policies, and strategies of the City of Stockbridge Comprehensive Plan. More specifically, this UDC is adopted to accomplish the following purposes: A. To balance conservation with environmental stewardship by: 1. Conserving unique natural resources, including delicate ecosystems, forested areas, stream beds, water reservoirs, and archeological sites. 2. Promoting preservation and restoration of the native tree canopy. 3. Protecting the built and natural environments from air, water, noise, and light pollution. 4. Incentivizing the use of sustainable design features in new developments and projects. 5. Promoting the efficient use of land and preservation of open space. B. To achieve design excellence of the built environment by: 1. Providing parking and access standards that appropriately balance pedestrian and vehicular safety and result in safe pedestrian environments of the highest quality. Formatted: Font: 12 pt 6 2. Providing design standards that result in attractive architecture and compatible transitions of uses, height, and building scale between existing and new developments. 3. Providing and promoting housing for all income groups within the City and promoting the stability of neighborhoods. 4. Ensuring development provides adequate light, air, convenience of access, and safety from fire, flood, and other dangers. C. To support enhanced quality of life by: 1. Supporting such timing, density, and distribution of land development and uses that will mitigate overcrowding of land to avoid undue concentration of population based on the availability of resources. 2. Reducing or mitigating congestion in the public streets. 1.1.4 Jurisdiction The regulations, standards, criteria, and procedures that are set forth in this UDC shall govern the design, development, and use of all land within the corporate limits of the City of Stockbridge, Georgia. 1.1.5 Minimum Requirements The provisions of this UDC are intended to be minimum requirements unless otherwise specified. Where the provisions of this UDC impose greater restrictions than other ordinances, the provisions of this UDC shall prevail. Where the provisions of another ordinance impose greater restrictions, the other ordinance shall prevail. 1.1.6 Conflicting Provisions A. This is the City of Stockbridge Unified Development Code, and all other conflicting ordinances and resolutions are hereby repealed. B. If any provision of this UDC is found to be inconsistent with or preempted by state or federal law, regulation, or constitutional requirement, such provision shall be applied only to the extent permitted by law. In such cases, the applicable state or federal requirement shall govern. C. Nothing in this UDC shall be construed or applied in a manner that violates or is preempted by applicable state or federal law, including but not limited to the United States Constitution, the Constitution of the State of Georgia, the Georgia Zoning Procedures Law, the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Fair Housing Act, the Americans with Disabilities Act, or the Telecommunications Act of 1996, as amended. D. Where the provisions of this UDC conflict with other ordinances or regulations of the City of Stockbridge, the more restrictive provision shall govern, to the extent allowed by law. For purposes of this section, the more restrictive provision is the one that imposes more stringent controls or standards on development. These regulations are not intended to abrogate, annul, repeal, or otherwise impair or interfere with existing provisions of other ordinances or regulations except as expressly provided herein. E. The enforcement and interpretation of this UDC shall not be affected by deed restrictions, covenants, or easements, except those imposed as a condition of approval of development plans, special use permits, rezonings, or other approvals granted pursuant to this Unified Development Code. F. The issuance of any approval, certificate, or permit in accordance with the standards and requirements of this UDC shall not relieve the recipient of such approval, certificate, or permit from the responsibility of complying with all other applicable requirements from any other city, county, state, or federal agency having jurisdiction over structures or land for which the approval, certificate, or permit was issued. 1.1.7 Relationship to the Comprehensive Plan The City of Stockbridge Ccomprehensive pPlan, as is updated from time to time according to State requirements, is the official development policy and implementation guide for the City. Its purpose is to coordinate and direct physical and economic development, as well as related public investment, and to provide reasonable regulations for the development of private property in the interest of public health, safety, and welfare. The UDC is designed to implement all provisions of the comprehensive plan for the development and use of land. 1.1.8 Administrator The Community Development Director has been designated by the City of Stockbridge as the official who is charged with the administration of this UDC. The Director may, therefore, establish such rules and procedures as may be necessary. The Director is hereby authorized to interpret the provisions of this UDC whenever it is warranted and appropriate. The Director may authorize a designee to perform any action or duty which such officer, agency, or department is authorized to perform under this UDC. 1.1.9 1.1.9 Effect of Past Approval Condition A. The adoption of this UDC shall not repeal or invalidate any special use or conditional approval, or any condition imposed upon a prior rezoning or development approval. Where conditions have been applied to a property or use through the map amendment, special use permit, variance, or similar zoning or quasi-judicial decision process, such conditions shall apply to all portions of the subject development. B. All conditions shall be met prior to the issuance of certificates of occupancy/completion for any development within the area subject to a rezoning/map amendment, variance, or special use permit, unless expressly stated in the condition itself. 1.1.10 Effective Date The provisions of this Ordinance become effective immediately upon adoption. Likewise, the term “Effective Date” shall refer to any subsequent adoption of any amendments. 1.1.11 Severability If any section, paragraph, clause, phrase, or provision of this UDC shall be adjudged to be invalid or held as being unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of remaining portions of this UDC. 1.2 Documents Adopted by Reference The documents identified in the following subsection include any attachments, future additions, appendices, indicesexes, and amendments. 1.2.1 Functional Road Plan The functional road plan, adopted in the cComprehensive pPlan, describing the functional classifications and associated right-of-way requirements, is hereby adopted by reference and declared part of this UDC. This plan provides information to guide the City of Stockbridge in requiring dedication or preservation of land for rights-of-way for future streets. 1.2.2 Georgia Stormwater Management Manual The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a part of this UDC. The GSMM specifies the channel protection, flood control requirements and design standards necessary to control stormwater runoff and protect water quality. 1.2.3 Metro North Georgia Water Planning District Legislation for the creation of the Metropolitan North Georgia Water Planning District was enacted to develop regional- and watershed-specific plans for a sixteen-county area of Georgia. The City of Stockbridge is located within the water supply area, and it is a member of the Metropolitan North Georgia Water Planning District; thus, its enabling legislation also requires that all provisions that are established by the district, as may be amended from time to time, be implemented by the local governments. 1.2.4 Floodplain Management The City of Stockbridge is required to adhere to the floodplain management standards which are referenced in Paragraph 60.3(d) (44 CFR 59), based on its participation in the National Flood Insurance Program (NFIP). The adopted flood insurance study (FIS), with its accompanying maps and other supporting data (as well as any revisions thereto, as may be amended from time to time), are hereby adopted by reference and shall be the final authority concerning base flood elevations (BFE) for the City of Stockbridge, if they are available. 1.2.5 Building and Construction Codes Each building and construction code that is listed has been approved by the State of Georgia, including any attachments, future editions, and amendments as may be approved by Mayor and City Council, are hereby adopted by reference as if it were set forth here in its entirety. A. International Building Code (ICC). B. National Electric Code, as is published by the National Fire Protection Association (NFPA). C. International Fuel Gas Code (ICC). D. International Mechanical Code (ICC). E. International Plumbing Code (ICC). F. International Residential Code for One- and Two-Family Dwellings (ICC). G. International Energy Conservation Code (ICC). Formatted: French (France) H. International Fire Code (ICC). I. International Property Maintenance Code (ICC). J. Standard Amusement Device Code (SBCCI/ICC). K. Excavation and Grading Code (SBCCI/ICC). L. International Existing Buildings Code (ICC). M. Standard Swimming Pool Code (SBCCI/ICC). N. Standard Unsafe Building Abatement Code (SBCCI/ICC). O. The Code for Safety of Life from Fire in Buildings and Structures, as is contained in the National Fire Prevention Association Publication 101 (NFPA). 1.2.8 OSHA Safety and Health Regulations All safety and health regulations that are promulgated by OSHA with regard to excavating and trenching operations, particularly Part 1926, Subpart P, "Excavation, Trenching, and Shoring" in Sections 1926.650, 1926.651, and 1926.652 of the Code of Federal Regulations, which now exists or may hereafter be amended, are hereby adopted as part of this UDC as if they were quoted verbatim here. 1.3 Rules of Interpretation 1.3.1 Generally The following rules of interpretation shall apply to the administration of the UDC: A. Where any conflict in the administration of the UDC between the text of the UDC and any caption, illustration, or graphic presentation exists, the text of the UDC shall control. B. All statements that refer to "section" shall mean sections of this UDC, unless the statement clearly provides a reference to another document. C. More specific provisions of this UDC shall be followed in lieu of more general provisions. D. Where more than one (1) standard on the same subject is applied to the design and development of land, the stricter standard shall apply. E. In interpreting and applying the provisions of this UDC, the provisions shall be the minimum requirements for the promotion of health, safety, aesthetics, and welfare of the public. 1.3.2 Rules of Construction of Language A. Words that are used in the present tense shall include the future tense. Formatted: French (France) B. Words that are used in the singular number shall include the plural number, and words that are used in the plural number shall include the singular number. C. A word denoting the masculine gender shall extend and be applied to female persons; and to firms, partnerships, and corporations as well as to male persons. D. The word "may" is always permissive and never mandatory. The word "shall" is always mandatory. E. The word “day” shall mean a business day. F. The word "month" shall mean thirty (30) days. G. The word “year” shall mean a period of 365 days, or 366 days in a leap year, unless otherwise specified. H. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies, both political and corporate; as well as to individuals. I. The word "includes" shall not limit a term to the specified examples, but it is intended to extend its meaning to other instances or circumstances which are of like kind or character. J. The word “and” indicates that all connected items, conditions, provisions, or events shall apply. K. The word “or” indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. L. Words and phrases, except as specifically defined in this UDC, shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning, or as defined in the Complete Illustrated Book of Development Definitions (2017, Routledge), as amended. Words that are defined by State or Federal law or regulation shall have the meaning ascribed to them by the law or regulation when used in the context of said law or regulation. 1.3.3 Abrogation This UDC is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this UDC and another ordinance conflict or overlap, whichever ordinance imposes the more stringent standard or restriction shall prevail. 1.4 Zoning Map and Zoning Districts 1.4.1 Official Zoning Map A. The official zoning map shall be adopted by resolution of the Mayor and City Council, which directs the identification of the official zoning map by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map of the City of Stockbridge, Georgia," together with the date of adoption. B. The official zoning map of the City of Stockbridge, Georgia, together with all explanatory notes thereon, is hereby adopted by reference and declared part of this UDC. C. If changes are made to district boundaries or other matter portrayed on the official zoning map in accordance with the procedural requirements set forth in Chapters 7 and 8 of the UDC regarding amendments to the official zoning map, such changes shall be entered on the official zoning map annually after the amendment has been approved by the Mayor and City Council recorded as an entry in the minutes of such City Council meeting as follows: "On __________, 20___ by official action of the Mayor and City Council, the following (change) changes (was) were made to the official zoning map: (brief description of nature of change or changes)." Such map entries shall be signed by the mayor and attested by the City Clerk. D. The official zoning map, which is located in the office of the Director, shall be the final authority as to the current zoning status of any parcel of land in the City. The official Zoning Map shall be kept up-to-date to reflect all property annexations and rezonings, all parcel changes due to recombination and subdivision actions, and all corrections to observed errors. E. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Mayor and City Council may, by ordinance, adopt a new official zoning map, which shall supersede the prior official zoning map. This new official zoning map shall: 1. Be corrected to remedy drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map. 2. Be re-adopted by the Mayor and City Council as needed. 3. Be identified by the signature of the mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on __________, 20___ as part of the UDC." F. Unless the previous official zoning map has been lost, or has been destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment. G. If official zoning records are in conflict with the official zoning map and reveal drafting or other errors, such records shall be used to amend the official zoning map administratively. Further, notification of such errors shall be made to the Mayor and City Council for certification and re-adoption. 1.4.2 Overlay Districts The boundaries of the Overlay Districts referenced and identified in Chapter 2, Zoning and Overlay Districts are incorporated and made a part of the official Zoning Map of the City of Stockbridge. 1.4.3 Rules for Boundary Interpretations A. It is the intent of this UDC that the entire area of the City, including all land, water areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this UDC. If uncertainty exists with respect to the location of the boundaries of any zoning district in the City, the following rules shall apply: District boundaries indicated as approximately following the centerlines of streets or highways shall be construed as following the indicated centerlines. B. District boundaries indicated as approximately following street or highway right-of-way lines shall be construed as following the street or highway right-of-way lines. C. District boundaries indicated as approximately following lot or property lines shall be construed to follow such lot or property lines. D. District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or railroads or rights-of-way of same, shall be construed as being parallel thereto and at such distance as indicated on the official zoning map. If no distance or legal description is given, the dimension shall be determined by the use of the scale shown on the official zoning map. E. Where a district boundary line divides a lot that is in single ownership upon the effective date of this UDC, the district requirements for each portion of such lot shall be deemed to apply. F. In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning district boundary paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot. An alley shall not be used as a basis for identifying a through lot. Through lots may also be known as “double frontage lots.” G. Where zoning district boundaries are in doubt, the Director shall make such interpretation using the appropriate scale from the official zoning map. 1.5 Transitional Provisions 1.5.1 Purpose The purpose of this Section shall be to establish the procedures for handling vested rights for application submittals and previous approvals that existed as of the Effective Date of this UDC or any future amendments thereto. 1.5.2 Violations Continue Any violation of previous zoning ordinances shall continue to be a violation under this UDC and be subject to penalties and enforcement under this UDC unless the use, development, or activity complies, in its entirety, with the provisions of this UDC. The prosecution of violations which occurred under previous ordinances shall continue until resolved. 1.5.3 Prior Nonconformities and Nonconforming Uses Any use, plan, structure, or property that was nonconforming under prior ordinances shall be considered a nonconformity under this UDC, except as may be otherwise provided under Chapter 76, Nonconforming Standards. The provisions of Chapter 76, Nonconforming Standards shall be applicable to all nonconformities. Any use, plan, structure, or property that was previously nonconforming that becomes conforming because of adoption of this UDC shall no longer be considered a nonconformity, provided that all applicable provisions of this UDC are complied with. 1.5.4 Effect of this Ordinance on Zoning Applications Submitted and Prior Approvals A. Application Submitted. 1. Any application for a zoning map amendment (a rezoning) that was filed with the Community Development Department, which and is full, accurate, and complete prior to the effective date of this UDC, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district, or if the proposed zoning district no longer exists in this Code, the Director shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant. 2. Any application which is before the Mayor and City Council or the Planning Commission (i.e., a rezoning, a zoning modification, a special use, a development standards variance, or a land use amendment) that has been filed with the Community Development Department, whichand is full, accurate, and complete prior to the effective date of the ordinance from which this chapter is derived, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that if such application is no longer required by the terms of this Code, the application will be dismissed. 3. Zoning requests that were denied, but for which the applicant has filed an appeal to Mayor and City Council as of the effective date of the UDC. B. Approved Zoning Applications. Any development or project for which a zoning application has been approved under this provision may proceed to completion of the applicable permitting processes as provided herein, at the applicant’s option. 1.5.5 Effect of this Ordinance on Permit Applications Submitted and Prior Approvals A. Applications Submitted. Any development or building activity for which a valid, accurate, and complete application for a Land Development Permit or Building Permit has been received prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and permits, and other authorizations may be issued as though this Ordinance had not been adopted. B. Approved Permits and other Authorizations. Any development or building activity for which a Land Development Permit or Building Permit has been issued prior to the adoption of this Ordinance may, at the applicant’s option, proceed to completion, and permits may be issued as though the Ordinance had not been adopted. Permits shall be determined issued if all fees have been paid and the appropriate permit documentation has been released to the applicant by the City. C. Effect upon Validity of Applications, Permits, and Other Authorizations. The adoption of this Ordinance shall not be construed to affect the validity of any permit that was lawfully issued prior to the Effective date of this Ordinance, so long as: 1. Such permit has not by its own terms expired prior to such Effective Date; 2. Actual building or land development construction has commenced prior to the expiration of such permit; 3. Applications, permits, and other authorizations comply with the process and timing outlined for expirations in Section 98.2, Permits. 4. Actual building or land development construction is carried on pursuant to said permit and is limited to, and in strict accordance with, said permit; and 5. Any future change in the use or development of the property or any structure thereon shall conform with the most recent version of this UDC. D. Effect upon Validity of Subsequent Applications. If any development or building activity requires a series of applications (i.e., Land Development Permit, application for a variance, building permit, etc.), if one application is filed prior to the Effective Date of this UDC, all applications shall be reviewed under the ordinance that is in force and in effect at the time the first application is completed and it shall be approved if it is in compliance with said ordinance, at the applicant’s option. Any subsequent applications that are authorized to be processed under this section shall be identified during the review process of the initial, vested application, or they shall be included in the documentation that is submitted with the vested application (i.e., a development site plan that demonstrates the need or intent of the subsequent application(s)). 1.5.6 Effect of this Ordinance on Subdivision Applications Submitted and Prior Approvals A. Subdivision Applications Submitted. Any subdivision for which a valid and complete subdivision application has been submitted prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and such applications may be reviewed and approved in accordance with the subdivision regulations that are in effect at the time of submission, as though this Ordinance had not been adopted. B. Approved Subdivision Plans. Any subdivision plan that was approved prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion under the terms of the previously- approved plan, and in accordance with the subdivision regulations that were in effect at the time of such approval. Approvals shall be deemed valid if all applicable conditions have been met and no expiration has occurred under the provisions that were in effect at the time of approval. Any future resubmittal, amendment or new phase of development shall conform with the most recent version of this UDC. CHAPTER 2: ZONING AND OVERLAY DISTRICTS 2.1 Generally All buildings, land, and structures shall be used in accordance with the comprehensive plan for the City of Stockbridge, and they shall comply with the development standards of the applicable zoning district which is established in this chapter. Such buildings, land, and structures shall be occupied or used only in conformity with each of the standards that are set forth herein for the district in which they are located. 2.2 Official Zoning Map The City of Stockbridge is hereby divided into zoning districts, as is shown on the “City of Stockbridge Official Zoning Map”, together with all explanatory notes thereon. The official zoning map may be amended according to procedures that are established in this UDC. Said map shall be made a public record and shall be kept permanently in the Community Development Department, where the maps or accurate reproductions thereof, will be accessible to the general public, upon request. 2.3 Establishment of Zoning Districts A. The zoning districts which are established in this UDC are comprised of base districts and overlay districts. The base zoning districts refer to "how a property is zoned," while the overlay districts are special areas of the city where additional regulations apply. Many properties in the city have overlay districts in addition to their base zoning districts, whereby properties must comply with the regulations of both districts. If there is any conflict between a property's base zoning district and its overlay district, the overlay district regulations shall rule. B. Current Zoning Districts. The City of Stockbridge is hereby divided into the following zoning districts. They are grouped by residential districts, commercial districts, industrial districts, and overlay districts in Table 2.3.B, City of Stockbridge Current Zoning Districts below. Table 2.3.B – City of Stockbridge Current Zoning Districts. Residential Zoning Districts RR RR, Rural Residential District NR NR, Neighborhood Residential District SR SR, Suburban Residential District CCR City Center Residential District MFR Multiple Family Residential District MHR Mobile Home Residential District Commercial, Office, and Institutional Zoning Districts Commented [EM1]: It will not be split once uploaded to municode Commented [EM2]: Potential change to Urban Residential District (LL) C1 C2 OI Industrial Zoning Districts LI HI Mixed Use Zoning Districts DT MUS MU PUD Overlay Districts PMU DTV Neighborhood Commercial District General Commercial District Office Institutional District Light Industrial District Heavy Industrial District Downtown District Mixed Use Suburban District Mixed Use District Planned Unit Development District Commented [EM3]: Potential change to Mixed Use Urban District (LL) Parkway Mixed Use Overlay District Downtown Village Overlay District C. Required Dimensional Standards. The following Lot and Building Regulations are applicable in all districts. These regulations offer certainty for property owners, developers and neighbors about the limits of what is allowed; they are not to be construed as a guarantee that stated minimums and maximums can be achieved on every lot. Other factors, such as topography, the presence of protected resources, offstreet parking, and other factors may work to further limit actual building and development potential. C.1. Figures 2.3.C.1 through 2.3.C.6 below illustrate sample dimensional and lot coverage standards, as they relate to Table 2.3.C, Required Dimensional Standards, which states provides the minimum required lot dimensional standards for each lot in a zoning district. Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: 12 pt, Ligatures: Standard + Contextual Formatted: Font: Ligatures: None Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: Ligatures: Standard + Contextual Figure 2.3.C.1 - Dimensional Standards Figure 2.3.C.2 - Lot Coverage Standards Figure 2.3.C.3 - Building Height Mansard Roof Figure 2.3.C.4 - Building Height Gable Roof Figure 2.3.C.5 - Building Height Hip Roof Figure 2.3.C.6 - Building Height Flat Roof Table 2.3.C – Required Dimensional Standards Residential Districts Standard RR NR SR Water & 1 acre Sewer System Minimum Water Lot Size & (in acres 1 acre 20,000 sf 12,000 sf Septic or square Tanks feet) Private Wells & 1.25 Septic acres Tanks Minimum Lot Width 150 100 75 (in feet) Minimum lot 150 100 75 frontage (in feet) Lot Coverage (as a percent of total 30% 30% 30% area) Minimum Street 75 50 50 Setback (in feet) Side Setback (in 20 15 10 feet) Rear Setback (in 40 40 40 feet) Minimum Distance Between Buildings N/A N/A N/A (in feet) Minimum Open Space (as a percent N/A N/A N/A of total area)7 Minimum Residential Floor Area (heated square footage) 1,500 1,300 1,050 Formatted: Font: Italic CCR MFR5 Formatted: Centered Formatted Table 6,000 sf 2 acres4 50 100 35 100 50% 50% 25 30 10 15 20 20 N/A 20 N/A 15% 850 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom)600 studio 800 – 1 bedroom 950 - 2 bedroom 1,150 - 3 bedroom Formatted: Superscript 1,800 - townhome Maximum Building Height – Principal (in 35 35 35 40 feet) Maximum Building Height – Accessory 15 15 15 15 (in feet) Commercial, Office, and Institutional Zoning Districts Standard OI C1 Minimum Lot Size (in acres or square 20,000 sf 10,000 sf feet) Water & 100 60 Sewer Minimum System Lot Width Water (in feet) & 125 60 Septic Tanks Water & 100 60 Minimum Sewer System lot frontage Water (in feet) & 125 60 Septic Tanks Lot Coverage (as a percent of total 70% 70% area) Minimum Street 50 50 Setback (in feet) Side Setback (in 15 10 feet) Rear Setback (in 20 20 feet) Minimum Distance Between Buildings 20 20 (in feet) Minimum Open Space (as a percent N/A N/A of total area)7 45 15 Formatted: Font: Italic C2 10,000 sf Formatted: Centered Formatted Table 100 100 100 100 70% 50 10 20 20 N/A Formatted: Superscript Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Standard Minimum Lot Size (in acres or square feet)1 Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Rear Setback (in feet) Minimum Distance Between Buildings (in feet) Minimum Open Space (as a percent of total area)7 Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Standard Minimum Lot Size (in acres or square feet) Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Side Setback – with windows and door (in feet) Rear Setback (in feet) 45 35 35 15 15 15 Industrial Zoning Districts LI Formatted: Font: Italic HI Formatted: Centered 30,000 SF 1 acre 100 100 150 150 50% 50% 70 70 10 20 10 40 20 20 N/A N/A 75 75 60 60 Mixed-Use Zoning Districts DT MUS Formatted Table Formatted: Superscript Formatted: Font: Italic MU N/A 3 acres4 2 acres4 N/A 100 100 N/A 100 100 90% 90% 90% 20 30 20 0 15 15 10 N/A N/A 10 20 20 Formatted: Centered Formatted Table Minimum Open Space (as a percent of total area) N/A 20% 10% Minimum Residential Floor Area (heated square footage) 600 - studio 800 – 1 bedroom 1,000 - 2 bedroom 1,100 - 3 bedroom 600 - studio 800 – 1 bedroom 1,000 - 2 bedroom 1,100 - 3 bedroom 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) 45 45 45 15 15 15 Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Legacy Zoning Districts Standard MHR6 C3 Minimum Lot Size (in acres or 4 15 acres 10,000 sf square feet) Minimum Lot Water & Sewer 5,000 sf N/A Size – Per System mobile home lot (in acres Water & Septic 18,000 sf N/A or square Tanks feet) Minimum Lot Width (in feet) 125 100 Minimum lot frontage (in feet) 125 100 Lot Coverage (as a percent of 40% 70% total area) Minimum Street Setback (in 60 70 feet) Side Setback (in feet) 15 10 Rear Setback (in feet) 40 30 Minimum Distance Between 20 20 Buildings (in feet) Minimum Open Space (as a 20% N/A percent of total area) Minimum Residential Floor 720 N/A Area (heated square footage) Maximum Building Height – 35 45 Principal (in feet) Maximum Building Height – 15 15 Accessory (in feet) 1. Where a use standard conflicts with the lot standard, the use standard shall govern. Commented [EM4]: Review min residential floor areas across all districts - should they all be the same? (LL) Formatted: Font: Italic Formatted: Centered Formatted Table 2. Setbacks and Lot Coverage may differ from the chart based on alternative overlay district standards. 3. For lots where access is provided via an easement, the front setback shall be measured from the edge of the access easement in the same manner as a property line that fronts a public street. 4. The project area for developments within the MHR, MFR, MUS, and MU districts shall meet the minimum lot size, lot width, and lot frontage. 5. For a development containing townhomes within the MFR district, the maximum net density for the townhomes shall be 9 units per acre and the maximum unit width shall be 24 feet. 6. For the MHR district, the development must contain a minimum of 50 units. 7. All developments with a cumulative parcel area greater than three (3) acres, except for those in the DT, MHR, MUS, MU, and MFR zoning districts, shall provide open space in accordance with Section 4.3.3, Open Space Requirements. Commented [EM5]: Linda is asking where the du/acre cap came from (LL) Commented [DS6R5]: 2.4.4, letter C 2.4 District Conversions A. During the preparation of this new UDC, some zoning districts were retained; some districts were converted to new districts or combined with other districts; some districts were removed; and new districts were added. B. Table 2.4, City of Stockbridge Zoning District Conversion Chart provides the district conversions. C. On and after the Effective Date, all provisions of this UDC which are applicable to a zoning district shall govern properties that were previously classified in the corresponding zoning district. All references in any prior approvals or documents to the former district shall be construed to refer to the new zoning district name and designation. This renaming does not change any previously approved boundaries, conditions, or entitlements. Table 2.4 – City of Stockbridge Zoning District Conversion Chart Zoning District Designation Under this Previous Zoning District Designation Unified Development Code Residential Zoning Districts RR, Rural Residential RR, Rural Residential District NR, Neighborhood Residential District SR, Suburban Residential SR, Suburban Residential District CCR, City Center Residential District CCR, City Center Residential District MFR, Multiple Family Residential MFR, Multiple Family Residential District MHR, Mobile Home Residential RETIRED Commercial, Office, and Institutional Zoning Districts OI, Office-Institutional OI, Office-Institutional District C1, Neighborhood Commercial C1, Neighborhood Commercial District C2, General Commercial C2, General Commercial District C3, Heavyighway Commercial RETIRED Commented [EM7]: [What is the MHR district being replaced by?] (LL); Industrial Zoning Districts LI, Light Industrial HI, Heavy Industrial Mixed-Use Districts DT, Downtown PUD, Planned Unit Development LI, Light Industrial District HI, Heavy Industrial District DT, Downtown District PUD, Planned Unit Development District MUS, Mixed Use Suburban District MU, Mixed Use District 2.5 Zoning Districts The following sections present those minimum dimensional standards that must be met in R1R—Rural Single Family Residential District the respective zoning districts, established in this UDC. 2.5.1 R1R—Rural Single Family Residential District A. District Intent. The intent of the Rural Transition Residential (RR)R1 District is to preserve the larger-lot agricultural and residential character of land which presently serves as a transitional buffer between existing rural land and future urban development. This district supports homes on expansive lots in subdivision developments. B. Dimensional Standards. Table 2.5.1, Rural ResidentialR1 District Dimensional Standards states the minimum standards for the R1R zoning district. Table 2.5.1 – Rural ResidentialR1 District (RR) Dimensional Standards LOT DIMENSIONS Min. lot size (public water/sewer and/or 1 acre septic) Min. lot size (private well and septic) 1.25 acres Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 75 Side 20 Rear 40 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 30% Min. residential floor area (heated sq. ft) 1,500 Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures R2NR—Neighborhood Single Family Residential District 2.5.2 NRR2—Neighborhood Single Family Residential District A. District Intent. The intent of the Neighborhood Suburban Residential (NR)R2 District is to provide for traditional single-family neighborhoods at low to moderate densities. B. Dimensional Standards. Table 2.5.2, Neighborhood ResidentialR2 District Dimensional Standards states the minimum standards for the NR2R2 zoning district. Table 2.5.2 – Neighborhood ResidentialR2 District (NR) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 40 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 30% Min. residential floor area (heated sq. ft) 1,300 Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures SRR3—Suburban Single Family Residential District 2.5.3 R3SR—Suburban Singly Family Residential District. A. District Intent. The intent of the Suburban Residential (SR) R3District is to provide compact residential housing types on moderate lots while maintaining the suburban character of existing neighborhoods. This district supports walkable block patterns. B. Dimensional Standards. Table 2.5.3, Suburban ResidentialR3 District Dimensional Standards states the minimum standards for the SR R3 zoning district. Table 2.5.3 – Suburban Residential District (SR)R3 Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 12,000 Min. lot width (ft) 75 Min. lot frontage (ft) 75 SETBACKS (Ft) Street/Easement Side Rear OTHER REQUIREMENTS Min. open space Max. lot coverage Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 50 10 40 15% 30% 1,050 35 15 CCR—City Center Residential District 2.5.4 CCR—City Center Residential District A. District Intent. The intent of the City Center Residential (CCR) District is to provide a diversity of residential housing types on smaller lots where public sewer systems are present, when they are a part of a planned development project. This district supports planned residential development that contributes to a vibrant city center. B. Dimensional Standards. Table 2.5.4, City Center Residential District Dimensional Standards states the minimum standards for the CCR zoning district. Table 2.5.4 – City Center Residential District (CCR) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 6,000 Min. lot width (ft) 50 Min. lot frontage (ft) 35 SETBACKS (Ft) Street/Easement 25 Side 10 Rear 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Min. residential floor area (heated sq. ft) 850 Max. building height (ft) for principal 40 structures Max. building height (ft) for accessory 15 structures MFR—Multiple Family Residential District Formatted: Font: Bold 2.5.5 MFR—Multiple Family Residential District A. District Intent. The intent of the Multiple Family Residential (MFR) District is to allow the development of multiple family residences served by public water and sewer systems, located along collector streets or higher-classification roadways. This district supports urban scale residential development at an average density of fourteen (14) dwelling units per acre. The city should promote an average density of fourteen (14) dwelling units per acre or higher. B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. C. District Standards, Multi-Family. Table 2.5.5.C, Multi-Family Standards states the minimum standards for District Standards. Table 2.5.5, Multiple Family Residential District Standards states the minimum standards for the MFR zoning district. C. The project area for apartment or condo developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Multi-Family Standards LOT DIMENSIONS Min. lot area for development Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement Side Rear Distance Between Buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Max. unit width (townhomes) Min. residential floor area (heated sq. ft) 2 acres 100 100 30 15 20 20 50% 15% 24 ft. 650 (studio) 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom) 45 Max. building height (ft) for principal structures Max. building height (ft) for accessory 15 structures D. Table 2.5.5.C, Townhome Standards states the minimum standards for townhome developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Multiple Family Residential District (MFR) StandardsTownhome Standards LOT DIMENSIONS Min. lot area for development 2 acres Min. lot width (ft) 100 Min. lot frontage (ft) 100 Min. unit width (ft) 24 Max. net density (townhomes) 9 townhome dwelling units per acre, unless otherwise permitted as part of an approved mixed-use development or Planned Unit Development.9 units per acre Max. number of lots As specified in the approved development plan. Max. units per building 6 dwelling units SETBACKS (Ft) Street/Easement 30 Side 105 Rear 20 Distance Between Buildings 20 OTHER REQUIREMENTS Max. lot coverage 50% Min. open space 15% Max. unit width (townhomes) 24 ft. Min. residential floor area (heated sq. ft) 1,000 (1 bedroom) 1,300 (2 bedroom) 1,400 (3 bedroom)650 (studio) Townhome min. residential floor area (heated sq. ft.) Max. building height (ft) for principal structures An additional 200 square feet for each additional bedroom 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom) 1,800 45 Max. building height (ft) for accessory structures Private Streets Curb and Gutter Paved Driveways Sidewalks Streetlights Underground Utilities Public Sewer Public Water Residential Parking Garage Electric Vehicle (EV) Parking Alleys Porches Concurrent Construction Requirement Architectural Requirements Multi-Use Paths 15 Permitted. Required, except along approved alleys. Required. Required. Required in accordance with City standards. Required. Required. Required. Each townhome dwelling unit shall be provided with a minimum two (2) car garage. One (1) EV-capable parking space shall be provided for every ten (10) parking spaces, not to exceed thirty (30) spaces. Permitted, but not required. Permitted, but not required. As specified in the approved development plan. Shall comply with the Townhome Development Standards and Architectural Design Guidelines contained herein. A 10 foot multi-use path shall be provided along the frontage of the development, with 8 foot interior multi-use paths or trails provided where required by the approved development plan. DT—Downtown District 2.5.6 DT—Downtown District A. District Intent. The intent of the Downtown (DT) District is to maintain, enhance, and expand the development patterns and mixed use and open space character of Downtown Mainstreet. The district also supports compatible infill and redevelopment opportunities. Development standards within the district are intended to continue historic development patterns and promote a predominant land use activity for retail, dining, entertainment, cultural resources, community events/festivals, and compatible residential options, while still allowing flexibility for other uses to locate in the district. B. District Standards. Table 2.5.6, Downtown District Dimensional Standards states the minimum standards for the DT zoning district. Table 2.5.6 – Downtown District (DT) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 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District Intent. The intent of the Office Institutional (OI) district is to provide locations for the development of offices, banks, and personal business services which can serve as a transitional uses between residential and commercial areas. This district supports lowimpact employment uses that complement surrounding neighborhoods. B. District Standards. Table 2.5.7, Office Institutional District Dimensional Standards states the minimum standards for the OI zoning district. Table 2.5.7 – Office Institutional District (OI) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) with public water/sewer 100 Min. lot width (ft) with public water and 125 septic Min. lot frontage (ft) with sewer 100 Min. lot frontage (ft) with septic 125 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 70% 45 15 C1 – Neighborhood Commercial District. 2.5.8 C1—Neighborhood Commercial District A. District Intent. The intent of the Neighborhood Commercial (C1) District is to provide locations for limited retail and service uses to satisfy the common and frequent needs of nearby neighborhoods. This district supports cohesive neighborhood commercial centers with unified architecture and scale, to be accessed on minor arterial roadways. B. District Standards. Table 2.5.8, Neighborhood Commercial District Dimensional Standards states the minimum standards for the C1 zoning district. Table 2.5.8 – Neighborhood Commercial District (C1) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 60 Min. lot frontage (ft) 60 SETBACKS (Ft) Street/Easement 50 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures C2—General Commercial District 2.5.9 C2—General Commercial District A. District Intent. The intent of the General Commercial (C2) District is to provide locations for a wide variety of retail, service, and wholesale establishments to satisfy the common and frequent needs of residents across the county and of the traveling public. It is the intent of this district to encourage businesses to be part of planned commercial centers, neighborhood or community shopping centers, and/or developed sections along minor arterials or high-classification roadways. B. District Standards. Table 2.5.9, General Commercial District Dimensional Standards states the minimum standards for the C2 zoning district. Table 2.5.9 – General Commercial District (C2) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 50 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures LI—Light IndustrialManufacturing District 2.5.10 LI—Light Industrial District A. District Intent. The intent of the Light Industrial (LI) District is to provide for light industrial uses, all of which shall be nuisance-free and not generators of hazardous wastes. This district supports light industrial uses located on either arterial or major collector roadways, or within industrial parks having access to such thoroughfares. B. District Standards. Table 2.5.10, Light Industrial District Dimensional Standards states the minimum standards for the LI zoning district. Table 2.5.10 – Light Industrial District (LI) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 30,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 75 60 HI—Heavy Industrial District 2.5.11 HI—Heavy Industrial District A. District Intent. The intent of the Heavy Industrial (HI) District is to provide for the broadest range of industrial activities, including uses that involve occasional nuisance factors. These uses are to be located on either an arterial or major collector roadway, or within industrial parks having access to such thoroughfares. B. District Standards. Table 2.5.11, Heavy Industrial District Dimensional Standards states the minimum standards for the HI zoning district. Table 2.5.11 – Heavy Industrial District (HI) Dimensional Standards LOT DIMENSIONS Min. lot size 1 acre Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 40 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Max. building height (ft) for principal 75 structures Max. building height (ft) for accessory 60 structures MUS – Mixed Use Suburban District 2.5.12 MUS—Mixed Use Suburban District A. District Intent. The intent of the Mixed Use Suburban (MUS) District is to provide for coordinated, lower-intensity mixed-use development along the GA 23 suburban commercial corridor. The district supports a compatible blend of residential, commercial, office, civic, and limited service uses in a suburban context while promoting improved site design, multimodal connectivity, and reinvestment along the Georgia State Route 23 corridor. B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10)- foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. C. District Standards. Table 2.5.12, Mixed Use Suburban District Standards states the minimum standards for the MUS zoning district. D.A. The project area for developments within the MUS zoning districts shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.12 – Mixed Use Suburban District (MUS) Standards LOT DIMENSIONS Min. lot size for development 3 acres Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 30 Side 15 Rear 20 OTHER REQUIREMENTS Max. lot coverage 80% Min. open space 20% Min. residential floor area (heated sq. ft) 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures MU—Mixed Use District 2.5.123 MU—Mixed Use District A. District Intent. The intent of the Mixed Use (MU) District is to provide for higherintensity, mixed-use development within strategic growth areas, to include properties located along the Interstate 75 corridor. The district is intended to create compact, walkable, and interconnected mixed-use environments that support employment, commercial activity, housing diversity, entertainment, and regional economic development. The district supports a compatible blend of residential, commercial, office, civic, and limited service uses in a suburban context while promoting improved site design, multimodal connectivity, and reinvestment B. Developments within this district shall provide the following: Commented [EM8]: Linda mentioned that a portion of I675 lies within the City – should it be included here, or does it not fall within this corridor/with the Comp Plan’s mixed-use intent Commented [EM9]: Discuss use of “compact” here: Why compact? Larger tracts may be located in this area, where larger developments would be built. Compact developments belong in the Downtown District or other inner-City areas (LL) 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. 6.7. Properties that are adjoining are required to have curb cuts to adjacent properties to create a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. C. District Standards. Table 2.5.123, Mixed Use District Standards states the minimum standards for the MU zoning district. D. The project area for developments within the MU zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.12 – Mixed Use Suburban District (MU) Standards LOT DIMENSIONS Min. lot size for development 32 acres Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 320 Side 15 Rear 20 OTHER REQUIREMENTS Max. lot coverage 890% Min. open space 210% Min. residential floor area (heated sq. ft) 650 (studio) Commented [EM10]: Linda suggests upping this to 3 acres, to be consistent with the PUD requirements (LL) 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom)600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) Townhome min. residential floor area 1,000 (1 bedroom) (heated sq. ft.) 1,300 (2 bedroom) 1,400 (3 bedroom) An additional 200 square feet for each additional bedroom Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures 2.6 Legacy Zoning Districts A. Legacy Zoning Districts represent those zoning districts that have been retired. The purpose of Legacy Zoning Districts is to retire outdated zoning districts as part of the adoption of this UDC, to simplify and modernize the City’s zoning framework, and provide for the continued regulation of existing properties within these districts until such properties are rezoned to a zoning district established by this UDC. B. No application to rezone property to this district will be heard from the effective date of this UDC. C. All areas currently zoned under one of the following zoning districts shall abide by the regulations provided therein. MHR – Mobile Home Residential District. 2.6.1 MHR – Mobile Home Residential District A. District Intent. The intent of the Mobile home Residential District is to accommodate mobile home developments as attractive and attainable housing options. Mobile home parks shall be designed in accordance with O.C.G.A §§ 8-2-160 through 168, the State Board of Health requirements, and the requirements of this Code. B. District Standards. Table 2.6.1, Mobile Home Residential District Standards states the minimum standards for the MHR zoning district. C. The project area for developments within the MHR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.6.1 – Mobile Home Residential District (MHR) Standards LOT DIMENSIONS Min. lot size for development 15 acres Commented [EM11]: Potentially include note as to why these districts are being retired (LL) Min. lot size per mobile home lot with public water and sewer (sq. ft.) Min. lot size per mobile home lot with public water and septic (sq. ft.) Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Front Side Rear Min. distance between buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Min. residential floor area (heated sq. ft) Min. number of units per development Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 5,000 18,000 125 125 60 15 40 20 40% 20% 720 50 35 15 C3 – Heavy Commercial District 2.6.2 C3—Heavy Commercial District A. District Intent. The intent of the C-3 District is to provide distinct areas for commercial activities which provide products and services that require locations along major arterial roads, highway intersections, and freeway interchange areas, due to their generation of heavy traffic or their need to transport and display heavy bulk materials, and which provide services that would not be appropriately located in areas providing neighborhood or other commercial retail and service activities. Uses in this district shall be located on roads having a minimum classification of major arterial. B. District Standards. Table 2.6.2, Heavy Commercial District Dimensional Standards states the minimum standards for the C3 zoning district. Table 2.6.2 – Heavy Commercial District (C3) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 30 Min. distance between buildings OTHER REQUIREMENTS Max. lot coverage Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 20 70% 45 15 2.7 Special Purpose District 2.7.1 PUD—Planned Unit Development District A. District Intent. The intent of the Planned Unit Development (PUD) District is to: 1. Allow the development of balanced neighborhoods containing physical, economic, and social assets which are difficult to achieve through the traditional separation of use and density zones; 2. Provide an appropriate district for mixed-use developments to obtain developments resulting in harmonious groupings of uses, structures, and shared facilities; 3. Allow flexibility in design for environmentally challenged properties, thereby supporting preservation of a property’s natural characteristics; and 4. Encourage innovations in quality residential and commercial development and renewal to better support the efficient use of land and meet local market needs. B. Establishment of a PUD District. 1. A PUD may be requested on any property or properties within the City that meet the minimum standards herein, and in accordance with the rezoning procedures of Chapter 109, Public Hearing Application, Review Procedures, to establish the boundaries and regulations of the PUD. 2. No PUD district may be established without the concurrent approval of Overall Development Standards (ODS) and an Overall Development Plan (ODP) by Mayor and City Council. 2.7.2 PUD—Minimum Standards A. PUDs shall demonstrate consistency with the Comprehensive Plan and the approved Overall Development Plan (ODP). B. A phasing plan shall be required for projects expected to take more than five (5) years to complete. Any variation to the phasing plan in timing or sequencing of uses shall be considered a Major Modification. C. Previously developed portions of a site may not be counted toward meeting any minimum open space, design, or benefit/amenity requirements. Commented [EM12]: Potentially rename to PUD section title – this current title “Special Purpose District” allows for future special purpose districts, beyond just the PUD Commented [DS13R12]: PUD are a special purpose district because they require a hearing aspect D. Proposed PUDs shall provide at least two (2) required characteristics from Section 2.7.3, PUD Required Characteristics. E. Any development standards not expressly defined by the ODP shall be regulated by the UDC and other applicable ordinances. Where the ODP conflicts with a base UDC standard, the approved ODP shall govern. F. Unless otherwise approved as part of the ODP, the following minimum standards apply: 1. Streets shall be a minimum of 26 feet, curb to curb, in accordance with Chapter 16, Infrastructure Improvements. All other access management provisions of Chapter 4, Development Standards shall be met. 2.7.2 PUD—Required Characteristics A. At a minimum, each PUD shall provide a combination of at least two (2) of the following characteristics that support the innovative nature of the request. Fulfillment of each required characteristic shall be at the discretion of the Community Development Director and shall remain in place for the life of the project or as necessary to carry out the intent: 1. New or unique concept or land use. A project shall describe the extent that it is a new concept or land use, meaning there are no other developments within 2,000 feet like the proposed development and the project will demonstrate how the business/development concept will be successful in the City of Stockbridge. 2. Cluster Development. A project designed utilizing a clustered development pattern intended to preserve open space, reduce infrastructure impacts, and encourage coordinated site design. To qualify under this characteristic, the project shall demonstrate how dwelling units or structures are grouped in a manner that preserves meaningful common open space or environmental features while maintaining overall development quality and compatibility. At a minimum, cluster developments shall include the following features: a. Buildings or dwelling units shall be arranged to preserve usable open space, natural features, or environmentally sensitive areas; b. A minimum of twenty percent (20%) of the gross site area shall be preserved as common open space, conservation area, or usable community space, excluding required perimeter buffers and stormwater detention facilities unless designed as an integrated amenity; c. Common open spaces shall be connected through pedestrian pathways, trails, sidewalks, or other internal circulation systems; d. The development shall utilize shared access points, reduced roadway lengths, shared driveways, or other design techniques intended to minimize impervious surface coverage and infrastructure demands where permitted by applicable engineering and public safety standards; Commented [EM14]: Do we want to require a mixeduse element? Missing is the current requirement that the PUD district must have two types of uses, in contrast with the MFR district. (LL) Commented [EM15R14]: LL’s further comment: What if a proposed development has only one of the listed characteristics? Which district should it be located in? It seems that this PUD district is being used for too many different types of circumstances. There needs to be a district which simply allows two types of common uses, and another district that is used specifically for innovative developments. PUD is for innovative, unique development and Mixeduse districts are for mixed uses Commented [DS16R14]: This section requires at least 2 of the characteristics listed. The 2 uses could be simply residential (cluster and tiny home) or it could be a commercial/residential mix (senior housing and new or unique concept or land use). If the mixed-use districts allow for mixed-use then there is a case to eliminate/retire the PUD district as we are enacted by right mixed-use in other districts. e. Open space areas shall include at least one community-oriented amenity, such as a pavilion, community garden, playground, seating area, walking trail, dog park, or similar feature approved by the Community Development Director; and f. The project shall demonstrate compatibility with surrounding development patterns through coordinated architecture, landscaping, buffering, or transitional design elements. 3. Tiny Home Development. A project designed as a unified tiny home or cottagestyle residential development that promotes innovative housing opportunities, efficient land utilization, and community-oriented site design. To qualify under this characteristic, the project shall demonstrate how the development incorporates high-quality design standards and shared amenities that support long-term residential livability and compatibility. At a minimum, tiny home developments shall include the following features: a. Tiny homes shall be developed as part of a unified master-planned development and shall not consist of scattered individual lots lacking coordinated site design; b. The development shall include shared common open space or community gathering areas designed to encourage resident interaction and neighborhood cohesion; c. Tiny homes shall maintain consistent architectural character, building materials, roof forms, and design elements throughout the development; d. Parking areas, refuse collection areas, utility connections, and mechanical equipment shall be screened from public streets and adjacent properties; e. The development shall include pedestrian connections between dwelling units, parking areas, open spaces, and shared amenities; f. Tiny home developments shall provide a minimum of ten percent (10%) of the gross site area as usable common open space or community amenity areas; and g. The project shall demonstrate how the development supports attainable or workforce housing opportunities, innovative residential design, or diversification of the City’s housing stock. 4. Adaptive Reuse Project. The project shall preserve a substantial portion of an existing structure of relative significance or architectural interest. 5. Senior Housing. A project designed to support aging in place, accessibility, and independent living for older adults through thoughtful building design, site planning, and amenities. To qualify under this characteristic, the project shall demonstrate how it incorporates age-friendly design features and services that enhance safety, mobility, and long-term usability. At a minimum, senior housing projects shall include the following features, as applicable to the proposed housing type: a. A no-step entrance leading from the driveway to an entrance with a minimum 32-inch clear opening. b. One accessible bathroom on the same level as the no-step entrance. c. At least one shower in the home with reinforced beams to allow for the installation of grab rails if necessary at a later date. d. Exterior doorways at least 36 inches wide and interior doors with a minimum 32-inch clear opening. e. Corridors and passageways 42 inches wide on the same level as the nostep entrance. f. Electrical wall outlets placed no more than 15 inches above finished flooring. g. Wall switches controlling light fixtures and fans placed 48 inches (maximum) above finished flooring. h. In addition to the above unit-level features, projects are encouraged to incorporate senior-supportive site or community elements, such as accessible pedestrian circulation, seating areas, lighting designed for safety, proximity to services, or shared amenities that promote social interaction and independence, as approved by the Community Development Director. 2.7.3 PUD—Overall Development Standards and Plans Required A. Development of the PUD shall be governed by the Overall Development Standards (ODS), part of the Overall Development Plan (ODP). B. Overall Development Standards (ODS). The ODS shall designate the standards of zoning and development for the property. These standards replace the standards in the UDCO and should include, at a minimum, the following: 1. Permitted and prohibited uses; 2. Maximum density; 3. Maximum impervious surface; 4. Minimum open space; 5. Minimum and maximum building heights; 6. Minimum lot size; 7. Required setbacks; 8. Parking requirements; and 9. Building massing. C. Overall Development Plan (ODP). The ODP will include a series of plans and designrelated documents regulating the development of the property. At a minimum, the ODP shall include the following: 1. Overall Master Plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, entrances, densities, parking ratios, open space, height, sidewalks, setbacks, under and over-head utilities, internal circulation and parking, landscaping, preliminary grading, lighting, drainage, amenities, and similar details and their respective measurements. 2. Phasing Plan. Should a PUD be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the time frame for construction and development of different aspects of the PUD. 3. Regulating Plan. A regulating plan shall be provided with street types and open space for all property within the PUD boundary. The regulating plan shall be keyed to a set of standards developed based on location. This plan should consider how all modes of transportation will be accommodated, including pedestrians, bicycles, cars, transit, rideshare, etc. Detailed right-of-way cross sections shall also be included in this plan or as an attachment to this plan. 4. Streetscape and Hardscape Manual. A streetscape and hardscape manual shall be created that includes specifications for the following: sidewalk clear zones, landscape zones, supplemental zones including details regarding lighting fixtures, on-street parking, street furniture, landscape materials and other amenities. A streetscape map shall accompany this manual that identifies appropriate streetscape and hardscape designs for all streets, plazas, open space, locations for public art, etc., within the plan. 5. Architectural Pattern Book. An Architectural Pattern Book demonstrating approved building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as signs, mechanical systems, fencing, etc. The pattern book shall include renderings of proposed buildings. 6. To the extent that an approved ODS and ODP for a PUD contradict the UDO, the approved ODS and ODP for the PUD district governs. All other chapters govern, unless specific alternatives are proposed and written into the ODS as part of the amendment application. C.7. Applications shall include any additional information deemed necessary by the Community Development Director to determine compliance with Ordinance standards. D. Analysis of Existing Conditions. An analysis of existing site conditions, including a boundary survey and topographic map of the site that shall include information on all existing man- made and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement, and location of any existing buildings or structures on the lot shall be included. The analysis should include all buffers and other applicable standards of federal and state law related to maintenance and protection of wetlands and the banks of navigable waters of the federal and state governments. 1. Overall Master Plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, entrances, densities, parking ratios, open space, height, sidewalks, setbacks, under and over-head utilities, internal circulation and parking, landscaping, preliminary grading, lighting, drainage, amenities, and similar details and their respective measurements. 2. Phasing Plan. Should a PUD be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the time frame for construction and development of different aspects of the PUD. 3. Regulating Plan. A regulating plan shall be provided with street types and open space for all property within the PUD boundary. The regulating plan shall be keyed to a set of standards developed based on location. This plan should consider how all modes of transportation will be accommodated, including pedestrians, bicycles, cars, transit, rideshare, etc. Detailed right-of-way cross sections shall also be included in this plan or as an attachment to this plan. 4. Streetscape and Hardscape Manual. A streetscape and hardscape manual shall be created that includes specifications for the following: sidewalk clear zones, landscape zones, supplemental zones including details regarding lighting fixtures, on-street parking, street furniture, landscape materials and other amenities. A streetscape map shall accompany this manual that identifies appropriate streetscape and hardscape designs for all streets, plazas, open space, locations for public art, etc., within the plan. 5. Architectural Pattern Book. An Architectural Pattern Book demonstrating approved building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as signs, mechanical systems, fencing, etc. The pattern book shall include renderings of proposed buildings. 6. To the extent that an approved ODS and ODP for a PUD contradict the UDO, the approved ODS and ODP for the PUD district governs. All other chapters govern, unless specific alternatives are proposed and written into the ODS as part of the amendment application. 7. Applications shall include any additional information deemed necessary by the Community Development Director to determine compliance with Ordinance standards. E. Overall Plan or Standards Modifications. 1. Minor Modifications. The Community Development Director shall have the authority, in the administration of the PUD, to approve minor modifications of the Overall Development Plan or Overall Development Standards without a public hearing in a manner that is consistent with the purpose or intent of the overall development. Minor modifications are those changes which implement only slight alterations to the approved site design layout; which are made necessary by actual field conditions at the time of development; or which do not alter the impact of the development on nearby properties, nor the intent or integrity of the conditions as they were originally imposed. a. Any request for a minor modification of the ODP or ODS shall be made in written form to the Director. Furthermore, the request for a minor modification shall be accompanied by copies of the revised ODP and ODS. 2. Major Modifications. Any major modification to the site plan, or to conditions that were attached to an approved Overall Development Plan or Overall Development Standards, shall require an application and public hearing before the Planning Commission and the City Council, in accordance with the rezoning procedures of Chapter 109, Public Hearing Application, Review Procedures. Without limiting the meaning of the phrase, the following are examples of what constitutes a "major modification" for purposes of interpreting this section: a. The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property; if this causes an encroachment upon the required yard setbacks; b. Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building; c. Any change in any buffer requirement(s) that were imposed in the original zoning amendment; d. Any increase in the height of any building or structure; or e. Any change in the proportion of floor space that is devoted to different authorized uses. 2.8 Overlay Districts 2.8.1 Generally A. These overlay districts are superimposed on portions of one (1) or more underlying zoning districts that allow application of additional standards to accomplish a special Commented [EM17]: Consider renaming to “site plan amendment” or some type of “amendment” (LL) Commented [DS18R17]: Modifications include anything under C before it not just to the site plan purpose, for promoting the aesthetics of the City for the general public and the existing residents. B. Relationship to Underlying Zoning District Standards and Other Provisions of UDC. In any case where the standards and requirements of the overlay district conflict with those of the base-zoning district or with other provisions of the UDC, the standards and requirements of the overlay district shall govern. C. Applicability. Overlay districts are supplemental to the underlying zoning district classifications established in the UDC governing all properties and approvals within this overlay district. The provisions of this Section shall be overlaid upon and shall be imposed in addition to said underlying zoning regulations and other City ordinances. The Director is authorized to promulgate and enforce such rules, regulations, guidelines, and standards as may be reasonably necessary or desirable to give effect to the provisions of this section. D. Exceptions. The provisions of this Section shall not apply to the following development or activities, unless expressly stated herein: 1. Any application submittals and previous approvals lawfully issued permit, issued prior to the effective date of this ordinance, as long asin accordance with Section 1.5, Transitional Provisions;: a. Such permit has not expired prior to such effective date of this ordinance; b. Actual building or site construction commences prior to the expiration of said permit; c. Actual building or land development construction is carried on pursuant to said permit and is limited to work in strict accordance with said permit; and, d.1. Any future change in the use of the property or any structure thereon shall conform with the most recent version of the applicable overlay district. 2. Improvements and additions that are made to a single-family residence that was previously permitted and built on a lot of record prior to enactment of the ordinance from which this section is derived. 3. Construction of a single-family dwelling on an existing lot of record within a single-family residential subdivision with a final plat that was approved prior to the enactment of the ordinance from which this section is derived. The new construction shall be of a similar floor area, materials, architectural character, and design as the single-family dwellings on adjacent lots within the same subdivision. 4. Work that does not expand the floor area of an existing nonresidential building or structural capacity of the existing development, provided that: a. The structure is on a lot of record; and b.a. The modification activity does not affect a change to more than 20 percent (20%) of the existing permitted structure or 5,000 square feet, whichever is less.Nonconforming standards in accordance with Chapter 7, Nonconforming Standards. 5. Subsurface site improvements, including but not limited to installation or repair of underground utility lines and drainage ways. 2.8.2 PMU—Parkway Mixed Use Overlay District A. Purpose. The purpose of the Parkway Mixed Use Overlay (PMU) District is: 1. To promote the general health, safety, and welfare of the community where residents and visitors can live, work, eat, and play. 2. To promote economic development by diversifying the employment base for a stronger City. Commented [EM19]: Discuss removal of the density maximums previously included in the PMU overlay (45 du/acre, etc.) (GL) Commented [DS20R19]: Removed density maximum and density bonus as no other zoning district has a density -- we could add something that permits 2.8.2 smaller lot sizes based on amenities provided if you are wanting to retain this. 3. To improve public health and provide safe and efficient movement within the overlay district by promoting development patterns that encourage physical activity such as walking and bicycling. 4. To encourage a balanced mix of retail, professional, residential, civic, entertainment, and cultural uses. 5. To improve the efficient operation of traffic around the City. 6. To provide accessible and sufficient parking in an unobtrusive manner. 7. To create an attractive gateway that is aesthetically appealing and environmentally responsible. 8. To encourage innovative development projects that set standards for landscaping, open space, community design, and public amenities. 9. To establish consistent and harmonious design standards for public improvements and private property development within the overlay district so as to unify the distinctive visual quality of the City. B. Applicability. These regulations of the PMU Overlay District pertain to all properties which have frontage on one (1) or more streets, as identified and designated on the City’s Overlay District Map. C. Permitted Uses. Developments may contain a single use or a combination of uses arranged vertically within the same building or horizontally across multiple buildings and sites. Any use permitted within the underlying zoning district, including the MU and MUS districts, shall be permitted in the PMU Overlay District, subject to the standards of this Ordinance. Such uses or combination thereof, where listed as “Select Uses” shall be subject to the additional standards of this PMU Overlay District. D. Select Uses. The following uses shall be permitted within the PMU Overlay District only in accordance with the requirements of Section 2.8.2.D.2, Additional Requirements for Select Uses. 1. List of Select Uses. a. Fueling stations; b. Automotive service/repair/maintenance centers, minor; c. Car washes; d. Convenience stores. e. Restaurants with drive-through (a.k.a. "drive-thru") facilities or windows; or Commented [DS21]: Gordan “The existing PMU regulations expressly provide that the PMU Overlay District takes precedence over base zoning districts and other overlay districts. This provision has been removed. Please clarify which standards govern where the PMU overlaps with another overlay district, particularly where the applicable overlay standards conflict. The existing applicability provisions require high-rise and mixed-use buildings within the PMU to comply with the additional standards previously associated with the HighRise Mixed-Use Overlay District. This language has been removed. Please confirm whether these standards have been incorporated elsewhere in the proposed UDC or whether their removal is intentional.” Commented [DS22R21]: There is no overlap of overlay districts on your zoning map and 2.8.1 addresses the base zoning districts. Your current code incorporated any associated requirements from the high-rise mixed use overlay district and does not need to be stated since it was eliminated Commented [EM23]: Discuss reverting back to permitted uses withing C1, C2, OI, CCR, and MFR instead of as permitted by the underlying zoning district; could include MU and MUS to this list (GL) Believe our intent was to require appropriate rezonings to match desired uses within the overlay. Commented [DS24R23]: Same comment, according to the comprehensive plan the PMU areas overlap the areas for mixed use or high density residential so it appears this overlay needs to be stripped down. f. Other proposed select uses, to be determined acceptable by the Director. 2. Additional Requirements for Select Uses. a. A select use must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. b. Any existing nonconforming structures may not be enlarged or expanded. c. Building facades for both primary and accessory structures must be constructed of brick, stone, or other approved masonry by the Director on all sides. d. Fueling stations shall provide an equal number of electric charging stations as fuel pumps on the site, and covered canopies must be provided over all fuel pumps and electric charging stations. e. Select uses shall provide an acceptable means of access and internal site circulation, to be determined acceptable by the Fire Marshal. E. Prohibited Uses. The following uses shall be prohibited within the PMU Overlay District: Commented [DS25]: Consider establishing criteria for the Director's determination of additional “Select Uses” to provide an objective basis for administering this provision. [GL] Commented [DS26R25]: The criteria could be based off the frontage, traffic, etc. Leaving it like this allows the Director discretion and the applicant can always appeal that “interpretation” 1. Adult entertainment establishments. 2. Ambulance service. 3. Automobile broker (no vehicle storage), except for stand-alone office uses. 4. Automobile rental and leasing facilities. 5. Automotive service repair and maintenance facilities, major. 6. Building and lumber supply establishments. 7. Day care centers. 8. Funeral home, mortuaries, and crematoriums. 9. Greenhouses and nurseries, including landscape service. 10. Pawnshop, loan brokers, check cashing, and other than mortgage loan brokers. 11. Retail warehouses/wholesalers providing sales of merchandise (with or without outdoor storage). 12. Rooming and boarding houses. 13. Self-service storage, mini-warehouses, or warehousing and storage. 14. Personal care homes. 15. Tattoo and piercing parlors. 16. Trade shops, including electrical plumbing, heating/cooling, and roofing siding. 17. Truck terminals, truck trailer storage lots, truck parking lots, and truck repair. Commented [DS27]: The existing PMU prohibits “specialized housing facilities,” while the proposed language specifically prohibits “personal care homes.” Please confirm whether this terminology change is intended to narrow the prohibited-use category and whether other uses currently classified as specialized housing facilities remain prohibited within the PMU. [GL] Commented [DS28R27]: Specialized housing facilities include senior housing, cottage court and tiny house village which should be allowed in a mixed-use zoning district or overlay 18. Industrial uses, warehouses, and business distribution centers. 19. Tobacco, vape shops, and/or smoke shops. 1. The impervious surface area shall not exceed eighty-five percent (85%) of the lot area. Commented [DS29]: The existing PMU specifically prohibits “veterinary clinics,” while the proposed language prohibits the broader category of “animal care facilities.” Please confirm whether the intent is to prohibit all uses classified as animal care facilities within the PMU, rather than only veterinary clinics. [GL] 2. Stormwater Features. Bioretention planters, permeable paving, rain gardens, and other green infrastructure features are encouraged. Stormwater features shall be integrated into streetscape design wherever practical. Commented [DS30R29]: I would argue that a doggy daycare or boarding would be a more intensive use than a clinic which is why we categorized it as all facilities. If you would like it separated out, we can do that. 20. Animal care facilities. F. Site Design Standards. 3. Parking. a. Parking shall be located to the rear or side of buildings, where feasible. b. Parking lots shall be directly connected to a sidewalk leading to the main entrances of all buildings on the site, and they shall include marked crosswalks across interior driveways and vehicular aisle. c. The Director may approve a reduction of up to twenty-five percent (1025%) in the number of parking spaces required for a specific use where inter-parcel access is provided, and a shared parking analysis demonstrates that adequate parking will be provided. 4. Access. a. Adjoining properties shall be encouraged to share curb cuts to reduce interruptions to the sidewalks. b. Properties that are adjoining are required to have curb cuts to adjacent properties to create a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. b.c. Intersection crosswalks shall be constructed or stained concrete or brick pavers. Concrete pavers shall be stamped and stained to give the appearance of brick. 5. Landscaping. a. A minimum tree canopy cover of aAt least thirty percent (30%) shall be provide for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. The canopy percentages shall be calculated by including preserved and newly planted trees through delineation of polygon mapping for groupings and canopy projections for new plantings based on species specific data. Commented [EM31]: Discuss keeping or striking this language - sort of in conflict with Sec. 11.2 -- general admin variance section only allows up to 10% reduction: “The reduction of minimum parking spaces required is limited to a maximum deviation of ten percent (10%) of the code requirement.” Commented [DS32R31]: We can align the administrative section to 25% if desired or eliminate this and keep the 10% administrative variance. But yes they should match. a. of the paved surface area of each surface parking lot shall be shaded by mature landscaping within five (5) years of construction to provide a cool environment. b. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened in accordance with Section 4.7.5, Landscape Strips. c. All areas along the corridor which are not developed with buildings or prepared surfaces for parking, circulation, utilities or the like, shall be landscaped and maintained with ornamental plantings. These plantings should be native or drought-tolerant plants to minimize the need for irrigation. d. Green fields and wooded areas should be left as they are, until they are developed into another use. e. Paved areas of the site shall be limited in size to the area that is required to accommodate the intended use. 6. Exterior Lighting. a. Decorative lighting must be provided at all entrances, pathways, parking areas, and recessed areas. b. All exterior lighting fixtures shall use full cutoff luminaires to reduce both energy usage and glare, as well as prevent light pollution. c. Lighting shall be pointed at the ground or the building directly to prevent glare onto neighboring areas. d. Light fixtures, light pole bases, and poles, shall be consistent with each other, with the architecture of buildings (if any), and/or with the nearby street lighting. 7. Utilities. a. Utilities shall be located underground. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. G. Streetscape Standards. The streetscape along the major highways arterial or collector streets shall be divided into three (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and twenty (20) feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-of-way as approved by the Director of Public Works or on private property. 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Shall contain street treesStreet trees planted in accordance with Section 13.84.7.4, Street Trees. a. b. Benches shall be placed at a maximum distance of 500 feet from one another. c. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. b. Bicycle racks should be located at a maximum distance of 250 feet apart. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. c. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. d. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. e. Pedestrian-scale lighting should shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. Figure 2.8.2.G - Streetscape Standards H. Building Standards. 1. Height. The building shall be a minimum of two (2) stories and a maximum of twenty (20) stories. The first finished floor level shall be level with the sidewalk grade. 2. For parcels located in the Parkway Mixed-Use Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. a. Any use listed under LODGING; b. Any use listed under INSTITUTIONAL/PUBLIC; c. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; d. Any use listed under OFFICE; e. Any use listed under RETAIL; f. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; g. Any use listed under SERVICES; h. Exemptions. i. Standalone single-family detached and single-family attached uses (duplex, triplex, and quadplex buildings) shall be exempt from the provisions of this section. i. Development that is held in ownership by a government agency shall be exempt from the requirements of this section. Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Commented [EM33]: Potentially remove - as single fam detached is not permitted in the DT district on the use table. Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None j. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or out-patient clinic. 2. At least the first floor (sidewalk grade) of residential buildings in the PMU overlay district are required to be commercial space. 3. Setbacks. a. The required building setbacks of the underlying zoning district may be reduced, as approved by the Director, to encourage new commercial buildings to develop closer to the street. b.a. Buildings may be set back further to allow for an appropriate building frontage zone which may include balconies or steps, public plazas, outdoor dining areas, or additional landscaping. 4. Corner lots should be oriented to the corner and be used to create focal points at the four (4) corners of major street intersections. 5. When buildings are located adjacent to existing commercial developments that are set further back, a step-back design may be utilized to transition to the desirable setback pattern, reducing excessive variation. 6. Some form of protection is required at all retail frontage along the corridor for relief from inclement weather. This can take the form of awnings, canopies, or other accessory shade structures as may be approved by the Director. These structures shall be: a. Architecturally consistent with the building and be made of durable opaque materials such as cloth or canvas. The use of shiny, high-gloss, translucent materials such as vinyl or plastic is prohibited. b. The color shall be compatible with the building façade. c. The scale (height, length, depth and overall bulk) shall be compatible with the building storefront. d. Columns to the structures are not permitted in the public right-of-way 7. Building Entrance. a. All first story uses shall have a primary pedestrian entrance, which faces, is visible from, and is directly accessible from the sidewalk. b. All first-story businesses with more than sixty (60) feet of frontage along sidewalks shall provide one (1) pedestrian entrance for every sixty (60) linear feet of frontage or fraction thereof. I. Architectural Requirements. The following design guidelines and standards apply to all newly-constructed buildings used for nonresidential or residential purposes. 1. Design Composition. Formatted: Font: (Default) Calibri, Ligatures: None Commented [EM34]: Discuss removing this to allow standalone residential buildings - I think our intent was to require active commercial space in all buildings at the first floor; Gordon’s comment relates to the permitted uses statement: “Developments may contain a single use or a combination of uses arranged vertically within the same building or horizontally across multiple buildings and sites.” Commented [DS35R34]: We can match 2.8.3, G of the DTV? a. The use of a common palette of building materials should be maintained in the Department of Community Development for building facades to create a consistent and traditional architectural identity for the PMU Overlay District. Traditional architecture shall include, for example, the use of brick, pitched roofs, low-profile signage, and subdued colors. b. For large commercial/retail, mixed-use, and multifamily buildings, variations in facade, roofline, and depth should be provided to lend the appearance of multitenant occupancy. c. Contrasting accent colors on any single facade shall be limited to no more than ten percent (10%) of the total wall area for any single façade d. Permanent mounted exterior neon lights shall not be allowed. e. Buildings that are located on outparcels and all accessory buildings shall be constructed of materials complementing the principal building with which they are associated. f. Back-lit awnings, roof-mounted lights, and/or roof mounted flag poles are not permitted. g. Satellite dishes shall be located and painted to blend with the background as much as practical. h. All design and construction shall be subject to architectural review by the Director or to ensure adherence with the requirements and intent of this Section. 2. Exterior Finish Materials. Table 2.8.2.IG.2, PMU Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used, in combination, to create a consistent, attractive, interesting, and long-lasting building design: Table 2.8.2.I.2 – PMU Allowed Building Materials Building Material Requirement Brick1 or Stone2 Minimum fifty percent (50%) per façade Glass Permitted Tilt/Pre-Cast Prohibited Stucco Maximum fifty percent (50%) per façade Concrete Blocks Prohibited CMU/Split-Face Block Maximum ten percent (10%) per façade Natural Wood and/or Cementitious Prohibited3 Fiberboard Metal Prohibited Tile Prohibited Notes: 1. Brick veneers that are intended to simulate brick exteriors are not acceptableveneer walls shall use full-depth brick. 2. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. 3. Allowed for stand-alone residential buildings, provided such buildings have a minimum 4:12 roof pitch. Commented [EM36]: See comment regarding standalone residential uses Formatted: Pattern: Clear (Yellow) 2.8.3 DTV—Downtown Village Overlay District A. Purpose. The purpose and intent of the Downtown Village Overlay District are: 1. To recognize and affirm the function of the existing traditional downtown as the central focus of commercial, artisan, and civic activities within the community. 2. To allow the existing downtown to flourish, intensify, and expand wherever it may be appropriate, in a manner that is consistent with its traditional character. 3. To provide a local retail, service, artisan and civic center for the community. B. Applicability. 1. These regulations of the Downtown Village Overlay District shall take precedence over the regulations of all other districts, including the base zoning districts and any other type of overlay district. 2. The boundaries for the overlay are designated on the City’s Overlay District Map. 3. The requirements of this DTV Overlay District are not intended to apply to existing single-family residences. The requirements for such uses shall be those provided under the appropriate zoning classifications for such uses, except where single-family or multiple family use(s) are/is located in a building containing another non-residential permitted use in this district. C. Permitted Uses. All permitted uses as provided within the Downtown District (DT) are permitted uses in the DTV Overlay District. D. Special Uses. All special uses as provided in the Downtown (DT) District are special uses in the DTV Overlay District. E. Prohibited Uses. The following uses are prohibited in the DTV Overlay District: 1. Adult entertainment establishments. 2. Boarding and rooming homes. 3. Catering establishments. 4. Child and adult day care centers. 5. Consignment and thrift stores. 6. Family day care homes. Commented [DS37]: The existing DTV regulations expressly permit residential units located on upper floors above and/or to the rear of commercial and office uses. This provision has been removed from the proposed DTV standards. Please confirm whether these mixed-use residential configurations remain permitted under the proposed Downtown (DT) District standards or whether their removal is intentional. [GL] Commented [DS38R37]: Yes we made DT more of a mixed-use district and therefore residential can be stand alone Commented [DS39]: The existing DTV Overlay District identifies additional special uses, including bed and breakfast establishments, multifamily residential buildings, passenger depots/transit shelters, singlefamily residences, and container- and rail-based commercial structures. These DTV-specific provisions have been removed. Please confirm whether these uses and the associated standards for container- and railbased commercial structures have been incorporated elsewhere in the proposed UDC or whether their removal is intentional. [GL] Commented [DS40R39]: The IBC has industrialized buildings which we have identified in 4.4.2. Again DT is intended to be a mixed-use district therefore we defaulted to DT Commented [DS41]: Places of worship” are prohibited within the existing DTV Overlay District but have been removed from the proposed prohibited-use list. Please confirm whether the intent is to allow places of worship within the DTV Overlay District subject to the applicable DT District use regulations. [GL] Commented [DS42R41]: Prohibiting them is a RLUPIA violation if you allow other places of assembly which is why we removed it 7. Fueling stations. 8. Payday loan, title loans, money cash exchanges. 9. Public and private schools and related facilities. 10. Restaurants with drive-through facilities (a.k.a. "drive-thru") and/or windows. 11. Tobacco, vape shops, and/or smoke shops. 12. Tattoo and piercing studios. 13. Extended stay lodging. F. Temporary Uses. The following temporary uses are required to seek special event approval from the Director within the DTV Overlay District. The Director may impose specific calendar dates, times, or relevant conditions to the approval. 1. Carnivals, fairs, and other similar activities of a temporary nature. 2. Food trucks and similar temporary mobile vendors. 3. Outdoor recreational and/or educational opportunities. 4. Sidewalk sales. G. Required Ground Floor, Street Level Active Uses. 1. For parcels located in the Downtown Village Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. Any use listed under RESIDENTIAL; Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Underline Formatted: Font: Not Bold Formatted: Font: Not Bold 2. Any use listed under LODGING; 3. Any use listed under INSTITUTIONAL/PUBLIC; Formatted: Font: Not Bold 4. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; Formatted: Font: Not Bold 5. Any use listed under OFFICE; 6. Any use listed under RETAIL; Formatted: Font: Not Bold Formatted: Font: Not Bold 7. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; 8. Any use listed under SERVICES; Formatted: Font: Not Bold 9. Exemptions. Commented [EM43]: Potentially remove - as single fam detached is not permitted in the DT district on the use table. a. Standalone single-family detached and single-family attached uses (duplex, triplex, and quadplex buildings) shall be exempt from the provisions of this section. b. Development that is held in ownership by a government agency shall be exempt from the requirements of this section. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 10. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or out-patient clinic. G.H. Site Design Standards. 1. There shall be no outdoor storage of either materials or products. 2. Roadways shall be designed utilizing curb and gutter, in accordance with Chapter 16, Infrastructure Improvements. 3. Utilities. a. Utilities shall be located underground. Utility boxes, transformers, and mechanical equipment visible from public streets shall be screened with landscaping or architectural treatments. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4. Stormwater Features. Bioretention planters, permeable paving, rain gardens, and other green infrastructure features are encouraged. Stormwater features shall be integrated into streetscape design wherever practical. 5. Landscaping. a. Landscape beds shall incorporate drought-tolerant and native plant materials whenever feasible. Landscaping shall not obstruct pedestrian visibility or traffic sight triangles. Artificial turf shall be prohibited within required streetscape planting areas. b. Irrigation systems or comparable watering methods shall be provided for all required landscaping. 6. Lighting Standards. a. Pedestrian-Scale Lighting Required. Decorative pedestrian-scale lighting shall be provided along sidewalks, plazas, and pedestrian gathering areas. Fixtures shall generally be between twelve (12) and sixteen (16) feet in height. b. Design. Lighting fixtures shall maintain a coordinated downtown character. Cobra-head highway style fixtures shall be prohibited unless required by a state or federal agency. c. Illumination. Lighting shall be designed to improve public safety while minimizing glare and light trespass. Full cut-off fixtures are encouraged. d. Accent Lighting. Architectural lighting, façade lighting, and landscape uplighting may be permitted where designed to complement downtown character. 7. Crosswalks and Pedestrian Connectivity. a. Connectivity. Development shall provide direct pedestrian connections between buildings, parking areas, sidewalks, trails, and adjacent properties. Gated pedestrian barriers between compatible adjoining developments shall be prohibited unless required for public safety. b. Mid-Block Connections. Large developments or superblocks may be required to provide mid-block pedestrian passages where determined necessary by the City. b.c. Intersection crosswalks shall be constructed or stained concrete or brick pavers. Concrete pavers shall be stamped and stained to give the appearance of brick. Commented [DS44]: Criteria is typically based on site layout , traffic, etc. It is site specific which is why we left it at the discretion of the City 8. Outdoor Dining a. Outdoor dining shall be permitted within the overlay district subject to applicable encroachment permits and public safety requirements. b. Restaurant tables and chairs are permitted in the front setback but shall not be positioned so that their use blocks pedestrian flow. Within two (2) hours of the posted closing time, such tables and chairs shall be removed and stored inside the primary or accessory building. c. Outdoor seating areas shall utilize durable and coordinated furnishings, and include decorative landscaping or screening where appropriate. d. Public plazas, courtyards, pocket parks, and greenspace areas are encouraged. e. Outdoor dining or retail display areas shall maintain a minimum five (5) -foot accessible pedestrian path at all times. 9. Parking. a. On-street parking, either angled or parallel, may be provided along all public streets, unless otherwise determined by the Mayor and City Council. b. The Director may reduce the parking requirement by twenty-five percent (2510%). c. Off-street parking facilities shall be illuminated with downcast lighting using energy-efficient bulbs. H.I. Streetscape Standards. The purpose of streetscape standards is to: establish a safe, comfortable, and attractive pedestrian-oriented public realm; promote walkability; encourage coordinated downtown design and branding; improve connectivity between Commented [EM45]: See previous comment regarding parking reduction limit - 10% elsewhere under administrative variance section Commented [DS46R45]: These should be aligned. What is the preference 25% or 10%? We could also go in between at 20%? commercial, civic, residential, and public gathering areas; support economic development through vibrant and visually cohesive downtown environment; and promote accessibility for persons of all ages and abilities. The streetscape along the major highways shall be divided into two distinct zones consisting of a pedestrian travel zone and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Pedestrian travel zones along principal downtown streets shall have a minimum unobstructed pedestrian travel zone of ten (10) feet wide. Pedestrian travel zones along secondary streets shall have a minimum unobstructed pedestrian clear zone of eight (8) feet. The required width shall be measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works. a. Pedestrian travel zones shall consist of poured concrete, decorative concrete, brick pavers, or other durable materials approved by the City. Asphalt sidewalks shall be prohibited except for temporary installations approved by the City. b. Pedestrian travel zones shall be kept clear and unobstructed for the safe and convenient use of pedestrians. 2. A fixtures and planting zone shall be provided between the back of curb and pedestrian travel zone whenever feasible and located within the public right-ofway or as approved by the Director of Public Works. Developments with more than one hundred (100) linear feet of street frontage shall provide street trees planted in accordance with Section 13.84.7.4, Street Trees within the fixtures and planting zone and shall provide at least two (2) additional elements:of the following elements: a. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. b. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. c. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. d. Public art; d.e. Pedestrian-scale lighting shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. e.f. Public gathering elements; f.g. Decorative planters; g.h. Outdoor dining enhancements; h.i. Utility fixtures; i.j. Wayfinding signage; or j.k. Water features. Figure 2.8.3.IH - Streetscape Standards I.J. Building Standards. 1. Height. a. The maximum building height shall be four (4) stories or 55 feet with the first finished floor level being level with sidewalk grade. A height variance may be applied for in accordance with Chapter 10, Variances and Appeals. b. The minimum building height location at an intersection shall be three (3) stories or 45 feet with the first floor level being level with sidewalk grade. 2. Setbacks. a. Front Yard Setback. The front yard setback shall be a minimum of 0 feet from the curb and may be increased to 20 feet if additional space is landscaped as a garden or outdoor seating or dining area. Entries may be recessed up to 25 feet. b. Side Yard Setback (each side). The side yard setback may be zero (0) feet if attached to or abutting an adjacent building. Where not attached or abutting, the side yard building setback shall be a minimum of ten (10) feet, but not more than 20 feet in width. c. Rear Yard Setback. The rear yard setback shall be a minimum of 25 feet. If located within the historic downtown, the rear yard setback shall be a minimum of 55 feet. J.K. Architectural Requirements. All structures, except single-family homes, duplexes, triplexes, and quadraplexes, in this district must meet the minimum structural and architectural design standards that are listed below. These standards apply to new building construction and renovations, remodels, or expansions of existing buildings. 1. Design Composition. a. Architectural Features and Details. Exterior facades, including eaves, columns, pilasters, cornices, windows and window surrounds, canopies, fascia, and roofs shall be proportionate with the building and compatible with surrounding traditional buildings. The scale of new construction, including the arrangement of windows, doors, and other openings within the building facade, shall be compatible with surrounding traditional buildings. b. Colors. The colors that are to be used for exterior surfaces, including roofs, shall be harmonious with surrounding development and shall visually reflect the traditional concept of the Old Downtown. Incompatible colors include metallics, neon, and/or primary colors. c. Transparency. For a mixed-use building that has a nonresidential ground floor use, the minimum transparency shall be seventy (70%) percent of the total surface area of a façade facing any street. Alleys shall be exempt from the requirement. To calculate the minimum transparency percentage, divide the total transparent glass area by the total surface area of the facade then multiply by 100. d. Accessory Structures. All accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance as the principal structure. 2. Exterior Finish Materials. a. Table 2.8.3.KJH.2, DTV Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used. b. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel, corrugated metal, vinyl, plastic or fiberglass siding. Facia materials which rapidly deteriorate or become unsightly such as galvanized metal or unfinished structural clay tile, are not permitted. Table 2.8.3.KHJ.2 – DTV Allowed Building Materials Building Material Requirement Brick1 Minimum 100% on three (3) sides Brick1, Stone2, or Stucco Minimum 50% on the front façade Decorative Glass Permitted Decorative Block3 Permitted Architectural Concrete3 Permitted Pre-Cast Concrete Units3 Permitted Vinyl Permitted in the eaves, soffits, and gables Metal Permitted in the eaves, soffits, and gables Fiber Board Siding Permitted in the eaves, soffits, and gables Notes: 1. Brick veneers that are intended to simulate brick exteriors are not acceptable. 2. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. 3. Provided that surfaces are molded, serrated, or treated with a textured material in order to give the front side a three-dimensional character. CHAPTER 3: USE REGULATIONS 3.1 Use of Land A. All uses of land in the City of Stockbridge shall adhere to the Land Use Table as provided in this Chapter. The table shall be interpreted as follows: 1. The letter “P” shall mean the subject use is permitted in the indicated zoning district. 2. The letter “S” shall mean the subject use is permitted in the indicated zoning district following the issuance of a special use permit in accordance with Section 109.2.5, Requirements for Special Use Permits. 3. The letter “A” shall mean the subject use is permitted in the indicated zoning district as an accessory land use. 4. The letter “A/S” shall mean the subject use is permitted in the indicated zoning district as an accessory land use and with the issuance of a special use permit in accordance with Section 109.2.5, Requirements for Special Use Permits. 5. A blank box shall mean the subject land use is prohibited in the indicated zoning district. 6. The “See Section” column is provided for situations in which use-specific regulations apply to the subject land use. B. Land Use Table: Land Use See Section Formatted Table Formatted: Left P HI C2 C1 MU DT MFR CCR SRR3 S See Section LI Commercial Greenhouses and Plant Nurseries, including landscaping services Keeping or raising of livestock Livestock processing and feedlots Riding academies or stables Roadside produce stands Accessory dwelling unit (guesthouse, inlaw suite, apartment over garage) Duplex, Triplex, quadplex Home occupation Live-work unit Manufactured home Industrialized home Multi-family apartments and condos Single-family residences (detached) R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P S S P P S 3.2.110 P P 3.2.254 3.2.4 3.2.321 A A A P S P A P A P A P P P P P P A A A P P P P P P P P P P 3.2.2 P A P Formatted: Font color: Background 1 3.2.243 S A Formatted: Left P 3.2.221 Commented [EM47]: Do we want to permit single-fam detached homes in the DT district? Land Use See Section Formatted Table Formatted: Left S A A P S S S S S P P S P P P P S P S S P P HI LI P P P Title 9 S P 3.2.67 A S P P S P P P C2 P P A See Section C1 P MU P DT MFR SRR3 CCR Townhouse (feesimple only) Upper story residential Bed and breakfast (not in subdivision) Boutique Hotel Hotel Motel Short-term vacation rental Boarding/rooming house Personal care homes, group homes, and boarding home having 2 or less persons Personal care homes, group homes, and boarding home having 2 or more persons Nursing homes, assisted living, and hospice care facilities Senior adult housing Build-to-rent singlefamily development Tiny house village development Cottage court clusterhome village development Cemeteries R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P 3.2.298 S 3.2.298 S 3.2.276 P S P P P P P 3.2.365 3.2.87 P P P P 3.2.410 P P P P 3.2.121 S 3.2.98 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left P P P P P P 3.2.2019 P P P 3.2.176 P P S S P P P P P P P P P P P P P P P P P P P P P P P P S P S P P P P P S S S 3.2.3029 S S P S S S S S S P S S S S P S S S S S S S S S S S S 3.2.3029 3.2.3029 3.2.3029 3.2.3029 3.2.3029 3.2.3029 P P S S 3.2.3029 S S S 3.2.3029 S P S P S P HI S C2 C1 MU DT MFR CCR SRR3 See Section LI Funeral homes, mortuaries, and crematoriums Emergency response and public safety facilities Golf courses and driving ranges Municipal or county buildings Library or museum Public Parks and playgrounds Amphitheaters, theaters with live performance, assembly or concert halls, or similar Athletic fields Firing ranges Convention centers Civic centers Fairgrounds Clubs, lodges and event facilities Indoor recreation (bowling alleys, movie theaters and other activities conducted wholly indoors) Outdoor amusements (miniature golf, carnivals or midway rides, pony rides, R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P 3.2.210 P P S S Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Zonin g Distric t Table 3.1.B – Land Uses. MFR OI DT MU C1 P P P P P P P P P S P P P P P P P P P P S S HI CCR P LI SRR3 P C2 R2NR climbing walls, tracks for go-carts and similar vehicles, and other tourist-oriented rides and amusements) Places of worship Rodeos Colleges, universities, research and training facilities Public kindergarten, elementary, middle and high schools Private kindergarten, elementary, middle and high schools Private commercial/ vocational schools (including martial arts, dance studios, and other traditional technical or vocational training) Automobile brokerage (no vehicle storage) Automobile service, major repair Automobile service, minor repair Automobile sales and truck sales Automobile rental and leasing facilities See Section R1R Land Use P S P P S P 3.2.3029 3.2.3029 P P S P P P P P 3.2.3433 P P P P 3.2.343 P P P P P P P Title 9 P Title 9 S Title 9 P Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left LI HI C1 MU DT MFR CCR SRR3 See Section C2 Automobile wash and wax centers Commercial Drone Delivery Hub Fueling stations Recreational vehicle/boat sales and service Tire shops Contractor’s establishment (with material and equipment storage) General business or administrative office, (without storage) General Art gallery Farmer's market Grocery stores Hardware store or other building materials store Liquor or package store Pawn shops and second-hand stores, including apparel, music, movies, gaming, and books Pharmacy or drug store Small box discount stores R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. A/S A/S A/ S P S S S S P P P Title 93.2.14 3.2.1984 Title 9 P P P P P P P A P P P P P P P P P P P S P P P P S P P P P P P Title 9 P Title 9 P P P P P S P 3.2.3764 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Tattoo shops Used appliance shops Vape shops, hookah sales Accessory cafe or eatery within a building Brewpub, beer growler, brewery Bakery, confectionary, and cafe uses Catering establishments Cigar bars, hookah lounges Restaurants (nondrive-thru) Restaurants with a drive-thru configuration Specialty food stores (e.g., coffee, ice cream) Ambulance, taxi or limousine service, dispatch, and storage Bus or rail stations or terminals for passengers Airstrips, airports, and heliports Parking, commercial lot HI LI C2 See Section C1 MU DT MFR CCR SRR3 R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P A A A A A P P P P P P P P P P Title 9 Title 9 Title 9 A A P P P P P P P P P P P P P P P P S SP P P 3.2.5 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Zonin g Distric t Table 3.1.B – Land Uses. S S DT MU C1 C2 LI HI MFR CCR SRR3 S See Section OI Parking, commercial garage Parking, Truck lots (as distinguished from truck terminals and similar uses) Adult and child day S care Kennels S Veterinary clinics S Banks, credit unions or other similar financial institutions Barber shop/beauty salon or similar establishments Coin laundry, dry cleaning, and pickup stations Day spa Nail shops Fitness center Other Personal services establishment Photographic studios Publishing or printing establishments Dental offices and clinics Health services clinic, urgent care Home healthcare service, office use only R2NR R1R Land Use A A A A A P P P P P P P P P P P P P P P P P P P P P P P A P P P P P P P P P P P P P P P P P P P P P P P P P P P A P P 3.2.3 P P 3.2.4 3.2.4 Title 9 Title 9 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left P P P S P P P P HI P C2 C1 MU DT MFR CCR SRR3 See Section LI Hospital or medical facility Kidney dialysis center Medical or dental laboratories Physical therapy Agricultural implementation and equipment establishments Armory and equipment sales Alternative energy production (other than solar energy systems) Agriculture crop processing and storage (of materials produced off-site) Automobile/Truck manufacturing Asphalt and concrete batching plants Asphalt manufacturing Business distribution centers Blast furnace, steel furnace, blooming, or rolling mill Brick, tile, and terracotta manufacturing R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P P P P P P P P P Formatted: Left Formatted: Font color: Background 1 3.2.2321 9 P S S P S P S P P P P P 3.2.6 Commented [EM48]: Build out supplemental standards for this? Land Use See Section Formatted Table Formatted: Left LI HI MU DT MFR CCR SRR3 C2 A See Section C1 Clinics, cafeterias, employee credit unions and recreational facilities for employees only Computer and data processing services Centers for manufacturing, production, processing or assembly Central mixing plants for cement, mortar, plaster or housing materials Cement, lime, gypsum, or plaster manufacturing Chemical storage or manufacturing Data Center Heating and electric power generating plants and all necessary uses Fabrication shops Lumber yard for wholesaling of building products Machine and machine tool manufacturing Mines and quarries R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. A A A A P P P P 3.2.1098 S P P SP P P P P P P PS 3.2.132 3.2.2654 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Development of natural resources, including the removal of minerals (such as rock quarries) and natural materials, together with necessary buildings and machinery Petroleum or inflammable liquids, production, refining, or storage Poultry killing, plucking, and processing Railroad spurs and yards Railway lines, passenger depots, intermodal facilities, and rail yards Recycling centers for collection or processing Research, experimental, or testing laboratories Rock, sand or gravel distribution or storage Sawmills Sheet metal products Smelting of copper, iron, zinc, or ore Formatted: Left Formatted: Font color: Background 1 HI LI C2 See Section C1 MU DT MFR CCR SRR3 R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. S P S P P P P P P P P P P Commented [EM49]: Need to more clearly distinguish between these 2 or combine for supplemental standards to apply to both. Land Use See Section Formatted Table Formatted: Left Tinsmith/roofing operations Sanitary landfill Salvage yards or junkyards and wrecker services (with storage area) Self-service storage facilities Towing, wrecking, and impound service Warehousing or storage Wholesale business, warehouse, distribution, and similar non-processing storage and distribution uses Tractor trailer storage and trailer drop lots Truck terminals Truck, Trailer, Tractor sales and service Truck staging facilities Truck stops Truck storage facilities Radio/television transmission towers greater thanover 35 feet in height Radio tower under 35 feet or less in height HI LI C2 See Section C1 MU DT MFR CCR SRR3 R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P S P S S 3.2.3322 9 3.2.3542 P P P P P S S S S S S S S S P P 3.2.421 3.2.4138 3.2.432 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Ground-mounted SES, intermediate scale Ground-mounted SES, large scale Parking lot solar carports Accessory Structures Commercial Delivery Hub, Accessory Fences and walls Electric vehicle charging stations Gate and security buildings Outdoor storage Satellite dish antennas Swimming pools and pool enclosures Temporary buildings and Structures P P P P A S A S P A S P A S P A S P A S A P A S A S A A HI C2 C1 MU DT MFR CCR SRR3 See Section LI Transit park-and-ride lots Wireless telecommunications Utility substation (not to include electrical substations) Water tower Electrical substations Integrated SES Rooftop SES Ground-mounted SES, small scale R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P P P P P P P P A S S P P A S S P P A S P P P A S P 3.2.1540 3.2.3875 3.2.3875 3.2.3875 P P 3.2.3875 S S 3.2.3875 3.2.38 A A A A A A A A A A A A A A A A A A A 3.2.1 3.2.14 A A A A A A A A A A A A A A A A A A A A A A A A 3.2.1873 3.2.1651 A A A A A A A A A A A A A A A A A A A A A A A A A A A 3.2.2875 A A P P P P P P P P P P P P 3.2.40397 3.2.3986 Formatted: Left Formatted: Font color: Background 1 Figure 3.1.B - Tower with Antenna Height. 3.2 Supplemental Use Regulations 3.2.1 Accessory Structures A. Accessory structures shall generally be compatible with the surrounding neighborhood and consistent with the character and intent of the zoning district in which they are located. B. Walls and fences shall not be considered accessory structures. C. Accessory structures shall be located on the same lot as, and subordinate to, the principal use or structure. D. Standards for specific accessory structures are set forth below. All accessory structures shall comply with the standards that are set forth below: 1. Accessory structures shall be located within a side or rear yard unless otherwise provided below. In the RR1 zoning district, accessory structures may be located within the front yard if the land area of the subject lot is greater than or equal to three (3) acres and not part of a platted subdivision. 2. Accessory structures shall not be erected prior to construction of the principal structure, except for agricultural storage buildings located on lots in the RR1 zoning district if the land area of the subject lot is greater than or equal to three (3) acres. 3. Accessory structures shall be included in all calculations for impervious surface ratio or lot coverage standards, and for stormwater management standards. 4. Accessory structures shall not be located within any required buffer or landscaping area, parking lot, protected resource area, easements, or stormwater management areas. 5. Accessory structures located in any residential zoning district shall not be used for any type of commercial operation. 6. Accessory structures shall not be used as a dwelling unit, except as provided in the standards for accessory dwellings. 7. Accessory structures shall comply with the following requirements. Standard Formatted Table From side and rear property lines 10 feet Formatted Table For corner lots Front setback for district applies to both frontages Development Feature Setbacks: Maximum height: Agricultural support structures, barns, and silos None Airplane hangars, regardless of zoning designation 35 feet Separation from principal building: 10 feet Formatted Table Formatted: Font: Bold Formatted: Font: Bold Maximum floor area: On parcels equal to or greater than three (3) acres and located in the R1R zoning district No greater than the heated floor area of the subject principal building On parcels less than three (3) acres and located in the R1R zoning district No greater than 50% of the heated floor area of the subject principal building All other zoning Districts No greater than 50% of the heated floor area of the subject principal building Formatted Table 3.2.2 Accessory Dwelling Units A. Lot Requirements. Accessory dwellings units may be located on lots meeting the following minimum standards: 1. The lot shall comply with the minimum lot area requirements of the applicable zoning district. 2. Lots served by county sewer shall be a minimum size of 18,000 square feet. 3. Lots utilizing an on-site sewage management system shall be a minimum size of 30,000 square feet. B. Quantity. No more than one (1) accessory dwelling unit shall be established on a residential lot. C. Parking. A minimum of one (1) additional off-street parking space shall be provided for the accessory dwelling unit. D. All accessory dwellings units shall comply with all applicable building, fire, and health UDC requirements. E. All attached accessory dwellings units shall meet the following standards: 1. Location of entrances. Only one (1) entrance may be located on the façade of the principal dwelling facing the street, unless the principal dwelling contained additional entrances before the guest houseaccessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances serving balconies or decks. 2. Exterior stairs. Fire escapes or exterior stairs for access to an upper-level guest houseaccessory dwelling unit shall not be located on the front of the principal dwelling and shall be locatedsetback a minimum of five (5) feet from the front building façade. F. Freestanding or detached accessory dwellings units shall meet the following standards: 1. Accessory dwelling units are considered an accessory structure if detached from the principal building and shall comply with all accessory structure regulations found in Section 3.2.1, Accessory Structures. 3.2.3 Adult and Child Day Care Facilities A. All facilities shall comply with applicable State regulations and shall obtain and maintain all required State licenses and approvals. B. Facilities shall be located on lots containing a minimum of one (1) acre. C. All facilities must obtain a business license with the city and provide proof of State licensure to the City prior to business licensing D. Each adult and child day care center shall be subject to the following requirements when it is located within a commercial building or commercial zoning district: 1. Facilities shall have access to a roadway classified as a collector or higher in the adopted thoroughfare plan. 2. No day care home shall be located within one thousand five hundred (1,500)1,500 feet of another day care facility. 3.2.4 Animal Care Facilities A. Design standards for specific animal care facility uses are listed in the table below, to include the following use types: 1. Animal Hospitals. 2. Veterinary Clinics. 3. Kennels. 4. Stables. Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a freestanding building) Development Feature Standard Animals allowed Domestic pets, farm animals, and livestock; wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Consistent with the design, materials, and color of buildings in the surrounding area Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Formatted Table Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a multi-tenant building) Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Soundproofing required and odor-proofing required Animal boarding Prohibited Animal Care Facility: Commercial Kennel Formatted Table Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum land area Two (2) acres in the RR1 zoning district; one (1) acre in all other zoning districts Minimum building separation from parcels zoned or developed residentially 50 feet Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Formatted Table Animal Care Facility: Noncommercial Kennel Development Feature Standard Animals allowed Up to ten adult domestic pets, only; farm animals, livestock, and wild animals are prohibited Minimum land area Three (3) acres Limitations on zoning districts Allowed only in the RR1 zoning district Minimum building separation from parcels zoned or developed residentially 50 feet Formatted Table Animal Care Facility: Stables (to include riding academies, barns, and other facilities for farm animals and livestock) Development Feature Standard Animals allowed Farm animals and livestock Minimum land area Three (3) acres Minimum building separation from parcels zoned or developed residentially 50 feet Minimum setback from parcels zoned or developed residentially for outdoor tracks and exercise yards 100 feet Outdoor tracks and exercise yards Odor control required; pest control required Fences The parcel (three or more acres) shall be fenced. The outdoor track and each exercise yard shall be separately fenced. Formatted Table 3.2.5 Airstrips, Airports, and Heliports A. Airstrips, airports, and heliports shall comply with the following regulations: 1. Minimum acreage shall be fifteen (15) acres. Commented [EM50]: Should all such uses be by SUP? Commented [DS51R50]: They are permitted in HI and SUP in LI 2. An undisturbed vegetative buffer shall be provided along all property lines that abut property with a residential zoning classification, except where prohibited to provide access or utility easements, to screen sight or sound of activities from adjacent and nearby residential neighborhoods. The buffer shall be a minimum of one hundred (100)100 feet in width and shall meet all requirements of Chapter 13, Buffers, Landscaping, and Tree Protection. 3. The landing strip/runway shall not be paved. The use of permeable or pervious pavement materials shall be allowed. 4. AllThe private airstrips, airports, and helicopters [heliports] shall adhere to all applicable laws and regulations of the Georgia Department of Transportation (GDOT) and Federal Aviation Administration (FAA). 5. No commercial activities shall be allowed or permitted with any approved special use. The following uses are prohibited: Flight instruction, aircraft storage (other than hangars for use by the property owner), aircraft maintenance (other than by the property owner), aircraft fueling (other than for use by the property owner), and other similar commercial airport activities. 6. Only one (1) airstrip per special use permit shall be allowed. 7. A maximum of two (2) airplane hangars may be allowed even in the absence of a primary structure to any approved special use. 8. All hangars constructed shall be required to obtain a permit and approval from the Director and shall comply with any and all development and building regulations and standards. 3.2.6 Alternative Energy Production (other than solar energy systems) A. Ground mounted structures and components, including transformers and foundations, shall be considered impervious. B. Lighting fixtures at facilities shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. C. Buffers and Screening. All facilities shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. Formatted: Font: Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri The existing natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. D. Decommissioning. Decommissioning of a facility shall begin no later than 12 months after a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the facility and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the facility or to some other condition reasonably appropriate for the designated land use. E. All buildings and structures shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. F. Any facility shall be located no closer than 50 feet to any abutting parcels zoned or used residentially. G. Any large-scale facility building or structure shall be located no closer than 100 feet to any abutting parcels zoned or used residentially. H. Facilities shall display advisory signage to include the following information, at minimum: 1. A statement about the risks that may result from physical contact with, or entry into, the subject facility; 2. The owner or operator of the subject facility; and 3. A twenty-four-hour emergency contact phone number. 3.2.76 Bed and Breakfast Facility A. The subject building must be a minimum of ten (10) years old before a bed and breakfast facility may be established. The individual or family operating the facility must occupy the house as their primary residence. B. The owner or operator of a bed and breakfast facility may reside in an accessory dwelling unit on the subject property so long as said accessory dwelling unit predates the bed and breakfast building. C. A bed and breakfast may be staffed by individuals that do not reside in the subject building. D. Bed and breakfast facilities may be temporarily used for luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation, so long as the occupant count does not exceed 100 persons, provided the subject building has been approved to support that capacity, pursuant to applicable life safety requirements. E. Vehicular drop-off and pick-up areas that directly face and/or abut residential property shall be screened from said abutting property by an opaque vegetation that achieves a uniform height of six (6) feet no greater than three (3) years after the date of planting. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: Calibri Formatted: Font: Calibri Formatted: Font: Calibri F. No separate kitchen facilities shall be allowed. Breakfast may be served on the premises only for guests and employees of the bed and breakfast. G. The site design standards set forth in the table below are required for all bed and breakfast facilities. Development Feature Standard Maximum number of bed and breakfast guest units 6 Minimum heated floor area of subject building 3,500 square feet Maximum floor area which the bed and breakfast use may occupy within the primary structure, in relation to the homeowner's area 75 percent Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property H. Permits and Licensing. 1. Special use permits for bed and breakfast facilities shall not be transferable to any future owner of the subject property nor to any other person or entity. Upon transfer of ownership of the subject property, the special use permit shall expire. 2. All bed and breakfast owners and operators must apply for a business license permit and must maintain a valid business license. Renewals must be submitted annually before the operational permit expires. Business licenses are not transferable. 3.2.87 Built-to-Rent Single-Family Developments A. Build-to-Rent (BTR) means a residential development consisting of single-family dwellings in which more than ten percent (10%) of the units are constructed for the primary purpose of being leased rather than sold, typically under single ownership or management. B. BTR communities shall only be permitted in zoning districts expressly identified in the UDC and shall be considered a special use or conditional use as specified therein. C. There shall be no exterior evidence that dwelling is build-to-rent. D. Parking shall only be provided on hard surface areas on the property and shall not be permitted outside such hard surface areas consistent with the provisions of this title. There shall be no parking on the street, on neighboring properties, in the yard, or in the Formatted Table Formatted: Font: Bold right-of-way. Required parking shall be accommodated within driveways, garages, or other residential structures such as carports. Surface parking lots may only be used for guest parking that exceeds the minimum number of spaces required per unit. E. The property owner or responsible property manager shall, at all times, maintain their contact information posted in a conspicuous location near the primary entrance to the home. Such contact information shall also be allowed to be posted in a conspicuous location at a centralized management office, community entrance, or other common location provided such posting clearly identifies all applicable units for which the information serves. F. Developments with more than 15 BTR units shall be required to maintain an on-site property management office or staff presence to respond to resident concerns and ensure compliance with maintenance standards, to operate at minimum during regular business hours (Monday through Friday, 9:00 AM to 5:00 PM). However, information for an emergency contact shall be provided to assist during non-business hours. G. All BTR units shall comply with the City’s architectural and site design requirements applicable to the underlying zoning district. H. Only one (1) build- to- rent unit shall be permitted per lot, as a permitted principal structure. No accessory structure shall be considered a build-to-rent unit. I. All BTR units shall comply with applicable building, fire, and life safety UDCs and shall be subject to inspection. J. All BTR Developments shall be registered with the City through a formal licensing process. This process shall include, but is not limited to, the following: 1. The property owner or operator shall submit an application form provided by the City, which shall include the address listings of all BTR units, owner contact information, responsible property manager (if applicable), and proof of ownership or leasehold interest. If the owner or operator is a corporate or limited liability entity, the application shall also identify a registered agent residing in Henry County and affiliated with the company to receive official correspondence and notices of violation. 2. BTR licenses shall be valid for a period of twelve (12) months from the date of issuance. License holders must submit a renewal application prior to expiration, along with any updated contact or operational information. 3. A non-refundable application and renewal fee shall be paid at the time of submission, as established by the City’s adopted fee schedule. 4. BTR licenses are non-transferable and may not be reassigned to a new owner or operator without reapplication and approval. 5. Failure to comply with applicable regulations, including but not limited to occupancy, safety, noise, or parking provisions, may result in the suspension or revocation of the BTR license. Commented [EM52]: DS - should review K. All BTR Developments shall be required to obtain and maintain a valid business license in accordance with the City’s occupational tax regulations. This requirement is in addition to the BTR license and shall be renewed annually. L. All signage associated with Build-to-Rent developments shall comply with the standards for residential land uses established in Chapter 6, Sign Standards, including but not limited to permitted monument, directional, informational, and temporary signage. 3.2.98 Cemeteries A. A cemetery may include one (1) or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments, and a columbarium. B. A cemetery may include a chapel or place of worship when it is operated in conjunction with, and within the boundaries of, such cemetery. C. Site design requirements are listed in the table below. Standard Formatted Table Registered cemeteries (per State law) 10 acres Formatted Table With a structure requiring a building permit 2 acres Without a structure requiring a building permit 1 acre Development Feature Minimum land area: Minimum setbacks for structures, storage, materials, equipment, or interment lots: Front yard 40 feet Side yard 20 feet Rear yard 20 feet Adjacent to any parcels zoned or used residentially 50 feet Minimum road frontage 100 feet Minimum road frontage Formatted Table 100 et D. Location Requirements. 1. No cemetery shall erect any structures nor conduct any activities within 75 feet of any one-hundred-year floodplain, wetland, or state water. Formatted Table 2. No cemetery shall erect any structures nor conduct any activities within 150 feet of any water well, unless the well is not functional. E. Mausoleums and Columbaria. Mausoleums and columbaria may be located within the boundaries of approved cemeteries only. Mausoleums and columbaria shall have primarily brick or stone facades. F. No cemetery shall be established on any property that is not a lot of record. G. Access. The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, the site shall have direct access to a thoroughfare by way of an access way not less than 20 feet wide. H. Health Approval and Perpetual Care. 1. All cemetery applicants shall notify the Henry County Health Department of the intent to build a cemetery and shall submit a letter from the county health department identifying the location of the cemetery in relation to any known drinking water wells as part of the application process. The City shall not approve any new cemetery absent Henry County Health Department approval. 2. All cemetery applicants shall provide a perpetual care plan to the Community Development Department. 3.2.9 Centers for Manufacturing, Production, Processing, or Assembly 2. 3.2.10 Centers for Manufacturing, Production, Processing, or Assembly A. Applicability. This section sets forth specific site design standards required in addition to those of the zoning district in which the use is proposed, applicable to the following uses: Formatted: Font: (Default) Calibri 1. Asphalt and concrete batch plants; 2. Central mixing plants for cement, mortar, and/or plaster; and 3. Food processing plants. B. Performance Standards. No such facility shall generate vibrations or electromagnetic interference that are detectable on any adjacent properties that are not associated with the subject land use. The operation shall minimize disturbances and adverse impacts on surrounding properties using the best available technology. Applications shall demonstrate the methodology necessary to ensure that the operation of such facilities complies with all applicable federal, state, and local laws. C. Additional development standards for such uses are provided in the table below. Development Feature Standard Minimum land area 2 acres Formatted Table Minimum building or structure setback from any parcels zoned or used residentially 100 feet Minimum buffer width 40 feet Loading docks Screened from view of adjacent properties and the public right-of-way Outdoor storage Screened from view from adjacent properties and the public right-of-way. Setback a minimum of 200 feet from any parcels zoned or used residentially. Refuse and solid waste containers Enclosed, except for an access gate, and screened from view from adjacent properties and the public right-of-way 3.2.110 Commercial Greenhouses and Plant Nurseries A. Commercial greenhouses and plant nurseries shall comply with the site design standards provided in the table below. Development Feature Standard Minimum land area 1.25 acres Outdoor storage and loading areas Setback from residential properties a minimum of 75 feet. Fully screened, by opaque fence or solid wall, from any view from adjacent properties and the public rightof-way. Storage of loose materials, such as topsoil, compost, mulch, gravel, and similar materials Fully enclosed by a solid fence or solid wall. Stockpiles of loose materials shall be limited in height to the height of the fence or wall that screens them, up to a maximum height of eight (8) feet. Minimum buffer width 25 feet 3.2.121 Cottage Court ClusterHome Village Development A. A cottage court cluster development consists of a grouping of no fewer than four (4) and no more than 16 small attached or detached dwelling units oriented around a shared common open space and developed under a unified site design. A. Applicability. Review, and Site Plan Requirements. 1. A Cottage Home Village Development shall be permitted only in the zoning districts identified in Table 3.1, B, Land Uses and shall comply with this Section, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or certificate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit locations, setbacks, building separation, common open space, sidewalks and pedestrian connections, parking areas, refuse areas, utility layout, stormwater facilities, fire access, hydrant locations, landscaping, buffers, lighting, phasing, and proposed ownership and maintenance documents. 4. No Cottage Home shall be occupied until all required permits, inspections, utility connections, access improvements, and certificates of occupancy have been issued in accordance with applicable law. Formatted Table B. Density and Development Standards. 1. All cottage home village developments shall satisfy the following site design requirements. Standard Cottage Home Floor Area Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Building Code Treatment Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 60 square feet. Common Open Space At least 400 square feet per Cottage Home. Parking At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. C. Size. The development shall have a minimum site area of three (3) acres. D. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. E. Development Size. Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. F. Building Size Categories. For purposes of this Section, a Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. G. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. 1. A minimum of 400 hundred square feet of common open space shall be provided for each Cottage Home. 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. Formatted Table 4. Every Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. H. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. I. Landscaping. 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Cottage Home Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. J. Parking Design. 1. A minimum of two (2) off-street parking spaces shall be provided for each Cottage Home, unless a different parking requirement, reduction, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Cottage Home Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; c. Decorative fencing in combination with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configurations that complement the pedestrian-oriented design of the development. K. Setbacks. 1. Where a Cottage Home fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) feet. 2. Where a Cottage Home fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. L. Lot Design. 1. Lot dimensions within a Cottage Home Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Cottage Home Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. M. Utilities. 1. All Cottage Homes shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. N. Prohibited Uses. 1. The following shall not be permitted within a Cottage Home Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. O. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Cottage Home Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Cottage Home within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. P. Additional Development Standards. 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Cottage Home shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Cottage Home Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other low-impact development (LID) practices is encouraged to reduce stormwater runoff. All Cottage Home Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. Q. Design Standards. 1. Building Orientation. Cottage Homes shall be oriented toward a public street, private street, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. 2. Covered Front Porch. Each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residential-quality materials approved by the Director. Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. 5. Building Entrances. The primary entrance of each Cottage Home shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Cottage Homes shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. 11. Water Table Requirement. All side and rear elevations of cottage home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all cottage home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. R. Ownership and Maintenance. 1. Common open space and common facilities shall be required for all Cottage Home Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. 4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. B. Open Space. 1. A centralized common area shall be required for each development. 2. The common open space shall contain a minimum area of 400 square feet per dwelling unit. 3. The common open space shall include at least two of the following features: a. Open lawns or fields; b. Plaza; c. Community garden; d. Community building or clubhouse; e. Playground; or f. Community gathering areas (e.g. fire pit, seating areas). Common areas are to be maintained through the establishment of homeowners’ association or comparable maintenance entity. Before approval is granted, the developer shall submit covenants, deeds, and homeowners’ bylaws and other documents guaranteeing maintenance and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. 4. C. Parking Design. Surface parking areas shall be located to the side or rear of cottage court developments. 1. 2. Parking shall not be located between dwelling units and the common open space. 3. Large uninterrupted parking lots shall be prohibited. Pedestrian Access. Sidewalks and pedestrian paths a minimum of five (5) feet in width shall connect all units to parking areas, public sidewalks, mail facilities, and common open space. D. Utilities. All dwelling units shall be connected to public water and sanitary sewer systems unless otherwise approved by the City and applicable health authorities. E. F. Setbacks. A front setback of not less than 50 feet in depth shall be provided between any house and an adjacent access roadway. 1. All homes shall maintain a minimum separation of 10 feet from other homes within the development. 2. Buffer. A buffer not less than 20 feet in depth shall be provided between any house and an adjacent residential zoned or used property. G. H. Lot Design. 1. Each lot per dwelling unit shall contain a minimum of 900 square feet per dwelling unit. 2. The minimum width per lot shall be 18 feet. 3. The minimum depth per lot shall be 50 feet. I. Building Design. 1. Dwelling units shall front onto the common open space whenever feasible. Primary entrances shall be connected by pedestrian walkways a minimum of five (5) feet in width. 2. Exterior Materials. Exterior building materials shall consist of durable residentialquality materials including brick, stone, fiber cement siding, wood, or comparable materials. Reflective metal siding and exposed unfinished concrete block shall be prohibited as primary façade materials. 3. 4. Height. Dwelling units shall not exceed 35 feet in height. Elements. Houses and accessories/community buildings shall incorporate three of the following design features to provide visual relief: 5. a. Dormers; b. Gables; c. Pillars; d. Posts; e. Covered front porches; f. Recessed entries; or g. Cupola. 3.2.132 Data Centers A. Data Centers shall comply with the site design standards provided in the table below Development Feature Standard Minimum land area 20 acres Open Space 30 percent Formatted Table Minimum setbacks for all primary operational facilities and infrastructure, including data center buildings, electrical substations, emergency generators, and mechanical systems: Formatted: Font: Bold From any public right-of-way 200 feet Formatted Table Adjacent to a nonresidential use or district 100 feet From any residential structure 1,320 feet B. Accessory structures that do not generate noise or emissions may be allowed in a setback subject to City approval. No such structure may be located within a required buffer. C. Layout. The layout and orientation of buildings and associated equipment must minimize visual impacts on surrounding properties. D. Principal building facades are subject to approval by the City and shall comply with the applicable design standards set forth in this UDC. E. Mechanical Equipment Screening. All exterior mechanical, electrical, and operational equipment associated with a data center, including but not limited to generators, cooling systems, substations, and rooftop equipment must be fully screened on all sides by an acoustical barrier designed to reduce noise impacts on adjacent properties. The design, materials, height, and effectiveness of acoustical barriers are subject to approval by the City. F. Lighting design must incorporate dark sky principles, fully shielded fixtures, and measures to prevent glare or light spillage onto adjacent properties. This includes all site lighting, including security lighting, building mounted lighting, and any perimeter illumination. G. The following environmental performance standards must be met: 1. The maximum noise output at any property line adjacent to a residential district or use is 55 dBA between the hours of 7:00am to 8:00pm. At all other times the maximum noise output is 45 dBA. a. Testing of generators or other equipment is only allowed during the hours of 10:00am to 5:00pm, Monday through Friday. Testing is not allowed on any holiday recognized by the City of Stockbridge. 2. Open evaporative cooling systems are prohibited. 3. Refrigerants for system cooling must meet minimum Global Warming Potential (GWP) requirements. Monitoring for refrigerant leakage and remediating impacts of leakage during operations is required. 4. Building materials with low embodied carbon must be utilized. 5. Stormwater management shall comply with all applicable City standards and incorporate best available and feasible practices, including green infrastructure and low impact development techniques, where practicable, to ensure postdevelopment runoff meets or exceeds predevelopment conditions and minimizes downstream impacts. H. Open Space Required. All data centers must preserve at least 30% of the gross lot area as natural, undisturbed open space. Buffers, stormwater features, and passive recreation areas may be utilized to satisfy this requirement upon approval by the County. I. When a greenway trail has been planned by the City or County, it must be constructed on the site. J. Prior to the issuance of a land disturbance permit, a Development Agreement must be executed between the developer and the City. The agreement must, at a minimum, address the following: 1. Compliance with the maximum noise limits set forth in this section and the most current City of Stockbridge Noise Ordinance, including during normal operations and testing activities. On-site noise monitoring equipment must be installed and maintained as a part of the agreement. 2. Power and energy efficiency reporting (PUE, ERE, WUE). 3. The establishment of performance metrics to limit potable water consumption through the use of a closed loop or similar system designed to minimize consumption and eliminate continuous discharge or evaporative loss. 4. Ongoing metering of energy and water usage and transparency of grid impact during operations. 5. Decommissioning, change of use, and site restoration. 6. Financial assurances such as performance bonds, security bonds, decommissioning bonds, or escrow accounts sufficient to ensure site restoration, infrastructure removal, environmental remediation, and long-term compliance with approved operational standards. 7. Ongoing assessment of facility impact on surrounding air and water quality during operations, including transparency of results and effective remediation of negative impacts if identified. 8. Emergency coordination with Fire, Public Safety, and utility providers. 9. Environmental Impact Summary and Operations Management Plan, including a third-party environmental impact study evaluating air, water, noise, and operational impacts. 10. Documentation of coordination with electric and water utility providers, including evaluation of infrastructure capacity, required upgrades, and cost allocation measures, demonstrating that project-related system improvements and service demands are borne by the applicant and not shifted to existing customers, with mitigation strategies incorporated into the Development Agreement. 11. Emergency generator testing and operational protocols, including testing schedules, duration, and noise mitigation measures, to ensure minimal impact on surrounding properties. 12. Contribute to development of inclusive, accessible, and mixed-use community surrounding the project via community benefits packaging infrastructure upgrades and reinvestment strategies. 13.12. The use, storage, and management of batteries, fuels, backup power systems, or any hazardous materials associated with facility operations, including compliance with all Fire Marshal, EMA, and applicable life safety requirements. 14.13. How the project will contribute to the development of an inclusive, accessible, and mixed-use community surrounding the project via community benefits packaging infrastructure upgrades and reinvestment strategies. K. Relief from the standards of this Section may only be granted by the Mayor and City Council. 3.2.143 Drone Delivery Service A. Certifications and Requirements. The Federal Aviation Administration (FAA) has exclusive jurisdiction over aviation safety and the efficient use of the national airspace, including the operation, flight paths, and altitude of unmanned aircraft systems (UAS), commonly referred to as drones. The city seeks to clarify the jurisdictional boundaries between federal and local authority regarding the operation of unmanned aircraft systems (UAS), specifically those used for commercial delivery services, and to ensure local regulations are consistent with federal law 1. All drone delivery services operating within the City of Stockbridge must comply with FAA regulations, including, but not limited to: a. Part 107 of Title 14 of the UDC of Federal Regulations (CFR) governing commercial drone operations. b. Remote identification requirements under Part 89. c. Registration and marking requirements under Part 48. d. Operational limitations such as maximum altitude, line-of-sight requirements, and restrictions on flying over people or moving vehicles. e. All pilots must obtain and retain a remote pilot certification from the Federal Aviation Agency as required under 14 CFR part 61. 2. Drone delivery service is allowable by special administrative permit. Commented [EM53]: Is this an existing permit? B. Use Standards for Commercial Drone Delivery Hub. 1. Commercial drone delivery hubs may be permittedare allowed by special administrative use permit in the C-2, C-3, LI, and HI districts when the requirements of this section are met. 2. A The commercial drone delivery hub established as a primary use shall be limited to no more than ten thousand (10,000)10,000 square feet in total floor area. 3. Commercial drone delivery hub may be allowed permitted as an accessory use, by special use permit, for food/grocery store, restaurant/cafeteria, retail store, shopping center, superstore, drug store, or warehouse/distribution center use in any district when the requirements of this section are met. Formatted: Not Highlight Commented [EM54]: Not permitted as standalone on the use table Formatted: Not Highlight a. A commercial drone delivery hub established as an accessory use shall be limited to When a detached accessory building for a commercial drone hub is less than one hundred thousand (100,000) square feet is occupied or intended to be occupied for an accessory commercial drone delivery hub, the floor area is limited to a maximum of ten percent (10%) of the total floor area of the building containing the primary use, or 10,000 square feet, whichever is less. 4. The drone staging area must be designated on an approved site plan. As accessory use, the drone staging area is limited to ten percent (10%) of the total lot area. The drone staging area must not be placed: a. Within any required building setbacks; b. Within any required landscape edge; c. Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or required loading zones and parking spaces; or d. So as to obstruct visibility or interfere with pedestrian or vehicle circulation. 5. A drone staging area located inside of or on the roof of the building containing the primary use is not subject to this limitation. When a drone staging area is located on top of a building: a. Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements; and b. Any additional structure, parapet wall, screening, safety railing, or other appurtenance associated with the commercial drone delivery hub is subject to the maximum height requirement of the district, except a single mast up to ten (10) feet in height for a windsock may exceed the maximum height requirement; and. c. When located at grade, any goods, materials, containers, trailers, or other equipment must be screened. Landing pads are exempt from this screening requirement. d. Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements. C. Noise Restrictions. The drone staging area for a commercial drone delivery hub shall not be located within three hundred (300)300 feet of any property upon which a school, dwelling, retirement and supportive housing facility, or public park is located. 1. The drone staging area for a commercial drone delivery hub shall not be located within three hundred (300) feet of any property upon which a school, dwelling, retirement and supportive housing facility, or public park is located. The threehundred-foot buffer requirement may be reduced to one hundred fifty (150) 150 feet shouldif Mayor and Ccity cCouncil finds that issuance of the specific use Commented [EM55]: Do we want to allow this reduction? permit would not be detrimental or injurious to the public health, safety, or general welfare of the neighborhood. 2. The measurement of the required buffer is to be made in a straight horizontal line from the edge of the drone staging area to the closest property line of a property containing a school, dwelling, retirement, and supportive housing facility use, or public park. D. Parking. 1. In addition to the requirements of this Section, parking for drone delivery service uses shall comply with Chapter 5, Parking Requirements. 2. Loading spaces shall be provided for a commercial drone delivery hub. Loading spaces are not required for an accessory commercial drone delivery hub use. E. Security. 1. The commercial drone hub at grade shall be enclosed with a fence consisting of masonry, decorative iron, or chain link that is coated with black vinyl. 2. The commercial drone hub shall deploy utilize a three -hundred -sixty360-degree flock security camera system, with twenty-four-hour monitoring. Such monitoring shall include continuous recording and/or twenty-four-hour active monitoring by personnel or other adequate monitoring service, as approved by Mayor and City Council. F. Operating Hours. Delivery operations shall be limited to the operating hours of the principal retail establishment from which deliveries are initiated. No drone delivery operations shall occur outside of the principal business's regular hours. 3.2.154 Electrical Substations A. All electrical substations shall be fully enclosed on all sides with a solid fence, equipped with a gate, or fully screened with a landscaped buffer that meets the standards listed in the table below and in accordance with Chapter 13, Buffers, Landscaping, and Tree Protection. Development Feature Standard Minimum buffer width 25 feet Minimum tree density One (1) tree for each 25 linear feet of buffer Minimum shrub density One (1) large screening shrub for each eight (8) linear feet, plus continuous hedge consisting of double staggered rows of shrubs 3.2.165 Electric Vehicle Charging Stations A. Electric vehicle charging stations may beare permitted for as an accessory use in all zoning districts. A permit shall be required to install any electric vehicle charging Formatted: Underline Formatted Table stations, except for private charging facilities on parcels containing single-family residences that are intended for the residential occupants and not for profit. B. Electrical vehicle charging stations may collect fees for the use of an electric vehicle charging station made available to residents, employees, and visitors to the property. Formatted: Font: 12 pt B. C. Residential developments which exceed 150 dwelling units shall provide at least one electric vehicle charging station (pedestal) spaces in accordance with Section 5.8.2, D. 3.2.176 Emergency Response and Public Safety Facilities A. All emergency response facilities shall comply with the following requirements. Development Feature Standard Minimum setback from any parcels zoned or used residentially 100 feet Minimum buffer width 20 feet when located adjacent to any parcels zoned or used residentially 3.2.187 Fences and Walls A. General standards for the installation and maintenance of fences and walls shall be satisfied as provided below. 1. In the event of a conflict between the contents of this section and any overlay district within the City, the stricter requirements shall control. 2. No privately-owned fence or wall shall be installed within any public street rightof-way or within any city-owned area. 3. No fence or wall shall block access to utility easements between lots. 4. No fence or wall shall be installed so that it obstructs the sight vision at any street intersection, or if it in any way creates a hazard to traffic. 5. No fence or wall shall be installed as to limit access to a property for emergency purposes. 6. If a fence is designed so that its structural supports are primarily on one side, that side must always be toward the interior of the fenced property. 7. If a fence or wall is required by any governmental authority to provide for the safety and security of the residents of the City, that fence or wall shall not be removed or otherwise left in an unsafe condition for any reason without the approval of the city manager, and without proper precautions being taken to provide for continuous protection. 8. It shall be the responsibility of the owner of the property on which a fence or wall is located to maintain that fence in good and proper repair so that at all Formatted Table Commented [EM56]: Are retaining walls covered somewhere else or by other codes? times it presents a neat and orderly appearance to surrounding property owners and to the general public. 9. Any fence or wall that is damaged by accident or an act of God shall be properly repaired within ninety (90)90 days of the date of damage. Fencing required for public safety purposes shall be repaired within thirty (30)30 days of the date of damage. B. Fence Design Standards. 1. All fences within the City shall be constructed of pressurized wood (including cedar, cypress, or pine), brick, wrought iron, or chain-link. 1. a. In the event the fence is constructed of chain-link, all exposed metal parts must be vinyl-coated or painted. Formatted: Font: 12 pt a. Formatted: Font: 12 pt 1.b. Chain-link fences in residential zoning districts shall not be visible from any abutting right-of-way. 2. No fence or portion of a fence shall exceed six (6) feet in height in a residential district. 2. 1.a. Fences enclosing athletic courts and fields, such as basketball courts Formatted: Font: Calibri and tennis courts, shall not exceed 12 feet in height. This regulation shall control over conflicting fence height standards in this Section. B.3. No fence that is installed in a residential front yard shall be greater than four (4) feet in height. C.4. No fence or portion of a fence shall exceed eight (8) feet in height in any commercial or industrial district except for the containment of swimming pools or athletic courts. D.5. Barbed wire, razor wire, concertina wire, and similar fencing materials and treatments shall be prohibited. E.C. Temporary Fences. The Director may permit the installation of a temporary fence of material which is not otherwise allowed under this section at a construction site, if it is felt that the fence would be necessary to protect the public safety or would be necessary to provide proper security for the site. A temporary fence shall remain in place for no more than one (1) year and must comply with the following conditions: 1. Temporary fences shall not exceed six (6) feet in height if they are located within any setback area; and D. Retaining Wall Design Standards. Formatted: Font: Not Bold 1. No retaining wall shall exceed 4 feet in height within 10 feet of a front property line. 2. Walls visible from an adjoining property shall be tiered so that no single tier is taller than 20 feet. 3. Retaining walls visible from the public right-of-way shall be faced with stone, brick, or textured cement masonry. Formatted: Font: Not Bold F.E. Permit. A fence permit shall be required for all work performed in association with the construction, alteration, or relocation of a fence or wall, except where otherwise specified herein. Fences and walls for which a fence permit is not required: 1. Repairs. Repairs to an existing fence or wall with no structural changes. 2. Replacement. Replacement of an existing fence with a new fence that is the same type and height and in the same location as the existing fence; provided the replacement fence is otherwise in full compliance with this chapter. 3. Gates. The installation of gates of up to eight (8) feet in width in an existing fence or wall with no structural changes. 4. Applications for fence permits shall be made upon forms provided by the Community Development Department. The following information shall be provided with the application: 4. a. A site plan depicting: Formatted: Font: 12 pt a. i. Existing and proposed fences and walls; ii. Existing structures; iii. Easements; and b. Required setback dimensions.Existing and proposed fences and walls; c. Existing structures; d. Easements; and e.Required setback dimensions. iv. Formatted: Font: 12 pt b. Construction details of the proposed fence or wall with all appropriate dimensions shall also be provided. 1.c. Engineered stamped plans for retaining walls over four (4) in height. Formatted: Font: 12 pt 2.d. Written consent of all adjacent property owners, or a certified survey verifying the location of lot boundaries, if a fence or wall is proposed to cross or overlap a property line. 3.e. Other information that the Director may be required to show full compliance with this Chapter. 3.2.1918 Fueling Stations A. The contents of this subsection apply to all properties containing the sale of gasoline, diesel, or other vehicle fuels, except for electricity, as a business function. B. Fueling stations may function as primary land uses with one or more of the following accessory land uses present: retail sales of automotive accessories; sale of food and sundries; convenience store; inspection stations for emissions; or manual/hand car washes. C. No fueling station shall be located less than eight hundred (800)800 feet from any other fueling station. This distance requirement shall be measured in a straight line from property line to property line of another existing fuel service station. D. Fueling stations, whether operated as a primary or accessory land use, shall abide by the following development requirements. Development Feature Standard Formatted Table Minimum Setback: Formatted: Font: Bold Minimum Setback: Separation of all fuel canopies or fuel islands from any parcels zoned 40 feet or used residentially Formatted Table Site access Access drives shall be a minimum of 20 feet from the intersection of street right-of-way lines Minimum buffer width 25 feet when located adjacent to any parcels zoned or used residentially; said buffer shall include a solid wall or solid fence not less than six (6) feet in height E. A fueling station must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. F. Nothing in this subsection shall be construed as to provide exemption or relief from any requirements of this UDC or any other local, state, or federal regulations. G. All buildings on any property containing a fueling station must have all facades consisting of primarily brick or stone. H. All fueling stations must be accompanied by, or located on a parcel with, a building with a heated floor area of no less than five thousand (5,000)5,000 square feet. This building shall contain at least two (2) suites. 3.2.2019 Funeral Homes, Mortuaries, and Crematoriums A. All funeral homes and mortuaries, with or without crematoriums, shall satisfy applicable assembly use restrictions and provide designated and adequate off-street vehicle queuing space pursuant to the facility capacity: 1. Facility containing less than 100 seats: Minimum one queuing area at least 100 feet in length. 2. Facility containing between 100 and 200 seats: Minimum one queueing area at least 150 feet in length. 3. Facility containing greater than 200 seats: No less than ten (10) linear feet of queueing area for every ten (10) seats, rounded up to the nearest ten linear feet. No queueing area less than 100 feet in length shall count towards satisfying this requirement. In no event shall greater than 500 linear feet of queuing area be required. 3.2.210 Golf Courses and Driving Ranges A. The following land uses shall be considered accessory to a golf course or driving range, provided they are secondary to the principal function of the property as a golf course or driving range: 1. A clubhouse, which may include the sale of sports equipment, golf accessories, and food and beverages. 2. An equipment building for maintenance, minor repairs, and storage B. All golf courses shall be par three (3), executive, private, semi-private, or regulation. C. Site design standards for golf courses and driving ranges are provided in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum building/structure setback from any parcels zoned or used residentially 100 feet Safety netting for driving ranges Required on the entire perimeter of the playing area abutting public streets or any adjacent property; Minimum of 40 feet in height. Outdoor lighting for driving range, tees, greens, and fairways Directed and shielded to avoid illumination of properties used or zoned for residential purposes. Exterior lighting shall be downcast of moderate Formatted Table brightness and shall not cause glare on any abutting property. Outdoor lighting shall be turned off not later than 10:00 p.m. Loudspeakers or paging systems Prohibited Outdoor storage and loading areas Fully screened from view from adjacent properties and from the public right-of-way Golf cart crossings Shall be plainly marked and located for safety of both the cart users and persons using sidewalks or streets that are crossed. 3.2.221 Home Occupations A. Exclusions. The following uses are not considered home occupations and are not subject to the home occupation regulations of this section. Each use is allowed as indicated in the land use table and shall be subject to applicable use regulations outlined in this UDC. 1. Personal Care Homes. 2. Day Care. 3. Bed and Breakfast. 4. Short-Term Rentals. B. Prohibited Home Occupations. The following uses are expressly prohibited as home occupations: 1. Any type of assembly, cleaning, maintenance, or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators); and, 2. Dispatch centers or other businesses where employees come to the site and are dispatched to other locations; and, 3. Vehicle sharing and rental services, including but not limited to the rental, lease, storage, staging, dispatch, pickup, or return of motor vehicles by persons not residing on the property, including peer-to-peer vehicle sharing or similar services; and, 4. Equipment or supply rental businesses; and, 5. Taxi, limo, van, or bus services; and, 6. Tow truck services; and, 7. Moto vehicle sales or rentals, remote; and 8. Firearms sales establishment; and, 9. Eating or drinking places; and, 10. Funeral or interment services; and, 11. Animal care, grooming, or boarding businesses; 12. Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and 13. Family day care centers, as defined in this UDC. C. All home occupations shall be subject to the following requirements: 1. Only the residents of the dwelling may be engaged in the home occupation. 2. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the residential character of the building. 3. No display of products shall be visible from the street except agricultural products that are grown on the premises in a RR1 zoning district. Only products that are produced or harvested on the premises may be sold on the premises. 4. No signs shall be allowed for identifying the premises as a home occupation, except in the RR1 district. 5. Use of a dwelling for a home occupation shall not exceed twenty-five percent (25%) of the total heated floor area. 6. No interior or exterior alterations that are inconsistent with the residential use of the building shall be permitted. 7. No outdoor storage of materials to be used in connection with a home occupation is permitted, except in an RR1 district, where outdoor storage is permitted behind the rear plane of the principal building. To the extent that large or hazardous materials are used by a home occupation, the applicant shall be required to store such materials at a site other than the home occupation, consistent with applicable zoning and land use laws. 8. No accessory buildings shall be used in connection with the home occupation except for agricultural functions. 9. Applicants shall not be allowed to have customers visit the home occupation, except as follows: a. The conduct of a home occupation involving rendering of services, such as those listed below, will be allowed subject to the following limitation(s): i. Instruction in music and similar subjects, beauty shops, barber shops, manicurists, and similar occupations shall be limited to two (2) clients at a time, subject to further restrictions for certain types of businesses. Formatted: Font: 12 pt b. Any service provider conducting a home occupation under this section shall not be allowed to market and sell goods or products on the premises of the home occupation. c. Nothing in this section shall preclude the owner of a home occupation from meeting customers at a site other than the home occupation, consistent with applicable zoning and land use laws. 10. Only passenger vehicles, pickup trucks, vans, and trailers that are pulled by such vehicles may be used in connection with the management of a home occupation. trailers shall be stored in a garage or accessory structure when they are not in use, and no vehicle or trailer shall feature commercial advertising or marks identifying a commercial use of said vehicle. 11. All home occupations shall obtain an occupational tax certificate, or business license, from the city. The City Clerk is hereby authorized to accept applications and either grant the same if an applicant demonstrates compliance with the requirements of this section or refer the matter to the Mayor and City Council for action. 12. Agricultural activities that are associated with the raising of crops and farm animals on properties which are over three (3) acres in size shall not be subject to the requirements for home occupations. 13. The city reserves the right to establish sanitation rates for home occupations that are higher than those for residential customers generally. All home occupations shall pay for sanitation services at the higher rate, and in a timely manner, or face the revocation of a previously-issued occupational tax certificate, denial of the rights to engage in a home occupation in the future, or any other civil penalties that are authorized by law. 3.2.232 Hospitals A. Site design standards for hospitals are provided in the table below. Development Feature Minimum site area Minimum setbacks, at side and rear property lines Emergency vehicle access Standard Five (5) acres Formatted Table 50 feet Shall not face residentially zoned properties Formatted: Normal 3.2.243 Keeping or Raising of Livestock A. The keeping or raising of livestock shall not occur on any lot measuring less than three (3) acres. B. The keeping or raising of animals or fowl shall be subject to all regulations of the Henry County Health Department and the Henry County Animal Control Ordinance. 3.2.254 Livestock Processing and Feedlots A. Livestock processing and feedlots shall meet applicable State and Federal standards for confinement feeding operations. B. A planted buffer no less than one hundred (100)100 hundred feet in width is required at all side and rear property lines. 3.2.265 Mines and Quarries A. Where an existing quarry is proposed for extension or expansion beyond the property lines of the quarry area, such extension or expansion shall be considered as a new operation and require a special use permit, subject to the standards that are set forth in this section. B. The area where mining or quarrying operations are conducted shall be fully enclosed with a fence or wall, and they must meet the following requirements: 1. The fence or wall shall be located at least ten (10) feet from the edge of any excavation. 2. The fence or wall shall be designed and installed to ensure safety and security of the site, maintaining a minimum height of eight (8) feet. C. Product piles, spoil piles, or any other accumulation of by-products shall not exceed thirty-five (35) feet in height above the original contour of the site. D. A mining land use plan, conforming to the requirements of Federal and State law, shall be required prior to the approval of any mining or quarrying activity. 3.2.276 Nursing Homes, Assisted Living, and Hospice Care Facilities A. Prior to the establishment of a nursing home, assisted living, or hospice facility, the applicant shall complete the formal application process. Each application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of the facility from the State of Georgia Department of Community Health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable State and Federal laws and regulations and with all UDCs and regulations of the city. B. All application forms and information submitted to the State of Georgia Department of Community Health shall also be provided to the City at the time of application. C. The Director may require clarification or additional information from the applicant that is deemed necessary to determine whether operation will meet applicable laws, regulations and development standards. D. If the Director determines that an application to operate the facility is in compliance with the applicable requirements, they shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of the facility from the State of Georgia Department of Community Health. E. No permit for the operation of the facility shall be transferable. F. No nursing home, assisted living, or hospice facility shall be located within one thousand (1,000)1,000 feet of any other facility of the same type. Distances shall be measured in a straight line from the closest property lines upon which each facility is located. G. All such facilities must provide at least eighty (80)80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of such facilities, whichever is greater. H. The site design standards presented in the table below are required for nursing homes, assisted living, and hospice care facilities. Development Feature Minimum site area Minimum setbacks at side and rear property lines Place of operation Number of children or adults Hours of operation Minimum buffer width Standard One (1) acre Formatted Table 50 feet Freestanding structure, or within a religious facility provided a special use permit has been obtained Two (2) or more to be operational Required to be open for 24 hours (with 24-hour supervision required for all residents) 50-foot planted buffers, when located adjacent to R1, R2, R3, CCR, MFR, and MHR a residential zoning districts Formatted: Normal 3.2.287 Outdoor Storage A. The outdoor storage regulations of this section apply to the storage of goods, materials, and equipment as an accessory use to commercial or industrial use types, as identified on the land use table, when located outside of enclosed buildings, including but not limited to: 1. Materials in boxes, in crates, or on pallets. 2. The storage of vehicles and engine powered devices for greater than 24 continuous hours. 3. Construction, landscaping, and contractor equipment. 4. Fleet vehicles and moving vehicles. 5. Construction and landscaping materials such as lumber, pipe, steel, dirt, mulch, recycled material, or similar items. 6. Garbage, landscape waste, and rubbish. B. On lots in the RR1 district, accessory outdoor storage shall not occur on parcels less than two (2) acres in land area. C. Accessory outdoor storage shall not be located within any minimum required front yard and shall not extend closer to the front property line than the front plane of the principal building located on the subject property. D. Accessory outdoor storage areas shall be fully enclosed at minimum by a fence not less than six (6) feet in height containing opaque material to provide visual screening. Operable fleet vehicles do not require screening. E. Accessory outdoor storage shall not occur within any minimum required landscape strip or zoning buffer. F. The following principal land use types shall be exempt from the provisions of this section, provided they meet other applicable requirements of this Chapter: 1. Bona fide car dealerships that are registered with the State. 2. Junk yards and salvage yards. 3. Truck staging facilities. 4. Truck storage facilities. 3.2.298 Personal Care Homes, Group Homes, and Boarding Homes A. Each personal care home, boarding home, and group home shall be subject to the following requirements: 1. All regulated facilities shall comply with State regulations, building UDCs, and life safety requirements, and acquire applicable State licenses, prior to operation. 2. The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs shall be erected. 3. All facilities must apply for and receive a city business license prior to operation. 4. The following development requirements shall also be satisfied, outlined in the table below. Development Feature Standard Minimum site area Residential—1 acre Non-residential—30,000 square feet Minimum distance from similar facility 1,500 feet Fence requirement In residential districts, properties must have a fenced rear yard Formatted Table Formatted: Normal 3.2.3029 Places of Assembly A. Requirements Applicable to All Places of Assembly. 1. Facilities and structures considered to be places of assembly are provided in the land use table of this chapter. 2. All places of assembly designed to serve more than fifty (50)50 persons at any given time (whether or not the place of assembly is actually occupied by more than fifty (50) persons), shall meet the following requirements: a. Be located on a lot fronting an arterial or collector street; and b. Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less than two hundred (200)200 feet. In the case of parcels of land containing multiple tenants, the total land area shall be prorated among the tenant spaces based on square footage of each tenant space. In such cases, the prorated area for the place of assembly shall be not less than two (2) acres in area. 3. Outdoor amusement facilities, including but not limited to miniature golf, carnivals, and go-kart tracks, may include accessory land uses such as the sale of retail goods, food, and beverages. All retail and food and drink sale activities shall be contained within the facility and shall not be accessible to the general public, absent entrance into the facility. 4. Master Site Plan Required. A master site plan shall be provided to the Community Development Department prior to the issuance of any building or development permit for a place of assembly or its accessory land uses. At minimum, this plan shall identify/indicate the following: a. The principal use and each accessory use that is proposed on the site. b. The hours of operation and the peak times of use (parking demand) for the primary use, as well as for and each accessory use on the site. c. A parking plan to show areas that are designated for overflow parking during times of extraordinary use (such as festival or holiday periods). 5. Nothing in this section shall be deemed to amend or otherwise alter any life safety UDC or any other provision of this UDC unless expressly provided for herein. B. Specific Site Design Requirements. This subsection sets forth specific site design standards required in addition to those of the zoning district in which the use is proposed and those stated above, applicable to the places of assembly uses listed in the table below. Place of Assembly: Outdoor Assembly Operations (to include fairgrounds, outdoor amusements, amphitheaters, civic centers, convention centers, rodeos, and outdoor armories) Development Feature Standard Minimum site area Two (2) acres Formatted Table Minimum setbacks for buildings: Abutting any parcels zoned or used residentially 125 feet Abutting all other parcels 75 feet Minimum setback for outdoor stage or performance area: Abutting any parcels zoned or used residentially 600 feet Abutting all other parcels 200 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially: 200 feet Parking lot design Aisles may be paved; spaces may be paved, grass, dirt, or gravel Minimum buffer 50 feet wide buffer as specified in this UDC, plus a wall with noise abatement features Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from any residentially zoned property Refuse and solid waste containers Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 100 feet from all property lines Sanitation facilities, temporary or permanent Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from all property lines Vibration or electromagnetic interference Shall not be detectable on adjacent properties Place of Assembly: Indoor Assembly Operations (to include convention center, civic centers, centers for performing arts, and indoor armories) Development Feature Standard Minimum site area Five (5) acres Formatted Table Minimum setback for buildings: Abutting any parcels zoned or used residentially 100 feet Abutting all other parcels 50 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially 100 feet Access management traffic flow Designed to avoid residential and local streets Minimum buffer 25-foot-wide planted buffer Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Fully screened from view from adjacent properties and the public right-of-way Setback a minimum of 100 feet from residentially zoned property Vibration or electromagnetic interference Shall not be detectable on adjacent properties Place of Assembly: Athletic Fields Development Feature Standard Minimum site area Two (2) acres Minimum road frontage 100 feet Minimum buffers (sides and rear) 20-foot-wide planted buffer Building and structure materials Brick, stone, stucco, glass, cement fiberboard or masonry materials compatible with structures in the surrounding area Building setbacks 50 feet from all property lines Formatted Table Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Place of Assembly: Place of Worship (On properties containing places of worship, uses and activities other than worship shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall operate in accordance with all applicable local and state requirements/licensing. Additionally, accessory uses shall be subject to relevant specific use standards outlined in this chapter.) Development Feature Standard Minimum site area Two (2) acres Minimum buffers (sides and rear) 20-foot-wide planted buffer Building setbacks 50 feet from all property lines Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Formatted Table Place of Assembly: Lodges and Event Facilities Development Feature Standard Minimum site area Two (2) acres Minimum lot width 200 feet Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Drop-off and pick-up areas Designed and located away from residential areas and separated from parking areas Formatted Table Formatted: Normal 3.2.310 Relocated Structures A. Except as provided in this section, no application for a relocated structure permit shall be approved, nor shall any structure be moved or occupied prior to meeting all requirements of this section. B. For the purposes of this Section, a relocated dwelling shall be defined as a pre-existing structure which has been moved to another property or to a different location on the same property. Factory-built modular and manufactured homes are exempt from this section. C. All structure relocation proposals shall demonstrate compliance with the regulations of the zoning district they will be moved to prior to commencement of relocation activities. D. All structure relocation proposals shall obtain Henry County Health Department approval prior to commencement of relocation activities. E. No building permit application for a relocated structure shall be approved until a complete inspection of the structure is completed by the City. An application for a relocated structure inspection shall be completed on forms that are provided by the City prior to any request for inspection. The inspection shall determine compliance or the feasibility of the compliance to all existing building UDCs, development UDCs, and ordinances which have been adopted by the City. Depending upon the size, age, condition or design of the structure, additional assessments may be required by a structural engineer to evaluate the suitability of the structure for relocating. The engineering inspection and report fee for the relocated structure shall be paid by the applicant. If the City determines that compliance with existing UDCs is not feasible, the application for the building permit shall be denied. All such denials shall be in writing specifying the reasons therefore and shall be signed by the Director. F. Following relocation of the structure and prior to and for re-inspecting, the owner of the relocated structure shall, at the owner's choice, remove either the interior wall covering on all exterior walls or the exterior wall covering on all exterior walls. If necessary, and at the direction of the Director regarding the interior load-bearing walls, the owner shall remove one (1) side of these interior walls and the city shall then re-inspect the structure to ensure that its structural integrity has not been compromised and that any required improvements remain feasible. G. The inspection fee shall be as set forth in the fee schedule established by the City which shall be paid prior to any inspections. H. To ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within six (6) months from the date of issuance of the building permit, the owner of the relocated structure shall provide an irrevocable letter of credit or irrevocable bank escrow letter of surety in the amount of ten thousand dollars ($10,000.00) in a form that is approved by the city attorney. Such irrevocable letters of credit or irrevocable bank escrow letters of surety shall be issued from a federally insured banking institution. I. A building permit shall be obtained from the building safety division for a relocated structure prior to locating such structure on a lot. The fee for the permit shall be as set forth in the City of Stockbridge fee schedule. J. All applications for permit shall be accompanied by a sworn affidavit that the applicant is the owner of the relocated structure and the owner of real property on which the structure is to be relocated. K. Certification of Occupancy. A certificate of occupancy shall be issued upon the passing of a final inspection of a structure and shall verify the completion requirements of this section, including compliance with all existing building and life safety UDCs. L. Route approval shall be required as provided below: 1. Prior to the issuance of a permit for a relocated structure, the applicant must first submit and receive approval from the police department and the City of Stockbridge regarding the proposed route. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, description of the proposed route, and proof of sufficient insurance. Such approval and information must be on forms that are furnished by the Director. 2. Prior to moving a pre-existing structure through the City to a location outside of the jurisdictional limits, routes must be approved by the police department and the City of Stockbridge on forms provided by the director. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, map of the proposed route and insurance company. If a police escort is necessary, it must be prearranged with the police department no less than three (3) business days prior to moving a structure through the City of Stockbridge. M. Any firm or individual who is moving structures into or through the City of Stockbridge shall provide a valid copy of the Georgia Department of Transportation oversize/overweight permit for the structures and a certificate of liability insurance, naming the City of Stockbridge as the certificate holder, that meets or exceeds the minimum insurance standards that are required by the Georgia Department of Transportation. N. No application for a building permit shall be approved until a performance bond, an irrevocable letter of credit, or an irrevocable bank escrow letter of surety is first provided as required by this Section. O. The work that is authorized by any permit for a relocated structure must be completed in compliance with all UDCs and ordinances of the City of Stockbridge within six (6) months from the date of issuance of the building permit, unless it is extended as provided herein. In the event that such a structure is not in compliance and/or is not completed within the specified time limit, the building official shall notify the owner in writing, giving specific causes of noncompliance or non-completion. Upon notification, the owner shall have thirty (30)30 calendar days to correct such noncompliance or noncompletion. Failure of the owner to correct causes of noncompliance or noncompletion, and the owner has not received an extension of completion time, shall cause a notice to move or demolish such structure to be issued to the owner Formatted: Font: Bold immediately. Failure to move or demolish such structure within ten (10) calendar days of such notice being given shall be deemed a violation of this section and shall be punishable in the municipal court of the City of Stockbridge and the director shall authorize the surety or bank issuing the irrevocable letter of credit or escrow letter of surety to release all funds to the City. P. The Director may issue a ninety90 -day extension of completion time for cause beyond the original six-month compliance/completion period upon the receipt of a written request by the owner stating the reason for the extension and payment of applicable fees. A second ninety-day extension may be issued following the first ninety-day extension upon written request by the owner stating the reason for the second request. Approval or denial of an extension shall be in writing and authorized by the Building Official. Permission for a greater extension of time may only be granted through a formal decision by The Mayor and City Council following completion of an application for an extension. An extension of the irrevocable letter of credit, or irrevocable bank escrow letter of surety, may be required if sufficient time does not remain on the performance irrevocable letter of credit or irrevocable bank escrow letter of surety to ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within the specified time. Fees for each extension shall be as set forth by the City. 3.2.321 Roadside Produce Stands A. Roadside produce stands shall only sell vegetables, fruit, produce, eggs, jams, jellies, and other agricultural products that are produced on the premises. Live poultry and livestock shall not be sold. B. Roadside produce stands shall meet the requirements provided below. Development Feature Standard Maximum area 500 square feet of total produce stand floor area per property Produce stand setback requirements 10 feet from rights-of-way; Minimum zoning district building setbacks shall be satisfied along all other property boundaries Parking Parking shall be provided out of the right-of-way; Parking areas shall be paved, gravel, or be of another dustfree surface Outdoor storage Fully screened from visibility from the right-of-way Exterior lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property 3.2.332 Salvage Yards and/or Junkyards A. Sanitary landfills shall not be permitted as part of a salvage yard or junkyard use. B. The site design standards for salvage yards and junkyards are set forth in the table below. Development Feature Standard Minimum site area Two (2) acres Minimum setback from any abutting parcels zoned or used residentially 200 feet Minimum setback from all other abutting parcels 100 feet Screening required Opaque wall or fence not less than 6 feet in height Storage of salvaged or junk materials Shall not exceed the height of the fence or wall Planted buffers 40 feet wide along all property lines Formatted Table Formatted: Normal 3.2.343 Schools, Academic, Public or Private A. Schools shall satisfy the site design standards presented in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum lot width 200 feet Minimum planted buffers 20 feet wide or zoning district standards, whichever is greater Outdoor recreation areas Setback a minimum of 75 feet from any abutting parcels zoned or used residentially; Fully enclosed by a solid decorative fence, a minimum of four (4) feet in height. Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Drop-off and pick-up areas Designed and located away from residential areas and separated from parking areas Formatted: Normal 3.2.354 Self-Service Storage Facilities A. Self-service storage facilities are intended for the passive keeping of personal goods and items. No tenant, renter, lessee, or guest may conduct any of the following activities on facility grounds: 1. Retail sales. 2. Manufacturing, fabrication, processing, and similar industrial activities. 3. Repair services. 4. Professional, vocational, academic, musical, or arts instruction or training. 5. Establishment of an office or administrative facility. 6. Storage of flammable liquids, highly combustible or explosive materials, or hazardous wastes or chemicals. B. All self-service storage facilities shall satisfy the following site design requirements. Development Feature Standard Minimum site area 2.5 acres Minimum lot width 100 feet Formatted Table Minimum setbacks for buildings and outdoor storage areas: Front yard 75 feet Side yard 25 feet Rear yard 25 feet Formatted Table Planted buffer requirements: Abutting any parcels zoned or used residentially 40 feet Abutting any parcels zoned or used commercially 30 feet Abutting any parcels zoned or used industrially 10 feet Abutting all other parcels 15 feet Abutting an Interstate highway 75 feet Dumpsters and trash containers Fully screened from view from residentially zoned properties and public right-of-way Outdoor lighting where adjacent to residentially zoned districts Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property; Maximum height of 15 feet Formatted Table Loudspeakers and paging equipment Prohibited C. Security Personnel Residence. One (1) security personnel residence may be established at the facility, pursuant to the following regulations: 1. The residence shall only be occupied by employees of the facility during their assigned times of duty. 2. The residence shall not be a full-time residence. 3. The residence shall be site-built and have an exterior construction of brick, stone stucco, fiber cement, or materials that match that of the surrounding facility. D. All buildings and structures at self-service storage facility shall satisfy the following design standards: Development Feature Standard Building separation (two or more buildings on the site) 12 feet Overhead access doors Shall not be visible from residentially zoned property, commercially zoned property, or the public right-of-way Storage bays: Minimum size Four (4) feet by four (4) feet (16 square feet) Maximum size 20 feet by 80 feet (1,600 square feet) Maximum building height, including all roof-mounted air conditioning and other equipment 35 feet Exterior facade Fully consistent with color, materials, and design of buildings in the surrounding area. Metal exterior walls are prohibited. Roof design Type of roof, roof line, and roofing materials shall be fully consistent with buildings in the surrounding area E. Self-service storage is permitted outside of enclosed building pursuant to the following requirements: 1. No vehicles, trailers, or shipping containers shall be stored except for boats on trailers and recreational vehicles. 2. No greater than 15% percent (15%) of the site area shall be utilized for outdoor self-storage. 3. Such areas shall be enclosed by fences or walls that maintain heights no less than six (6) feet. a. Access points shall be gated and either be physically staffed or equipped with a functional keyless entry system. b. The fence or wall shall consist of brick, stone, masonry, wood, chain link, or a similar decorative material. c. If the facility at-large is fenced or walled to these requirements, no additional fences or walls shall be required. F. The interior of a self-service storage facility shall be designed to allow for the circulation of users and their vehicles pursuant to the following requirements. 1. The minimum traffic lane width shall be twenty-five (25)25 feet. 2. There shall be no drive-aisles or parking areas located in any required buffer area or within the designated rights-of-way. G. A landscape strip no less than ten (10) feet in depth shall be established along all abutting rights-of-way and private streets. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch. 2. At least one (1) tree for every twenty (2020) linear feet shall be placed. No tree shall be planted less than ten (10) feet from another. All trees shall measure at least six (6) feet in height at the time of planting. 3. At least one (1) shrub for every five (5) linear feet shall be placed. All shrubs shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 4. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. H. No less than fifteen percent (15%)15% of the self-service storage facility land area shall be occupied by the sum of the following features: 1. Planted buffers. 2. Landscape strips. 3. Undisturbed tree stands. 4. Other planted areas containing a mix of trees and shrubs. 3.2.365 Senior Adult Housing A. Senior adult housing must be designated age-restricted adult housing and shall satisfy the following requirements. 1. Housing units located in RR1, NR2, and SR3 zoning districts shall be single-family detached dwellings. 2. Housing units located in all other zoning districts shall be single-family attached, duplex, triplex, quadplex, or multi-family dwellings. 3. The development shall include a minimum of twenty (20 20) dwelling units. 4. No less than thirty-five percent (35%)35% of the gross site area shall be open space. The open space shall provide the following open space amenities pursuant to the number of dwelling units proposed. a. Developments containing fewer than 50 units shall provide paved pedestrian paths totaling not less than 800 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (2) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. b. Developments containing 50 to 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,200 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 5,000 square feet. c. Developments containing greater than 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,500 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least threewo (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 7,500 square feet. B. At least one (1) on-site community building or clubhouse shall be provided pursuant to the number of dwelling units proposed.: 1. Less than 50 dwelling units: Minimum community building or clubhouse space heated floor area of 1,000 square feet. Formatted: Font: Bold 2. 50 to 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet. Formatted: Font: Bold 3. Greater than 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet, in addition to ten (10) square feet of heated floor area per additional dwelling unit beyond 120. Formatted: Font: Bold C. Within phased senior adult housing development, open space and resident amenity requirements shall be satisfied within each phase of development. The developer shall provide a development phase master plan prior to the approval of any land disturbance permit. D. Prior to land disturbance permit approval, the developer shall establish how the age restrictions will be implemented and maintained over time. If the development is anything other than a rental community under single ownership, a common entity such as a condominium association, a homeowners' association, or a property management company shall be established to maintain and enforce the age restrictions in addition to the City of Stockbridge enforcement of zoning regulations. E. The following minimum dwelling unit floor area requirements shall be satisfied. 1. No dwelling unit shall have a heated floor area less than one thousand (1,000)1,000 square feet. 2. No less thanAt least seventy-five percent (75%)75% of all dwelling units shall have a heated floor area greaterless than 1,200 square feet. F. All open space, common areas, and related improvements shall be fully accessible and shall be managed and maintained by the owner of the development or a common entity such as a condominium association, or a homeowner's association. G. Senior adult housing developments shall be designed for residents with physical disabilities and limitations. The minimum accessibility standards shall be satisfied 1. "No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch) access to the front door entrance to all dwelling units and community buildings is required. If a no-step front entrance is not feasible, an alternate nostep walkway to the front floor may be approved. 2. A door not less than three (3) feet wide front door with exterior lighting at the entrance is required. Exterior doors shall be provided with an artificial light source located in the immediate vicinity of the exterior door. The illumination of the exterior light shall be controlled from inside the dwelling, except for lights that are continuously illuminated or automatically controlled. 3. All interior doorways must have a minimum of thirty-two32 -inch clear width in the open position, —typically a thirty-six36 -inch door. 4. A thirty-six-36 inch fully accessible route must connect throughout the floor which is served by the front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch. 5. A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom, shall be located on the floor served by the front door of the dwelling unit. 6. Lever handles are required on all interior and exterior doors. 7. Clear floor space of thirty (30)30 inches by forty-eight (48)48 inches shall be provided and centered on each appliance and fixture in the kitchen. Floor space can overlap. 8. Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the toilet, tub, and shower stall; and of wall-hung bench shower seat. 9. Maneuvering space shall be provided within the bathroom to permit a person using a mobility aid to enter the room, close the door, and reopen the door with a clear floor space of thirty (3030) inches by forty-eight (4848) inches. Clear floor space of thirty (30)30 inches by forty-eight (48)48 inches shall be provided and centered on each fixture in the bathroom. Floor space may overlap. 10. Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for a reaching range of a minimum of fifteen (15)15 inches to a maximum of forty-eight (4848) inches above the floor. Such wall-mounted devices shall be of a contrasting color with the wall. 11. Accessible sidewalks shall be provided between parking areas and pedestrian entrances to dwelling units and all other buildings and structures in the development that may be accessed by residents. These routes shall be a minimum of five (5) feet wide, allowing mobility-enhancing devices to meet and pass safely. 3.2.376 Small Box Discount Stores A. So that small box discount stores shall not be highly concentrated, no such store may be established on a parcel within two (2) miles of any other parcel containing a small box discount store, measured as a straight line separating the nearest point of each lot. 1. This proximity requirement shall be reduced to one (1) mile if the most proximate small box 1. discount store or stores are located outside the jurisdictional limits of the City of Stockbridge. 3.2.387 Solar Energy Systems A. Any Solar Energy System (SES) that, prior to the effective date of the ordinance from which this section is derived; is in operation, is being lawfully sited, constructed, or installed; or has caused the incurrence of substantial liabilities relating to siting, construction, or installation; shall be exempt from complying with these supplemental regulations unless the surface area of an integrated SES or rooftop SES or the footprint of a ground mounted SES is increased by more than ten percent (10%)10% after the effective date of the ordinance from which this section is derived. B. The following requirements apply to all Solar Energy System (SES) facilities: 1. The maximum height of a ground mounted SES facility or parking lot solar canopy shall not exceed the maximum building height for accessory buildings and structures of the designated zoning district, or 20 feet, whichever is less. 2. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the UDC’s impervious surface coverage requirements, the panels of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil. 3. Lighting fixtures at SES facilities shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. Lighting levels shall not exceed 0.5 footcandles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 4. A rooftop mounted SES shall not be located on the front slope of a pitched roof of the principal structure. The City may require sun and shadow diagrams specific to the installation to approve alternative placement. 5. Buffers and Screening. All ground-mounted, intermediate, and large-scale SES facilities shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. The existing natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. Formatted: Font: Bold 6. Decommissioning. Decommissioning of a SES shall begin no later than twelve (12) 12 months after a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use. Formatted: Font: Bold C. Intermediate and Large-Scale SES. The following requirements apply to Intermediate and Large-Scale Solar Energy Systems, in addition to the general requirements set forth in this section. 1. All buildings and structures at intermediate and large-scale SES facilities shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 2. Any intermediate scale SES facility shall be located no closer than fifty (5050) feet to any abutting parcels zoned or used residentially. 3. Any large-scale SES facility building or structure shall be located no closer than one hundred (100)100 feet to any abutting parcels zoned or used residentially. 4. Intermediate and large-scale SES facilities shall display advisory signage to include the following information, at minimum: a. A statement to the risks that may result from physical contact with, or entry into, the subject SES facility; b. The owner or operator of the subject SES facility; and c. A twenty-four-hour emergency contact phone number. D. Ground Mounted SES. The following area requirements apply to all ground mounted SES facilities: 1. Within residential zoning districts, a ground-mounted solar energy system shall not exceed 25% percent (25%) of the footprint of the principal building served. 2. Within non-residential zoning districts, a ground-mounted solar energy system shall not exceed 50% percent (50%) of the footprint of the principal building served. 3. A ground mounted SES shall not be located within the required front yard of a lot, nor within a right-of-way, and should be located to prevent conflicts with utility areas or easements. 4. A ground mounted SES shall not be located over a septic system, leach field area, or identified reserve unless explicitly approved by the Health Department. E. Parking Lot Solar Carports 1. Solar carports, or solar panels over parking lots, are typically an elevated structure with solar roofs over parking areas. 2. A solar carport shall maintain a setback of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 3.2.398 Swimming Pools A. Swimming pools are considered accessory structures and shall comply with all accessory structure regulations provided in this UDC, in addition to those dedicated specifically to swimming pools in this Section. B. Pool heaters and pumps shall not be located in a front yard and shall maintain a setback of at least ten (10) feet from all property lines. C. Swimming pools shall be entirely located behind the rear plane of the principal building, and minimum of ten (10) feet of separation from rear lot lines and twelve (12)12 feet of separation from side lot lines, as measured from the outermost edge of the swimming pool or any associated deck or stairs. D. Pools shall be enclosed by a wall or fence of at least four (4) feet in height and comply with all applicable fence and wall regulations. E. Public, commercial, and resident amenity area swimming pools shall satisfy the additional following requirements: 1. Such pools shall not be founded absent written approval from the Henry County Health Department. 2. The pool area shall be enclosed by a security fence of not less than five (5) feet in height and feature decorative landscaping along the perimeter of the fence. Formatted: Font: (Default) Calibri Commented [DS57]: Should these be exempt from buffering standards #5, under B above? Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Font: Calibri Shrubs or trees shall be planted along the perimeter of the fence at a maximum separation of twenty (20)20 feet. Plantings shall be no less than two (2) feet tall at the time of installation. 3. Security fences shall be transparent and shall not obstruct the view of the pool from the outside. 4. Swimming pools and associated structures shall comply with all setback requirements of the subject underlying zoning district. 4. Formatted: Normal 3.2.4039 Temporary Buildings and Structures A. Temporary buildings and structures, and the land uses contained therein shall be permitted during times when property is being developed. Temporary building and structures shall satisfy the following requirements. B. A building permit shall be required prior to temporary structure or building installation. C. Temporary buildings and structures installed on a site for multi-unit residential development shall be removed before eighty percent (80%)80% of all lots are occupied by completed dwelling units, or within four (4) years of permit issuance for the subject building or structure, whichever occurs first. For all types of projects, if construction becomes inactive for twelve (12)12 months, then any existing temporary units must be removed within the next ninety (90) 90 days. 1. The Director may issue a one-time, one (1) year extension of completion time for cause beyond the original completion period upon written request by the owner which includes the reason for the request and an updated account of completed houses within the subdivision. 2. Extension approval shall be substantiated, at least in part, by verification that all required erosion control measures are in place. Applicants shall apply for the one-time extension within thirty (30)30 business days of the expiration date of the temporary structure permit. If granted, extensions shall be in writing and signed by the building official within ten (10) business days. Extension approvals may be subject to a renewal fee as established in the City fee schedule. D. Temporary offices to be used for administrative functions during construction may be located on a construction site. The proposed construction building shall meet tie-down requirements for mobile home structures and have a current Contract for sewage pumpout. Construction buildings shall be removed within thirty (30)30 days of completion of the construction site for which they are permitted. E. Outdoor storage of equipment and construction materials shall be allowed on-site during the period of construction. F. Construction and demolition debris dumpsters are allowed, provided that an active building permit is maintained. Such dumpsters shall be removed within ten (10) calendar days of issuance of a Certificate of Occupation (C.O.), or expiration of the building permit, whichever comes first. Temporary construction dumpsters shall not be required to be screened. G. A temporary sales or marketing office is permitted, subject to the requirements of this UDC. The office shall only be used for the sale, resale or marketing of dwellings, structures or property within the development in which it is located, or adjacent developments under the same ownership and control. H. Temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be permitted. 3.2.410 Tiny House Village Development A. Purpose and Intent. Formatted: Font: Not Bold 1. The purpose of this Section is to allow Tiny House Village Developments as compact, permanent residential neighborhoods consisting of detached dwellings arranged around common open space, pedestrian connections, and shared community amenities. 2. It is the intent of the City to promote housing variety, efficient use of land and public infrastructure, high-quality residential design, compatibility with surrounding neighborhoods, and safe long-term occupancy while avoiding adverse impacts on adjacent properties and public facilities. B. Applicability. Review, and Site Plan Requirements. 1. A Tiny House Village Development shall be permitted only in the zoning districts identified in Table 3.1, B, Land Uses and shall comply with this Section, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or certificate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit locations, setbacks, building separation, common open space, Village Center amenities, sidewalks and pedestrian connections, parking areas, refuse areas, utility layout, stormwater facilities, fire access, hydrant locations, landscaping, buffers, lighting, phasing, and proposed ownership and maintenance documents. 4. No Tiny House shall be occupied until all required permits, inspections, utility connections, access improvements, and certificates of occupancy have been issued in accordance with applicable law. C. Density and Development Standards. 1. All tiny house village developments shall satisfy the following site design requirements. Formatted: Font: (Default) Calibri Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Not Bold, Underline Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Bold Formatted: Font: Calibri Formatted: Font: Standard Tiny House Cottage Home Floor Area Not less than 450 square feet and not more than 600 square feet, excluding lofts, attached porches, garages, and accessory structures. Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Shall comply with applicable residential building code provisions for tiny houses, including any locally adopted tiny house appendix or alternative-materials approval accepted by the Building Official. Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 48 square feet. At least 60 square feet. Formatted: Font: (Default) Calibri, Bold Common Open Space At least 300 square feet per Tiny House. At least 400 square feet per Cottage Home. Formatted: Font: Bold Parking At least one (1) off-street parking space per Tiny House, unless otherwise approved pursuant to the UDC. At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. Building Code Treatment Formatted: Font: (Default) Calibri, Bold, Font color: Background 1 Formatted: Font: Bold Formatted: Font: (Default) Calibri, Bold, Font color: Background 1 Formatted: Font: Bold Formatted: Font: (Default) Calibri, Bold, Font color: Background 1 Formatted: Font: 12 pt Formatted Table A. A tiny home cluster development provides for the grouping of attached and detached tiny homes on lots that may be smaller than allowed in a zoning district, for the purpose of providing permanent common use of common space land, preservation of natural terrain features, and economy in the provision of public facilities and services. D. Size. The development shall have a minimum site area of five (5)three (3) acres. E. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. F. Development Size. Tiny House and Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. B.G. Building Size Categories. For purposes of this Section, a Tiny House shall contain not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri C.H. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. Formatted: Font: (Default) Calibri 1. A minimum of three hundred (300) square feet of common open space shall be provided for each Tiny House, and a minimum of four hundred (400) square feet of common open space shall be provided for each Cottage Home. Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Tiny Houses and Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. 4. Every Tiny House and Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Tiny Houses or Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. I. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. 1. The common open space shall include at least two of the following features: a. Open lawns or fields; b. Plaza; c. Community garden; d. Community building or clubhouse; e. Playground; or f. Community gathering areas (e.g. fire pit, seating areas). 2. Common areas are to be maintained through the establishment of homeowners’ association or comparable maintenance entity. Before approval is granted, the developer shall submit covenants, deeds, and homeowners’ bylaws and other documents guaranteeing maintenance Formatted: Font: Not Bold and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. D.J. Village Center. 1. Every Tiny House Village Development shall provide a centrally located Village Center. 2. The Village Center shall serve as the focal gathering space for the development. 3. The Village Center shall include not fewer than two (2) of the following: a. Community lawn; b. Pavilion; c. Playground; d. Community garden ; e. Fire pit; f. Picnic area; g. Mail kiosk; h. Clubhouse; i. Dog park; or j. Walking trail(s) 4. The Village Center shall be connected to every dwelling unit by a continuous ADA-accessible sidewalk network. K. Landscaping. Formatted: Font: Not Bold 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Tiny House Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent Formatted: Font: Bold practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. 1. A village center(s) shall be provided, and each village center shall be not less than 25,000 square feet in area. Village center(s) shall be counted toward the dedicated common open space. Required yards, any required buffers, parking and other paved surfaces, shall not count as part of a village center. In developments with only one village center, said village center shall be centrally located within the development and accessible by all residents/tenants. Village center(s) shall include landscaping, active and passive recreation features, and may include natural areas. 2. All houses shall be oriented to have clear views of and be connected to a village center by sidewalks. Where multiple village centers are provided, all shall be interconnected with a trail system in compliance with the ADA. 3. The village center(s) and other open space areas within the village(s) shall remain in private hands held in individual ownership by the owner of the village(s) or common ownership by the owners of the houses in the village(s). Restrictive covenants, declarations and restrictions running with the land shall provide for access across and permanent maintenance and protection of the village center(s), any associated common buildings and infrastructure. E.L. Parking Design. 1. A minimum of one (1) off-street parking space shall be provided for each Tiny House, and a minimum of two (2) off-street parking spaces shall be provided for each Cottage Home, unless a different parking requirement, reduction, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Tiny House Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; Formatted: Font: Bold c. Decorative fencing in combination with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configurations that complement the pedestrian-oriented design of the development. 1. Surface parking areas shall be located to the side or rear of tiny ho use village development. 2. Large uninterrupted parking lots shall be prohibited. 3.8. Parking areas shall not encroach into the village center. F. Utilities. All dwelling units shall be connected to public water and sanitary sewer systems unless otherwise approved by the City and applicable health authorities. G. Buffer. A buffer not less than 20 feet in depth shall be provided between any house and an adjacent residential zoned or used property. H.M. Setbacks. 1. Where a Tiny House fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) feet. 2. Where a Tiny House fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. 1. A front setback of not less than 50 feet in depth shall be provided between any house and an adjacent access roadway. 2. All homes shall maintain a minimum separation of 10 feet from other homes within the development. I.N. Lot Design. 1. Lot dimensions within a Tiny House Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Tiny House Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, Formatted: Font: (Default) Calibri provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. Formatted: Font: Not Bold O. Utilities. 1. All Tiny Houses shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. P. Prohibited Uses. Formatted: Font: Not Bold 1. The following shall not be permitted within a Tiny House Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. Q. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Tiny House Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Tiny House within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, Formatted: Font: Bold Formatted: Font: Not Bold buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. 1. Each lot per dwelling unit shall contain a minimum of 900 square feet per dwelling unit. 2. The minimum width per lot shall be 18 feet. 3. The minimum depth per lot shall be 50 feet. R. Additional Development Standards. Formatted: Font: Not Bold 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Tiny House shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Tiny House Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other low-impact development (LID) practices is encouraged to reduce stormwater runoff. All Tiny House Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. Formatted: Font: Not Bold S. Design Standards. 1. Building Orientation. Tiny Houses shall be oriented toward a public street, private street, Village Center, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. Formatted: Font: Bold 2. Covered Front Porch. Each Tiny House shall include a covered front porch with a minimum area of forty-eight (48) square feet, and each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. Formatted: Font: Bold 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residential-quality materials approved by the Director. Formatted: Font: Bold Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. Formatted: Font: Bold 5. Building Entrances. The primary entrance of each Tiny House shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. Formatted: Font: Bold 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. Formatted: Font: Bold 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. Formatted: Font: Bold 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. Formatted: Font: Bold 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Tiny Houses shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. Formatted: Font: Bold 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. Formatted: Font: Bold 11. Water Table Requirement. All side and rear elevations of tiny home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. Formatted: Font: Bold 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all tiny home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. Formatted: Font: Bold T. Building Design. Ownership and Maintenance. Formatted: Font: Not Bold Formatted: Font: Not Bold 1. Common open space and common facilities shall be required for all Tiny House Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. J.4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. 1. Primary entrances shall be connected by pedestrian walkways a minimum of five (5) feet in width. 2. All buildings within the village shall be oriented toward the village center unless an exception is granted to improve the site design. 3. Exterior Materials. Exterior building materials shall consist of durable residential-quality materials including brick, stone, fiber cement siding, wood, or comparable materials. Reflective metal siding and exposed unfinished concrete block shall be prohibited as primary façade materials. 4. Height. Dwelling units shall not exceed 35 feet in height. 5. Elements. Houses and accessories/community buildings shall incorporate three of the following design features to provide visual relief: a. Dormers; b. Gables; c. Pillars; d. Posts; e. Covered front porches; f. Recessed entries; or g. Cupola. 6. Tiny homes shall be placed on a permanent foundation. 3.2.41 Truck Stops A. All activities at truck stops shall abide by the definition of “Truck stop” as provided in Chapter 12 of this UDC. B. Dimensional standards for truck stops are indicated in the table below. Standard Formatted Table Abutting any parcels zoned or used residentially 100 feet for buildings and structures, 60 feet for parking stalls and maneuvering areas. Formatted Table Abutting all other parcels 50 feet for building and structures, 35 feet for parking stalls and maneuvering areas. Development Feature Minimum setbacks: Buffer: Planted buffer 40 feet wide, in addition to an opaque wall or fence not less than 6 feet in height when adjacent to any parcels zoned or used residentially C. Prior to the issuance of any development permit, building permit, or zoning approval for a truck stop, a traffic impact study shall be conducted and completed by a professional engineer for the facility as proposed. All recommendations of the study shall be constructed and made active prior to business commencement of the facility. The study shall be no less than three (3) years old at the time of permit issuance. D. Prior to the issuance of any development permit, building permit, or zoning approval for a truck stop, a site illumination plan shall be provided, demonstrating compliance with the following external illumination requirements. 1. All parking spaces and drive-aisles within truck stops shall be illuminated to a level of no less than 1.0 foot-candles but not greater than 15.0 foot-candles. 2. All areas directly beneath the fueling canopies and within 15 linear feet of such areas shall be illuminated to a level of no less than 5.0 foot-candles but not greater than 30.0 foot-candles. 3. Lighting levels shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. 4. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 5. No Lighting fixture shall measure greater than 35 feet in height. 6. All lighting fixtures used for external illumination shall be full cut-off devices with no upward directed light. E. A landscape strip no less than five (5) feet in depth shall be established along all property boundaries. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch, in addition to at least one (1) shrub or tree for every ten (10) linear feet of boundary. No shrub or tree shall be planted less than five (5) feet from Formatted Table another. All shrubs and trees shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 2. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. F. Fueling activities shall not occur closer to the front property line than the front plane of the principal building. G. Passenger vehicle fuel may be sold at truck stops pursuant to the following requirements. 1. Passenger vehicle fueling areas shall be served by exclusive designated driveways and drive aisles. H. Entry and exit into truck stops shall abide by the following requirements: 1. No entry or exit point shall be established within 150 feet of any driveway or intersection on the same side of the subject roadway. This minimum requirement shall be reduced to 40 feet for entry and exit points exclusively designated for passenger vehicles. 2. Except for driveways exclusively designated for passenger vehicles, one-way driveways shall measure no less than 30 feet in width, and two-way driveways shall measure no less than 45 feet in width. 3. All access driveways shall have a throat no less than 75 feet in length. This area is intended to reduce stopped traffic on the frontage road and reduce vehicular conflicts at the subject access point. The throat area shall not have any turnoffs for driveways, drive aisles, or parking spaces. I. A truck stop shall provide no less than (1) shower stall for every 15 truck parking spaces provided at the facility, excluding spaces at fuel dispensers. In no circumstance shall fewer than three (3) shower stalls be provided at any truck stop. 1. In the event of a conflict between the contents of this section and any national or international building or plumbing UDC adopted by the City, the adopted building or plumbing UDC shall control. 3.2.42 Truck Staging Facilities A. All activities at truck staging facilities shall abide by the definition of “Truck staging facilities” as provided in Chapter 12 of this UDC. B. Truck staging facilities, as defined by this UDC, are intended for the shortterm parking and stopping of trucks that are serving the local area. These facilities are intended to provide designated areas for trucks to occupy, promoting the public welfare and safety by reducing instances of trucks parking in public rights-of-way and unauthorized or unlawful parking upon private properties. C. Truck staging facilities shall satisfy setback and buffering requirements as follows: 1. A planted buffer no less than 30 feet in width, in addition to an opaque wall or fence not less than 6 feet in height, shall be provided in all areas where a facility abuts parcels zoned or used residentially. 2. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 60 feet from any abutting parcels zoned or used residentially. 3. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 35 feet from any abutting non-residential parcels. D. A landscape strip no less than five (5) feet in depth shall be established along all property boundaries. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch, in addition to at least one (1) shrub or tree for every ten (10) linear feet of boundary. No shrub or tree shall be planted less than five (5) feet from another. All shrubs and trees shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 2. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. E. Prior to the issuance of any development permit, building permit, or zoning approval for a truck staging facility, a traffic impact study shall be conducted and completed by a professional engineer for the facility as proposed. All recommendations of the study shall be constructed and made active prior to business commencement of the facility. The study shall be no less than three (3) years old at the time of permit issuance. 1. This requirement may not apply to facilities with a maximum capacity of fewer than twenty (20) trucks. F. Prior to the issuance of any development permit, building permit, or zoning approval for a truck staging facility, a site illumination plan shall be provided, demonstrating compliance with the following external illumination requirements. 1. All parking spaces and drive-aisles within truck stops shall be illuminated to a level of no less than 1.0 foot-candles but not greater than 12.0 foot-candles. 2. Lighting levels shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. 3. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 4. No Lighting fixture shall measure greater than 35 feet in height. 5. All lighting fixtures used for external illumination shall be full cut-off devices with no upward directed light. G. Entry and exit into truck staging facilities shall abide by the following requirements: 1. No entry or exit point shall be established within 150 feet of any driveway or intersection on the same side of the subject roadway. 2. One-way driveways shall measure no less than 30 feet in width, and two-way driveways shall measure no less than 45 feet in width. 3.2.43 Truck Storage Facilities A. All activities at truck storage facilities shall abide by the definition of “Truck storage facility” as provided in Chapter 12 of this UDC. B. Truck storage facilities shall satisfy setback and buffering requirements as follows. 1. A planted buffer no less than 30 feet in width shall be provided in all areas where a facility abuts parcels zoned or used residentially. 2. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 50 feet from any abutting parcels zoned or used residentially. 3. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 20 feet from any abutting non-residential parcels. C. All portions of a truck storage facility containing buildings, structures, parking spaces, and other storage areas shall be secured by fences or walls that maintain heights no less than six (6) feet. 1. A landscape strip no less than five (5) feet in depth shall be established alongside the walls or fences on all sides facing away from the facility. a. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch, in addition to at least one (1) shrub or tree for every ten (10) linear feet of wall or fence. No shrub or tree shall be planted less than five (5) feet from another. All shrubs and trees shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. b. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. 2. All vehicular access points shall be served by gates or barrier arms. 3. No access gate or barrier arm shall be closer than 75 feet from where the subject driveway meets the right-of-way line. a. This requirement shall be waived if left-turn and right-turn deceleration lanes are added on the access road, each of which measure no less than 75 linear feet. 4. At least one (1) pedestrian access gate shall also be provided. 5. Additional access provisions may be required by the Fire Marshal or other safety officials. D. Prior to the issuance of any development permit, building permit, or zoning approval for a truck storage facility, a site illumination plan shall be provided, demonstrating compliance with the following external illumination requirements. 1. All parking spaces and drive-aisles within truck stops shall be illuminated to a level of no less than 0.5 foot-candles but not greater than 12.0 foot-candles. 2. Lighting levels shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. 3. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 4. No Lighting fixture shall measure greater than 35 feet in height. 5. All lighting fixtures used for external illumination shall be full cut-off devices with no upward directed light. E. Entry and exit into truck storage facilities shall abide by the following requirements: 1. No entry or exit point shall be established within 75 feet of any driveway or intersection on the same side of the subject roadway. 2. One-way driveways shall measure no less than 30 feet in width, and two-way driveways shall measure no less than 45 feet in width. 3.2.44 Senior Adult Housing A. Senior adult housing must be designated age-restricted adult housing and shall satisfy the following requirements. 1. Housing units located in RR1, NR2, and SR3 zoning districts shall be single-family detached dwellings. 2. Housing units located in all other zoning districts shall be single-family attached, duplex, triplex, quadplex, or multi-family dwellings. 3. The development shall include a minimum of twenty (20) dwelling units. 4. No less than thirty-five percent (35%) of the gross site area shall be open space. The open space shall provide the following open space amenities pursuant to the number of dwelling units proposed. a. Developments containing fewer than 50 units shall provide paved pedestrian paths totaling not less than 800 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (2) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. b. Developments containing 50 to 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,200 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 5,000 square feet. c. Developments containing greater than 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,500 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 7,500 square feet. B. At least one (1) on-site community building or clubhouse shall be provided pursuant to the number of dwelling units proposed.: 1. Less than 50 dwelling units: Minimum community building or clubhouse space heated floor area of 1,000 square feet. 2. 50 to 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet. 3. Greater than 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet, in addition to ten (10) square feet of heated floor area per additional dwelling unit beyond 120. C. Within phased senior adult housing development, open space and resident amenity requirements shall be satisfied within each phase of development. The developer shall provide a development phase master plan prior to the approval of any land disturbance permit. D. Prior to land disturbance permit approval, the developer shall establish how the age restrictions will be implemented and maintained over time. If the development is anything other than a rental community under single ownership, a common entity such as a condominium association, a homeowners' association, or a property management company shall be established to maintain and enforce the age restrictions in addition to the City of Stockbridge enforcement of zoning regulations. E. The following minimum dwelling unit floor area requirements shall be satisfied. 1. No dwelling unit shall have a heated floor area less than one thousand (1,000) square feet. 2. No less than seventy-five percent (75%) of all dwelling units shall have a heated floor area less than 1,200 square feet. F. All open space, common areas, and related improvements shall be fully accessible and shall be managed and maintained by the owner of the development or a common entity such as a condominium association, or a homeowner's association. G. Senior adult housing developments shall be designed for residents with physical disabilities and limitations. The minimum accessibility standards shall be satisfied 1. "No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch) access to the front door entrance to all dwelling units and community buildings is required. If a no-step front entrance is not feasible, an alternate nostep walkway to the front floor may be approved. 2. A door not less than three (3) feet wide front door with exterior lighting at the entrance is required. Exterior doors shall be provided with an artificial light source located in the immediate vicinity of the exterior door. The illumination of the exterior light shall be controlled from inside the dwelling, except for lights that are continuously illuminated or automatically controlled. 3. All interior doorways must have a minimum of thirty-two-inch clear width in the open position—typically a thirty-six-inch door. 4. A thirty-six-inch fully accessible route must connect throughout the floor which is served by the front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch. 5. A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom, shall be located on the floor served by the front door of the dwelling unit. 6. Lever handles are required on all interior and exterior doors. 7. Clear floor space of thirty (30) inches by forty-eight (48) inches shall be provided and centered on each appliance and fixture in the kitchen. Floor space can overlap. 8. Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the toilet, tub, and shower stall; and of wall-hung bench shower seat. 9. Maneuvering space shall be provided within the bathroom to permit a person using a mobility aid to enter the room, close the door, and reopen the door with a clear floor space of thirty (30) inches by forty-eight (48) inches. Clear floor space of thirty (30) inches by forty-eight (48) inches shall be provided and centered on each fixture in the bathroom. Floor space may overlap. 10. Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for a reaching range of a minimum of fifteen (15) inches to a maximum of forty-eight (48) inches above the floor. Such wall-mounted devices shall be of a contrasting color with the wall. 11. Accessible sidewalks shall be provided between parking areas and pedestrian entrances to dwelling units and all other buildings and structures in the development that may be accessed by residents. These routes shall be a minimum of five (5) feet wide, allowing mobility-enhancing devices to meet and pass safely 3.2.435 Wrecker Services A. Wrecker service facilities that do not include any outdoor storage or operations shall be exempt from the contents of this section. B. The site design standards for wrecker services are set forth in the table below. Development Feature Standard Minimum site area 2 acres Screening requirements Opaque wall or fence not less than 6 feet in height Outdoor storage placement Outdoor storage areas shall not be established closer to the front property line than the front plane of the principal building Minimum planted buffer 15 feet wide for any portion of property adjacent to industrial zoned property; 30 feet wide abutting all other properties Storage of vehicles Towed vehicles shall be stored within an enclosed, secure area which shall not be accessible to the public. No wrecked vehicles shall be stacked within the storage area. Storage of non-business-related vehicles is prohibited. Storage areas shall be paved or graveled, and all driveways, drive aisles, and parking spaces shall be paved. Minimum heated floor area of office/primary structure 1,000 square feet. Building materials Masonry front facade Off-Street parking requirements All required off-street parking shall be located outside of any secured vehicle storage area. CHAPTER 4: DEVELOPMENT STANDARDS 4.1 Purpose and Intent A. The purpose of this Chapter is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly and harmonious growth and development of new and established neighborhoods. 2. Distribute population and traffic in a manner that will mitigate congestion and overcrowding. 3. Dedicate or reserve parks, squares, and recreational areas, accessible to all residents to serve as community focal points. 4. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote a pedestrian oriented atmosphere and civic awareness. 5. Provide for pleasing visual environments to ensure public health, safety and the general welfare to residents and visits of the City. 6. Ensure the proper location, bulk ,size, and scale of buildings and structures. 4.2 Applicability A. These regulations govern all property within the jurisdictional limits of Stockbridge. B. All new development within the jurisdiction of this UDC shall conform to the provisions of this Chapter. C. All redevelopment of, and alterations or additions to, existing buildings, structures, and sites within the jurisdiction of this UDC shall conform to the provisions of this Chapter, unless all of the following are true of the subject redevelopment or alteration: 1. The gross increase in heated floor area would not be greater than 25% compared to that at the time of request; or. 2. The total cost of the work does not exceed 50% of the assessed property value of the property compared to that at the time of the request. D. No construction or installation of improvements shall commence in a proposed development until the land disturbance permit has been approved and all applicable plats, construction plans, and specifications have been approved by the appropriate authorities. E. No building or other permits shall be issued for erection of a structure on any lot not of record until all requirements of this UDC have been met. Commented [DS58]: A public comment stated the older businesses that are not in the downtown should be required to improve their facades. The international property maintenance code requires maintenance of buildings; nonconforming structures/uses also would require bringing anything into compliance. Some other ideas are unfit buildings and structures (city of cleveland, GA) example which is targeted towards blight properties. Vacant building registries. None of these require compliance with new code if the property is simply dilapidated, that really falls more under property maintenance requirements Commented [EM59]: Discuss how value is calculated (GL) – as evaluated by the tax accessor 4.3 Site Design Standards 4.3.1 Dimensional Standard Compliance A. No greater than one (1) single-family dwelling unit may be constructed on any one parcel except as otherwise allowed in this UDC. B. Except as specifically provided in this UDC, no parcel of land existing at the time of adoption of this UDC shall be reduced, subdivided, or otherwise altered to produce a parcel of land that does not comply with the minimum dimensional standards of the applicable zoning district. C. Land that is acquired, dedicated, or donated and accepted for public use is exempt from the requirements of this Chapter. 4.3.2 Encroachments A. The height limitations of this UDC, as imposed at the zoning district level, shall not apply to spires or other such structures, belfries, flagpoles, monuments, cupolas, domes, water towers, transmission towers, telecommunications towers, or other ornamental towers not intended for human occupancy. B. Nothing in this subsection shall preclude any height or dimensional requirement specific to any structure or feature type as provided in this UDC. C. Architectural features such as cornices, eaves, steps, landings, gutters, and fire escapes may encroach into a minimum required setback by no greater than three (3) feet, except where such projections would obstruct driveways, sidewalks, or access areas for emergency vehicles. 4.3.3 Open Space Requirements A. All developments with a cumulative parcel area greater than three (3) acres, except for those in the DT, MHR, MUS, MU, and MFR zoning districts shall provide open space, subject to the following requirements: Commented [DS60]: The existing UDC requires developments over five acres to provide public space equal to 1% of total proposed floor area. This requirement has been removed from proposed §4.3.3. Please confirm whether public-space requirements are addressed elsewhere or whether their removal is intentional. Please confirm the rationale for exempting DT, MHR, MUS, MU, and MFR from §4.3.3. Consider whether equivalent or greater open-space requirements are established within the applicable district standards so that these exemptions do not create unintended gaps. [GL] Commented [DS61R60]: We can go back to the 1 to 1 ratio however 30 homes at 1500 square feet would be 45,000 square feet. This would be 450 square feet of open space required. This seems low Commented [DS62R60]: MHR requires 15% in Table 2.5.5, MUS requires 20%, MU requires 10%. These would be subject to the open space definition versus this section. 1. A minimum of 15% of the total development land area shall be devoted to open space. Open spaces that are located within minimum required zoning buffers, stormwater management areas, or other areas that to not definitionally qualify as open space shall not count towards satisfying this requirement. 2. Amenity Package Requirements found in Section 4.3.4, Amenity Package Requirements may be counted towards meeting the open space requirement. 3. All minimum required open space shall consist of one or more of the following features: a. Active Recreation (e.g. playground, athletic courts, swimming pool). b. Open lawns or fields. c. Pedestrian paths or multi-use trails. Required sidewalk, bicycle facilities, multi-use paths greenways, trail connections, or public utility connections shall not count towards the minimum open space requirement. Extensions that are not part of an adopted plan or required public utility shall count towards the minimum open space requirement. d. Passive landscaped open space (e.g. nature trails, natural buffers). 4. Open spaces shall be reasonably accessible to foot traffic. 5. If the associated development contains any residential dwelling units, no less than 50% of the minimum required open space shall be designed for active recreation and use. 6. Open space shall be protected in perpetuity by a binding legal instrument, as provided in Section 14.10, Requirements Regarding Ownership and Management of Open Space. 4.3.4 Amenity Package Requirements A. Table 4.3.4, Amenity Package Requirements provides a summary of amenity requirements depending on the number of lots within the subdivision or units within a development. Table 4.3.4 – Amenity Package Requirements Size Amenity Size Primary Amenities Required 0 to 99 lots Pocket Park(s). This can be divided between multiple parks to be a combined total of a minimum of 1,500 sq. ft. in size; and Additional Amenities Required At least one (1) from Section 4.3.4, B Commented [EM63]: Discuss open space & active requirements (GL): Please clarify how the requirement that at least 50% of required open space in residential developments be designed for active recreation will apply to smaller developments and development types where passive open space or natural-resource preservation may be more appropriate. Commented [DS64R63]: The definition of open space is broken down into 5 categories including recreation or active uses (category B and C). We are requiring that at least 50% of the open space be category B or C . Previously the requirement was an area equal to 1% of the total floor are proposed for the development should be public space. We can build in an alternative director approval? Formatted: Font color: Background 1 Commented [EM65]: Could rename these to primary and secondary amenities; to further distinguish between them. Dog park or walking trails a minimum of 1,500 sq. ft in size 100 to 149 lots or Min. 2,000 sq. ft. Pocket Park(s). This At least two (2) from units can be divided Section 4.3.4, B between multiple parks to be a combined total of a minimum of 2,500 sq. ft. in size; and Dog park or walking trails a minimum of 2,500 sq. ft in size 150 to 299 lots or Min. 2,000 sq. ft. A cClubhouse a At least three (3) from units minimum of 4,000 Section 4.3.4, B sq. ft in size 300 or more lots or Min. 2,000 sq. ft. Community Pool, At least two (2) from units Clubhouse, and Section 4.3.4, B Pocket Park(s) to be a combined total of 4,500 sq. ft in size Non-residential or Central green or Mixed-Use (40,000 gathering area a square feet gross minimum of 2,500 sq. floor area or more) ft in size; Walking Trails B. Additional Amenities Required. :In addition to those minimum amenities required by Table 4.3.4, – Amenity Package Requirements, any additional amenities required shall be selected from the following options: 1. Athletic courts (Any combination of tennis, basketball, volleyball, or pickleball courts); 2. Community garden and reflection aArea; 3. Community pool; 4. Dog park; 5. Fire pit and gathering area; 6. Fitness center; 7. Picnic area with grill and covered pavilion; 8. Playground; 9. Walking trail(s); Commented [EM66]: Discuss providing amenity package requirements for smaller developments (GL): Please confirm that developments containing fewer than 100 lots or units are intentionally exempt from the Amenity Package Requirements, regardless of total development acreage. Commented [DS67R66]: This is the current requirement. If we want to do a requirement for 0 - 100. Then I would think that would require at a minimum a pocket park and 1 additional amenity. Formatted: Underline 10. Any other amenity as approved by the Director. 4.3.5 Outdoor Lighting Standards A. Purpose and Intent. The intent of this UDC is to preserve, protect and enhance the lawful nighttime use and enjoyment of all property through use of appropriate lighting practices and systems, while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. B. Applicability. Outdoor lighting installed within the City shall be in conformance with the requirements established by this Section. C. Exemptions. The following shall be exempt from the provisions of this Section: 1. All temporary emergency lighting needed by police or fire departments or other emergency services; 2. All hazard warning luminaires required by federal regulatory agencies; 3. All vehicular luminaires; 4. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels; 5. Holiday decorations; 6. Signs; 7. Street lights; 8. Aesthetic lighting limited to interior roadway lighting with a maximum height of two (2) feet within a development, not intended to take the place of required street lighting, or lighting to be utilized within open space used to feature decorative plantings, sidewalks, walkways, or ornamental objects, such as fountains or similar features. Aesthetic lighting, although exempt from an iso footcandle plan, shall be identified on all design plans as to type of light and location to ensure appropriate use of aesthetic lighting in accordance with this Section. D. Outdoor Lighting Regulations. 1. All outdoor lighting shall be installed in a way that does not cast light upon or adversely affects adjacent properties or roadways. This shall not apply to lighting established by governmental authority within public rights-of-way. 2. Measurement. Light intensity levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any property line or street right-of-way line at a height of five (5) feet above grade level. 3. Lighting fixtures shall be fully shielded and directed downward, and shall utilize full cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site glare and minimize light pollution. a. The Director may approve decorative light fixtures as an alternative to shielded fixtures, provided that such fixtures would enhance the Commented [DS68]: Please review the revised exemption list and confirm that the removal of existing exemptions for athletic fields, swimming pools, temporary construction lighting, agricultural lighting, motion-sensor lighting, and shielded pedestrian walkway lighting is intentional. Consider whether any of these uses require separate lighting standards due to their operational characteristics. [GL] aesthetics of the site and would not cause greater off-site glare or light pollution 4. Intensity Specifications. a. Lighting intensity within a site shall not exceed ten (10) foot-candles at any one point; however, the Director may permit a maximum intensity of 20 foot-candles provided that such lighting is otherwise in compliance with this ordinance. and a.b. Llighting intensity within a site levels do notshall not exceed 1.0 foot-candle at any property line abutting a parcel zoned or used nonresidentially or adjacent to rights-of-way. Where the site abuts a parcel zoned or used residentially, lighting levels shall not exceed 0.5 footcandles. b.c. Wall-mounted lights shall be cut-off, and directed downward with a maximum output of four hundred (400)400 hundred watts per fixture. E. Additional Requirements by Type. 1. Security Lighting. a. Security lighting shall be directed towards the targeted area and shall not be on poles taller than 25 feet. b. Security lighting shall be maintained in such a manner as to prevent glare and lighting into properties of others or into a public right-of-way, and the system also shall be designed and maintained so that lights are not activated by activity off of the subject property. 2. Outdoor Recreational Facilities. a. Illumination shall be provided by full cutoff luminaires, except for large areas, where luminaire supports inside the areas would restrict the function or compromise safety. Examples of such large areas include, but are not limited to, baseball, softball, soccer, football, and golf driving ranges. Shielded floodlights shall be used for these areas. Smaller areas, including tennis, volleyball, racquetball and handball courts, and swimming pools shall utilize full cutoff luminaires and shall conform to the requirements of this ordinance regarding light trespass. The average illuminance on ground shall not exceed 50 footcandles. Formatted: Font: Not Bold Formatted: Font: Not Bold 3. Landscape, Decorative, and Architectural Lighting a. Luminaires used to illuminate flags, statues, steeples, monuments, and other tall narrow objects shall be illuminated with the type of luminaire that directs the narrowest beam capable of illuminating the object. Illuminance at the level of the illuminated object shall not exceed 10 footcandles. Formatted: Font: Not Bold b. Lighting on buildings for aesthetic purposes shall be directed downward from the top. Exception: selected portions of a building may be illuminated from below, if the portions illuminated total less than half of the vertical face. The average illuminance shall not exceed 10 footcandles. Formatted: Font: Not Bold 2.c. All outside illumination of any building and/or surrounding landscape, public or private, for esthetic, architectural, or decorative purposes is prohibited after 11:00 P. M. or when the business closes, whichever is later. Formatted: Font: Not Bold F. Plans Required. Prior to the issuance of a land disturbance permit or building permit for a project that involves the installation of outdoor lighting, a photometric illumination plan shall be provided by the applicant. The plan shall include the following information: 1. Location, type and height of all proposed light fixtures. 2. Photometric grid overlaid on the proposed site plan indicating the overall light for intensity throughout the site, measured in foot-candles. This plan shall demonstrate compliance with the lighting regulations of this UDC. 3. Specifications and details for the fixture type being proposed, including the total lumen output, type of lamp and method of shielding. 4. Any other information deemed necessary by the Director. 4.3.6 Utilities A. Utilities shall be located underground. B. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. C. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4.3.7 Encroachment on Public Rights-of-Way A. No building, structure, fence, service area, parking facility/area, loading area, except driveways and permitted utilities shall be permitted to encroach on public right-of-way. All permanent structures or inorganic objects that are placed near, but not within the right-of-way, shall be located as to not obstruct, hinder or impede the view or movement of pedestrian and vehicular traffic as to become a nuisance, danger or hazard to the public. 4.3.8 Posting of Addresses A. Each dwelling unit and place of business shall have light-reflective numbers of the address posted and maintained in a prominent place on the property visible from the street providing public access. B. The numbers shall be at least three (3) inches in height with a contrasting background. 4.3.9 Dumpsters and Service Areas A. This section shall not apply to community or public recycling bins or drop boxes; however, the location shall be determined by the Director in accordance with the standards herein. B. Utility Service Areas 1. Utility service areas located outside of the right-of-way that exceed 42 inches in height and 42 inches in any other dimension must be screened from the view from adjacent property or street (not including an alley). 2. Screening shall consist of landscaping or a wall or fence compatible with the principal building in terms of texture, quality, material, and color. 3. Utility service areas must be located an adequate distance from the street to allow for any required screening to be installed without encroaching into the public right-of-way. 4. Screening is not required for utility service areas located more than 50 feet from a street. C. Dumpsters 1. Screening. a. All garbage dumpsters and other similar areas devoted to the storage of waste materials shall be screened on three (3) sides of said area with an enclosure of a minimum of eight (8) foot high, or two (2) feet taller than the highest point of the waste/grease container, compactor, or dumpster, whichever is greater, of solid masonry or decorative precast concrete walls. Fats, oils, and grease receptacles shall be provided within the enclosure. b. Bollards are required at the front of the enclosure walls to protect the enclosure from trash collection vehicles. c. The operable side of the dumpster shall be concealed with a gate equal to or higher than the height of the dumpster. The gate shall be opaque, have self-latching mechanisms, be of colors consistent with the principal building, and be constructed of opaque metal. Chain link gates with or without opaque slats are not permitted. d. Where dumpsters are adjacent to parking areas, a three (3) foot landscaped buffer shall be provided that does not impede access into and out of vehicles. 2. Location. a. The dumpster shall be located to the side or rear of buildings and oriented away from view from the street (not including an alley). b. The consolidation of trash areas between buildings is encouraged. Commented [EM69]: Discuss blanket screening requirement for utility service areas regardless of distance (GL) c. In no case shall loading activities hinder or obstruct the free movement of vehicles, and pedestrians over any street, sidewalk, alley, or interrupt parking lot circulation. d. Access to dumpsters shall be provided via a paved, dust-free surface. 3. The use of modern disposal and recycling techniques is encouraged. 4.3.10 Streetscape Standards A. Applicability. This Section shall apply to all parcels of land abutting any of the roadways known as Highway 138 West, Highway 42 North, Jodeco Road, Eagles Landing Parkway, Hudson Bridge Road, Rock Quarry Road, East Lake Parkway, East Atlanta Road, North Henry Boulevard, Patrick Henry Parkway, Country Club Drive, Flippen Road, Walt Stephens Road, Mount Zion Parkway, Campground Road and any other roadway having a classification of "collector" or a higher order. All property contained within any parcel subject to this Section on the effective date from which this Section is derived shall continue to be subject to this Section, even if the parcel is subdivided in the future. B. Streetscape Standards. The streetscape along the major highways arterial and collector roads shall be divided into three (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and twenty (20)20 feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-ofway as approved by the Director of Public Works or on private property 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Shall contain street trees planted in accordance with Section 13.84.7.4, Street Trees. b. Pedestrian scale street light fixtures shall be installed, and spaced between 40 and 60 feet apart. If a driveway or similar access drive would exists between two fixtures, with a pavement width greater than 30 feet as measured at the right-of-way line, the maximum distance between the lighting fixtures on each side shall be increased to 80 feet. c. Benches shall be required at all locations where the abutting parcel is zoned or used commercially. Benches shall be spaced no greater than 500 feet apart. d. At least one (1) trash receptacle shall be placed at each street intersection, and along roadways, as to be spaced no greater than 500 feet apart. e. Bicycle racks, each with the capacity to secure at least two (2) bicycles, shall be required at all locations where the abutting parcel is zoned or used commercially or for multi-family residential. Racks shall be spaced no greater than 500 feet apart. 4.3.11 Access Management and Connectivity. A. Purpose. The purpose of this Section is to set standards for the provision of access to development in a manner that preserves the safety and efficiency of the transportation system. The management of access is a means by which substantial public investment in the transportation system can be protected and the need for remedial measures eliminated or reduced. B. Access Management. 1. All developments shall have access to a public right-of-way. 2. When a tract fronts on a State highway, major arterial, or minor arterial street, a frontage street may be required for access to individual lots. 3. All residential lots in a subdivision shall only take direct access from within the subdivision. 4. Any access to a State highway shall be consistent with the requirements of the GDOT. 5. All street design and other development activities, including landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles. 6. Along thoroughfares, arterials, or collector streets, a deceleration lane, a turn lane, larger or reduced turning radius, traffic islands or other devices or designs, including traffic calming devices and designs, may be required to avoid specific traffic hazards which would otherwise be created by the proposed driveway location. The Director may require the submission of a traffic analysis based on the scale and scope of the project to determine required improvements. 7. No approval shall be granted for a subdivision, or subsequent phase or addition to an existing subdivision, unless the property is served by a paved county road, with right-of-way sufficient to meet the requirements of Chapter 16, Infrastructure Improvements. 8. Access points, whether private commercial/industrial drives or city or county roadways, shall line up directly across from one another when possible. Formatted: Heading 3, Indent: Left: 0", First line: 0", Space Before: 0 pt, After: 0 pt, Line spacing: single C. Number of Access Points. 1. In order to ensure emergency vehicle access, every subdivision with more than 20fifty (50) lots shall have at least two (2) continuously open points of ingress/egress from the existing street system. a. Where a subdivision is providing two (2) or more connections to the existing street system, the requirement for two (2) points of ingress/egress is met. The requirement for access shall not be satisfied by a stub-out to a future, planned, or platted street that has not been constructed b. A subdivision on a single, dead-end street, containing twenty (20)20 or fewer lots shall not be required to provide two (2) points of ingress/egress. Such streets must be designed to connect to existing, planned or platted streets with a stub-out, where applicable. c. Where a subdivision is allowed one (1) point of access, that entrance street shall be designed with a three (3) lane divided entrance street. The right turn lane shall be required to have a 75 radius to provide needed lateral separation between two (2) vehicles exiting at the same time. 2. Industrial and freight-oriented developments shall provide at least (2) continuously open points of ingress/egress. One open point shall be dedicated for employee passenger vehicle and the other for freight vehicles, where feasible. The right turn lane shall be required to have a 75 foot radius to provided needed lateraled separation between two (2) vehicles exiting at the same time. 3. Limitations. Within any zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be in accordance with Table 4.3.11.C, - Access Limitation Requirements. Table 4.3.11.C – Access Limitation Requirements Property Frontage Length Number of Access Points Up to 100 feet 1 101-200 feet 2 201 feet or more 2, plus 1 or additional as approved by the Director D. Additional Requirements. 1. Within any residential zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: Commented [DS70]: Please clarify the required configuration of a “three (3) lane divided entrance street,” including the required number and direction of inbound/outbound lanes and whether a raised or landscaped median is required. Please confirm the intended 75-foot radius requirement in §§4.3.11.C.1.c and C.2 and coordinate with applicable engineering and Fire standards. Also specify the point and method from which the required radius is measured. [GL] Commented [DS71R70]: We recommend that the public works department confirm this information or provide what the typical street section would be a. At street intersections, no curb cut shall be located within 50 feet of the intersections of two (2) curb lines or such lines extended, or within 15 feet of the intersection of two (2) property lines extended. b. The distance between any two (2) curb cuts on the same side of the street and located on one (1) property shall be not less than 20 feet. Curb cut distance shall be measured between the points of tangency of the curb return radii and the established curb line of the abutting street. c. All driveways shall be constructed to be at least two (2) feet from any property line. d. The maximum width of any standalone driveway shall not exceed 20 feet measured at the right-of-way line. e. The maximum width of any curb cut, including curb returns, shall not exceed 30 feet. f. The sum of the two (2) curb return radii for any one (1) curb cut shall not exceed 15 feet. 2. Within any non-residential or mixed-use zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: a. At street intersections, no curb cut shall be located within 50 feet of the intersections of two (2) curb lines or such lines extended, or within 15 feet of the intersection of two (2) property lines extended. a.b. All driveways shall be constructed to be at least five (5) feet from any property line. b.c. The maximum width of any driveway shall not exceed 40 feet measured at the right-of-way line. c.d. The maximum width of any curb cut, including curb returns, shall not exceed 50 feet. E. Driveway Separation. 1. For driveways/roadways that require an offset, the spacing between drives/roadways, whether on the same side or opposite side of the intersecting roadway shall be required to have the minimum centerline to centerline spacing requirements in accordance with Table 4.3.11.ED, Driveway Separation. Table 4.3.11.DE – Driveway Separation Posted Speed Limit Up to 30 mph 35 mph 40 mph Spacing Required 125 feet 150 feet 185 feet 45 mph 50 mph 55 mph 230 feet 275 feet 350 feet 2. For intersecting roadways that are not classified as collector or above and have posted speed limits thirty (30)30 miles per hour or less, private commercial/industrial driveways may be allowed to have a reduced offset requirement at the City’s or Henry County Department of Transportation's discretion. F. Proposed Streets. 1. All proposed streets shall be continuous and in alignment with existing, planned, or platted streets. 2. Proposed streets shall be extended to the boundary lines of the tract to be developed or subdivided, unless prevented by topography or other physical conditions. G. Joint Access. 1. Joint access driveways and cross access easements shall be in accordance with the following provisions: 2. Adjacent commercial or office properties shall provide a cross access drive and pedestrian access to allow circulation between sites through a system of joint use driveways and cross access easements. The design of the joint or cross access area shall incorporate the following: a. A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation; b. Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service driveStubbing a connection to the adjacent parcel at the property line; and c. Sufficient separation between side street access to the property and the major road to ensure safety. 3. In order to ensure continuous availability of access to all properties, all property owners shall: a. Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive; b. Record an agreement with the deed that remaining access rights along the thoroughfare shall be dedicated to the city and pre-existing driveways shall be closed and eliminated after construction of the jointuse driveways; and c. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners. 4.4 Architectural Guidelines 4.4.1 General Requirements A. Design Composition. 1. The exterior design of buildings should be complementary with the prevalent architectural features of the surrounding neighborhood, block, or street, especially in areas that have established and recurring architectural exterior patterns and features, 2. Materials shall be selected for their suitability to the type of building and design for which they are used. Any piecemeal embellishment and frequent changes in material should be avoided. 3. All sides of the building shall use materials that are consistent with those on the front façade, if they are visible from public streets or neighboring properties; and they shall be carefully designed with similar detailing, comparable quality, and compatible materials. B. Exterior Finish Materials. 1. Exterior finish materials shall be identified in the approved Exterior Finish Materials List maintained by the Planning and Zoning Department. All exterior walls (not including windows and doors) for all new construction shall consist of the following permitted building materials, as applicable: a. Brick, or brick veneers, except that only natural brick may be used for residential buildings. Brick veneer walls shall use full-depth brick; b. Natural stone such as, but not limited to, granite, limestone, and acid marble. Terra cotta or cast stone which simulate natural stone are also acceptable. Painted stone and stone veneers are not allowed; c. Split-face block/concrete masonry unit (CMU) is restricted to a maximum of 20% of the façade; d. High-grade stucco; e. Natural wood or cementitious fiberboard siding; f. Glass. Glazing shall be clear or slightly tinted (not opaque nor highly reflective) glass; g. Vinyl siding with a nominal thickness of forty-six one-thousandth (0.046) inches; or h. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. 2. Prohibited exterior materials, unless allowed herein, include: a. Non-architectural metal panel systems; b. Softwood plywood grade B or lower, oriented strand board and particle boards; c. Unfinished cast-in-place or precast concrete vertical elements (e.g., walls, columns, exposed elevated slab edges); Formatted: Font: Bold Formatted: Font: Bold Commented [DS72]: Built this in to allow for the department to maintain a “look book” of approved or used materials d. Exposed concrete block; e. Aluminum siding; or f. Metal screens or bars covering window openings. f. Formatted: Normal 4.4.2 Requirements for Industrialized or Modular Homes A. A dwelling unit manufactured in accordance with Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs shall meet the following standards: 1. A minimum width in excess of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 3. A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every 12 inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A minimum roof overhang of 12 inches is required. All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles. Other roof materials may be used where specifically approved by the Director. 5. A curtain wall, un-pierced except for required ventilation and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches and shall be constructed of masonry or similar material. 6. The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 7. Utility meters shall be mounted to the structure rather than on a utility pole. 8. A landing shall be installed at each doorway. The minimum size of the landing shall be four (4) feet by six (6) feet (excluding steps) at each doorway. The structure shall include steps which lead to ground level, and both landing and steps shall meet the requirements of the Standard Building Code. 9. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. 10. The dwelling shall be installed in accordance with O.C.G.A. § 8-2-110 et seq., and the rules promulgated thereunder. 4.4.3 Requirements for Manufactured Homes A. A dwelling unit manufactured with the Secretary of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, shall meet the following development standards: 1. A minimum width of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 3. Any dwelling unit for which a building permit was obtained prior to the adoption of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A curtain wall, un-pierced except for required ventilation and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall be non-load bearing and have a minimum thickness of four (4) inches when constructed of masonry, brick, stone finish, or similar material. When metal or molded curtain walls are used, they must be attached to treated wood framing that is no more than 24 inches on center or metal channel framing. 5. The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 6. All axles, tongues, and transporting and towing apparatus shall be removed before occupancy. 4.4.4 Requirements for Single-Family Detached and Attached (includes duplex, triplex, quadraplex, and townhomes) A. Design Composition. 1. The front facades shall include at least two of the following architectural modulation and details: a. Varied materials and wall planes; b. Varied roof forms and roof lines; c. Balconies; d. Porches; e. Bay windows; f. Varied window sizes and shapes; g. Shutters; h. Entrance doors; i. Sidelights; j. Pilasters; k. Varied garage door designs; l. And other features as approved by the Director. 2. Identical facades shall not be used for more than two (2) dwellings or buildings on the same block face, or for buildings that face each other across a street. For townhomes, identical façade designs must not be used for more than six (6) on the same block face, or for buildings that face each other across a street. Differentiation between adjacent facades may be accomplished by a change in materials, building height, color, or roof form. 3. The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. In cases where homes fall off in grade toward a basement condition, the brick or stone water table shall be extended along the sides and rear to achieve the same height as exists on the front of the home. 5. Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Code, shall be enclosed by masonry blocks or bricks joined by mortar, or poured concrete walls having a minimum height of 18 inches and a minimum width of six (6) inches. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri 6. Garages. a. A minimum of two (2) car garages shall be required for all single-family detached residential structures. Side or rear entry garages shall be required. b. Two (2) car garages are required for each unit of a duplex. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, glass, stucco, shake, wood, or cementitious fiberboard siding. 2. Buildings in the CCR zoning district are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. The minimum roof pitch of a single-family home shall be 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. 4.4.5 Requirements for Single-Family Detached and Attached (townhomes) A. Design CompositionArchitectural Image and Character. 1. Townhome developments shall be designed to maintain a high-quality residential character through appropriate building massing, architectural detailing, materials, and façade articulation. These standards are intended to Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: Formatted: Font: promote durable, attractive, and compatible development while allowing flexibility in architectural style, provided the minimum requirements of this section are satisfied. 1. The front facades shall include at least two of the following architectural modulation and details: a. Varied materials and wall planes; b. Varied roof forms and roof lines; c. Balconies; d. Porches; e. Bay windows; f. Varied window sizes and shapes; g. Shutters; h. Entrance doors; i. Sidelights; j. Pilasters; k. Varied garage door designs; l. And other features as approved by the Director. 2. Identical facades shall not be used for more than two (2) dwellings or buildings on the same block face, or for buildings that face each other across a street. For townhomes, identical façade designs must not be used for more than six (6) on the same block face, or for buildings that face each other across a street. Differentiation between adjacent facades may be accomplished by a change in materials, building height, color, or roof form. 3. The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. In cases where homes fall off in grade toward a basement condition, the brick or stone water table shall be extended along the sides and rear to achieve the same height as exists on the front of the home. 5. Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Code, shall be enclosed by masonry blocks or bricks joined by mortar, or poured concrete walls having a minimum height of 18 inches and a minimum width of six (6) inches. 6. Garages. a. A minimum of two (2) car garages shall be required for all single-family detached residential structures. Side or rear entry garages shall be required. b. Two (2) car garages are required for townhomes and for each unit of a duplex. B. Design Composition. Formatted: Font: Not Bold 1. Building design shall incorporate durable, high-quality exterior materials that are compatible with the architectural character of the surrounding area. 2. Primary exterior materials shall consist of brick, natural stone, stucco, or cementitious fiber cement siding. Natural stone is preferred; however, manufactured stone may be permitted when approved by the Community Development Department and determined to be of comparable quality and appearance. 3. Rear elevations shall be constructed of brick, stone, stucco, cementitious fiber cement siding, or another approved material that is architecturally compatible with the front façade. 4. Exterior colors shall consist of a cohesive and complementary color palette. 5. Bright, fluorescent, or highly reflective colors shall be prohibited except as minor accent colors approved by the Community Development Department. 6. Front elevations and elevations facing a public street or common open space shall incorporate a minimum of three (3) exterior materials and three (3) complementary colors. 7. Interior side and rear elevations shall incorporate a minimum of two (2) exterior materials and two (2) complementary colors. 8. Two (2) car garages are required. 9. Brick, stone, wainscot, or other approved primary façade materials shall wrap a minimum of two (2) feet around all exterior building corners. 10. Primary façade materials shall extend the full width of each front elevation and any elevation facing a public street or common open space. 11. Material transitions shall occur at logical architectural breaks and shall not terminate abruptly at outside corners. B.C. Exterior Finish Materials. 1. The front façade of each townhome dwelling unit shall be comprised of not less than 75% percent brick. The remaining 25% percent of the front façade may consist of stone, stucco, cementitious fiber cement siding, shake, or other materials approved by the Unified Development Code. a. For purposes of calculating façade materials, doors, windows, garage doors, gables, and eaves shall not be included in the calculation. Formatted: Font: Not Bold 1. Exterior building materials shall be primarily brick, stone, other masonry, glass, stucco, shake, wood, or cementitious fiberboard siding. 2. Buildings in the CCR zoning district are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 2. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. The front and side façades of each dwelling unit shall consist of primary exterior materials, including brick and/or stone, together with complementary secondary materials such as stucco, shake, or cementitious fiber cement siding, provided that cementitious fiber cement siding shall not exceed 30% percent of the total exterior wall area. 3. The rear elevation may consist of brick, stone, stucco, cementitious fiber cement siding, or a compatible combination of these materials. All exterior materials shall be architecturally compatible with the front façade. 3.4. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all townhome dwelling units, including gables and eaves, unless otherwise expressly permitted by this Unified Development Code. D. Building Features. Formatted: Font: Bold 1. The primary entrance to each townhome building shall be clearly identifiable and emphasized through the use of an appropriately scaled architectural feature, such as a porch, portico, canopy, recessed entry, or similar architectural element. 2. Canvas or fabric awnings shall not be permitted at primary building entrances unless specifically approved by the Community Development Department as an integral component of the building's architectural design. 3. For multifamily-style townhome buildings with a common entrance, the primary entrance shall provide direct access to a vestibule or interior lobby. 4. Each dwelling unit shall include either a functional balcony or, for ground-floor units, a private patio or other usable outdoor living space. 5. Juliet balconies may be permitted when architecturally integrated into the overall building design. 6. Exterior elevated walkways, exterior landings, and exterior common stairways providing primary access to individual dwelling units shall be prohibited. E. Architectural Details and Orientation. Formatted: Font: Not Bold Formatted: Font: Not Bold 1. Where thin veneer brick or manufactured stone is utilized as an exterior finish material, the material shall wrap around exterior building corners a minimum of 24 inches or terminate at an inside corner to provide the appearance of fulldepth masonry. 2. Trim surrounding windows, doors, building corners, rooflines, and changes in exterior materials shall be architecturally proportionate and shall have a minimum nominal width of four (4) inches. 3. Trim colors shall complement or appropriately contrast with the primary exterior building materials. 4. Where shutters are provided, they shall be proportionate to the adjacent window opening and sized to appear functional. 5. Roof eaves and overhangs shall project a minimum of 12 inches, unless an alternative architectural treatment is approved by the Community Development Department C.F.Roof RequirementsMassing and Roof Forms. 1. Townhome buildings shall not exceed two and one-half (2½) stories in height when viewed from the fronting public or private street. Any above-grade parking level visible from the street shall be considered a story and shall be included in the maximum building height calculation. 2. Townhome buildings shall incorporate pitched roofs. Acceptable roof forms include gable, hip, shed, or similar residential roof styles. False parapets or other architectural elements intended solely to conceal a pitched roof or create the appearance of a flat roof shall be prohibited. 3. Dormers, where provided, shall be functional, proportionate to the building, and architecturally integrated into the overall design. Dormers used to conceal mechanical equipment may be permitted, provided they remain consistent with the architectural character of the building. 1.4. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. The minimum roof pitch of a single-family home shall be 4:12. Porches, stoops, and dormers are exempt from this requirement. D.G. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: Formatted: Font: Not Bold a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. H. Maintenance. 1. All exterior architectural features, building materials, landscaping, and design elements required by this section shall be maintained in good repair throughout the life of the development. Replacement materials shall be substantially similar in appearance, quality, and design to the originally approved materials unless otherwise approved by the Community Development Department. I. Review and Approval. 1. Architectural elevations and site plans shall be reviewed by the Community Development Department as part of the applicable development review process, including site plan approval, subdivision approval, or other applicable development applications. Approval of the architectural elevations shall be required prior to the issuance of any land disturbance or building permit. J. Site Development Standards. 1. Landscaping shall comply with the applicable provisions of Chapter 13, Buffers, Landscaping, and Tree Protection, of the UDC. b.2. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy unless an alternative installation schedule or financial guarantee is approved by the City in accordance with the Unified Development Code. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: (Default) Calibri, Ligatures: None 4.4.5 Requirements for Multi-Family Residential (includes apartments and condominium buildings) A. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features. The maximum wall length without façade features shall not exceed 30 feet. a. Columns; b. Windows; c. Doors; d. Balconies; e. Pilasters; f. Changing rooflines; g. Cornice; h. Porch entrances; i. Tower elements; j. Architectural patterns and texture; k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the streetfacing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Window systems shall be recessed from the façade of the building a minimum of three-quarters (0.75) inches. This reveal may be achieved through the design of the window casing reveals and frames, the use of a brick sill, or recessing the front face of the upper sash from the exterior wall plane. Alternative detailing that achieves a similar degree of depth and visual articulation may be approved by the Director. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. 5. The building design shall include a minimum of a one (1) foot deep cornices along the entire front facade of the building and extending for a distance of at least ten (10) feet along the sides of the building. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 2. Buildings in the MFR zoning districtStand-alone multi-family buildings are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. Roof Requirements. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Site Requirements. 1. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 1. 2. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 2. 4.4.6 Requirements for Non-Residential (includes mixed-use, commercial, institutional, industrial, etc.)4.4.6 Requirements for Non-Residential (includes mixed-use, commercial, institutional, industrial, etc.) A. All buildings constructed within a MUS, MU, PUD, C-1, C-2, OI, LI, or HI zoning districts shall meet the development standards and the appearance standards set forth in this section. “Buildings” shall include all commercial, office, institutional, and industrial buildings. B. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features: a. Columns; Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri b. Storefront; c. Windows; d. Piers; e. Pilasters; f. Changing rooflines; g. Variation in setback of the facades; h. Cornice; i. Tower element; j. Architectural Patterns and Texture; k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the streetfacing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Building designs shall integrate at least one (1) material changes and color variation averaged over each façade. Buildings with facades longer than 100 feet shall have an articulated façade that incorporates at least one (1) significant modulation that includes a variation in setback of the facades and/or color and texture change. 4. All windows shall be consistent with the decorative façade design, considering materials and colors. 5. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each 6. For any multi-tenant commercial development, a covered arcade/structural canopy shall be provided along the front facade of the building. It shall be a minimum of five (5) feet in width and designed to provide covered areas for relief from the weather. Different arcade/structural canopy designs may be used for each individual tenant/business within a multi-tenant commercial development provided that they blend aesthetically with the front facade of the building and has the approval of the building owner and the Director. 7. A pedestrian entrance which faces an abutting public street, or the nearest public vehicular access drive if there is no abutting public street. This pedestrian entrance shall be a primary entrance that is open to guests or customers during the hours of operation of the subject building. C. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, or EIFS. 2. Commercial and mixed-use buildings in the MUS, MU, PUD, C-1, C-2, or OI zoning district are required to be at least 785% brick or stone of the façade area onn all four (4) facades of the building. with the remainingThe remaining 15% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facadefaçade areas shall be constructed of metal or steel. For the purposes of these calculations, “façade area” includes the area of parapets, windows, and doors. 3. Industrial buildings in the MUS, MU, PUD, LI, or HI zoning district shall maintain a decorative façade on that portion of the building that faces all public streets. The decorative facade shall consist of brick, masonry, and/or wood. Glass may be used in combination with brick, masonry, and/or wood. Commented [EM73]: Potentially clarify calculation language (GL): Please clarify how windows, doors, storefront glazing, and other openings are treated when calculating the required 85% brick or stone façade coverage. Consider specifying whether the percentage is calculated based on gross façade area or net opaque wall area excluding openings. 4. Facade colors and materials shall be limited to three (3) per facade face. They shall either be complementary to the materials that are already being used in the neighborhood; or, if dissimilar materials are being proposed, other characteristics such as scale, proportion, form, architectural detailing, color, and texture shall be sued to ensure that the building related to the rest of the neighborhood. 5. All facades that are visible form a public street or park/open space shall utilize high-quality finish materials. 6. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. D. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the Director. 2. Metal roofing, if utilized, shall consist of standing seam metal roofing with a minimum 29-gauge rating. The metal must be covered with acceptable materials. 3.2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. Commented [EM74]: Clarify what this means (GL) – what needs to be covered, and what is “acceptable materials”? Commented [DS75R74]: Since we allow other roof materials approved by the Director I have removed this to be determined by the director. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. E. Site Requirements. 1. Street level retail uses with sidewalk frontage shall provide an entrance to the building from the sidewalk in addition to any other access that may be provided to the building. 2. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 3. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 4.4.7 Establishments over 40,000 Square Feet (large-scale retail centers) A. Purpose. This section is intended to provide design standards for uses located in largescale commercial buildings. The purpose is to ensure the compatibility of large buildings and their associated impacts with the surrounding area, and to avoid large, undifferentiated building walls. B. Applicability. Establishments having more than forty thousand (40,000)40,000 square feet of floor area shall comply with the design standards contained in this section in addition to those contained in Section 4.4, Architectural Guidelines and in addition to the site design standards of the underlying zoning district. The size threshold refers to an individual establishment and any associated outdoor areas used for display or storage. C. Building Design Standards. Building design shall meet the standards below in Table 4.4.7.C, Building Design Standards for Establishments over 40,000 square feet. Table 4.4.7.C – Building Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Design Composition • Arcades, display windows, entry areas, or awnings shall be provided along at least 60% of the facade. • A repeating pattern of color, texture, or materials change is required. Roof and roof line • Provide a change in height every 100 linear feet of building length. • Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. D. Site Design Standards. Site design shall meet the standards below in Table 4.4.7.D, Site Design Standards for Establishments over 40,000 square feet. Table 4.4.7.D – Site Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Formatted: Underline Commented [DS76]: Please confirm whether the existing standards governing outside storage/display and seasonal sales for establishments over 40,000 square feet have been relocated elsewhere in the proposed UDC. These provisions do not appear in Table 4.4.7.D. [GL] Commented [DS77R76]: Outdoor display/storage is under 3.2.27 • Parking • Shall not exceed 110% of the parking standard provided. At least 20% of the required parking shall be provided in pervious pavement, grass, gravel, turf block, or similar material. • • Loading Docks • • Structured parking is strongly encouraged. Shall be screened from view from adjacent properties and from the public right-of-way; Shall be located in the side or rear of the building or lot; Shall be set back a minimum of 100 feet from any residentially zoned property. Dumpsters • Enclosed with materials compatible to the principal building, except for an access gate, and screened from view from adjacent properties and from the public right-of-way. • • Formatted: Font: 12 pt Open space A minimum of 20% of the site shall be landscaped open space. Formatted: Font: 12 pt Decorative walkways within landscape medians and around larger parking pods are required for every five (5) drive or parking aisles to provide safety and space for pedestrians. A drive or parking aisle shall include both sides available for parking. If required within a site, the material for these connections shall be a decorative paving material (i.e., stamped or textured concrete, pavers, or color concrete) to delineate the pedestrian crossing. A pedestrian connectivity plan must be approved by the Director. This plan must provide the proposed pavement design, indicate proposed pedestrian walkways within the site, and indicate connections to other sites. Formatted: Font: 12 pt Pedestrian Access • • 4.4.8 Mechanical Equipment A. Exemptions. Free-standing or roof-mounted renewable energy systems such as solar panels are exempt from these screening requirements, where such screening would interfere with the function of said renewable energy systems. Exemptions shall be reviewed and approved by the Director. B. Roof-Mounted Equipment. 1. Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent street (not including an alley) through one of the following techniques: a. Enclosing the utility within a roof that is integrated into the building form; b. Locating the utility within an enclosed mechanical penthouse whose materials and detailing complement the building architecture; Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 10 pt Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, 12 pt c. Locating the utility far enough from the parapet so as to be effectively invisible from adjacent public rights-of-way. 2. Roof-mounted equipment shall be compatible with the principal building in terms of texture, quality, material, and color. C. Wall-Mounted Equipment. 1. Wall-mounted equipment shall not be located on any surface that directly faces a street (not including an alley). 2. Wall-mounted equipment located on any surface that is visible from a street (not including an alley) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material, and color. D. Ground-Mounted Equipment. 1. Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened. 2. Screening shall consist of landscaping or an opaque screen of brick, wood, or masonry materials compatible with the principal building or landscaping. CHAPTER 5: PARKING REQUIREMENTS 5.1 Purpose A. The intent of this Chapter is to ensure the appropriate location, quantity, and quality of off-street parking and loading areas and to ensure that all developments provide adequate and safe storage and movement of vehicles consistent with safe and inclusive site design principles. 5.2 Applicability A. Except as provided in this Chapter, no application for a building permit shall be approved unless there is included with the plan for such building, improvements, or use, a development plan showing the arrangement and quantity of spaces reserved for offstreet parking and loading. If no building permit is required prior to the commencement of a particular land use, compliance with the requirements of this Chapter shall be determined prior to the issuance of a Certificate of Occupancy (C.O). B. Each use of land and each building or structure hereafter constructed or established, and each addition to a structure shall provide off-street parking and loading according to the standards set forth herein. C. When an addition is made to a building containing less than the required parking or loading requirements, an adequate quantity of off-street parking shall be provided for the entire site. D. No addition to an existing building shall be constructed which reduces the number of spaces, area, or usability of an existing parking lot or loading space, unless such building and its addition conform with the regulations for parking and loading contained herein. E. With the exception of restriping parking lots or other routine maintenance which does not result in a reconfiguration of the parking spaces, any modification to existing offstreet parking and loading facilities shall conform to the requirements of this Chapter. 5.3 Maintenance A. All off-street parking and loading areas shall be well maintained. Parking lots and loading areas shall be free of potholes, debris, weeds, broken curbs, and broken wheel stops. B. Signs located within parking lots and painted lines for parking lots and buffers shall be well maintained. 5.4 General 5.4.1 Location A. The required accessory off-street parking facility shall be located on the same lot as the use for which it is provided or on a lot within 400 feet of the nearest boundary of the lot upon which the use is located measured by the shortest distance separating the sites. B. No required parking shall be permitted in any required landscape area or buffer. C. Single-family and Two-Family Dwellings. Parking areas that serve detached singlefamily and two-family residences shall be located on-site and shall meet the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than fifty percent (50%)50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces. D. Townhomes Developments Parking areas that serve townhouses shall adhere to the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than fifty percent (50%)50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces d. No off-street parking space or driveway shall be located within ten (10) feet of any property boundary, except for portions of a driveway intended to connect a garage or carport to the street, rather than for parking. E. Multi-Family Developments. Parking areas that serve multi-family residences shall adhere to the following requirements: a. Parking areas be prohibited within the required setback for the front yard and the side corner yard. b. Driveways shall not be located nearer than ten (10) feet to any side or rear property line. c. No off-street parking space shall be located within 25 feet of any side or rear property line adjacent to a single-family residence, nor within ten (10) feet of any other property line. F. Non-Residential. Parking areas that serve non-residential land uses shall adhere to the following requirements: a. Parking areas shall be prohibited within the required setback for the front yard and the side corner yard. b. No off-street parking shall be permitted within 25 feet of any property line which adjoins a single-family residential district or use. 5.4.2 Vehicle Parking in Residential Districts A. Commercial Vehicle Parking. 1. Except as provided herein, no open parking, open storing, or maintaining of any commercial vehicle shall be allowed to park on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts. B. Exceptions. 1. Any commercial vehicle actively engaged in loading or unloading of merchandise or passengers or actively servicing a customer. 2. Any government vehicle or other vehicle used for the primary purpose of transporting children to and from non-profit organizations, or state licensed accredited schools may park in said districts provided that such vehicle is not parked on any public street and is parked in the side or rear yard behind the main building line of the driver's dwelling. 3. Trucks used in farming the property on which they are located, or trucks used in conjunction with a permitted use. 4. Trucks under four (4) tons in empty weight. C. Recreational Vehicle (RV), Equipment, Truck, and Trailer Parking. 1. Except as provided herein, no motorized or non-motorized recreational vehicles, equipment, or trailers shall be parked or stored on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts for more than 24 hours unless one of the following conditions is satisfied: a. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked in a side or rear yard behind the main building line in accordance with other sections of this ordinance. b. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked under a carport or in an enclosed building. 2. In the case of a corner lot, no vehicles may be parked or stored in the side yard on the street side of the lot. 3. The Director is authorized to allow such equipment to be used as living quarters in the following situations, provided that adequate documentation is provided prior to establishing them: a. Family hardships and catastrophic events. b. Temporary dwelling when a primary structure is being built or modified on the same property. c. No more than one (1) such vehicle is allowed to be occupied on-site at any one (1) time. No separate permanent utility hook-ups or fixtures may be installed at any time. Furthermore, no recreational vehicle shall create a safety hazard, including blocking, or otherwise obstructing, public rights-of-way or sidewalks. Such equipment may be used for a period not to exceed ninety (90)90 consecutive days. 5.5 Parking Calculation Requirements A. Fractional Measurements. When units or measurements determining number of required off-street parking spaces result in the requirement of a fractional space, then such fraction shall be rounded up to the next whole number. B. Where the unit of measure for determining the number of parking spaces is the number of seats in a facility, the number of seats shall be the maximum occupancy allowed pursuant to building and construction codes. C. When multiple uses occupy a building, or a mixed-use development is proposed in separate buildings under unified control, the parking and loading requirement shall be met by each use, unless shared parking is approved according to the standards in this Chapter. D. In the case of a mixed-use building, the minimum amount of parking required shall be that of the use that provides the greatest number of spaces. E. Minimum Space Requirements for Uses Not Identified. Where the need for parking of a particular use is uncertain due to unknown/unusual operating characteristics or where the use is not specifically identified in the Parking Calculation Table, the Director shall determine the most similar land use provided in the table and apply the parking regulations therein 5.6 Required Parking Spaces and Loading Spaces A. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.A – Parking Ratios. B. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.B – Loading Space Requirements. Table 5.6.A – Parking Ratios Land Use Group Land Use Examples (including but not limited to) Adult entertainment establishments Assembly places with fixed seating Assembly places without fixed seating Auto dealerships, sales & service Child care and kindergartens Churches and other places of worship Clubs and lodges Stadiums/auditoriums 1 per 4 fixed seats Theaters/amphitheaters Meeting halls 3 per 100 sq. ft. of Libraries assembly room space New car sales 6 per 1,000 sq. ft. Used car sales Service and parts Day care centers 1 per classroom or Pre-school activity room 1 per 20 sq. ft. of space in the main assembly area(s) Country clubs Fraternal organizations Club with golf course Commercial, amusement, outdoor Minimum Parking Quantity Requirement 10 per 1,000 sq. ft. 5 per 1,000 sq. ft. 50 per 9 holes + 1 per 1,000 sq. ft. Amusement parks Skateboard parks Batting cages 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats; Maximum Parking Quantity Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per fixed seat 6 per 100 sq ft of assembly room space 12 per 1,000 sq ft 3 per classroom or activity room Parking shall not exceed 150% of the Minimum Requirement 10 per 1,000 sq ft Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Custodial care Assisted living Dance studios Dormitories and related Festivals, outdoor Financial institutions Dormitories Fraternity houses Sorority houses Boarding houses Horse shows Carnivals Dog shows Arts and crafts Banks Credit unions Brokerage houses Funeral homes 1 per 3 fixed seats, plus 1 for each 25 sq. ft. in the largest assembly room 50 spaces per 9 holes Golf course, public and private, without club facilities Health care facilities Hotels and motels plus 10 per 1,000 sq. ft. of ground area identified for recreation and assembly 2.5 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 10 spaces per 1,000 Parking shall not sq. ft. exceed 150% of the Minimum Requirement 1 per bedroom Parking shall not exceed 150% of the Minimum Requirement 2 per 1,000 sq. ft. of Parking shall not ground area exceed 150% of the identified for Minimum festivals and music Requirement festivals related seating 5 per 1,000 sq. ft. 10 per 1,000 sq ft Hospitals Out-patient clinics Convalescent home Nursing home Apartment hotels Hotels Motels 1 per 4 beds, plus 1 per 3 employees 1 per room Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per bed Parking shall not exceed 150% of the Minimum Requirement Industrial and manufacturing Assembly plants Fabrication plants Factories Laboratories, Experimental labs scientific and related Fabrication plants Factories Medical offices Dental offices Related facilities Doctor's offices Veterinary offices Clinics Mini-warehouses 1 per 2,000 sq. ft. 3 per 1,000 sq ft 1per 2,000 sq. ft. 3 per 1,000 sq. ft. 4 per 1,000 sq. ft. 8 per 1,000 sq ft 1 per employee, plus 1 per 5,000 sq. ft. Offices, general 3 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Personal service establishments Freestanding offices Office towers Office parks Offices associated with other uses Barber shops Beauty parlors Laundromats/dry cleaners Race track Recreational facilities, indoor Recreation, private Billiard parlors Game rooms Arcades Skating rinks Physical fitness centers Museums Bowling alleys Sports court Swimming pool 5 per 1,000 sq. ft. 12 per 1,000 sq ft 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats, plus 10 per 1,000 sq. ft. of other spectator area 5 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 4 per court 6 per adult swimming pool , plus 1 per 15 dwelling units beyond 60 served 8 per court Parking shall not exceed 150% of the Minimum Requirement 10 per 1,000 sq ft Recreation, public Sports Courts Playing Fields Driving Range Miniature golf Swimming pool 4 per court 50 per field 2 per tee 20 per 18 holes 20, plus 1 per 50 sq. ft. of pool area 3 spaces per 2,000 sq. ft. of building floor area and 2 spaces per outdoor recycling collection container; plus loading spaces 21 space per dwelling unit, plus 1 guest parking space per 5 dwelling units 2 space per dwelling unit, plus 1.4 guest parking spaces (studio or 1 bedroom); 2 guest parking spaces (2 bedroom); 2.25 guest parking spaces (3 bedroom) 1 per dwelling unit 2 per dwelling unit 2 per dwelling unit 8 per court 100 per field 4 per tee 40 per 18 holes 40, plus 1 per 50 sq. ft. of pool area Parking shall not exceed 150% of the Minimum Requirement 1. per dwelling unit 1.5 per dwelling unit 2 per dwelling unit, plus 2 guest parking spaces per unit Detached dwelling 2 per dwelling unit , Duplexes plus 1 guest parking Mobile homes space per 5 dwelling Townhouses units Tiny homeuse residence 1 space per dwelling unit, plus 1 guest parking space per 5 dwelling units 2 per dwelling unit 3 per dwelling unit 4 per dwelling unit Recycling centers Residential, cottage court cluster developmentvillage development Cottage homecourt residence Residential, townhome Residential, multifamily (fewer than 40 units/acre) Residential multifamily high-rise (40 + units/acre) Residential, singlefamily Residential, tiny house village development 1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 1 bedroom or efficiency unit 2-bedroom unit 3-bedroom unit 33 spaces per dwelling unit Formatted: Font: 12 pt 2 per dwelling unit 3 per dwelling unit 4 per dwelling unit Not applicable 33 spaces per dwelling unit Residential, retirement home Restaurants, nightclubs and taverns (including outdoor seating) Retail establishments Salvage, storage and/or junk facility Schools Service and repair establishments Service stations and automotive repair centers Warehousing and storage Retirement homes Retirement village Cafeterias Bars Dance clubs Restaurants Music clubs Bistros Boutiques Shops Stores Rental services Art galleries Food stores Junior High Elementary Middle Secondary High Colleges/Business colleges Tech/universities/trade Conservatories Appliance repair shops Bicycle repair shops Shoe repair shops General repair centers Automotive garages Paint and body shops Tire centers Service stations Commercial storage Distribution centers Table 5.5.B – Loading Space Requirements Type of Use Gross Floor Area (sq. ft.) Single retail establishment services 0 to 19,999 20,000 to 49,999 1per dwelling unit 4 per dwelling unit 6 per 1,000 sq. ft. 20 per 1,000 sq ft 5 per 1,000 sq. ft. 10 per 1,000 sq ft 2 spaces per gross acre 2 per classroom 6 spaces per gross acre 6 per classroom 10 per classroom 20 per classroom 8 per classroom or auditorium 30 per classroom or auditorium 5 per 1,000 sq. ft. 10 per 1,000 sq ft 5 per 1,000 sq. ft. 10 per 1,000 sq ft 1 per 2,000 sq. ft. 2 per 1,000 sq ft. Minimum Loading Space Quantity Requirement 0 1 Shopping centers 50,000 to 250,000 Greater than 250,000 0 to 19,999 20,000 to 49,999 50,000 to 100,000 Greater than 100,000 Office buildings Apartment building over four stories Hospitals, health care establishments Hotels and motels Manufacturing, warehousing, wholesaling, and similar land uses 0 to 999,999 1,000,000 to 2,000,000 Greater than 2,000,000 Recycling centers N/A 0 to 14,999 15,000 to 39,999 40,000 to 80,000 Greater than 80,000 2 3 0 1 2 3, plus 1 per each additional 100,000 square feet of gross floor area 0 1 2 1 2 3 3, plus 1 per each additional 100,000 square feet of gross floor area 2 5.7 Handicap Parking Requirements A. Parking spaces shall be provided for individuals with disabilities pursuant to The Americans with Disabilities Act (ADA). Parking ratios shall be as per the Table 5.7, – Handicap Parking Requirements. B. Accessible spaces shall be marked on the pavement and by appropriate signage, both markings to use the universally accepted "handicapped" symbol. Such spaces shall be located in closest proximity to major building entrances, but in no event shall such spaces be more than one hundred (100) feet from an entrance. C. Ramps shall meet the design standards set forth in the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner. Table 5.7 – Handicap Parking Requirements Minimum Quantity of Parking Spaces Required Less than 26 26—50 51—75 76—100 101—150 Minimum Quantity of Accessible Parking Spaces Required 1 2 3 4 5 151—200 201—300 301—400 401—500 Greater than 500 6 7 8 9 2% of total required spaces 5.8 Design Standards 5.8.1 General A. All parking spaces and drive-aisles that serve multi-family, commercial, and industrial land uses shall be composed of a paved, dust-free surface. The use of approved permeable or pervious pavement materials is encouraged, provided such paving is approved for use by the Director. B. All off-street loading stalls shall have access from a public street. C. Loading stalls are not to hinder movement of pedestrians or vehicles over a street, sidewalk, or alley, or to and from an off-street parking area. D. Off-street parking and loading areas that are to be used at night shall include proper illumination for the safety of pedestrians, vehicles, and for security purposes, pursuant to the illumination requirements of this Chapter. E. Each off-street parking space shall be clearly marked, and directional arrows or signs shall be provided wherever necessary. Markers, directional arrows, and signs shall be properly maintained to ensure their maximum efficiency. F. All off-street parking, loading, and service areas shall be drained to prevent damage to abutting properties and/or public streets and shall be constructed of materials that shall assure a surface resistant to erosion. G. All off-street parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by curbing or similar physical vehicle barriers. G.H. Parking lot solar carports are permitted and encouraged in accordance with Section 3.2.37, Solar Energy Systems. 5.8.2 Dimensional Standards A. The minimum parking lot space dimensions shall be in accordance with Table 5.87.2.A, – Dimensional Standards: Table 5.8.2.A – Dimensional Standards Type of Parking Space 45° angle 60° angle 90° angle (perpendicular) Parallel Compact automobile space: 90° angle Minimum Required Dimensions 9' wide; 25' deep 9' wide; 22' deep 9’ wide; 19' deep 8'6" wide; 21' deep 8' wide; 18' deep Handicapped spaces Refer to the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner B. Aisle Width. The minimum aisle width shall be in accordance with Table 5.87.2.B, – Aisle Widths: Table 5.8.2.B – Aisle Widths Required Width of Interior Driveways and Aisles (feet) 24 18 12 12 24 24 Parking Design (degree of angle) 90° 60° Parallel One-way traffic: Not adjacent to parking Two-way traffic: Not adjacent to parking 90° Figure 5.8.2.B (1) - 90° Parking Formatted Table Figure 5.8.2.B (2) - 45° Parking Figure 5.8.2.B (3) - 60° Parking C. Loading Space Dimensional Standards. The minimum aisle width shall be in accordance with Table 5.8.2.C – Loading Space Dimensional Standards: Table 5.8.2.C – Loading Space Dimensional Standards Land Use Minimum Required Dimensions Overhead Clearance Wholesale and 10’ wide; 50’ deep Industrial Uses 14’ All Other Uses 10’ wide; 35’ deep D. One electric vehicle charging station in accordance with Section 3.2.151 is required per 10 parking spaces, not to exceed 30 spaces. 5.9 Shared Parking Arrangements A. Shared parking facilities are permitted by the City with the following intentions: 1. To reduce the gross land area used for parking lots and parking infrastructure in non-residential areas. 2. To reduce development and maintenance costs associated with parking infrastructure that is rarely or never fully utilized. 3. To foster connectivity between neighboring business and commercial enterprises. B. Where shared parking facilities are proposed, the following standards shall be met: 1. There shall be paved vehicular inter-parcel access between the subject properties. 2. There shall be paved pedestrian inter-parcel access between the subject properties. 3. The subject property owners shall execute a cross-access and cross-parking agreement, provided in a recordable instrument, acceptable to the City. The agreement shall guarantee the joint use of a specified number or share of parking spaces. 4. In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off-street parking requirements for a use or be counted towards shared parking requirements. C. A City shall be furnished with a parking study to demonstrate the proposed shared parking agreement will provide adequate parking for the subject property and land uses. The study shall include the following requirements: 1. Estimates of parking requirements based on professionally accepted data or studies, such as from the Institute of Traffic Engineers, Urban Land Institute, or other sources acceptable to the City. a. Parking requirements shall be based on uses that are the same or comparable to the proposed uses. Comparability shall be determined by density, scale, bulk, area, type of activity, and location in relationship to other uses and the transportation system. b. Parking requirements shall be based upon peak hours of need for each use proposed to share parking facilities. The hours of maximum, or peak, parking demand of the respective developments shall not overlap. 2. Document the source(s) of data used to develop recommendations. 3. Document the extent to which transportation system management and alternative forms of transportation (pedestrian and bicycle) reduce the parking requirement. 4. Document the availability of off-site parking to meet a portion of the parking requirements. Off-site parking shall not be located more than 150 feet from the uses that require parking. The study shall be accompanied by documentation to demonstrate the continued availability of the off-site parking, such as easements or other recordable instruments. D. Shared Parking Calculation. 1. The process for determining the minimum parking requirements shall be as follows: a. Determine the minimum number of parking spaces required for each use category from Section 5.6, Required Parking Spaces and Loading Spaces. b. Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below. c. Total the number of parking spaces for each of the time periods. d. The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties. 2. Shared Parking Requirements shall be as per the Table 5.9, – Shared Parking Requirements. Table 5.9 – Shared Parking Space Requirements WEEKDAYS LAND USE 6:00 A.M. to 5:00 5:00 p.m.to 1:00 P.M. A.M. Residential 80% 100% Office 100% 10% Retail 95% 85% Hotel 60% 100% Restaurant 75% 100% Entertainment 50% 85% Place of Worship 50% 50% WEEKENDS 6:00 A.M. to 5:00 P.M. 80% 20% 100% 60% 60% 70% 100% 5:00 P.M. to 1:00 A.M. 100% 5% 70% 100% 100% 100% 60% 5.10 Parking Garages A. Where practicable, the ground floor facade of any parking structure abutting a street or walkway shall be wrapped with retail or office uses. Where appropriate, liner buildings shielding the garage from public view should be considered. B. Facades shall be designed and architecturally detailed to be compatible and complementary to other uses within the district. C. When fronting a street, windows or other openings shall be provided. 5.11 Bicycle Parking A. Applicability. Bicycle racks are required within all multi-family, mixed-use, and nonresidential developments. B. Design and Location. 1. Bicycle parking spaces shall be located to be readily visible by the public or by building users, except in the case of long-term parking spaces located in secure areas accessible only to employees, staff, or residents. 2. Racks or other spaces shall not intrude on sidewalk zones, or other pedestrian walkways or trails. 3. Bicycle parking spaces shall be accessible without climbing stairs, going up or down a slope of more than 12% and via a route on the property that is designed to minimize conflicts with motor vehicles and pedestrians. 4. All bicycle racks be located greater than 100 feet away from the subject pedestrian entrance. 5. All bicycle racks and similar installations shall be securely anchored to the ground or building structure. 5.12 Stacking Spaces A. This Section applies only to drive-through, drive-thru, drive-up, and similar uses. They are referred to collectively as “drive-through” uses. B. Spaces Required. In addition to the parking required for each use, establishments with drive-through facilities shall provide stacking spaces for each drive-through station as indicated by a parking study, transportation management plan, or other approved evidence that will help to determine the appropriate spaces requirements, submitted to the Director. C. Dimensions. Each lane of stacking spaces shall be at least 9 feet in width and at least 18 feet in length. Edges of stacking lanes shall be delineated with pavement markings. D. Bypass Lane. Drive-through restaurants shall include a bypass lane adjacent to the required stacking lane. The bypass lane shall have a minimum width of ten (10) feet and be designed to allow vehicles to circumvent or leave the stacking lane without waiting for other queuing vehicles to exit. E. Location and Design. Stacking lanes shall be located on the subject property. They may not be located within required driveways or drive aisles, parking spaces or loading areas and may not interfere with access to parking and ingress and egress from the street. Stacking lanes and drive-through windows shall not be located between the principal building and the front street. F. Pedestrian Access. The principal pedestrian access to the entrance of the use from a public sidewalk shall not cross the drive-through facility stacking lane. Figure 5.11 - Stacking Space Requirements CHAPTER 6: SIGN STANDARDS 6.1 Legal Framework 6.1.1 Purpose and Intent A. The City of Stockbridge finds that signs are a proper use of private property, are a means of personal free expression, and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. It is the purpose of this article to promote public health, safety, and general welfare through reasonable, consistent, and fair sign standards. These sign regulations are not intended to censor speech or to regulate viewpoints, but to regulate, mitigate, and prevent adverse secondary effects of signs on City aesthetics, property values, and traffic and pedestrian safety. Accordingly, it is the intention of the City to establish regulations governing signs which will: 1. Balance the burgeoning growth of Stockbridge and it’s interstate highway corridors with the protection and promotion of aesthetics and property values by minimizing the potential adverse effect and visual blight which may be caused by signs; 2. Ensure that Stockbridge remains an attractive community to reside and conduct business in, it is necessary to maintain a visually satisfying environment. Unregulated or underregulated signage may have an undesirable effect upon safety, vehicle and pedestrian circulation, and the well-being of the community; 3. Promote and protect the public health, safety, and general welfare; 4. Protect the character of the City’s historic core and residential neighborhoods; 5. Enhance the economy of Stockbridge by promoting the reasonable, orderly and effective display of signs; 6. Balance the rights of persons to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs; 7. Restrict signs and lights which increase clutter or which increase the probability of traffic accidents by obstructing vision; and 8. Promote signs compatible with their surroundings. 6.1.2 Authority This Article is enacted pursuant to Article IX, Section II, Paragraph IV of the Georgia Constitution of 1983, the Charter of the City of Stockbridge, the general police powers of the City of Stockbridge and other authority provided by federal, state, or local laws applicable hereto. 6.1.3 Applicability A. These sign regulations shall be valid throughout the City limits and apply to all signs that are intended to be viewed, or which can be viewed from a public right of way, a private street, or adjacent property. Signs shall be erected, placed, established, painted, created, and maintained in accordance with the physical standards outlined in this Chapter. Sign placement and size regulations shall vary between districts. B. Some signage has a single targeted function, and identification of signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of identifying addresses, which is a benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. In addition, directional signs are used for the sole purpose of ensuring safe movement of vehicles entering and exiting property to and from public rights-of-way, private roads, and driveways. While such signage may be referenced based upon the function it serves within the context of this Chapter, the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. C. Nothing herein shall be construed to permit display of any message which is obscene, illegal or speech which is otherwise unprotected under the First Amendment of the United States Constitution. Nothing herein shall be construed to prohibit a prosecution for violation of a criminal statute by the City or other duly constituted government authority or a civil action by the City or other private person or entity. 6.2 Review and Approval 6.2.1 Procedures A. Permit. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any sign as defined in this without a permit, except as otherwise provided in this Chapter. No permit for a sign shall be issued until a sign application is submitted and deemed complete the City. B. Application. Application for permits to install signs shall be made upon forms that are provided by the City and shall contain or have attached thereto the following information prior to being considered complete: 1. Name, address, and telephone number of the applicant. 2. Address and tax map parcel number of the location of the proposed sign. 3. The proposed sign type, consistent with the regulations of this Chapter. 4. A sign location plan, to scale, depicting the precise location and dimensions of the proposed sign on the property in the context of all other existing improvements on the site. 5. Sign renderings providing the contents, specifications, and method of construction, attachment, or installation of the sign. The renderings must also provide the precise dimensions and sign area of the sign, and an indication of whether the sign will be illuminated and details of illumination, if any. 6. Name of the person or entity to physically install the sign. 7. Written consent of the owner of the building or lot upon which the sign is to be erected. 8. A written list describing all other signs located on the lot indicating the sign type, size, and placement, including photographs of existing building frontage and signage. 9. Such other information requested by the City, as may reasonably be required for the permitting of a sign. C. Expiration Date. 1. If the work authorized by issuance of a sign permit has not been initiated within twelve (12)12 months of the date of permit issuance, or if such work does not comply with building code and construction standards as provided in this municipal code, the permit shall become null and void. 2. Except as otherwise provided in this Chapter, a temporary sign permit shall authorize the display of a temporary sign only for a period of 30 consecutive days from the date of issuance. In no case shall the same premises be issued a temporary sign permit more than four times in a 12 -month period. Upon expiration of the temporary sign permit, the permittee shall remove the temporary sign and its supporting structure. D. Processing. 1. The City shall process all sign permit applications within ten (10) business days of the City’s actual receipt of a completed application for a sign permit. a. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. b. The Director shall reject any application containing any materially false statements or material omissions. c. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. 2. Within ten (10) business days of a completed application, the Director shall: a. Issue the permit upon determination that the application fully complies with the provisions of this Chapter, building codes adopted by the City, and all other applicable laws, regulations, and ordinances of the City; or b. Inform the applicant, in writing, of denial of the permit, stating the reasons why the permit cannot be issued. 3. If the City does not process an application for a sign permit within 10 days as set forth in this article, then the application shall be considered approved; provided this approval shall not authorize the violation of any standards of the UDC regulating such sign and vests no rights in the owner of a sign erected or constructed in violation of the UDC. Any such sign in violation of the UDC shall be treated identically to a sign affirmatively approved in error by the City, vesting no rights in the sign and subject to revocation of the permit by the City under the provisions of this Chapter. 4. Should it be determined that a sign permit was issued pursuant to an application containing a material false statement, the Director shall revoke the subject sign permit in accordance with Chapter 121, Violations, Penalties, and Enforcement and the subject sign shall be removed. 5. The approval or denial of a sign permit by City staff may be appealed to the City Council pursuant to Chapter 110, Variances and Appeals. E. Fees. No permit shall be deemed complete, and no sign permit shall be issued until the appropriate application fees, as established by the adopted fee schedule, have been paid. 6.2.2 Construction and Maintenance A. All signs, together with all their supports, braces, guides, and anchors shall be kept in constant good repair and, unless constructed of galvanized or non-corroding metal, shall periodically be given an appropriate protective coating. The area surrounding the base of all signs shall be maintained free of high weeds and debris. B. The City may periodically inspect signs to determine compliance. C. The permittee shall remove discarded or unusable paper, sign faces, parts and debris from the sign or sign structure. D. No permittee shall allow sign(s) to fall into disrepair. On first class mail written notice from the City to the sign owner and property owner, any sign which is in disrepair or vandalized shall be repaired or removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 110, Variances and Appeals. E. Abandoned Signs. On first class mail written notice from the City to the sign owner and property owner, any sign associated with a business which has ceased operations for 60 consecutive days shall be removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 110, Variances and Appeals. 6.3 Administration and Enforcement 6.3.1 Responsibilities A. Responsible for Administration. This Chapter shall be administered and enforced by the Director or their designee, who is also responsible for administering the receipt, review, and processing of all applications for sign permits; and all sign application requests filed with the City of Stockbridge. B. Responsible for Compliance. Responsibility for compliance with this Chapter rests upon the sign owner, the permit holder, any and all parties holding the present right of possession and control of the property whereon the sign located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control of the lot or parcel. 6.4 General Regulations 6.4.1 Generally A. All signs shall be in compliance with the provisions of this article, the Standard Building Code, the UDC, and the National Electric Codes as adopted. B. All signs shall be placed on private property, except signs erected on public property by an authorized governmental unit. C. No sign shall be attached to or painted on a telephone pole or power pole, or any tree, rock or other natural object. D. Any sign allowed under this article may contain any message except that such messages shall not be obscene, as defined by the courts. E. For the purposes of determining the number of signs, ground signs shall be equal to the number of sign structures. All other non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in random manner without organized relationship of elements, each such element shall be considered to be a single sign. F. No sign or sign structure (above a height of three (3) feet) shall be maintained within 15 feet of the intersection of the extended right-of-way lines of two streets, of an intersection of a street right-of-way with a railroad right-of-way, or otherwise placed in a location that limits sight distance. G. No sign or sign structure may be erected or maintained which obstructs any fire escape, window, ventilation, door or hydrant; nor shall any sign or sign structure be attached to a fire escape. H. All signs located adjacent to or above a sidewalk or multi-use path shall maintain a minimum eight (8) foot clearance below. All such signs shall maintain at least one (1) foot of horizontal separation from the edge of the sidewalk or multi-use path they overhang. I. Construction Near or on a Lot Containing an Existing Billboard or Pylon. Construction of any structure, building, or appurtenance adjacent to, or on a lot containing an interstate sign, billboard, or pylon sign under the standards of this provision shall require that: 1. No buildings, structures, appurtenances, or new signs may be constructed within the "fall zone" of such sign. A "fall zone" is defined as an area equal to one hundred thirty-three percent (133%) 133% of the height of the sign in every direction. 2. No subdivision of a parcel containing a interstate, billboard, or pylon sign shall be permitted unless the subdivided lot containing the sign is large enough to encompass the "fall zone" of such sign. 6.4.2 Prohibited Signs A. The following types of signs are prohibited in all zoning districts of the City: 1. Abandoned Signs. 2. Animated signs that incorporate frequent flashing, action, motion, or significant changes in color or light intensity. 3. Aerial view signs. 4. Dilapidated Signs. 5. Flashing Signs. Signs installed for safety or control of traffic are exempt from this provision so long as they meet all physical and other standards of the Manual on Uniform Traffic Control Devices. 6. Inflatable signs. 7. Mobile signs. 8. Pole or pylon signs. 9. Roof signs. 10. Signs imitating public warning or traffic control devices. Any sign that displays intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, and any sign that may confuse a driver to believe such a sign to be an official public warning or traffic control device is prohibited. Any sign that uses the dimensional shape, size, colors of, or otherwise substantially imitates a public warning sign or traffic control device is prohibited. 11. Signs or sign support structures that obstruct any fire escape, window, door, stairway, exit, utility access or opening usable for fire prevention, suppression, or connection. No sign shall interfere with any opening required for ventilation. 12. Signs illuminated using neon. 13. Signs that feature beacons, search lights, or lasers. 14. Signs attached to or supported by any trees, utility pole, or similar vegetative or utility feature. 15. Snipe signs. 16. Any other type of sign not permitted or regulated by this Chapter. 16. 6.4.3 Signs Exempt from Permit Requirements A. The following signs are exempt from the permitting requirements of Section 6.2, Review and Approval, provided; however, that such sign shall be subject to all other provisions of this Chapter: 1. Wall signs, window signs, and door signs, not to exceed one (1) square foot in area nor three (3) of each sign type per property. 2. Temporary signs, not to exceed four (4) square feet in area, nor two (2) per property. 3. Hand-held signs. 4. Flags. 5. Informational signs, not to exceed two (2) per property, except that parcels containing more than one licensed business may contain up to four (4) standard informational signs. 6. Markers placed over grave sites. 7. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, ethnic, or religious holidays, as well as national, state, and City holidays, from one month prior to the commencement of the holiday until two weeks following its completion. 8. Property Address Signs. 9. Signs located completely inside an enclosed space. 10. Signs on products that are an integral part of the product, the product’s packaging, and product dispensers (such as but not limited to a soft drink machine). 11. Signs protected by federal law. 12. Signs protected by state law. 13. Traffic Control Devices and Signs defined by the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways. B. No sign permit shall be required to change the message or copy of a changeable copy sign, provided the business or entity associated with the sign remains the same. B. 6.5 Illumination 6.5.1 Permitted Illumination A. Illumination of a sign is optional. B. Except as authorized in this Chapter, any flashing, blinking, reflective, animated, or rotating lights, or signs with intermittent or varying intensity of artificial illumination whether deliberate or as a consequence of a defect in the sign or illumination source shall be prohibited for any and all signs. C. All light sources shall be shielded to prevent illumination spillover onto properties or adjacent roadways except where the light source is located or permitted under a sign plan. Signs and related fixtures shall be International Dark Skies Association Standards compliant and full cut off. D. No internally illuminated sign shall exceed twenty (20)20 foot-candles of incandescent light at any point greater than ten (10) feet from the subject sign structure. E. Signs which are externally illuminated shall be lighted so that no lights are positioned in such a manner that light glares or shines into the eyes of nearby motorists or travelers so as to create a hazardous or dangerous condition. F. Nonresidential and Mixed-Use. Signs in nonresidential and mixed-use zoning districts shall satisfy the following illumination requirements: 1. No sign shall be illuminated by neon lights, by lights that flash, move, change in intensity, or turn on intermittently several times per day, except for sign areas limited to a maximum of two (2) square feet per sign which may change no more than once per minute. 2. To prevent glare visible from adjoining streets or properties, the beam of any light shall be directed so as not to be visible beyond the sign at which it is directed, and the light source shall not be visible from any point on an adjacent property or the public right-of-way. 3. Light from any illuminated sign shall not be more than 0.5 foot-candles at any boundary of the property on which the sign is placed, and must not interfere with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent properties. G. Residential. Signs located in a residential district shall not be illuminated other than signs erected at the entrance of the subdivision or other common residential development. 6.5.2 U.L. Types All components of an illuminated sign shall be Underwriters Laboratories, Inc. (U.L.) listed, or the equivalent thereof, with an identification label that clearly shows the manufacturer of the sign. 6.5.3 Changeable Copy A. Changeable Copy are allowed for monument signs for uses listed under Section 6.6.2, Non-Residential Land Uses only. The sign structure on which the Changeable Copy face is used is required to comply with Section 6.7.3, , Monument Signs. B. Changeable Copy portions of authorized monument signs are limited to 12 square feet of the total allowable sign area. C. No parcel shall contain greater than one (1) changeable copy sign. D. Changeable copy signs must contain static messages only and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message. E. Changeable copy shall not change more than once every twenty-four (24)24 hours. F. Installer Certification. Prior to the issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set to not exceed 0.3 footcandles over ambient lighting conditions when measured at the measurement distance provided in this section and that the intensity level is protected from end-use manipulation by password protected software or other method deemed appropriate by the City. G. All signs shall contain a mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions. 6.6 Authorized Signs by Land Use 6.6.1 Residential Land Uses A. Only the following types of signs are allowed for residential land uses (e.g., single family, townhome, and multi-family developments, including the multi-family buildings in mixed use developments, and those portions of residential uses constructed over commercial ground floor uses): 1. Monument signs limited to one per subdivision/development entrance. Monument signs may not exceed 32 square feet of sign area and six (6) feet in height. 2. Window and Door Signs. Window and door signs may not exceed four (4) square feet of sign area and shall be limited to a maximum of two (2) per lot or unit. 3. Property address signs. 4. Flags. 5. Temporary Signs. Temporary signs may not exceed 16 square feet of sign area and shall be limited to a maximum of four (4) per lot. B. The total of all signs shall not exceed four (4) signs of any allowed type where a single residence is on the lot. 6.6.2 Non-Residential Land Uses All sign types identified in this UDC are permitted for commercial, office, mixed use, industrial, or civic/institutional uses in accordance with the provisions of this Chapter. 6.7 Permanent Signs 6.7.1 Generally A. All signs shall be required to be located within the required front yard of a principal structure and shall not be permitted to extend beyond the front property line into the street right-of-way. 6.7.2 Measurement of Sign Area A. Area. 1. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign area from the structure upon which it is placed. Figure 6.7.2.A.1 - Sign Area 2. If polygons established around wall signs located on the same street-oriented wall are within twenty-four (24)24 inches or less of one another, then the area of the sign shall be measured within one (1) continuous polygon. Figure 6.7.2.A.2 - Contiguous Polygon B. Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: 1. Existing grade prior to construction; or 2. The newly established grade after construction, exclusive of any filling, beaming, mounding, or excavating solely for the purpose of locating the sign. 1. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoned lot, whichever is greater (surveyor's certificate required). Where the normal grade is below the normal grade of a public street, the sign base can be raised to the elevation of the normal grade of the street before the height limitations are applied (surveyor's certificate required). At no time shall any sign's overall height exceed the zoning district's height limitations. Any portion of such wall or other decorative structure that is discernibly devoted to the support of the sign or, by its design or architectural treatment, intended to provide a background or frame for the sign shall be included when computing sign height. Figure 6.7.2.B - Sign Height C. Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. D. Multi-Faced Signs. For multi-faced signs, when the sign face surfaces are parallel and are back-to-back, or where the interior angle formed by the faces is forty-five (45)45 degrees or less, the area of the sign shall be taken as the area on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one (1) time from any angle. Figure 6.7.2.D - Multi-Faced Signs 6.7.3 Monument Signs A. Summary. Table 6.7.3.A – Monument Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.3 Monument Signs, the detailed regulations shall control. Table 6.7.3.A – Monument Sign Regulations Summary Sign Type Sign Area Height Quantity Illumination Monument 80 SF 8 FT 1 per lot; 1 additional for Internal, property of at least 1 acre External in size B. All Monument Signs are subject to the following restrictions: 1. A monument sign shall have a three-foot landscaped area maintained at its base, which may be composed of shrubs, hedges, grass, mulch or similar ground cover. 2. One (1) monument sign is permitted per lot. 3. One (1) additional monument sign is permitted for any lot of at least one (1) acre in size. If one of the street frontages is on a street serving a residential strict, a second sign shall be prohibited. 4. Street address numbers shall be posted on each face of all monument signs intended to be viewed from a public road. For monument signs that serve multiple addresses, the range of addresses and/or building numbers shall be on the face of the monument. The street address numbers shall be accurate and measure at least six (6) inches in height. 5. No entrance sign shall be placed in the median, or between any travel lanes, of a public or private roadway or access drive. 6. Sign Area and Height. Monument signs shall not exceed 64 square feet per sign face and a heigh of eight (8) feet. 7. Location. Monument Signs shall be located a minimum of five (5) feet from the right-of-way and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 8. Illumination. All Monument Signs may be externally illuminated. Monument Signs for uses listed under Section 6.6.2, Non-Residential Land Uses only may be internally illuminated. 9. Materials. Monument Signs shall be constructed with a solid brick, stone, stucco, and/or architecturally masonry base. The base of the sign shall be at least wide as the sign face. 6.7.4 Building Signs A. Building Signs include wall, projecting, and awning sign types. Regulations apply to all building sign types when referred to as Building Signs. B. Summary. Table 6.7.4.B, – Building Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.4, Building Signs, the detailed regulations shall control. Table 6.7.4.B – Building Sign Regulations Summary Sign Type Sign Area Wall 10% of wall face or 100 SF, whichever is less Projecting 24 SF Awning/Canopy 10% of awning or canopy space Quantity 1 per tenant, per street frontage C. All Building Signs are subject to the following restrictions: 1. Method of Attachment. a. All signs shall be constructed and erected to withstand a horizontal wind load of 30 pounds per square foot in any direction together with the dead load of the construction. b. Signs shall be attached in a manner that allows for their removal without adversely impacting the exterior of the subject building. c. The visibility of conduit and raceways associated with a sign shall be minimized; however, if raceways must be exposed, they should be finished to match the facade or integrated into the overall design of the sign D. Wall Signs. 1. Method of Attachment. a. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached. b. 2. Quantity. a. One (1) wall sign is permitted per tenant or street frontage. b. Businesses without a street on which there is frontage, but which have exterior entrances to the building, are entitled to one (1) wall sign on the exterior wall of the business where the primary entrance is located. c. For corner lots, a second wall sign may be permitted facing the side street. Formatted Table d. End units of buildings on any lot may also have a second wall sign on the side of the building 3. Sign Area. Individual Wall Sign area shall not exceed 10% of any individual Wall Face or 100 square feet, whichever is less E. Projecting Signs. 1. Method of Attachment. a. All projecting signs must be installed at a ninety (90)90 degree angle to the building façade on which they are mounted. 2. Projection from Wall. a. No portion of a projecting sign may extend over parking spaces, drive aisles, or public rights-of-way. b. No projecting sign may project more than eight (8) feet from façade of the building which supports it. c. No projecting sign shall have a maximum height higher than the building which supports it. 3. Sign Area. Projecting Sign area shall not exceed 24 square feet per sign face. 4. Quantity. One (1) projecting sign is permitted per tenant or street frontage. F. Awning/Canopy Signs. 1. Method of Attachment. Signs must be painted or installed directly on the valances of the awning or canopy. 2. Projection from Wall. Awnings or canopy signs must vertically clear sidewalks by at least eight (8) feet and may not extend further than one (1) foot off the curb line. 3. Sign Area. The sign area of any canopy or awning sign shall not exceed ten percent (10%)10% of the surface area of the subject canopy or awning. 4. Quantity. One (1) awning or canopy sign is permitted per tenant or street frontage. 5. Illumination. Awning or canopy signs may be internally illuminated. 6. Materials. Signs must be of durable fabric or non-rigid material on a supporting framework. 6.7.5 Other Signs A. Summary. Table 6.7.5.A – Other Permanent Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.5, Other Signs, the detailed regulations shall control. Table 6.7.5.A – Other Permanent Sign Regulations Summary Sign Type Sign Area Height Quantity Formatted: Font: 12 pt Window Hand-Held Signs Flags 25% of window or door area N/A N/A 3 per tenant N/A N/A 24 SF 20 FT if ground mounted 3 flags per lot B. Property Owner Responsibility. The property owner is responsible for installing, repairing, and maintaining signs in accordance with the requirements and regulations of this article. Signs found to be non-compliant may be subject to enforcement procedures and/or penalties as provided in this UDC. C. Window Signs. 1. Sign Area. Window signs must not exceed twenty-five percent (25%)25% of the area of the subject window or transparent door area. 2. Quantity. a. There shall be a maximum of four (4) internal signs adjacent to internal road(s) serving the development. D. Hand-Held Signs. 1. Any person supporting a hand-held sign shall remain no less than ten (10) feet away from any building, occupiable structure, street, driveway, or drive-aisle, and shall not handle the sign in a manner that may interfere with vehicular or pedestrian traffic. E. Flags. 1. Generally. a. No flag shall be installed in a manner as to impede vehicular or pedestrian traffic, nor obstruct any public road, sidewalk, or multi-use trail. b. Nothing contained in this Section shall be interpreted to prohibit or restrict the right to display eligible flags as banners or signs as otherwise provided by local, state, or federal codes or regulations. 2. Sign Area. The flag shall not exceed 24 square feet. 3. Quantity. No greater than three (3) flags may be displayed on any property, except that any flags that are not reasonably visible from any nearby public or private roadways shall not be considered as contributing to the maximum number of flags permitted. 4. Regulations for Flagpoles. a. In-ground pole. A flag may be flown from a metal or wood pole which is permanently placed in the ground. The pole shall not exceed two and five-eighths (2⅝) inches in diameter, nor twenty (20)20 feet in height. b. Attached pole. A flag may be flown from a metal or wooden pole attached to a bracket projecting from the side of a building or door frame. The pole shall not exceed six (6) feet in length, nor one (1) inch in diameter. 6.8 Temporary Signs 6.8.1 General Regulations A. Temporary Signs shall adhere to the following general requirements, unless otherwise specified: 1. No parcel of land may host more than two (2) temporary signs at the same time. 2. No property shall be the recipient of more than four (4) temporary sign permits per calendar year. 3. No ground-mounted temporary sign shall exceed a height of eight (8) feet. 4. All temporary signs shall be located a minimum of five (5) feet from the right-ofway and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 5. All temporary signs shall be securely installed and satisfy all applicable life safety and building codes adopted by the City. 6. Permitting. A permit is required for all temporary signs unless otherwise specified in this Chapter. 6.8.2 Summary A. Table 6.8.2.A – Temporary Signs Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 5.8.16.4, General Regulations, the detailed regulations shall control. Table 6.8 .2.A– Temporary Signs Summary Sign Type Sign Area Height Temporary 32 SF 8 FT if ground mounted Quantity 2 per tenant 6.9 Requirements for Master Sign Plans 6.9.1 General Regulations A. The intent of a master sign plan is to promote consistency among signs within a development and enhance the compatibility of signs with the architectural and site design features within a development. B. The Director may authorize a multi-jurisdictional master sign plan for a development that is situated within the City of Stockbridge and one (1) or more other municipalities or the unincorporated area of Henry County. C. All signs that are erected or maintained shall conform at all times to the approved master sign plan. D. The signs which are approved through the master sign plan are the only signs that are allowed; any deviations from an approved master sign plan shall be unlawful unless and until a revised master sign plan is approved. 6.9.2 Application A. An application for a master sign plan shall be made upon forms that are provided by the City. The application shall describe and set forth the following and any additional information pertinent to the application as may be requested by the City to determine compliance: 1. All information as outline in Section 6.2, Review and Approval; 2. An accurate indication of the location of each present and proposed future sign of any type, whether requiring a permit or not; and 3. Computation of the maximum total sign area per proposed building. 6.9.3 Processing A. The City shall process all master sign plan applications within ten (10) business days of the City’s actual receipt of a completed master sign plan application. 1. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. 2. The Director shall reject any application containing any materially false statements or material omissions. 3. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. B. Within ten (10) business days of a completed application, the Director shall: 1. Approve the application upon determination that the application fully complies with the provisions of this Section; or 2. Inform the applicant, in writing, of denial of the application, stating the reasons why the application cannot be approved. C. As part of the review, the Director may grant the following: 1. One (1) additional monument sign; or 2. Two (2) single-faced monument signs in lieu of the allowed monument sign; or 3. Deviations from general standards for multi-jurisdictional master sign plans. 6.9.4 Amendments A. A master sign plan may be amended by filing a new master sign plan application in accordance with Section 6.9, Requirements for Master Sign Plans. 6.10 Landmark Signs 6.10.1 General Regulations A. Landmark signs shall be controlled by the contents of this Section when any conflict arises with the provisions of other contents of this Chapter or this CodeUDC. B. A landmark sign may only be designated as such by the Mayor and City Council. 6.10.2 Procedures A. Application. An application for a landmark sign shall be made upon forms that are provided by the City. The application shall describe and set forth the following and any additional information pertinent to the application as may be requested by the City to determine compliance: 1. A site A site plan, to scale, demonstrating all existing improvements upon the property and the precise location of the subject sign; 2. A narrative statement describing how the subject sign has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art; 3. Additional information as requested by the Director or their designee for the landmark sign designation process; 4. All fees associated with a review must be paid in full before any application will be processed or reviewed. B. Processing. 1. Completeness Determination. Applications will be submitted to the Director and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Section and noted in the application materials. 2. Complete Application. Once an application has been deemed to be complete, the Director shall transmit the application to the appropriate reviewing body for review and recommendation. The Director shall notify the applicant that the application is complete. 3. Effect of Incomplete Application. Incomplete applications will not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application. C. Action by the Mayor and City Council. 1. Consideration by the Mayor and City Council. All rezoning applications shall be considered by the Mayor and City Council at a public meeting. 2. Standards and Criteria. The Mayor and City Council shall review and make recommendations on the proposed landmark sign application based upon the standards in Section 6.10.3, Review Standards for Landmark Signsa Landmark Sign. 3. Actions by the Mayor and City Council. Following the public meeting, the Mayor and City Council shall take one of the following actions: a. Approve; b. Approved with conditions; or c. Denied. 6.10.3 Review Standards for a Landmark Sign A. When reviewing an application for a landmark sign, all the criteria listed below shall be considered 1. The subject property does not contain greater than one (1) other landmark sign; 2. The subject sign does not measure greater than 150 square feet in sign area; 3. The subject sign does not cause a hazard to public safety or nearby travelers; 4. The subject sign was completely installed no less than twenty (20)20 years prior to the intended date of designation; or 5. The subject sign has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. 6.10.4 Revocation A. Following the designation of a landmark sign, the subject sign shall retain this designation indefinitely. The Mayor and City Council may revoke landmark sign designation if one or more of the following occurs: A. The subject sign is removed or relocated from the position it was in at the time of designation, except for minor positioning adjustments necessitated by factors such as utility work or building or structure maintenance or repair; or B. The subject sign has been substantially altered in a way that eliminates its historic or culturally significant character. B. Replacement of lighting, electrical, structural, and mechanical components with modern equivalents shall not be considered a substantial alteration in and of itself. 6.11 Variances Mayor and City Council are authorized to grant variances from this Chapter pursuant to the procedures and requirements of Chapter 110, Variances and Appeals. 6.12 Nonconforming Signs A. The following provisions shall apply to signs which, on the effective date of this Chapter, were approved and legally erected under previous sign restrictions and which became nonconforming with respect to amendments to the text of this Chapter adopted after sign approval: 1. A nonconforming sign shall not be altered except in compliance with the provisions of this Chapter. 2. Minor repairs and maintenance to non-conforming signs, such as the repair or replacement of paint or electrical components, shall be permitted as long as no repair exceeds 50% of the value of the sign as determined by the City. 3. A nonconforming sign shall not be replaced by another sign except for one which complies with the requirements of this Chapter. B. The message or face of changeable sign areas on nonconforming signs shall be permitted. C. Lawfully nonconforming signs must be removed from a site when any of the following conditions occur: 1. 90 days after a business is closed, if no new business is operating inside the same building or tenant space, non-conforming signs must be removed. 2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt. 3. The sign has been damaged or destroyed to such extent that more than minor repairs (greater than fifty percent (50%)50% of the replacement cost of the existing sign) or a structural change is required to restore the sign. CHAPTER 7: NONCONFORMING STANDARDS 7.1 Purpose and Intent A. Within the districts established by the City of Stockbridge UDC, and in other provisions and amendments thereto, there exist lots of record, uses of property, structures, buildings, and other improvements and features that were lawfully established prior to the adoption or amendment of this Code, but that would be prohibited under its current terms or future amendment. They are collectively referred to herein as “nonconforming situations.” B. The intent of this section is to allow such nonconformities to continue until they are removed or discontinued, while protecting the public health, safety, and welfare. This section is not intended to facilitate their enlargement or expansion, nor be used as grounds for creating lots or adding structures or uses prohibited in a particular zoning district. 7.2 Determination of Lawful Nonconforming Situations A. Nonconforming lots of record are lots which have an area, frontage, or other characteristic that does not conform to the requirements of the underlying zoning district and/or the broader Code. In the circumstance that land is taken from a lot of record for public purposes, such as eminent domain, and causes the lot to become substandard, it shall be considered a lawful nonconforming lot of record if it otherwise meets the definition of a lot of record. B. Nonconforming uses of property are land uses, whether primary or accessory, which do not conform to the land use requirements of the underlying zoning district. C. Nonconforming structures and buildings are those which do not satisfy the underlying area, dimensional, architectural, or height requirements of the underlying zoning district and/or the broader Code. D. Nonconforming improvements and features are site elements which do not conform to the current setback, dimensional, lot coverage, or yard positioning requirements of the underlying zoning district and/or the broader Code. E. The burden of proving a nonconforming situation was lawfully established is that of the subject property owner. A preponderance of evidence shall be provided by the subject property owner to prove lawful establishment of the nonconforming situation, and also to indicate its continuity, meaning documented, ongoing use or operation without interruption for a period exceeding that allowed lapse under this UDC. 1. Continuity shall be evaluated on the basis of objective, verifiable documentation showing that the nonconforming use or structure remained active, occupied, maintained, or otherwise in operation during the relevant period. Examples of acceptable documentation may include building permits, certificates of occupancy, aerial imagery, tax records, utility records, or other similar records that substantiate continuous activity. 2. The Community Development Director shall determine whether adequate proof of nonconforming status and continuity has been provided for a given situation. 7.3 Nonconforming Lots of Record A. An undeveloped, nonconforming lot of record shall be developed pursuant to any City approved recorded plats or conditions of zoning. In the case these are not applicable, the lot may be developed pursuant to the requirements of the underlying zoning district. B. Two (2) or more abutting nonconforming lots of record may be combined into a single lot, provided the resultant lot meets all applicable dimensional standards of the underlying zoning district. C. A lawful structure or building upon a nonconforming lot of record shall be allowed to continue in its current condition, and may be expanded or altered, to become compliant, pursuant to the requirements of the underlying zoning district. D. Nothing in this chapter shall be construed as to prevent the routine maintenance and care of any existing building or structure upon a nonconforming lot of record, nor to confer any variance, exception, or waiver upon a site. 7.4 Nonconforming Buildings and Structures A. Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming buildings or structures, provided all of the following circumstances exist: 1. Repairs do not exceed twenty-five percent (25%)25% of the value of the nonconforming building or structure as it existed immediately before the repair. 2. Neither the floor area nor the footprint of the subject building or structure is increased. 3. The Community Development Director may approve minor deviations from dimensional standards when necessary to accommodate routine maintenance or repair, provided that: a. The deviation does not increase the degree of nonconformity; and b. The deviation does not exceed five percent (5%) of the applicable dimensional standard. B. Any building or structure damaged by any means to an extent more than fifty percent (50%) 50% of its value, as assessed immediately before the time of damage, shall no longer be considered a lawfully nonconforming building or structure. C. Any building or structure damaged by any means to an extent less than fifty percent (50%)50% of its value immediately before the time of damage may be repaired or rebuilt to that state, provided that restoration efforts shall commence within eight (8) months from the first day the damage occurred. 1. Repairs and rebuilding of a nonconforming building or structure that commences more than eight (8) months after the first day of damage shall cause the subject building or structure to conform to the requirements of this CodeUDC. D. The alteration, expansion, or modification of any lawfully nonconforming building or structure that is occurring for reasons unrelated to damage shall be prohibited unless said alteration, expansion, or modification would bring the subject building or structure into full compliance with the requirements of this CodeUDC. E. Any nonconforming building or structure relocated any distance for any reason shall be brought into compliance with the standards of the underlying zoning district to which it is relocated. 7.5 Nonconforming Uses of Property A. A lawfully established land use that becomes nonconforming upon or after the effective date of this UDC may continue to function in accordance with all of the following requirements: 1. The subject site, and subsequent improvements thereon, shall remain otherwise lawful. 2. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land or floor area than was occupied prior to the date of adoption or amendment of the UDC making such use nonconforming. 3. Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any portion of the lot or parcel other than that portion occupied by such use prior to the date of adoption or amendment of the UDC making such use nonconformingNo nonconforming use of land shall be relocated, in whole or in part, onto any other portion of the lot than was occupied prior to the date of adoption or amendment of the UDC making such use nonconforming. 4. The discontinuance of a nonconforming land use, regardless of reason or cause, for greater than six (6) months shall cause the subject nonconforming land use to lose its lawful status. Any subsequent use of the land shall comply with the requirements of the underling zoning district. 7.6 Nonconforming Improvements and Features A. Nonconforming improvements and features are site elements that generally cannot be occupied and are secondary to the main building upon the subject property. These objects include, but are not limited to, the following: 1. Fences, walls, and gates. 2. Dumpsters and dumpster enclosures. 3. Vehicle parking areas. 4. Driveways and access provisions. 5. Exterior site lighting equipment. 6. Swimming pools. 6.7. Sidewalks, multi-use paths, or trails. Formatted: Font: (Default) Calibri B. No change to any nonconforming site improvement or feature shall be made which increases the degree of nonconformity with the requirements of this UDC; however, changes may be made which result in the same or a lesser extent of nonconformity. C. Any addition to buildings or structures on the site or reconstruction of buildings or structures on the site occur, any existing nonconforming improvements or features shall no longer be considered a lawfully nonconforming improvement or feature. D. Any improvement or feature damaged by any means to an extent more than 50% of its value, as assessed immediately before the time of damage, shall no longer be considered a lawfully nonconforming improvement or feature. E. Any improvement or feature damaged by any means to an extent less than 50% of its value immediately before the time of damage may be repaired or rebuilt to that state, provided that restoration efforts shall commence within eight (8) months from the first day the damage occurred. B.1. Repairs and rebuilding of a nonconforming improvement or feature that commences more than eight (8) months after the first day of damage shall cause the subject building or structure to conform to the requirements of this UDC. C.F. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking or effectively cause an improvement or feature to be closer to a property line, the deficiency thus created shall be construed as lawfully nonconforming. D.G. Nonconforming signage and sign structures, and any proposed improvements to such sign structures, shall be governed by Chapter 6, Sign Standards, unless otherwise specified in this Ordinance. 7.7 Termination of Detrimental Nonconforming Situations B.A. Fences, walls, and vegetation that constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming to this UDC or removed within 60 calendar days of notice by the City. Such notice shall follow the procedures found in Article 12, Violations, Penalties, and Enforcement. 7.8 Nonconforming Manufactured Homes A. A manufactured home that was lawfully installed may be replaced with a new manufactured home, provided the replacement manufactured home is installed on the subject site within twelve (12)12 months of the date of removal of the existing unit. 1. The replacement manufactured home shall meet all applicable health and safety standards and be completed in accordance with O.C.G.A § 36-66-7 et seq. Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri 2. In addition to the requirements above, the replacement manufactured home shall comply with all applicable installation requirements contained elsewhere in this UDC. CHAPTER 8: REVIEW BODES AND ADMINISTRATORS 8.1 Review Bodies 8.1.1 Purpose The purpose of this chapter is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the following review bodies: A. Planning Commission B. Historic Preservation Commission C. Governing Body D. All Review Bodes shall: 1. Act in a manner consistent with the City of Stockbridge Comprehensive Plan, Unified Development Code, City Code of Ordinances, Parks Master Plan, Trails Plan, adopted small area plans, to include LCIs and Strategic Plans, and other officially adopted plans and studies. 2. Consider impacts on community character, aesthetics, and sense of place, including signage, gateways, and public realm features, when making recommendations. 3. Support phased implementation of adopted plan goals and action items, including monitoring progress and recommending amendments as needed. 8.2 Planning Commission 8.2.1 Creation The City of Stockbridge Planning Commission is hereby established and shall be referred to hereinafter as the Planning Commission. 8.2.2 Membership A. All members of the Planning Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifications of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifications. In order to be qualified, all members shall complete training for Planning Commission members and shall receive a certificate of completion from the Atlanta Regional Commission, the Carl Vinson Institute, or another organization recognized by the State of Georgia or the City within one (1) year of appointment. Failure to complete required training within the specified timeframe may constitute grounds for removal. C. Application Disclosure and Membership Restrictions. 1. Applicants for appointment to the Planning Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. 2. No member of the Planning Commission may be a City of Stockbridge employee, hold any elected or appointed City office, or serve the City in any other compensated or uncompensated capacity during their term of service on the Planning Commission. D. Composition. 1. The Planning Commission shall be composed of six (6) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-voting staff liaison to the Planning Commission. E. Term of Office. All members shall be appointed for a term of four (4) years; provided however, that in the initial appointment, approximately one-half of the members shall be appointed for a term of two (2) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensation. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.2.3 Officers A. The Planning Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or until re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or until re-elected or a successor is elected. C. The Community Development Director shall appoint a designated employee from the department to serve as the secretary of the Planning Commission. 8.2.4 Meetings and Rules of Procedure A. Meetings. 1. Regular Meetings. The Planning Commission shall meet on the third Thursday of each month at 6:30 p.m., or as established by the Planning Commission due to holidays and unforeseen circumstances. Meetings may be held in person, virtually, or in a hybrid format as permitted by state law and City policy, provided public access and participation are maintained. 2. Special Meetings. Special meetings may be called by the Chair of the Planning Commission or a majority of the members of the Planning Commission. B. Minutes and Public Records. The secretary of the Planning Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Meetings and Hearing to the Public. All meetings and hearings of the Planning Commission shall be open to the public. D. Public Notice. Public notice of Planning Commission meetings shall be provided as required for each application type as provided in Chapter 10, Public Hearing Application, Review Procedures. E. Quorum. Four (4) of the appointed members shall constitute a quorum for the transaction of business. All rules, policies and procedures governing the Planning Commission shall be hereinafter governed by this requirement. F. Consideration of Applications and Other Actions. The Planning Commission may take action or make a decision or other determination by majority vote of the quorum present at the meeting. Both the Chair and Vice Chair, when in attendance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. 8.2.5 Rules and Operating Procedures A. The Planning Commission shall follow any by-laws and rules for the transaction of business adopted by the Mayor and City Council. B. The Planning Commission shall maintain a record of its resolutions, transactions, findings, and determinations, which record shall be public record. 8.2.6 Powers and Duties The Mayor and City Council hereby create the Planning Commission with the following powers and duties: A. General Authority. 1. The Planning Commission shall perform duties as directed by the governing body. 2. The Planning Commission may exercise additional powers as may be described elsewhere in this UDC, as applicable. B. Review Authority. With respect to this UDC, the Planning Commission shall review and make recommendations to the Mayor and City Council regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Planning Commission shall be an advisory board only. 8.3 Historic Preservation Commission 8.3.1 Creation The City of Stockbridge Historic Preservation Commission is hereby established and shall be referred to hereinafter as the Historic Preservation Commission. 8.3.2 Membership A. All members of the Historic Preservation Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifications of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifications. 1. The Historic Preservation Commission membership shall include, unless otherwise approved by the Mayor and City Council, at least three (3) individuals with disciplines in architecture, history, architectural history, planning, archaeology, and related professions. 2. In order to be qualified, all members shall be residents of the City and individuals who have demonstrated special interest, experience, or education in history, architecture, or the preservation of historic resources. C. Disclosure. Applicants for appointment to the Historic Preservation Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. D. Composition. 1. The Historic Preservation Commission shall be composed of five (5) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-voting staff liaison to the Historic Preservation Commission. E. Term of Office. All members shall be appointed for a term of three (3) years; provided however, that members may not serve more than two (2) consecutive terms. To achieve staggered terms, in the initial appointment, one (1) member shall serve for one (1) year, two (2) members shall serve for two (2) years, and two (2) members shall serve for three (3) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensation. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.3.3 Officers A. The Historic Preservation Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or until re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or until re-elected or a successor is elected. C. The Community Development Director shall appoint a designated employee to serve as the secretary of the Historic Preservation Commission. 8.3.4 Meetings and Rules of Procedure A. Meetings. 1. Regular Meetings. The Historic Preservation shall meet on the third Wednesday of each month at 6:30 p.m., or as established by the Historic Preservation Commission due to holidays and unforeseen circumstances. Meetings may be held in person, virtually, or in a hybrid format as permitted by state law and City policy, provided public access and participation are maintained. 2. Special Meetings. Special meetings may be called by the Chair of the Historic Preservation Commission or a majority of the members of the Historic Preservation Commission. B. Minutes and Public Records. The secretary of the Historic Preservation Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Meetings and Hearing to the Public. All meetings and hearings of the Historic Preservation Commission shall be open to the public. D. Public Notice. Public notice of Historic Preservation Commission meetings shall be provided as required for each application type as provided in Chapter 10, Public Hearing Application, Review Procedures. E. Quorum. A majority of the appointed members shall constitute a quorum for the transaction of business. All rules, policies and procedures governing the Historic Preservation Commission shall be hereinafter governed by this requirement. F. Consideration of Applications and Other Actions. The Historic Preservation Commission may take action or make a decision or other determination by majority vote of the quorum present at the meeting. Both the Chair and Vice Chair, when in attendance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. 8.3.5 Rules and Operating Procedures A. The Historic Preservation Commission shall follow any by-laws and rules for the transaction of business adopted by the Mayor and City Council. B. The Historic Preservation Commission shall maintain a record of its resolutions, transactions, findings, and determinations, which record shall be public record. 8.3.6 Powers and Duties The Mayor and City Council hereby create the Historic Preservation Commission with the following powers and duties: A. General Authority. 1. The Historic Preservation Commission shall perform duties as directed by the governing body. 2. The Historic Preservation Commission may exercise additional powers as may be described elsewhere in this UDC, as applicable. B. Duties. 1. With respect to this UDC, the Historic Preservation Commission shall be responsible for the following duties: 2. Prepare and maintain an inventory of property having the potential for designation as historic property; 3. Restore or preserve historic properties acquired by the City; 4. Promote the acquisition by the city of façade easements and conservation easements, as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A., § 44-10-1 et seq.); 5. Conduct educational programs on historic properties located within the city and on general historic preservation activities; 6. Make such investigation and studies of matters relating to historic preservation, including consultation with historic preservation experts, the city council or the commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; 7. Seek out local, state, federal or private funds for historic preservation, and make recommendations to the city council concerning the most appropriate uses of any funds acquired; 8. Submit to the Historic Preservation Division of the Department of Natural Resources a list of historic properties of historic districts designated; 9. Perform historic preservation activities as the official agency of the Stockbridge Historic Preservation Program; 10. Employ persons, if necessary, to carry out the responsibilities of the Historic Preservation commission; 11. Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties. The Historic Preservation Commission shall not obligate the City without prior consent from City Council; 12. Review and make comments to the Historic Preservation Division of the Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; and 13. Participate in private, state, and federal historic preservation programs and with the consent of the City Council, enter into agreements to do the same. C. Review Authority. With respect to this UDC, the Historic Preservation Commission shall review and make recommendations to the Mayor and City Council regarding: 1. Specific districts, sites, buildings, structures, or objects to be designated by ordinance as historic properties or historic districts; and 2. The designation of any district, site, building, structure, or object as a historic property or historic district should be revoked or removed. D. Final Authority. The Historic Preservation Commission shall be responsible for final action regarding: 1. Certificates of Appropriateness; and 2. Historic properties or buildings identified as deteriorating by neglect. 8.4 Governing Body 8.4.1 Purpose The purpose of this section is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the governing body, the Mayor and City Council of Stockbridge, Georgia. 8.4.2 Powers and Duties A. General Authority. The Mayor and City Council shall have the powers and duties listed below, in addition to those provided elsewhere in the City of Stockbridge Charter, Code of Ordinances, the Georgia Constitution, Georgia General Session Laws, and applicable federal and local laws. B. Final Authority. The Mayor and City Council shall be responsible for final action regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Appointments. The Mayor and City Council shall appoint members of review bodies, as required by this UDC. 8.5 Community Development Director 8.5.1 Defined The Community Development Director shall be the head of the Planning and Zoning Division, as well as other divisions of the Community Development Department, and shall be responsible for administration and enforcement of this UDC. 8.5.2 Delegation of Authority The Community Development Director may delegate any of their authority or responsibility under this UDC by designating one or more City staff members to execute such authority. 8.5.3 Powers and Duties With respect to this UDC, the Community Development Director shall review and make recommendations regarding the following: A. General Authority. 1. The Community Development Director shall perform related duties as directed by Mayor and City Council; and 2. The Community Development Director shall have the powers and duties listed below, in addition to those provided elsewhere in this UDC and other City of Stockbridge Code, as applicable. B. Review Authority. With respect to this UDC, the Community Development Director shall review and make recommendations regarding the following: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Community Development Director shall be responsible for final action regarding: 1. Chapter 143, Subdivisions; 2. Chapter 11Section 11.2, Administrative Variances; 3. Chapter 10Section 10.8, Tier 1 Waivers; and 4. Other duties specified elsewhere by this UDC. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES 9.1 Purpose and Intent A. This UDC sets forth procedures for receiving, reviewing, and rendering decisions for the development of any property in the City of Stockbridge. This UDC also sets forth the requirements for appealing decisions and enforcement. The procedures and requirements set forth in this UDC shall be followed in seeking approval of any development. The purpose of this UDC is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly growth and development of new and redeveloped neighborhoods. 2. Coordinate streets within proposed neighborhoods with existing or planned streets and other public facilities. 3. Distribute population and traffic in a manner that will mitigate congestion and overcrowding. 4. Dedicate or reserve parks, greenspaces, and recreational areas, accessible to all residents to serve as community focal points. 5. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote pedestrian oriented atmosphere and civic awareness. 6. Provide for pleasing visual environments to ensure public health, safety, and the general welfare to residents of the City. 7. To facilitate adequate provision for water, sewer, and stormwater management facilities; dedication of rights-of-way or easements for streets and utility purposes; proximity of residential areas to employment centers and shopping; further subdivision of larger tracts into smaller parcels; proper land records for public convenience; and permanent identification of real property boundaries. 8. To protect and enhance the quality of the natural environment of the City by encouraging preservation and protection of significant existing trees, assisting in natural control of solar heat, reducing development impacts on storm drainage, assisting in soil conservation and flood control, reducing air emissions and noise, conserving local water supply, and enhancing the visual and aesthetic appearance of the community. 9.2 Permits A. No construction or installation of improvements shall commence in any development until the land disturbance permit has been approved and all applicable preliminary plats, construction plans, and specifications have been approved by the appropriate authorities. B. No development permit shall be issued for the disturbance or construction of any lot until all requirements of this UDC have been met, unless otherwise provided in this UDC. C. No building permit shall be issued for the erection of any building or structure until all requirements of Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances are satisfied and until a Certificate of Appropriateness has been issued, if applicable. D. Development, building, and other permits shall only be issued for development on lots of record as defined by this UDC. E. No permits shall be issued on lots described only by metes and bounds. F. All development activities or site work conducted following the approval of a subdivision plat or development plan shall conform to the specifications of the approved plans. 9.2.1 Expiration, Changes, and Extensions A. Application Expiration. An application for land development permit shall expire twelve (12)12 months after the issuance of the latest letter or comments of permit revisions or approval. The application will not expire within twelve (12)12 months if the inactivity is a result of a pending review from an external agency outside the applicant’s control. B. Issued Permit Expiration. An issued development permit remains valid for the duration of the project subject to the following time restrictions: A. Development permits expire twelve (12)12 months from the date of issuance if no activity has been initiated on the project; or B. If twelve (12)12 months elapses between observed activity during proactive inspections. C. Issued Permit Expiration Extension. The Community Development Director is authorized to grant an extension of a development permit for a period of not more than six (6) months. To request an extension, the owner or developer shall submit a written request to the Director no later than thirty (30)30 days after expiration. The Director is authorized to grant only one, one-time extension request for the subject development permit. D. A lapse in or suspension of application or development activity that is the direct result of action or inaction by the City of Stockbridge or an external review authority and for reasons outside the control of the applicant will not be considered a lapse in activity causing the development permit to expire. E. Changes to a previously approved development plan shall require formal re-approval prior to commencement of development activities, except for the following circumstances: A. Repairs to a facility that is part of a previously approved and permitted development. B. Accessory structures, provided applicable permits are obtained. 9.2.2 Application Review and Completeness A. All applications for development permits and building permits in the City shall submit a completed application form and copies of plan sets along with required review fees, as required by the instructions on the form or informational materials provided by the Community Development Department. Partial, incomplete, or unassembled submittals or resubmittals shall be rejected. B. Application materials shall be distributed as provided below: 1. Upon determination of a completed application packet, the Department shall distribute the application for review to internal City departments. If external agency reviews are required, the Department shall direct applicants to the external agency for review. 2. City reviews and external agency reviews may occur concurrently, but the City shall not issue any permits until the external agency approval is received. 3. A traffic impact study may be required as part of a development permit review for projects that meet any threshold in Section 16.1, Multimodal Traffic Impact Studies. C. The Department shall determine whether an application is complete and notify the applicant within five (5) business days of receipt. D. If the Department determines that the application is not complete, it shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30)30 calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited. E. If the Department determines that the application is complete, the application shall be processed for review and action. F. Any checklists provided by the City are intended as a guide and convenience for the applicant. Approval or required revisions are based solely on whether the submittal meets the requirements of this UDC. G. No development or building permit shall be issued prior to project acceptance by the water and wastewater service provider. The City may require submission of a capacity letter, will-serve letter, utility approval letter, executed service agreement, or other documentation deemed acceptable by the service provider. H. No development or building permit shall be issued prior to full payment of all applicable fees as determined and periodically adjusted by the City. I. In addition to the requirements of this chapter, applications shall comply with Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances, as applicable. 9.2.3 Authority and Applicability A. The Community Development Director oversees issuance of all development permits to ensure site work conforms to federal, state, and local regulations. B. The Director shall have the authority to approve, approve with conditions, or deny the application. C. A development permit is required for land disturbance activity including, but not limited to, clearing and grubbing, dredging, grading, excavating, filling, storage, and construction of improvements such as streets, parking facilities, driveways, access drives, stormwater drainage facilities, sidewalks, or other permanent structures placed on or in the property. D. Water and sanitary sewer system improvements shall be authorized by the utility provider; however, utility placement and land disturbing activities associated with utility work shall be reviewed and permitted by the City to ensure compliance with affected Code standards that may be affected by the construction of such utilities. 9.2.4 Development Plan Components A. All documents submitted as part of an application for land disturbing activity shall abide by the requirements of this subsection. Any submittal that does not satisfy one or more requirements shall be rejected unless the requirement does not apply to a particular submittal. 1. Drawings, except final plats and as-built plats, may be submitted as digital files. 2. All drawings shall contain the dates of preparation and any revisions. 3. All drawings shall be at the same scale and shall be a minimum of one (1) inch equals one hundred (100)100 hundred feet. 4. Drawing sheets shall be uniform in size, no larger than twenty-four (24)24 inches by thirty-six (36)36 inches and shall be uniform in size for a submittal. 5. All drawings shall contain a graphic and written scale and a north arrow. 6. All drawings shall contain the name, address, and telephone number of the preparer(s), property owner(s) and developer(s). 7. Drawings for development proposed in phases shall contain all required information for the total site, for each phase, and shall depict phase lines on the drawings. 8. All drawings shall contain the seal and signature of the licensed professional preparing the drawings and computations. 9. All development plans shall be accompanied by a stormwater management plan meeting the requirements of Chapter 17, Stormwater Management of this UDC. 10. If the subject development proposal would directly disturb a regulatory floodplain, an engineering study and a floodplain management plan shall be provided, in compliance with the requirements set forth in Chapter 15, Environmental Protection of this UDC. 11. A landscape plan shall include sufficient information to determine whether the proposed landscape improvements are in conformity with the requirements of Chapter 4, Development Standards of this UDC. The plan shall identify all trees, natural features, and manmade structures that will be retained upon the site, and describe proposed landscaping improvements and plantings, including the species, size, quantity, and location of trees, shrubs, and other landscaping materials. 12. If the subject development proposal would contain protected open space, a management plan shall be provided, demonstrating compliance with the standards for resource and open space protection in Chapter 4, Development Standards of this UDC. 13. Applications for new or expanded mines or quarries shall provide information necessary to demonstrate compliance with State and Federal laws and regulations. 14. The applicant shall submit two (2) copies of construction improvement plans to the Henry County Water and Sewer Authority (HCWSA), or to the appropriate agency which supplies water and sewer services to the subject property. 15. Erosion and sediment control plans shall comply with the requirements of the subdivision ordinance and shall contain the following additional information: a. Name and phone number of a twenty-four-hour local contact responsible for erosion and sedimentation controls. b. Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters that "Installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities." c. Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas. d. Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan shall show options for year-round seeding. e. Include the statement: "Mulch, temporary vegetation, or permanent vegetation shall be completed on all exposed areas within 14 fourteen (14) calendar days after disturbance ceases." f. Delineation of disturbed areas within project boundary. g. Detailed drawings and narrative notes to demonstrate compliance with the erosion and sediment control standards set forth in Chapter 15, Environmental Protection of this UDC and the requirements in the current edition of the Manual for Erosion and Sediment Control in Georgia. h. Provide the following Maintenance statement: "Erosion and sedimentation control measures shall be maintained at all times. Additional erosion and sedimentation control measures and practices shall be installed if deemed necessary by onsite inspection." i. Existing and planned contours, with ground slope contour intervals of two (2) feet. Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia. 9.2.5 Development Plan Review Specifications A. The applicant shall submit the number of copies of development plans, supporting data, and supporting plans as specified by the City. All documents submitted as part of an application for land disturbing activity shall meet every specification provided in this subsection. Any submittal that does not satisfy one or more of the requirements herein shall be rejected by the City unless the subject requirement does not apply to a particular submittal. 1. All information needed to demonstrate compliance with the site design and development standards in this UDC. 2. Depiction of existing land uses on adjacent parcels. 3. Draft of proposed covenants or deed restrictions to be imposed on the site. 4. Current zoning designation(s) of the site, including any conditions of zoning the any portion of the property is subject to. 5. The property owner name(s), zoning designations, and tax map parcel numbers of all adjacent parcels. 6. Total site area as measured in acres (minimum precision: the nearest hundredth acre) and square feet (minimum precision: the nearest square foot). 7. Topographic contours and vertical intervals of not more than two (2) feet. 8. Soil conditions pursuant to the U.S. Soil Conservation Service Classifications Manual. 9. Proposed gross residential density and net residential density of the development. 10. Lot layout, including lot and block numbers and/or letters. Layout of all lots shall indicate building setback lines, lot dimensions, and lot area. Lots with detention ponds shall meet minimum zoning area requirements outside the area of the detention pond. 11. For mixed-use developments, drawing notes shall include a table summarizing the total amount of development in each use, the percentage of the total site, net density of proposed residential development. 12. Location of existing and platted property lines, location, width, and names of all platted roads, railroads, utility rights-of-way, public areas, existing buildings or structures. 13. Show all existing and proposed easements. Show drainage easements for storm drainage pipes that cross individual lots. 14. Depict protected open space. 15. Depiction of natural features on the site and adjacent areas, including streams, lakes, other water bodies, wetlands, designated groundwater recharge areas, land subject to a one hundred-year flood hazard, including contour elevations, and geologic features, and other protected environmental features, as set forth in Chapter 15, Environmental Protection, including an outline of wooded areas, vegetation, and surface drainage, together with information on methods for protection of natural features as required in this UDC. State if elevations are taken from a surveyed stream on a FEMA map or if the elevations are from an independent study (HEC-2, QUICK-2, etc.). Flood elevations on any lots within a one-hundred-year flood hazard area shall be shown. In addition, the foundation elevation that is a minimum of three (3) feet above the established one-hundredyear flood evaluation shall be shown. This data may be provided either on the layout or in tabular form. 16. Depiction of required stream buffers and setbacks on the property. Provide detailed plans of all proposed development in the buffer and of all proposed impervious cover within the setback. 17. Wetland areas shall be field located. Notation whether live streams and/or wetlands lie within this subdivision, or unit and phase. Provide a copy of wetlands delineation report from a qualified professional with training and experience in wetland delineation following the guidelines of the latest version of the Army Corps of Engineers Wetlands Delineation Manual. 18. Proposed buffers, landscaping, and tree protection areas and zones. This shall include the location, size, and type of proposed plant materials. 19. Location of all proposed buildings, with indication as to how they will be used (commercial, industrial, recreational or public facility). 20. Details regarding other proposed structures or additions to existing structures, including accessory structures and signs. 21. The configuration and names of proposed roads, alleys, sidewalks, trails, and multi-use paths, with width of pavement and rights-of-way. Total linear feet of proposed roads (per phase and total) shall be indicated. 22. Construction plans of streets including typical cross-section and grade profiles, showing the percent of each grade and length of each vertical curve. 23. Show the centerline stopping distance for all points of access onto public roads and posted speed limits on existing roads. 24. Existing sewers, water mains, drains, culverts and other underground facilities within the tract or within the right-of-way of boundary roads with sizes, grades, and invert elevations from field surveys or other sources. All sizes and data on all utilities shall be provided. Location of proposed public facilities such as sanitary sewers, water mains, storm drainage facilities, culverts, bridges, and other underground or aboveground facilities within the parcel to be developed, or within the rights-of-way of roads bordering the parcel. Sizes, grades and invert elevations from field surveys or other sources, consistent with the requirements of Chapter 16, Infrastructure Improvements. 25. Construction plans of sanitary sewers with grades, service, pipe size, and points of discharge and connection to other trunk or lateral sewers. 26. Construction plans of storm drainage systems with pipe sizes, length, grade, location of outlets, runoff and velocity calculations, etc. All storm drainage systems carrying off-site runoff shall be designed for the one-hundred-year storm event. All storm pipes within any City right-of-way shall be approved by the City. 27. Construction plans of water supply system with pipe sizes and location of hydrants, valves, and all appurtenances. 28. Final contours; street profiles may suffice in indicating cut and fill volumes; however, in many cases, final contours must be shown on the plans. 29. Any structural practice used shall be explained and illustrated with detail drawings. 30. Permanent reference monuments shall be depicted and guaranteed by use of steel pins not less than one-half (½) inch in diameter and thirty (30)30 inches long, with a survey marker cap showing the land surveyors registration number shall be set at all lot corners. Any monuments disturbed by construction or grading shall be reset by the prior to the conclusion of development activities. 31. A demolition plan, if any existing structures or buildings are proposed for partial or total demolition, removal, or relocation. 32. All of the following notes must be prominently provided on the plan set: a. A twenty-foot-20 foot wide storm sewer and sanitary sewer easement exists along each property line and along each lot line, centered on lot lines, for future drainage and sanitary sewer lines. b. All storm drains shall be extended to the rear setback line. c. Grade stakes shall be set on all streets prior to any street grading. An asbuilt subgrade centerline profile shall be submitted and approved by [the] City prior to the installation of curb and gutter or waterlines. d. An as-built detention pond detail and revised hydro study shall be submitted to the City prior to the final approval. e. All undisturbed buffers shall be field located; staked and flagged or marked with "tenax" (or similar type fencing); and shall be submitted to the City for approval prior to grading. B. Any project to be developed in phases shall provide all information for the total site and for each phase. C. Applications for development plans within each watershed protection area identified and regulated in Chapter 15, Environmental Protection shall provide the following additional information: 1. The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir. 2. The location of each perennial stream that crosses or abuts the site. 3. The location of each public reservoir that abuts the site. 4. The location, elevation and orientation of the one-hundred-year floodplain on the site. 5. A certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the water quality critical area, the limited development area or outside of both areas. 6. Location and detailed design of any spill and leak collection systems designed for the purposes of containing accidentally released hazardous or toxic materials. D. The Director of Community Development shall cause for the applicant to be notified of any application deficiencies pursuant to the requirement of this subsection, and the changes necessary to achieve compliance. E. A soil erosion and sedimentation control plan, when in compliance with the standards for erosion and sedimentation control as set forth in Chapter 15, Environmental Protection of this UDC shall be approved prior to issuance of a permit for land development activity. 9.2.6 Pre-Construction Meeting Required A. Prior to commencement of site grading, the applicant shall arrange a pre-construction conference with appropriate City of Stockbridge staff. The meeting shall include review of the soil erosion and sedimentation control plan, street cross-sections and profiles, construction specifications, inspections and testing procedures, stormwater drainage and detention facilities, and other matters concerning the development. The applicant shall provide names, telephone numbers, addresses, and business license numbers of all contractors and subcontractors employed on the job. 1. A separate pre-construction meeting is required with the Henry County Water and Sewer Authority prior to any water or sanitary sewer installation. B. A development permit shall be issued only after approval of construction improvement plans and the soil erosion and sedimentation control plan. Site grading shall be limited only to areas clearly defined in approved plans. Site grading without an approved soil erosion control plan and development permit is a violation of this UDC and shall result in enforcement penalties as provided in Chapter 12, Violations, Penalties, and Enforcement. 9.2.7 Permitting Requirements A. All applications for land development activities shall be completed on forms provided by the City. B. Applications shall be accompanied by payment of fees as required by each department's most recently approved fee schedule. C. No development permit shall be approved absent the submission of a scaled site plan that depicts lot boundaries, all existing conditions, and all proposed improvements. D. The disturbance of land for solely residential development shall not begin prior to a site inspection by the City. The inspection must yield an affirmative result and confirm compliance with this UDC before disturbance activities may commence. Additional inspections may be made, as necessary at the discretion of the City, in order to verify compliance with the requirements of this UDC. E. The disturbance of land for purposes other than solely residential development shall satisfy all of the following requirements. 1. In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($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 O.C.G.A. § 12-7-8(a), 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 O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. 2. In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($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 O.C.G.A. § 12-7-8(a), 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 O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. 3. Approval by the Henry County Soil and Water Conservation District (district). Immediately upon receipt of an application and plan for a permit, the City shall refer the application and plan to the district for its review and approval or denial concerning the adequacy of the erosion and sedimentation control plan. The district shall approve or deny a plan within thirty-five (35) calendar days of receipt. Failure of the district to act within thirty-five (35) calendar days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the City. Such review shall not be required if the City and the district have entered into an agreement which allows the City to conduct such review and approval of the plan without referring to the application and plan to the district. 4. Identification of any violations of previous permits, the requirements of Chapter 15 of this Code, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing of the application under consideration. 5. Proof of irrevocable letter of credit. F. Proof of payment of all ad valorem taxes levied against the property. G. For development requiring the recordation of a final plat, no development permit shall be issued until the Community Development Department has received a copy of the recorded plat bearing the recording information of the Clerk of Superior Court. The applicant shall be responsible for providing said copy. H. Any development permit may be suspended, revoked, or modified by the Director of Community Development, 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 UDC. A holder of a permit shall notify any successor in title to the permit holder as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 9.3 Timber Harvesting A. Applications for timber harvesting are subject to the requirements provided below: 1. A parcel that has been declared silvicultural shall provide all of the information as part of an application to harvest or remove timber. a. A certificate from the tax assessor indicating agricultural preference. b. A forest management plan, demonstrating compliance with the erosion control standards set forth in Chapter 16, Infrastructure Improvements of this UDC. c. A commitment to follow the Georgia Forestry Commission "Best Management Practices." d. A commitment to reforestation of the site. 2. Upon approval by the City, a combined timber removal and logging permit shall be issued. B. Land designated for silvicultural activities may subsequently be developed, provided that a development plan has been prepared and approved by the Director prior to clearing, grading, clear-cutting, or other land disturbance. Where a development plan has been approved, land disturbance and timber removal permits may be issued by the City pursuant to the requirements of this Chapter. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES 10.1 Generally 10.1.1 Purpose The purpose of this Chapter is to provide the procedures and general standards for review of applications that are submitted to administrators or review bodies with the City of Stockbridge under this UDC. 10.1.2 Application Requirements The requirements of this Section shall apply to all applications unless otherwise provided in this UDC. Where applicable, detailed requirements are provided in each application-specific section. 10.1.3 Pre-Application Meeting A. The purpose of the pre-application meeting is to provide an opportunity for the applicant to consult with City staff for advice and assistance prior to preparation of any zoning application. This will enable the applicant to become familiar with the approval process, required documents, the Comprehensive Plan, and public hearing standards that may affect the proposed development. B. The intent of this UDC is that all procedural and development requirements be identified during the pre-application meeting. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the pre-application meeting, as a representation or implication that the proposal will be ultimately approved or rejected in any form. Additionally, failure of a participant to identify any applicable requirement or condition shall not preclude the City from requiring an applicant to comply with such requirement or condition. C. The pre-application conference may be in person or via virtual meeting/call. D. A pre-application conference may be waived by the Community Development Director at their discretion. E. City-initiated petitions are exempt from pre-application meeting requirements. 10.1.4 Forms and Fees A. Applications required under this UDC shall be submitted on standardized forms approved by the City. All applications shall be filed and completed as specified on the application form. B. All fees associated with a review must be paid in full before any application will be processed or reviewed. C. Filing fees are established and reviewed periodically to defray the cost of processing the application. Fees shall be adopted by the Mayor and City Council. 10.1.5 Determination of Completeness A. All applications shall be complete before their acceptance for review and decisionmaking. A determination of completeness is a determination that all required documents and plans have been submitted in sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria. B. Effect of Incomplete Application. If the Community Development Director determines that the application is not complete, the Community Development Director shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30)30 calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken for processing the application. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited. 10.1.6 Application Deadline Applications shall be submitted in accordance with the published Planning and Zoning calendar schedule. A Planning and Zoning schedule indicating submittal dates shall be developed each year, submitted to the City Clerk and made available to the public, upon request. 10.1.7 Concurrent Applications Related applications may be filed and reviewed simultaneously. Applications submitted simultaneously are subject to individual approval. Any application that is contingent upon the approval of another application shall not be eligible for final approval until the contingent application is first approved. 10.1.8 Application Withdrawals, Deferrals, Continuances A. Withdrawals. 1. The applicant may withdraw an application in writing at any time prior to the final decision by the appropriate reviewing body on said application. 2. If a request to withdraw an application is made in a public hearing, the applicant may do so by stating the request on the record. B. Deferrals at Applicant Request (Postponement to a Certain Time). The applicant may request a deferral to a future scheduled meeting by requesting the deferral in writing in advance of the meeting, or by the request on the record at the meeting. In either case, the applicable review or governing body shall vote in a properly advertised meeting to postpone to a certain time. If the date and time of the meeting are not indicated at the time of the originally scheduled public hearing, the application shall be readvertised pursuant to the Public Notice requirements. C. Deferrals by Reviewing or Governing Body (Postponement to a Certain Time). Deferrals by a reviewing body or governing body are authorized, but final decisions shall be made within the identified timeframes outlined herein. 1. Mayor and City Council. Mayor and City Council shall have the authority to postpone to a certain time the review of an application scheduled for public hearings to any future date chosen by the governing body. 2. Planning Commission. The Planning Commission shall issue a recommendation to approve or deny an application or petition within forty-five (45)45 days after the opening of the public hearing or comment period. Failure of the Planning Commission to act within the forty-five-day period shall constitute a recommendation that the application be forwarded to the Mayor and City Council for a final decision. 10.2 Procedures Summary Table 10.2, Procedures Summary Table, provides a summary of review and decisionmaking authority under this UDC. In the event of conflict between Table 10.2, Procedures and Summary Table and the detailed procedures identified in this UDC, the detailed procedures govern. Table 10.2 - Procedures Summary Table Application Type City Staff Planning Commission Mayor and City Council Text Amendments R <R> <DM> Rezoning (i.e., Map Amendments) R <R> <DM> Modifying Conditions of Zoning (major)/Master Plan Amendments (major) R <R> <DM> Special Use Permit R <R> <DM> Variance R <R> <DM> Tier 2 Waiver R <R> <DM> Legend: 1. R = Review or Recommending Body 2. DM = Decision-Making Body (Final Decision) 3. <> = Public Hearing required 10.2.1 Requirements for Amending the Official Zoning Map (Rezoning) A. Requirements. 1. The official zoning map may be amended by the Mayor and City Council on its own motion, on recommendation from the Planning Commission, or by approval by the Mayor and City Council of an application from a property owner. An adopted zoning resolution shall be an amendment to the official zoning map. 2. For rezoning applications filed by others than those initiated by the City of Stockbridge governing body or staff, where properties are held in ownership by multiple persons or entities, it shall be the responsibility of the applicant to ensure they have obtained proper consent to the rezoning from all persons or entities with an ownership stake in the rezoning. 3. If the applicant is acting as the agent of the property owner, the agent shall submit an authorization form executed by the property owner authorizing the agent to file on the owner’s behalf. No application shall be accepted unless such authorization is provided. B. Official Application. 1. Prior to the submittal of an application for rezoning, the applicant shall have participated in the pre-application meeting. 2. Applications shall include, at a minimum, the following information: a. Application form; b. Proof of ownership; c. Property Owner Authorization; d. Campaign Disclosure Forms; e. A property survey conducted no more than five (5) years prior to the filing of the application. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified by a surveyor registered in the State of Georgia as to whether changes have or have not been made to the property; f. A letter of intent, which outlines the details of the request, the reason for requesting an amendment to the zoning map, and addresses the criteria in Section 109.2.2, Review Standards for Rezoning Applications; g. A concept plan containing the information set forth below: i. Project name; ii. Vicinity map showing zoning districts and existing land use within five hundred (500)500 hundred feet of the boundaries of the site; iii. Total area in acres and square feet; iv. Current and proposed zoning classification, together with a summary of the applicable development standards for the proposed zoning district; v. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas; vi. General location of existing and proposed roads and utility rightsof-way or easements; vii. Location of existing property lines within the development site; Formatted: Underline viii. General location of existing and proposed development by type of use; ix. Proposed residential density and dwelling unit types, if applicable; and x. Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use. h. A general plan for the provision of utilities and infrastructure, to include a report or letter from the City’s Public Works Department, the Henry County Water and Sewer Authority, or the Clayton County Water and Sewer Authority, indicating the availability of water and sewer and a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available; i. A traffic impact study or trip generation report if it exceeds the thresholds found in Section 16.1.3.A, Thresholds of Applicability. j. Architectural renderings or building plans, as determined by the Community Development Director; and k. Proof of payment of fees. C. Action by the Director. 1. The Director shall prepare a staff report addressing the following uses, in priority: a. Consistency with the Comprehensive Plan; b. The relation that the proposed amendment bears to the purpose of the overall zoning scheme with due consideration given to whether or not the proposed change will help carry out the purposes of this UDC. c. Potential positive effects of the amendment on the character of the proposed zoning district, a particular piece of property, neighborhood, a particular area, or the community. d. The physical conditions of the site relative to its capability to be developed as requested, including topography, drainage, access, and size and shape of the property. e. The impact upon adjacent property owners, should the request be approved. f. The potential impact of the proposed amendment on City infrastructure, including water and sewerage systems. g. The impact of the proposed amendment on adjacent thoroughfares and pedestrian and vehicular circulation and traffic volumes. h. The merits of the requested change in zoning relative to any other guidelines and policies for development that the Planning Commission and Mayor and City Council may use in furthering the objectives of the Comprehensive Plan. i. The capacity of the site to be developed as presently zoned. D. A Community Zoning Information Meeting is required pursuant to Section 10.2.110, Community Zoning Information Meeting (CZIM). E. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. F. Planning Commission Recommendation. 1. The application shall be submitted to the Planning Commission for review at a public meeting prior to a public hearing before the Mayor and City Council. 2. The Planning Commission shall review and make recommendations on the proposed rezoning based upon the standards in Section 10.2.2, Review Standards for Rezoning Applications. 3. The Planning Commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the Planning Commission shall be submitted to the Mayor and City Council. The recommendations of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommendation, the Planning Commission may recommend approval, approval with conditions, approval with an alternative zoning district that is lesser intensity than that which was advertised, or denial. Findings shall be set forth in official minutes of the Planning Commission. G. Mayor and City Council Action. 1. The Mayor and City Council shall consider the rezoning application at a public hearing. 2. The Mayor and City Council shall consider the information set forth in the staff report and the findings and recommendations of the Planning Commission. 3. In deciding upon any application for an amendment to the official zoning map, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the request subject to certain conditions necessary to promote and protect the health, safety, and general welfare of the general public and adjacent properties. 4. In deciding upon any application for an amendment to the official zoning map, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the application subject to certain conditions necessary to 5. 6. 7. 8. promote and protect the health, safety, and general welfare of the general public and adjacent properties. The Mayor and City Council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) involved and to further the goals and objectives of the comprehensive plan. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the community development director in the same manner as any other provision of this UDC. Prior to a final vote being taken upon any application for an amendment to the official zoning map for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until twelve (12)12 months has elapsed from the date of withdrawal. Following the public hearing, the Mayor and City Council shall approve, approve with conditions, approve with alternative zoning district that is of lesser intensity than that which was advertised, deny, defer, or any other action within the scope of the Mayor and City Council authority as outlined elsewhere in this UDC, the City of Stockbridge Code of Ordinances, or State or Federal Law. If the zoning decision of the Mayor and City Council is for the rezoning of property and the amendment to accomplish the rezoning is defeated by the Mayor and City Council, then the same property shall not again be considered for rezoning until the expiration of at least twelve (12)12 months immediately following the defeat of the rezoning by the Mayor and City Council. 10.2.2 Review Standards for Rezoning Applications A. In ruling upon any application for a zoning map amendment, or any other zoning decision, the Mayor and Council shall act in the best interest of the health, safety, morals, and general welfare of the City. In doing so, they will consider one (1) or more of the following standards of review which are relevant to the application: 1. Whether the proposal is consistent and/or compatible with the City's plans, goals and objectives reflected in the City's Comprehensive Plan. 2. How the proposal impacts the purposes of the overall zoning scheme, and whether the proposed change furthers the purposes of these zoning regulations. Applications for zoning amendments that do not contain specific site plans carry a rebuttable presumption that the proposed change shall adversely affect the zoning scheme. 3. How the proposal impacts the character of the zoning district, the particular piece of property, neighborhoods, or the community. 4. Whether the proposal creates an isolated zoning district unrelated, and not contiguous, to adjacent properties and nearby districts. 5. How the proposal impacts the aesthetic character of existing and future uses of the property and the surrounding area. 6. Whether the proposal is consistent with adjacent development densities and the density patterns reflected in the Comprehensive Plan. 7. How the proposal impacts the public health, safety, and welfare of the general public and adjacent properties. 8. How the proposal impacts water, sewerage, other public facilities, or public services, and how the proposed amendment impacts expenditures of public funds. 9. How the proposal impacts traffic safety and congestion. 10. How the proposal impacts environmental conditions, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity. 11. How the proposal impacts the provision of adequate light and air. 12. How the proposal impacts the value of adjacent property. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing regulations. 14. Preservation of the integrity of residential neighborhoods shall carry greater weight than other factors. Where property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall carry greater weight. B. After hearing evidence at the zoning hearing, the Mayor and Council shall apply the evidence to the standards of review in making their decision. The Mayor and Council are not required to consider every criterion in the standards of review. The applicant carries the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality, or welfare of the general public and the adjacent properties. C. If the Mayor and Council determine from the evidence that has been presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals, or welfare of the general public and adjacent properties under the standards of review, then the application shall be granted, subject to those reasonable conditions that may be imposed by the Mayor and Council. Otherwise, such applications shall be denied. D. In ruling upon any petition in which the petitioner has brought a challenge to the existing zoning classification, the Mayor and Council shall follow these general lines of inquiry: 1. The existing uses and zoning of the subject and surrounding property. 2. The extent to which property values may be diminished by the particular zoning restrictions. 3. The extent to which the reduction of property values, if any, promotes the health, safety, morals, or welfare of the general public and adjacent properties. 4. The relative gain to the public, as compared to the hardship, if any, which may be imposed upon the individual property owner. 5. The suitability of subject property for development purposes as it is presently zoned. 6. The length of time the property, if it is vacant, has been vacant as it is currently zoned, considered in the context of land development in the vicinity of the property. 7. The existing zoning classification shall be presumed to be valid; it shall be the responsibility of the applicant to present evidence to rebut this presumption. E. If the Mayor and Council determine, from the evidence that has been presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by consideration of the public's health, safety, morals, and general welfare, and consideration of the integrity of this chapter and of the official zoning map, the Mayor and Council may impose any appropriate zoning classification, including allowable conditions, which might be consistent with the considerations outlined in Subsection (a) of this section. 10.2.3 Annexation Criteria A. When a rezoning request is accompanied by an annexation request, the following criteria shall be considered when reviewing the annexation request: 1. Compliance with applicable sections of O.C.G.A 36-36 for lawful Annexation of Territory and 489 Agreement, as adopted and amended over time; 2. Adequacy of access to the site, or the potential for such adequate access to be provided; 3. Consistency of the proposal with the City's adopted Comprehensive Plan, including but not limited to goals and policies for urbanization, housing, cultural, historic and natural resources, infrastructure, and provision of public infrastructure and community services; 4. The annexation is in the best interest of the City. Generally, the Mayor and City Council may consider the annexation is in the best interest of the City if it meets two (2) or more of the following criteria: a. It provides a needed solution for existing problems resulting from insufficient sanitation, water service, public safety, code enforcement, or other service-related problems; b. It provides land for development to meet public needs including jobs and/or housing in an orderly and logical growth pattern; c. It fills in gaps in existing islands or other types of non-contiguous boundaries; d. It provides needed routes for utility and transportation networks. 10.2.4 Requirements for Modifying Conditions of Approval and Modifying Approved Master Development Plans A. An applicant may file a zoning modification application to request approval of changes to previously approved quasi-judicial actions for master development plans. Such changes may be major or minor and shall be modified in accordance with this Section. B. Major Modifications. Major modifications include changes to allowable uses, maximum density, maximum intensity, or compatibility requirements attached to zoning approval as conditions of approval. The following procedures shall be followed: 1. An application shall be submitted containing details of the amendment requested and the situation giving rise to the need for an amendment. It shall be accompanied by plans fully describing the nature and extent of the amendment. 2. A staff report shall be prepared to address the requirements that are listed in this section for the amended concept plan and/or zoning conditions. 3. A community zoning information meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). 4. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. 5. The Planning Commission shall review the application for an amended concept plan at a public meeting. The Planning Commission shall consider the application for amended conditions placed on special uses and/or variances and make a recommendation to Mayor and City Council according to the procedures in Section 10.2, Procedures Summary. 6. The Mayor and City Council shall consider the application for amended zoning conditions and/or concept plan at a public hearing according to the procedures in Section 10.4, Procedures for Conducting Public Hearings. C. Minor Modifications. Minor modifications include changes to dimensional design features as depicted on a concept plan. Such dimensional design features, as are provided on a development plan, shall generally conform to the conditions depicted on the concept plan but shall be allowed to vary, provided the Director determines that the development plan is generally consistent with the concept plan conditions. The following information shall be provided: 1. The development plan shall be accompanied by a detailed description of the site design features that are depicted on the development plan that differ from the concept plan. 2. The description of the modifications shall also include an explanation of the need for the modification. 3. The development plan application will be processed as set forth in Chapter 9, Administrative Development Procedures. D. Requests to modify approved development plans may be approved by the Director as set forth below: 1. An application shall be submitted containing details of the amendment requested, the situation giving rise to the need for an amendment and accompanied by plans fully describing the nature and extent of the amendment. 2. Review by the Director shall follow the same procedures and address the same issues as for the original application. 10.2.5 Requirements for Special Use Permits A. Special Uses within each zoning district are uses that may be appropriate in a particular zoning district if controlled as to number, area, location, or relation to other uses may be appropriate in a particular zoning district. A Special Use Permit shall be required for all special uses (identified with an “S” designation) as set forth in the permitted use table in Section 2.3Table 3.1.B, Principal Uses TableLand Uses or as part of a “use” condition. B. Specific use standards may be applicable to the approved special use. C. Any use or activity on the property that is not specifically permitted by Chapter 2, Zoning and Overlay Districts, or the Special Use Permit, as modified, shall be deemed unlawful and subject to Chapter 12, Violations, Penalties and Enforcements. D. Requirements. An application for a Special Use Permit may be submitted by any person, firm, corporation, or agency, provided they are the owner or owner’s representative of the subject property. E. Official Application. The applicant shall submit the special use permit application and associated documents, as identified in Section 9.2.1, Requirements for amending the official zoning map (rezonings). F. Action by the Director. 1. The Director shall make a determination of application completeness. 2. The Director shall prepare a staff report addressing the following issues, in priority: a. The proposed use shall not cause traffic congestion or conditions that will adversely affect nearby properties. b. The physical conditions of the site, including topography, drainage and size and shape, are suitable for the proposed development. c. Adequate public facilities are available to serve the proposed use. d. The applicant has made a binding agreement for any specific limitations or conditions that are necessary to protect the public interest, and to assure the continued beneficial use and enjoyment of nearby properties; or that no special limitations are necessary to protect the public. e. The special use with specific limitations and design features as may have been required will further the aims of the Comprehensive Plan and will not be unduly detrimental to nearby properties. G. A community zoning information meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). H. Public Hearing. The director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. I. Planning Commission Recommendation. 1. The application shall be submitted to the Planning Commission for review at a public hearing. 2. The Planning Commission shall review the application at a public meeting prior to a public hearing before the Mayor and City Council. 3. The Planning Commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the Planning Commission shall be submitted to the Mayor and City Council. The recommendations of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommendation, the Planning Commission may recommend approval, approval with conditions, or denial. Findings shall be set forth in official minutes of the Planning Commission. J. Mayor and City Council Action. 1. The Mayor and City Council shall consider the application for Special Use Permit at a public hearing. 2. The Mayor and City Council shall consider the information that is set forth in the staff report and the findings and recommendations of the Planning Commission. 3. In deciding upon any application for a Special Use Permit, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the request subject to certain conditions that are necessary to promote and protect the health, safety, and welfare of the general public and the adjacent properties. 4. The Mayor and City Council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) that are involved, and to further the goals and objectives of the Comprehensive Plan. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 5. Prior to a final vote being taken upon any application for a Special Use Permit for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until one (1) year has elapsed from the date of withdrawal. 6. Following the public hearing, the Mayor and City Council shall approve, approve as recommended by the Planning Commission, approve with conditions, deny, or defer the Special Use Permit. 7. If the zoning decision of the Mayor and City Council is for a Special Use Permit application to be denied, then the same property shall not again be considered for a Special Use Permit until the expiration of at least twelve (12)12 months immediately following that denial. 10.2.6 Review Standards for Special Use Permit A. In the interest of public health, safety, and welfare, the City Council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the City Council shall consider each of the following: 1. Whether the proposed use is consistent with the Comprehensive Plan adopted by the City Council; 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; 3. Whether the proposed use may violate local, State and/or Federal statutes, ordinances or regulations governing land development; 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; 5. The location and number of off-street parking spaces; 6. The amount and location of open space; 7. Protective screening; 8. Hours and manner of operation; 9. Outdoor lighting; 10. Ingress and egress to the property; and 11. Any other pertinent factors. B. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. 10.2.7 Requirements for Certificate of Appropriateness A. A Certificate of Appropriateness is required for a material change in the appearance of a designated historic property, building, structure, site, or object within a historic district, unless exempted by this UDC. B. Exemptions. The following shall be exempt from the provisions of this article: 1. Interior arrangements. 2. The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation. 3. Local governments are exempt from the requirements of obtaining a certificate of appropriateness; provided, however, that local government shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment. 4. Minor repairs that do not alter the historic or architectural features existing on the building. 5. In the event an applicant is not certain about whether an item requires a Certificate of Appropriateness or not, an application shall be submitted to the Director for review. The Director shall determine if a Certificate of Appropriateness, with advice provided by the Chair of the Historic Preservation Commission, is required. C. Requirements. An application for a Certificate of Appropriateness can be submitted by any person, firm, corporation or agency for a Certificate of Appropriateness, provided they are the owner or the owner's representative of the subject property. D. Official Application. 1. An application to amend the text of the UDC shall be submitted on forms provided by the City. 2. Prior to submittal of an application for rezoning, the applicant shall have participated in the pre-application conference. 3. Applications shall, at a minimum, include the following information: a. Project name; b. Vicinity map showing zoning districts and existing land use within five hundred (500)500 hundred feet of the boundaries of the site; c. Total area in acres and square feet; d. Current zoning classification, together with a summary of the applicable development standards for the proposed zoning district; e. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas; f. General location of existing and proposed roads and utility rights-of-way or easements; g. Location of existing property lines within the development site; h. General location of existing and proposed development by type of use; i. Proposed residential density and dwelling unit types, if applicable; and; j. Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use. 4. Application form; 5. Proof of ownership; 6. Property Owner Authorization; 7. A letter of intent, which outlines the proposed scope of work; 8. A concept plan containing the information set forth below: 9. Photographs of all four sides of existing buildings and adjacent structures; 10. Archaeology report if the property contain a documented archaeological site; 11. General plan for the provision of utilities and infrastructure, including the following: a. A report or letter from the city or Henry County Water and Sewer Authority indicating the availability of water and sewer and a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available. 12. Architectural renderings or building plans, as determined by the Community Development Director; 13. Digital copy of material sample board for any materials being introduced to the exterior of the building or on the site; and 14. Proof of payment of fees. E. Action by the Director and Historic Preservation Action. 1. The Director shall determine completeness F. Public Hearing. The director shall advertise for the public hearing at the Historic Preservation Commission in accordance with Section 10.3, Public Notice Requirements. G. Historic Preservation Action 1. The Historic Preservation Commission must approve or reject an application within forty-five (45)45 calendar days after filing of a complete application. 2. Following the public hearing, the Commission shall approve, approve with conditions, or reject the Certificate of Appropriateness. Failure to act within the 45 -day period constitutes approval of the application. This time may be extended if both the application and the Historic Preservation Commission agree on an extension. 3. The Historic Preservation Commission shall consider the application for a Certificate of Appropriateness at a public hearing. 4. In deciding upon any application for a Certificate of Appropriateness, the Historic Preservation Commission may, on their own motion or upon the suggestion of the applicant, grant the application subject to certain conditions necessary to promote and protect the historic property, building, or district. 5. The Historic Preservation Commission may include conditions which they deem necessary in order to make the requested action acceptable and consistent with the aesthetic, historic, architectural significance and value of the historic property, building involved. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 6. Prior to a final vote being taken upon any application for a Certificate of Appropriateness for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. 7. Following the public hearing, the Historic Preservation Commission shall approve, approve with conditions, or reject the Certificate of Appropriateness. 8. A Certificate of Appropriateness shall become void unless construction commences within six (6) months of the date of issuance. A Certificate of Appropriateness shall be issued for a period of 18 months and is renewable. H. Appeals. Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or rejection of a Certificate of Appropriateness may appeal such determination to the City Council. The appeal shall follow the procedures found in Section 11.3, Appeals of Administrative Decisions. 10.2.8 Review Standards for Certificate of Appropriateness A. In the interest of the public health, safety and welfare, the Historic Preservation Commission may exercise limited discretion in evaluating a Certificate of Appropriateness. In exercising such discretion, the Historic Preservation Commission shall consider it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property, building, or district B. For reconstruction, alteration, new construction, renovation, relocation, or demolition, the Commission shall consider each of the following: 1. Whether the proposed action conforms to the design, scale, building materials, setback and site features; and 2. Whether the proposed action conforms to the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings C. For relocation of a building structure, or object, the Historic Preservation Commission shall consider each of the following: 1. Whether the historic character and aesthetic interest the building, structure or object contributes to its present setting; 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3. Whether the building, structure or object can be moved without significant damage to its physical integrity; and 4. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site or object. D. For demolition of buildings, structures, sites, trees judged to be 50 years or older, or objects, the Historic Preservation Commission shall consider each of the following: 1. The historic, scenic or architectural significance of the building, structure, site, tree or object; 2. The importance of the building, structure, site, tree, or object to the ambiance of a district; 3. The difficulty or the impossibility of reproducing such a building, structure, site, tree, or object because of its design, texture, material, detail, or unique location; 4. Whether the building, structure, site, tree, or object is one of the last remaining examples of its kind in the neighborhood or the City; 5. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; 6. Whether reasonable measures can be taken to save the building, structure, site, tree, or object from collapse; and 7. Whether the building, structure, site, tree, or object is capable of earning reasonable economic return on its value. E. Undue Hardship. When, by reason of unusual circumstances, the strict application of any provision of this Section would result in the 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 provisions, so as to relieve such difficulty or hardship; provided such variances, modifications 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 Historic Preservation 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. F. In granting such certificates, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of the historic property, building, or district. 10.2.9 Requirements for Amendments of the UDC (Text Amendments) This UDC may be amended by the Mayor and City Council on its own motion. If otherwise motioned, a complete application packet shall be required as described below: A. An application to amend the text of the UDC shall be submitted on forms provided by the City. B. The application shall include the following information: 1. Identification of the specific provision proposed for amendment; 2. The proposed modifications in a strikethrough and underline format; 3. A detailed explanation of the rationale and justification for the requested amendment; and 4. A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with modifications or conditions, or denial. The staff report shall address the following issues: 1. Consistency of the amendment with the Comprehensive Plan. 2. Potential impacts on the character and quality of development in the City and any affected zoning districts. 3. Potential impacts on the provision of infrastructure and improvements. 4. The merits of the proposed amendments relative to any guidelines, policies, or programs which have been adopted in furtherance of the Comprehensive Plan. D. Public Hearing. The director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. E. The Planning Commission shall consider the proposed amendment to the UDC at its regularly scheduled public meeting. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report. 2. The Planning Commission shall make a recommendation to the Mayor and City Council for approval, approval with further modifications, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. 1. The Mayor and City Council shall consider the information set forth in the staff report and the recommendations of the Planning Commission. 2. The Mayor and City Council may approve, approve with conditions, defer, or deny the proposed amendment to the UDC. 10.2.10 Requirements for Amendment to the Comprehensive Plan The Comprehensive Plan may be amended by the Mayor and City Council on its own motion. If otherwise motioned, a complete application packet shall be required as described below: A. An application to amend the text or maps of the Comprehensive Plan shall be submitted on forms provided by the City. B. The application shall include the following information: 1. Identification of the specific provision proposed for amendment. 2. The proposed modifications in a strikethrough and underline format. 3. A detailed explanation of the rationale and justification for the requested amendment. 4. A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with conditions, or denial. D. The Director shall advertise for the public hearing at the Planning Commission and the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. E. The Planning Commission shall consider the proposed amendment to the Comprehensive Plan at a public meeting. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report. 2. The Planning Commission shall make a recommendation to the Mayor and City Council for approval, approval with further modifications, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. 1. The Mayor and City Council shall consider the information set forth in the staff report and the recommendations of the Planning Commission. 2. The Mayor and City Council may approve, approve with conditions, defer, or deny the proposed amendment to the Comprehensive Plan. 2. 10.2.11 Community Zoning Information Meeting (CZIM) A. Purpose. The purpose of the Community Zoning Information Meeting (CZIM) requirement is to help educate applicants and neighbors about one another's interests, to attempt to resolve issues in a manner that respects those interests, and to identify unresolved issues. B. Applicability. CZIMs are applicant-initiated meetings required to be held for any nonCity-initiated decisions as required by this chapter. They are encouraged in all cases.. C. Written Notice. The applicant or their representative is responsible for completing all requirements of this section. Written notice is required for all CZIMs and shall be sent via certified mail to the owners of all properties that are located within 500 hundred feet of the boundaries of the subject property, as those property owners are listed on the tax records of Henry County. The notices shall be mailed at least ten (10) days before the Formatted: Font: (Default) Calibri date of the CZIM. Written notices shall indicate the nature of the application, the street address of the subject property, and the date, time, place and purpose of the meeting. D. The applicant shall host a meeting, either virtual or in-person, that is accessible to the general public. E. Summary Report. The applicant shall host the meeting and submit a summary of the CZIM prior to the public meeting before the Planning Commission. The summary report shall describe: 1. Efforts to notify neighbors about the meeting date, time, and location (how and when notification occurred, and who was notified); 2. Meeting location, date, and time; 3. Who was involved in the discussions; 4. Suggestions and concerns raised by neighbors; and 5. What specific changes to the proposal were considered and/or made as a result of the meeting. 10.3 Public Notice Requirements All hearings of the Mayor and City Council which involve annexation, zoning map amendments, text amendments of the UDC, Special Use Permits, major modifications of zoning conditions and/or master plans, appeals, and variances are public and subject to notification requirements under the State Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., where applicable. Planning Commission meetings shall be open to the public but are not required to be public hearings. 10.3.1 Public Notice Required A. Notice shall be provided by the City for public meetings and hearings regarding the following actions: 1. Zoning Map Amendment; 2. Special Use Permits; 3. Text Amendments ; 4. Major modification of zoning conditions and/or master development plans; 5. Variances; 6. Certificate of Appropriateness; and 7. Tier 2 Waivers. B. All required public notices shall include the following information: 1. Date and time of the public meeting or public hearing; 2. Place of the public meeting or public hearing; 3. Location of the property being considered; 4. Purpose of the requested action; and 5. For requests to amend the official zoning map, the notice shall include the current and proposed zoning district. C. Forms of notice required for public hearings may include mailed notice, published notice in a newspaper of general circulation, and posted notice by signs as required by Table 10.3.1, Types of Public Notice for Applications below. Table 10.3.1 - Types of Public Notice for Applications Proposal Mailed Posted Published CZIM Comprehensive Plan Amendments Y Y Y -- Annexation Y Y Y -- Rezoning (Map Amendment) Y Y Y Y Modifying Conditions of Approval (Major)/Master Plan Amendment (Major) Y Y Y Y Special Use Permit Y Y Y Y Variance Y Y Y -- Certificate of Appropriateness Y Y Y -- Designation of a Historic District Y Y Y -- Designation of a Historic Property or Building Y Y Y -- Legend: 1. Y = Required; 2. “--” = Not Required 10.3.2 Requirements for Publishing Legal Ads A. Upon receipt of a completed application, fees, and other information required by this Chapter or Chapter 9, Administrative Development Procedures, the Community Development Director shall cause notice of such application to be published within a newspaper of general circulation within the territorial boundaries of the City of Stockbridge at least fifteen (15),15 but not more than forty-five (45),45 calendar days prior to the date of the public hearing. B. For applications to designate a local historic district or to designate a local historic property, notice of the public hearing shall be published at least ten (10) but not more than 20 days prior to the public hearing as provided in O.C.G.A. § 44-10-26 ("Georgia Historic Preservation Act"), or as amended. Notice of the public hearing shall be published on at least three (3) occasions prior to the public hearing. 10.3.3 Requirements for Posting Signs A. The City shall provide standardized signs for posting to provide public notice of meetings and hearings. B. Signs shall be posted as follows: 1. The sign(s) shall be posted in a conspicuous location on the property, adjacent to the street, if possible. 2. The sign(s) shall be posted not less than fifteen (15),15 and not more than fortyfive (45),45 calendar days prior to the date of the public hearing. For applications to designate a local historic district or to designate a local historic property, signs shall be posted not less than ten (10) but no more than 20 days before the public hearing. 3. If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street that provides access to the site. C. Any City-initiated request shall be exempt from these posted notice requirements of this section unless otherwise required by the State statute referenced in Section 109.3.5, Additional Notice Required. 10.3.4 Mailed Notices A. Mailed notice shall be provided to all adjacent property owners who own property within five hundred (500500 hundred) feet of the boundary line of the subject property, including those across public rights-of-way, at least fifteen (15),15 but not more than forty-five (45),45 calendar days prior to the public hearing for all variances, special use permits, modifications, amendments to the official zoning map, and certificates of appropriateness. Additionally, notice shall be sent to the subject property owner(s). Said adjacent property owner mailed notices shall be mailed by the applicant, and the applicant shall provide the Community Development Director proof of mailing. B. How Property Addresses are to be Obtained. 1. Mailing addresses for property owners shall be obtained from the most recent tax digest available from the office of the Henry County Board of Assessors. 2. The Community Development Director shall prepare the content of the notice and be responsible for its mailing, unless otherwise required by the application process. 10.3.5 Additional Notice Required When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional requirements. Formatted: Font: Bold A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or B. Halfway drug rehabilitation center, or other facility for the treatment of drug dependency; or C. Annexation. 10.4 Procedures for Conducting Public Hearings 10.4.1 Rules of Procedure The following rules of procedure in compliance with O.C.G.A. § 36-66-5 shall govern public hearings before the Planning Commission and the Mayor and City Council. A. Each person speaking before Mayor and Council shall identify him or herself by name, address, and state whether the applicant is owner or agent for the owner. B. Each applicant or other interested party who submits documents at the hearing shall have each document numbered and shall identify each document. Each document submitted shall be made a part of the official record of the hearing. C. Time Allotted for Testimony 1. Each applicant shall have ten (10) minutes to present data, evidence, and opinions that are pertinent to the application. A portion of this time may be saved for rebuttal. 2. Persons who are in opposition shall have a total of ten (10) minutes to address the board. Persons who are in support shall have a total of ten (10) minutes to address the board. Each person shall provide the Community Development Director with his or her name and address. 3. Additional time may be granted equally to the applicant and opponents at the discretion of the Mayor or the chair of the Planning Commission. D. At the conclusion of a hearing by the Planning Commission, the board chair shall announce its recommendation, as required, and instruct the Community Development Director to notify the applicant of such decision or recommendation in writing. The notification shall be made a part of the record on the date written notification is given to the applicant. E. At the conclusion of a hearing by Mayor and Council, the Mayor and Council may take the following actions: 1. Approve the application. 2. Approve the application with conditions. 3. Deny the application. 4. Continue or postpone their deliberations for rendering their decision to a certain date. 5. Remand matters to the Planning Commission for additional review and recommendation if the nature of the request has substantially changed. F. Mayor and City Council shall announce its decision and instruct the Community Development Director or their designee to notify the applicant of the decision in writing. The written notification shall immediately be entered on the minutes and made a part of the record on the date such written notification is given to the applicant. 10.4.2 Additional Hearing Requirements When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional requirements: A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or B. Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or C. Annexation. 10.5 Requirements for Development(s) of Regional Impact A. A proposed development that meets or exceeds thresholds established by the Georgia Department of Community Affairs (DCA), Atlanta Regional Commission (ARC), and Georgia Regional Transportation Authority (GRTA) for a Development of Regional Impact (DRI) shall be reviewed according to the procedures in Chapter 110-12-3, Rules of the Department. B. When a development meeting the threshold standards established by the DCA, ARC, and GRTA is proposed, the City shall take no action (including actions by the director, Planning Commission, or Mayor and City Council) concerning the development until the DRI review process is completed. C. Upon receipt of a request for action related to a project that meets or exceeds the thresholds established for that development category, the City of Stockbridge may request that the applicant submit additional information about the project using forms available from DCA. D. Upon determination that the proposed development is not a DRI, the City may process applications using procedures that are set forth in this UDC. E. Upon conclusion of the DRI review, the City may continue with review and decisionmaking procedures as set forth in this UDC. 1. The City is encouraged to include the public findings and comments regarding the proposed DRI project in considering actions on the application for project approval. 2. Where the project received a negative public finding and the City approves the project, the City shall notify the DCA, indicating any conditions that have been placed on the project to mitigate the negative finding. 3. The Director shall submit applications for DRI review to the DCA. 10.6 Requirements for Designation of Historic Districts and Properties A. Requirements. No ordinance designating any historic property, historic district, or expansion of a historic district may be adopted unless all requirements of this Section have been met. B. Criteria. 1. Historic District. The property or properties to be reviewed for inclusion into the historic district or designation of a new historic district shall meet two or more of the following criteria: a. Has special character or special historic/aesthetic value or interest; b. Represents one or more periods, styles or types of architecture typical of one or more eras in the history of the municipality, county, state or region; and c. Causes such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or County. 2. Historic Property or Building. The property or building to be reviewed for designation shall meet two or more of the following criteria: a. It is an outstanding example of a structure representative of its era; b. It is one of the few remaining examples of a past architectural style; c. It is a place or structure associated with an event or persons of historic or cultural significance to the City of Stockbridge, State of Georgia, or the region; or d. It is the site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, County, State or region. C. Official Application. 1. Applications for the expansion or designation of a historic district may be proposed by the Mayor and City Council, the Historic Preservation Commission, a historical society, neighborhood association, or property owners. 2. An application to amend the text of the UDC shall be submitted on forms provided by the City. 3. Prior to submittal of an application for rezoning, the applicant shall have participated in the pre-application conference. 4. Applications shall, at a minimum, include the following information: a. Description of the proposed property, properties, or building; b. Proposed boundary of the historic district; c. Evaluation of properties within a historic district as contributing or noncontributing; d. List the name(s) of the owner(s) of the property, properties, or building; e. Representative photographs of properties within the historic district; f. Require that a Certificate of Appropriateness be obtained from the Commission prior to any material change in appearance of the designated property; and g. Require that the property or district be shown on the official zoning map of the City of Stockbridge and be kept as a public record to provide notice of such designation. D. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 109.3, Public Notice Requirements. E. Decision-Making Process 1. Historic Preservation Commission Recommendation a. The Historic Preservation Commission shall make or cause to be made an investigation and shall report on the historic, cultural, architectural, or esthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. No less than 30 days prior to making a recommendation on any ordinance to designate a property, building, or district, the Historic Preservation Commission must submit the report to the Department of Community Affairs or its successor. b. A recommendation to affirm, modify, or withdraw the proposed ordinance for designation shall be provided to City Council within 15 days following the public hearing. 2. Mayor and Council Decision a. Upon receipt of a recommendation from the Historic Preservation Commission, the City Council may adopt the ordinance as proposed, with any amendments they deem necessary, or reject the ordinance. F. Adoption. Within 30 days immediately following the adoption of the ordinance, the owners and occupants of each designated historic property or building and the owners Formatted: Underline and occupants of each structure, site, or work of art located within a designated historic district shall be given written notification of such designation by the City Council, which notice shall apprise said owners and occupants of the necessity for obtaining a Certificate of Appropriateness prior to undertaking any material change in the appearance of the historic property or building designated or within the historic district designated. This notice shall be provided in accordance with Section 10.3.4, Mailed Notices. 10.7 Zoning of Annexed Property with Common Zoning Classification Property which has been annexed from Henry County into the City shall be automatically zoned by the City through the operation of this section for the same use for which the property was zoned immediately prior to annexation, so long as the City and county zoning ordinances share a common zoning classification for such use. As provided under O.C.G.A. § 36-66-4(e), a zoning action taken pursuant to this section shall exempt the City from the notice and public hearing requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. Property which was zoned pursuant to this section may later be rezoned upon compliance with the requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. 10.8 Waivers A. Applicability. The waiver permits specified minor deviations from the zoning ordinance, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow the circumvention of the intent of this Code. There are two (2) tiers of waiver requests defined herein. B. Authorized Waiver Requests. 1. Tier 1. Tier 1 waivers are minor in nature and are intended to solve minor issues that arise from the application of the Code during building and site design and development. a. Reduce width of any dimensional standard for any architectural standard in Section 4.4, Architectural Guidelines by up to twenty percent (20%).20%. b. Reduce width of any dimensional standard for any street or streetscape standard by up to twenty percent (20%),20%, but in no case shall the sidewalk be reduced to less than five (5) feet wide. c. Reorder the landscaped strip, sidewalk, and building zones or relocate improvements and amenities among them (e.g., relocating trees to building zones). d. Allow changes in frequency of improvements in the landscaped strip, sidewalk, and building zones in Section 4.3.10, Streetscape Standards by up to twenty percent (20%) (e.g., increase the separation of bicycle racks from two hundred fifty (250) to three hundred fifty (350) feet). 2. Tier 2. Tier 2 waivers are more significant requests that would result in a more substantial departure from the Code requirements. a. Reduce width of any dimensional standard for any street or streetscape standard by any amount. b. Reduce, alter, or eliminate any standards in Section 4.4, Architectural Guidelines. c. Reduce, alter, or eliminate any standards in Section 4.3.10, Streetscape Standards. d. Reduce, alter, or eliminate any standards in Section 13.7, Buffer Requirements. e. Reduce, alter, or eliminate any standards in Section 13.8, Landscape Requirements. f. Reduce, alter, or eliminate any standards in Chapter 5, Parking. C. Authority to File. Applications for waivers may be filed by the owner of the subject property or the property owner's authorized agent. D. Pre-Application Meeting. A pre-application meeting with the Community Development Department is required for all waiver requests. E. Tier 1 and Tier 2 Notice. 1. Tier 1 Waivers a. Posted notice (signs) shall be posted for a minimum of ten (10) days before a decision is rendered and in a conspicuous place on the subject property to notify the public and adjacent property owners of a request for a Tier 1 waiver. b. Each notice shall provide the following information: i. Purpose of request. ii. Location of property. c. Members of the public wishing to support or oppose a request for Tier 1 waiver shall file their comments in writing with Community Development Department. The deadline for acceptance of comments is ten (10) days after notice was posted. 2. Tier 2 Waivers. Tier 2 waivers require a public hearing. a. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. F. Decision-Making Process. 1. Tier 1 Waivers a. Upon receipt of a complete Tier 1 waiver application, the Community Development Department shall review the proposal and prepare an analysis. b. At least thirty (30)30 days from the submittal of a complete application, the Community Development Director shall act to approve the Tier 1 waiver, approve the Tier 1 waiver with conditions, or deny the Tier 1 waiver based on the applicable review and approval criteria in accordance with this Section. The Community Development Director is also authorized to allow the applicant to withdraw the Tier 1 waiver without prejudice. 2. Tier 2 Waivers a. Staff Review. Upon receipt of a complete Tier 2 waiver application, the Community Development Department shall review the proposal and prepare an analysis and recommendation for consideration by the Planning Commission. b. Planning Commission Recommendation. The Planning Commission shall hold a public meeting on the Tier 2 waiver application. The Planning Commission shall act to recommend that the Tier 2 waiver be approved, approved with conditions, or denied based on the applicable review and approval criteria of this Section. The Planning Commission may also recommend deferral of the application, or, upon request of the applicant, may recommend withdrawal of the application without prejudice. c. Mayor and Council Decision. Upon receipt of a recommendation from the Planning Commission, the Mayor and City Council shall review the Tier 2 waiver application. The Mayor and City Council shall act to approve the Tier 2 waiver, approve the Tier 2 waiver with conditions, or deny the Tier 2 waiver based on the applicable review and approval criteria of this section. The Mayor and City Council is also authorized to withdraw the Tier 2 waiver without prejudice. G. Review and Approval Criteria. The Director may authorize Tier 1 waivers, and the Council may authorize Tier 2 waivers from the provisions of this zoning ordinance based on consideration of the following criteria: 1. Features such as topography, high frequency transmission lines, existing trees of specimen or significant quality, underlying rock, or other condition outside the owner's control to the extent that strict adherence to said requirements would be unreasonable and not consistent with the purposes and goals of this Code; 2. Alternative streetscape or building/facade design configurations are provided; and 3. Proposal will not result in any detriment to the public good, including, without limitation, detriment to the interest of the public, and will not result in any harm to the health, safety, or welfare of the City or the general public. H. Successive Applications. If a waiver application is denied, an application to waive the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for one (1) year from the date of the denial. I. Appeals. See Section 11.3, Appeals of Administrative Decisions for Tier 1 waivers and Section 11.4, Appeals of Final Action by the Mayor and City Council for Tier 2 waivers. J. Amending Conditions. A request for changes in conditions of approval attached to an approved waiver shall be processed as a new waiver application in accordance with the procedures of this division, including the requirements for fees, notices, and hearings. CHAPTER 11: VARIANCES AND APPEALS 11.1 Variances A. A variance may be granted where owing to special conditions, a literal enforcement of the provisions of this unified development code will in an individual case result in unnecessary hardship. B. A variance shall observe the spirit of this unified development code, secure public safety and welfare, and deliver substantial justice. C. The existence of a nonconforming use on adjacent or nearby property shall not constitute a justification for granting a variance. D. The Planning Commission shall make recommendations to the Mayor and City Council which shall have the authority to render a decision on a variance application pursuant to the requirements set forth in this chapter. 11.1.1 Limitations on Power to Grant Variances A. Variances shall be limited to dimensional relief and no variance shall be granted that would result in any of the following situations to: 1. Allow a structure, building, or use not permitted by this Code or not permitted in the zoning district in which a given property is located. 2. Allow an increase in maximum building height. 3. Waive, vary, modify, or otherwise override a condition of approval attached to a quasi-judicial or legislative land use decision. 4. Reduce, waive, or modify in any manner the minimum lot area or lot width required for the zoning district in which a given property is located. 5. Allow the reestablishment, expansion, or enlargement of any nonconforming use that has been abandoned or otherwise no longer has lawful nonconforming status. 11.1.2 Criteria for Variances A. The Community Development Director, Planning Commission, and Mayor and City Council shall consider and find in the affirmative that all the following criteria are met in determining whether a variance shall be approved: 1. Extraordinary and exceptional circumstances which are peculiar to the property due to its size, shape, or topography that are not common to other properties in the same zoning district; 2. A literal interpretation of the provisions of this unified development code would deprive the applicant of rights commonly enjoyed by owners of other properties located in the same zoning district, resulting in unnecessary and undue hardship on the applicant; 3. Granting the variance requested will not confer upon the property owner any special privileges that are denied to other owners of property in the same zoning district; 4. The variance will be consistent with the intent of this unified development code and the Comprehensive Plan and shall not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare; 5. The extraordinary circumstances are not the result of actions of the applicant; and 6. The variance, if granted, is the minimum relief necessary to make possible the reasonable use of land, buildings or structures. 11.1.3 Requirements for Authorizing a Variance A. A variance shall be initiated by an application from a property owner or on behalf of a property owner. An application for a variance must be completed and submitted on standardized forms approved by the City. All applications shall be filed and completed as specified on the application form. B. All fees associated with an application for a variance must be paid in full prior to processing. C. Applications will be submitted to the Community Development Department and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Chapter and noted in the application materials. D. Once an application has been deemed to be complete, the Community Development Director shall transmit the application and notify the applicant that the application is complete. The application shall then be placed on the next available agenda of the Planning Commission, and the Community Development Director shall oversee preparation of a staff report for the requested variance. The Community Development Director shall also publicly advertise all public hearings to be held for the requested variance in accordance with this UDC and State regulations. E. Incomplete applications shall not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application. 11.1.4 Planning Commission Recommendation A. The Planning Commission shall hold a public hearing for an application for a variance. Following the public hearing, the Planning Commission shall issue an advisory recommendation for the requested variance. 1. The recommendation shall be to approve, approve with conditions, deny, or table the subject request. This recommendation shall be forwarded to the Mayor and City Council prior to their public hearing on the subject request. 2. If the Planning Commission does not issue a recommendation within forty-five (45) 45 calendar days following the public hearing for a given variance request, the Commission shall be considered to have recommended approval of the application. 11.1.5 Mayor and City Council Decision A. Following the issuance of a recommendation by the Planning Commission, the Mayor and City shall hold a public hearing for an application for a variance. B. Following their public hearing on the matter, the Mayor and City Council shall cast a decision on an application for a variance. The final decision is not required to align with the recommendation of the Planning Commission. 1. The final decision, as issued by the Mayor and City Council, shall be to approve, approve with conditions, or deny the subject request. 2. The Mayor and City Council may table the variance application to a future public meeting if there are evolving or uncertain factors that hinder their ability to cast a definite decision at the time. 11.2 Administrative Variances A. The purpose of an administrative variance is to provide the applicant with the minimum amount of relief necessary to avoid unnecessary hardship. B. The Director shall have the power to approve a variance from site design and development standards of this unified development code where the intent of this unified development code can be achieved, equal performance obtained, and the administrative variance would not override conditions of zoning adopted by the Mayor and City Council. The authority to grant a variance shall be limited to the instances provided herein. 1. A reduction of the minimum front, side, or rear yard building setback for a lot of record, provided the following standards are satisfied: a. The building setback reduction is necessary due to geologic conditions, unusual topography, or Tree Protection challenges peculiar to the subject property pursuant to Chapter 134, Buffers, Landscaping, and Tree Protection of this UDC. b. The building setback reduction is limited to a maximum deviation of ten percent (10%) from the minimum code requirement. 2. A reduction or increase of the minimum parking requirements for a particular land use, provided the following standards are satisfied: a. The subject property would not contain fewer than ten (10) parking spaces, including at least one (1) ADA accessible space, as a result of the administrative variance. b. The reduction of minimum parking spaces required is limited to a maximum deviation of ten percent (10%) of the code requirement. c. An increase in the maximum required parking space quantity by greater than ten percent (10%) of the Code requirement if the subject site is undeveloped or contains fewer than ten (10) parking spaces at the time of the request. d. An increase in the maximum required parking space quantity by greater than 20% of the Code requirement if the subject site is developed and contains ten (10) or more parking spaces at the time of the request. 3. A waiver from Chapter 5, Parking requiring a dust free parking surface may be issued by the director provided the parking area consists of a pervious or semipervious materials meeting the following standards: a. There shall be a paved primary lot that serves the parking needs of customers and employees on a regular basis. Unpaved parking spaces may not count toward the parking requirements outlined in Section 4.8 with the exception of spaces dedicated to employees of the business. b. Materials used for unpaved parking shall be approved by the City of Stockbridge Public Works Department prior to installation. Gravel shall not be an acceptable material for impervious parking areas. c. Unpaved parking areas shall be enclosed by a fence that restricts public access. All gates and locks shall be approved by the City of Stockbridge Fire Department prior to installation. d. The unpaved parking area shall meet the design standards for parking lots, with the exception of paving requirements, and including size of spaces, drive aisles, maneuvering areas, and stormwater management. e. A paved driveway leading to the unpaved parking area that is a minimum of twenty-four (24)24 feet in length shall be provided. f. Unpaved parking areas are subject to the landscaping provisions, including the provision that all landscaping be permanently maintained. Surfaces must remain grass and weed free. 4. No administrative variance shall be issued that outright eliminates a requirement development standard. 11.3 Appeals of Administrative Decisions A. The Mayor and City Council shall hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, written interpretation, or decision made by the Director of the Community Development Department, based on the interpretation or enforcement of the unified development code. B. Only persons or entities that are aggrieved by an action shall be permitted to file an appeal under this Code section. C. A notice of appeal under this Section shall be applied for pursuant to the following: 1. A notice of appeal shall be filed within thirty (30)30 calendar days following the decision or determination that is the subject of the appeal. 2. An appeal shall be made by filing a written notice with the Director of Community Development, specifying the grounds of the appeal and the alleged errors in the decision or interpretation made by the Community Development Department. 3. When applicable, the appellant shall cite the specific section(s) of the unified development code pertinent to the administrative appeal request. 4. A notice of appeal shall be considered filed when a complete notice of appeal is delivered to the Director. D. The Director shall cause for the appropriate departments to be notified that an appeal application and the requisite fees have been filed and shall forward those documents to the appropriate department head and/or his or her designee for handling. 1. The Mayor and City Council shall hold a public hearing for an application for administrative appeals no later than thirty (30)30 calendar days following the filing date of a notice of appeal. The Director shall publicly advertise all public hearings to be held for the requested appeal in accordance with this Code and State regulations. 2. The Director shall oversee the preparation of a staff report for the requested administrative appeal. E. The Mayor and City Council shall render a decision on an application for administrative appeal following a public hearing on the request and the consideration of all testimony, documentary evidence, and matters of record. 1. The decision shall be either to affirm or reverse, wholly or in part, the administrative decision that is the subject of the appeal request. At the time of motioning during a public meeting, the decision shall include a statement of the specific reasons including the proposed findings of fact that support the decision. The findings of fact shall be based on the same evidence received by the first decision maker. 2. The reversal of an administrative decision, in whole or in part, shall be sustained only upon an expressed finding by the Mayor and City Council that the decision by the Director was based on an erroneous finding of a material fact, or that the Director acted in an arbitrary manner. 3. If a motion to reverse or modify is not made within thirty (30)30 calendar days following the public hearing for an administrative appeal, or such motion fails to receive the affirmative vote of a majority of the members present, then the appeal shall be denied. F. The filing of a complete notice of administrative appeal stays all proceedings in furtherance of the action appealed. Proceedings shall not be stayed if it is determined by the Director that a stay would cause imminent peril to life or property, or that the violation is transitory in nature, or that a stay would interfere with the enforcement of this Code or other regulations. 1. An appeal shall stay only those proceedings that involve the subject of the appeal. G. The filing on an appeal does not stop the accruing of assessed civil penalties, if any. 11.4 Appeals of a Final Action by the Mayor and City Council A. All appeals of final decisions of the Mayor and City Council shall be as follows: 1. An appeal of the final decision of the Mayor and City Council under this Chapter may be taken by the applicable processes as stated in O.C.G.A. § 36-66-5.1. 2. If an appeal is being made by way of petition for review to the superior court where the property lies, in accordance with both O.C.G.A. § 36-66-1 et seq., and as provided for in Chapter 4, Title 5 of the Official Code of Georgia Annotated, any petition may be served through the City Manager or Mayor on behalf of the lower judiciary body being appealed, or on behalf of the city. CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT 12.1 Authority The City of Stockbridge and the Community Development Department (and their designee) shall be designated to enforce the provisions, regulations, and intent of this Code. All remedies and enforcement shall comply with the powers set forth in all applicable State of Georgia laws. 12.2 Inspections Inspections and enforcement authority outlined herein shall apply to the Community Development Director. 12.2.1 Right of Entry A. Upon presentation of City identification to the developer, contractor, owner, owner’s agent, operator or occupants, City employees authorized by the Community Development Director shall be permitted to enter during all reasonable hours, or outside reasonable hours, in the event of any emergency threatening life or property, any public or private property for the purpose of: 1. Making inspections to determine compliance with the provisions of this UDC during the open period of any land development, building permit, or other open quasi-judicial or zoning decision. 2. Making inspections to determine compliance with the provisions of this UDC. Where consent is not given to entry, such City employees may seek a warrant to secure entry to the premises B. If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the Community Development Director. C. The owner or operator shall allow the Community Development Director ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography, and videotaping for ensuring compliance with the provisions of this UDC. The owner or operator shall allow the Community Development Director to examine and copy any records that are required under the conditions of any permit granted under this UDC. D. Any temporary or permanent obstruction to safe and easy access to the premises, property, or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Community Development Director and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator. E. Unreasonable delays in allowing the Community Development Director access to a facility, property, or premises shall constitute a violation of this UDC. F. If the Community Development Director has been refused access to any part of a premises, property, or facility and the Community Development Director is able to demonstrate probable cause to believe that there may be a violation of this UDC, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this UDC or any order issued hereunder, or to protect the overall public health, safety, environment, and welfare of the City, then the Community Development Director may seek issuance of an inspection warrant from the magistrate court. G. The Community Development Director may determine inspection schedules necessary to enforce the provisions of this UDC. 12.2.2 Inspection Warrants A. The Community Development Director, in addition to other procedures provided, may obtain an inspection warrant for the purpose of inspection or investigation of conditions relating to the enforcement of this UDC or observation, measurement, sampling, or testing with respect to the provisions of this UDC. B. Inspection warrants may be issued by the magistrate court when the issuing judge is satisfied that the department has established by oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of the property. C. An inspection warrant shall be issued only if it meets the following requirements: 1. The warrant is attached to the affidavit required to be made in order to obtain the warrant; 2. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection; 3. The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; 4. The warrant refers, in general terms, to the code provisions sought to be enforced; and 5. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection; 12.3 Enforcement A. Inspections and enforcement authority outlined herein applies to the Community Development Director. B. It is the duty of the Community Development Director to enforce the provisions of this Section. C. In addition, it is the duty of all officers and employees of the City, especially members of the Code Enforcement and Police Department, to assist the Community Development Director by reporting any seeming violations, including violations in new construction, redevelopment, or land use. D. Failure to Obtain a Permit. If any person commences any activity requiring a permit as prescribed in this UDC without first obtaining said permit, the person shall be subject to revocation of his/her 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. 12.3.1 Responsibility A. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Stockbridge, its officers, or employees, for injury or damage to persons or property. B. Enforcement. If the Director determines that any violation of this UDC is taking place, or that a condition of zoning, variance, or other permit or administrative approvals are not complied with, the Director shall present to the owner, owner’s agent, occupier, or party responsible for such use or activity, a notice of violation and order the use or activity to cease immediately. C. Violation. The owner of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be held responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the Community Development Director (and their designees). D. Responsibility of Historic Properties or Buildings. The owner of any historic property or buildings within historic districts shall be responsible for any maintenance or repair to deterioration by neglect. Such conditions shall include but not be limited to broken windows, doors and exterior openings which allow the elements and vermin to enter, or the deterioration of a building's structural system. In the event the owner fails to provide ordinary maintenance or repair, it will be considered a violation in accordance with this Chapter. 12.3.2 Procedure for Violations There shall be a three-step procedure for violations of this UDC. These steps are as follows: A. The Community Development Director (and their designees) shall issue a notice of violation to the person(s) who has committed, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within thirty (30)30 days of the mailing date or posting of notice. The violator will have the opportunity to respond prior to the imposition of a penalty and further rights as provided in this Section. B. The Community Development Director (and their designees) shall issue a notice of fines and penalties to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties is a citation that states the fines and penalties for the violation. The person(s) in violation will have fifteen (15)15 days to pay said fines and/or comply with the penalties. The person(s) in violation must correct the violation within fifteen (15) 15 days or face additional notices of fines and penalties. C. If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after notice has been given, the Department of Community Development and/or City of Stockbridge may pursue court action through the municipal court. Fines and liens against the property may also be pursued until the matter is resolved. 12.3.3 Notice of Violation A. The written notice of violation shall at least contain the following information: 1. The name and address of the owner or responsible person; 2. The address or other description of the site upon which the violation is occurring; 3. A description of the nature of the violation; 4. A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this UDC; 5. The deadline or completion date of any such remedial actions or measures, to consist of not less than thirty (30)30 days, except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient; 6. A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the notice of violation is directed; and 7. The name and contact information of the enforcement officer who drafted the Notice of Violation. B. If the violation has not been corrected within a reasonable length of time, as noticed in the violation, the owner of the property on which such violation has occurred or the owner’s agent, occupier, or other party responsible for the violation shall be subject to the penalties set forth in this Article, provided that the Community Development Director may, at their discretion, extend the time for compliance with any such notice. C. The Community Development Director also shall have authority to issue a warning notice prior to issuance of a notice of violation. A warning notice shall be discretionary when circumstances warrant such action in the opinion of the Community Development Director and shall, under no circumstances, be required prior to issuance of a notice of violation or other enforcement action. If issued, a warning notice shall include all of the requirements set forth in subsection (a)A of Section 12.3.3, Notice of Violation. If a warning notice has not resulted in corrective action within the time specified in the notice, or within any time limit as extended by the Community Development Director, said Director may proceed with a notice of violation or other authorized enforcement action. D. The Community Development Director also shall have the authority to extend the originally issued deadline for compliance by up to six (6) months, if it is established to the Community Development Director’s satisfaction that the responsible party is: 1. Acting in good faith to comply with the notice by taking incremental action to remedy the situation; and 2. Is unusable to comply with the original deadline presented due to financial, medical, or legal hardship, or another extenuating circumstance. 12.3.4 Immediate Public Risk Violations Any violation of this Code which presents an immediate risk to the health, safety, or welfare of the public, or to property within the City of Stockbridge may be corrected by the Community Development Director (and their designees), without prior notice to the property owner or other person responsible for the violation. A. Immediate public risk violations shall include: 1. Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this UDC. 2. Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public. 3. Any other immediate threat to public welfare as determined by the Community Development Director (and their designees), City Police Department, City Fire Department, and/or other City departments. B. The Community Development Director (and their designees) shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this Code, by either placing a notice in a conspicuous place on the property or by letter. 1. The notice shall be sent to the property owner via certified mail within twentyfour (24) 24 hours of the seizure. 2. The notice shall include the following: a. A description of the materials seized; b. A citation of the sections of the UDC which were violated and the characteristics of the violation which posed an immediate threat to public welfare; c. The address and phone number of the Department of Community Development and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item; and d. Instructions describing how, where, and when the seized items may be claimed. C. The Community Development Director (and their designees) shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than thirty (30)30 days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the establishment of a memorandum of agreement between the property owner and Community Development Director (and their designees) regarding the future use of the item in a manner consistent with this UDC. D. Neither Community Development Director (and their designees), the building inspector, or any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken. 12.4 Stop Work Orders and Revocations The Community Development Director may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations. 12.4 Other Enforcement In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of, any one or more of the following actions may be taken against the person to whom the notice of violation was directed. Before taking any of the following actions, the Community Development Director shall first notify the applicant or other responsible person in writing of its intended action as provided in Section 12.3.3, Notice of Violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Community Development Director may take any one or more of the following actions or impose any one or more of the penalties provided in Section 12.6, Penalties for violations: A. Withhold Certificate of Completion/Occupancy. The Community Development Director may refuse to issue a certificate of completion/occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. B. Suspension, Revocation, or Modification of Permit. The Community Development Director may suspend, revoke or modify the permit authorizing the project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Community Development Director may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. Formatted: Underline C. Bond Forfeiture. The Community Development Director may forfeit a bond, if required to post one. The City may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance. 12.6 Penalties for Violations The Community Development Director by mandatory injunction in the city municipal court against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this Code, or the removal of any use or condition in violation of this Code. A. Civil penalties. Where authorized by statute, in the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described by the specified deadline or completion date, the City may impose a penalty not to exceed $1,000 (for each day the violation is not remedied after the specified deadline or completion date). B. Criminal penalties. The Police Department or Community Development Director may issue a citation to the applicant or other responsible person, requiring such person to appear in the magistrate court of the City to answer charges for such violation. Upon conviction, a fine not to exceed $1,000, except where authorized by law, or imprisonment for 60 days, or both shall punish such person. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. Nothing in this UDC shall require issuance of notice of violation or stop work order prior to the issuance of a citation. 12.7 Appeals or Trials A. Any person receiving a notice of violation and/or fines and penalties may appeal the violation and/or fine to the City municipal court. A written statement from the person in violation, giving notice of the filing of an action with a court, shall be submitted to the Community Development Director (and their designees) via certified mail at least thirty (30) days prior to the date any fine is due. B. Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or fine. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation. C. No additional notices will be issued by the Community Development Director (and their designees) if the person(s) in violation has (have) submitted an appeal or notice of court review. 12.8 Enforcement, Remedies, or Injunctive Relief The Community Development Director (and their designees) may bring an action in the City municipal court to invoke any legal, equitable, or special remedy, for the enforcement of any code or regulation, and its subsequent amendments. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION 13.1 General A. Findings. Whereas, The City of Stockbridge finds that trees and associated vegetation provide substantial public benefits and that their preservation and management are essential to protecting the public health, safety, welfare, environmental quality, and economic vitality of the community. Trees contribute to Stockbridge in the following ways: 1. Public Health and Air Quality. Trees produce oxygen essential to human and animal life and improve air quality by absorbing carbon dioxide and intercepting dust, particulate matter, and airborne pollutants. Additionally, trees sequester carbon and contribute to long-term ecological balance, resource stewardship, and community sustainability. 2. Stormwater Management and Water Quality Protection. Trees and their root systems reduce soil erosion, increase stormwater infiltration, decrease runoff and sedimentation, improve water quality, and enhance the natural functions of streams, floodplains, and related buffers, supporting infrastructure sustainability. 3. Wildlife Habitat and Biodiversity. Trees and understory vegetation provide food, shelter, and movement corridors for wildlife, supporting biodiversity and overall ecosystem health. 4. Preservation of Mature Tree Canopy. Existing mature trees provide the greatest ecological benefits, including shading, habitat value, stormwater absorption, and carbon storage, and therefore warrant priority for preservation during development activities. 5. Scenic Quality and Community Character. Trees soften the visual impact of development, streets, and infrastructure, enhance scenic beauty, and contribute to the unique identity and natural character of the City of Stockbridge. 6. Noise, Glare, and Land Use Compatibility. Trees and landscaping provide effective screening and buffering between dissimilar land uses, reducing noise, glare, wind, and visual impacts, and promoting a healthy, livable environment. 7. Protection of Public and Private Infrastructure. Proper planning, placement, and maintenance of trees minimize conflicts with buildings, utilities, streets, and other infrastructure while maximizing long-term environmental and economic benefits. 8. Temperature Moderation. Tree canopy provides shade and cooling that reduces urban heat, moderates air temperatures, and supports long-term public health by mitigating the impacts of extreme heat and climate variability 9. Economic Value and Property Enhancement. Well-preserved and thoughtfully planted trees enhance property values, support economic activity, and improve the visual character and marketability of real property. B. Purpose 1. The City of Stockbridge City Council hereby finds that the preservation of existing trees is a public purpose that protects the public health, safety, general welfare, and aesthetics of Stockbridge and all its citizens. The purpose of these standards is to facilitate the preservation, planting, and/or replacement of trees and to prevent the indiscriminate removal of trees in the city without denying the reasonable use and enjoyment of real property as a part of land development in the city. 2. These standards establish requirements for tree preservation and protection during land development and construction, prevent unnecessary loss of mature trees through clear‑cutting and mass grading, ensure appropriate replanting when tree removal occurs, and protect trees during public and private construction activities to support the quality of life in the City. 13.2 Applicability A. The terms and provisions of this Chapter shall apply to: 1. All real property in the City of Stockbridge city limits except as otherwise provided in this Chapter. 2. Any residential or non-residential development which requires the issuance of a land disturbance permit, development permit, or building permit, except as otherwise provided in this Chapter. 3. Development on any City-owned property, including property owned by city agencies, boards, and authorities, except as otherwise provided in this Chapter. B. No tree or protected landscape feature shall be removed, damaged, or otherwise impacted except in full compliance with the requirements set forth herein. 13.3 Exemptions A. The following shall be exempt from the provisions of this chapter: 1. The removal of five (5) or fewer trees, other than specimen trees, on any singlefamily residential property, within a single calendar year. 2. The removal of more than (5) trees, other than specimen trees, from an owneroccupied, single-family lot may be approved by the director if the owner must remove trees to build a newly permitted structure, or to build an addition to or make improvements to an existing structure where the tree is a physical detriment to the structure, or to improve the health of other trees in the landscape. 3. Zonings conditioned to a specific site plan prior to adoption of the tree protection ordinance, provided that said zoning contains specific conditions for both tree preservation and tree replacement. 4. The removal of trees found to be diseased, or insect infested by the Henry County extension service, the State forestry commission, a certified arborist, or urban forester. 5. The removal of structurally declining trees as determined by the Henry County extension service, the State forestry commission, an certified arborist, or urban forester. 6. The removal of trees from horticultural properties, such as farms, nurseries, or orchards. This exemption shall not include tree harvesting. 7. The removal of any dead, dying, or hazardous (DDH) tree which has become, or threatens to become, a danger to human life or property. The owner/developer, prior to removal of the DDH tree(s), shall provide a report from a professional arborist to the director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal. However, in the case of immediate danger to life and property the tree may be taken down and an inspection requested to verify the condition of the tree. 8. The removal of trees for agricultural activities on land zoned rural residential. 9. The necessary removal of trees by a utility company within dedicated utility easements provided alternative methods to trenching are used when possible, including boring and tunneling. 10. The removal of trees on public rights-of-way conducted by, on behalf of, or any activity pursuant to work to be dedicated to, a Federal, State, County, municipal or other governmental agency in pursuance of its lawful activities or functions in the construction or improvement of public right-of-way. 13.4 Grandfathered Provisions This Chapter shall not apply to any portion of a property included within the limits of a valid and complete application for a land disturbance permit or preliminary plat approval where said application has proceeded through and completed first round red line review by the community development director or to commercial site plans that have been reviewed and red lined by the community development department and which were received by the director or the director’s designee prior the adoption of the ordinance from which this chapter is derived, provided that all time constraints relating to the permit issued shall be observed. 13.5 Procedures A. Application Requirements. 1. Pre-Application Conference. Prior to submission of an application for development, the applicant is required to meet with the Director or Director’s designee this Chapter as it relates to the applicant's property. The purpose of the pre-application conference is to clarify the provisions and procedures of this Chapter and review applicable standards and guidelines for the submittal of documents and required tree protection, replacement, and maintenance measures. 2. Tree Survey. Except as provided elsewhere in this section, a tree survey must be a to-scale map or site plan prepared and sealed by a registered surveyor, or certified engineer, arborist or landscape architect, and shall be required as part of any application for a land disturbance permit, development permit, building permit or preliminary subdivision plat. The survey shall identify: a. All specimen trees and all trees that are to be preserved and counted toward meeting density requirements and inventoried by size (caliper or DBH, whichever is applicable) and species. Trees larger than two (2) inches (DBH) may be identified and counted for unit credit on; b. All specimen tree critical root zones; c. Trees which are proposed to be removed; d. All tree protection zones and tree save areas; e. All buffer with existing trees; and f. Sampling methods may be used to determine tree densities for forested areas, as approved by the Director. 3. Tree Protection Plan. A tree protection plan shall be submitted with other permit drawings as part of the development permits process. This plan may either be a separate drawing, or part of a landscape plan, and shall include the following information: a. Limits of land disturbance, clearing, grading, and trenching; b. Tree save areas; c. Specimen trees; d. Areas of revegetation; e. Location, species, and size (DBH) of existing significant trees and an indication of which significant trees would remain on the site; f. Tree fences; g. Erosion control fences; h. Tree protection signs; i. Tree wells; j. Aeration systems; k. Transplanting specifications; l. Staking specifications; m. Utility lines existing and proposed. The applicant shall coordinate the location of these utility lines with the utility companies to prevent root damage within the critical root zones of protected trees, and to minimize damage to trees located in protected zones; n. Procedures and schedules for the implementation, installation, and maintenance of tree protection measures; o. Calculations of tree density proposed on site; and p. Other applicable drawings as determined by the Director. B. No development or building permit shall be issued until the tree protection plan has been approved by the Director. C. Issuance of a building or land development permit shall be conditioned on the approved tree protection plan and conformance to the provisions of these regulations. Any permit may be voided if its terms are violated D. Tree Protection Inspection. Following the receipt of a complete application, the Director shall schedule and conduct an inspection of the proposed development site. The applicant or applicant's designee shall be advised as to the date and time of the inspection and given an opportunity to participate. 1. Following the inspection said plans shall be reviewed by the Director for conformance with applicable zoning conditions, this Chapter, and any applicable administrative guidelines, and will either be approved or denied. Reasons for denial shall be noted on the tree protection plan or otherwise Stated in writing. 2. Final Inspection. No Certificate of Occupancy shall be issued by the Director with respect to any permit subject to this section unless and until the Director shall have inspected the site and confirmed that all existing trees to remain are in healthy condition and all replacement trees have been planted in accordance with this section. E. Tree Protection Methods. Methods for tree protection must be shown on the tree protection plan. Acceptable methods of tree protection are as follows: 1. Trees identified to be preserved must have a valid, recognizable method of tree protection (tree save) marking or delineation installed at the critical root zones. 2. No person engaged in the construction of any structure or improvement may encroach on a designated tree-save or critical root zone area with heavy machinery, temporary construction related structures such as trailers or portable toilets, or the storage of heavy building materials. 3. During construction, a tree save area must be designated around any trees that are to remain at the end of construction. This includes, but is not limited to, chain link, orange laminated plastic, wooden post and rail fencing, or other appropriate methods that can identify the noninvasive drip line area. 4. The barrier must be placed beyond the critical root zone and prevent the stockpiling of soil or building materials, dumping cleaning solvents, or parking of vehicles or equipment within the tree save area 5. All tree protection measures shall be installed prior to land disturbance. 13.6 Tree Protection 13.6.1 Tree Removal A. Removal of Specimen Trees. The removal of specimen trees from a site may only be allowed in accordance with this Section. 1. Any tree in fair or better condition which equals or exceeds the following diameter sizes is considered a specimen tree: a. Large hardwoods, i.e. oaks, hickories, tulip poplars, and similar species at least 30 inches DBH. b. Large softwoods, i.e. pines, evergreens, and similar species at least 30 inches DBH. c. Small trees, i.e. dogwoods, redbuds, sourwoods, and similar species at least ten (10) inches DBH. d. A tree which may not meet the size requirements above but which is: i. It is a rare or unusual species or of historical significance. ii. It is specifically used by a builder, developer, or design professional as a focal point in a project or landscape. iii. It is a tree with exceptional aesthetic quality. 2. A tree in fair or better condition should meet the following minimum standards: a. A life expectancy of greater than fifteen (15)15 years. b. A relatively sound and solid trunk with no extensive decay or hollow, and less than ten percent (10%) radial trunk dieback. c. No major insect or pathological problem. 3. The Director may identify and require the preservation of a tree stand if it contains one (1) or more specimen trees and the specimen trees are interlocked with other members of the stand in such a way as to imperil the specimen tree if other members of the stand were to be removed 4. Permit. a. Removal of any specimen tree requires a permit. The permit must include the following information: i. A written explanation as to why the tree cannot be retained on the site. ii. Consideration as to whether features of the proposed development can be relocated or designed in a manner that would allow for the retention of the specimen tree and any economic impacts which may occur as a result of such relocations or designs. b. The application to remove a specimen tree may be issued upon finding one or more of the following conditions are met: i. Evidence that alternative site and building designs have been considered by the applicant but would not result in retention of the specimen tree. ii. Retention of the specimen tree would result in less economic use of the property. iii. The site design results in the removal of the minimum number of specimen trees necessary to accommodate the development. iv. The request to remove a specimen tree or trees is reasonable considering the remaining specimen trees on the site that will be retained. B. Removal of Nonspecimen Trees. The removal of nonspecimen trees from a site may be allowed if: 1. The tree is located in an area where a structure or improvement will be placed. 2. The tree is diseased or structurally unsound. 3. The tree poses an imminent danger. 4. The tree interferes with existing utility service. 5. The tree obstructs visibility at intersections. C. Tree Removal Limitations. Nothing in these regulations shall be construed to allow the removal of any tree or vegetation in a required stream buffer, transitional buffer zone or State buffer zone except buffer improvements as authorized by the Director. 13.6.2 Tree Density Requirements A. All sites must maintain a minimum tree density as indicated below. The density requirement must be met whether or not a site had trees prior to development or land disturbance. 1. Residential Developments: 15 units per acre. Formatted: Font: Bold 2. Nonresidential and Multifamily Developments: 30 units per acre. Formatted: Font: Bold B. The term “tree density unit” is not synonymous with “tree.” C. Only trees planted on private property may be counted towards meeting the tree density requirements. Any trees planting within the public rights-of-way do not count towards and are excluded from the site acreage. D. Tree Density Unit Definition and Value. 1. One Tree Density Unit equals one inch in diameter at breast height of an existing tree preserved, or one caliper inch of a replacement tree planted (1:1 ratio). Adjustments to these values, including bonuses and deductions, shall be applied as by the discretion of the Director. 2. Removal of an existing tree may create deductions. Where removal qualifies for a deduction, the associated deduction shall be applied against the site’s total TDU calculation. 3. These requirements apply regardless of whether a site contained trees prior to development. 4. Minimum tree density requirements may be met through: a. Preservation of existing trees with no impact to their critical root zone. a. b. Planting of new trees to supplement any deficit. E. How to Calculate Tree Density Units. Tree Density Units shall be calculated as follows: 1. Base TDUs. Calculate the base TDU value for all existing trees on the site (1 TDU equals 1 inch DBH) and for all replacement plantings (1 TDU equals 1 caliper inch). 2. Adjustments. Apply authorized multipliers to preserved, planted, or removed trees. 3. Total TDUs Provided. Add all credits for all proposed preservation and replacement and subtract all deductions for all proposed removals. The result is the total TDUs provided on the site. 4. Required TDUs. Multiply the minimum TDU requirement and compare the result to the total TDUs provided to determine compliance. 5. Encroachment and Damage. Unauthorized encroachment, damage, or removal of trees shall be subject to the fines and enforcement measures. F. Table 13.5.2.F, Tree Density Units for Existing Deciduous Trees provides the conversion from diameter to density factor units for existing deciduous trees to remain on site. Table 13.5.2.F – Tree Density for Existing Deciduous Trees Existing Tree DBH (inches) Density Units 2 0.8 3 0.8 4 1.6 5 1.6 6 1.6 7 2.4 8 2.4 9 2.4 10 3.2 11 3.2 12 3.2 13 4.0 14 4.0 15 4.0 16 4.8 17 4.8 18 4.8 19 5.4 20 5.4 21 5.4 22 6.0 23 6.0 24 6.0 25 6.8 26 7.4 27 8.0 26 8.6 29 9.2 30 9.8 31 10.4 32 11.2 33 11.8 34 12.3 35 13.4 36 14.2 37 15.0 38 15.8 39 16.6 40 17.4 41 18.4 42 19.2 43 20.2 44 21.2 45 22.0 46 23.0 47 24.0 48 25.2 49 26.2 50 27.2 G. Table 13.5.2.G, Tree Density Units for Evergreens and Conifers provides the conversion from diameter to density factor units for evergreens and conifers to remain on site. Table 13.5.2.G – Tree Density Units for Evergreen and Conifers Existing Tree DBH (inches) Density Units 2 0.6 3 0.6 4 1.4 5 1.4 6 1.4 7 2.2 8 2.2 9 2.2 10 3.1 11 3.1 12 3.1 13 3.9 14 3.9 15 3.9 16 and above Same as deciduous trees found in Table 13.6.F H. Required Front Yard Trees. 1. Properties zoned RR, NR and SR shall provide a minimum of two (2) overstory trees, each not less than two (2) inches caliper, within the required front yard. 2. Properties zoned CCR and MFR shall provide a minimum of one (1) overstory tree, not less than two (2) inches caliper, within the required front yard. 3. Required front yard trees may be existing preserved trees or newly planted replacement trees, provided they satisfy applicable size and species requirements. 4. Existing Credit. Existing preserved overstory trees located within the required front yard may satisfy front yard tree requirements where such trees meet minimum size and species standards. 13.6.3 Mitigation Measures A. General. It shall be the policy of the City to maximize the preservation and maintenance of existing trees and where necessary the planting of replacement trees. An approved Tree Protection and Replacement Plan must be included as a condition for issuance of a Land Disturbance Permit. The City shall have the authority to reject and/or approve appropriate measures (including a combination of measures) based on the requirements of this Chapter and the particular circumstances of each project. It shall also be the policy of the City to provide guidelines for new tree plantings in those instances where no trees currently exist. B. Preservation and Protection of Existing Trees. 1. The required Site Density Factor shall first be met with existing trees when possible. When a choice is available as to which existing trees to save, specimen trees, even isolated individual trees, shall be given preference over other trees. 2. If significant trees exist on a tract of land for which a permit subject to this section is sought, either one 120 inches (DBH) per acre or 25% of existing significant trees per acre of such significant trees, whichever is less, shall be preserved on the site. Trees and tree save areas counting toward this requirement on sites zoned OI, C-1, C-2, LI, or HI may be located in stream buffers, State buffer zones, transitional buffer zones, or designated floodplains. 3. Understory Vegetation. Tree preservation areas shall leave intact the naturally occurring groundcover and understory vegetation except where directed otherwise by the Director in order to allow the removal of undesirable groundcover or understory vegetation. C. Planting of New Trees. 1. Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability. 2. If the required Site Density Factor cannot be accomplished with existing trees, replacement trees shall be planted as required by this Chapter. 3. If the Director determines that special constraints of a site result in an inability to build or develop without removing significant trees on a site, where there are 120 inches (DBH) per acre or less of existing significant trees, the Director may permit the removal of one (1) or more significant trees. Trees removed pursuant Formatted: Font: Bold to this section must be replaced with trees totaling one (1) times the diameter inches of those inches removed. 4. There shall be at least two (2) two-inch (DBH) overstory trees in every front yard of properties zoned RR, NR, and SR. 5. There shall be at least one (1) two-inch (DBH) overstory tree in every front yard of properties zoned CCR and MFR. 6. Required trees may be located on individual lots or in subdivisions in which there is commonly owned property may be located on such commonly owned property. D. Protection of Trees During Construction. 1. Trees identified to be preserved and counted as credit for meeting required unit density shall have four (4) foot tall orange tree protection fencing installed six (6) feet beyond the perimeter of the critical root zones. 2. No person engaged in the construction of any structure(s) or improvement(s) or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six (6) feet of the area outside the critical root zone as defined herein, or any existing significant tree within a tree save area, transitional buffer zone, stream buffer, or State buffer zone. 3. All tree protection devices must remain in functioning condition until completion of the project or until the Certificate of Occupancy is issued. 4. Any tree, designated in the plan to be saved, which is negligently damaged during construction or as a result of negligent construction, as determined by the Director, shall be treated according to accepted National Arborists Association standards. a. If fatally damaged (50% of critical root zone disturbance or structural damage confirmed by an arborist, trees shall be replaced with four (4) inch caliper trees equal to the unit value of the tree removed. b. However, any specimen tree negligently damaged as described above shall be replaced with four (4) inch caliper trees equal to one and onehalf (1.5) times the equivalent inches (DBH) of the tree removed or damaged. c. Replacement of failed replacement trees must occur within 30 days or the next planting season if failure occurs outside planting windows. E. Damage or Disturbance to Trees. 1. General Prohibition. No person shall cause or permit the damage, destruction, or disturbance of any tree regulated except as authorized or exempted under this chapter at any time, including but not limited to: a. Grading, trenching, or excavation within the critical root zone; b. Soil compaction, alteration of grade, or placement of impervious surfaces within a critical root zone; c. Storage of materials, equipment, or debris within the critical root zone; d. Damage caused by vehicles, machinery, or improper pruning; e. Failure to maintain tree protection fencing or required measures during construction; or f. Removal or death of a tree due to neglect of required protection or maintenance measures. 2. Verification and Determination of Damage. If encroachment or other activity results in the decline, irreversible damage, or death of a tree, as verified by a certified arborist, the tree shall be deemed removed and subject to the replacement provisions of this Chapter. 3. Plan Revision and Replacement. The approved Tree Survey and/or Replacement Plan shall be revised to reflect the loss, with replacement trees and/or additional tree density units (TDUs) required to fully compensate for the damage. The revised plan shall be approved by the Director prior to the continuation of site work. 4. Continued Enforcement. Revisions to the Tree Survey and/or Replacement Plan shall not preclude enforcement action. The developer, property owner, or responsible party shall remain liable for all penalties, restoration, and replanting obligations resulting from the violation. F. Removal of Trees from Floodplain. 1. Trees shall not be cut or removed from the floodplain, except as follows: a. Those trees found to be diseased or insect infested by the county extension service, the Georgia Forestry Commission, a certified arborist, or a certified forester. The owner/developer, prior to removal of the diseased or infested tree(s), shall provide a report from a professional arborist to the Director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal. b. As necessary for construction, repair or maintenance of public roads, utilities or stormwater management facilities. c. As part of an approved wetland mitigation plan. G. Protection of Understory Vegetation 1. Tree save areas and tree protection areas shall preserve naturally occurring understory vegetation and groundcover to the maximum extent practicable. 2. Naturally occurring understory vegetation within tree preservation areas shall remain intact except where removal is approved by the Director for: a. Removal of invasive species; b. Removal of hazardous or diseased vegetation; c. Selective removal necessary to promote tree health or survivability; or d. Approved restoration, utility, access, or maintenance activity. 3. Disturbance of understory vegetation within tree save areas shall be minimized to preserve soil stability, root protection, and ecological function. 13.6.4 Tree Replacement Standards A. Table 13.6.4, Tree Density Unit Values for Replacement Deciduous Trees provides the conversion from diameter to density factor units for deciduous replacement trees. Table 13.6.4 – Tree Density Unit Values for Replacement Deciduous Trees Caliper of Replacement Tree (inches) Density Units 2 0.4 3 0.5 4 0.7 5 0.8 6 1.0 7 1.1 8 1.2 9 1.3 10 1.5 11 1.6 12 inches or greater 2.0 B. Seven (7) gallon container-grown pine trees are given replacement value of 0.05 density units. The Director may approve one (1) gallon or three (3) gallon pines. There will be no replacement value given for such trees. C. At least 50% of replacement trees must be overstory trees. D. No more than 25% of replacement trees may be of any single species E. No more than 25% of replacement trees may be evergreen species. F. Any trees eight (8) inches (DBH) and over which have been removed in violation of this Chapter shall be replaced by the violator with four (4) inch caliper replacement trees equal to the unit value of the trees removed. G. Any specimen tree removed from a parcel shall be replaced by one and one-half (1.5) times the equivalent inches (DBH) of replacement trees or existing trees using species with potentials for comparable size and quality at maturity. H. Tree Relocation and Tree Credit. 1. Tree relocation and credit for existing trees replacement units will be granted to trees relocated on site, subject to approval of the Director. Existing trees between two (2) caliper inches and seven and nine-tenths (7.9) caliper inches may be used for credit on the tree replacement plan. 2. Trees used for credit on the tree replacement plan must be chosen from the Table 13.65.5, Recommended Tree List. I. Unless otherwise approved by the Director, trees selected for replanting must meet the minimum standards as provided in the American Standard for Nursery Stock (ANSI Z60.1, 1980) and must be included in Table 13.65.5, Recommended Tree List. J. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Planting Manual or a similar publication. K. It is desirable that replanted trees be ecologically compatible with the site and neighboring sites. When practical, the replanted trees shall be of the same or similar species as those removed. L. Replacement trees shall be planted in manner that provides adequate space for nourishment, light, and maturation as recommended by the Director. 13.6.5 Recommended Tree Species A. Table 13.6.5, Recommended Tree List represents the recommended trees to be utilized when the planting or replanting of trees is required by this UDC. Table 13.6.5 – Recommended Tree List Overstory Tree Species Scientific Name Common Name Recommended Leaf Habit Acer rubrum Red Maple October Glory, Red Deciduous Sunset Acer saccharum Sugar Maple Betula nigra Riverbirch Duraheat Deciduous Carya aquatica Water Hickory Availability Deciduous Carya cordiformis Bittemut Hickory Availability Deciduous Carya glabra Pignut Hickory Availability Deciduous Deciduous Carya illinoensis Pecan Deciduous Carya tomentosa Mockernut Hickory Celtis occidentalis Hackberry Deciduous Diospyros virginiana American Persimmon Deciduous Fagus grandifolia American Beech Deciduous Fraxinus pennsylvanica Green Ash Deciduous Fraxinus tomentosa Pumpkin Ash Deciduous Gleditsia triacanthos Honeylocust (seedless) Deciduous Ilex opaca American Holly Evergreen Juglans nigra Black Walnut Deciduous Juniperus virginiana Red Cedar Brodie Liquidambar styraciflua Sweetgum Limited Use— Deciduous Rotundiloba (Avail.) Liriodendron tulipifera Tulip Poplar Limited Use Magnolia acuminata Cucumbertree Magnolia grandiflora Southern Magnolia Bracken's Brown Evergreen Beauty, Greenback Magnolia virginiana Sweetbay Magnolia Deciduous Nyssa sylvatica Black Gum Deciduous Nyssa ogeeche Swamp Tupelo Deciduous Pinus echinata Shortleaf Pine Evergreen Pinus strobus Eastern White Pine Evergreen Pinus taeda Loblolly Pine Evergreen Platanus occidentalis Sycamore Deciduous Populus deltoides Eastern Cottonwood Deciduous Quercus alba White Oak Deciduous Availability Deciduous Evergreen Deciduous Deciduous Quercus coccinea Scarlet Oak Deciduous Quercus falcata Southern Red Oak Deciduous Quercus georgiana Georgia Oak Deciduous Quercus hemisphaerica Laurel Oak Evergreen Quercus lyrata Overcup Oak Deciduous Quercus laurifolia Laurel Oak Deciduous Quercus michauxii Swamp Chestnut Oak Deciduous Quercus muehlenbergii Chinkapin Oak Deciduous Quercus nigra Water Oak Deciduous Quercus nuttalli Nuttall Oak Deciduous Quercus palustris Pin Oak Deciduous Quercus phellos Willow Oak Deciduous Quercus prinus Chestnut Oak Quercus rubra Northern Red Oak Deciduous Quercus shumardii Shumard Red Oak Deciduous Quercus stellata Post Oak Deciduous Quercus velutina Black Oak Deciduous Salix spp. Willow Deciduous Taxoduim distichum Bald Cypress Tilia americana American Basswood (Linden) Deciduous Ulmus alata Winged Elm Deciduous Availability Shawnee Brave Deciduous Deciduous Understory and Other Small Tree Species Scientific Name Common Name Recommended Leaf Habit Acer barbatum Florida Maple Deciduous Acer leucoderme Chalk Maple Deciduous Acer saccharum Sugar Maple Deciduous Aesculus pavia Red Buckeye Deciduous Alnus serrulata Alder Deciduous Amelanchier grandiflora x Serviceberry Princess Diana, Deciduous Autumn Brilliance Aralia spinosa Devils Walking Stick Deciduous Asimina triloba Pawpaw Deciduous Betula nigra River Birch Carpinus caroliniana American Hornbeam Deciduous Castanea pumila Chinkapin Deciduous Celtis tenulfolia Georgia Hackberry Deciduous Celtis laevigata Sugarberry Deciduous Cercis canadensis Eastern Redbud Deciduous Cercis reniformis Redbud Chioanthus virginicus White Fringetree Deciduous Cladrastis kentukea Yellowwood Deciduous Cornus spp. Dogwood Florida and crosses Cornus florida Flowering Dogwood Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Deciduous Crataegus aestivalis Mayhaw Deciduous Crataegus spp. Hawthorn Crataegus phaenopyrum Washington Hawthorn Deciduous Diospyros virginiana Persimmon Deciduous Halesia carolina Silverbell Deciduous Halesia diptera Two Silverbell Little King Deciduous Oklahoma Kousa Deciduous Filbert Deciduous Thornless cultivars Winged Deciduous Deciduous Deciduous Hamamelis virginiana Witch-hazel Ilex spp. Holly Ilex decidua Possumhaw Juniperus virginiana Red Cedar Deciduous Burford, Carolina #2, Evergreen Foster, Neillie R. Stevens, Savannah, Yaupon Deciduous Lagerstromia indica x Crape Myrtle faurieri Tree form cultivars Deciduous disease resistant and hardy, e.g., Choctaw, Natchez Magnolia grandiflora Southern Magnolia Alta, Bracken's Brown Evergreen Beauty, Greenback, Claudia Wannamaker Magnolia x loebneri Loebner Magnolia Merrill Magnolia macrophylla Bigleaf Magnolia Deciduous Magnolia soulangiana Saucer Magnolia Deciduous Magnolia stellata Star Magnolia Magnolia tripetala Umbrella Magnolia Deciduous Magnolia virginiana Sweetbay Magnolia Evergreen Myrica cerifera Waxmyrtle Evergreen Osmanthus americanus Devilwood Evergreen Ostrya virginiana Eastern Hophombeam Deciduous Oxydendrum arboreurn. Sourwood Deciduous Pinus Virginiana Virginia Pine Pistacia chinesis Chinese Pistache Prunus angustifolia Deciduous Star Man Slopes, Screen Evergreen Deciduous Chickasaw Plum Deciduous Rhamnus caroliniana Carolina Buckthorn Deciduous Rhus glabra Staghorn Sumac Deciduous Salix sericea Silky Willow Deciduous Sassafras albidurn Sassafras Deciduous Styrax americana Snowbell Deciduous Ulmus alata Winged Elm Deciduous Vaccinium arboreurn Sparkleberry Evergreen Trees for Under Powerlines Scientific Name Common Name Recommended Aesculus pavia Red Buckeye Alnus serrulata Alder Cercis candensis Redbud Chionanthus virginicus White Fringetree Cornus spp. Dogwood Florida and Kousa crosses Cornus florida Flowering Dogwood Disease resistant varieties, Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Crataegus phaenopyrum Washington Hawthorn Ilex spp. Holly Magnolia soulangiana Saucer Magnolia Myrica cerifera Waxmyrtle Oxydendrum arboreum Sourwood Prunus angustifolia Chickasaw Plum Filbert Nellie R. Stevens, tree form Burford, Yaupon 13.6.6 Invasive Species A. General. For purposes of this section, an invasive species shall include any plant species identified as invasive or prohibited by one or more of the following authorities, as amended from time to time: 1. The Georgia Exotic Pest Plant Council (GEPPC); 2. The Georgia Forestry Commission; or 3. Any additional authoritative source approved by the Director B. No person, property owner, developer, contractor, or agent shall plant, install, replant, or cause to be planted any tree, shrub, vine, groundcover, or other vegetation identified as an invasive species in connection with any development activity, landscaping installation, buffer planting, tree replacement, mitigation plan, or maintenance obligation required or regulated by this Chapter. C. Administrative Invasive Plant Species. The Director is hereby authorized to maintain and periodically update an administrative list of invasive plant species prohibited from planting within the City of Stockbridge. The administrative list shall be used for review and enforcement purposes and shall not require formal amendment of this Chapter. D. Removal and Maintenance of Invasive Species. 1. Invasive Species Removal. Where invasive species are identified within required tree save areas, buffers, landscape areas, or mitigation plantings, the Director may require their removal and replacement with approved non-invasive species consistent with the intent of this Chapter. 2. Replacement Requirements. Removal of invasive species shall not generate tree density credit or replacement credit unless otherwise approved by the Director. Replacement plantings shall comply with all applicable tree preservation, replacement, and landscape standards of this chapter. E. Enforcement and Violations. 1. Violation: Planting or allowing the planting of prohibited invasive species in violation of this section shall constitute a violation of this chapter. 2. Corrective Action: In addition to any penalties, the Director may require corrective action, including removal and replacement of prohibited plant species at the expense of the responsible party. 13.7 Buffer Requirements 13.7.1 Buffer Standards A. Buffers shall meet the minimum width requirements contained in the zoning ordinance, except as authorized to be reduced by the applicable buffer reduction process, as follows: B. As specified in Table 13.74.6.3.A, Buffer Widths the "Buffer Area Standards Table;" C. As specified in a residential zoning district for a permitted nonresidential use (e.g. a church, temple, synagogue, etc.); or D. As required by a condition of zoning, special use, or variance approval. 13.7.2 Buffer Installation Requirements A. Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of zoning, special use or variance approval, or as authorized herein, and shall contain the existing tree cover and vegetation as well as any supplemental plantings or replantings as may be required. B. Minimum required screening shall consist of an opaque visual screen to a height of six (6) feet, or any combination of existing and replanted vegetation which can reasonably be expected to create an opaque visual screen six (6) feet high within two (2) growing seasons. C. In situations where the required buffer width is partially or completely contained within an existing easement (e.g. power or natural gas transmission, trail easement, etc.), the screening requirements of this unified development codeUDC shall be met outside of the easement area, to ensure a continuous buffer. D. Location. 1. Buffers shall be measured from the property line. 2. Buffers shall be located on the outer perimeter of a lot or parcel, parallel to the lot or parcel boundary line and must be provided along the entire site or lot immediately abutting the property line. 3. Buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required by the Director in order to observe the sight distance requirements contained in the development regulations, or as authorized by a condition of zoning, special use, or variance approval. 4. Breaks for pedestrian, bicycle, and vehicle access are allowed, as approved by the Director. Driveways or walkways must cross a buffer at as near a perpendicular angle as practical. 5. The parking of vehicles and the placement of buildings or structures, except as provided below, is not allowed in a required buffer. Figure 13.7.2.D - Buffer Location Standards E. Plantings. 1. Buffer plantings shall be designed taking into consideration existing conditions, including, but not limited to, soils, topography, streams, and existing vegetation. Native vegetation shall be used for landscaping and buffering unless the applicant demonstrates that the use of non-native, drought-resistant plants would best serve the site and advance the objectives of this Section. 2. Supplemental Plantings. Buffers in which vegetation is non-existent or is inadequate to meet the screening requirements of this Section shall be planted with supplemental plantings so as to provide a year-round visual screen. Such screen shall include: a. Two (2) canopy trees for each 50 feet of buffer length. Canopy trees shall be two-and-a-half (2.5) inch caliper; b. Two (2) understory trees for each 50 feet of buffer length. Understory trees shall be two (2) inch caliper; c. Fifteen (15) screening shrubs with a minimum install height of four (4) feet. d. New deciduous trees shall have a caliper of no less than two (2) inches upon planting, and new evergreens shall be at least six (6) feet tall when planted. F. Non-Vegetative Screening. 1. Non-vegetative materials utilized in addition to the use of existing vegetation and/or supplemental plantings, may consist of walls, fences, earthen berms or any combination thereof. 2. While non-vegetative screening materials may be utilized in addition to natural, enhanced or planted buffers, they are not a replacement of, nor exemption from the requirement to plant buffers. 3. If walls or fences are to be utilized, their placement and installation shall be such to cause minimal disturbance of existing vegetation and located so as to provide an effective visual screen. 4. Fences used in buffers must be made of rot-resistant material or protected from deterioration with waterproofing material. G. Maintenance. Buffers shall be maintained, in perpetuity, by the property owner. 13.7.3 Buffer Widths A. Minimum Width. Buffer widths shall comply Table 134.76.3.A, Buffer Widths, required along the property lines, where applicable. Table 13.7.3.A – Buffer Widths Proposed Development Type Adjacent Zoning RR, NR, SR CCR, MHR MFR, Nonresidential Mixed-Use (C1, C2, OI, LI, and (DT, MUS, MU, HI) PUD Single-Family 25 FT Attached (Townhomes, TwoFamily) and MultiFamily 0 FT 50 FT 0 FT Business/Commercial, 50 FT Public Institutional, or Mixed-Use 50 FT 0 FT 0 FT Industrial 100 FT 0 FT 0 FT 100 FT Figure 13.7.3 - Buffer Width Standards 13.7.4 Disturbance or Encroachments A. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance facilities, similar facilities, and any associated easements, shall not encroach into a buffer except for necessary access and utility crossings (e.g. stormwater or sanitary sewer pipes) may encroach into the buffer as near to perpendicular as practical. B. Land disturbance is authorized in areas of a buffer that are devoid of significant existing vegetation provided that the final grade and replanting of vegetation meet the requirements contained herein. C. Dead, dying, diseased, hazardous, or invasive vegetation may be removed from a buffer provided minimal disturbance occurs. Vegetation removed shall be replaced where necessary to meet the buffer requirements contained herein. A landscape architect and/or certified arborist shall identify dead, dying, diseased, hazardous, or invasive vegetation for removal. C.D. Trail installation or connections required per Section 16.7, Trail Construction Standards are authorized to encroach within the buffer. All clearing associated with the construction of such path shall be contained within the required width of the path. 13.7.5 Protection During Land Disturbing Activities A. During authorized land disturbing activities, buffers shall be clearly demarcated and protected prior to commencement of, and during, construction. Limits of disturbance shall be located a minimum of ten (10) feet from the edge of the buffer. B. The method of demarcation and protection shall at a minimum be a continuous single row of four (4) foot tall orange vinyl (or other high visibility color) tree protection fence or shall be protected as required by the Community Development Department. 13.8 Landscape Requirements 13.8.1 Applicability A. Compliance Required. Compliance with this Section shall be required in the following development circumstances: 1. Subdivision, construction, or reconstruction of all residential and nonresidential developments, except as exempted herein. 2. Expansion or alteration of the gross floor area of an existing multi-family dwelling, mixed-use, or nonresidential building by 50 percent or more. B. Compliance Exemptions. Compliance with this Section shall not be required in the following circumstances: 1. Individual lot, single-family development. 2. Duplexes; and 3. Accessory uses, structures, or temporary uses. 13.8.2 General Requirements A. Strategically locate deciduous trees and plants to provide shade and windbreaks to reduce building energy use. B. Coniferous plant material clusters should be sensitively located to create strong visual impact while not impeding views (both into the site and out to the surrounding landscape) or negatively impacting circulation of vehicles. C. Landscape design must consider climate, urban and natural context, and local character. The effects of solar access and shade on roads and sidewalks should be considered when locating landscape materials. D. Reduce water consumption by using xeric plants appropriate to the climate and location. E. Install plant material by hydro-zones based on water requirements. 13.8.3 Maintenance Requirements A. All landscaped areas shall be maintained to ensure that plant materials remain healthy. Any diseased or dead plant materials shall be replaced as soon as reasonably possible based on the growing season, but no later than six (6) months following identification of the need for replacement. B. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, to maintain visual clearance for public safety, and to ensure that landscape and buffer areas serve the intended purpose. C. Provide efficient irrigation systems for all plant materials. Wherever possible, employ the use of flow sensors and weather sensing elements such as rain sensors to ensure that water is not wasted. 13.8.4 Street Trees A. Street trees shall be provided by the developer in non-residential zoning districts under the following conditions: 1. In Overlay Districts listed in Chapter 2, Zoning and Overlay Districts. 2. In zoning districts MUS, MU, and DT. 3. As a condition of zoning. B. Regulations. When street trees are required in non-residential and mixed-use zoning districts the following regulations shall apply: 1. Street trees shall be located along the property frontage, either inside or outside of the public right-of-way, in no case closer than 11 feet to the edge of pavement or back of curb. When the street trees are proposed inside the right-of-way, they shall be located outside of the clear zone per the current edition of the AASHTO Roadside Design Guide subject to Department of Transportation approval. 2. One tree per 50 linear feet of property frontage shall be provided. 3. Street trees shall be selected from Table 4.7.413.8.4.C, Street Trees and shall be two-and-a-half (2.5) inch caliper and six (6) feet in height at the time of planting. 4. Street trees shall be spaced as evenly as possible along the property frontage to create a unified and repetitive tree canopy at maturity with consideration given to lighting, underground utility placement, and utility easements. 5. No more than twenty-five (25)25 (or twenty-five percent (25%)25% of the total number, whichever is greater) of the trees installed may be of any one (1) genus. 6. No more than twenty-five percent (25%)25% of the street trees used in a single development shall be of the small tree species in Table 4.7.413.8.4.C, Street Trees, unless limited by roadway classification or posted speed limit that affect tree placement. 7. No street tree or streetlight standard shall be placed within ten (10) feet of another tree, streetlight standard, utility pole or within five (5) feet of a fire hydrant. C. Appropriate Tree Species. Trees selected for planting or replanting shall be a native species per the Georgia Forestry Commission list of native Georgia trees, or selected from the approved tree list, Table 13.8.4.C Street Trees. Table 13.8.4.C – Street Trees Large Trees Small Trees Nuttall Oak Crepe Myrtle Shumard Oak Saucer Magnolia (variety: Butterflies) Willow Oak Chinese Fringe Tree Gingko (variety: President, Autumn Gold, Golden Rain Tree male gender) Princeton Elm Texas Redbud (Cercis reniformis) Chinese Elm (varieties: Allee, Athena, Kousa Dogwood Drake, Bosque) Bald Cypress (variety: Shawnee Brave) Washington Hawthorn ‘Princeton Sentry’ Zelkova (variety: Green Vase or Village Zelkova (variety: Wires) Green) Northern Red Oak Red Leaf Maple 13.8.5 Landscape Strips A. Applicability: All surface parking areas (of any size) abutting a public street (not including an alley) must be screened using one of the following options. B. Landscape Strip Requirements: A minimum ten (10) foot wide landscape strip planted with a minimum of ten (10) shrubs per 35 linear feet of street frontage, excluding driveway openings. Shrubs shall be provided to screen paved areas and parking lots from the right-of-way. Figure 13.8.5 - Landscape Strip Requirements C. Plant Material. Shrubs shall be at least two (2) feet tall at the time of planting. They must be planted two (2) rows deep and provide a screen within three (3) years of planting. 13.8.6 Landscape Standards for Nonresidential Development A. Applicability. The provisions of this Section apply to all street frontage of nonresidential and mixed-use development sites. B. Disturbance. 1. Required landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall not be disturbed by grading, property improvements or construction activities, except where necessary to prevent a nuisance, or to maintain natural plant growth, or to remove diseased, misshapen, or dangerous and decayed trees. C. Landscaping Requirements. 1. All landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall utilize existing natural vegetation in an undisturbed state provided that the existing vegetation is appropriate for inclusion. 2. A minimum of 12% of the total buildable area in any parcel shall be devoted to landscaping. 3. A minimum of 50% of the landscaping area 4. Plantings and Other Required Elements. Where existing vegetation is insufficient, the following trees and shrubs shall be provided as indicated in Table 13.8.6.C, Nonresidential Landscaping Requirements. Table 13.8.6.C – Nonresidential Landscaping Requirements Location Number of Plants Front Yard 1 per 40 linear feet of yard length Side Yard 1 per 25 linear feet of yard length Rear 1 per 25 linear feet of yard length 13.8.7 Parking Lot Landscaping A. Applicability. Parking lot landscaping is required on all on-site surface parking lots with more than 20 spaces created after the effective date of this UDC. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area. B. Perimeter Landscaping. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened by a landscape strip as specified in Section 13.8.5, Landscape Strips. Perimeter screening that is not next to a public street must be a minimum of 5 feet in width with a single hedgerow. C. Interior Landscaping. 1. A landscaped interior island must be provided every 12 parking spaces. 2. An interior island must be a minimum of ten (10) feet in width and 300 square feet in area. Each island must include two (2) shade trees. 3. All required shade trees must be chosen from the approved tree list. 4. All required shade trees must be a minimum caliper of two (2) inches and be at least six (6) feet tall at the time of planting. 5. Trees should be placed within interior islands to maximize shading of the pavement. 6. Vehicle stops or curbing shall be used to ensure that vehicles do not overhang required landscaped areas. D. Tree Canopy. 1. In addition to the internal landscaping requirements, a minimum tree canopy cover shall be provided for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. Formatted: Font: 10 pt Commented [DS78]: Should there be an overall site tree canopy requirement? Typically tree density and other landscaping requirements will maintain a certain amount of trees/tree canopy Formatted: Font: Not Bold Formatted: Font: Not Bold 2. Post-Construction Canopy. Post-construction canopy shall be based on proposed canopy cover consisting of both preserved and newly planted trees. Polygon mapping shall be used to delineate canopy groupings. Canopy projections for new plantings shall be based on the species-specific canopy spread data provided in the Appendix. 3. Minimum Required Canopy Cover. At least 50% of paved parking lot area shall be shaded by tree canopy at maturity, as calculated under this section. 4. Plan Requirements. Landscape and site plans shall clearly identify all postconstruction canopy areas and provide supporting calculations demonstrating compliance with the minimum canopy requirement. 6. 13.9 Timber Harvesting A. Timber harvesting may be permitted upon authorization by the Director. B. Permits. Permits authorizing tree harvesting shall be in accordance with the following standards: 1. A 75 foot wide undisturbed buffer shall be provided and maintained along the entire perimeter of the property, including road frontages, during the land disturbing activity, except for authorized access crossings. 2. Notwithstanding the other provisions of this section, no property owner shall be required to preserve an undisturbed buffer that covers more than 25% of the total land area of the property, excluding area inside the 100 year100-year floodplain. In any such case, an alternative buffer width shall be provided, as determined by the Director pursuant to its review of the application for a permit. 3. The property shall be required to meet a tree density standard of 30 units per acre, not including the 75 foot buffer, upon completion of authorized land disturbing activities. 4. The owner/applicant shall utilize the recommended best management practices as established by the Georgia Forestry Commission. 5. Land that has been designated silviculture may be developed after a period of 5 years from harvesting, provided that a development plan has been prepared and approved by the Director prior to any clearing, grading, or other land disturbance. 13.10 Sureties A. Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this tree protection ordinance, and following acceptance by the Community Development Department in accordance with the issuance of a land disturbance permit, development permit, or building permit, the owner shall either provide proof of warranty or post a maintenance bond or other acceptable surety in accordance with Article 18, Sureties and GuaranteesGuarantees and Sureties, warranting the new trees, shrubs or landscape material for a period of no less than two (2) years. B. Compliance Prior to Certificate of Occupancy or Final Plat Approval. In the event that new trees proposed to be planted to achieve the tree density standard as set forth and contained herein, or other trees or landscape material required to be planted as set forth in this UDC, are not installed upon application for a Certificate of Occupancy or final plat approval as appropriate to the project, then a performance bond or other acceptable surety in accordance with Article 18, Sureties and GuaranteesGuarantees and Sureties shall be posted with the City. C. Compliance Upon Permit Completion or Expiration. Properties where a permit is issued to conduct land disturbing activities that do not require the issuance of a Certificate of Occupancy or the approval of a final plat, or said activities as authorized are completed or the permit expires, shall comply with the tree density standard of this section as follows: 1. Clearing, Clearing and Grubbing, or Grading Only Permits. Replacement trees proposed to be planted to achieve the tree density standard of this Chapter which is not planted upon completion or prior to expiration of a clearing, clearing and grubbing, or grading permit, shall be planted within 30 days of the completion or expiration of said permit unless a performance bond is posted with the City. 2. Development Permits. Replacement trees proposed to be planted to achieve the tree density standard of this section which is not planted upon completion or prior to expiration of a land disturbance permit, development permit, or building permit, shall be planted within 30 days of the completion or expiration of said permit unless a performance bond is posted with the City. 13.11 Inspection A. The Community Development Department shall perform an inspection of the plantings and landscape materials required by this Code prior to expiration of the one (1) year warranty or maintenance period. The owner shall be notified of any replacements or restoration that must be made to maintain compliance with this Code or conditions of zoning, special use or variance approval. B. Required landscape material found to be dead or near death shall be replaced prior to release by the community development department of the warranty of maintenance surety. In no case shall replacement be delayed greater than thirty (30)30 days from notification unless a performance bond is posted with the City. 13.12 Continuing Maintenance A. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffers and landscape plantings required by this Chapter. B. The City is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced. C. Buffers that, over a period of time, lose their screening ability shall be replanted to meet the requirements of this Chapter. D. Replacement trees and landscaping shall be in accordance with the applicable provisions of this Chapter. CHAPTER 14: SUBDIVISIONS 14.1 Subdivision Plat Process Applicability These regulations shall govern the subdivision of all land within the incorporated area of the city. A. Any owner of land within such jurisdiction wishing to subdivide land shall submit to the Community Development Department a plat of the subdivision which shall conform to all requirements set forth in these regulations. B. No plat of a subdivision lying within such territory or part thereof, shall be recorded in the Office of the Clerk of the Superior Court of Henry County and no subdivider shall proceed with the improvement of lots in a subdivision until such subdivision plat shall have been approved by the Community Development Director. C. The recording of a plat shall be based on an approved plat and shall not be recorded solely on the basis of a metes and bounds description. 14.2 Plat Procedures A. Applicability. This chapter is applicable to all subdivisions of land involving any: 1. Street dedication; 2. Public infrastructure; 3. Utility extensions; 4. Platted open space or common areas that are not part of an individually owned lot; or 5. All other subdivisions not exempt pursuant to Section 14.6, Exemptions from Preliminary Plat Procedures. B. Effect of Approval. The preliminary plat does not constitute nor provide assurance of approval of the final plat or building or development permits but is to be used as the development design for the subdivision and for the acquisition of a development permit as provided in this Code. C. Improvements prior to Final Plat. No final plat shall be approved unless and until the subdivider has installed all improvements required by this Code, or appropriate sureties have been secured. 14.3 Review and Approval Authority A. The Community Development Department, the Public Works Department, the City Engineer, and the Fire Marshal shall have the authority to review and approve a subdivision plat required by this chapter, consistent with these provisions. B. Neither the Director, the City Engineer, nor the Fire Marshal shall have the authority to waive any requirement of this Code in the review of a subdivision plat. C. Revisions. The procedure for the review of proposed amendments or revisions to previously approved subdivision plat shall follow the process for the initial approval of subdivision plat as outlined below. 14.4 Pre-Application Meeting A. Prior to the preparation of the subdivision plat, the subdivider shall prepare sketch plans and general subdivision proposals. The subdivider or their agent shall then engage in a pre-application meeting with the director regarding the suitability of the plans. B. The purpose of a pre-application meeting is to acquaint the subdivider with plans and policies that might be significant to their proposed development and furnish City staff with preliminary information regarding said development. C. Upon receiving favorable consideration, the subdivider may then proceed to prepare the preliminary plat for submission to the Community Development Department. 14.5 Preliminary Plat Requirements A. Application. Following successful pre-application meeting, the subdivider shall cause to be prepared a preliminary plat, together with other supplementary material as deemed necessary by the Director. B. Preliminary Plat Contents. 1. The preliminary plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to practice in Georgia, affixing the respective seal, signed, and dated. The plat be drawn at a scale no smaller than one hundred (100)100 hundreed feet to an inch and shall show all existing conditions required below and all proposals, including the following: a. Any conditions of approval formally set upon the property by the Mayor and City Council; b. Proposed name of subdivision; c. Name and address of owner of record, and the subdivider (if not the owner); d. Name, address and telephone number of the professional who prepared the plat; e. Date of survey, date of plat drawing, north point and graphic scale; f. Location (land district and land lot), and acreage; g. Quantity of proposed parcels and typical lot sizes; h. A vicinity map depicting streets and highways, land lot lines, railroads and other significant features, within one (1) mile of the proposed subdivision, drawn at a scale sufficient to show the information required; i. Exact boundary lines of the assemblage, giving lengths, bearings, and present zoning designation(s); j. Adjoining property owner names, subdivision names, and zoning; k. Unit divisions or phase of development, if any, proposed by the subdivider; l. Contour lines based on sea level datum and drawn at intervals not greater than two (2) feet. The source of the topographic contours shown shall be specified; m. Natural features within the proposed subdivision, including drainage channels, bodies of water and other significant features. On all watercourses the direction of flow shall be indicated; n. The 100-year floodplain, if any, must be delineated; o. All required stream buffers and setbacks on the property; p. Cultural features existing within the proposed subdivision, including street names, rights-of-way and pavement widths; easements; bridges; culverts; utility lines and structures; buildings; city and county lines; land lot lines; and such other significant information; q. Proposed subdivision layout, including: Street names, central angles of street intersections, approximate street grades, street surface widths; lot lines with dimensions, lot number, block letters; building setback lines with dimensions; sites to be reserved, developed or dedicated for public uses or for nonpublic uses exclusive of single-family dwellings; r. A statement as to the source of the domestic water supply and provisions for sanitary sewage disposal; s. The approximate location of proposed stormwater management facilities, including any Green Infrastructure, hereafter indicated as “GI”, or Low Impact Development, hereafter indicated as “LID”, techniques;; t. Location and results of percolation tests for any lots which will not be served by a public sewage system, as required by the county health department; u. Location and size of all proposed drainage structures, including catch basins, curbs, gutters, grates and headwall; v. Location of all proposed sanitary and storm sewer lines or improvements and any easements required with sufficient dimensions to location same on the ground; w. Location and description of all proposed monuments and pins; x. A written statement on the preliminary plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence. 14.6 Exemptions from Preliminary Plat Procedures A. The types of activities listed here shall be considered subdivisions but may be exempt from the preliminary plat requirements of this chapter, except as noted. Each such exempt subdivision shall be drawn in accordance with final plat standards and shall be submitted with the appropriate fees. 1. Small subdivisions; 2. Re-combinations; and 3. Minor revised final plats. B. Small Subdivisions Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case of a subdivision of five (5) lots or less and the subdivider may submit an application for final plat approval, without submitting a preliminary plat, provided that: 1. Each lot in the proposed subdivision abuts an existing public street; 2. The proposed subdivision will not affect any major alterations of utility installations, or other existing or proposed public facilities; and 3. The application for final plat approval meets all the applicable procedural, design, and other requirements of these regulations. C. Re-combination Exemption. The preceding provisions of this chapter may be waived and a shortened procedure may be initiated in the case of a combination or recombination of two (2) or more lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with this Code. D. Minor Revised Final Plat Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case when it becomes necessary to revise an original recorded final plat due to some error, required adjustment, or desired adjustment, that is minor in scope and scale of change. This may include the adjustment of lot lines for single-family attached units after as-builts have taken. E. A subdivider intending to use any of these exemption methods shall first consult with the director or their designee, supplying sufficient information to assure that the specified conditions will be met. 14.7 Final Plat Requirements A. Application. Following completion of land disturbance activities, the subdivider shall cause to be prepared a final plat, together with other supplementary material as deemed necessary by the Director. The following shall be provided at the time of the application: B. The final plat shall conform substantially to the preliminary plat; it may, however, represent only that portion of the approved preliminary plat which the subdivider proposes to develop and record at any one time, provided that such portion conforms to the requirements of these regulations. C. Final Plat Contents. 1. The final plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to practice in Georgia, affixing the respective seal, signed, and dated. The plat shall be labeled "Final Plat," be drawn at a scale no smaller than one hundred (100)100 hundred feet to an inch, and shall contain the following information: a. A written statement on the final plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence; b. Name of subdivision; c. Graphic scale, north arrow with reference of bearings to magnetic, true or grid north, and date of survey; d. Location of tract (land lot and land district) and acreage; e. All dimensions accurate to the nearest one-tenth of a foot and all angles accurate to the nearest minute; f. Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, and building line whether curved or straight. This shall include, but not be limited to, the radium, length of arc, internal angles and tangent distance for the center line of curved streets; g. Exact locations, right-of-way widths, and names of all streets and alleys within and immediately adjoining the plat along with street center lines; h. Street intersection angles and street pavement widths; centerline profiles; i. Minimum required building setback lines and any zoning buffers, with dimensions, or note indicating none required, as applicable; j. Lots or sites numbered in numerical order and blocks lettered alphabetically with lots and sites numbered in numerical order; k. Location, dimensions, and purpose of all depicted easements, public service utility rights-of-way lines; areas (other than streets) to be reserved, donated, or dedicated to public use; and sites to be used for other than single-family residences; l. Location and size of all drainage structures, including catch basins, curbs, gutters, grates, and headwalls; m. Extent of the 100-year floodplain and a floodplain chart showing the area within and outside the floodplain for each lot containing any portion of the 100-year floodplain. The origin of the floodplain data must be indicated; n. All required stream buffers and setbacks on the property; o. Location, material, and description of all monuments and pins, including street markers. p. Notation that streams or wetlands lie or do not lie within 200 feet of the development, unit or phase. Delineate and label all applicable buffers per Chapter 15, Environmental Protection; q. Certification that the applicant is the land owner and dedicates streets, rights-of-way and any sites for public use; r. Certification by the appropriate authorities for roads, water, sewers, and health that the subdivider has complied with one (1) of the following alternatives; i. All improvements have been installed in accordance with their requirements; ii. A performance bond has been posted in sufficient amount to assure completion of all required improvements; or iii. Other guarantees of satisfactory completion of required improvements have been accepted with their conditions specified in the certification. s. Protective covenants, if any, shall be shown on the plat. If covenants are separately recorded, a statement shall be provided on the final plat as follows: "This plat is subject to the covenants set forth in the separate documents attached hereto dated ________, which hereby become a part of this plat, and which were recorded on ________;" t. A copy of the deeds for dedication of public areas to the appropriate public agency(s), if applicable; u. Zoning information including the current zoning district and all applicable zoning conditions, variances, and/or special use permits. The adopted ordinance, or final letter in the case of variances, shall be provided on the final plat; v. As-built construction drawings prepared by a professional engineer or surveyor, registered in the State of Georgia; v. w. Other data may be required by the Planning Commission in the enforcement of these regulations. This data may include final engineering design reports on proposed improvements, or other certificates, affidavits, endorsements, or dedications necessary to support the intent of these regulations. D. Review Process. The application shall be approved by the Planning and Zoning Department, the Public Works Department, the City Engineer, the Fire Marshal, and the Planning Commission. 14.8 Final Plat Recording It shall be the responsibility of the subdivider to send the approved final plat to the Clerk of the Superior Court of Henry County to be recorded. 14.9 Appeals If a Preliminary or Final Plat is denied, the applicant may file an appeal with the County Board of Commissioners, within 30 days following a denial. Appeals shall be processed in accordance with Section 13.11Chapter 11, Variances and Appeals. 14.10 Expiration A. Preliminary Plat Applications. An application for a preliminary plat shall expire six (6) months after the issuance of the latest letter/comments of plat revisions. The application may not expire within six (6) months if the inactivity is a result of a pending review from an external agency outside the applicant’s control. B. Plats. A plat remains valid for the duration of the project, subject to the following time restrictions: 1. An approved preliminary plat shall expire two (2) years after the approval date unless the applicant has filed a complete application for a final plat. 2. An approved Final Plat does not expire, provided it is recorded within six (6) months of approval. 14.11 Requirements Regarding Ownership and Management of Open Space A. Where open space is required in a proposed development, the open space shall be protected in perpetuity by a binding legal instrument that is recorded with the plat. If the entity accepting an easement is not the City of Stockbridge, then a right of enforcement favoring the city shall be included in the easement. The instrument shall be one (1) of the following: B. A permanent conservation easement in favor of either: 1. A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence. The conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or 2. A governmental entity that will ensure perpetual management of the open space. C. A permanent restrictive covenant, recorded on the final plat in favor of the City of Stockbridge. D. An equivalent legal tool that provides permanent protection, if approved by the mayor and city council. E. The legal instrument for permanent protection shall include clear restrictions on the use of the open space. The restrictions shall include all required by this unified development code. F. Open space may be owned by a homeowners' or property owners' association. Where such association is established and authorized to own the protected open space, membership in the association shall be mandatory for all owners and their successors within the development containing the protected open space. The association shall be responsible for managing and maintaining the open space and any structures located within the open space. 14.12 Requirements Regarding Stormwater Facilities A. The property upon which the stormwater facilities are located cannot be included in the description of any lot located in a residential subdivision. B. Maintenance and Responsibility. 1. Non-Residential Properties. a. Detention ponds and facilities that are located on commercial and industrial properties shall follow the title of the property upon which such facilities are located, and the owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of such facilities. b. In addition to maintaining the stormwater management function of the facility, the property owner shall be responsible for the ongoing beautification and appearance of all stormwater detention ponds, retention ponds, and related facilities. Such maintenance shall include, at a minimum, routine mowing, removal of litter, debris, and dead vegetation, control of weeds and invasive plant species, maintenance or replacement of required landscaping, and upkeep of any decorative fencing, screening, irrigation systems, or other aesthetic improvements installed as part of the approved site plan. Stormwater facilities shall be maintained in a neat, safe, and attractive condition so as not to create a nuisance or detract from adjacent properties or public rights-of-way. 2. Residential Properties. a. Detention ponds that are located on residential properties may transfer full liability to a homeowner's association that is validly existing under the laws of the State of Georgia where such entity has the legal ability to assess and collect fees for the maintenance of those facilities. b. In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility according to the ordinances of the city. 3. The city shall have a perpetual nonexclusive easement over and across all access easements to the detention ponds and facilities, together with a nonexclusive easement over, above, under and through the detention pond and facilities for the purpose of the operation and maintenance of such facilities. 4. All final plats that are submitted to the City for review shall include an unencumbered nonexclusive easement from an existing public roadway to any stormwater detention structure or pond. The access easement shall be a minimum of twenty (20)20 feet in width and shall be at least graveled to accommodate the equipment necessary to clean and maintain both the easement and the structure or pond. 14.13 Street Name and Sign Requirements A. Street Names. 1. All proposed street names shall be approved by the Department during the preliminary plat review process or prior to recording of the road and its rightof-way deed. 2. Any request to change the name of an existing road shall be submitted to the Department for review and shall be approved by City Council. B. Street Signs. 1. The location of the street signs shall be determined during the review of the preliminary plat. CHAPTER 15: ENVIRONMENTAL PROTECTION 15.1 Stream Buffer Protection 15.1.1 Findings and Purposes A. Findings. Whereas, the City Council of the City of Stockbridge finds that buffers adjacent to streams provide numerous benefits including: 1. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources; 2. Removing pollutants delivered in urban stormwater; 3. Reducing erosion and controlling sedimentation; 4. Protecting and stabilizing stream banks; 5. Providing for infiltration of stormwater runoff; 6. Maintaining base flow of streams; 7. Contributing organic matter that is a source of food and energy for the aquatic ecosystem; 8. Providing tree canopy to shade streams and promote desirable aquatic habitat; 9. Providing riparian wildlife habitat; 10. Furnishing scenic value and recreational opportunity; and 11. Providing opportunities for the protection and restoration of greenspace. B. Purposes. The purpose of this Section is to protect the public health, safety, environment, and general welfare; to minimize public and private losses due to erosion, siltation, and water pollution; and to maintain stream water quality by provisions designed to: 1. Create buffer zones along the streams of the City of Stockbridge for the protection of water resources; and 2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. 15.1.2 Applicability This Section shall apply to all land development activity on property containing a Stream Buffer Protection Area. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State, or Federal regulations. 15.1.3 Grandfathered Provisions. This Section shall not apply to the following activities: A. Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of the ordinance codified in this Section; B. Existing development and on-going land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, and gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements; C. Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of the ordinance codified in this Section; D. Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of the ordinance codified in this Section. 15.1.4 Exemptions. The following specific activities are exempt from this Section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property. A. Activities for the purpose of building one (1) of the following: 1. A Stream crossing by a driveway, transportation route or utility line; 2. Public water supply intake or public wastewater outfall structures; 3. Intrusions necessary to provide access to a property; 4. Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; 5. Unpaved foot trails and paths; or 6. Activities to restore and enhance stream bank stability, vegetation, water quality, and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. B. Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least twenty-five (25) feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents, and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in this section. C. Land development activities within a right-of-way existing at the time the ordinance codified in this Section takes effect or approved under the terms of this Section. D. Within an easement of any utility existing at the time the ordinance codified in this Section takes effect or approved under the terms of this Section, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents, and valve structures. E. Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the Director on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Director to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability, or water quality of the protection area. F. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer. G. Any land development activity within a Stream Buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Chapter 110, Variances and Appeals, of this UDC. 15.1.5 Stream Buffer and Setback Requirements A. All land development activity subject to this article shall meet the following requirements: 1. An undisturbed natural vegetative buffer shall be maintained for fifty (50)50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. If defined banks are not identifiable, the protected buffer will be measured from other identifiable features such as the "point of wrested vegetation" or the "ordinary high water mark". 2. An additional setback shall be maintained for twenty-five (25)25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling, and earthmoving shall be minimized within the setback. 3. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. 15.1.6 Inspection A. The City of Stockbridge may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City of Stockbridge shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. B. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. 15.1.7 Minor Land Disturbing Activities. The following land-disturbing activities are examples of projects not specifically listed in O.C.G.A. § 12-7-17(3) that would be considered minor landdisturbing activities and are, therefore, exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters. These minor land disturbing activities shall be exempt from the buffer requirements of this Article, as well: A. Elevated structures such as decks, gazebos, patios, walkways, viewing platforms or open picnic shelters, provided that: 1. The floor or decking is built in a pervious manner to allow for the infiltration of stormwater; 2. No more than 100 square feet of footprint of the elevated structure extends into or over the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 3. No grading, cutting, filling or similar land-disturbing activities occurring as a part of the site preparation, construction or subsequent development; 4. The structure is built on posts, concrete blocks or similar supports; 5. Permanent protective vegetative cover remains, or protective measures (for example, mulch or gravel) are installed within the footprint of the elevated structure to prevent post-construction soil erosion; 6. A natural canopy is left in sufficient quantity to keep shade on the streambed; and 7. No concrete or asphalt slabs, pads or foundations are constructed or placed as a part of the site preparation, construction or subsequent development. B. A pervious ground-level walkway approach to a dock or similar structure, provided that: 1. No more than 100 square feet of the constructed walkway extends into the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 2. No grading, cutting, filling or similar land-disturbing activities occur as a part of the site preparation, construction or subsequent development; 3. No concrete or asphalt slabs, pads, supports or foundations are constructed or placed as a part of the site preparation, construction or subsequent development; and 4. All ground preparation and walkway material placement is completed with the use of hand-held equipment. C. Restoration of buffer area after the removal of an existing structure, provided that the buffer area must be replanted with native vegetation. D. Maintenance or repair of existing structures, the failure of which would result in a threat to human health or County waters, such as sewer lines, water lines, dams or gas lines. Total disturbance must be less than 100 square feet. E. Placement of rock riprap within the buffer not to exceed 100 square feet on any one property, provided that: 1. The placement of the riprap does not result in soil disturbance outside the placement area; and 2. No grading, cutting, filling or similar land-disturbing activities occur as part of the site preparation, construction or subsequent development. 15.1.7 Land Disturbing Activities not Considered Minor. The following land-disturbing activities are examples of projects that are not considered minor land-disturbing activities and are, therefore, not exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters. Such activities shall comply with the requirements of this Article: A. Any land-disturbing activity utilizing wheeled or tracked machinery and equipment resulting in soil erosion within the buffer; 1. Paving with poured or prefab concrete or asphalt; 2. Any project or combination of projects occurring within the same calendar year on the same property resulting in more than 100 square feet of any elevated structures or pervious ground level walkways within or extending into the buffer; 3. Construction of a barbeque pit on a concrete or asphalt slab or pad within the buffer; 4. Construction of a ground-level patio within the buffer; 5. Construction of a swimming pool within the buffer; 6. Construction of a decorative or structural retaining wall within the buffer; 7. Construction of a new seawall with land-disturbing activities occurring within the buffer; and 8. Backfilling any new seawall construction within the buffer. B. Prohibited Activity. Any land development activity within a buffer established under this Section or any impervious cover within a setback established under this Section is prohibited unless a variance is granted pursuant to Chapter 110, Variances and Appeals, of this UDC. 15.2 Soil Erosion, Sedimentation, and Pollution Control 15.2.1 Title and Findings A. Title. This Section will be known as "The City of Stockbridge Soil Erosion, Sedimentation and Pollution Control Ordinance." B. Findings. The City of Stockbridge finds that soil erosion and sediment deposition onto land and into water within the watersheds of the City are a result of failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of the City and the intent of this Section to strengthen and extend the present erosion and sediment control activities and programs of the City and to provide for the establishment and implementation of a County-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of the City of Stockbridge, GA. 15.2.2 Exemptions. This Section shall apply to any land-disturbing activity undertaken by any person on any land except for the following: A. Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968;" B. Granite quarrying and land clearing for such quarrying; C. 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; D. 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: 1. Construction of any such residence shall conform to the minimum requirements as set forth in Section 15.2.3.C of this Section. 2. 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. a. 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. b. Primary 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. c. Secondary Trout Waters. 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. d. 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. 3. The minimum requirements of Section 15.2.3.C of this Section and the buffer zones provided by this paragraph shall be enforced by the City; E. 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; F. 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. 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 (3) years after completion of such forestry practices; G. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; H. Any non-commercial 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, provided that: 1. 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 2. That nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by this section. 3. Commercial projects of 5,000 square feet or greater of disturbed area are not exempt from any provision of this Section; provided, however, that the City of Stockbridge may specifically exempt commercial projects of less than one (1) acre from soil erosion plan requirements in cases where minimal land disturbance is to occur); I. 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; J. 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 jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 3618-1, 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 K. Any public water system reservoir. 15.2.3 Minimum Requirements A. General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of this Section and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this Section 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 15.2.3.B, Minimum Requirements/BMPs and Section 15.2.3., B of this Section. 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 Section and the NPDES general permit. B. Minimum Requirements/BMPs 1. Best management practices as set forth in this Section 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 Section 15.2.3.B.2 or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of 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 subsection (b) of O.C.G.A. § 12-7-6. 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 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 O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act," for each day on which such failure occurs. 4. The Director may require reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 5. The City or district office may set more stringent buffer requirements than stated in elsewhere in this ordinance, in light of subsection (c) of O.C.G.A. § 12-7-6. C. Additional Requirements. 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: 1. A construction exit designed in accordance with the "Manual for Erosion and Sediment Control in Georgia" must be the first element developed on a construction site. The construction exit must be maintained in such a way as to prevent any mud from being tracked onto public roads; 2. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 3. Cut-fill operations must be kept to a minimum; 4. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 5. Whenever feasible, natural vegetation shall be retained, protected, and supplemented; 6. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 7. Disturbed soil shall be stabilized as quickly as practicable; 8. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 9. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 10. 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.; 11. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 12. Cuts and fills may not endanger adjoining property; 13. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 14. 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; 15. 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 this Section. 16. Except as provided in this Section, 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 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 17. 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 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; and 18. There is established a 25 foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of this title, the "Coastal Marshlands Protection Act of 1970," and the rules and regulations promulgated thereunder, 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 an alteration within the buffer area has been authorized pursuant to O.C.G.A. § 12-5-286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however: a. That if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, where a drainage structure or roadway drainage structure is constructed or maintained; b. That if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, on the landward side of any currently serviceable shoreline stabilization structure, or for the maintenance of any manmade storm-water detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. c. For the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope, or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction. i. 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; 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 ii. The buffer shall not apply to crossings for utility lines that cause a width of disturbance of no more than 50 feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. iii. The buffer shall not apply to any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented or any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25 foot buffer would consume at least 18% of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. iv. Activities where the area within the buffer is not more than 500 square feet or that have a "minor buffer impact" as defined in EPD Rule 391-3-7-.01(r), provided that the total area of buffer impacts is less than 5,000 square feet are deemed to have an approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under the variance by rule and notification shall be made to the division at least 14 days prior to the commencement of land-disturbing activities. 19. 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 Subsections B. and C. of this section. 20. 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 Section or the terms of the permit. 15.2.4 Application/Permit Process A. General. 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, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this Section, 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. Permit. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the City without first obtaining a permit from the City to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. 2. Application. The application for a permit shall be submitted to the City 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 as necessary. Said plans shall include, as a minimum, the data specified in Section 15.2.4.C, Plan Requirements. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the landdisturbing activity proposed will be carried out in such a manner that the provisions of Section 15.2.4.B and Section 15.2.4.C of this Section will be met. Applications for a permit will not be accepted unless accompanied by three copies 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. Fee. 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 eighty dollars ($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 City shall review and approve or disapprove concerning the adequacy of the erosion, sedimentation and pollution control plan. The City shall approve or disapprove a plan within 35 days of receipt. Failure of the City to act within 35 days shall be considered an approval of the pending plan. No permit will be issued unless the plan has been approved by the City, and any variances required by Section 15.2.3.C have been obtained, all fees have been paid, and bonding, if required as per Section 15.2.4.B, has been obtained. 5. If a permit applicant has had two (2) or more violations of previous permits, this section, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application. 6. The City or district office 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 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 15.2.3.B and Section 15.2.3., C., 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 Section. 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 or 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. 2. Data required for the 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 landdisturbing activity was permitted. D. Permits. 1. Permits shall be issued or denied as soon as practicable, but in any event not later than 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 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 Section, any variances required by Section 15.2.3.C.16, 17, and 18 are obtained, bonding requirements, if necessary, as per Section 15.2.4.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 Section, 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 Section. A holder of a permit shall notify any successor in title to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The City or district office may reject a permit application if the applicant has had two (2) 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). 15.2.5 Education and Certification 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 (1) 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 Section. 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. § 12-719 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. 15.2.5 Inspection and Enforcement A. The City 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 B. The City shall regulate primary, secondary, and tertiary permittees as such terms are defined in the State general permit. 1. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting landdisturbing activities. 2. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting landdisturbing activities. 3. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. 15.2.6 Effectivity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. C. Liability. 1. Neither the approval of a plan under the provisions of this Section, nor the compliance with provisions of this Section 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. 2. 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 Section or the terms of the permit. 3. No provision of this Section 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 thereunder or pollute any waters of the State as defined thereby. 15.3 Illicit Discharge and Illegal Connection. 15.3.1 General Provisions A. Purpose and Intent. The purpose of this Section is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the City's separate storm sewer system to the maximum extent practicable as required by Federal law. This Section establishes methods for controlling the introduction of pollutants into the City's separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Section are to: 1. Regulate the contribution of pollutants to the City's separate storm sewer system by any person; 2. Prohibit illicit discharges and illegal connections to the City's separate storm sewer system; 3. Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the City's separate storm sewer system; and 4. To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with the provisions of this Section. B. Applicability. The provisions of this Section shall apply throughout the municipal boundaries of the City and to all discharges entering the City's storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. C. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of the ordinance codified in this Section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of the ordinance codified in this Section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. D. Responsibility for Administration. The authorized enforcement agency shall administer, implement and enforce the provisions of this Section. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employment of the agency. 15.3.2 Prohibitions A. Prohibition of Illicit Discharges. No person shall throw, drain or otherwise discharge, cause or allow others under their control to throw, drain or otherwise discharge into the City's separate storm sewer system any pollutants or waters containing any pollutants other than stormwater. B. Exemptions. The following discharges are exempt from the prohibition provision above: 1. Water line flushing when performed by a governmental agency or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one (1) PPM chlorine), and any other water source not containing pollutants; 2. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety; 3. Dye testing is an allowable discharge, but requires a verbal notification to the City prior to the time of the test; and 4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. C. Prohibition of Illegal Connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the City's separate storm sewer system is prohibited: 1. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection. 2. A person violates this Section if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. 3. Improper connections in violation of this Section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Sanitation Department. 4. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City. 15.3.3 Industrial, Construction Discharges Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with the provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the City prior to allowing discharges to the City’s separate storm sewer system. 15.3.4 Reporting Illicit Discharge to Issuing Authority/City of Stockbridge A. Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the City's separate storm sewer system, State Waters, or waters of the United States that person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the effects of the discharge. B. Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three (3) business days of the phone call or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. That person shall also take immediate steps to ensure no recurrence of the discharge or spill. C. In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified. D. Failure to provide notification of a release as provided above is a violation of the provisions of this Section. 15.3.5 Best Management Practices The authorized enforcement agency will adopt requirements identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contaminations of stormwater, the storm drain system, State waters or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the City's separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. 15.3.6 Watercourse Protection Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. 15.3.7 Effectivity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. 15.4 Floodplain Management/Flood Damage Prevention 15.4.1 General A. In General. 1. The flood hazard areas of the City of Stockbridge are subject to periodic inundation which may result 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. 2. Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas. 3. Effective floodplain management and flood hazard protection activities can: a. Protect human life and health; b. Minimize damage to private property; c. Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and d. Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public. 4. Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 361-20(a) 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 City of Stockbridge, Georgia, does ordain this Section and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property. B. Purpose. The purpose of this Section is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to: 1. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 2. Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; 3. Control filling, grading, dredging and other development which may increase flood damage or erosion; 4. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; 5. Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; and 6. Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas. C. Applicability. This Section shall be applicable to all areas of special flood hazard within the jurisdiction of the City of Stockbridge, Georgia. For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "futureconditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this Section, the following documents and sources may be used for such purposes and are adopted by reference thereto: 1. The flood insurance study (FIS) for the County, dated June 15, 2022, with accompanying maps and other supporting data and any revision thereto. 3. Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100 year100-year floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any base flood study authored by a registered professional engineer in the State of Georgia which has been prepared by the Federal Emergency Management Agency ("FEMA") approved methodology and approved by the department designated by Mayor and City Council. 4. Other studies which may be relied upon for the establishment of the futureconditions flood elevation or delineation of the future-conditions floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any future-conditions flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMAapproved methodology and approved by the City. c. The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the department designated by the City. F. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other chapter, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. G. Warning and Disclaimer of Liability. The degree of flood protection required by this Section 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 manmade or natural causes. This Section 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 Section shall not create liability on the part of the City of Stockbridge or by any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. 15.4.2 Administration and Enforcement. A. Designation of Administrator. 1. Appointed. The City Engineer or their designee is hereby appointed to administer and implement the provisions of this Section. 2. Duties and Responsibilities. Duties of the City Engineer shall include, but not be limited to: a. Review all land development applications and permits to assure that the requirements of this Section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding; b. Review proposed development to assure that all necessary permits have been received from those 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 USC 1344; c. Require the applicant to obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, when base flood elevation data or floodway data have not been provided; d. 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; e. Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been flood proofed; f. Obtain certification of design criteria from a registered professional engineer or architect when flood proofing is utilized for a structure; g. Notify affected adjacent communities and the State Department of Natural Resources (DNR) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); h. Make the necessary interpretation where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary is given a reasonable opportunity to appeal the interpretation, as provided in this Division. Where floodplain elevations have been defined, the floodplain is determined based on flood elevations rather than the area graphically delineated on the floodplain maps; i. Coordinate all Flood Insurance Rate Map (FIRM) revisions with the Georgia DNR and FEMA; j. Review variance applications and make recommendations to the appointed board. 3. Records. a. All records pertaining to the provisions of this Section are maintained in the office of the County Clerk and are open for public inspection. b. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, 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 adopted City Building Code. 15.4.3 Permit Requirements A. No owner or developer shall perform any development activities on a site where an area of special flood hazard or area of future conditions flood hazard is located without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically excluded by this Section, any landowner or developer desiring a permit for a development activity shall submit to the City a permit application on a form provided by the City. C. No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this Section. 15.4.4 Floodplain Management Plan Requirements. 15.4.4 Floodplain Management Plan Requirements. Formatted: Heading 3 Char An application for a development project with any area of special flood hazard located on the site will be required to include a floodplain management/flood damage prevention plan. This plan shall include the following items: Formatted: Font: (Default) Calibri A. A. Site plan drawn to scale, which includes, but is not limited to: 1. Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment; 2. For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; 3. Proposed locations of water supply, sanitary sewer, and utilities; 4. Proposed locations of drainage and stormwater management facilities; 5. Proposed grading plan; 6. Base flood elevations and future-conditions flood elevations; 7. Boundaries of the base flood floodplain and future-conditions floodplain; 8. If applicable, the location of the floodway; and 9. Certification of the above by a registered professional engineer or surveyor. B. Building and foundation design detail, including, but not limited to: 1. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structure; 2. Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; Formatted: Heading 3 3. Certification that any proposed nonresidential floodproofed structure meets the criteria in Section 15.4.7.B.215.4.8.B, Nonresidential Buildings.; 4. For enclosures below the base flood elevation, location and total net area of foundation openings as required in Section 15.4.7.A.515.4.7.A.5, Elevated Buildings; and 5. Design plans certified by a registered professional engineer or architect for all proposed structure(s). C. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; D. Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, futureconditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all other computations and other information similar to that presented in the FIS; E. Copies of all applicable State and Federal permits necessary for proposed development, including, but not limited to, permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334; and F. All appropriate certifications required under this Section. G. The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans. 15.4.5 Construction Stage Submittal Requirements A. For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the department designated by the City a certified as-built elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation certificate shall be provided after completion of construction, including final grading of the site. 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 floodproofing is utilized for nonresidential structures, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. B. Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The department designated by the Henry County Board of Commissioners 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 work being allowed to proceed. Failure to submit certification or failure to make the corrections required by this Section shall be caused to issue a stop-work order for the project. 15.4.6 Development Standards. A. Definition of Floodplain Boundaries. 1. "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available. 2. For all streams with a drainage area of 100 acres or greater, the futureconditions flood elevations shall be provided by the department designated by the City. If future-conditions elevation data is not available from the department designated by the City, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. B. Definition of Floodway Boundaries. The width of a floodway shall be determined from the FIS or FEMA-approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the department designated by the City. If floodway data is not available from the department, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. C. General Standards. 1. No development shall be allowed within the future-conditions floodplain that could result in any of the following: a. Raising the base flood elevation or future-conditions flood elevation equal to or more than one-hundredth of one (0.01) foot; b. Reducing the base flood or future-conditions flood storage capacity; c. Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or d. Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation. 2. Any development within the future-conditions floodplain allowed under this Section shall also meet the following conditions: a. Compensation for storage capacity shall occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average groundwater table elevation and the future-conditions flood elevation for the future-conditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel; b. Cut areas shall be stabilized and graded to a slope of no less than two percent (2%); c. Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased; d. Verification of no-rise conditions (one-hundredth of one (0.01) foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of Section 15.4.6.D, Engineering Study Requirements for Floodplain Encroachments; e. Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from floodwaters; and f. Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision ("CLOMR") or conditional letter of map amendment ("CLOMA"), whichever is applicable. The CLOMR submittal shall be subject to approval by the department designated by the City using the community consent forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six (6) months of the completion of construction, the applicant shall submit as-built surveys for a final letter of map revision ("LOMR"). D. Engineering Study Requirements for Floodplain Encroachments. An engineering study is required, as appropriate, to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and/or floodways. This study shall be prepared by a currently registered professional engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the department designated by the City prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include: 1. Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development; 2. Step-backwater analysis, using a FEMA-approved methodology and approved by the department designated by the City. Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future-conditions flood profiles; 3. Floodplain storage calculations based on cross-sections (at least one (1) every one hundred (100)100 hundred feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future-conditions floodplain storage capacity would not be diminished by the development; and 4. The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments. E. Floodway Encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways 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 Prohibited. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. 2. Permitted Encroachments. Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted, 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 to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. a. A registered professional engineer must provide supporting technical data and certification thereof; and b. If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the department designated by the City until an affirmative conditional letter of map revision ("CLOMR") is issued by FEMA and no-rise certification is approved by the department designated by the City. F. Maintenance Requirements. The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The department designated by the City may direct the property owner (at no cost to the City of Stockbridge) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the City. 15.4.7 Flood Damage Reduction A. General Standards. In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply: 1. New construction of principal buildings (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the futureconditions floodplain, unless all requirements of Section 15.4.6, Development Standards have been met. 2. New construction or substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure. 3. New construction or substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage. 4. New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage. 5. Elevated Buildings. All new construction and 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 and 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. a. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: i. Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one (1) foot above grade; and iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions; b. So as not to violate the "lowest floor" criteria of this Section, the unfinished and flood-resistant enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and c. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 6. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding. 7. 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. 8. All proposed development shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce exposure to flood hazards. 9. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 10. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 11. On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamination from them, during flooding. 12. Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this Section, shall be undertaken only if the nonconformity is not furthered, extended or replaced. 13. If the proposed development is located in multiple flood zones or multiple base flood elevation cross the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence. 14. When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this Section. 15. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding: a. All such proposals shall be consistent with the need to minimize flood damage within the flood-prone area; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and c. Adequate drainage shall be provided to reduce exposure to flood hazards. 15.4.8 Building Standards for Structures and Buildings within the Future-Conditions Floodplain A. Residential Buildings. 1. New Construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. 2. Substantial Improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. 1. New Construction. New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements of Section 15.4.6, Development Standards have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection Section 15.4.7.A, Flood Damage Reduction. c. New construction that has met all of the requirements of Section 15.4.6, Development Standards may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 City using the FEMA floodproofing certificate along with the design and operation/maintenance plan. 2. Substantial Improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH zones, may be authorized by the director and/or his designee to be elevated or floodproofed. a. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.7.A, Flood Damage Reduction. c. Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 department designated by the City and/or its designee using the FEMA floodproofing certificate along with the design and operation/maintenance plan. C. Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of Section 15.4.6, Development Standards and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with Section 15.4.7.A, Flood Damage Reduction. and be anchored to prevent flotation, collapse or lateral movement of the structure. D. Recreational Vehicles. All recreational vehicles placed on sites must either: 1. Be on the site for fewer than 180 consecutive days and 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 2. The recreational vehicle must meet all the requirements for residential buildingssubstantial improvements set forth in Section 15.4.8.A.2, including the anchoring and elevation requirements. E. Manufactured Homes. 1. New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all of the requirements of Section 15.4.6, Development Standards have been met, all new construction and substantial improvements shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of Section 15.4.7.A, Flood Damage Reduction. 2. Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision are 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 one (1) foot above the futureconditions flood elevation, whichever is higher; 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 in accordance with the standards of Section 15.4.7.A.7. 15.4.9 Building Standards for Structures and Buildings Authorized Adjacent to the FutureConditions Floodplain. A. Residential Buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one (1) foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. Non-residential buildings may be floodproofed in lieu of elevation. 15.4.10 Building Standards for Residential Single-Lot Development on Streams without Established Base Flood Elevations and/or Floodway (A zones) A. For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A zones), the official designated by the City and/or his designee shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a Federal, State, local or other source, in order to administer the provisions and standards of this Section. If data are not available from any of these sources, the following provisions shall apply: 1. No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater; and 2. In special flood hazard areas without base flood or future-conditions 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. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for flood prone enclosures in accordance with Section 15.4.7.A, Flood Damage Reduction. 15.4.11 Building Standards for Areas of Shallow Flooding (AO zones) A. Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. In these areas, the following provisions apply: 1. All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the flood depth number in feet 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 (3) feet above the highest adjacent grade. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for floodprone enclosures in accordance with Section 15.4.7.A, Flood Damage Reduction. 2. New construction and substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified FIRM flood level plus one (1) foot above the 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 licensed professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice, and shall provide such certification to the City using the FEMA floodproofing certificate along with the design and operation/maintenance plan; and 3. Drainage paths shall be provided to guide floodwater around and away from any proposed structure. 15.4.12 Standards for Subdivision of Land and Other Development A. All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data and future-conditions flood elevation data. B. All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required. C. All subdivision plans will provide the elevations of proposed structures in accordance with Section 15.4.4, Flood Management Plan Requirements. D. All subdivision proposals shall be consistent with the need to minimize flood damage. E. All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and discharges from the systems into floodwaters. F. All subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce potential exposure to flood hazards. 15.4.13 Standards for Utilities A. All new and replacement water supply and sanitary sewerage systems are designed to minimize or eliminate: 1. Infiltration of floodwaters into the systems; and 2. Discharges from the systems into floodwaters. B. On-site waste disposal systems are located outside the floodplain to avoid impairment to them, or contamination from them during flooding. 15.5 Wetland Protection. 15.5.1 General A. Purpose. The purpose of the regulations in this section is to promote wetland protection, while accounting for varying ecological, economic development, recreational, and aesthetic values. The regulations set forth in this section are intended to limit activities that may damage wetlands, and to require that such activities be located on upland sites to the greatest degree practicable as described in the Comprehensive Plan. The regulations set forth in this section are further intended to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain protection, erosion control, groundwater recharge, aesthetic nature, and provision of wildlife habitat. B. Applicability. Regulations for the protection of wetlands, set forth in this section, apply to all lands within wetlands located within the jurisdiction of the City of Stockbridge. 15.5.2 National Wetland Inventory (NWI) Maps The National Wetland Inventory Maps, prepared by the United States Fish and Wildlife Service, show the general locations of wetlands and should be consulted by persons contemplating activities in or near wetland areas. These maps should be used as a guide only. Field verification is required to determine the existence or absence of any jurisdictional waters. 15.5.3 Determination of Wetlands Boundary A. Generally. 1. The NWI maps are general reference documents, and wetland boundaries indicated on the maps are approximations. The purpose of the NWI maps is to alert developers and landowners if the property proposed for development is within or adjacent to a wetland. 2. The NWI maps do not represent the boundaries of jurisdictional wetlands within the City of Stockbridge and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. B. Where it is determined that wetlands are located on property proposed for development, a determination of the location and extent of the wetlands must be made by the U.S. Army Corps of Engineers or a qualified consultant. A local permit for development within wetlands will not be issued until a determination has been made by the U.S. Army Corps of Engineers as to whether wetlands exist on the site. C. If there are jurisdictional wetlands on the site that will be disturbed by the proposed development, the applicant must first obtain a wetlands alteration section 404 permit from the U.S. Army Corps of Engineers. 15.5.4 Permissible Activities within Wetlands A. Lawful activities set forth in this section will be allowed as of right within a wetland. Constructing, grading, filling, draining, or dredging may be permissible only as provided. For waters under state or federal jurisdiction, additional prohibitions may apply. 1. Conservation or preservation of soil, water, vegetation, fish, and other wildlife, provided they do not affect waters of Georgia or of the United States in such a way that would require a permit as required by section 404 of the Clean Water Act. 2. Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing. 3. Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in section 404 of the Clean Water Act. 4. The cultivation of agricultural crops. Agricultural activities are subject to best management practices approved by the Georgia Department of Agriculture. 5. The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed, and that approved agricultural best management practices are followed. 6. Education, scientific research, and nature trails. 15.5.5 Activities Requiring a Permit A. It shall be unlawful for any person to conduct any of the following activities in a wetland or associated buffe without first obtaining a permit. 1. Deposit fill material in a wetland or associated buffer. 2. Dredge or remove soil or minerals from a wetland or associated buffer. 3. Construct, build, develop, or erect any structure or development in a wetland or associated buffer. 4. Drain surface water from a wetland. 5. Cut or remove wetland or associated buffer vegetation. 15.5.6 Prohibited Activities within Wetlands A. Receiving areas for toxic or hazardous waste or other contaminants. B. Hazardous or sanitary waste landfills. C. Construction of buildings or other structures D. Other uses prohibited in the underlying zoning district. 15.5.7 Temporary Activities within Wetlands A. Maintenance or Repair. 1. Maintenance and repair is limited to lawfully located roads, structures, and facilities used in the service to the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication, or other services; 2. The roads, structures, or facilities are not materially changed or enlarged; 3. Written notice prior to the commencement of work has been given to Henry County; and 4. The work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment shall be minimized. B. Temporary water level stabilization measures associated with ongoing silvicultural operations. C. Limited ditching, tilling, dredging, excavating, or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration, or loss of wetlands not previously subject to agricultural and silvicultural use. D. Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boathouses, or other similar water-related structures, provided they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland. 15.5.8 Permit Requirements An application for a development project proposing to conduct activity within a wetland or associated buffer will be required to include a thethe following items: A. A site plan drawn to scale. B. Soil drainage and stormwater management plans. C. The sites and specifications for all proposed drainage, filling, grading, dredging, vegetation removal, and other activities which may affect a wetland or associated buffer. Such specifications shall include the size of the total wetland area on the site, the size of the wetland proposed for impact or elimination, and cubic yards of fill. D. A description of any existing or proposed waste disposal and water supply including septic tanks and soil absorption fields. Such description shall include distances to wetlands, associated buffers and other water bodies. 15.5.9 Buffers Required A. Buffer Area. Wetland buffers are to be calculated by measuring horizontally outward from and perpendicular to the edge of the wetland, as defined herein. They must extend the entire length of the wetland delineation within the property. If a wetland falls into more than one of the categories below, the more restrictive buffer width shall control. B. Applicability. A minimum buffer of 25 feet shall be provided along the perimeter of all wetlands. C. Buffer Standards. 1. The buffer shall be a minimum of 25 feet in width. 2. All existing natural vegetation must be retained and maintained within the buffer. 3. The number and types of plants required within the buffer is as set forth in Table 13.6.5, Recommended Tree List. 15.5.10 Compensatory Mitigation A. When Required. Compensatory mitigation shall not be considered a substitute for making all practical attempts to avoid wetland impacts. Compensatory mitigation is required for all permitted impacts to wetlands. If impacts to wetlands will require compensatory mitigation pursuant to a Clean Water Act § 404 permit, the City may give credit for § 404 mitigation activities. B. Criteria for Approval. Compensatory mitigation plans shall be approved only if they meet the following criteria: 1. The mitigation plan shall provide for the in-kind replacement of the predominant functional values of the eliminated or impacted wetland. Mitigated wetlands shall be replaced at the following minimum ratios, in acres: 2:1 for restoration; 4:1 for creation; and 6:1 for enhancement. A larger replacement ratio may be required if the eliminated or impacted wetland is deemed to have exceptional value. 2. The mitigation plan shall provide for no net loss of wetland resources. 3. Mitigation may be achieved by purchasing credits at a mitigation bank in the primary or secondary service area of the permitted wetland impact, by purchasing credits from the Georgia In-Lieu Fee Program, or by performing onsite mitigation. All mitigation must be in-kind. 4. The mitigation plan shall comply with all applicable federal, state, and local laws and regulations. 5. Any mitigation activity shall be completed before initiation of permitted activities, including activities permitted by a permit, unless a phased concurrent schedule can be agreed upon between the Director and the applicant. 15.6 Watershed Protection. 15.6.1 General A. Purpose. The purpose of this section is to identify and protect water supply watersheds within the City of Stockbridge. This Section sets forth development standards intended to maintain the quality and quantity of the water supply within the City and adjacent jurisdictions. B. Applicability. The provisions of this Section apply to all lands located within Water Supply Watersheds, as identified by the Georgia Environmental Protection Division (EPD) and the Metropolitan North Georgia Water Planning District (MNGWPD), as amended. C. Relationship to Other Regulations. The standards of this Section are intended to supplement all other applicable provisions of this UDC. Where conflicts occur, the more restrictive standard shall apply. 15.6.2 Establishment of Watershed Protection Areas A. Watershed Protection Areas shall be identified on the City of Stockbridge Official Zoning Map. Such mapping may include areas associated with reservoirs, public water supply intakes, and tributary watersheds regulated by the Georgia Environmental Protection Division (EPD). B. Where the boundaries of a Watershed Protection Area are uncertain, the Director may require additional information prepared by a licensed professional, including topographic mapping, watershed delineations, or other documentation demonstrating the location of watershed boundaries. 15.6.3 Water Quality Critical Areas A. A water quality critical area shall be established within each watershed protection area and shall include the following: 1. All land adjacent to the normal pool elevation of a reservoir, extending landward to the watershed ridge line or 500 feet from the normal pool elevation, whichever distance is less. 2. All land adjacent to each perennial stream flowing into the reservoir, extending three (3) miles upstream from the reservoir's normal pool elevation and laterally to the watershed ridge line or 500 feet from each side of the stream, whichever distance is less. B. The normal pool elevation of all existing reservoirs shall be maintained on file with the Department. 15.6.4 Limited Development Area A. A limited development area shall be established for the remaining part of the watershed protection area that is located outside of the water quality critical area, and which extends to the ridge line of each watershed protection area. B. If a perennial stream abuts or crosses any property within the limited development area, the use regulations of Section 15.6.5, Uses in Watershed Protection Areas shall apply. 15.6.5 Uses in Watershed Protection Areas A. Table 15.6.5, Uses in Watershed Protection Areas identifies permissible and prohibited uses within the water quality critical area and limited development area of any watershed protection area. Table 15.6.5 - Uses in Watershed Protection Areas Land Use Water Quality Critical Area Limited Development Area Residential Permitted; Permitted Multi-family dwellings shall be prohibited Commercial Prohibited Permitted Industrial Prohibited Permitted Institutional or Civic Prohibited Permitted Public Utility Prohibited Permitted Permitted; Confined animal feed operations Permitted; Agricultural and/or (CAFOs) shall be prohibited; Silviculture activity shall be Natural Resources Silviculture activity shall be prohibited within 25 feet of a prohibited within 25 feet of a water water body body B. Uses within watershed protection areas shall also comply with the following provisions: 1. Permitted uses established by Table 15.6.5, Uses in Watershed Protection Areas, shall be subject to the dimensional standards of Section 15.6.6, Dimensional Standards for Uses in Watershed Protection Areas. 2. Where applicable, septic tanks may be permitted subject to approval by the Henry County Health Department and applicable City departments. 3. Where applicable, roads, sidewalks, and multi-use or greenway trails may be permitted, subject to approval by the Director. 4. Where applicable, new facilities located within the watershed protection area that handle hazardous materials of a type and amounts requiring a permit from the Georgia DNR, or that require disposal by a hazardous materials handler permitted or licensed by the Georgia DNR at a hazardous materials facility, must perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collections systems must be shown on the development plan in detail, in compliance with this UDC. 15.6.6 Dimensional Standards for Specific Uses in Watershed Protection Areas Proposed development shall comply with both the standards for watershed protection areas in Table 15.6.6, Dimensional Standards within Watershed Protection Areas, and the standards of the underlying zoning district. Where standards conflict, the stricter standard shall apply. Lot Min. Width Max. Impervious Coverage Water Quality Critical 200 ft. Area Min. Lot Size (sewer) Residential Min. Lots Size (septic) Land Use Setback (from water body) Table 15.6.6: Dimensional Standards within Watershed Protection Areas 2 acres 1.5 acres 150 ft. 20% Formatted Table Limited 150 ft. Development Area Limited Development Area 200 ft. (with perennial streams) Water Quality Critical N/A Area Limited 150 ft. Development Area Industrial Limited Development Area 200 ft. (with perennial streams) Water Quality Critical 200 ft. Area Agricultural Limited 150 ft. and/or Development Area Natural Limited Resources Development Area 200 ft. (with perennial streams) Water Quality Critical N/A Area Limited 150 ft. All other Development Area uses Limited Development Area 200 ft. (with perennial streams) 15.6.7 Buffers in Watershed Protection Areas 1 acre 10,890 sq. ft. 100 ft. 25% 1.25 acres 1 acre 150 ft. 25% N/A N/A N/A N/A 4 acres 2 acres 100 ft. 25% 5 acres 2 acres 150 ft. 25% 2 acres 1.5 acres N/A 20% 1 acre 0.5 acres N/A 25% 1 acre 0.5 acres N/A 25% N/A N/A N/A N/A 1.5 acres 1 acre N/A 25% 2 acres 1.5 acres N/A 25% A. Buffers shall be required in watershed protection areas as follows: 1. Buffers within Water Quality Critical Areas. A natural or enhanced vegetative buffer shall be maintained for at least 150 feet from the normal pool level of a reservoir and at least 100 feet on both sides of any other surface water as measured from the banks. 2. Surface Water Buffers within Limited Development Areas. A natural or enhanced vegetative buffer shall be maintained for at least 100 feet on both sides of any surface water as measured from the banks. 15.6.8 Septic Tanks and Drain Fields within Watershed Protection Areas A. Septic tanks and septic tank drain fields shall be prohibited in the setback areas established in Table 15.6.6, Dimensional Standards within Watershed Protection Areas for buildings and impervious surfaces in watershed protection areas. B. Septic tanks and septic tank drain fields for residential development shall be setback at least 100 feet from any surface water. 15.6.9 Alternative Compliance for Impervious Surface Limitations A. The percentage of impervious surface is determined by the sum of all land areas to be covered by impervious structures during the development of the property including, but not limited to, roads, streets, driveways, houses, buildings, and parking areas, divided by the total site area. B. A development may participate in a regional wet detention pond program which has been established by one or more public or private entities subject to the following conditions: 1. Runoff from the development drains into a regional stormwater management control facility approved by the City. 2. An agreement between the City and the landowner has been executed which guarantees participation in the regional stormwater arrangement of the property and the detention pond. 3. Construction of a regional detention pond meets or exceeds the design requirements of the stormwater management provisions set forth in Chapter 17, Stormwater Management. C. A development may provide an alternative method for stormwater control other than a wet detention pond provided it complies with the stormwater management requirements set forth in Chapter 17, Stormwater Management, and design criteria for pollutant removal equivalent to those associated with wet detention ponds included in the Georgia Stormwater Management Manual, as amended. 15.7 Groundwater Recharge Protection 15.7.1 General A. Purpose. The provisions of this Section are intended to protect groundwater as follows: 1. Restricting land uses that generate, use, or store dangerous pollutants in recharge areas; 2. Limiting density of development; and 3. Ensuring that any development that occurs within the recharge area will have no adverse effect on groundwater quality. B. Applicability. The provisions of this Section apply to all lands mapped as significant recharge areas by the Georgia Department of Natural Resources (DNR) in Hydrologic Atlas 18, 1989 edition, as amended, or as identified in the Comprehensive Plan. 15.7.2 Determination of Pollution Susceptibility Limitations on land use activities shall be based on the degree to which the aquifer is susceptible, or at risk, to pollution from spills, discharges, leaks, impoundments, application of chemicals, injections, and other human activities. The Georgia DNR has prepared maps of pollution susceptibility, which categorize land in areas of high, medium, and low potential for groundwater pollution. These maps will be the basis for determining the locations for limited land use activities, as set forth in Section 15.7.3, Limitations and Requirements for Specific Land Use Activities. 15.7.3 Limitations and Requirements for Specific Land Use Activities. In addition to any use standards of this UDC, the following development standards shall apply within groundwater recharge protection areas: A. New above ground chemical or petroleum storage tanks with a minimum volume of 660 gallons shall provide secondary containment for: 1. 110% of the volume or such tanks; or 2. 110% of the volume of the largest tanks in a cluster of tanks. B. New agricultural waste impoundment sites shall be lined with compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than 5 × 10-7cm/sec, or other criteria as established by the U.S. Soil Conservation Service, when located in the following areas: 1. A high pollution susceptibility area. 2. Medium pollution susceptibility areas and the site exceeds 15 acre-feet. 3. Low pollution susceptibility areas and the site exceeds 50 acre-feet. C. New wastewater treatment basins shall be designed with an impermeable liner approved by the Georgia Environmental Protection Division. D. Wastewater spray irrigation systems or land spreading applications shall comply with the Georgia Department of Natural Resources criteria for slow rate land treatment. Such uses shall also provide proof of receipt of a land application system permit from the Georgia Environmental Protection Division. E. New facilities for the handling of hazardous materials of types and amounts regulated by the Georgia Department of Natural Resources shall perform all operations in impermeable surfaces with spill and leak collections systems meeting the requirements of said agency. F. New single-family dwellings served by septic tank or drain field systems shall have a minimum lot size meeting the larger of: 1. The minimum lot size limitations shown on Table MT-1 of the Georgia Department of Public Health “Manual for On-Site Sewage Management Systems”; or Formatted: Underline 2. 150% of the lot size on Table MT-1, when located within a high pollution susceptibility area; or 3. 125% of the lot size on Table MT-1, when located within a medium pollution susceptibility area; or 4. 110% of the lot size on Table MT-1, when located within a low pollution susceptibility area. 15.8 Recycling of Water at Commercial Carwash Facilities 15.8.1 Purpose. The purpose of this section is to reduce water consumption from commercial car wash facilities by requiring all new conveyor car washes to install operational recycled water systems. 15.8.2 Applicability A. This section applies to all new conveyor car washes permitted and constructed after January 1, 2011, regardless of the water source. B. The provisions of this section do not apply to conveyor commercial car washes that were permitted or constructed before January 1, 2011. C. The provisions of this section do not apply to self-service car washes or in-bay car washes. D. Commercial Car Wash Water Recycling Requirement. All new commercial conveyor car washes, permitted and constructed after January 1, 2011 must install operational recycled water systems. A minimum of 50% of water utilized will be recycled. 15.8.3 Water Waste A. Prohibited. The following uses are a waste or unreasonable use or method of use of water and are prohibited: 1. Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person's property. 2. Operating an irrigation system or other lawn or landscaping watering device during rain. 3. Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads. 4. Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within 30 days. 5. Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited. B. Permitted. The restrictions in this policy or section do not apply to the following authorized uses: 1. Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities. 2. Water applied as a dust control measure, as required by erosion and sedimentation rules. 3. Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology. 4. Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available. 5. Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists. 6. Water used for power-washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions. 7. Mobile car washes when approval or a special use permit is obtained from the City. 8. Emptying of swimming pools for maintenance when proper local rules are followed. C. If it is found that there is a waste of water in or about any premises to which water is supplied from the City water system, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, the City may cause the water to be cut off from the premises upon reasonable notice to the occupant, unless special circumstances require that such waste shall be immediately stopped. Where the water supply is cut off as herein provided, the water shall not again be turned on until all water bills and the bill for the cost of cutting off and again turning on the water shall have been paid. 15.9 Outdoor Watering 15.9.1 Restriction on Outdoor Watering of Landscape A. Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water uses: 1. Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of 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, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3; 2. Capture and reuse of cooling system condensate or storm water in compliance with any applicable City ordinances and State guidelines; 3. Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations; 4. Use of reclaimed wastewater by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water; 5. Watering personal food gardens; 6. Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of thirty (30) days immediately following the date of installation; 7. Drip irrigation or irrigation using soaker hoses; 8. Hand watering with a hose with automatic cutoff or handheld container; 9. Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; 10. Watering horticultural crops held for sale, resale, or installation; 11. Watering athletic fields, golf courses, or public turf grass recreational areas; 12. Installation, maintenance, or calibration of irrigation systems; or 13. Hydroseeding. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS 16.1 Multimodal Traffic Impact Studies (TIS) 16.1.1 Purpose and Intent A. Understanding the demands placed on the City's transportation network by development is an important dimension of assessing the overall impacts of development. All developments generate traffic, and it may generate enough traffic to create congestion and thus require the community to invest more capital funds into the transportation network in the form of new roads, traffic signals, and intersection improvements. Traffic congestion results in several problems, including economic costs due to delayed travel times, air pollution, and accidents. By requiring traffic impact studies for proposed developments meeting certain thresholds, the City will be better able to determine the transportation demands of development proposals and provide for reduction of adverse impacts on the transportation system. 16.1.2 Objectives. A. The City finds that requiring a traffic impact study for proposed developments that meet certain thresholds will help to achieve the following objectives: 1. To foster and support the coordinated and comprehensive transportation plan. 2. Provide transportation investments that reinforce the land use plans and development vision of the City; 3. Forecast additional traffic associated with new development based on accepted practices. 4. Determine the improvements that are necessary to accommodate new development. 5. Allow the City government to assess the impacts that a proposed development may have and assist the City government in making decisions regarding development proposals. 6. Help to ensure safe and reasonable traffic conditions on streets after the development is complete. 7. Reduce the negative impacts created by developments by helping to ensure that the transportation network can accommodate the development. 8. Protect the substantial public investment in the street system. 9. Provide information relevant to comprehensive planning, transportation planning, and future transit planning, and the provision of programs and facilities for traffic safety, road improvements, transportation demand management, pedestrian access, and other transportation system considerations. 16.1.2 In General A. A traffic study shall be prepared in accordance with industry accepted standards, including, at a minimum, level of service impacts for adjacent roadways and intersections and a mitigation package to address the cumulative effects from the project's impact. B. Said applicant shall be also required to coordinate and fund any recommended mitigation measures limited to project related improvements with applicable Federal, State, and local agencies, including the Georgia Regional Transportation Authority (GRTA) and the Atlanta Regional Commission (ARC). C. A traffic impact study must evaluate the adequacy of the existing transportation system to serve the proposed development and determine the expected effects of the proposed development on the transportation system. The traffic impact study must provide adequate information for the Public Works Department to evaluate the development proposal and, when appropriate, recommend conditions of approval. D. The qualified professional preparing the traffic impact study is encouraged to coordinate preparation with the Public Works Department and staff from other jurisdictions, as appropriate, to ensure that all necessary components are included in the traffic impact study and to reduce revision and review time. 16.1.3 Applicability A. Thresholds of Applicability. A traffic impact study shall be required for all developments proposing to meet one or more of the following thresholds: 1. The development is expected to generate more than 100 new vehicle trips during an A.M. or P.M. peak hour; or 2. The development is expected to generate more than 750 new vehicle trips in an average day; or 3. The development involves the construction of 50,000 square feet or greater of nonresidential building space, in single or multiple phases; or 4. The development would contain multifamily dwellings; or 5. The development would contain more than fifty (50)100 total dwelling units; or 6. The development is an industrial, logistics, warehouse, or freight related use expected to generate 30 or more truck trips per day; or 7. The development generates more than 40% of its total traffic in the form of truck traffic using passenger car equivalents (PCE). B. Determination of Applicability. At the time a development proposal is filed, or during any pre-application conference for zoning proposal, exclusive of variances and modifications to a zoning condition, the director shall determine whether a traffic impact study shall be required according to this Section. Traffic impact studies shall be required for submittal during the land disturbance, clearing and grading, building permit, or development permit, and shall not be required during the zoning process. C. Exemptions. 1. A traffic impact study is not required if a development proposal is initiated by the City; 2. Any Development of Regional Impact (DRIs) that complies with the rules of the Georgia Department of Community Affairs (DCA), the Atlanta Regional Commission (ARC), and Georgia Regional Transportation Authority (GRTA) shall be exempt from this Section; or 3. A traffic impact study will not be required by the City for those developments with frontage and access along a State route. 16.1.4 Analysis A. The source for trip generation rates for the purposes of this chapter shall be the most recent edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless otherwise approved by the director. Determinations of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the Public Works Department. B. Cases Where Data is Not Available. If information submitted by the applicant of the development proposal is sufficient to calculate the trip generation that would be expected to result from the proposed development, but trip generation rates or other data are not available or in sufficient quantity of studies to make a determination of applicability, then under the terms of this Section, the director shall determine: 1. Professionally acceptable trip generation rates applicable to the subject development exist from other reputable sources, such as the Journal of the Institute of Transportation Engineers; 2. Other trip generations studies of similar development are available; or 3. Professionally acceptable trip generation rates for one (1) or more similar land uses can be used in making the determination of applicability. 16.1.5 Study Scope Meeting. Once it is determined that a traffic impact study is required, a scope meeting must be held with the developer or their consultant and the appropriate representatives of the City. It will be the responsibility of the developer or their consultant to initiate this meeting. The purpose of this meeting is to discuss the availability of site-specific information concerning the development, available forecasts of traffic volumes, and to ensure the applicant understands the content requirements for traffic impact studies. 16.1.6 Required Contents A. The traffic impact study must include the following minimum components: 1. Title Page. A title page listing the name of the proposed development and its location. 2. Table of Contents. A table of contents outlining the study shall be provided. 3. Certification. The study shall be signed and stamped by a qualified professional. 4. Executive Summary. An executive summary discussing the development, the major findings of the analysis, and recommendations made by the qualified professional shall be provided. 5. Vicinity Map. A vicinity map showing the location of the proposed project in relation to the transportation system of the area. 6. Study Area Map. A map of the traffic impact study area. For the purposes of this chapter, the traffic impact study area shall be determined according to trip generation rates as shown in Table 16.1.6.A, Study Area Size Requirements. In the event there is a difference because of applying peak and total trips, the more restrictive requirement (larger study area) shall apply. Table 16.1.6.A– Study Area Size Requirements Peak Hour Daily Trips Distance from Perimeter of Trips Generated Proposed Development Along Generated Roads 100—150 750—1,500 ½ mile 151—500 1,501—5,000 1 mile 501—1,000 5,001—10,000 2 miles 1,001 or more 10,0001 or more 3 miles 7. Inventory of Transportation Facilities in the Study Area. A description of transportation facilities in the study area, including roadway names, locations, and functional classifications, intersection lane configurations, traffic control (including signal timing), existing rights-of-way, transit routes and stops (if any), pedestrian and bicycle facilities, and planned transportation system improvements. An existing lane configuration sketch shall be submitted for all roadways intersections within the study area. 8. Trip Generation Data. a. Discounting of "Pass-By" Trips. The peak-hour trip generation study may subtract from the empirical data on actual vehicle trips if those trips are reasonably considered to be "pass-by" trips as defined by this chapter, using professionally accepted assumptions about the percent of "pass-by" trips approved by the Director. b. Reduction for Internal Trips in Multiuse or Mixed-Use Development. In calculating the new trips generated from a proposed development containing multiple uses or mixed-use a qualified professional with the approval of the director my apply a percentage reduction to the total vehicle trips shown in any peak hour trip generation study to account for internal trips, as defined in this Section, so as to account for (discount) the number of internal trips reasonably expected to occur in such multiuse or mixed-use development. Said reduction shall not exceed twenty-four percent (24%)24% of total trips generated. c. Phased Development. If phased development is proposed, the study shall include projections for the year that each phase of the development is planned to be complete. d. Pending/Approved Developments. The traffic impact study shall also include trip generation data for any pending and approved developments that would affect the study area. The Public Works Department shall facilitate the review of applicable files by a qualified professional to determine the names and development characteristics of pending and approved developments in the study area. e. Truck Trips. Truck trips shall be calculated and shown separately. Peak hour distribution of inbound and outbound trucks shall be identified separate from passenger cars. For light industrial, industrial parks and warehouse uses, trip rates contained in the latest edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless otherwise approved by the director, shall be used. All truck trips shall be converted into passenger car equivalents (PCE) for intersection capacity analysis. 9. Site Plan and Development Data. A complete description of the proposed development, including a site plan with the best available information as to the nature and size of each proposed used and the proposed location and traffic control of all proposed access points, including the distance from all proposed access points to adjacent access and/or streets, including those across a street right-of-way from the subject development. 10. Existing Traffic Volumes. Peak and total daily traffic volumes on all arterial, collector, and local streets within the study area. Traffic counts should be no more than one (1) year old when the report is prepared. Traffic counts between one (1) and three (3) years old may be used if factored to the current year. Traffic counts older than three (3) years will not be accepted. 11. Facility Performance. Existing performance of the transportation system, including levels of service (LOS) and volume/capacity ratios (V/C) for all intersections and road segments, as appropriate, within the study area. Identification of any project related improvements necessary to mitigate the impact on the level of service (LOS) for the abutting roadways and unsignalized/signalized intersection resultant from the trips generated by the proposal. 12. Trip Distribution and Assignment. Trip distribution for the proposed development. For developments expected to generate more than thirty (30)30 truck trips per day, the study shall include separate trip distribution figures for trucks. 13. Forecast Performance Without the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ratios of the transportation system without the development in the year that each phase is planned to be complete and in the horizon year. 14. Forecast Traffic Volumes with the Development. Forecast traffic volumes with the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence and in the horizon year. 15. Forecast Performance with the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ratios of the transportation system with the development in the year that each phase is planned to be complete and in the horizon year. 16. Sight Distance. A safety analysis of the site accesses and an assessment whether adequate sight distances are provided at driveways and streets abutting the development. 17. Operational Characteristics. Analysis of prevailing operating speeds, if significantly different than speed limits, right and left turn lane warrants, queue lengths, acceleration and deceleration lanes, including lengths and tapers, throat lengths, channelization, and other characteristics of the site accesses, which exist and may be needed, as appropriate. The traffic impact study shall address whether driveways and intersections are located and spaced safely and designed to accommodate expected traffic volumes and maneuvers. The operational characteristics analysis shall also evaluate the turning and traveling characteristics of the vehicles that will be using the proposed development and the adequacy of the geometrics of the existing and proposed roadway (public and/or private) configurations to accommodate these characteristics. 18. Crash Analysis. Analysis of crash data in accordance with the Highway Design Manual and an identification and description of specific mitigation measures. 19. Multimodal Analysis. Analysis of multimodal site access, safety analysis, and pedestrian considerations and an identification and description of specific mitigation measures. a. On-Site Circulation. The traffic impact study shall address whether onsite vehicular and pedestrian circulation and parking layouts are safe and efficient. b. Significant Impacts. Analysis as appropriate of any potential adverse or controversial effects of the proposed development on the transportation system in the area. Examples of possible effects include, but are not limited to, infiltration of non-residential traffic into residential neighborhoods, traffic noise, creation of potential for traffic violations, conflicting turning movements with other driveways, any new pedestrian or bicycle transportation needs arising from the development, etc. c. Mitigation Measures and Costs. i. Listing of all intersections and road segments that are forecasted to be level of service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to be complete, and an identification and description of specific mitigation measures, including signal, turn lane, or other warrant analyses as appropriate and necessary to bring these intersections and road segments into compliance with a level of service "C" or other City adopted level of service for said road segment or intersection. ii. If roadway improvements are needed, the study shall show a drawing for all recommended lane configurations. iii. If signalization is warranted by the traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant analysis shall also be conducted as a part of the traffic impact study. If a traffic signal is warranted, the warrant package in the study shall show a drawing detailing the signal design and phasing plans. iv. The estimated cost associated with implementing all such mitigation measures shall be provided in the traffic impact study. v. The traffic impact study may consider any City/County/Stateapproved roadway, traffic signalization and other improvements in determining mitigation measures and providing recommendations. d. Alternative Transportation. Alternative transportation (sidewalk, bicycle, transit) needed because of the study, shall be identified. Should the proposed development require multimodal improvements, mitigations factors must be included and will be included as a condition of Final Plat or Certificate of Occupancy approval. e. References. A listing of all technical documents and resources cited or consulted in preparing the traffic impact study. f. Technical Appendix. Relevant technical information, including, but not limited to, copies of raw traffic count data used in the analysis, calculation sheets and/or computer software output for all LOS and V/C calculations in the analysis, warrant worksheets for signals, turn lanes, and signal phasing, etc. used in the analysis. 16.1.7 Additional Technical Specifications. The City is further authorized to promulgate and require the use of additional technical specifications for conducting traffic impact studies, which shall be consistent with analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control Devices, and/or Traffic Access and Impact Studies for Site Development: A Recommended Practice (Washington, DC: Institute of Transportation Engineers, 1991), as may be amended or republished from time-to-time. 16.1.8 Cost and Fees The City assumes no liability for any costs or time delays (either direct or consequential) associated with the preparation and review of traffic impact studies. There shall be no application review fee for a traffic impact study. 16.1.9 Submittal and Review A. Submittal. The applicant for the proposed development or the qualified professional shall submit a copy of the traffic impact study and technical appendix to the Public Works Department. B. Review. Within ten (10) working days of receipt of a traffic impact study, the Public Works Department shall review all calculations and analyses and determine if they are complete, reasonable, understandable, consistent, and fully explained. The Public Works Department shall return the traffic impact study to the development applicant for correction. C. Recommendations for Mitigation of Impacts. Within 15 working days of receipt of a completed traffic impact study, the Public Works Department must complete the review of the study and submit to the Community Development Director, or their designee, all recommendations for mitigation measures as stated in the traffic impact study and include any interpretations or recommended conditions of approving the development proposal that will mitigate traffic impacts of the proposed development. D. Determination of Project and System Improvements. 1. The Public Works Department will determine which mitigation measures constitute “project” improvements and which mitigation measures constitute “system” improvements within the context of the Georgia Development Impact Fee Act of 1990. 2. If a particular improvement is called for in the traffic impact study or recommended by the Public Works Departments, and the Department is unable to uniquely attribute the recommendation as a project or system improvement or finds that such improvement has characteristic of both a project improvement and a system improvement, the Public Works Departments, with the assistance of the Community Development Director, will determine the proportion of the cost of such improvement(s) that can reasonably be attributed to the development as a project improvement, and the portion of such improvement that can reasonably be considered a system improvement. E. Conditions of Development Approval. Upon the determination of project improvements needed to mitigate the traffic impacts of the development proposal as provided in this UDC, the Public Works Department may recommend the project improvements be completed by the developer as conditions of approval of the development proposal. F. System Improvements. The Public Works Department shall include system improvement recommendations in the conditions for approval of the development plan. 16.2 Minimum Design Standards 16.2.1 In General A. The location, arrangement, extent, width, and grade of all streets shall conform to the Comprehensive Plan and the Comprehensive Transportation Plan and shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the streets. The layout of a subdivision shall conform to the requirements and design principles described in this UDC. B. The location of all streets and roads shall conform to the Comprehensive Plan and the Comprehensive Transportation Plan. Provision shall be made in developments for the construction of streets at locations shown in the Comprehensive Plan and Comprehensive Transportation Plan. C. Whenever a tract to be subdivided includes any part of a major arterial, minor arterial, major collector, or minor collector street designated on the Comprehensive Plan or Comprehensive Transportation Plan such part of said street shall be installed by the applicant in the location and at the full width indicated by the functional classification for right-of-way and pavement widths indicated in this UDC. 16.2.2 New Subdivisions In order that the various purposes of this Chapter may be accomplished, all subdivisions hereafter established shall be developed and improved in accordance with the minimum design standards set forth in this Chapter. Final Plat approval shall not be given to any subdivision until all appropriate design standards have been met and until all appropriate required improvements have either been installed or an appropriate bond or certified check has been posted to secure the installation of such improvements. No subdivision shall be accepted for review under these regulations which do not conform with this UDC. 16.2.3 Recorded but Unopened Parcels recorded prior to the effective date of these regulations which abut an unopened street shall not be developed until such street or portion thereof has been opened and constructed according to this UDC. 16.2.4 Re-Subdivision of Lots within a Recorded Single-Family Subdivision A. Lots within a recorded subdivision for single-family detached units designed to be developed as a unified whole shall not be further subdivided if such re-subdivision results in any of the following: 1. The re-subdivision creates lots of such size or shape which would alter or change the character of the recorded single-family subdivision; and/or 2. The re-subdivision adversely impacts the visual quality or consistency of the established development pattern. 16.2.5 Water Main Design and Construction Standards All developments shall comply with the minimum standards as regulated by the Public Works Department, as applicable and amended. 16.3 Streets 16.3.1 General A. No person shall do any paving work, or any other related or similar roadwork, on, or adjacent to, a City street without a permit. B. All transportation system design, street design, and construction for non-local roadways shall comply with Georgia Department of Transportation (GDOT) requirements. The latest edition of the GDOT manual, "Standard Specifications, Construction of Roads and Bridges," shall apply. C. Where conflict arises between GDOT standards and this Section concerning non-local roadways, the stricter standard shall apply. Design of local roadways shall be governed by the policies as stated within the UDC; however, construction methods/practices of said roadways shall be governed by the stricter of the GDOT standards and the UDC. D. All materials, equipment, labor, and other matters related to street construction shall be provided by the applicant. The following is a summary of the improvements required: 1. All streets, roads, and alleys shall be graded to their full width right-of-way by the applicant so that the pavements and sidewalks, when installed in the future, can be constructed on the same level plane. The preparation of the right-of-way before grading is started and the construction of cuts and fills shall be accomplished according to the specifications of the City. 2. An as-built subgrade centerline profile shall be submitted to the City. The profile shall include both proposed and as-built centerline elevations at every even station. No curb and gutter or waterlines shall be installed prior to subgrade approval. 3. An adequate drainage system, including necessary curb, pipes, culverts, headwalls, intersectional drains, drop inlets, bridges, swale ditches, and detention areas, shall be provided for the proper drainage of all surface water. The drainage system shall be designed by a registered professional engineer, licensed in the State of Georgia. E. After preparation of the subgrade, the roadbed shall have base material and paving applied according to City specifications. F. Design speeds, typical Sections of roadway, maximum superelevation rates, and other roadway design items are to be set by City of Stockbridge on an individual basis. G. Alleys may be provided at the rear of lots. H. Roadways may be created or established by: 1. Dedication; 2. Prescription; 3. Express grant of an easement; 4. Deed; 5. Special statutory proceeding; or 6. Condemnation. 16.3.2 Private Streets and Drives A. Private Drives. 1. Definition. Private drives are defined as sub-standard private accessways providing access to more than one parcel where one or more of those parcels lacks direct frontage on a public or private street. Private drives are located within the boundaries of the parcels they serve and are not subdivided or dedicated as right-of-way. Private Drives are subject to the following classifications and regulations outlined herein. 2. Standards for Private Drives. All private drives shall meet the following standards: a. Shall be located within a recorded private access easement and shall comply with applicable property owners’ association and maintenance requirements. b. No new platted lots of record may be created or subdivided using an existing or future private drive for access. c. Private drives are only permitted to serve existing platted lots of record or lots deeded prior to the original adoption of zoning regulations in Madison County. d. Private drives shall serve no more than one (1) lot. e. Where a deficient private drive exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with Section 16.3.43, Requirements for New and Redevelopment Streets. B. Private Streets. 1. Definition. Private streets are defined as privately owned and maintained accessways which serve as the primary means of vehicular access for multiple lots or units within a development. Unlike private drives, private streets are constructed within a platted and recorded access easement or parcel but are not dedicated to or maintained by a public agency. Private streets are intended to function similarly to public streets in terms of connectivity, design, and emergency access, and are subject to the design, construction, and maintenance requirements outlined herein. 2. Standards for Private Streets. All private streets shall meet the following standards: a. Shall provide a private access easement and comply with property owners’ association requirements and maintenance requirements. b. Shall meet construction standards for public streets provided herein. c. Shall require approval from the Mayor and City Council. d. Where a deficient private street exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with the Section 16.3.4XX, Street Design StandardsRequirements for New and Redeveloped Streets. e. Upon compliance with all of the provisions of the UDC, building permits may be issued for building on private street upon the applicant signing a "statement of understanding" that said roadway is a private street and that the City assumes no responsibility for the maintenance of said road until such time as it becomes feasible and advisable to accept said roadway as a "City Street." At such times, the City shall accept said road as a City street provided that the property owners along said road convey the minimum width required by the City. C. General Standards for Private Streets and Drives. 1. Private Access Easements. All private streets or drives shall be located within a recorded private access easement that meets the following standards: a. Shall cover the length of private streets or drives that connect directly to federal, state, or locally maintained road or private street. b. Shall have a minimum width of 30 feet. 2. Property Owners Association Requirements. Any private drive serving multiple properties shall be maintained by a mandatory property owners association, which shall include: a. Mandatory membership for all property owners of lots served by the private drive or street. b. Responsibility for road maintenance, insurance, and tax obligations. c. Equitable cost-sharing provisions for all lot owners. d. Authority to place liens on the real property of members who fail to pay dues or assessments. 3. Maintenance. a. The City shall not maintain, repair, resurface, rebuild, or otherwise improve streets, signs, drainage improvements, or any other appurtenances within general purpose public access and utility easements established for private streets or drives. b. Permanent repairs to the streets or drives shall be made by the homeowners’ associations or other entity having maintenance responsibility for the development. Driveways and sidewalks will be repaved, sodded or landscape areas will be graded, smoothed, reseeded or resodded, where appropriate. c. A private maintenance covenant recorded with the Clerk of the Superior Court shall be required for any private street or drive and other improvements within general purpose public access and utility easements established for private streets or drives. The covenant shall address: i. Allocation of expenses; ii. Remedies for noncompliance; iii. Use and access rights; and iv. Other terms as necessary to ensure long-term maintenance. 4. Final Plat Requirements. a. Recordation of a Final Plat is required to establish all private streets or drives. Additional plat process may be required, based on the applicability found in Chapter 14, Subdivisions and Platting ProceduresSubdivisions. b. No final plat involving a private street or drive shall be approved for recording unless it contains the following: i. Deed book and page reference to the recorded maintenance covenant and access easement(s). ii. Maintenance Statement: "The City of Stockbridge has no responsibility to build, improve, maintain, or otherwise service the private streets/drives, drainage improvements, and other appurtenances contained within the general public purpose access and utility easement or easements for private streets shown on this plat." iii. Grant of Easement: "The general purpose public access and utility easement(s) shown on this plat for private street/drive(s) are hereby granted. This grant shall be construed to authorize access for the City and utility providers for the installation and maintenance of infrastructure, including electric, gas, water, sewer, telecommunications, and fiber optics, with rights of ingress, egress, and vegetation maintenance as necessary." iv. Compliance with all bonds and phasing of improvements shall be required for private streets as if it was to be publicly dedicated, unless a specific provision is determined not to be applicable by the Community Development Director. 16.3.3 Street Construction Methods A. Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for the work covered in reference to street construction shall conform to the latest specifications of the Georgia Department of Transportation. B. Grading, Clearing, and Grubbing. 1. The contractor may begin clearing and grubbing the project after: a. A development permit has been issued by the city; b. A pre-construction conference has been held; and c. All required silt and erosion control measures have been installed and approved. 2. All trees, stumps, logs, roots, grass, weeds, poles, and other objectionable matter shall be cleared and grubbed from within the construction limits of the project. 3. No rubbish or other material resulting from the clearing and grubbing of the roadway shall be buried at the site. 4. If burning is permitted, all burn pits shall be located outside of the roadway construction limits. After burning, the pit shall be cleared out. A city inspection is required prior to backfilling and must be shown on the final plat. C. Excavation. 1. Any stones, broken rock, or boulders resulting from the grading of the roadway may not be placed in any roadway fill area except when approved by the Public Works Department. 2. During the construction of the roadway on a day-to-day basis, the roadbed edges shall be kept lower than the center and the grading shall be done so that the surfaces of the excavated areas and fill shall be kept reasonably smooth and well drained. Adequate surface ditches shall be cut at the tops of cut slopes, extending to each end of the cuts in order to carry the water from the side hill. Side ditches or gutters emptying from cuts to fill areas shall be turned outward so as to prevent erosion of the fill slopes. D. Subgrade Preparation for all Streets. Subgrade preparation shall be in accordance with Georgia Department of Transportation specifications. E. Removal of Unsuitable Material. If any sections of the subgrade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized. F. Compaction. Fill shall be placed in uniform, horizontal layers not more than six (6) inches thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95 percent (95%)95% of maximum dry density except for the top 12 inches which shall be compacted to 98 percent (98%)98% of maximum dry density. G. Brought to Line and Grade. After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades, and typical roadway section shown on the plans. H. Roadway. 1. The entire roadbed shall be scarified and compacted with a sheep's foot or other approved rollers. 2. After all excavation has been completed and all fills have been placed, the entire road bed surface shall be finally shaped with a grading machine supplemented with hand work whenever required to secure a smooth surface and uniform cross-section. 3. Slopes of cuts and fills shall also be carefully shaped to the true section specified. 4. When final shaping is finished, the road surface shall conform accurately to the line, grade, and cross-section shown of plans, and no roots, sod, grass, stones, or other unsuitable material shall remain in the top 12 inches of the finished roadbed. 5. All ditches and drains shall be opened to effectively drain the roadway. I. Utility Trenches to be Compacted. All utility crossings within the right-of-way must be installed prior to subgrade approval. All manhole covers must be flush with top of intermediate course if there is a delay in applying the final surface course for new roadway pavement. Manhole covers will be required to be adjusted flush when final surface course is installed. Utility trenches cut in the subgrade shall be backfilled as specified herein. Compaction tests at the rate of 1 per 150 feet of trench shall be provided to verify compaction. J. Curb and Gutter. 1. After sanitary sewer lines have been installed, all storm drainage in place, and the final finishing of the roadway has been approved by the director or designee, and the centerline profile has been approved, the installation of the concrete curb and gutter may begin. 2. Any curb and gutter which does not conform to a true section, texture, line, and grade shall be removed and replaced as approved by the Public Works Department. 3. Water lines shall be installed after installation of the curb and gutter. K. Roll Testing Required. The subgrade must pass roll testing prior to placement of the base material. The roll test of the subgrade and base material shall be observed and approved by the Public Works Department prior to paving. L. Temporary Traffic Surface. When the street is to be used for construction traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving. M. Provisions to drain low points. Provisions shall be made to drain low points in the road construction when the final paving is delayed. A break in the berm section is required when the curbing has not been constructed. Drainage under the curb to side slopes after installation is required, using minimum four-inch diameter pipe sections. Vegetated or stabilized swales should be considered for managing road construction runoff. 16.3.4 Requirements for New and Redeveloped Streets A. General Standards. 1. All improvements shall be constructed and dedicated by the developer. 2. Proposed street layouts shall interconnect within a development and with adjoining development as often as possible. 3. Half streets shall be prohibited except where essential to the reasonable development of the subdivision and approved by the Public Works Department. 4. Any subdivision or development with access onto a highway, arterial, or collector street shall provide lanes for deceleration, ingress, and egress, as approved by GDOT on state roads and approved by the city on non-state roads. 5. Any subdivision or development which access onto an arterial or collector road shall be required to design and construct a left turn lane, if GDOT criteria are met. The developer will be responsible for the acquisition of right-of-way and relocation of utilities. 6. Minimum radius for cul-de-sacs shall be 40 feet from the back of curb, except for commercial or industrial areas, where the minimum radius shall be 55 feet from the back of curb. 7. The following street specificationsTable 16.3.4, Street Specifications for NonState Maintained Roads isare provided for non-state maintained roads within the limits of the City. Table 16.3.4 – Street Specifications for Non-State Maintained Roads Street Type Minimum Right-ofWay/Easement width Minimum Pavement widths1 with curb and gutter Minimum Pavement widths1 without curb and gutter Major Arterial 100 feet 52-53 feet 48 feet Minor Arterial 80 feet 28-29 feet 24 feet Collector 80 feet 28-29 feet 24 feet Local (Residential) 50 feet 28 feet Prohibited Local (Nonresidential) 60 feet 28 feet (commercial) Prohibited Cul-de-Sac (Residential) 80 feet 80 feet Prohibited Cul-de-Sace (Nonresidential) 110 feet 110 feet Prohibited Alley N/A 20 feet 20 feet 30 feet (industrial) 1 = The City may require additional right-of-way and pavement width in specific situations. Roadways with medians and/or additional language will require extra right-of-way and pavement widths. B. No Parking. No parking areas shall be established for the use of fire equipment and emergency vehicles to ensure access to the premises in cases of emergency, as approved by the Fire Marshal. Said areas shall be marked "Fire Lane-No Parking." 16.3.5 Street Construction Standards A. Minimum Standards. 1. Road design and construction must comply with the minimum standards as shown in Table 16.3.5, Roadway Construction Standards. Table 16.3.5 – Roadway Construction Standards Street Type Surface Topping Plant Mix Local (up to 40 residential lots) 2 inches of 12.5mm superpave1 Local (41 to 100 residential lots) 1.25 inches of 9.5mm superpave1 Local (over 101 residential lots) 1.5 inches of 12.5mm superpave1 Tack Coat Asphalt Binder Course Prime Application Base Construction 0.20-0.25 GAL/square yard 0.04-0.06 2 inches of GAL/square 19mm yard superpave1 6 inches GAB Local (Commercial) 3 inches of 19mm superpave1 Local (Industrial) 4 inches of 25mm superpave1 Collector Arterial 8 inches GAB 10 inches GAB 1 = Superpave mix with hydrated lime (Level 1) B. 2:1 maximum slope allowed (2:1 or flatter) for fill areas and back slopes. C. Subgrade. 1. Before placing any pavement base, the entire surface of the subgrade shall be plowed, harrowed, and mixed to a depth of at least six (6) inches. If a subgrade stabilization material is required, then it shall be incorporated into the subgrade at this time. 2. After the material has been thoroughly mixed, the subgrade shall be brought into a proper line and grade and compacted to one hundred percent (100%) of maximum dry density just prior to placing the base material. 3. The centerline profile shall conform to the established elevations with an acceptable tolerance of one-half (0.5) inch. 4. The acceptance crown tolerance shall be one-half (½) inch. D. Roadway Graded Aggregate Base Requirements. 1. The Department shall be notified twenty-four (24)24 hours prior to the placing of any base material. 2. The Department may authorize the placing of the base material after all equipment necessary for the proper construction of road base is on the project and the subgrade has been brought to the proper line, grade, and crown and compacted to the required density. 3. The Department shall check the completed base course after the base material has been placed and compacted to the required density. All areas found to be deficient shall be marked and corrected before any asphalt pavement is placed. Areas where the crown is found to exceed that which is specified or the exposed edge of the concrete gutter is less than the minimum depth required, shall be reshaped and rolled to obtain the required cross-section. 4. After the compacted material has been approved, field tests shall be taken by the field contractor and by a professional engineer to determine the thickness of the constructed base course. a. Tests shall be taken at (400)400 feet intervals alternating between each lane and center of roadway. b. Measurements shall be taken per GDOT standards, c. Areas found to be deficient in thickness shall be corrected as directed by the Department. No asphalt course shall be placed until deficiencies in base have been adequately addressed. 5. A copy of all delivery tickets for the graded aggregate base material shall be furnished prior to placing any asphaltic concrete paving material. A shortage in the base material used shall require that the asphaltic concrete surface course thickness be increased. 6. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Public Works Department. E. Paving. 1. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Department. 2. All asphaltic concrete material and construction shall be in accordance with GDOT standards for "hot mix asphaltic concrete construction". 3. The Department shall check the cross-section of the finished pavement. Any area found to be deficient shall be marked and a record of deficiencies made by the director or designee. 4. If, in the opinion of the Department, the extent of deficiencies will impair the performance of the pavement, the Department shall direct that an overlay of a minimum thickness of one (1) inch be placed before the roadway is opened to traffic. 5. A copy of the delivery tickets for the asphaltic concrete material used shall be furnished to the Department at the time of completion of the work. If the delivery tickets indicate a shortage in the material used from the quantity estimated, then the Department may require a minimum one (1) inch overlay of the streets. 6. The base thickness is to be measured and accepted by the City prior to placement of any asphalt course. The applicant shall have core tests made to verify the thickness and compaction of the two-inch asphalt pavement course. a. The minimum core diameter shall be such that compaction of the sample can be determined in the lab and subsequent data supplied to the Department. b. The compaction of the course shall be required to meet Georgia Department of Transportation (GDOT) specifications per the asphalt mix placed. c. If a two (2) course asphalt section is required, the cores for the binder layer shall be cut, reviewed, and approved by the Department prior to placement of the topping lift. Also, in the event that a two (2) course asphalt section is required, the cores for the topping lift, if between one and one-half (1.5) inch and one and one-quarter (1.25) inch in thickness, shall be made to determine the thickness only. d. All cores shall be made on 400 foot intervals, alternating between each lane and center of roadway. If these cores indicate a deficiency in thickness or compaction of the asphalt pavement, an overlay shall be required when the following deficiencies occur: i. When the number of cores deficient in thickness within the allowable one-quarter (0.25) inch tolerance, or deficient in compaction exceeds 35% of the total cores taken on one (1) street; or ii. When two (2) or more consecutive tests show a deficiency of more than one-quarter (0.25) inch allowable tolerance or a deficiency in compaction. When a core shows a deficiency in excess of the allowable tolerance or compaction, additional cores shall be taken to delineate the area of the deficient thickness/compaction. 7. The applicant shall correct any deficiency with an overlay extending a minimum of 150 feet beyond the outer limits of the deficient area for the full width of the street. Smooth, neat joints shall be saw cut normal to the roadway for full depth of asphalt pavement, removing the original pavement for a minimum of ten (10) feet at each end of the overlay. The thickness of the overlay shall be determined by the depth of the deficient area and shall not be less than one and one-quarter (1.25) inch in compacted thickness. The type of material used in the overlay shall be specified by the Department. F. Shoulder and Drainage Improvements. After the paving has been inspected and approved, the pavement edges or behind the curb and gutter shall be backfilled and compacted and the ditches and back slopes properly graded, shaped, seeded, and mulched. An 80% stand of grass shall be obtained. All swales and ditches excavated below required depth shall be backfilled and compacted to 95% of maximum dry density. G. Horizontal Alignments. 1. The radius of horizontal curves on local residential streets within a subdivision shall be no less than two hundred (200)200 hundred feet. 2. The radius of horizontal curves on non-residential streets shall be no less than three hundred (300300 hundred) feet. 3. The horizontal radius for collector and arterial streets or any streets with a design speed of more than twenty-five (25)25 miles per hour shall comply with the latest version of the American Association of State Highway and Transportation Officials (AASHTO) standards. 4. The minimum tangent lengths on non-residential streets is 100 feet. 5. The minimum tangent lengths on roadways with superelevation are governed by the minimum runoff and runout lengths necessary to adequately transition the superelevation rates required for the curvature based on the design speed and maximum allowable superelevation rate of the roadway. 16.3.6 Street Grades and Design Speeds A. Local and Collector Streets. Maximum grade for all local and collector streets shall be 12%. B. Arterial Streets. Maximum grade for all arterials shall be five percent (5%). C. All changes in grade must be connected by vertical curves which adhere to the design criteria as set forth by the current edition of the American Association of State Highway and Transportation Officials (AASHTO) Guide. 16.3.7 Curbs and Gutters A. Curb and Gutter Required. All new streets shall be provided with curb and gutter. All gutters shall drain smoothly with no areas of ponding. B. Gutter. Gutters shall be a minimum of 18”. C. Curbing. Curbing shall meet the following requirements: 1. Profile. All curbs shall be L-back curbs. 2. Curb Section. a. Residential Streets. Typical minimum section shall be 28” x 6” b. Major Thoroughfares. Typical minimum section shall be 30” x 6” for travel lanes along roadways with a posted speed limit of 40 miles per hour or 45 miles per hour. 3. Material. All curbs shall be constructed of Portland cement concrete. 4. Curbs shall be designed to provide handicapped access at street intersections, wherever sidewalks are constructed. D. Construction Methods. Curb and gutter shall be set true to line and grade, horizontal be field staked, and finished to the section shown on the plans. The grade of the new gutter shall be placed one inch (1") above the pavement grade in areas where drainage will not be adversely affected. 1. Line and grade shall be field staked for grades less than two percent (2%) and grades over 12%, and within 100 feet in both directions from all low points. 2. One-half inch (0.5") expansion joints or pre-molded bituminous expansion joint material shall be provided at all structures and radius points, and at intervals not to exceed 250 feet in the remainder of the curb and gutter. 3. Inferior workmanship or unprofessional construction methods resulting in unacceptable curb and gutter will be cause for rejection of the finished work. 4. Disturbed areas along all curbing shall be backfilled, stabilized, and grassed. 16.3.7 Street Intersections A. Angle of Intersection. 1. Intersections shall be generally be at right angles. 2. Shall not be at an angle of less than 80 degrees or more than 100 degrees on residential streets, unless approved by the City. 3. Shall not be at an angle of less than 90 degrees or more than 100 degrees for nonresidential streets, unless approved by the City. B. Curb Radius. 1. The minimum curb radius at street intersections shall not be less than 25 feet in residential subdivisions. 2. The minimum curb radius of street intersections for nonresidential streets shall be 50 feet. 3. For streets/roadways to have a dual lane exit, the exit curb radius shall not be less than 75 feet. 4. Where a City collector or an arterial roadway intersects with another City collector or arterial roadway the minimum radii at the intersection shall be 50 feet. C. Street Intersection Standards. 1. Pedestrian ramps shall be designed for all intersections in accordance with standard drawings for subdivisions and residential developments designed to include sidewalks and shall meet the minimum standards in the Georgia Accessibility Code. The curb shall be depressed to accommodate future installations at the same time as the curb. 2. Interior subdivision street intersections shall have a minimum centerline offset of at least one hundred twenty-five (125)125 feet when not aligned directly across from one another. D. Visibility at Intersections. 1. Corner Lots. On corner lots within all zoning districts, no fence, shrubbery, or other obstruction shall be placed within the sight line triangles that blocks or disrupts the line of sight based on a driver eye height of three and one-half (3.5) feet located 14 feet from edge of travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective lane. However, street signs, streetlights, mailboxes, or similar shall be permitted within the sight line triangles. 2. Intersection Sight Distance. a. Curb cuts shall be placed to provide for the minimum intersection sight distance based on the intersecting road's posted speed limit as shown in Table 16.3.7.D.2.A Intersection Sight Distance. Table 16.3.7.D.2.A – Intersection Sight Distance Speed (MPH) Intersection Sight Distance 25 280 30 335 35 390 40 445 45 500 50 555 55 610 Source: 2018 AASHTO Green Book b. The intersection sight distance is measured using a driver-eye height of three and one-half (3.5) feet and an object height of three and one-half (3.5) feet with the driver eye being located 14 feet beyond the edge of the travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective oncoming lane. c. Intersection sight distance shown in Table 16.3.7.D.2.A, Intersection Sight Distance is for a stopped passenger car to turn left onto a twolane highway with no median and grades three (3) percent or less. For other conditions, the time gap should be adjusted and the sight distance recalculated per AASHTO standards, latest edition. 3. Stopping Sight Distance. a. The minimum centerline stopping sight distance shall be designed relative to the design speed of the street as shown in Table 16.3.7.D.3.B, Stopping Sight Distance. Table 16.3.7.D.3.B – Stopping Sight Distance Formatted Table Speed (MPH) Centerline Stopping Sight Distance Minimum crest curve “k” Minimum sag curve value “k” value 25 155 12 26 30 200 19 37 35 250 29 49 40 305 44 64 45 360 61 79 50 425 84 96 55 495 114 115 Source: 2018 ASSHTO Green Book b. The centerline stopping sight distance shall be measured above the centerline using a driver eye height of three and one-half (3.5) feet and an object height of six (6) inches. c. Where there is an intersecting street on or near the vertical curve, the minimum "k" value may not provide for the minimum intersection sight distance requirement. If this is the case, the "k" value for the crest curve will need to be increased in order to obtain the minimum intersection sight distance required. E. Maximum Grade. Street intersections should be designed with a flat grade wherever possible, but in no case should the grade exceed 2 percent (2%) in normal situations (or 4 percent (4%) in topographical hardship situations on local streets). F. Islands. Islands in street intersections shall conform to the design requirements of the standard drawings. In no case shall anything in an island extend more than three feet above the street grade within the right-of-way, except traffic regulatory devices and other infrastructure erected or approved by the City. No island shall be approved which contains less than 100 square feet. 16.3.8 Traffic Control Devices A. Traffic Control Signs. The installation of street signs, traffic control signs, and devices such as striping and signalization, shall be coordinated with the Department, and provided through payment of fees to the appropriate agency. B. Street Name Signs. 1. The director shall determine the need and location of street signs within a subdivision. 2. The standard steel street posts or wooden four-inch by four-inch posts with horizontal reflectorized street name plates with four-inch letters shall be furnished and installed by the City. C. Traffic Signals and Signs. All traffic signals and signs shall conform to the Manual on Uniform Traffic Control Devices (no decorative traffic control devices will be allowed). 16.3.9 Traffic Calming Devices A. Traffic Calming Devices shall be compatible with standards outlined in the Georgia Department of Transportation and shall be recognized by the Institute of Transportation Engineers (ITE). B. Private streets shall be designed in accordance with the above so as to encourage and maintain maximum operating speeds of no more than 25 mph. The maximum length of roadway section between speed control points shall be 500 feet. C. A traffic-calming plan is subject to review and approval by the Public Works Department based, in part, on a warrant analysis based in accordance with the generally accepted standards of the Institute of Transportation Engineers (ITE). 16.3.10 Transitional Requirements All established streets shall comply with the following general provisions: A. Permanent dead-end streets. 1. Local streets designed to have one (1) end permanently closed and not connected with any existing street, proposed future street, or not intended to extend to the property line of an adjacent tract, shall be no longer than seven (7) times the lot width required by the underlying zoning district, unless necessary due to the topographic or other physical conditions of the property. 2. Dead-end streets, designed to be such permanently, shall be provided at the closed end with a paved turnaround having an outside diameter of not less than 80 feet, and a right-of-way diameter of not less than 110 feet. 3. Dead-end streets, designed to be such permanently, that exceed more than 800 feet in length may be required to have a cul-de-sac for emergency vehicles, as approved by the Fire Marshal. B. Temporary dead-end streets. 1. Stub Street. Stub streets, which are intended to provide access for future development within a tract of land or adjacent lands, shall be required to have a temporary turnaround area having a diameter of not less than 80 feet, consisting of six (6) inches of graded aggregate base. 2. Temporary dead-end streets which extend for a distance greater than 150 feet shall be provided with a temporary turnaround having a diameter of 80 feet. Said temporary turnaround shall be so constructed as to ensure a surface resistant to erosion and so drained as to prevent damage to abutting properties. Temporary dead-end streets of 150 feet or less shall be provided with an earth barrier, fence, or similar physical barricade at the dead end. Provisions shall be made for the future extension of the streets and reversion of the excess right-ofway to the adjoining properties. 3. For subdivisions with a temporary turnaround, it shall be required of the applicant to provide a letter of credit equal to the cost of permanent cul-de-sac construction C. Additional paved surface width. 1. Any proposed development that includes a platted street containing a driving surface width of less than that required or deficient based on construction, material, or facility standards (e.g.: a lack of sidewalks) by this UDC shall provide for the improvement of said street so that the minimum standards required by this Article are improved by the developer along the full length of the subject property frontage. If the proposed subdivision abuts only one side of said street, then a minimum of half of the required extra surface shall be provided by the developer. 16.4 Drainage Standards for Streets 16.4.1 General A. All storm drain pipes or culverts carrying stormwater from the street and adjacent property or through lots in the subdivision shall be extended to ten (10) feet from the rear property line. 1. Stormwater shall be released into a channel or swale without causing scouring, erosion, or resulting in sedimentation of the receiving channel. 2. The outlet channel shall include structural and vegetative measures to assure nonerosive velocities of stormwater. B. Installations, backfilling, and compaction around drainage pipes shall be in accordance with Georgia Department of Transportation (GDOT) specifications. All pipes shall have a minimum cover of 18 inches from the bottom of the road base, and head walls or inlet basins constructed at the ends of the pipes. C. The design of drainage structures shall be based on the GSMM standards. D. Piped collection systems for public streets (catch basins, inlets, cross drains, longitudinal piping), shall be designed for the 25 year25-year storm. E. Road culverts, which carry live streams, shall be RCP and off-site drainage shall be designed for the 100 year100-year storm and the developer's engineer is to provide a no-rise certification letter. F. Cross drainpipes within the public rights-of-way shall be designed and constructed at or near a 90 degree angle with the roadway centerline. Where a slight skew is necessary, the pipe shall be placed within an 80 to 100 degree angle with the roadway centerline. G. Longitudinal pipes along a curved section of roadway shall be located on the inside of the curve to avoid pipe beneath the roadway footprint. In the event that the longitudinal pipe needs to be along the outside of the curve, the pipe shall be wholly located outside the limits of the curb and gutter by use of additional junction boxes. H. For pipe at a cul-de-sac location, all pipe shall be wholly located outside of the footprint of the curb and gutter that encircles the cul-de-sac. 16.4.2 Minimum Design Standards A. All of the materials, methods of the construction, and workmanship for the work covered in reference to stormwater conveyance facility construction shall conform to GDOT standards. B. Allowable pipe material for all applications in drainage easements and public street rights-of-way, except as specified below, are aluminum-coated (Type 2) corrugated steel pipe (ASP), corrugated aluminum alloy pipe, smooth-lined corrugated high density polyethylene pipe (HDPE), or reinforced concrete pipe (RCP). C. For roads constructed with public funds, either wholly or in part, or roads classified as major thoroughfares, materials which meet the GDOT design standards shall be used unless an alternative is specifically approved by the City. D. Only reinforced concrete pipe (RCP) shall be used for all dams nine (9) feet or more in height with an impounding capacity of 20 acre-feet or more unless the Georgia Safe Dams Program requires another material. E. Reinforced concrete pipe (RCP) shall be used under non-local roads when the ADT is greater than 15,000 vehicles per day (vpd). Reinforced concrete pipe (RCP) or smoothlined corrugated high density polyethylene (HDPE) pipe shall be used under nonlocal roads when the ADT is less than 15,000 vpd. F. The Department may approve an alternative pipe material with the recommendation of an engineer registered in the State of Georgia. 16.4.3 Pipe and Pipe Coating Requirements A. Pipe Standards. 1. Reinforced Concrete Pipe (RCP). a. Reinforced concrete pipe shall be in no less than eight (8) foot joint lengths. b. All joints shall be bell and spigot type, with a rubber gasket conforming to ASTM C-443. c. Pipe shall be manufactured in accordance with AASHTO M-170 and/or ASTM C-76. d. Class of pipe and wall thickness shall be in accordance with 1030-D, Georgia DOT specification, Table No. 1. 2. Aluminum-Coated (Type 2) Steel Pipe. a. Pipe coating shall comply with AASHTO M-274. b. Pipe fabrication shall comply with AASHTO M-36. c. Pipe material and fabrication shall comply with AASHTO M-196. 3. Smooth Interior Corrugated Polyethylene Pipe. a. This specification applies to high density polyethylene corrugated pipe with an integrally formed smooth-lined interior (HDPE). HDPE pipe manufacturers shall be approved by the director. b. This pipe shall conform to the requirements of AASHTO M-294, Type S. c. Joints shall be as recommended by the manufacturer and approved by the City. Connections shall create a soil tight joint at a minimum and shall use a rubber gasket, which conforms to ASTM F-477. d. Installation shall be in accordance with ASTM Recommended Practice D2321, AASHTO Section 30, or as specified by the City. e. Certification from the manufacturer that the product was manufactured, tested, and supplied in accordance with this specification shall be furnished to the City upon request 4. The Department shall determine the minimum acceptable combinations of gages, diameters, and corrugation configurations for corrugated aluminum alloy pipe and pipe arches, and for corrugated aluminum-coated steel pipe and pipe arches. 5. Each end of each pipe section, to be joined by a coupling band, shall have a minimum of two (2) annular corrugations. Coupling bands shall be so constructed to lap on an equal portion of each of the pipe sections to be joined. The connecting bands shall have a minimum of two (2) annular corrugations and fully engage, over the entire pipe periphery, one (1) corrugation on each pipe. Bands shall be fabricated from the same material as the pipe. The minimum band gauges for aluminum pipe and aluminized pipe shall be as specified in AASHTO M-196, Section 19, and AASHTO M-36, Section 9, respectively. 6. Gaskets may be required as determined by the city in the field, shall be either sleeve type or O-ring type and shall meet the requirements for gaskets as specified in AASHTO M-36, Section 9.3 7. Table 16.4.3, Pipe Installation Standards indicate which pipe is permitted within the City based on installation type. Table 16.4.3 – Pipe Installation Standards Pipe Type Installation Type RCP Aluminized Polymer Type 2 Steel Precoat Steel Aluminum Alloy Corrugated Smooth-Lined Polyethylene High Density Polyethylene Type “S” Longitudinal P P P P -- P Cross Drains >15,000 ADT1 P -- -- -- -- -- Cross Drains <15,000 ADT1 P -- -- -- -- -- Cross Drains <15,000 (local roads)1 P -- P P -- -- Cross Drains<15,00 0 (local roads)2 -- -- P P -- P Lateral Systems P P P P -- P Slope Drain -- P P P -- P Perforated Underdrain -- P P P P P Dams P -- -- -- -- -- Perennial Streams P -- -- -- -- P “P” = Permitted “--“= Not Permitted 1 = Cross drain less than 10% slope 2 = Cross drain over 10% slope 8. Minimum Standards a. The minimum allowable design velocity for all pipe types, except for Corrugated Polyethylene, is 2.5 fps. b. The maximum allowable design velocity for all pipe types is 15 fps, except for Aluminized Type 2 Steel which is 5 fps. Corrugated Polyethylene has no maximum design velocity. c. Aluminized Type 2 Steel requires a minimum soil PH/resistivity of 6/1500 ohm/cm. d. Polymer Precoat Steel requires a minimum of soil PH/resistivity of 5/1500 ohm/cm. B. Structural Plate Drainage Structures. Corrugated aluminum alloy structural plate pipe, pipe arches and arches shall consist of aluminum plates and galvanized bolts and nuts of the size, shape and thickness as shown on the approved plans. These structures shall conform to the requirements of AASHTO M-219. 16.4.4 Pipe Installation A. Installation Standards. 1. Reinforced concrete pipe (RCP), corrugated aluminum alloy pipe, corrugated aluminum coated steel pipe, and smooth interior corrugated polyethylene pipe shall be installed in accordance with GDOT specifications. 2. Prior to approval of a final plat, the City may require the submittal of certification from a mandrel testing agency indicating that all installed pipe (other than RCP) does not exceed five percent (5%) deflection. 3. Based on field inspections, video surveillance may be conducted by the City or required by the City on storm drain installations before approval of the final plat or issuance of the Certificate of Occupancy. If required, video surveillance should be done after completion of all activities that may damage the pipe but prior to the placement of base and the paving or landscaping over or near the pipe. If video surveillance indicates problems such as pipe deformation, cracking, or joint separation, the pipe shall be removed and replaced before approval. B. Bedding. All pipe structures shall be placed on stable earth or fine granular foundation with the characteristics of which would be expected to provide long-term stability. In all live stream pipe installations, in areas of low bearing solid or non-uniform foundations, in area where rock is encountered at the foundation level, or in other locations where conditions warrant, a minimum of six (6) inches of crushed stone bedding is required (maximum size of stone shall be three-quarters (0.75) inch). Geotextiles or geogrids may also be required by the City in problem areas. C. Backfilling. 1. Backfill for CSP, CAP, and HDPE pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the bottom of pipe to 12 inches above the pipe crown. 2. Backfill for RCP pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the pipe invert to one-quarter (0.25) of the pipe diameter. 3. Foundation backfill material shall be used for RCP above one-quarter (0.25) of the pipe diameter (if graded aggregate base is not used above the one-quarter (0.25) of the pipe diameter) as per Type I or Type II GDOT standards. 4. These materials shall be placed in players of no more than six (6) inches loose. 5. Compaction of these materials shall be accomplished by hand tamping or machine tamping. Required compaction levels are as follows: a. Within Street Right-of-Way. Backfill within all street rights-of-way shall be compacted to 95%maximum density, tested using the AASHTO Method T-99. b. In Other Areas. Backfill in all other areas shall be compacted to 90% maximum density, tested using the AASHTO Method T-99. c. Construction Loads and Minimum Covers. If drainage pipe is installed prior to the completion of grading, a minimum of four (4) feet of fill should be provided where needed to adequately protect the drainage structure during the land development phase, unless the structure itself is designed to withstand the anticipated live load during construction. 16.4.5 End Finish A. Headwalls or other end treatments are required on all culverts and at the outlet of all piped collection systems. Where ends of pipe are located within, or near, the right-ofway and are parallel, or nearly parallel, with the roadway, safety end sections shall be required when the posted speed limit is 35 miles per hour and over. B. Headwalls are to be precast concrete, stone masonry with reinforced concrete footings, or poured in place, reinforced concrete with reinforced concrete footings. Precast concrete headwalls for corrugated aluminum coated steel pipe or aluminum alloy pipe shall be made with aluminum coated steel or aluminum alloy pipe stubs. C. End treatments that conform to the slope may be pre-cast concrete end sections; aluminum coated steel or aluminum alloy end sections, masonry, PE end sections, reinforced poured-in-place slope collars, or grouted rip-rap. Concrete and metal flared end sections shall conform to applicable Georgia DOT Standard Drawing 1120, 1122, or Detail D-39. 16.4.6 Junction Boxes and Catch Basins Junction boxes and catch basins shall have metal manhole frames and lids for access. 16.4.7 Other Structures. Natural bottom arches and box culverts may be used in accordance with GDOT standards. Bottomless culverts shall require that a scour analysis be done by a registered professional engineer to ensure the soundness of the proposed structure. 16.5 Bicycle Facilities Construction Standards A. On-Street Bicycle Facilities. 1. Conventional painted bike lanes are required on both sides of local streets with posted speed limits of 35 miles per hour or less, subject to review and approval by the Public Works Department. They shall be a minimum five (5) foot wide and have painted markings indicating the right-of-way width aside for dedicated bicyclist use. 2. Painted sharrow markings are required on both sides of local streets with posted speed limits of 25 miles per hour or less, subject to review and approval by the Public Works Department. 3. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. B. Off-Street Bicycle Facilities. 1. Multi-use sidepaths are required on both sides of collector and arterial streets, subject to review and approval by the Public Works Department. C. Multi-Use Sidepaths. Multi-use sidepaths shall be a minimum width of ten (10) foot clear zone. A planted landscape zone of a minimum of six (6) feet wide from the back of curb shall separate the multi-use sidepath from the vehicle travel lane. Where feasible, the multi-use sidepath shall not be built in a straight line. See Figure 16.5.C – Multi-Use Sidepath Cross Section. 2.1. The Community Director may reduce the sidepath to eight (8) feet, if the applicant demonstrates that there are topographic extremes, environmental restrictions (e.g., stream buffers, wetlands), or severe utility conflicts. 2. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Bold, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Bold Formatted: Centered Figure 16.5.C – Multi-Use Sidepath Cross Section 16.6 Sidewalk Construction Standards A. General. 1. Sidewalks shall form a logical, safe and convenient system for pedestrian or bike access to all dwelling units and other buildings, properties, and facilities. 2. Sidewalks shall be so located and safeguarded as to minimize contacts with automotive traffic. 3. Sidewalks that are appropriately located, designed and constructed may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automotive traffic. 4. Minimum standards required by this Section are improved by the developer along the full length of the subject property frontage for existing streets and along the full extent for any new streets created. 5. During a transportation improvement project, sidewalks must be installed or brought into compliance with these standards. 6. 12 months from the completion of at least 90% of the dwellings in any subdivision, or phase of any subdivision, the City of Stockbridge reserves the right to install sidewalks along any areas not yet containing sidewalks. The cost of construction and installation shall be repaid to the City via a lien placed on the adjacent property upon which the sidewalk fronts. 7. After the maintenance period has expired, any broken curbing and sidewalk will be repaired by the builder before a Certificate of Occupancy/Completion is issued. B. Sidewalk Construction Standards. When required by this UDC, sidewalks and curb ramps shall be constructed in all new development or redevelopment along all abutting or internal streets, existing or new, private or public. 1. Sidewalk Installation and Timing. a. Required sidewalks shall be installed prior to the issuance of a Certificate of Occupancy/Completion. b. All sidewalks along common areas, including pond lots, amenity areas, open space, and lots containing existing homes or lots that are unbuildable, shall be installed by the developer before the end of the maintenance period. 2. Minimum Width. a. Sidewalks shall have a minimum width of five (5) feet clear zone along all roads within residential subdivisions and in residentially zoned or used areas. A planted landscape zone of a minimum of two (2) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.a – Sidewalk Cross Section 1. b. Sidewalks shall have a minimum width of eight (8) feet clear zone in all non-residential, mixed-use development areas, and along the frontage of the road a residential subdivision entrance is located on. A planted landscape zone of a minimum of five (5) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.b – Sidewalk Cross Section 2. Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Figure 16.6.B.2.a – Sidewalk Cross Section 1 Figure 16.6.B.2.b – Sidewalk Cross Section 2 b. c. Multi-use sidepaths are required on both sides of collector and arterial streets in accordance with this section, and with Section 16.65, Bicycle Facilities Construction Standards. Table 16.6 - Minimum Sidewalk Widths Local Streets (Residential)1 Landscape zone (minimum 2’ in feet) Sidewalk clear zone 5’ (minimum in feet) Multi-use sidepath clear zone N/A (minimum in feet) Local Streets (Non-Residential)2 Collector Arterial 5’ 6’ 6’ 8’ N/A N/A N/A 10’ 10’ 1 = The landscape zone and sidewalk clear zone is applicable to all roads within residential subdivisions and in residentially zoned or used areas. 2 = The landscape zone and sidewalk clear zone is applicable for along the entire frontage of the road in which a residential subdivision entrance is located on. 3. Sidewalks shall be at least four (4) inches in thickness and shall be constructed of Portland cement concrete. 4. Sidewalks shall be installed no closer than two (2) feet to the back of curb line and shall not be constructed over any underground gas, electric, communications, or water and sewer utilities. 5. Sidewalks and curbs, at street intersections, shall be designed to permit handicapped access. 6. Intersection radius curb ramps shall be provided at street intersections. Straight ramps Straight ramps may be provided at intersections of curbed driveways and at streets without sidewalks. 16.7 Trail Construction Standards A. Purpose. The purpose of this Section is to implement bikeways, multi-use sidepaths, greenways, or other public facilities contained in Master Trails Plans, LCI studies, and the Comprehensive Plan. B. Connections to Public Facilities. Where a new development or redevelopment adjoins an existing public bikeway, multi-use sidepath, greenway, or other public facility, the development shall provide a connection to such facilities. Where public facilities are incomplete but part of an adopted plan, such connections shall be installed by the developerment. C. Installation. Formatted: No underline 1. The width of the public facility shall be as depicted and shown on adopted plans. Adopted plans include but are not limited to the Stockbridge Strategic Implementation and Master Plan for Trails, the Comprehensive Plan, LCI plans, and the Henry County Trail Plan. 1.2. A trail easement shall be required and approved by the Director of Community Development and the Public Works Department. Trail easements shall be recorded on all final plats. 2.3. Trails shall be at least five (5) inches in thickness and shall be constructed of Portland cement concrete. 3.4. A two (2) foot minimum clear zone shall be provided on both sides of a trail. These clear zones shall be seeded. 4.5. A ten (10) foot minimum vertical clearance shall be provided from the trail surface. 5.6. The entire length of the paved trailed shall include a four (4) inch wide, alternating yellow centerline strip and stop markings when approaching intersections. Figure 16.7.C - Trail Cross-Section 6.7. Subgrade. Subgrade shall be compacted to 95% standard proctor. Undercut and backfill may be required as determined by the Public Works Department. 7.8. Intersections. Trail intersection shall include signage, bollards, and pavement striping. a. Bollards. i. Formatted: Font: Bold A removable bollard shall be placed a minimum of 30’ from the edge of the street and align with the alternating yellow centerline striping. ii. In addition to a removable bollard, a fixed bollard or fence post shall be on either side of the trail in line with the removable bollard. iii. All final locations shall be subject to review and approval by the Public Works Department. b. Detectable Warning Surface. A detectable warning surface shall be installed a minimum of six (6) inches from the edge of the trail and shall be a minimum of 24 inches wide. Figure 16.7.C.87 - Trail Intersection and Bollard 8.9. Trail Crossings. Formatted: Font: Bold a. Marked Striping. If a trail crossing is required in a development, the development shall provide marked crosswalks. All color pavement markings shall be anti-skid with clean cut edges and conform to GDTO standard specifications for installation and finish. Formatted: Font: Bold Figure 16.7.C.98 - Marked Crossing b. Crossing Island. A crossing island shall be required for mid-block pedestrian crossings, on roads with four or more travel lanes with posted speed limits of 35 miles per hour or more, or where AADT is 9,000 or higher. The crossing island shall be subject to review and approval by the Public Works Department. Formatted: Font: Bold c. Raised Crossings. Raised crosswalks or raised intersections shall be installed based on determination by the Public Works Department. Formatted: Font: Bold d. Pedestrian Safety. As determined by the Public Works Department, Pedestrian Hybrid Beacons (PHB) or Rapid Flashing Beacons (RRFB) shall be installed for intersection crossings. Formatted: Font: Bold 16.8 Transportation Improvement Projects A. Transportation Improvement Projects. Every transportation improvement project shall include accommodations sufficient to enable reasonably safe travel along and across the right of way for all users, including non-automobile users as set for in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards; unless one or more of these conditions exist and is documented: 1. Bicyclists or pedestrians are prohibited by law from using the roadway. In this instance, a greater effort may be necessary to accommodate bicyclists and pedestrians elsewhere within the right-of-way or within the same transportation corridor. B. Unpaved Road Improvement Projects. 1. Any unpaved road upon which a development has frontage and access shall be widened and paved, according to the functional class of the road, as set forth in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards along the frontage of the development to the nearest intersection with a paved City road. 2. The minimum right-of-way required according to Section 16.3, Streets shall be dedicated along the entire frontage of the development back to the nearest intersection in which the roadway is to be improved. 3. In addition to the design, construction, and right-of-way acquisition, the developer shall also be responsible for relocation of utilities. 4. Where a development has frontage, but does not provide access to an unpaved road, the developer shall preserve right-of-way along the development's frontage for future improvements to the roadway. 5. In instances where improving a roadway to the limits of the frontage causes for an undesirable termination point for the improved roadway, such as alignment issues or topographic issues, the improvement may be required to be further extended to provide for an acceptable tie-in to the existing roadway. C. Required Connections. Where a new development or redevelopment adjoins a bikeway or pedestrian facility, the development shall provide a bikeway or pedestrian connection to such facilities. Where facilities are incomplete but part of an adopted plan, stub-outs for future linkages shall be provided by the development. A pedestrian connection, or stub-out for future linkages, shall be provided where a new development lies within half (0.5) a mile of a school or existing or planned transit route. 16.9 Streetlight and Pedestrian Light Requirements 16.9.1 General A. In order to ensure adequate illumination of public rights-of-way and promote safety and security, The American National Standard Practice for Roadway Lighting of the Illumination Engineering Society, as approved by the American National Standards Institute, as from time to time amended, is hereby adopted as the standard for the installation and operation of lighting in the City. B. Streetlight and pedestrian light fixtures or equipment shall be erected, constructed, or installed by the applicant in such a manner to ensure that the lateral light distribution which causes a glare does not inhibit the users of the rights-of-way from safely traversing and using the rights-of-way. 16.9.2 Street Light Requirements A. All streets and roadways shall include streetlights, lampposts, or similar devices sufficient to illuminate all the street and walk area at night so as to permit safe passage by vehicles and pedestrians. B. The location, arrangement, type, and number of streetlights shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the rights-of-way. C. The overlap of pedestrian light illumination and streetlight illumination shall be minimized to such an extent that streetlights may not be required at all in areas where pedestrian lights provide the required illumination without streetlights. Pedestrian lights may be installed in addition to required streetlights but shall not be used to fully substitute or eliminate the requirement to install streetlights in accordance with this Section. D. All streetlights installed under this Section shall be dedicated by the subdivider to the City or property owners’ association, as applicable, unless this requirement is expressly waived by the Mayor and City Council. E. It shall be the responsibility of the applicant to coordinate the installation of the streetlights and pedestrian lights with the appropriate utility and the City consistent with the standards contained in this UDC. F. Lighting Plan. 1. A lighting plan, which may be prepared by the streetlight provider, shall be provided to the Department for the erection, construction, or installation of streetlight and/or pedestrian light fixtures or equipment upon which the illumination thereof falls upon public rights-of-way. 2. Contents. The plan shall: a. Include security lights of all kings and nature; b. Shall illustrate the illumination provided by pedestrian lights; and c. Drawings showing the exact location of proposed streetlights. 3. Lighting plans shall be submitted with the final plat and any additions. 4. No lighting shall be installed or operated without approval of the Department. 16.9.2 New Development Requirements A. All new development, including residential subdivisions, multi-family developments, commercial developments, mixed-use developments, industrial developments, and any development involving the construction of new public or private streets, shall install streetlights in accordance with this Section. The developer of shall install all streetlights and pedestrian lights with underground wiring. B. Each property owner shall be assessed a rate based on the total cost of annual lighting charge within the district divided by the number of properties within the district. Unit cost of lighting fixture charges shall be based on fees provided by electric utility companies of both overhead and underground installation. C. The rates or charges for lighting service shall constitute assessments on the property so served. Those assessments shall be added to tax bills at the end of each year and shall constitute a lien upon the property. Said lien shall have the same priority as tax assessments and an execution may be issued for the purpose of enforcing the lien, including foreclosure and/or judicial sale. 16.9.3 Existing Development Requirements A. Individuals owning real property in an existing residential area desiring to install streetlights and/or pedestrian lights may apply with the City to establish a streetlight and pedestrian light district. B. The application shall be supported by a petition signed by property owners representing more than 51% of the property owners in the district which is sought to be established. C. Upon receipt of a complete streetlight application, the director will contact the utility provider to request a layout, price, and contract, if necessary, for the streetlights. For pedestrian lights, the proposed layout prepared by an engineer licensed in the State of Georgia and the fixture specifications, the unit price, and the contract, if necessary, shall be provided as part of a complete streetlight and pedestrian light district application. D. Up to three (3) additional streetlights or pedestrian lights may be added to an existing streetlight district, as approved by the City. 16.10 Drinking Water Conservation Requirements 16.10.1 Purpose It is the purpose of this Section to require the use of ultra-low flow plumbing fixtures in all new construction, or when replacing plumbing fixtures during renovation or remodeling of existing buildings and to require the labeling of plumbing fixtures with information regarding flow rates for the purpose of conserving water to maintain the integrity of drinking water supplies and reduce wastewater flows. 16.10.2 Fixture Specifications and Installation Standards A. No plumbing fixture shall be installed which does not meet the standards listed in this UDC. This includes all plumbing fixtures installed in newly constructed buildings or when replacing plumbing fixtures during remodeling or renovation of existing buildings, except as noted in legally nonconforming cases: B. All plumbing fixtures installed as referred to above should not exceed the following maximum water use rates: 1. Toilets: One and six-tenths (1.6) gallons per flush; 2. Urinals: One (1) gallon per flush; 3. Showerheads: Two and one-half (2.5) gallons per minute; 4. Kitchen faucets: Two and one-half (2.5) gallons per minute; and 5. Bathroom and lavatory faucets: Two (2) gallons per minute. C. The flow-restriction device in a showerhead must be a permanent and an integral part of the showerhead and must not be removable to allow flow rates in excess of that as stated in this Section. D. Lavatory faucets located in restrooms intended for use by the general public shall be of the metering or self-closing type, in addition to the flow requirement as listed in this Section. 16.10.3 Product Labeling Specifications Effective July 1, 1991, all toilets, urinals, showerheads, or faucets shall be clearly labeled by the manufacturer to indicate the maximum flow rate or water usage of the fixture. The wateruse rate of the fixture shall be certified by the manufacturer based on independent test results and using 60 psi for showerheads. The label shall be affixed to the fixture and remain there until the proper building and/or plumbing inspections have been conducted. Also, the product packaging must be clearly marked to identify water use rates when offered for retail sale. 16.10.4 Exceptions A. The following fixture uses or applications shall be exempt from the standards: 1. Showers and faucets installed for safety purposes, such as emergency eye-wash stations, etc.; 2. Plumbing fixtures specifically designed for use by the physically handicapped; 3. Fixtures specifically designed to withstand unusual abuse or for installation in correctional institutions, which may require more water for proper operation; and 4. Instances of building renovation where significant plumbing modifications would be required to accommodate the lower flows or for specialized purposes which cannot be accommodated by existing technology. B. Permission for the exceptions listed here must be obtained from the Public Works Department. CHAPTER 17: STORMWATER MANAGEMENT 17.1 Purpose and Intent A. The purpose of this Chapter is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. B. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Stockbridge is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff. This Chapter seeks to meet that purpose through the following objectives: 1. Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources; 2. Require that new development and redevelopment maintain the predevelopment hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, stream bank erosion, non-point source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats; 3. Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality and to preserve and/or restore natural hydrologic conditions on development sites; 4. Establish design and application criteria for the construction and use of structural stormwater control facilities that meet the minimum postdevelopment stormwater management standards; 5. Encourage the use of nonstructural stormwater management and stormwater better site design practices, peak rate and/or runoff reduction, and the preservation of greenspace and other conservation areas, by establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; 6. Establish provisions for the long-term responsibility of operation, inspection, maintenance and repair of private structural stormwater control facilities and private commitments for nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety or the environment; 7. Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term compliance; and 8. Preserve the natural drainage and natural treatment systems and reduce the additional stormwater runoff and pollutants; 9. Protect public health and safety by reducing the risk of localized flooding and reducing the amount of runoff entering streets. 17.2 Applicability and General Standards A. This Section is applicable to all land development, including, but not limited to, site plan applications, development permits, subdivision applications, and grading applications, unless exempt pursuant to Section 17.2,C, Exemptions. B. New Development and Redevelopment Sites. These standards apply to any new development or redevelopment site that meets one or more of the following criteria: 1. New development that creates or adds five thousand (5,000) square feet or greater of new impervious surface area or that involves land disturbing activity of one (1) acre of land or greater including projects of less than one (1) acre if they are part of a larger common plan of development or sale; 2. Any redevelopment of a previously developed site that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area, or that involves land disturbing activity of one (1) acre or more, including projects of less than one (1) acre if they are part of a larger common plan of development or sale. 3. Any new development or redevelopment, regardless of size, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules or that is defined by the Director to be a hotspot land use; and 4. Linear transportation projects that exceed the threshold in “1” and “2” above. C. Exemptions. The following activities are exempt from the requirements of this Chapter. 1. Land disturbing activity conducted by local, State, authority, or Federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs; 2. Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement; 3. Land disturbing activity conducted by local, State, authority, or Federal agencies, whose sole purpose is to implement stormwater management or environmental restoration; 4. Repairs to any stormwater management system deemed necessary by the Director; 5. Agricultural practices as described O.C.G.A. § 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsection 17.2, B, New Development and Redevelopment Sites.; 6. Silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsection 17.2, B, New Development and Redevelopment Sites; 7. Installations or modifications to existing structures solely to implement Americans with Disabilities Act (ADA) requirements, including, but not limited to, elevator shafts, handicapped access ramps and parking, and enlarged entrances or exits; and 8. Linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies to the extent the Director determines that the stormwater management standards may be infeasible to apply, all or in part, for any portion of the linear transportation project. For this exemption to apply, an infeasibility report that is compliant with the City of Stockbridge's linear feasibility program shall first be submitted to the Director that contains adequate documentation to support the evaluation for the applicable portion(s) and any resulting infeasibility determination, if any, by the Director. D. Designation of Administrator. The Director is hereby appointed to administer and implement the provisions of this Chapter. E. Compatibility with Other Regulations. This Chapter is not intended to modify or repeal any other chapter, rule, regulation or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 17.3 Stormwater Design Manual The City of Stockbridge will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda for the proper implementation of the requirements of this Chapter. 17.4 Permit Application 17.4.1 Permit Application Requirements A. No owner or developer shall perform any land development activities without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically exempted by this Section, any owner or developer proposing a land development activity shall submit to the Department a permit application on a form provided by the City for that purpose. C. Unless otherwise exempted by this Section, a permit application is accompanied by the following items in order to be considered: 1. Stormwater management plan in accordance with Section 17.6, Stormwater Management Plan; 2. A preliminary determination of infeasibility, as applicable, prepared in accordance with the practicability policy; 3. Inspection and maintenance agreement in accordance with Section 17.6, Stormwater Management Plan, if applicable; and 4. Permit application and plan review fees in accordance with Section 17.4.3, Application Review Fees. D. The approved stormwater management plan shall obligate the responsible party to accomplish all land clearing, construction, development, and drainage in accordance with the Stormwater Management Plan. Any and all permits for development activities may be revoked at any time if the construction of stormwater management facilities is not conducted in substantial conformity with approved plans. E. The applicant or responsible party shall obtain all state and federal permits required for the proposed development activity in addition to the plans and permits required by the City. F. Upon completion of the project the applicant or responsible party shall submit the engineer-of-record's certification and as-built plan that includes the global positioning system coordinates of the stormwater management facilities. If the as-built plan differs substantially from the approved plan but is still acceptable to City, then the applicant or responsible party shall update the recorded inspection and maintenance agreement upon approval by the City. 17.4.2 Application Procedure A. Applications for development permits are filed with the Department. B. Permit applications shall include the items set forth in Section 17.4.1, Permit Application Requirements. Two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included as part of the application submittal. C. The Department shall inform the applicant whether the application, stormwater management plan, and inspection and maintenance agreement are approved or disapproved. D. If the permit application, stormwater management plan, or inspection and maintenance agreement is disapproved, the Department shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same. All provisions of this Section shall apply to such resubmittal. E. Upon a finding by the Department that the permit application, stormwater management plan, and inspection and maintenance agreement, if applicable, meet the requirements of this Section, the Department may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met. F. Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person is subject to the following requirements: 1. The applicant shall comply with all applicable requirements of the approved plan and this Section and shall certify that all land clearing, construction, land development, and drainage will be done according to the approved plan; 2. The land development project is conducted only within the area specified in the approved plan; 3. The Department is allowed to conduct periodic inspections of the project; 4. No changes may be made to an approved plan without review and written approval by the Department; and 5. Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 17.7, Performance Criteria. 17.4.3 Application Review Fees The fee for the review of any land development application shall be based on the fee structure established by the City of Stockbridge, and payment shall be made before the issuance of any land disturbance permit or building permit for the development. 17.5 Stormwater Concept Plan A. Discussion of post-development stormwater management. Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Stockbridge. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM 2.4.2.4) or the stormwater concept plan (GSMM 2.4.2.5). The purpose of the presubmittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the City of Stockbridge when applying for a determination of infeasibility through the practicability policy. B. Information to be submitted. To accomplish this goal, the following information is included in the concept plan that is submitted in advance of the meeting: 1. Existing Conditions/Proposed site plans. Existing conditions and proposed site layout sketch plans which illustrate, at a minimum, existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces; and Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements; 2. Natural Resources Inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 3. Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the floodway (as applicable); relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. Local watershed plans and any relevant resource protection plans will be consulted in the discussion of the concept plan. 4. Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater runoff reduction/water quality, channel protection, overbank flooding protection and extreme flood protection (GSMM 2.2). 17.6 Stormwater Management Plan A. The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this Section, including the performance criteria set forth in Section 17.7, Performance Criteria. B. This plan is in accordance with the criteria established in this Section and must be submitted with the stamp and signature of a design professional licensed in the state of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the current Georgia Stormwater Management Manual edition and the City’s submittal requirements for commercial and single-family residential development. C. Responsibility. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements are made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site the person to be permanently responsible for its inspection and maintenance. 17.6.1 Submittal Requirements The stormwater management plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the applicable design requirements and forms found in the Georgia Stormwater Management Manual and the City’s submittal requirement for commercial and single-family residential development. This includes but is not limited to: A. Common address and legal description of the site. Formatted: Font: Not Bold B. Vicinity map. Formatted: Font: Not Bold C. Stormwater Concept Plan. Formatted: Font: Not Bold D. Existing conditions and proposed site plans. Existing conditions and proposed site layout plans which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys; boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, building parking area and other impervious surfaces. E. Infiltration rates. Infiltration rates shall be determined by soil surveys, on-site soil analysis, or a percolation test. If the site has been previously developed or graded or contains urban soil types, a percolation test is required. F. Natural resources inventory. A written or graphic inventory of the natural resources in existence prior to the commencement of the project. This inventory shall address resources both on the site and in the surrounding area that are or may be impacted by the project. This inventory shall also include a description of the soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural features protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks, including but not limited to drinking water well setbacks and septic setbacks. Particular attention should be paid to environmentally sensitive features that present constraints for development. G. Existing conditions hydrologic analysis. The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities in accordance with the current Georgia Stormwater Management Manual, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, predevelopment conditions are modeled using guidelines established by the Director for the portion of the site undergoing land development activities. H. Post development hydrologic analysis. The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities shall be calculated in accordance with the Georgia Stormwater Management Manual and include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in with Section 17.7, Performance Criteria; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent (50%)50% of the site area for the entire site, then the performance criteria in with Section 17.7, Performance Criteria must be met for the stormwater runoff from the entire site. For a subdivision of land or planned development, postdevelopment runoff volumes, rates, and velocities shall be calculated based on the builtout conditions of the entire parcel to be subdivided, regardless of future ownership of individual lots. Estimates of impervious surfaces shall be made based on maximum allowable lot coverage in accordance with this UDC when meeting the performance criteria. The developer of said subdivided parcel may provide runoff reduction and water quality measures for individual lots, which must be reflected accordingly on the final plat. I. Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how the selected structural stormwater controls will be appropriate and effective; cross section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Section 17.7, Performance Criteria; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans or similar protection area plans. J. Post development downstream analysis. A downstream peak flow analysis is required, which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises ten percent (10%) of the total drainage area in accordance with GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system. analysis must be in accordance with the stormwater design manual. K. Construction-phase erosion and sedimentation control plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.) or NPDES permit for construction activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls. Prior to the approval of the stormwater management plan, the applicant or responsible party shall submit a proposed staged construction and inspection control schedule for approval; otherwise, the construction and inspection control schedule will be for the entire drainage system. No stage work related to the construction of stormwater management facilities or BMPs shall proceed until the next proceeding stage of work, according to the sequence specified in the approved stage construction and inspection control schedule, as inspected and approved. Runoff reduction and water quality measures shall be installed in the final phase of construction to prevent clogging. L. BMP landscaping plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved. M. Operations and maintenance plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include a narrative describing how the stormwater management system is designed to function, including capture, runoff control, water quality treatment, channel and flood protection, and ongoing operations and maintenance procedures for all stormwater management facilities and practices shown on the stormwater management site plan. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures are included in the plan. N. Maintenance access easements. The applicant must ensure access from right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access is sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist is recorded and shall remain in effect even with the transfer of title of the property. O. Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice. 1. The inspection and maintenance agreement shall identify by name or official title the person responsible for carrying out the inspection and maintenance (see also Section, 17.9.3, Responsibility). 2. The owner shall update the point of contact from time to time as needed and upon request by the City of Stockbridge. Upon any sale or transfer of the site, the new owner shall notify the City of Stockbridge in writing within thirty (30)30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following thirty (30)30 days' notice, constitute a failure to maintain the stormwater management facility or practice. P. Evidence of acquisition of applicable local and non-local permits. The applicant shall certify and provide documentation to the Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan. Q. Determination of infeasibility (if applicable). 17.6.2 Modifications for Off-Site Facilities A. The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures are implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility. B. A stormwater management plan shall be submitted to the Department that shows the adequacy of the off-site or regional facility. C. To be eligible for a modification, the applicant shall demonstrate to the satisfaction of the Director that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas: 1. Increased threat of flood damage to public health, life, and property; 2. Deterioration of existing culverts, bridges, dams, and other structures; 3. Accelerated stream bank or streambed erosion or siltation; 4. Degradation of in-stream biological functions or habitat; or 5. Water quality impairment in violation of the state water quality standards, and/or violation of any state or federal regulations. 17.7 Performance Criteria A. For new developments, the following performance criteria shall be applied to the area of the site impacted by the proposed work. For redevelopment, the following performance criteria shall be applied to the area of the site impacted by the proposed work, provided that the impacted area does not exceed 35 percent (35%)35% of the previously developed area. If the impacted area exceeds 35 percent (35%)35% of the previously developed area, the following performance criteria shall be applied to the entire development, including previously developed area: 1. Green Infrastructure/Low Impact Development. To promote the use of Green Infrastructure, hereafter indicated as “GI”, or Low Impact Development, hereafter indicated as “LID”, techniques, where feasible, the City will allow the use of all GI/LID structures, better site planning techniques, and better site design techniques that are included in the GSMM. Table 17.7.A.1, Summary of Potential GI/LID Structures provides a summary of structures categorized as GI/LID. a. The use of GI/LIDs for achieving Runoff Reduction may be waived for sites with infiltration rates less than or equal to 0.5 inches/hour. Infiltration rates must be certified by a professional engineer or professional geologist. Testing should be conducted per the GSMM. Table 17.7.A.1 – Summary of Potential GI/LID Structures BMP Type Description Appropriate Commented [DS79]: Will be discussed further in the PMT, but the GSMM addressed GI/LID practices so I addressed them here. Formatted: Underline Commented [DS80]: Added this into the code. Confirm with city engineer. Formatted: Font color: Background 1 Benefits Formatted: Font: Bold, Underline Formatted Table Setting Formatted: Font: Bold, Font color: Background 1 Bioretention Basins Shallow stormwater basins Upland or landscaped areas that utilize engineered soils and vegetation to capture and treat stormwater runoff. Supports ground water recharge, pollutant, and runoff detention Rain Gardens Smaller bioretention areas Upland designed to treat runoff from small areas Supports groundwater recharge, treats multiple pollutants, and provides shade, windbreaks, and absorb noise. Enhanced Dry Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Types include a dry conveyance swale and a dry treatment swale. Provides partial infiltration of runoff in pervious soils, reduces thermal effects of impervious surfaces, and provides a habitat for wildlife species. Enhanced Wet Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Wet swales are a cross between a wetland a swale. Grass Channel Vegetated open channels Sitewide that provide biofiltering of stormwater runoff as it flows across the grass surface. Reduces flooding, encourages settling on the channel floor, and promotes infiltration. Vegetated Filter Strip Land areas with indigenous Upland Supports groundwater recharge, allows for flexibility in design and layout, and adaptable to a variety of site conditions. Infiltration Practices A shallow excavation, Upland typically filled with stone or engineered soil mix, which is designed to temporarily hold stormwater runoff until it infiltrates into the surrounding soils. Supports groundwater recharge, helps restore pre-development hydrology, and appropriate for small sites with porous sites. Permeable Pavers A pavement surface Upland composed of structural units with void areas that are filled with pervious materials such as gravel, sand, or grass turf. Provides water quality treatment and compatible with retrofitting existing developed areas. Downspout Disconnection Diverts water from flowing Parcel specific over an impervious area to a pervious area Restores pre-development hydrology on development sites, supports groundwater recharge, and increase water quality. Rainwater Harvesting Intercepts, diverts, and Upland/ stores stormwater runoff Sitewide for later use Supports restoring predevelopment hydrology and reduces postconstruction runoff rates, volumes, and pollutant loads. Green Roofs Alternative to traditional Upland/ impervious roof surfaces Sitewide Well-suited for use on urban development and redevelopment sites, supports wildlife habitat, and reduces urban heat island effect. Site Reforestation/ Planting trees and other Parcel specific native vegetation in disturbed pervious areas to restore them to their predevelopment conditions Reduces the amount of runoff, improves the infiltration capacity of soils, and provides a habitat for plant and animal species. Revegetation Formatted: Font: Not Bold 1. Water Quality/Runoff Reduction. All stormwater runoff generated from a site shall provide runoff reduction of the first 1.2 inches of rainfall or shall be adequately treated for water quality before discharge. 2. It will be presumed that a stormwater management system complies with this requirement if it satisfies the stormwater reduction criteria in this Section. However if any of the stormwater runoff volume generated by the first 1.2 inches of rainfall cannot be reduced or retained on site due to constraints such as a high water table, rock, low infiltration rates or the presence of a hotspot, the remaining volume shall be increased by a multiplier of 1.2 and shall be intercepted and treated in one or more stormwater management practices that provide at least an 80 percent (80%) reduction in total suspended solids loads in accordance with the following criteria: a. It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual; b. Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual or constitutes an alternative practice responsibly designed and documented by the design professional to reproduce the intent of the Georgia Stormwater Management Manual; and c. Runoff from hotspot land uses and activities identified by the Department are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices, and pollution prevention practices. 2.3. Stream Channel Protection. Protection of stream channels from bank and bed erosion and degradation is provided by using all of the following three (3) approaches: a. Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer; b. 24-hour extended detention storage of the one-year, 24-hour return frequency storm event; and c. Erosion prevention measures such as energy dissipation and velocity control. d. Exemptions. 3.4. i. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, stream channel protection is not required. ii. Only approach “b” may be waived for sites that discharge directly through piped stormwater drainage systems into larger streams, rivers, wetlands, lakes, estuaries, tidal waters, or other situations where the reduction in smaller flows will not have an impact on stream bank or channel integrity. Overbank Flooding Protection. a. Downstream overbank flood and property protection is provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the one-year, 24-hour storm under subsection (a) of this section is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided. For redevelopment projects overbank flood and property protection shall be provided by reducing the peak discharge rate up to the 25-year, 24-hour storm event in accordance with the following formula: i. %PIC/2 = %PDRR 1. PIC = Pre-development Impervious Cover 2. PDRR = Peak Discharge Rate Reduction b. For sites where previous demolition has removed impervious surfaces, pre-development peak discharge rate calculations and percentage of impervious coverage shall be calculated based on pre-demolition conditions. For sites that have been demolished and have remained fallow and stabilized with vegetation for a minimum of five (5) years, they shall be considered as having pre-development conditions of 20 percent impervious cover for purposes of calculating peak discharge rate reduction. c. For land development permitted after 2005 and served by appropriate stormwater management facilities, subsequent redevelopment of the same area is not required to further reduce the peak discharge rate, provided that the site continues to meet the reduction previously achieved. d. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, overbank flooding protection is not required. 4.5. Extreme Flooding Protection. a. Extreme flood and public safety protection is provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated. b. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, extreme flooding protection is not required. 5.6. Structural Stormwater Controls. All structural stormwater management facilities are selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the Department before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the City may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased non-point source pollution loads created on the site in question. Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control. 6.7. Stormwater Credits for Nonstructural Measures. The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Section 17.7.AA.21, Water Quality/Runoff Reduction. The applicant may, if approved by the Department, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements that identifies the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual. 7.8. Drainage System Guidelines. Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters, are provided when necessary for the protection of rightof-way and private properties adjoining project sites and/or rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements: a. Methods to calculate stormwater flows are in accordance with the stormwater design manual; b. All culverts, pipe systems and open channel flow systems are sized in accordance with the stormwater management plan using the methods included in the Georgia Stormwater Management Manual; and; c. Design and construction of stormwater conveyance facilities are in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual. 8.9. Dam Design Guidelines. Any land disturbing activity that involves a site that proposes a dam shall comply with the Georgia Safe Dams Act of 1978 (O.C.G.A. § 12-5-370 et seq.) and rules for dam safety, as applicable. B. As-Built. All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer. A final inspection by the Department is required before the release of any performance securities can occur. C. Long-Term Maintenance Inspection of Stormwater Facilities and Practices. 1. The absence of an inspection and maintenance agreement shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater management facility. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 2. For facilities constructed prior to the effective date of this Section the owner or responsible party shall perform proper maintenance of the stormwater maintenance facility as required by the indemnification agreement. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 3. Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this Section. 4. A stormwater management facility or practice is inspected on a periodic basis by the person responsible in accordance with the approved inspection and maintenance agreement or in the absence of an inspection and maintenance agreement, in accordance with the requirements of this Section. If the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Department shall notify the person responsible for carrying out the maintenance plan who is specified in the inspection and maintenance agreement by registered or certified mail. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures are completed. Failure of the City to provide such notice shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater maintenance facility. If the person responsible fails or refuses to meet the requirements of the inspection and maintenance agreement, the Department may correct the violation as provided in this Section. 5. An annual inspection shall be performed and attested to by a professional engineer with results reported to the City. Any deficiencies noted in either operation or maintenance of the facility must be included in the report along with the proposed remedies required and a timetable for their implementation. If substantial deficiencies are found, a follow-up inspection to confirm correction of said deficiencies shall be performed and reported to the City. D. Records of Maintenance Activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Department. 17.8 Stormwater Management Design Requirements A. Stormwater management requirements may be satisfied through individual on-site stormwater management facilities, including wet ponds, dry detention ponds, or other BMPs designed in accordance with the GSMM, subject to approval by the City Engineer. Where a regional stormwater facility has been designated in an approved watershed or master stormwater plan, the Director may require participation in such facility in lieu of or in addition to on-site controls. B. Stormwater Management Screening. Evergreen vegetative screening shall be provided with a minimum height of three (3) at the time of planting around the pond. B.C. Stormwater Management Fencing. When a detention structure is over four (4) feet deep or in a location that constitutes a danger to human habitation, it shall be protected by a permanent fence or barrier and warning signs. 1. Fences shall be five (5) foot high chain link or other approved material with a ten (10) foot wide gate. 2. Fences shall be located on the outside edge of the ten (10) foot perimeter easement. 3. No fences may be built that would inhibit proper function of the drainage system. C.D. Drainage Easements. Drainage easements suitable for the construction and maintenance of the drainage system shall be provided, in compliance with the following provisions: 1. All subdivision lots shall have a ten (10) foot drainage easement along all side lot lines. 2. All stormwater management facilities shall be accessible from a street by a minimum 20-foot graveled easement, which easement shall also be available to the City. 3. All detention facilities shall have a ten (10) foot access easement around the outside perimeter of the facility. 4. No fences or planting of shrubbery shall be allowed on the access easement(s). 5. The easements shall be shown on the final plat. 17.9 Stormwater Management Utility 17.9.1 General A. Given the needs, goals, program priorities and funding opportunities identified in the professional engineering and financing analysis, it is appropriate to authorize the formation of an organizational and accounting entity dedicated specifically to the management, maintenance, protection, control, regulation, use and enhancement of stormwater systems in the City in concert with other water resource management programs. B. Stormwater management is applicable and needed throughout the corporate limits of Stockbridge. C. The stormwater needs in the City include, but are not limited to, protecting the public health, safety and welfare. Provision of stormwater management programs and facilities renders and/or results in both service and benefit to all properties, property owners, citizens and residents of Stockbridge in a variety of ways as identified in the professional engineering and financial analysis. D. The City presently owns and operates stormwater management systems and facilities which have been developed over many years. The future usefulness of the existing stormwater systems owned and operated by the City, and of additions and improvements thereto, rests on the ability of the City to effectively manage, protect, control, regulate, use and enhance stormwater systems and facilities in Stockbridge in concert with the management of other water resources in the City. In order to do so, the City must have adequate and stable funding for its stormwater management program operating and capital investment needs. 17.9.2 Establishment of a Utility and Enterprise Fund A. There is hereby established a stormwater management utility within the Stockbridge utility department which shall be responsible for stormwater management throughout the City's corporate limits, and shall provide for the management, protection, control, regulation, use and enhancement of stormwater systems and facilities. Such utility shall be under the direction of a Stormwater Utility Directo. B. The City Manager and City Clerk shall establish a stormwater enterprise fund in the City budget and accounting system, separate and apart from its general fund, for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the utility, including, but not limited to, rentals, rates, charges, fees and licenses as may be established by the City council. All revenues and receipts of the stormwater utility shall be deposited promptly upon receipt into the stormwater enterprise fund, to be held and invested in trust for the purposes dedicated, and expended exclusively for purposes of the utility, including capital project construction. No other funds of the City shall be deposited in the stormwater enterprise fund or commingled with dedicated stormwater revenues, except that other revenues, receipts and resources not accounted for in the stormwater enterprise fund, including, but not limited to, grants, transfers of City funds, loans and bond proceeds may be combined with and applied to stormwater management capital projects as deemed appropriate by the City Council, upon recommendation of the City manager. C. The City Council hereby transfers to the Stormwater Utility Director operational control over the existing stormwater management systems and facilities owned and heretofore operated by the City and other related assets, including, but not limited to, properties upon which such facilities are located, easements, rights-of-entry and access and certain equipment. 17.9.3 Responsibility A. The stormwater management utility shall be responsible for stormwater management throughout the corporate limits of the City. The utility shall provide for the conservation, management, protection, control, use and enhancement of stormwater through planning, acquisition, construction, installation, management, operation, maintenance, regulation, extension and improvement of the public stormwater systems to collect, control, convey, store, detain, retain, recharge and treat stormwater and through regulation of stormwater management systems on private property. It shall be the long-term objective of the City to provide a comparable and consistent level of stormwater service to similarly situated properties throughout the service area. B. The system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or man made, within the political boundaries of the City of Stockbridge which control and/or convey stormwater through which the City intentionally diverts surface waters from its public streets and properties. The City owns or has legal access for purposes of operation, maintenance and improvements to those segments of this system which: 1. Are located within public streets, rights-of-way and easements; 2. Are subject to easements, rights-of-entry, rights-of-access, rights-of-use or other permanent provisions for adequate access for operation, maintenance and/or improvement of systems and facilities; or 3. Are located on public lands to which the City has adequate access for operation, maintenance and/or improvement of systems and facilities. C. Operation and maintenance of stormwater systems and facilities which are located on private property or public property not owned by the City and for which there has been no public dedication of such systems and facilities for operation, maintenance and/or improvement of the systems and facilities shall be and remain the legal responsibility of the property owner, or its occupant, or the homeowner's association in the case of a development, except as that responsibility may be otherwise affected by the laws of the State of Georgia and/or the United States of America. Where no dedication has been made and a private individual, entity or homeowner's association becomes responsible for the maintenance of a facility or pond following the expiration of the developer's four-year maintenance bond, an easement in favor of the City shall be required. If, at any time, a responsible party fails to maintain a stormwater facility or pond in the manner contemplated by the City, then the City will act to maintain the facility or pond. The private party shall remain responsible for all costs incurred for that maintenance provided by the City. D. It is the intent of the ordinance codified in this chapter to protect the public health, safety and general welfare of all properties and persons in general, but not to create any special duty or relationship with any individual person or to any specified property within or without the boundaries of the City of Stockbridge. The City expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the City, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created. To the extent any permit, plan approval, inspection or similar act is required by the City as a condition precedent to any activity by or upon property not owned by the City, pursuant to the ordinance codified in this chapter or any other regulatory ordinance, regulation or rule of the City or under Federal or State law, the issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money damages against the City, its officers, employees or agents. 17.9.4 General Funding Policy A. It shall be the policy of the City that funding for the stormwater utility is equitably derived through methods that have demonstrable relationships to the varied demands and costs imposed on the stormwater systems and programs and/or the level of service provided as a result of the provision of stormwater services and facilities. B. Service charges for stormwater management shall be fair and reasonable and shall bear a substantial relationship to the cost of providing services and facilities. The cost of stormwater services and facilities may include administrative, operating, capital investment, debt service, engineering and planning and reserve expenses, and may also include related regulatory expenses associated with watershed management requirements. Properties shall be charged rentals, rates, charges, fees or licenses in proportion to their related cost of service impact. C. Service charge rates shall be designed to be consistent and coordinated with the use of other funding methods employed for stormwater management by the City, whether within or outside the stormwater utility, including, but not limited to, plan review and inspection fees, special fees for services, fees in lieu of regulatory requirements, impact fees, system development charges and special assessments. 17.9.5 Stormwater Management Utility Service Charges A. There are hereby established stormwater management utility service charges that shall be billed to all properties in the Stockbridge service area, except as specific exemptions or credits may allow for in the ordinance codified in this chapter or shall allow in future ordinances or amendments to this chapter. The stormwater management utility service charges may, but are not required to, include a service rate charge applied to each property. The service rate charge, if applied, shall be related generally to the amount and quality of runoff discharged to the public stormwater systems and stormwater receiving waters and to the costs of services associated with stormwater management. The service charge may also include a base rate charge for certain costs of service common to all stormwater management accounts, and/or special service charges to persons, entities or properties that require services and/or facilities not commonly needed by all persons, entities or properties. B. The service rate charge, if applied, shall be reflective of the cost of providing services and facilities to properly control stormwater runoff quantity and quality. The three (3) most important factors in the City's present cost of providing stormwater management services and facilities to individual properties are: 1. The size of each property; 2. The amount of impervious area on each property; and 3. The number of parcels in the service area. C. A base rate charge, if applied, shall be structured to recover those stormwater management costs of service that are not related to the size of individual properties or the amount of impervious area on individual properties, and may include, but are not limited to, the cost of billing and accounting for service charges to each account and other administrative and overhead expenses. D. Special service charges, if applied, shall be structured to recover the cost of providing to certain persons, entities and properties types or levels of stormwater management services that are not commonly required by all stormwater service charge ratepayers. Such services may include, but are not limited to, private development plan review and inspection, site inspections to verify the operational condition of on-site stormwater management systems, such as private detention/retention and conveyance facilities, monitoring and mitigative activities related to conditions on individual properties that impact water quality and actions to abate conditions on private properties that do not comply with adopted City standards and/or that interfere with proper stormwater management and have been determined to constitute a public nuisance. E. The professional engineering and management analysis conducted for the City determined that properties within the City service area classified as single-family residential property can be equitably and fairly charged based on a two-tier grouping according to the number of ERUs and parcel area. This method greatly simplified the computation of charges and reduces significantly the costs associated with individually unique parcel measurements. 1. Tier 1. Include all parcels up to ten thousand (10,000)10,000 square feet in size and are assessed one (1) ERU; 2. Tier 2. Include all parcels greater than ten thousand (10,000)10,000 square feet in size and are assessed two (2) ERUs. F. The Mayor and City Council hereby adopt these values as representative of the conditions of single-family residential property in Stockbridge. These values shall serve as the basis on which service rate charges will be calculated. G. Each single-family residential property shall be billed a stormwater service rate charge for the number of ERUs and the whole number of acres of parcel area. H. Tier 1 and Tier 2 parcels are assigned an acreage charge based on the actual acreage to the next whole integer. I. Properties classified as nonresidential shall be billed on the basis of the number of ERUs and acres calculated to exist. Each acre or fraction thereof and ERU or fraction thereof shall be charged a service rate charge at the rate per ERU of impervious area and each acre unit as defined below. J. The method of calculating the service rate charge for all properties shall be as follows: Parcel Fee = (IR) x (ERUs) + (AR) x (AU) + (AF) IR is the impervious area rate as established by this chapter or by amendment to this chapter. It is applied to the number of ERUs rounded to the next whole number. An ERU is defined as two thousand (2,000) square feet of impervious area. AR is the gross area rate as established by this chapter or by amendment to this chapter. It is applied to the number of acre units (AUs) in the parcel rounded to the next whole acre. AF is the administrative cost factor established by this chapter or by amendment to this chapter. The AF is applied as a fixed uniform flat charge to each parcel. K. The annual IR per ERU for the service rate charge applicable to each property shall be fifteen dollars and seventy cents ($15.70) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. L. The annual AR per AU for the service rate charge applicable to each property shall be zero dollars ($0.00) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. M. The annual base rate charge AF per each billed account shall be three dollars and sixtysix cents ($3.66) unless changed hereafter by ordinance. 17.9.6 Exemptions and Credits Except as provided in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exception, credit, offset or other reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities. A stormwater utility service charge credit technical manual will be prepared by the City's consulting engineers specifying the design and performance standards of on-site systems, facilities, activities and services which quality application of a service charge credit, and how such credits shall be calculated. This manual will be separately approved by the City Council and, by reference, incorporated herein. A. Undeveloped land as defined in this chapter shall be exempt from stormwater service charges. B. Developed land other than individual detached dwelling units, including, but not limited to, multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, public streets, roads, alleys and byways, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs and water and wastewater treatment plants may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit may be up 100 percent (100%) of the service charge applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services and activities provided, operated and maintained by the property owner reduce or mitigate the stormwater utility's cost of providing services and facilities. C. Groups of detached dwelling units represented by an incorporated homeowner's association providing on-site systems, facilities, services or activities which reduce or mitigate the stormwater utility's cost of providing services and facilities may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit available to groups of detached dwelling units may be up to 100% of the service charge applicable to the individual properties, and shall be proportional to the extent that on site systems, facilities, services and activities provided, operated and maintained by the homeowners association reduce or mitigate the stormwater utility's cost of providing services and facilities. D. Any credit allowed against the service charge is conditioned on continuing compliance with the City's design and performance standards as stated in the stormwater utility service charge credit technical manual and/or upon continuing the provision of the systems, facilities, services and activities provided, operated and maintained by the property owner or owners upon which the credit is based. A credit may be revoked by the City at any time for noncompliance. E. In addition to the foregoing credits based upon the design and performance of on-site systems, an educational credit shall be available to all public and private schools or school systems which agree to teach the WATER WISE program, an environmental science curriculum approved by the Georgia Department of Education, in grades one (1) through twelve (12). The educational credit may be up to 50% of the service charge applicable to a school property, and shall be proportional to the extent the approved curriculum is taught. Educational credits may be taken in conjunction with any other credit available under this section. The superintendent of schools shall certify annually to the Stormwater Utility Director, before August 1, the extent to which the curriculum was taught. 17.9.7 Billing, Delinquencies, Collections A. Stormwater management utility service charges shall be billed and collected in the manner and at the interval deemed most efficient by the City and shall be payable in accordance with the rules and regulations of the City finance department as applied generally to all bills. A stormwater service charge bill may be sent through the United States mail or by an alternate means notifying the customer of the amount of the bill, the date the payment is due and the past due date. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land, as shown from public land records of Henry County, shall be ultimately obligated to pay such fee. If a customer is under billed or if no bill is sent, the City may back bill for a period of up to one (1) year, but shall not assess penalties for any delinquency. A one and one-half percent (1.5%) per month late charge shall be billed based on the unpaid balance of any stormwater management utility service charge that becomes delinquent. B. The stormwater service charge may be billed on a common statement and collected with other utility services through separate bills or any other method by which the City could bill property owners. C. Any stormwater management utility service charge or portion of a service charge not paid when due may be recovered in an action at law or equity by the City. D. In addition to any other remedies or penalties provided by the ordinance codified in this chapter or any other ordinance of the City, failure to pay any utility service charge when billed in conjunction with another utility bill may result in a discontinuance of any or all other utility services provided by the City or by other with whom contractual agreements provide for discontinuance of service for nonpayment. The owner of each property, building, premises, lot or house shall be obligated to pay such fee, which shall be enforceable by the City by action at law or equity. E. No lien shall be imposed for delinquent collections unless a judgment is first obtained from a court of competent jurisdiction. F. Suits for collection shall be commenced by the City in the county of the owner's residence; provided, however, if the owner is not a resident of this State, suit may be filed in the Superior or State Court of Henry County, Georgia. If a suit is instituted by the City for collection, the owner shall pay court costs, litigation expenses and reasonable attorney's fees incurred by the City. G. If suit is instituted for the collection of any fees due hereunder or for the enforcement of the provisions of this Chapter, the owner shall pay the court costs, litigation expenses and reasonable attorney's fees associated therewith. 17.9.8 Appeals Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner: A. An appeal must be filed in writing with the City Stormwater Utility Director within 30 days of the action causing the appeal. In the case of service charge appeals, the appeal shall include a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area and any other features or conditions which influence the hydrologic response of the property to rainfall events. B. Based on the information provided, a technical review shall be conducted by the Stormwater Utility Director and a written determination will be issued within thirty (30) days of receipt of the appeal stating whether an adjustment to the service charge is appropriate and, if so, the amount of such adjustment. The written decision will be served on the appellant personally or by registered or certified mail, sent to the billing address of the appellant, or by email, sent to the email address of the appellant provided in the appeal. C. In response to an appeal, the Stormwater Utility Director may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this Chapter. D. A decision by the Stormwater Utility Director which is adverse to an appellant may be further appealed to the City Manager within thirty (30) days of receipt of notice of the adverse decision. Notice of the appeal shall state the grounds for the appeal. The City Manager shall issue a written decision on the appeal within thirty (30) days of receipt of the appeal. E. If the person or entity seeking adjustment or relief from the service charge desires, the decision of the City Manager may be appealed in writing to the Mayor and City Council, in accordance with Section 11.34, Appeals of Administrative Decisions. Such appeals must be made within thirty (30)30 days of the decision of the City Manager and include a written basis for the appeal. F. This appeal process shall not interfere with the rights of the person or entity to seek judicial relief in a court of competent jurisdiction but shall be exhausted before judicial relief is pursued. Any appeal to the Superior Court of Henry County must be filed within 30 days of the decision of the Mayor and City Council. G. Notices of the appeal and decisions shall be served personally or delivered by registered or certified mail to the address of record or delivered by or by email to the email address of the appellant provided in the appeal. 17.9.10 Effective Date of Stormwater Charges Stormwater service charges shall accrue beginning January 1, 2022, and shall be billed periodically thereafter to customers, except as specific exemptions and credits may apply. CHAPTER 18: GUARANTEES AND SURETIES 18.1 Generally 18.1.1 Surety Required Before plat recordation, land development permit, building permit, or other project close-out, the Director shall certify that the developer/subdivider/applicant has obtained the necessary bonds, other sureties, and/ or agreements that ensure completion of all required public and private improvements on the subject property. 18.1.2 Sureties Accepted Three types of guarantees and sureties shall be provided for as a part of the Final Plat approval and/or development permitting processes in accordance with the provisions herein: A. Performance guarantees. B. Maintenance guarantees. C. Maintenance agreements/inspections. 18.2 Performance Guarantees 18.2.1 Purpose Performance guarantees shall be allowed for required site improvements (public or private) not yet completed at the time a Final Plat or project closeout is desired. Instead of requiring the completion, installation, and dedication of any and all improvements prior to approval of a Final Plat or certificate of occupancy or certificate of completion, the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to complete all required improvements prior to the release of the performance guarantee. 18.2.2 Performance Guarantee Amounts The performance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 1.5 times the entire cost, as estimated by the developer or subdivider and verified by the City, of installing all outstanding required improvements. 18.2.3 Duration The duration of the performance guarantee shall be no longer than twelve (12 12) months for all required improvements, except for roadway improvements, which shall have a duration of four (4) years. The duration for roadway guarantees may be extended beyond four (4) years at the discretion of the City. In all cases, guarantees may be released earlier if the associated improvements are accepted by the City prior to the expiration of the applicable duration. 18.2.4 Financial Security Renewals A. For roadway improvements, the initial financial security shall remain in effect for a period of one (1) year and may be renewed for up to three (3) additional one-year terms, not to exceed a total duration of four (4) years subject to conditions as specified by the City. The developer shall be responsible for maintaining continuous and adequate financial security throughout the duration of the project. B. If, due to unforeseen circumstances, the City determines that an extension beyond four (4) years is warranted, such extension may be granted at the discretion of City. Prior to granting an extension beyond the four-year limit, the developer shall submit a current cost estimate for all remaining work to the City. The City shall review the submitted cost estimate and the remaining scope of work to verify that the existing financial security is sufficient to cover the cost of completing the improvements. If the City determines that the financial security is not adequate, the developer shall be required to provide an additional amount of financial security in a form acceptable to the City to ensure the full completion of the remaining improvements. 18.2.4 Forfeiture Performance guarantee funds shall be forfeited if the required improvements are not completed and accepted by the City within twelve (12)12 months, or in the case of roadway improvements, at the time of financial security renewal if the developer fails to renew the financial security prior to the completion and acceptance of the improvements. 18.3 Maintenance Guarantees 18.3.1 Purpose Maintenance guarantees shall be allowed for all improvements to be publicly dedicated and/or maintained (e.g.: streets, sidewalks, landscaping) to guarantee the quality and ongoing performance of the installations. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and living condition all applicable improvements prior to the release of the maintenance guarantee. 18.3.2 Maintenance Guarantees Amounts The maintenance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 60 percent of the construction value for all public improvements, as estimated by the developer or subdivider and verified by the City. 18.3.3 Duration The duration of the surety shall be for a period of 24 months following the date of approval of a Final Plat or final certificate of occupancy or certificate of completion. 18.3.4 Forfeiture Maintenance Guarantees shall be forfeited if the improvement fails to be kept in good repair and condition prior to the release of the maintenance guarantee. 18.4 Maintenance Guarantees (Stormwater) 18.4.1 Purpose Stormwater maintenance guarantees shall be provided for the ongoing maintenance of stormwater management facilities and features. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and working order all applicable improvements prior to the release of the maintenance guarantee. 18.4.2 Maintenance Guarantee for Stormwater Facilities Amount The stormwater maintenance guarantee shall be payable to the City and shall be in an amount equal to $5.00 per cubic foot of storage provided by the stormwater management facility, as estimated by the developer or subdivider, and verified by the City. The guarantee shall be accompanied by the appropriate agreements outlined in Section 18.5, Maintenance Agreements/Inspections (Stormwater). 18.4.3 Duration The duration of the surety shall be for a period of 24 months following the date of the approval of a final plat or final certificate of occupancy or certificate of completion. 18.5 Maintenance Agreements/Inspections (Stormwater) 18.5.1 Required for Private Stormwater Facilities Prior to the issuance of any project close-out, final plat, or certificate of completion/occupancy requiring a stormwater management facility or practice hereunder and for which the City requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site. 18.5.2 Agreement, Generally A. Recordation Required. The inspection and maintenance agreement, if applicable, must be approved by the City prior to approval, and recorded in the deed records of the office of the Clerk of the Superior Court of Henry County, Georgia. B. Inspector Required. The inspection and maintenance agreement shall identify, by name or official title, the person(s) responsible for carrying out the inspection and maintenance. C. Owner Responsibility 1. Responsibility for the operation and maintenance of a stormwater management facility shall remain with the property owner and shall pass to any successor owner, unless an agreement with the City is made whereby the City takes ownership of the facility. 2. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance. D. Schedule Required 1. As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice, including their associated landscaping measures. 2. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof. E. City Enforcement. In addition to enforcing the terms of the inspection and maintenance agreement, the City may also enforce all of the provisions for ongoing inspection and maintenance. 18.6 Authorized Guarantee Types 18.6.1 Mixture of Guarantees is Allowed The developer or subdivider shall provide either one, or a combination, of the following guarantees in the amounts and durations specified in this Section 18.6, Authorized Guarantee Types. Any expenses associated with the cost verification by the City shall be paid entirely by the applicant. 18.6.2 Bond Bonds shall be secured from a surety bonding company authorized to do business in the state. The bond shall be payable to the City. 18.6.3 Cash or equivalent security The developer or subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the City or in escrow with a financial institution designated as an official depository of the City. 18.6.4 Escrow Cash or other instrument is deposited in escrow with a financial institution as provided above, then the applicant shall file with the City of Stockbridge an agreement between the financial institution and the applicant guaranteeing the following: A. That said escrow amount will be held in trust until released by the Director and may not be used or pledged by the applicant in any other transaction during the term of the escrow; and B. That in case of a failure on the part of the developer or subdivider to complete said improvements/maintenance, the financial institution shall, upon notification of the City to the financial institution of an estimate of the amount needed to complete the improvements, immediately pay to the City the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the City any other instruments fully endorsed or otherwise made payable in full to the City. 18.7 Default and Forfeiture 18.7.1 Failure to Complete Improvements Upon default, meaning failure on the part of the applicant to complete the required improvements in the time allowed by this UDC, or as spelled out in the performance or maintenance bond or escrow agreement, then the surety, or financial institution holding the escrow account, shall, if requested by the City, pay all or any portion of the bond or escrow fund to the City up to the amount needed to complete the improvements or maintenance based on an estimate by the City. 18.7.2 Notification of Default A. Notification may take place following abandonment of the project for more than 90 continuous days. Upon payment, the City, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The City shall return to the applicant any funds not spent in completing the improvements. B. The City will provide written notice to the applicant or responsible party of bond default 30 days prior to the abandonment of the project. C. The written notice of notification shall at least contain the following information: a. The name and address of the applicant or responsible party; b. The name and address of the surety company, if applicable; c. The address or other description of the site; d. A description of the outstanding improvements that are required to be completed; and e. The deadline or completion date of any required improvements Formatted: Font: (Default) Calibri, Ligatures: None D. If the applicant has not completed the required improvements by the required deadline or completion date, the bond shall be defaulted. E. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 110, Variances and Appeals. 18.8 Release of Surety 18.8.1 Inspection and Acceptance Required The City may release a portion of any security posted as the improvements are completed or the maintenance period completed and approved by the Director. When the Director approves said improvements, the Director shall inspect the premises, and if work is found to be completed and satisfactory in accordance with ordinance regulations and approved plans, the Director shall release the portion of the security posted which covers the approved cost of the improvements and maintenance of satisfactorily completed work that was subject to the security. It shall be the responsibility of the applicant to petition the City for release of guarantees and sureties and to warrant that all improvements subject to the guarantee or surety have been completed to fulfill the requirements of this UDC. CHAPTER 19: ACRONYMS AND DEFINITIONS 19.1 Acronyms Acronyms: AASHTO – American Association of State Highway Transportation Officials ADA – Americans with Disabilities Act ADU – Accessory Dwelling Unit AMI – Area Median Income Avg – Average BMP—Best management practices (i.e. BMP plan) BTL—Build-to line CC – Certificate of Completion CLOMA—Conditional letter map of amendment CLOMR—Conditional letter of map revision CO – Certificate of Occupancy CPESC – Certified Professional in Erosion and Sediment Control CSD—Conservation subdivision development Formatted: Underline Formatted: Font: (Default) Calibri, Not Bold, No underline, Ligatures: None DBH—Diameter at breast height DCA—Department of community affairs DHR—Department of human resources DNR—Department of natural resources DRI – Department of Regional Impact EPA – Environmental Protection Agency FAA—Federal Aviation Administration FCC—Federal Communications Commission FEMA—Federal Emergency Management Agency FHBM—Flood hazard boundary map FIRM—Flood insurance rate map FIS—Flood insurance study GSMM—Georgia Stormwater Management Manual HCWSA—Henry County Water and Sewer Authority HPB—Historic preservation board HVAC—Heating, ventilation, and air conditioning ICWPA—Indian Creek Watershed Protection Area LIA—Local Issuing Authority LBCS—Land based classification standards LBWPA—Long Branch Creek Watershed Protection Area MCC—Mayor and city council MNGWPD—Metropolitan North Georgia Water Planning District MRPA—Metropolitan River Protection Act NEPA – National Environmental Policy Act NGVD—National Geodetic Vertical Datum NOI—Notice of Intent NOT—Notice of Termination NPDES – National Pollutant Discharge Elimination System NWI—National Wetland Inventory O.C.G.A.—Official Code of Georgia Annotated OHSA – Occupational Safety and Health Administration PC—Planning commission PD—Planned development PODS – Portable on-demand storage units RFN—Residential fly-in neighborhood RNC—Rural neighborhood commercial ROW—Right-of-way RPZ—Runway protection zone RV—Recreational vehicle SF or Sq. Ft. – Square Feet WCF—Wireless communication facility WPA—Watershed protection area 19.2 Definitions For the purposes of this unified development code in addition to their common meanings certain words and terms used herein, unless the context otherwise requires, shall be defined and interpreted as follows. The use of the singular includes the plural and the plural the singular; the present tense includes the future; the use of "shall" means the action is mandatory, the use of "may" or "should" means the action is optional. Any masculine pronoun shall be deemed to refer to a person, whether male or female. To the extent the definition of a term defined herein conflicts with the definition of such term as defined in Merriam-Webster's Dictionary, the definition in the existing Stockbridge Municipal Code shall govern. All terms not defined herein shall be defined within the Merriam-Webster's Dictionary. Terms not found in the Stockbridge Municipal Code shall be defined as in the Official Code of Georgia Annotated. A "Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery. "Abandonment" means the relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with neither transferring rights to the property to another owner nor of resuming the use of the property. “Abatement” means the method of reducing the degree and intensity of pollution, nuisance, or identified area of non-compliance with this Development Code. “Absorption” means the penetration of one substance into or through another; or, the length of time it takes for a product or real estate to be sold or rented. “Abut” means to physically touch or border on; or to share a common property line but not overlap. “Acceleration lane” means an added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream. “Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. “Access management plan” means a plan showing the design of access upon a lot. It involves planning for the entry and exit of traffic on major roads in such a way as to keep interference with traffic flow to a minimum and maximize public safety. “Access permit” means a permit issued by the appropriate governmental agency for the construction, maintenance, and use of a driveway or public street connecting to a highway. “Accessible design” means accessible generally means that environments, objects, and systems meet prescribed requirements for accessibility for people with disabilities. “Accessible route” means a continuous, unobstructed path connecting all accessible elements and spaces of a building or facility. "Accessory equipment" means any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or other structures. "Accessory structure" means a structure which is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or principal use, and does not alter or change the character of the premises; is located on the same lot as the primary building, structure, or use. "Accidental discharge" means a discharge prohibited by this Chapter which occurs by chance and without planning or thought prior to occurrence. “Acre” means a measure of land containing 43,560 square feet. “Activity center” means a community focal point providing for the combination, rather than scatteration, of general retail, service, commercial, professional office, higher density housing, and appropriate public/quasi-public uses. “Adaptive reuse” means the development of a new use for an older builder or for a building originally designed for a special or specific purpose. "Addition to an existing building" means 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. “Adjoining lot or land” means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. See “Abut”. "Administrative variance" means a grant of relief by the administrator from specified standards of the unified development code and where such a waiver will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. "Administrator" means the individual or group responsible for the implementation and enforcement of the ordinance. The Community Development Director, or their designee, shall be the administrator for the zoning ordinance. "Adult day care" means a facility that provides support for elderly individuals (and their families, if present), who do not function fully independently, but who do not need twentyfour-hour nursing care. "Adult entertainment establishment" means any establishment featuring live performances, films, still pictures, electronic reproductions, or video with graphic or other visual images distinguished or characterized by an emphasis on sexual conduct or sexual explicit nudity. Adult entertainment establishments include, but are not limited to, adult bookstores, adult dance establishments, adult motion picture arcades, adult movie theaters, and adult video stores. “Adverse impact” means a condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities. Adverse impacts usually related to circulation, erosion, drainage, potable water, sewage collection and treatment, but may also relate to lighting and glare, aesthetics quality of life, and environmental impact. "Aerial view sign" means any sign which is designed primarily to be viewed from above, rather than the standard grade of the ground, vehicles, and local buildings. Aerial view signs may be mounted on roofs or on the ground, but are generally installed in a manner that is not conducive to being interpreted in the immediate ground-level vicinity. “Affordable housing” means housing with sales price or rent within the means of a low-, middle-, or moderate-income household as defined by state or federal legislation. Not necessarily the same as subsidized housing. "Aggregate sign area" means the total area of all signage on a particular lot. “Aggrieved person” means a person, organization, or entity with a direct, substantial, and legally protectable interest in land or property that may be adversely affected by a decision or determination under this Code. “Agrarian” means relating to the use of land for agriculture, particularly the cultivation or growth of a field or horticultural crop, including dairying, livestock, and poultry raising. “Agricultural building” means a structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown or raised on the premises. “Agricultural land, prime” means land that qualifies for a rating as Class I in the US Department of Agriculture (USDA) Soil Conservation Service land-use capability classification. "Agriculture" means cultivating the soil, producing crops and raising of livestock (farming, and associated activities) upon one (1) or more tracts of land containing not less than three (3) acres. Selling of products raised on the premises shall be considered a permissible activity; provided, that space for the off-county right-of-way parking is available to customers. “Agricultural services” means establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services, and farm labor and management services. “Agri-tourism” means agricultural uses such as farms, ranches, and vineyards, that, through promotion and advertising, facilities, and activities seek to attract visitors and guests. Also includes agri-tainement. Events and activities, such as mazes, hayrides, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agricultural support and services directly associated with ongoing agricultural activity on-site. Examples of agritourism include dinner on the farm where paid meals are prepared for members of the public from products of the farm, roadside markets, winery, agricultural craft and gift sales, garden and nursery sales, and special events. "Aircraft" means any vehicle used or designed for flight in the air. "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft. The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and freight. "Alleys" or "alleyways" means a private alley located in the rear of residential uses that provides residents with vehicular access to their residences. Alleys shall be maintained by the adjoining property owners, homeowners' associations or condominium/apartment associations. Alleys shall be constructed to meet the following requirements: Private alleyways shall be a minimum of eighteen (18) feet in width and sixteen (16) feet thereof shall be paved with concrete or asphalt. Concrete alleys shall be reinforced and have a minimum depth of six (6) inches with appropriate base. Asphalt alleys shall consist of a minimum of two (2) inches of type "E" or "F" asphalt topping, binder, and six (6) inches of graded aggregate base. Private alleys, at a minimum, shall be constructed to provide adequate turning radii onto public streets, driveways, residential parking garages and carports for full-size, noncommercial, two-axle vehicles. Curbs and gutters are not required. Private alleyways shall not have dead ends but, in limited circumstances and upon specific approval by the city, may have cul-de-sacs where the alley serves a small number of residences or the topography of the land makes an exit impracticable. "Alteration" means a change in size, shape, character, occupancy or use of a building or structure. "Alteration, structural" means any change in the supporting elements of a building such as bearing walls, columns, beams, or girders. "Amendment" means any repeal, modification, or addition to a regulation; or any new regulation. "Amenities" means the area(s) set aside for active and passive recreation for the residents inside the development according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas, and other facilities for sports activities. "Amenity area" means the area(s) set aside for active and passive recreation for the residents inside the PTD (or for the public) according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas, or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas and other active recreational facilities. “Americans with Disabilities Act (ADA)” means a 1990 federal law designed to bring Americans with disabilities into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services. "Amphitheater" means an open-air venue used for entertainment, performances, and sports. An amphitheater is a circular or oval open-air venue with tiered seating surrounding a central open area, while a theater can be either indoor or outdoor and is designed for performing arts. "Amusement park (outdoor or indoor)" means land designed to be used by the public for a fee that contains amusement facilities, such as merry-go-rounds, race car and bike tracks, outdoor motion picture theaters, paint ball courses, driving ranges, miniature golf courses, skateboard rinks, and similar uses for entertainment. “Animal hospital” means a Facility for the medical treatment and temporary boarding of domestic animals operated under the supervision of a licensed veterinarian. “Animal kennel” means any structure or premises in which animals are boarded, groomed, bred, or trained for commercial gain. “Animal shelter” means a facility used to house or obtain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. "Animated sign" means a sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, hand-powered, or electronic means, including wind-activated elements such as spinners and aerial devices, to depict action or create a special effect or scene. “Annexation” means the incorporation of land area into an existing community with a resulting change in boundaries of that community. “Antique shop” means a store or shop for the sale of relics, works of art, furniture, or decorative objects made at much earlier time period than the present. "Apartment" means a type of multifamily dwelling, with private bath and kitchen facilities or combination living space and commercial building, arranged, intended, designed, or occupied on a rental basis. "Apartment building" means a type of multifamily dwelling arranged, intended, designed, or occupied on a rental basis. "Appeal" means a request for a formal review of an appointed administrative official's decision regarding provisions of this unified development code. "Applicant," means a person submitting an application and plan for approval. “Application for development” means the application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review and approval purposes. "Approach surface" means the area longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. “Approved plan” means a plan that has been granted final approval by the appropriate approving authority. “Approving authority” means the agency, board, group, or other legally designated individual or agency that has been charged with the review and approval of plans and applications. "Arcade" means a roofed passageway, lane, or area supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery contiguous to a street or plaza that is open provides public access to building entrances, retail space and/or public space and is accessible to the public. An arcade may be especially one (1) with shops on one (1) or both sides or a commercial establishment featuring rows of coin-operated games. "Arch" means a structure forming the curved, pointed, or flat upper edge of an open space and supporting the weight above it, as in a bridge or doorway. “Architectural projections” means building projections that are permitted to intrude into the required front, rear, and side yards. "Area of future-conditions flood hazard" means the land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (one hundred-year future conditions flood). "Area of shallow flooding" means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" means the land area subject to a one percent (1%) or greater chance of flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation designated as zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM). "Art studio" means an area in a building used for creation, production, rehearsal, study or teaching of any visual art or craft, including, but not limited to, painting, drawing, graphic design, photography, video, film, sculpture and pottery; written works of fiction or nonfiction; or any performing art, whether for live or recorded performance, including music, dance and theater. "Artist studio" may include performance space related to classes taught on-site and recording studios; a studio for artisan related crafts, such as small scale metalworking, glassblowing, furniture making, pottery, leather craft and similar activities. "Artist studio" may also include accessory sales of art produced on the premises. "Artist" means a person who practices one (1) of the fine arts, design, graphic, musical, literary, computer, or performing arts; or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists and photographers; performing arts, such as musicians, composers, playwrights, choreographers and dancers; literary arts, such as creative writers and literary translators; architecture and design, such as architects, landscape architects, engineers, urban designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers; and media arts, such as filmmakers, video and audio artists and web-based designers. "As-built plan" means a plan and supporting documentation which describes a particular site after construction has been completed. This plan should indicate all structures, hard surface features, utilities, landscaping areas, tree preservation zones, and tree replacement areas. "Assisted living facility" means a state-licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services within independent living units which could include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. "Athletic field" means open land used for outdoor games such as baseball, football, soccer and other field sports. "Authority" means the Henry County Water and Sewerage Authority or the Clayton County Water Authority. "Automobile sales" means the use of any building, land area, or other premise for the display and sale of new or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use. An automobile service station is neither a repair nor a body shop. "Automobile service station" means a building or premises where products necessary for automobile service or maintenance are sold; provided, there is no storage or dismantling of automobiles and only minor services are rendered. "Automotive service, major" means repair services to motor vehicles which require substantial replacement and/or repair of major components. Examples of major automotive repair services include, but are not limited to, transmission repairs/replacement, engine overhaul and radiator repair. Any repair services to construction equipment, agricultural equipment, commercial highway tractors, or dump trucks shall be considered major automotive services. "Automotive services, minor" means repair and maintenance services which require only very brief adjustment and replacement of minor components. Examples of minor automotive services include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement and alignment. B “Back-to-back lots” means separate land parcels that have at least half of each rear lot line coterminous. "Banner sign" means a sign made of flexible materials and supported along one or more sides or at two or more corners by one or more fixed, rigid sup ports, such as poles or rods. “Bar” means an establishment in which alcoholic beverages are served for on-site consumption, primarily by drink. Synonym Tavern. “Barn” means a large farm building used for storing grain, hay, or straw, or housing livestock or storing equipment. See: Agricultural Building. “Base flood” means the minimum magnitude flood to be used by a community as a basis for its floodplain management regulations; presently required by regulation to be that flood which has a one-percent change of being equaled or exceed in any given year. "Base flood elevation" means the highest water surface elevation anticipated at any given location during the base flood. "Basement" means that portion of a building that is partly or completely below grade where the finished floor level of the floor above the level under construction is: (1) Six (6) feet or less above the grade plan. (2) Six (6) feet or less above the finished ground level for more than fifty percent (50%) of the total building perimeter. (3) Twelve (12) feet or less above the finished ground at any point. "Bed and breakfast facility" means a private residence that offers sleeping accommodations to lodgers in six (6) or fewer rooms for rent, in the owner or operator's principal residence while renting rooms to lodgers, and serves breakfasts at no extra cost to its lodgers. For the purpose of this definition, a lodger means a person who rents a room in a bedand-breakfast establishment for fewer than thirty (30) consecutive days. "Bedroom" means a room that has a closet. "Bench sign" means a sign applied or affixed to a seat, bench, or other piece of street furniture. “Berm” means an earthen structure used as a screening device in conjunction with the planting of grass, shrubbery and trees. "Best management practices" means a collection of structural practices and measures written by a state agency or other known authority which, when properly designed, installed and maintained, will prove effective in the areas of erosion and sedimentation control, silviculture, stormwater, etc. The term "properly designed" means 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(b). "Best management practices plan (BMP plan)" means a plan consisting of a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. "BMP landscaping plan" means a design for vegetation and landscaping that is critical to the performance and function of the BMP, including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific). “Bicycle (bike)” means a device propelled solely or in part by human power having tow or more wheels in tandem, including children’s bicycles, except a toy vehicle intended for use by young children, such as a tricycle. “Bicycle lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for Bicycle Lane is five feet and traffic flow is one-way. “Big box store” means a large, freestanding, single-story retail store, of generally more than fifty thousand square feet, and usually part of a regional or national chain. “Bike lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for a Bicycle Lane is five feet and traffic flow is one-way. “Bike path” means (1) a facility that is paved or unpaved and physically separated from motorized vehicular traffic by an open space or barrier; (2) a designated right-of-way for bicycles, separated from pedestrian and motor vehicles. “Bike route” means a segment of road designated by the jurisdiction having authority, with appropriate directional and informational markers, but without striping, signing, and pavement markings for the preferential or exclusive use of bicyclists. "Billboard" means freestanding sign, supported by one or more poles, with an area of greater than seventy-two (72) square feet, for the purposes of advertising to travelers upon major roadways and interstates. “Biomedical waste” means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses, chemotherapy waste, and discarded medical equipment and parts. “Blank wall” means an exterior building wall with no openings and generally constructed of a single material, uniform texture, and on a single plane. “Blighted area” means an area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of utilities, accumulation of trash and junk and impacted by adverse environmental nuisances, such as odor, noise, and heavy traffic. "Block" means an area of land within a subdivision that is entirely surrounded by streets, public lands, rights-of-way, watercourses, or other well-defined and fixed boundaries. (Blocks are illustrated in figure A.1.) "Boarding and/or rooming house" means a building dedicated to and used for the lodging and/or feeding, for compensation, of up to six (6) non-transient persons, unrelated by blood or marriage to the owner or operator of the house, and where renting individuals are also served with meals prepared in one (1) kitchen by the owner or operator of the house, as defined herein. Foster children placed in a family home, a community residential home with six (6) or fewer residents, a nursing home, or a personal care home shall not be established as a boarding and/or rooming house. "Body shop" means a building or location where motor vehicle repair and/or replacement are performed, including, but not limited to, painting and metal fabrication of motor vehicles bodies or structures. A body shop is a major automotive service. "Boutique hotel" means a facility not exceeding sixty (60) rooms and where overnight accommodation for less than thirty (30) days are provided for compensation. The building shall have interior design compatible with the area in which the hotel is located. The boutique hotel shall provide guests with high quality services, such as, but not limited to, concierge, on-site restaurant, room service, meeting space, business center, banquet facilities, spas, doormen, valet parking, boutiques and/or other amenities. Guest rooms within the building shall contain no equipment for food preparation other than a mini-fridge and/or microwave. There shall be no self-serve laundry facilities (for guests use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. “Brewpub” means a restaurant that prepares handcrafted natural beer intended for consumption on the premises as an accessory use. "Breezeway" means a roofed, often open, passageway connecting two (2) buildings or halves of buildings. In residential zoning districts the maximum length of a breezeway that is used to incorporate a new structure as part of the principal building is not to exceed twenty (20) feet and the minimum width is to be four (4) feet. The breezeway is to connect each building at an exterior door. “Broadcasting station” means room(s) or suite operated as a radio or television broadcasting station or station with local broadcast capabilities intended for satellite distribution of programs. "Buffer" means a natural and/or enhanced vegetated landscaped area of a lot located and/or established. A buffer is maintained and created with the intention to visibly separate different and possible incompatible types of uses, measured from the common property line of the different uses, to shield or block noise, light, glare, or other nuisances, or 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 within a water supply watershed adjacent to reservoirs or perennial streams. (1) "Natural/undisturbed buffer" means land area in which there is no disturbance including, but not limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer width, the vegetation can be fully protected during construction, and the existing vegetation can be proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly dense to be accepted by the city as equivalent to a planted buffer once mature. (2) "Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate and therefore requires additional vegetative screening. No disturbance is allowed except for maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access, utility crossings and the addition of vegetative screening. (3) "Maintained landscape buffer" means land area in which grading is allowed and revegetation to a buffer is required specific to a zoning case. Buffer must be replanted but also maintained per approved landscape plan and not allowed to revert to a natural/undisturbed buffer. (4) "Stream buffer (State)" means "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." The definition of stream buffer is governed by Georgia law, O.C.G.A. § 12-7-1. (5) "Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area lying adjacent to the stream. (6) "Structural buffer" means a buffer that creates a visual screen through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one (1) side to the other throughout the year. (7) "Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special use or variance approval for a specific property. "Buffer strip" means land area located within the boundary of a lot required to be set aside and used for landscaping and upon which only limited encroachments are authorized. "Build-to line" means the line at which construction of a building facade is to occur on a lot. A build-to line runs parallel to the front property line and is established to create an even (or more or less even) building facade line on a street. "Buildable area" means the portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located. "Building" means any structure attached to the ground with a roof, designed and built for support, shelter, storage, or enclosure for occupancy by persons or animals. (1) "Accessory building" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. (2) "Building addition" means any walled and roofed expansion to the perimeter of a building which is connected by a common load-bearing wall other than a firewall. (3) "Building frontage" means the linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot. (4) "Building permit" means the permit required for new construction, completion of construction, or an interior finish pursuant to the applicable building code. As used herein, the term shall not include permits required for remodeling, rehabilitation, or other improvements to an existing structure provided there is no increase in the demand placed on those public facilities as defined herein. (5) "Elevated building" means a non-basement building constructed with 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. (7) "Principal building" means the building or structure in which the primary use permissible on the lot is conducted. In RR (less than two (2) acres or a platted subdivision), SR, CCR, MFR, and MHR residential zoned districts a dwelling shall be deemed to be the principal building on the lot. A structurally independent garage, carport or other structure may be attached to the principal buildings by a roofed breezeway which shall cause the entire structure to be construed as part of the principal building and shall be subject to the sections applicable to the principal building or structure. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any accessory building. "Building envelope" means the area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located. "Building height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Built environment" means the elements of the environment that are generally built or made by people as contrasted with natural processes. "Burial ground" means an area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. “Business day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Business frontage" means that portion of a building frontage occupied by a single tenant space having a public entrance within the building frontage. C “Café” means a small restaurant primarily serving coffee drinks and light meals, sandwiches, and/or deserts and which often includes an outdoor seating area and provides table service indoors and out. “Cafeteria” means a restaurant in which patrons wait on themselves, carrying their food from counters, where it is displayed and served, to their tables. "Caliper" means a standard of trunk measurement for understory or replacement trees. Caliper inches are measured at the height of six (6) inches above the ground for trees up to and including four (4) inch caliper and twelve (12) inches above the ground for trees larger than four (4) inch caliper. “Campground” means a plot of ground on which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes. Temporary living quarters shall herein be meant to not last longer than 14 continuous days. “Canopy, fuelgas station” means a protective covering or a roof like structure that is free standing, for protection from the elements, not for human habitation, but affixed permanently to the ground. All canopies shall be located at least 15 feet from any public rights-of-way. "Canopy roofed structure" means a roofed structure that covers an area, or especially one that shelters a passageway between two (2) buildings. "Canopy sign" means any sign on a cloth, metal, plastic, or other cover designed to shade or shelter a window or entrance of a building or structure. "Canopy tree (large tree or shade tree)" means any tree, evergreen or deciduous, whose mature height can be expected to exceed 40 feet and whose crown spread can be expected to exceed 30 feet. Shade trees for landscaping industrial, commercial, office-institutional, multifamily residential and mobile home zoning developments, existing or planted, shall be at least eight (8) feet in height and two (2) inches in diameter, measured at six (6) inches above grade for new trees and measured at four and one-half (4½) feet above grade for existing trees. Examples include Red Maple, Sycamore, English Oak, Willow Oak, Loblolly Pine, or trees of similar stature. "Capital improvement" means an improvement with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of a public facility. "Capital improvements element" means that portion of the City of Stockbridge comprehensive plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the mayor and city council. Formatted: Heading 3, Space Before: 0 pt, After: 0 pt "Care home" means a care facility where personal care services are provided to more than six (6) nonfamily adults. See "personal care home" definition for permitted services and other requirements. "Carport" means any parking space(s) having a covered roof but not enclosed by walls and is an accessory structure to a dwelling unit. Carports shall not include any parking structures. “Car wash” means an establishment engaged in the business of washing, cleaning, or the interior detailing of vehicles. "Cemetery" means any land or structure in the City of Stockbridge dedicated to and used, or intended to be used for interment of the dead. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium or a combination of one (1) or more thereof, and including chapels or churches when operated in conjunction with and within the boundaries of such cemetery. “Certificate of Appropriateness” means 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. "Certificate of occupancy" means a document issued by the director indicating the use of a particular building or land which conforms to the requirements of this unified development code. "Certified personnel" means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. "Changeable copy sign" means a sign with the capability of copy change or rearrangement by means of manual, remote, or electronic input upon which changeable letters may be placed, without altering the face or the surface of the sign. “Change of use” means (1) a change from one use classification in the zoning ordinance to another use classification; (2) any use that differs substantially from the previous use of a building or land. "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. “Character” means special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest / individuality. "Charging" occurs when the connector from the EVSE (or standard outlet) is inserted into the EV inlet, and electrical power is being transferred for the purpose of recharging the battery on board the EV. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an EV's battery is recharged. EVSE is classified into categories by the rate at which batteries are charged: AC Level 1; AC Level 2; and DC Fast Charging. “Childcare center” means an establishment providing for the care, supervision, and protection of children. "Church or other place of worship" means a building used for public worship including temples, synagogues and related Sunday school or church facilities. "Cigar bar/lounge" means an establishment that caters to patrons who smoke cigars. May serve food and alcohol in accordance with the alcohol ordinance. "City" means the City of Stockbridge, Georgia. "City's separate storm sewer system" means any facility designed or used for collecting and/or conveying stormwater, including, but not limited to, any roads with drainage systems, highways, City streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and manmade or altered drainage channels, reservoirs and other drainage structures, and which is: 1. Owned or maintained by the City; 2. Not a combined sewer; and 3. Not part of a publicly owned treatment works. "City street" means a street which is owned and/or maintained by the City of Stockbridge. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. "Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area. "Clinic" means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) physician or dentist or a group of physicians or dentists practicing medicine. "Club" means a building or facilities owned or operated by and for special educational or recreational purposes, but not primarily for a profit or to render a service that is customarily carried on for a gain. "Coastal marshlands" shall have the same meaning as in O.C.G.A. § 12-5-282. “Coffeehouse” means an establishment that serves primarily prepared coffee or other hot drinks as well as light snacks. “College” means an institution of higher education and research that provides undergraduate or graduate degrees. "Commercial drone delivery hub" means an area of land, structural surface, building, or structure with one (1) or more designated drone staging areas for use by unmanned aircraft, to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system (UAS) buildings, structures, and other facilities. "Commercial vehicle" means a vehicle whose gross vehicle weight rating (GVWR) is over twenty-six thousand (26,000) pounds, or a trailer with a gross vehicle weight rating of over ten thousand (10,000) pounds, including commercial tractor-trailers, dump trucks, wreckers, and earth-moving equipment. Agricultural vehicles and equipment and school buses shall be excluded from this definition. "Common area" means land within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Common area may include complementary structures and improvements. “Common open space” means land within a Tiny House Village Development that is designated and permanently reserved for the common use and enjoyment of the residents of the development. Common open space may include landscaped greens, plazas, community gardens, walking trails, playgrounds, community buildings, seating areas, recreational amenities, and similar improvements. Required yards, parking areas, public or private streets, drive aisles, utility easements, and stormwater management facilities shall not be considered common open space unless expressly approved by the City. "Compatibility" means the characteristics of different uses, activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: Height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. "Completion of construction" means the issuance of the final certificate of occupancy by the appropriate governmental jurisdiction. The date of completion is the date on which such certificate is issued. "Comprehensive plan" means the City of Stockbridge plan or planning elements as adopted or amended in accord with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning. "Comprehensive Planning Act" means O.C.G.A. § 50-8-1 et seq. and the Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs. “Concept plan” means a schematic or conceptual design for land development, prepared for informal review purposes, that carries no vesting rights or obligations to any party. "Condemnation" means the taking of private property by a government unit for public use, when the owner will not relinquish it through sale or other means; the owner is compensated by payment of market value. The power to take the property is based on the concept of eminent domain. "Condition of approval" means stipulations or provisions that are provided above and beyond the minimum requirements that are set forth as a prerequisite for the approval of an application. "Conditional use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A conditional use is permanent in nature. "Condominium" means the ownership in fee simple title of a single unit in a multifamily family dwelling and an undivided ownership interest, in common with other owners of the common elements of the structure, including the common areas of land and its appurtenances. "Confined animal feeding operation" means a building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses—one (1) per forty-three thousand five hundred sixty (43,560) square feet (one (1) acre); cows—one (1) per forty-three thousand five hundred sixty (43,560) square feet; sheep or goats—one (1) per twenty thousand (20,000) square feet; fowl—twenty (20) per forty-three thousand five hundred sixty (43,560) square feet. "Conical surface" means the surface that extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet. "Conservation easement" means an agreement between a land owner and the City of Stockbridge or other government agency or land trust that permanently protects open space or greenspace on the owners land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership. "Construction" means any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property. "Construction activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition. "Construction buffer" means a type of buffer which is temporary and remains in effect during the construction of a project. "Construction standard drawing" means the construction standards manual utilized by the City of Stockbridge and related drawings for public improvements. "Cooking facilities" means any device used in the preparation of food, including range, ovens, cook-top surface units, refrigerators, electric warming irons or hot plates, microwave ovens, coffee makers, toaster ovens, and other similar small electric appliances, freezers separate from or not included within a refrigeration unit are not included in this definition. "Copy" means the graphic content or message of a sign. "Cornice" means the uppermost horizontal molded projection or other uppermost horizontal element located at the top of a building or portion of a building. "Corridor" means a street, roadway, river or other linear element connecting major sources of trips that may contain a number of streets, highways, and transit route alignments. A corridor is also defined as all land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed. “Cottage Home” means a detached single-family dwelling of compact residential design, constructed on a permanent foundation, that is larger than a Tiny House and intended for permanent residential occupancy within a Cottage Home Village or mixed Tiny House and Cottage Home Village Development. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. “Cottage Home Village Development” means a residential development consisting of multiple Cottage Homes, or a combination of Tiny Houses and Cottage Homes, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.12 of this UDC. “Cottage Court” means a residential development consisting of a group of small detached dwelling units oriented around a shared common open space and developed under a unified site design. "County." The use of the word "county" shall mean Henry County unless otherwise specified. "County street" means a street which is owned and/or maintained by Henry County. "Covenant, protective" means a contract entered into between private parties which constitute a restriction on the use of a particular parcel of property. "Covenant, restrictive" means private contracts entered into between the developer and purchaser(s) which constitute a restriction on the use of all private property within a development for the benefit of property owners, and provide a mutual protection against undesirable aspects of development which would tend to impair stability of values. "Credit" means a conditional reduction in the amount of a stormwater service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or the provision of a service or activity by property owner, which system, facility, service or activity reduces the stormwater utility's cost of providing stormwater services and facilities. Credits for on-site stormwater systems shall be generally proportional to the effect that such systems have on the peak rate of runoff from the site. "Critical root zone" means the minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient critical root zone (CRZ) and will typically be an area represented by a circle centered on the tree's trunk with a radius equal to one (1) foot per one (1) inch of trunk diameter at breast height (DBH). Example, a twelve-inch diameter tree at breast height (12 inches DBH) would have a 12 foot radius circle (twenty-four-foot diameter circle) which represents the critical root zone (CRZ). "Cross access easement" means a limited right to make use of a property owned by another to gain access to another property; a right-of-way across the property. “Curb” means a stone, concrete, or other improved boundary marking the edge of a roadway or paved area. “Curb cut” means provision for vehicular ingress or egress connecting land or property to an abutting street. "Cut" means 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. “Customary home occupation” means an incidental land use that is permitted within a primary dwelling or an accessory structure upon a lot, which complies with all standards applicable in this UDO. "Customers of the stormwater management utility" includes all persons, properties and entities served by and/or benefiting from the utility's acquisition, management, maintenance, extension and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities and activities related thereto, and persons, properties and entities which will ultimately be served or benefited as a result of the stormwater management program. D “Damage, substantial” refers to any change to a structure which impairs its value, usefulness, or normal function. For the purposes of this UDO, substantial damage shall occur when the cost of restoring the structure would equal or exceed 50% of the market value of the structure before the damage occurred. "Dance studio" means a facility designed and used for the professional instruction and rehearsal of dance, including, but not limited to, ballet, tap, jazz, contemporary, ballroom, hiphop, and other forms of dance that do not include adult erotic dancing. Workshops, private lessons, and classes can all be offered. "Day care facility/center for children, day care center for youth, nursery schools and kindergarten schools; and a day care center for adults" means a firm, partnership, corporation, individual, or other business entity providing care for more than six (6) children or adults, not related by blood or marriage, or not the legal wards or foster children of the attendant adult or adults when conducted in a principal structure or within a church or school. Child care centers must provide at least two hundred (200) square feet of outdoor play area and thirty-five (35) square feet of indoor play space is provided for each child. The outdoor play area shall be enclosed by a security chain link fence, at least four (4) feet in height. A State license and a county business license are required. "Dead, dying, or hazardous tree (DDH)" means a tree that has structural defects in the roots, stem, or branches that may cause the tree or a part of the tree to fail, where such failure may cause property damage or personal injury. "Decal" means a picture, design or label made to be transferred to glass, wood, metal, or any other hard surface material. “Deciduous” means plants that drop their foliage annually before becoming dormant. “Deck” means an unroofed platform, either freestanding or attached to a building, that is supported by pillars or posts. “Dedication” means the transfer of property by the owner to another p "Density, gross" means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre. "Density, net" means the number of dwelling units per acre of land when the average involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, common open space, flood hazard areas, steep slopes (greater than twenty-five percent (25%)) and public land. For mixed use and interchange activity center zoning districts net density can include open space in the calculation as long as open space is used for passive recreation. "Department" means the City of Stockbridge Community Development Department, as established by the City of Stockbridge City Council, and as operated through the actions and administration of the city manager or his/her designee. "Department of Community Affairs (DCA)" means the Georgia Department of Community Affairs (DCA) was created in 1977 to serve as an advocate for local governments. DCA operates a host of State and Federal grant programs; serves as the State's lead agency in housing finance and development; promulgates building codes to be adopted by local governments; provides comprehensive planning, technical and research assistance to local governments; and serves as the lead agency for the State's solid waste reduction efforts. "Design professional" means a professional licensed by the State 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 EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable State law governing professional licensure. "Detention" means the temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge. "Detention facility" means a structure designed for the storage and gradual release of stormwater runoff at controlled rates. "Developed land" means all real property altered from its natural state by grading, paving, compaction, construction of structures, impervious services or drainage works so that hydrologic response of the property is changed from that which would occur in the natural undeveloped condition. "Development" means any action which creates demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; any change in use of land, a building, or structure; or the connection of any building or structure to a public utility. "Development" or "single development" means any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership. Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, clearing, digging, filling, dredging, excavating, grading, grubbing, mining, paving, removal of vegetation, stripping, drilling operations, storage of equipment or materials, transportation and filling of land, and any other installation of impervious cover; land development or land development project. (1) "New development" means a land development activity on a previously undeveloped site. (2) "Post-development" means the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. (3) "Pre-development" means the time period, or the conditions that exist on a site, prior to the commencement of land alteration, clearing, construction, or other activity that constitutes development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions. "Development activity" means any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit. "Development approval" means written authorization, such as issuance of a building permit, approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction. "Development impact fee" means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve it. "Development of regional impact (DRI)" means a development project, regardless of the mix of land uses, which is likely to have impacts to the transportation network and environment beyond the limits of the jurisdiction in which it is being constructed. "Development permit" means a permit that is issued by the city that authorizes development activity, and includes, but is not limited to, a land disturbance permit or building permit. "Development regulations" means the adopted regulations providing for the subdivision and development of real property within the city, as amended from time to time by the city council. "Development rights" means a governmentally recognized entitlement to use or develop land at a certain density, or intensity, or for a particular purpose, which may be severed from the realty and placed on some other property. (1) "Receiving area" means the region or district where development rights may be affixed to property. (2) "Receiving property" means the lot or parcel where development rights are affixed, thereby increasing the permissible density or intensity of use on the property. (3) "Sending area" means the region or district where development rights may be removed for purposes of transfer to another location. (4) "Sending property" means the lot or parcel where development rights are removed, thereby eliminating permissible uses on the property. (5) "Transfer of development rights" means the process by which development rights from a sending property are affixed to one (1) or more receiving properties. "Director" means the director of the department or his/her designee or the person, officer, official, or his authorized representative designated by the mayor and city council, City of Stockbridge, as its agent for the administration of the provisions of the unified development code. “Diameter at breast height (DBH)” means the diameter of a tree is to be measured by one (1) of the following methods: 1. For existing trees: The standard measure for existing trees on site is diameter at breast height (DBH). The tree trunk diameter is measured at a height of four and one half (4.5) feet above ground level on the uphill side of the tree. If a tree splits into multiple trunks below four and one half (4.5) feet, measure each trunk individually for total DBH. Crepe Myrtles are excluded from this total DBH requirement. Simply the largest diameter trunk shall qualify for Crepe Myrtles. 2. For newly planted trees: The standard measure for newly planted trees will be the caliper of the trunk six (6) inches above the ground level. “Discharge, accidental” means a discharge prohibited by this UDO that occurs by chance and without planning or thought prior to occurrence. “Discharge, illicit” means any direct or indirect non-stormwater discharge to the City separate stormwater sewer system, except as exempted by this UDO. “Distribution center” means an establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including trans-shipment by rail, air, or motor vehicle. “Dormer” means a projection from a sloping roof that contains a window. “Dormitory” means a building or part of a building that is operated by or on behalf of an institution that is authorized to grant a degree by the Board of Reagents of the State of Georgia and used to house students enrolled at such institutions. "Drainage easement" means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Drainage structure" means a device composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water from one (1) place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. (1) "Roadway drainage structure" means 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 (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. "Dripline" means a line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip. "Drive-in" means a retail or service enterprise wherein service is provided to the customer on the outside of the principal building. "Drone" or "unmanned aircraft system" means unmanned aerial systems remotely piloted aircraft that can fly under the control of a remote using a first-person point of view, or in autopilot mode guided by a global positioning system (GPS). "Drone delivery" means a permitted food store, restaurant, retail store, or warehouse/distribution facility with one (1) or more designated drone staging areas that are incidental to the primary use of the property for use by small, unmanned aircraft systems under fifty-five (55) pounds take-off weight to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone delivery service" means a primary use of the property with the purpose of operating one (1) or more drone staging areas for use by unmaimed aircraft to deliver commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone staging area" means a designated area over which an unmanned aircraft completes the final phase of the approach, to a hover or a landing, and from which an unmanned aircraft initiate take-off. The drone staging area includes both the launch pads and any required safety areas, and may include areas for the outdoor storage of goods, materials, containers, trailers, or other equipment. "Dwelling" means a building or portion thereof which is designed or used for residential purposes, including single-family, two-family, multifamily dwellings, rooming and boarding houses, fraternities, sororities and modular dwellings, but not including hotels or motels. (1) "Accessory dwelling" means a dwelling unit established within the principal building or in a separate structure, and on the same lot as the principal structure. It is an independent dwelling unit, but it may share an entrance, yard and parking with the principal unit. (2) "Duplex" or "two-family" means a building containing two (2) dwelling units, designed for occupancy by not more than two (2) families living independent of each other. (3) "Multifamily" means a building or set of buildings containing a group of dwelling units on a common lot containing separate living units for three (3) or more families, having separate or joint entrances, and including apartments and condominiums. These are specifically distinguished from units defined as townhouses. (4) "Single-family" means one (1) dwelling unit in one (1) building, other than a mobile home, hotel or motel, designed for and occupied by one (1) family, containing rooms for living, sleeping, toilet facilities and one (1) kitchen. (5) "Townhouse" means one (1) of a series of three (3) or more attached dwelling units on separate lots which are separated from each other by a coincidental property line and party wall partitions. The structure must meet all front, rear, and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each dwelling unit must be separately metered for all utilities, have access to a public street and the coincidental property line and wall must be fire-rated and extend from the foundation or ground (whichever is lower) to the roof decking of the structure. Each dwelling unit shall contain rooms for living, sleeping, toilet facilities and one (1) kitchen. "Dwelling unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, for rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent living, sleeping, toilet and a single kitchen with cooking facilities. E "Easement" means a grant of one (1) or more property rights by a property owner to the general public, a public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public" or "private" depending upon the nature of the usage. (1) "Conservation easement" means an agreement between a land owner and a governmental agency or land trust that permanently protects the land by limiting the amount and type of development that is permissible, while leaving the remainder of the fee interest in private ownership. (2) "Drainage easement" means an agreement allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Eave" means the projecting lower edges of a roof overhanging the wall of a building. "Electric vehicle (EV)" means a class of automobiles that use electric motors powered by energy drawn for the grid or off-grid electric sources into a battery system for propulsion. "Electric vehicle charging port" means the EVSE component which connects to vehicle charging inlets. One (1) EVSE unit may contain multiple charging ports, which are also referred to as "plug connectors" or "heads." Level 1 ports include connectors supplied by Level 1 EVSE as well as any standard 120V outlets able to supply fifteen (15) or more amps of current to be used with the Level 1 EVSE supplied by vehicle manufacturers. "Electric vehicle charging station (EVSE)" means the public or private parking space(s) served by EVSE, including all signs, information, pavement surfaces, surface markings, fee collection systems, and protective equipment, in which a vehicle is recharged. “Elevation” means (1) a vertical distance above or below a fixed reference level (2) a fully dimensioned drawing of the front, rear, or side of a building, showing features such as windows, doors, and relationship of grade to floor level. "Elevated building" means a non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns. “Encroachment” means any obstruction or illegal or unauthorized intrusion into a floodway, right of way, or adjacent land. "Erect" means to build, paint, construct, attach, hang, place, suspend, assemble or affix. "Erosion" means the process by which land surface is worn away by the action of wind, water, ice or gravity. "Erosion and sedimentation control plan" means a plan that is designed to minimize and control the accelerated soil erosion and sedimentation runoff resulting from a land disturbing activity. Also known as the "plan." "Equivalent runoff unit (ERU)" is defined to serve as a reference point for comparing dissimilar properties and attaining an equitable distribution of the cost of services and facilities through a stormwater management service charge. The equivalent runoff unit in Stockbridge has been determined through engineering and analysis to include two (2) primary parameters with the following metrics: (1) one (1) acre of gross area, and (2) two thousand (2,000) square feet of impervious area. These units will be used to determine and compute the service charge for all properties within the city. "Evergreen tree" means any tree that retains green leaves throughout the year. This includes magnolias and tree-type hollies, as well as pines and cedars. "Existing manufactured home park or subdivision" means 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 June 2,1987. "Expansion to an existing manufactured home park or subdivision" means 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. "Extended detention" means the storage of stormwater runoff for an extended period of time. “Exterior Architectural Features” means the architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the forgoing. “Exterior Environmental Features” means all those aspects of the landscape or the development of a site which affect the historic character of the property. “Exterminator” means a person engaged in the service of killing or removing inspects, mice, rats, or other pests. "Extreme flood protection" means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of one hundred (100) years or more. F "Facade" means: (1) "Primary (front) facade" means the exterior wall surface(s) across the building front, extending from grade to top of the parapet, wall, gable, or eaves and from side corner to side corner that are visible from any location on the street or main parking area and includes the primary entrance into the building. If the building faces more than one (1) parking area or street, the largest exterior wall of the building with a primary entrance which is most nearly parallel to the widest street or largest parking area to which the building faces. (2) "Secondary facade" means any exterior wall of a building, other than the primary facade. “Factory” means a building in which raw material and semifinished or finished materials are converted to a different form or state, or where goods are manufactured, assembled, treated, or processed. "Fall zone" means the area within the radius of a billboard that is equal to 133% of the height of the billboard. "Family" means one (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house. "Farm" means a all places of three (3) or more acres devoted to the raising of agricultural products regardless of the quantity or value of production. “Farm supply store” means an establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies. "Feedlot" means land devoted to confinement feeding of livestock. A lot or building or combination lots and buildings intended for the confined feeding, breeding, raising or holding of livestock while being fattened for slaughter and where animal waste may accumulate, but not including barns, pens or similar structures not intended for the fattening of animals for slaughter. “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. “Fenestration” means windows and other openings on a building façade. "Fill" means a portion of land surface to which soil or other solid material has been added; the depth above the original ground. "Final plat" means the final map, drawing or chart upon which the sub-divider's as-built plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for Clayton County. "Final stabilization" means 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, one hundred percent (100%) of the soil surface is uniformly covered in permanent vegetation with a density of seventy percent (70%) or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction. "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. “Fire lane” means an unobstructed paved or improved surface area clearly defined by pavement markings and signs, at least twelve feet wide, and designed to provide access for firefighting equipment. "Firing range" means a public or privately owned facility designed and operated for the purpose of discharge of rifles, shotguns and handguns at targets within a controlled setting. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Flood" or "flooding" means 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 that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands. "Flood hazard area" means the area possibly threatened by periodic flooding as determined by various data, e.g., maps provided by the United States Department of Housing and Urban Development, United States Soil Conservation Service, Army Corps of Engineers, or hydrological studies utilizing generally accepted engineering practices. Flood hazard areas shall include all lands underneath a permanent body of water, e.g., a lake, pond, river, and stream, and all land within the limits of a flood hazard area having a one-hundred-year return frequency. "Flood hazard boundary map" or "FHBM" means 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. "Flood insurance rate map" or "FIRM" means the official map of the City of Stockbridge, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Such FIRM as relates to property located within the City of Stockbridge is incorporated by this reference as if fully set forth herein. "Flood insurance study" or "FIS" means the official report, prepared and issued by the Federal Insurance Administration of the Federal Emergency Management Agency evaluating flood hazards and containing flood profiles and water surface elevations of the base flood, which FIS is incorporated by this reference as if fully set forth herein. "Floodplain" means any land area susceptible to flooding with at least a one-percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan. "Floodplain, one-hundred-year" means those lands subject to flooding, which have at least a one percent (1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA). "Floodproofing" means any combination of structural and nonstructural 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. "Floodway" or "regulatory floodway" means the channel of a stream, river or other watercourse and the adjacent land areas of the floodplain which is necessary to contain and discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Floor area" means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of the outside walls, but excluding any attic, unfinished basement area, breezeway, cellar, porch, or verandah. “Freight Truck” means a commercial vehicle with a manufacturer’s recommended gross vehicle weight rating (GVWR) exceeding 26,000 pounds, including Class 6 vehicles or greater under the Federal Highway Administration vehicle classification system, including tractortrailers, semi-trucks, and combination vehicles. "Frontage" or "frontage, road" means the distance measured along a public street right-ofway, or the main street property line of a lot. “Fueling station” or “fuel station” means any building, structure, or area of land used for the retail sale of automobile fuels, such as gasoline or diesel, oils, and accessories. A gasoline station may include the sale of propane, kerosene, food, or retail goods as accessory uses. Fueling stations shall not include game rooms, game arcades, major repair shops, body shops, paint shops, paint booths, or other similar more-intense automotive related use. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. “Funeral home” means a building or part thereof, used for embalming, autopsies, casket storage, and religious or other services necessary to prepare the dead for burial or cremation. "Future-conditions flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the one hundred-year future-conditions flood. "Future-conditions flood elevation" means the highest water surface elevation anticipated at any given location during the future-conditions flood. "Future-conditions floodplain" means any land area susceptible to flooding by the futureconditions flood. "Future-conditions hydrology" means the flood discharges associated with projected land use conditions based on a community's zoning map, comprehensive land use plans, and/or watershed study projections, and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation. G "Garage, parking" means a structure, lot or any portion thereof which is open to the public in which one (1) or more vehicles are housed or kept, not including exhibition, show rooms, storage of cars or cars for sale. "Garage, repair" means a building or structure used to house, cover or protect automobiles or other vehicles from the elements while repairs are being made thereto. “Gasoline station” means any building, structure, or area of land used for the retail sale of automobile fuels, such as gasoline or diesel, oils, and accessories. A gasoline station may include the sale of propane, kerosene, food, or retail goods as accessory uses. "Grade" means the lowest point of elevation of the finished surface of the ground immediately surrounding the building or structure. (1) "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. (2) "Highest adjacent grade" means the highest natural elevation of the ground surface adjacent to the proposed foundation walls of a structure prior to construction. "Grade (roadway)" means the slope (ratio of change in elevation to change in distance) or a roadway typically given in percent. For example, a two percent (2%) grade represents two (2) feet of elevation change over a one hundred-foot distance. "Grading" means 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. “Grandfathered” means an exemption relating to a particular use or activity on a property that does not conform to applicable rules or regulations because of its establishment prior to the enactment of such rules or regulations. “Grease trap” means a device in which the grease present in wastewater is intercepted and congealed by cooling and from which it may be skimmed off liquid wastes for disposal. “Green area” means land shown on a development plan, master plan, or official map for conservation, preservation, recreation, landscaping, or park. See Open Space. “Green infrastructure” stores, treats, and infiltrates stormwater into soil, mimicking natural systems. “Greenfield” means farmland and open areas where there has been no previous industrial or commercial activity. “Greenhouse, non-commercial” means a permanent climate-controlled structure enclosed (as by glass or plastic) and used usually year-round for the cultivation and protection of plants. "Greenspace" or "open space" means any area protected as permanently vegetated land. "Ground coverage" means the area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot. "Ground elevation" means the original elevation of the ground surface prior to cutting or filling. “Ground floor” means the first floor of a building other than a cellar or basement. "Group home" means a residence where two (2) or more unrelated persons live that is under the supervision of a resident manager. Group homes are established to assist persons who have left highly structured institutions such as a hospital or prison, to adjust to and reenter society and live within its accepted norms. The purpose of a group home is to allow people to begin the process of reintegration with society, while still providing monitoring and support. Group homes shall not provide treatment of drug or alcohol dependency, or provide an alternative to incarceration. "Grubbing" means the removal of stumps or roots from a site. “Gutter” means a shallow channel, usually set along a curb or the pavement edge of road, for purposes of catching and carrying off run-off water. “Gym” means the abbreviated term for gymnasium, which is an enclosed facility for exercise and athletics. H “Habitable floor area” means the total floor area of all the habitable rooms in a dwelling unit. “Habitable room” means any room in a dwelling unit other than a kitchen, bathroom, pantry, closet, hallway, cellar, storage place, garage, unfinished basement, cellar, or attic. “Handicapped parking space” means parking spaces reserved for people with disabilities. “Hardscape” means nonliving components of a landscaped design, such as walls, sculptures, paved walkways, patios, stone and gravel areas, benches, fountains, and similar hard-surface areas and objects. "Hardship" means the presence of some unique or rare condition of land, different in type and extent from other land in the same location or in the same zoning district. "Hazardous material" means any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Hazardous waste" means any solid waste which has been defined as "hazardous waste" in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 as hereafter amended and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Health and personal services" means establishments providing nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. “Health care facility” means a facility or institution, whether public or private, engaged in providing services for health maintenance and the treatment of mental or physical conditions. Accessory uses within these spaces include laundries for patients served, restaurants, gift shops, laboratories, pharmacies, and medical offices. "Height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Heliport" means a designated area for landing and takeoff of rotorcraft. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. “Highest and best use” means the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, and financially feasible that results in highest value. "Historic district" means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the Mayor and City Council as a historic district. "Historic building or structure" means any structure that meets one (1) or more of the following conditions: (1) Listed individually in the National Register of Historical Places (as 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 under the State historic preservation program which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places and determined as eligible under the local historic preservation program which has been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in the event the State has no approved program. “Historic Property” means an individual building, structure, site, or object including the adjacent area necessary for the proper appreciation thereof designated by the Mayor and City Council as a historic property. "Home occupation" means an occupation for gain or support conducted on the premises or within a dwelling unit by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist home. "Hookah" means a tobacco pipe with a long, flexible tube which draws the smoke through water contained in a bowl. "Hookah bar/lounge" means an establishment where patrons share shisha (flavored tobacco) from a communal hookah or from one (1) placed at each table or a bar. May serve food and alcohol. See Title 9. "Hospice care facility." Hospice care provides humane and compassionate care for people in the last phases of incurable disease so that they may live as fully and comfortably as possible. Hospice is to enable patients to continue an alert, pain-free life and to manage other symptoms so that their last days may be spent with dignity and quality, surrounded by their loved ones. Hospice affirms life and does not hasten or postpone death. Hospice care treats the person rather than the disease; it focuses on quality rather than length of life. It provides familycentered care; care is provided for the patient and family twenty-four (24) hours a day, seven (7) days a week. Hospice care can be given in the patient's home, a hospital, nursing home, or private hospice facility. "Hospital" means an institution receiving in-patients, or a public institution receiving outpatients, and authorized under Georgia law to render medical, surgical and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of mental patients, alcoholics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry. "Hotel/motel" means a building in which lodging along with customary lodging facilities and services, such as meeting rooms, restaurant, housekeeping services and/or center are provided for guests for an average stay of less than thirty (30) days and offered to the public for compensation. Hotel service provisions of food and beverage services suitable for both guests and meeting spaces and selective amenities, such as but not limited to spas, banquet groups, rooms, conference facilities, valet parking, concierge, and on-site restaurant. Guest rooms center and/or within the building shall contain no equipment for food preparation other than a microwave. There shall be no self-serve laundry facilities (for guests' use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. "Hotspot" means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with highintensity use. “Household pets” means domesticated animals weighing less than 150 pounds and cared for by the members of the household and which are not raised for commercial gain or considered livestock as defined herein. "Hydrologic response" of a property is the manner and means whereby stormwater collects, remains, infiltrates and is conveyed from a property. It is dependent on several factors including, but not limited to, the presence of impervious area; the size, shape, topographic, vegetative and geologic conditions of a property; antecedent moisture conditions; and groundwater conditions on a property. I "Illegal connection" means either of the following: 1. Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge, including sewage, process wastewater and wash water to enter the storm drain system, regardless or whether such pipe, open channel, drain or conveyance has been previously allowed, permitted or approved by an authorized enforcement agency; or 2. Any pipe, open channel, drain or conveyance connected to the City's separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency. "Illicit discharge" means any direct or indirect non-stormwater discharge to the City's separate storm sewer system, except as exempted in this UDC. “Impact fee” means a fee imposed on a development to help finance the cost of public improvements. “Impermeable” means not permitting the passage of water. "Impervious surface (or impervious cover)" means any manmade paved, hardened or structural surface composed of any material that significantly impedes or prevents the natural infiltration of water or stormwater into the ground below the structure or surface into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, swimming pools and any concrete or asphalt surface. "Improvements" means physical changes to the land which are necessary to create useable lots including (but not limited to) grading and paving streets, sewer and water facilities, hydrants, sidewalks, monuments, changes to existing utilities, and stormwater drainage and detention systems. “Incidental” means subordinance and minor in significance or bearing a relationship to the primary use. "Indoor play space" means play space required inside the principal structure of child care centers set aside for children's recreation and play. The area provided must be at least thirtyfive (35) square feet of indoor play space for each child. "Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14). "Industrialized building" or “modular building” means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act," Georgia Law 1981 pp 1637—1643 (O.C.G.A. § 8-2-2(1)). “Industrial park” means a tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, utility needs, aesthetics, and compatibility. “Industrial waste” means any liquid, gaseous chemical, or solid residue or by products of an industrial process. “Industrial, heavy” means industrial uses engaged in heavy manufacturing, sewage treatment or disposal facilities, electric generating plants and facilities, incinerator or landfills, water purification facilities, automobile and truck body shops, junkyards and salvage yards, human and animal crematories, motor freight terminals, used motor vehicle storage and impoundment yards, and firing ranges. “Industrial, light” means industrial uses engaged in light manufacturing, packing, storage, and distribution of products, including warehousing, wholesaling, and shipping and receiving, and scientific research development and training, kennel and animal hospitals, new vehicle storage, and vehicle transportation service establishments. “Industrialized home” means a dwelling unit manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs. "Industrial stormwater general permit" means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies onsite pollution control strategies based on Standard Industrial Classification (SIC) Code. "Infiltration" means the process of percolating stormwater runoff into the subsoil. "Inert construction waste" means waste building materials and other waste resulting from the construction, remodeling or repair of houses, buildings and other structures which will not or are not likely to cause production of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. This definition excludes all waste not specifically listed above. "Infill" means development of vacant or remnant lands passed over by previous development in the area. "Infrastructure" means manmade structures and systems which serve the common needs of the population, such as: Sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. “In-Kind Mitigation” means the replacement of the impacted aquatic site with one of the same hydrologic regime and plant community type (same species composition). "Inoperable vehicle" means any motorized vehicle incapable of immediately being driven. "Impervious cover" means any manmade paved, hardened, or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools, and any concrete or asphalt paving. "Inspection and maintenance agreement" means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. "Institutional use" means activities for civic, cultural, educational, social, or governmental purposes. “Intensity of use” means the number of dwelling units per acre for residential development and the Floor Area Ratio for nonresidential development, such as commercial, office, industrial. "Interior landscape area" means an area to be landscaped which is located in the interior area of a development or building site where vehicular parking spaces are to be provided or which is otherwise to be covered with impervious surface. "Interparcel connection" means a vehicular and pedestrian road, street or lane connecting segment and or sidewalk access for public use to gain access to adjacent residential subdivisions, commercial, industrial and mixed use subdivisions and establishments where access to contiguous properties would otherwise require vehicle trips on frontage roads for access. "Invasive plant" means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems. A landscape architect or certified arborist shall be required to identify invasive species. J “Junk” means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition. For example, but not limited to, tires, unregistered and inoperable vehicles, equipment, paper, rages, metal, building materials, household appliances, or lumber. "Junk/salvage yard" means any use on public streets or private property involving the parking, storage or disassembly of vehicles and/or machinery; the storage, sale or resale of used auto parts, tires, scrap iron, metal; used plumbing fixtures, old stoves, refrigerators and other old household appliances; used brick, wood, or other building/structural materials, used paper, rags or other scrap materials. These uses shall be considered junk yards whether or not all or part of these operations are conducted inside a building or in conjunction with, or accessory to other uses of the premises. "Junked vehicle" means any wrecked inoperable, dismantled automobile, truck or other vehicle which does not bear a current State license plate. “Jurisdictional Wetlands” means a wetland regulated under the federal Clean Water Act for which a § 404 permit from the U.S. Army Corps of Engineers may be needed to impact the wetland. Not all wetlands are jurisdictional wetlands. K "Kennel" means: (1) "Commercial kennel" means any location which provides boarding and care for dogs, cats, or other small animals for pecuniary gain. (2) "Noncommercial kennel" means any single-family residence in the RA zoning district where no more than ten (10) adult dogs and/or cats are kept as pets for the noncommercial purpose of hunting, exhibition in shows, field trials or breeding. Surplus offspring bred at such kennels to enhance or perpetuate any given breed, recognized by the American Kennel Club, may be sold at such kennels and shall not be considered a commercial activity. All animals kept or maintained in said kennel must be owned by the individual or family residing upon the lot upon which the kennel is located. "Kindergarten" means a State-approved institution for the education of pre-school aged children. "Kitchen" means a room or interior area equipped for preparing and cooking food. L “Laboratory” means a place devoted to experimental study, such as testing and analyzing, but not including the manufacturing of products. "Land development activities" means those actions or activities which comprise, facilitate or result in land development. "Land development permit" means the authorization necessary to begin constructionrelated, land-disturbing activity. "Land development project" means a discrete land development undertaking. "Land disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, that do not involve construction, paving or any other installation of impervious cover. "Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and grubbing, grading, or development permit as defined and authorized under the development regulations of the City of Stockbridge. "Land disturbing activity" means 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 described [in] O.C.G.A. § 12-7-17(5) or silvicultural activities as described [in] O.C.G.A. § 12-7-17(6) within areas zoned for these activities. “Land use” means a description of how land is occupied or used. “Landfill” means a disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternating layers of specified depth in accordance with an approved plan. See Sanitary Landfill. “Landlocked” means a lot or parcel of land without direct access to a public road. "Landscape plan" means a detailed plan depicting proposed landscaping which will accompany all site plans submitted for development approval when required by the unified development code. “Landscaping service” means an establishment engaged in performing a variety of lawn and landscaping services such as lawn fertilizing, mowing, spraying and planting, and the planting and maintenance of landscaping "Landscape strip" means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized. "Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one (1) 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. “Laundromat” means a business that provides home-type washing and drying machines for hire to be used by customers on the premises. “Library” means a building in which literary, musical, artistic or reference materials are kept for use but not generally for sale. "Linear feasibility program" means a feasibility program developed by the City of Stockbridge and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when it would be infeasible to implement stormwater management standards for linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies. "Linear transportation projects" means construction projects on traveled ways, including, but not limited to, roads, sidewalks, multi-use paths and trails, and airport runways and taxiways. "Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such terms defined on O.C.G.A. § 16-751(6). “Livestock” means any animal raised for food, raw materials or pleasure, and customarily kept on a farm, including but not limited to, beef and dairy cattle, sheep, swine, poultry, horses, mules, donkeys, goats, turkeys, bison, llama, emus and any animal having hooves. This definition of livestock shall not apply to pet chickens owned pursuant to section 9-72 as domesticated animals. "Live-work unit" means a dwelling unit containing an office use of the lesser of six hundred (600) square feet in floor area or forty percent (40%) of the unit's total floor area. Office uses shall be adjacent to sidewalk area; and shall be the place of employment for no more than five (5) persons, at least one (1) of whom shall be a resident thereof. A live-work unit is considered a mixed-use building. Live-work units are permitted in residential and commercial areas, according to the framework plan. "Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used. "Lodge" means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues-paying members and their guests. There are no sleeping facilities. “Long-Term Truck Storage” means the parking or storage of freight trucks for periods exceeding 24 consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. "Lot" means a portion or parcel of land separated from other portions or parcels by description, such as on a subdivision plat, survey map, or metes and bounds. (1) "Corner lot" means a lot abutting two (2) or more streets at their intersection, or bounded on two (2) or more adjacent sides by street right-of-way lines. (2) "Double frontage lot (through lot)" means a lot, other than a corner lot, that has frontage upon two (2) or more streets that do not intersect at a point abutting the property. (3) "Flag lot" means a lot with uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure. (4) "Interior" means a lot other than a corner lot or a through lot. "Lot depth" means the average horizontal distance between the front and rear lot lines. (Lot definitions are illustrated in figure A.1.) [not available] "Lot line” or “property line" means the property boundary, abutting a right-of-way line, or any line defining the exact location of a lot. "Lot of record" means an individual lot or a lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of superior court of Henry County, Georgia, or a parcel of land the deed of which has been recorded in the office of the clerk of superior court of Henry County. "Lot width" means the horizontal distance between the side lot lines measured along the street right-of-way lines. For cul-de-sac lots, lot width shall be measured at the right-of-way and shall be a minimum of 50% of the required width of the zoning district requirement. “Low impact development” is a land planning and engineering approach that manages stormwater runoff by mimicking natural site hydrology. "Lowest floor" means 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 unified development code. M “Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. “Manufacturing, heavy” means an establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials into new products, including assembling, converting, altering, finishing of component parts, or the manufacture of such products, and the storage and/or blending of large volumes of materials of a heavy nature including but not limited to metal, concrete, plastic, petrochemicals, and heavy machinery. “Manufacturing, light” means an establishment engaged in the transformation of finished products or parts into new products, including assembling, converting, altering, and finishing of component parts; or the manufacture of products and the blending of materials of a light nature, including paper, wood, or food products and light machinery. Unlike heavy manufacturing, light industrial uses are typically processes that do not create noise, fumes, smoke, odors, or glare or health or safety hazards outside of the building where such processes occur "Manufactured home" means a structure transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) 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 when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. Manufactured homes are built or fabricated in an offsite facility on or after June 15, 1976 and installed or assembled on the home site. They must meet U.S. Department of Housing and Urban Development (HUD) construction requirements. Manufactured homes may be single- or multi-section and are transported to the site and installed with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act. “Manufactured home, new” means a manufactured home that is purchased from either the original manufacturer or a dealer in the ordinary course of such dealer's business and has never been titled or previously occupied.” "Master development plan" means a written and graphic submission for a mixed-use development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for the MU zoning district. “Material change in appearance” means a change that will affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, or landscape feature within a historic district, such as: (1) A reconstruction or alteration of the size, shape or façade 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; or (5) The erection, alteration, restoration or removal or any buildings or other structure within a historic property or district, including walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations. "Mean sea level" means the datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this Section, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988. “Megachurch” means a house of worship with a seating capacity or holding capacity of ten thousand or more persons. This use tends to draw from a regional area, have a variety of activities that take place over the entire week, and generate significant amounts of traffic. “Metes and bounds” means a method of describing the boundaries of land by directions (bounds) and distances (metes) from a known point of reference "Mini-warehouse" means a building or portion thereof used for storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use. "Mixed use (development)" means a development project that incorporates two (2) or more different types of land uses or activities, such as residential, commercial, office, and/or industrial. A mixed-use development has the different types of land uses in proximity, vertically or horizontally, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas. "Mobile food services, portable restaurants, temporary outdoor and sales, and sidewalk sales" means any temporary business selling goods or merchandise from a tent, truck, vending cart or other areas outside of a permanent structure on property owned or leased by the business. Temporary outdoor sales do not include sales conducted by charitable organizations incidental to the principal or permitted use or structure on the property. "Mobile home" means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) 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 when connected to the required utilities and includes the plumbing, heating, airconditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. Documentation of compliance with the National Mobile Home Construction and Safety Standard Act (United States Department of Housing and Urban Development certification) shall be required. "Manufactured home park" means a parcel of land that has been planned and improved for the placement of manufactured homes for living or sleeping purposes, or where spaces or lots are set aside and offered for rent for use by manufactured homes for living or sleeping purposes, including any land, building or structure or facility used by occupants of manufactured homes on such premises. A manufactured home park does not include an automobile or manufactured home sales lot on which unoccupied manufactured homes are parked for inspection or sale. "Motel" means an establishment where lodging without separate cooking facilities are provided to the public for compensation, in which ingress or egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby. Includes a building or group of buildings intended for short-term use by transients or the travelers, and containing sleeping accommodations with sanitary facilities. Other synonymous terms include hotel, tourist court, motor court, motor inn, or motor lodge. (1) Extended stay motel or hotel. A motel providing sleeping accommodations, sanitary facilities, and kitchen facilities, intended for overnight or weekly use. “Motion picture theater” means a place where motion pictures are shown to the public for a fee. "Move-in house or structure" means [a] pre-existing dwelling or structure relocated to another lot or on the same lot. "MS4 permit" means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the City of Stockbridge's municipal separate storm sewer system. “Multi-Use Path” means a multi-use pathway for all non-automobile users, including pedestrians and bicyclists. The minimum viable width for a Multi-use Path is ten feet and traffic flow is two-way. N "National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. "Native plant" means a plant that is a part of the balance of nature that has developed over hundreds or thousands of years in a particular region or ecosystem. "Natural area" means an area of natural vegetation that is generally undisturbed, unmaintained, and is self-perpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses. “Natural drainage flow” means the pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading. "Natural ground surface" means the ground surface in its original state before any grading, excavation or filling. "Natural vegetated area" means an undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to: Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife; outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting; education, scientific research and nature trails; maintenance or repair of lawfully located roads, structures and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized; and limited excavating, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above. “Neighborhood” means an area of a community with characteristics that distinguish it from other areas and that may include distinct housing types, schools, or boundaries defined by physical barriers, such as highways or railroads, or natural features such as water bodies. “Neighborhood park” means a park area designed to serve the active recreational needs of the neighborhood, such as field games, playground apparatus, crafts, and picnicking. The National Recreation and Park Association publishes guidelines and general development standards for variety of park and recreational facilities. "Nephelometric turbidity units (NTU)" means 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. "Net acreage" means the total acreage of any parcel or combined parcels of land to be developed as a single project, less the sum of the following: Total number of acres contained in the one hundred-year flood hazard area, total number of acres contained in rights-of-way and the total number of acres contained in detention or retention ponds to be constructed. "New construction" means any structure (see definition) for which the start of construction commenced after June 2, 1987, and includes any subsequent improvements to the structure. "New development" means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site. "New manufactured home park or subdivision" means 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 June 2, 1987. “News rack” means one or more self-service or coin-operated boxes, containers, storage units, or other dispensers fused for the display and sale or distribution of newspapers, periodicals, or other written material. “Night club” means an establishment open only late at night, in which music is provided, along with space in which dancing by patrons may occur. “Noise disturbance” means any noise exceeding the noise level limits established for the specific zoning district. "Nonconformity," “nonconforming situation,” or "nonconforming use" means a land use activity, building or structure legally established prior to adoption of this unified development code, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this section. "Nonconforming sign" means a sign that was legally erected under previous sign regulations, and which became nonconforming to the provisions of this article that were adopted following the installation of the sign. "Nonpoint source pollution" means a form of water pollution that does not originate from a discrete point such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. "Non-stormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater. “Nuisance” means a condition or situation that results in an interference with use and enjoyment of property. “Nuisance abatement” means programs designed to acquire, in an expedited manner, properties that are declared nuisances for all or some of the following reasons: blight, habitually used for illegal purposes, fire damage, gross neglect, disrepair, and debris. "Nursery school, kindergarten schools." See "day care" definition. "Nursing home" means a use in which domiciliary care is provided to one (1) or more convalescing, chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. O “Object” means a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. “Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communications equipment. “Office headquarters” means a large building, five thousand square feet or larger, on a tract of land totaling fifty acres or more built for a specific corporate use and/or user. “Office, home” means a home occupation in which a part of the dwelling unit is used as the resident’s office. See Home Occupation. “Office building” means a building used primarily for the conducting the affairs of a business, profession, service, industry or government or like activity; it may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child-care services. “Office park” means a development on a tract of land that contains a number of separate office buildings, with accessory and supporting uses, and open space designed, planned, constructed and managed on an integrated and coordinated basis. “Off-site” means located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a continuous portion of a street or right-of-way. “Off-street parking” means a parking space that is not located on a dedicated street rightof-way and that is directly accessible to an access aisle. “One-way car sharing” means a car sharing system where the vehicle does not have to be returned to the location from which it was rented. “On-site” means located on the lot that is the subject of the application for development. “On-street parking space” means a parking space that is located on a dedicated street right-of-way. "Open space" means permanently protected areas that are preserved in a natural state and undisturbed land or otherwise properties set aside for recreational uses, buffers, common areas, landscape areas, as well as other uses defined under the "open space categories" described below. Buffers and wetlands, if located on lots to be conveyed to private property owners, shall not be considered as "open space." Land contained within the one hundred-year flood zone shall not be considered as "open space" if located on lots that are to be conveyed to private property owners. Land designated as "open space" is divided into five (5) categories (the "open space categories" or, singularly, an "open space category"): (1) "Category A" means wetland stream buffers; one hundred-year flood hazard areas, undisturbed buffers between various land uses, roadside buffers, wildlife sanctuaries, and other forms of buffers, if owned by the developer or a property owners association; (2) "Category B" means improved and revegetated areas utilized for active recreation, such as ball fields, parks and golf courses; (3) "Category C" means improved, active recreation areas, such as swimming pools, tennis courts and playgrounds; (4) "Category D" means State waters, including wetlands, ponds, lakes, if owned by a developer or a property owners association; and (5) "Category E" means land donated to a governmental entity for public use, provided such land is not located in a wetland or one hundred-year flood zone. “Open space, common” means land within or related to a development, not individually owned or dedicate for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests and that may include complementary structures and improvements as are necessary and appropriate. “Open space, natural” means an open space area that is in an unimproved and undisturbed state, with no changes to existing grade or removal of existing vegetation. “Open space, private” means open space, the use of which is limited to the occupants of a single dwelling, building or property. “Open space, public” means open space owned by a public entity and maintained by it for the use and enjoyment of the general public. “Open space ratio” means the total area of open space divided by the total site area in which the open space it to be located. “Operator" means the party or parties that have: 1. Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or 2. 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. “Ordinance” means a law or regulation adopted by a governing body. “Ordinary high water mark” means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. "Outdoor play area" means an area outside the principal structure designed and set aside for recreation and play in the open air and sunshine and may contain some play equipment. See "child care center" definition. "Outfall" means 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. "Outside storage" means the placement or containment of goods, materials, or equipment other than within a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to other locations. "Overbank flood protection" means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). "Overhang" means the edge of a roof that projects out over the space or wall beneath. "Overlay zoning district" or "overlay district" means a defined geographic area that encompasses one (1) or more underlying zoning districts and that superimposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with existing zoning districts or containing only parts of one (1) or more such districts. Permitted uses in the underlying zoning district shall continue subject to compliance with the regulations of the overlay zone or district where that use is expanded or enlarged after the adoption of this unified development code. "Owner" means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. P “Parapet” means (1) a barrier, roof, wall, or railing along the edge of a balcony, bridge, terrace, or roof where there is a drop and sudden danger of failing; or, (2) a wall or hip-roof extension along the edge of the roof to visually and acoustically screen rooftop mechanical and HVAC equipment. “Paratransit” means a form of public transportation service characterized by the flexible routing and scheduling of small vehicles, such as taxis, vans, small buses, to provide shared occupancy, doorstep, or curbside personalized transportation service. Example: Lyft, Uber, Yellow Cabs, MARTA. "Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records. “Park, dog” means a parcel or tract of public or privately owned land set aside and designated for the use by dog owners as “off-leash” areas for exercising their canine pets. “Park, private” means a tract of land owned or controlled and used by a specific person or entiry for active or passive recreational purposes. “Park, public” means a tract of land owned by a branch of government and available to the general public for recreation purposes. “Park-and-ride facility” means a parking lot designed for drivers to leave their cars and use mass transit facilities beginning, terminating, or stopping at the park-and-ride facility. “Parking, shared” means the joint utilization of a parking area for more than one use. Involves spaces that are used at different times by different uses, or a single space that serves several stores so that a vehicle does not need to be moved from place to place. Shopping center parking is an example of shared parking. For new construction, instead of computing the parking requirement for each use, a single overall parking ratio may be used. "Parking space, off-street" means an off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, design standards for which are contained in the unified development code. “Parking structure” means a building or structure consisting of more than one level and used to store motor vehicles. See Garage; Garage, Municipal; Garage, Public. “Party driveway” means a single way providing vehicular access to two or more properties. “Party wall” means a common wall shared by two attached structures, buildings, or dwelling units. “Path” means a cleared way for pedestrians or bicyclists that may or may not have been improved. "Patio cover" means an attached structure with open, screened or glazed walls which is used only for recreational, outdoor living purposes associated with the dwelling unit and not as carports, garages, storage rooms or habitable rooms. "Paved" means a durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks, or similar material. Crushed gravel, stone, rock, dirt, sand, or grass are not permitted as a paved surface. "Pavement width" means the cross-section width of a paved road measured from edges of pavement. “Pedestrian” means an individual who travels on foot. “Pedestrian walkway” means a right-of-way for pedestrians, separate from vehicular traffic and including access ramps, stairs, mechanical lifts, and routes through buildings and other areas that are available for public use. “Percolation test” means a test designed to determine the ability of the ground to absorb water and used to determine the suitability of soil for drainage or septic system use. "Perennial stream" means any stream which flows throughout the entire year, as shown as a solid blue line on a United States Geological Survey (USGS) Seven-Minute Topographic Series Maps (1:24,000). “Performance guarantee” means any security that may be accepted by a governmental entity to ensure that improvements required as part of an application for development will be satisfactorily completed. Examples, cash, surety bond, or letter of credit. “Permeable pavement system” means an alternate or supplemental stormwater management system using cast-in-place or pre-cast modular units, both of which create voids for gravel or grass. "Perimeter landscape area" means an area to be landscaped which is located between the buffer area required by the unified development code and the interior landscape area, as defined in the unified development code. "Permit" means the authorization, issued by the City of Stockbridge to the applicant that is necessary to conduct the activity that was applied for and approved. “Permitted use” means any use allowed in a zoning district as a matter of right. “Permittee” means any person to whom a permit is issued. "Person" means 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 this State, any interstate body or any other legal entity. "Personal care home" means a personal care home is a single home where personal care services are provided to no more than six (6) nonfamily adults. Personal care services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. A care home cannot provide nursing or other medical services or admit and retain residents who need continuous medical or nursing care (see O.C.G.A. § 31-7-12 for State requirements for personal care homes). The term "personal care home" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals, nor does it include halfway houses, residential treatment facilities, nursing homes, sanitariums, hospital or other institutional facilities, or rooming or boarding facilities which do not provide personal care. “Personal services” means establishments primarily engaged in providing services involving the care of a person or their personal goods or apparel. Examples: laundry, including pressing and cleaning service; diaper service; linen supply; beauty shops; barbershops; shoe repair; steam baths; clothing rental; porter service; and domestic services "Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to or after development. “Pharmacy” means a place where prescription drugs and medicines are prepared and dispersed. "Phase" or "phased" means sub-parts or segments of construction projects where the subpart or segment is constructed and stabilized prior to completing construction activities on the entire construction site. “Place of worship” means (1) a church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar belief; (2) a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis. “Planned Development” means an area of minimum size that is planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses, an appurtenant common areas and accessory uses, customary and incidental to the predominant uses. “Planned Commercial Development” means an area of at least 10 acres in size to be planned, developed, operated and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate office, retail, commercial uses, and other uses incidental to the predominant commercial use “Planned Industrial Development” means an area of at least 10 acres in size to be planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate industrial, manufacturing, warehousing, office, retail, and commercial uses, and other uses incidental to the predominant industrial use. "Planned Unit Development" means development which has both residential and nonresidential land uses according to a master development plan, with related covenants and restrictions. Developments within a PUD project may have flexibility in the application of development standards when approved according to a master development plan, and to promote the conservation of natural resources, more efficient use of land, and, efficiency in the extension of streets and utilities. “Plat” means (1) a map representing a tract of land, showing the boundaries and locations of individual boundaries and streets; (2) a map of subdivision showing compliance with the requirement of all applicable sections of this UDO and any conditions of approval adopted by the Mayor and City Council. “Plat, final” means a map of all or a portion of a subdivision that is presented to the approving authority for final approval. Approval of the final plat is usually granted only upon the completion or installation of all improvements or the posting of performance guarantees ensuring the completion of such improvements. Final approval is required before the property can be transferred or building permits issued. “Plat, preliminary” means the approval of a preliminary plat merely gives the subdivider the authorization to proceed with the planning and development phase of the project. “Plaza” means an open space that may be improved and landscaped; usually surrounded by streets and buildings. "Pocket park" means a park for active or passive recreational uses consisting of no less than one-quarter (¼) of a net useable acre (or fourteen thousand two hundred fifty (14,250) square feet). Pocket parks may be consolidated, provided that the development contains no fewer than one-half (½) the number required and that any consolidated pocket park does not exceed one (1) net useable acre (or forty-three thousand five hundred sixty (43,560) square feet), nor contain less than one-half (½) a net useable acre (or twenty-one thousand seven hundred eighty (21,780) square feet). The purpose of pocket parks is to provide open space for recreational use within walking distance of most residences especially those located farthest from amenity areas. Therefore, where required, pocket parks shall be scattered throughout the development but more greatly concentrated in those parts of the development which are the greatest walking distance from an amenity area. “Portable On Demand Storage Unit (PODS)” means a lightweight storage containers that provide temporary storage for homeowners in yards or driveways. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter or any kind. "Pollution" means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a 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, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. “Pop up stores” means retail space that is temporary, utilized for short term sales, ranging from one day to several weeks. "Portico" or "porch" means a covered entrance to a large building or a covered walkway, often leading to the main entrance of a building that consists of a roof supported by pillars. "Post-construction stormwater management" means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan. "Post-development" refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. "Practicability policy" means the latest edition of the Metropolitan North Georgia Water Planning District's Policy on Practicability Analysis for Runoff Reduction. "Pre-development" refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish predevelopment conditions. "Pre-development hydrology" means: 1. For new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and 2. For redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property. “Pre-existing use” means the use of a lot or structure prior to the enactment of this UDO. "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "Previously developed site" means a site that has been altered by paving, construction, and/or land disturbing activity. "Primary surface" means an area longitudinally centered on a runway extending two hundred (200) feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. "Principal building" means the building or structure containing or to contain the principal use of a lot. “Principal entrance” means the place of ingress and egress most frequently used by the public. "Principal permitted use" means that use of a lot which is among the uses allowed as a matter of right under the zoning classifications. (Also see "WCF principal" or "accessory use.") "Private deed restrictions or covenants" means private deed restrictions or covenants imposed on land by private land owners. They bind and restrict the land in the hands of present owners and subsequent owners. They are enforceable only by the land owners involved and not by the county or other public agency. “Prohibited use” means a use that is not permitted in a zoning district. "Project" means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a building permit or other development approval, or for an interrelated collection of buildings and common public facilities such as a residential subdivision or an office park. "Project improvements" means site specific improvements or facilities that are planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only, and that are not "system" improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or a "system" improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a "project" improvement or a "system" improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the City of Stockbridge, Georgia, shall be considered a project improvement. "Property line." See "lot line." "Property owner" means that person or entity that holds legal title to property. "Proportionate share" means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project. "Protection area" or "stream protection area," with respect to a stream, means the combined areas of all required buffers and setbacks applicable to such stream. "Public facilities" or "public spaces" means: (1) Parks, open space, and recreation areas and related facilities; and (2) Public safety facilities, including police, inmate housing, fire, animal control, emergency medical, and rescue facilities; (3) Libraries and related facilities; and (4) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any other components of State or Federal highways. “Public hearing” means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to ask questions, comment, and participate "Public or private property" means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties. "Public streets" means right-of-way dedicated to the county or owned by the county for public street purpose. "Public utility" means firm, corporation, or local government authorities providing gas, electricity, communications service, and similar essential services. "Public water facilities" means mains and service lines owned and operated by the City of Stockbridge, the Henry County Water and Sewage Authority, or when approved by the mayor and city council, a private water system operating under the direct supervision of the DNR. Q "Qualified personnel" means any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19. “Quasi-judicial” means public officials whose acts are functionally comparable to those of a judge, and hence are immune personally from lawsuits. “Quorum” means a majority of the full authorized membership of a board or agency. R “Recreation, active” means leisure time activities, usually of a formal nature and performed with others, requiring equipment and taking place at a prescribed place, site, or field. “Recreation, passive” means activities that involve inactive or less energetic activities, such as walking, sitting, picnicking, and board and table games. “Recreation facility” means a place designed and equipped for the conducting of sports and leisure time activities. “Recreational vehicle” means a vehicular type portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as temporary living accommodation for recreational and camping purposes. These include: · Travel trailers – A vehicular unit, mounted on wheels, of such size and weight as not to require special highway moving permits with drawn by motorized vehicles (8.5 feet wide maximum) designated and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF when used for camping in set up mode. · Truck camper – A portable unit, designed to be loaded onto or affixed to , the bed or chassis of a truck and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Motorhomes – A vehicular unit built on a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping, or travel use and not larger than 400 SF. All such vehicles shall have a current state license, inspection sticker, and registration and be titled in the name of the current owner. · Camper trailer – A vehicular unit mounted on wheels and constructed a collapsible partial side walls which fold for towing by another vehicle and unfold on the camp site and designed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Tent – a moveable shelter made of canvas or other similar material and supported by a pole or poles and designed and manufactured to provide temporary living quarters for recreational and camping use. "Recycled water system" means a water system that captures and reuses water previously used in wash or rinse cycles. "Redevelopment" means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling. "Regulatory flood (regulatory flood elevation)" means the flood standard equal to or higher than the base flood. “Remodel” means to construct an addition or alter the design or layout of a building or make alterations or structural changes. “Rental housing” means housing that is occupied by a tenant paying rent to an owner, with no part of the rent being used to acquire equity in the property. “Repair major” means improvement requiring a building permit. “Repair minor” means improvement to correct deficiencies resulting from normal wear and tear and not requiring a building permit. “Residential district” means an area where buildings used for exclusively for residential purposes occupy more than 50% of the total street frontage. "Residence" means a home, abode, or place where an individual is actually living on a nontemporary basis. “Restaurant” means an establishment where food and drink are prepared, served, and consumed primarily within the principal building. “Restaurant, drive-in” means an establishment where food or drink is served to and consumed by a customer in automobile while parked on the premises. “Restaurant, Drive-through” means an establishment in which food or drink is served to customers within automobiles outside the confines of the building and where the consumption of food or drink is intended to occur off the premises. “Restaurant, take-out” means where food and or beverages are sold in a form ready for consumption, where or all or significant part of the consumption takes place of premises. “Retail food establishment, mobile” means a vehicle, usually a van, truck, towed trailer, or pushcart from which food and beverages are sold “Retail sales” means establishments engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods. “Retaining walls” means a structure that is constructed between the lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures. “Rezone” means to change the zoning classification of a parcel of land. "Right-of-way" means access over or across a particularly described property for a specific purpose. A strip of land intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, storm sewer, drainage structure, sewer line, or other similar use. "Riparian" means belonging or related to the bank of a river, stream, lake, pond, or impoundment. "Roadway drainage structure" means 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 (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. “Roof” means the outside top covering of a building or structure. “Road frontage” means the distance on which a parcel of land adjoins a public street or public road right-of-way dedicated to and accepted by the city or the county for vehicular traffic or over which the city or the county may hold a prescriptive easement for public access, and including designated and numbered U.S. and state highways. “Road, minor collectors” means a road/street serving county-wide traffic, these roads collect traffic from local roads/streets and bring developed areas within a reasonable distance of a major collector road; provide service to smaller communities; and link the locally important traffic generators with other areas. “Road, major collectors” means the primary purpose of a collector road is to collect and distribute traffic between the local streets and the major and minor arterial streets and to provide access to adjacent properties. These roads, with minor collectors, primarily serve county rather than state traffic. More moderate speeds are typical. They serve traffic generators of intra county importance, such as consolidated schools, shipping points, county parks, and important business and agricultural areas. They link these places with nearby cities, arterials and freeways, and serve the more important intra county travel corridors. "Routine maintenance" means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. "Runoff." See definition for "stormwater runoff." “Rural area” means a sparsely developed area, with population density of fewer than 100 persons per square mile, where the land is undeveloped or primarily used for agricultural purposes. S “Sanitary sewer” means an underground system that carries wastewater and sewerage to a treatment plant. "Saved tree" means a tree in which the critical root zone has not been disturbed by more than 25%. “Scale” means the relationship between distances on a map and actual ground distance; or, the proportioned relationship of a size of parts to one another. “Scale of development” means the relationship or a particular project in terms of its size, height, bulk, intensity and aesthetics to its surroundings. “School” means any building or part thereof, that is designed, constructed, or used for education or instruction in any branch of knowledge or skill. “Screen” means a structure, berm, or planting consisting of fencing and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property or a portion thereof. "Sediment" means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. "Sedimentation" means the process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity. "Self-service storage facility" or “self-storage facility” means a fully enclosed facility containing independent bays and/or self contained units which are leased to or owned by individuals exclusively for dead storage of goods or personal property. “Septic system” means an underground system with a septic tank used for the decomposition of domestic wastes. "Service charges" means the periodic rate, fee or charge applicable to a parcel of land, which charge shall be reflective of the service provided by the city stormwater utility. Service charges are based on measurable parameters which influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of land. The use of impervious area as a service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat rate charges for one (1) or more classes of similarly situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater service charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management of that property, including, but not limited to, charges for development plan review, inspection of development projects and on site stormwater control systems and enhanced level of stormwater services above those normally provided by the city. "Setback" means the horizontal distance between a building or building line and a property line or a buffer line in which a structure cannot be erected or, with respect to a stream, the area established by the unified development code extending beyond any buffer applicable to the stream. (Setbacks are illustrated in figure A.2.) "Screening" means a method of shielding or obscuring one (1) abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like. "Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk. “Short-Term Truck Parking” means the parking of freight trucks for periods not to exceed 24 hours for overnight rest, mandatory breaks, or temporary parking. "Sidewalk area" means an area improved for walking along an existing street, primary grid, or secondary grid that begins at the street curb, or edge of pavement if no curb exists, and consists of a contiguous and continuous landscape zone and pedestrian zone. (1) "Sidewalk planted landscape zone" means the paved or unpaved portion of the sidewalk area adjacent to the street and reserved for trees, groundcover, and street furniture including, waste receptacles, traffic signs, newspaper boxes, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. (2) "Sidewalk pedestrian clear zone" means the paved portion of the sidewalk area reserved for pedestrian passage and unobstructed by any permanent objects to a height of eight (8) feet above the paved surface. The pedestrian zone shall be adjacent to the landscape zone and shall have a consistent cross-slope not exceeding two percent (2%). “Sight triangle” means the triangular shaped portion of land at street intersections in which nothing is erected placed, or planted or allowed to grow as to limit obstructions to the sight distance of motorists entering or leaving the intersection. "Sign" means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed in view of the general public. For the purpose of determining number of signs, a single display surface or a single display device containing different elements that are organized, related, and composed to form a unit shall be considered to be one (1) sign. Where different elements are displayed in a random manner without an organized relationship to each other, or where there is reasonable doubt as to the relationship of different elements to each other, each element shall be considered to be a single separate sign. “Sign, animated” or “sign, moving” means a sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. “Sign, awning” means a sign that is mounted, painted, or attached to an awning or other window or door canopy that is otherwise permitted by this UDO. “Sign, banner” means a temporary sign of cloth or similar material. “Sign, blade” means a vertically oriented wall sign, also known as a projecting sign. “Sign, canopy” means a sign attached to the underside of a canopy. “Sign, digital” means changeable electronic variable message signs that have changeable messages or displays and meet the requirements related to the duration of messages, transition time, lighting, and brightness. “Sign, directory” means a sign listing the tenants or occupants of a building or group of buildings. “Sign, electronic” means a sign composed of content or messaging can be changed or altered on a fixed display screen composed of electrically illuminated segments. “Sign, entrance” means a sign placed near the intersection of a public street and a public or private entryway into a residential or mixed-use development that identifies the name of the development. “Sign, flashing” means any sign with a message area that electronically scrolls, flashes, varies in illumination, rotates, or changes more often than once every fifteen (15) seconds. “Sign, freestanding” means sign not affixed to a building. “Sign, ground” means any sign principally supported by uprights or braces which are permanently placed into the ground and not supported by or suspended from any building or structure. A ground sign is a type of freestanding sign. “Sign, hand-held" means any sign greater than 36 square inches (0.25 square feet) that is carried or physically supported by a person. “Sign, hanging” means a sign that hangs below, and it supported by, a marquee, canopy, or awning and is perpendicular to the building face. “Sign, holiday decoration” means temporary signs, in the nature of decorations, and customarily and incidentally associated with a national, local, or religious holiday. “Sign, illuminated” means a sign lighted by or exposed to, artificial lighting either by lights on or in the sign or directed toward the sign. “Sign, inflatable” means any display capable of being expanded by air or other gas. “Sign, informational” means a sign not permanently installed in the ground with an area of not greater than four (4) square feet, and a height no greater than three (3) feet. with a sign face made for short term use, containing no reflecting elements, flags, or projections. Standard information signs are mounted on one or more stakes or metal frames, with a thickness or diameter not greater than two (2) inches each. “Sign, internal” means a sign that is not intended to be viewed from outside the subject property and is located so as not to be visible from any public right-of-way or from any other nearby property. “Sign, landmark” means a sign that has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. Such examples include metal frame roof signs, neon signs, and tower-style freestanding signs. “Sign, mobile” means any sign that is either part of or otherwise affixed to any trailer or vehicle, whether motorized or non-motorized, intended for long-term display at a particular location. “Sign, monument” means a freestanding sign of which the entire bottom of the sign is generally in contact with or near the ground providing a solid and continuous background for the sign face from the ground to the top of the sign. The structure shall be at least as wide as the sign and shall be constructed of brick, stone, or an architectural masonry material. “Sign, multi-faced" means a sign with two (2) faces mounted or placed on the same structure that form a geometric angle of less than 45 degrees at their vertex. The characteristics of the largest sign face shall be used to determine compliance. “Sign, portable” means a temporary sign, such as a sidewalk, sandwich, or A-frame sign, designed to be transported or easily relocated and not permanently attached to the ground and not otherwise permanently affixed to it as otherwise required by the building code. “Sign, projecting” means any sign which is attached perpendicular to a building or structure and projects outward from the portion of the building or structure to which it is attached. “Sign, pylon or pole” means a freestanding sign, mounted on one or more groundmounted support poles or structures. “Sign, roof” means any sign erected upon or above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. “Sign, sidewalk or sandwich” means a movable A-Frame sign. “Sign, snipe” means any device created for the purpose of reflecting light directed at the device so as to render the device especially visible. “Sign, stake” means a temporary yard sign supported by at least one (1) upright stake placed into the ground, with a sign area not greater than eight (8) square feet. “Sign, temporary” means any sign or device which is not temporarily attached to the ground or other permanent structure, which is designed to be mobile or is designed to remain in place for a limited time, such as balloons, banners, and mobile signs. “Sign, wall” means a sign fastened to or painted on, the wall of a building or structure in such a manner as the wall becomes the supporting structure for or forms the background surface of the sign, and that does not project more than 12 inches from such building or structure. “Sign, window” means a permanent sign that is painted or mounted on a window pane or hung directly inside a window for the purpose of identifying the sign from the right-of-way or street. “Sign area” means the face of the sign, including letters, numerals, or graphics, but excluding any framing, trimming, molding or supporting structures. “Sign face” means the area or display surface on a sign used for the message. "Significant tree" means any existing, healthy, living tree eight (8) inches DBH or greater in size. “Silviculture” means a process, following accepted forest management principles, whereby forests are tended, harvested, and reforested either by natural or artificial reforestation, or both. "Site" means an area of land where development is planned, which may include all or portions of one (1) or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit. “Site” also means the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure. “Site plan” means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot including topography, vegetations, drainage, floodplains, and waterways; landscaping and open areas; walkways; means of ingress and egress; circulation; utility services; structures and buildings; lighting; berms, buffers, and screening devices; surrounding development; and other information that may be reasonably required in order for the governing authority to make an informed decision. “Site plan, minor” means a Development Plan involving an alteration or small addition to an existing development in which the increase in floor area is less than 10% of the existing floor area, does not require a new street or an extension of an existing street, does not require offtract improvements, and does not require variances. "Small box discount store" means a retail store: (1) With floor area less than twelve thousand (12,000) square feet; (2) That primarily offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and (3) Continuously offers and advertises a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item. Small box discount store shall not include the following: Drug stores or a convenience stores attached to or collocated with fuelgas stations. "Solar energy system (SES)" means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the City of Stockbridge zoning code, SES refers only to: (1) Photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device; or (2) Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling. SES as used in the City of Stockbridge zoning code excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity. "Solar energy system, integrated" means an SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter. "Solar energy system, rooftop" means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated SES. "Solar energy system, ground mounted" means an SES that is structurally mounted to the ground and does not qualify as an integrated SES. For purposes of the Stockbridge zoning code, any solar canopy that does not qualify as an integrated SES shall be considered a ground mounted SES, regardless of where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint. Ground mounted SESs shall be delineated by size as follows: (1) "Solar energy system, ground mounted small scale (small scale SES)" means a ground mounted SES with a footprint of less than two (2) acres. (2) "Solar energy system, ground mounted intermediate scale (intermediate scale SES)" means a ground mounted SES with a footprint of between two (2) and fifteen (15) acres. (3) "Solar energy system, ground mounted large scale (large scale SES)" means a ground mounted SES with a footprint of more than fifteen (15) acres. “Solid waste” means putrescible and non-putrescible wastes, except water-carried body waste, and shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludges, animal manure, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and any other waste material in a solid or semi-solid state not otherwise defined in these regulations. "Solid waste management facilities" means public or private disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating, or disposal of garbage, sewage, rubbish, offal, oil field wastes, hazardous waste, or other waste material originating on or off the premises. "Special event" means a gathering or event for which the promoter or other person, firm, or corporation holding or producing the event must obtain a permit. "Special use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A special use is permanent in nature. “Specimen tree” means a particularly impressive or unusual example of a species because of its size, age, shade, or other trait that epitomizes the character of the species. "Stabilization" means 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. "Stable, private" means a stable with a capacity of not more that four (4) horses, mules or other draught animals. "Stable, public" means a stable other than a private stable with a capacity of more than four (4) horses, mules or other draught animals. "Start of construction" means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days after 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. "State waters" means 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 the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation, except any project involving less than one (1) acre of disturbed area and as may be defined in O.C.G.A. § 12-7-17(7). "Stormwater concept plan" means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan, including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design. "Storm drainage system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs and other drainage structures. "Stormwater management plan" means a plan for post-construction stormwater management at the site that meets the requirements of Chapter 17 and is included as part of the land development application. "Stormwater management standards" means those standards set forth in Chapter 17. "Stormwater management system" means the entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. "Stormwater pollution prevention plan" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable. "Stormwater runoff" means flow along the surface of the ground, resulting from precipitation. "Stream" means any stream, beginning at: 1. The location of a spring, seep, or groundwater outflow that sustains stream flow; or 2. A point in the stream channel with a drainage area of twenty-five (25) acres or more; or 3. Where evidence indicates the presence of a stream in a drainage area of other than twenty-five (25) acres, the City of Stockbridge may require field studies to verify the existence of a stream. "Stream bank" means the sloping land that contains the stream channel and the normal flows of the stream. "Stream channel" means the portion of a watercourse that contains the base flow of the stream. "Street" means any right-of-way, public or private, including arterials, collectors, local roads, and roadways by any other designation, as well as bridges, tunnels, andy other portions of the transportation network. “Street” also means the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, curb and gutter, sidewalks, drainage ditches and structures, and other areas within the right-of-way lines. (1) "Alley" means a strip of land providing vehicular and pedestrian access to the rear of properties which abut and are served by a public street. (2) "Boulevard" means a street developed with two (2) one-way pavements separated by a landscaped median. (3) "Collector street" means a public street whose function is to collect traffic from local streets and neighborhoods and connects to another public street of equal or greater classification. A collector may also provide direct access to adjacent properties. (4) "Cul-de-sac" means a dead-end local street, of limited length, opened at one (1) end and closed at the other by a permanent turnaround. (5) "Dead-end street" means a local street open at one (1) end and closed at the other. (6) "Expressway" means the expressway system, which includes high volume limited access thoroughfares through the county and region beyond. (7) "Frontage road" means a street which is parallel to, and adjacent to major thoroughfare and which provides access to abutting properties and protection from through traffic. (8) "Local street" means a public street that serves a limited area and whose primary function is to provide direct access to adjoining properties. (9) "Major arterial" means a public street whose primary function is to connect two (2) highways of equal or greater classification or capacity, provide primary access to a large land area, provide access to a large traffic generator, or connect two (2) or more towns or communities. The secondary function is to provide local access. (10) "Minor arterial" means a public street that serves an intermediate function between collectors and major arterials, and also serves as a traffic feeder to major arterials and for cross-country and regional travel. (11) "Stub street" means a dead-end street at adjoining property lines intended for future extension to serve the development of adjoining areas. “Street furniture” means constructed, above ground objects, such as outdoor seating, kiosks, bus shelters, sculptures, trash receptacles, planters, bollards, fountains that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and outdoor spaces. "Structure" means anything constructed or erected with a fixed location principally above or on the ground or attached to something having a fixed location on the ground including a walled and roofed building, manufactured home, or gas or liquid storage tank. (1) "Structure, principal" means the building or structure in which the primary use permissible on the lot is conducted. (2) "Structure, accessory" or "accessory use" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. "Structural erosion, sedimentation, and pollution control practices" means 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. "Structural stormwater control" means a structural stormwater management facility or device that controls stormwater runoff and charges the characteristics of that runoff, including, but not limited to, the quantity and quality, the period of release or the velocity of flow. "Subdivision" means the division of a parcel or tract of land into more than one (1) or more lots or building sites for the purpose, whether immediately or in the future, of sale, of creating sites for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway. “Subdivision, consolidation” means the combining of individual recorded lots to form fewer tracts than currently exist. "Substantial damage" means 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 percent (50%) of the market value of the structure before the damage occurred. “Subdivision, minor” means any subdivision of land that does not involve the following (1) creation of more than the maximum number lots allowed by this UDO for that district; (2) any new street; (3) the extension of any off-tract improvements. "Substantial damage" means 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 percent (50%) of the market value of the structure before the damage occurred. "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the improvement. The market value of the building means: (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 director, and not solely triggered by an improvement or repair project. "Substantially improved existing manufactured home park or subdivision" means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. “Surface area” is the total exterior area, calculated my measuring the height and with of each building façade, including projections. T “Telecommunications tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas: self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, and cellular communications towers. “Tenant frontage” means the horizontal distance in feet between the left-side wall and the right-side wall or building end wall of a tenant space fronting on a street. “Theater” means a building or part of a building used to show motion pictures or drama, dance, musical or other stage performances. "Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The term "timber harvesting" may include both clear cutting and selective cutting of timber. “Tiny houseme” means a detached single-family dwelling of compact design intended for permanent residential occupancy, constructed on a permanent foundation in accordance with the Georgia State Minimum Standard Residential Code, as amended, and containing not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Tiny House shall comply with the Tiny House requirements established in Section 3.2. of this UDCmeans a detached dwelling unit containing a maximum gross floor area of four hundred (400) square feet, excluding porches, patios, loft areas not meeting habitable space requirements, and accessory structures “Tiny house on wheels (THOW)” means a dwelling unit constructed on a trailer chassis or other movable platform that is designed to be transported on public roadways and is not permanently affixed to a permanent foundation. A Tiny House on Wheels shall not be considered a dwelling unit or a permitted residential use under this UDC. Formatted: Font: 12 pt “Tiny house village development” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. “Tot lot” means an improved and equipped play area for small children, usually up to elementary school age. "Tower” or “tower support structure" means any structure designed and constructed primarily for the purpose of supporting one (1) or more antenna arrays, including selfsupporting lattice towers, guy tower, or monopole towers. The term shall include radio and television transmission towers, microwave towers, common-carrier towers, PCS service towers, cellular telephone towers, alternative tower structures, and the like. (1) (1) "Monopole tower" means a cylindrical self-supporting communications tower constructed as a single spire. “Townhome” A residential dwelling unit constructed in a building containing three (3) or more attached dwelling units, with each unit having its own individual entrance. Townhomes may be developed on a common lot or on individually platted lots in accordance with the requirements of the applicable zoning district. "Tractor trailer storage" means property used for the long term-controlled storage of tractor trailers which include permanent office or security facilities. "Traffic impact study (TIS)" is an important tool in the overall development planning process (residential, commercial, industrial, institutional, etc.). It provides information which identifies impacts of proposed developments on the existing, short range and long range roadway/circulation networks. It also identifies mitigation measures for the impacts identified. Traffic impact studies shall be conducted by a qualified professional. “Transparency” is the minimum percentage of windows and doors that must cover a facade. “Transportation Improvement Project” means the construction, reconstruction, retrofit, or alteration of any street, and includes the planning, design, approval, and implementation processes, except that “Transportation Improvement Project” does not include routine upkeep such as cleaning, sweeping, mowing, spot repair, or pavement resurfacing. "Tree" means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three (3) inches at any point and a height of over twelve (12) feet. "Tree defects." Tree defects can be of two (2) kinds: Injury or disease that seriously weakens the stems, roots, or branches of trees, predisposing them to fail or structural problems arising from poor tree architecture. Tree hazards include dead or dying trees, dead parts of live Formatted: Indent: Left: 0", First line: 0.5" Formatted: Font: (Default) Calibri, Ligatures: None trees, or unstable live trees due to structural defects or other factors that are within striking distance of people or property. "Tree density unit (TDU)" means a credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this chapter. "Tree density standard (TDS)" means the minimum number of tree density units per acre which must be achieved on a property after development. "Tree diameter" means the widest cross-sectional dimension of a tree trunk measured at the diameter at breast height (DBH). "Tree protection area" means any portion of a site wherein are located existing trees which are proposed to be preserved to comply with the requirements of this UDC. "Tree removal" means the physical act of cutting down and removing a tree from a site. "Tree replacement/protection plan" means a plan that identifies tree protection areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information. “Tree service” means a business whose primary operation is the trimming or removal of trees and the storage and use of associated equipment and vehicles. "Tree thinning" means selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way, shall be construed as clear cutting. "Trout streams" means 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. 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. “Truck staging or waiting area” means an area used for temporary truck waiting, dispatching, queueing, or idling generally not to exceed four (4) hours. For the purposes of this UDO, this definition shall not include loading zones associated with active loading and unloading activities. “Truck stop” means facility for parking of freight trucks for periods not exceeding twentyfour (24) hours for overnight rest, mandatory breaks, or temporary parking. “Truck storage facility” means a facility for the parking or storage of freight trucks for periods exceeding twenty-four (24) consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. “Truck terminal” means an area and building where trucks load and unload cargo and freight and where car and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. U "Understory tree”, “medium tree,” or “small tree" means a class of trees and large shrubs that do not attain the height of a canopy or shade tree, yet are large enough at maturity to provide shade for people, as well as many of the benefits of larger shade trees. Examples include Dogwood, Red Bud, Crabapple, Crepe Myrtle, Wax Myrtle, Ornamental Cherry, Hawthorne, and tree-type type hollies. "Undeveloped land" means land in its unaltered natural state or which has been notified to such minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have no pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate or flow in a manner materially different than that which would occur if the land was in an unaltered natural state. "Undisturbed buffer" means a buffer, either impervious or vegetated, in which no encroachment of buildings or structures is permitted. "Unit of development" means the standard incremental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit, square foot of floor area, motel room, etc. "Utility" means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads. “Utility box” means electric transformers, switch boxes, telephone pedestals, and telephone boxes, cable television boxes, traffic control boxes and similar devices. “Utility corridors” means rights-of-way or easements for utility lines on either publicly or privately owned property. “Utility services” means the generation, transmission, and/or distribution of electricity, gas, steam, communications and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation. V “Vacancy” or “vacant” means any unoccupied land, structure, building or part thereof that is available and suitable for occupancy. "Variance" means a grant of relief from the site design requirements of the unified development code related to dimensional standards for lots, building placement, building height, and parking spaces. "Vegetative erosion and sedimentation control measures" means measures for the stabilization of erodible or sediment-producing areas by covering the soil with: 1. Permanent seeding, sprigging or planting, that produces long-term vegetative cover; 2. Temporary seeding that produces short-term vegetative cover; or 3. 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. "Vehicle, abandoned" means a vehicle which does not bear a current State license plate, unless said vehicle is stored within a completely enclosed building or it is stored on a bona fide sales lot and is in satisfactory operating condition. “Village center” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management or development regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. W “Wall” means (1) the vertical exterior of a building; (2) one of the vertical interior surfaces that divide the building into rooms. “Warehouse” means a building used primarily for the storage of goods and materials. “Waste” means an unusable or unwanted substance or material. “Waste transfer station” means a facility used to transfer solid waste from one transportation vehicle to another for transport to a disposal facility or processing operation. "Watercourse" means 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 includes any area adjacent thereto subject to inundation by reason of overflow or floodwater. "Watershed" means the land area that drains into a particular stream. "Wetlands" means those areas that are inundated or saturated by surface or groundwater 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. "Wireless communications" means any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services, including cellular, digital communications (DCS), personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television communications, and similar services that currently exist or that may in the future be developed. "Wireless telecommunications facility" means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. “Work day” or “working day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Wrecker service" means the recovering or removing wrecked, junked, abandoned, disabled or repossessed vehicles by a person, vehicle, or piece of equipment employed, especially a truck with a hoist and towing apparatus. Vehicle storage areas are only allowed with an approved conditional use. Dismantling of stored vehicles for resale purposes shall be prohibited. “Wrested vegetation” means as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action. X “Xeriscape” means landscape design encouraging the use of drought resistant plants and ground cover, as well as water conservation and retention techniques. Y "Yard" means a required open space located on the same lot as the principal building, unoccupied and unobstructed except for accessory uses, vegetation, and fences (1) "Front yard" means that area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. The front yard of a corner lot shall include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed. (2) "Rear yard" means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. The rear yard of a corner lot shall not include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. (3) "Side yard" means the area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard. “Yard sale” means the sale of miscellaneous used items, commonly associated with residential use, by the owner and/or occupants of a residential property on that property. Z "Zoning district" means the use classification of parcels of land as generally defined under this unified development code. "Zoning map" means a map of the City of Stockbridge, Georgia, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. "Zoning ordinance" means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein. O.C.G.A. § 36-66-3. UNIFIED DEVELOPMENT CODE: 2026 UPDATE City of Stockbridge, Georgia FINAL DRAFT · VERSION 5 Prepared for the Mayor and City Council Council Review Copy DEPARTMENT Community Development DOCUMENT Unified Development Code (UDC), Final Draft V5 DRAFT DATE October 2026 COUNCIL MEETING This document is a draft provided for review and discussion. It does not take effect until adopted by the Mayor and City Council. COUNCIL READER’S GUIDE The Unified Development Code (UDC) brings the City’s zoning, use, design, sign, subdivision, environmental and infrastructure rules together in one document. The table below summarizes each chapter in plain language so you can go straight to the topics on your agenda. CH. CHAPTER WHAT IT COVERS 1 General Provisions Title, legal authority and purpose of the code; documents adopted by reference; rules of interpretation; the official zoning map; and how projects move from the old rules to the new ones. 2 Zoning and Overlay Districts Creates each zoning district, converts existing districts to the new ones, and sets rules for legacy, special purpose and overlay districts. 3 Use Regulations The Land Use Table showing where each type of use is allowed, plus extra standards that apply to specific uses. 4 Development Standards Site design standards and architectural guidelines for new development. 5 Parking Requirements Required parking and loading spaces, accessible parking, lot design, shared parking, garages, bicycle parking and drive-through stacking. 6 Sign Standards Sign review and permits, lighting, permanent and temporary signs, master sign plans, landmark signs and nonconforming signs. 7 Nonconforming Standards How lots, buildings, uses and site features that predate current rules may continue, change or end. 8 Review Bodies and Administrators Roles of the Planning Commission, Historic Preservation Commission, Mayor and City Council, and Community Development Director. 9 10 11 12 13 Administrative Development Procedures Public Hearing Application and Review Procedures Variances and Appeals Violations, Penalties, and Enforcement Buffers, Landscaping, and Tree Protection Permits approved by staff, and timber harvesting. Applications that require a public hearing, public notice rules, hearing procedures, regional impact reviews, historic designation, annexation zoning and waivers. Variances, administrative variances, and appeals of staff and Council decisions. Inspections, enforcement, stop work orders, penalties and remedies. Tree protection, buffers, landscaping, sureties, inspection and ongoing maintenance. 14 Subdivisions The plat process from pre-application meeting to final plat recording, open space ownership and street naming. 15 Environmental Protection Stream buffers, erosion control, illicit discharges, floodplains, wetlands, watersheds, groundwater, car wash water recycling and outdoor watering. 16 Infrastructure Improvements Traffic impact studies, street and drainage design, bicycle, sidewalk and trail standards, streetlights and water conservation. 17 Stormwater Management Stormwater permits, concept and management plans, performance criteria and the stormwater utility. 18 19 Guarantees and Sureties Financial guarantees that ensure required improvements are completed and maintained. Acronyms and Definitions Acronyms and the meaning of defined terms used throughout the code. HOW TO READ THIS CODE Section numbers. Numbers read Chapter.Section.Subsection. For example, 3.1.2 is Chapter 3, Section 1, Subsection 2. Defined terms. Words with a specific legal meaning are defined in Chapter 19, Acronyms and Definitions. Land Use Table key (Chapter 3). P = permitted. S = permitted with a special use permit. A = permitted as an accessory use. A/S = accessory use with a special use permit. Blank = prohibited. Finding your place. The current chapter is shown at the bottom of every page, and each chapter starts on a new page. City of Stockbridge | Unified Development Code i CONTENTS Chapter 1: General Provisions .................................................................................................................................................... 1 1.1 Generally .................................................................................................................................................................................. 1 1.2 Documents Adopted by Reference .......................................................................................................................................... 3 1.3 Rules of Interpretation ............................................................................................................................................................. 5 1.4 Zoning Map and Zoning Districts .............................................................................................................................................. 6 1.5 Transitional Provisions ............................................................................................................................................................. 7 Chapter 2: Zoning and Overlay Districts ................................................................................................................................... 10 2.1 Generally ................................................................................................................................................................................ 10 2.2 Official Zoning Map ................................................................................................................................................................ 10 2.3 Establishment of Zoning Districts ........................................................................................................................................... 10 2.4 District Conversions ............................................................................................................................................................... 17 2.5 Zoning Districts ...................................................................................................................................................................... 17 2.6 Legacy Zoning Districts ........................................................................................................................................................... 26 2.7 Special Purpose District .......................................................................................................................................................... 27 2.8 Overlay Districts ..................................................................................................................................................................... 32 Chapter 3: Use Regulations ...................................................................................................................................................... 46 3.1 Use of Land ............................................................................................................................................................................ 46 3.2 Supplemental Use Regulations............................................................................................................................................... 55 Chapter 4: Development Standards ....................................................................................................................................... 104 4.1 Purpose and Intent .............................................................................................................................................................. 104 4.2 Applicability.......................................................................................................................................................................... 104 4.3 Site Design Standards........................................................................................................................................................... 104 4.4 Architectural Guidelines ....................................................................................................................................................... 114 Chapter 5: Parking Requirements .......................................................................................................................................... 127 5.1 Purpose ................................................................................................................................................................................ 127 5.2 Applicability.......................................................................................................................................................................... 127 5.3 Maintenance ........................................................................................................................................................................ 127 5.4 General ................................................................................................................................................................................ 127 5.5 Parking Calculation Requirements........................................................................................................................................ 129 5.6 Required Parking Spaces and Loading Spaces ...................................................................................................................... 130 5.7 Handicap Parking Requirements .......................................................................................................................................... 135 5.8 Design Standards ................................................................................................................................................................. 136 5.9 Shared Parking Arrangements.............................................................................................................................................. 138 5.10 Parking Garages ................................................................................................................................................................. 140 5.11 Bicycle Parking ................................................................................................................................................................... 140 5.12 Stacking Spaces .................................................................................................................................................................. 140 Chapter 6: Sign Standards ...................................................................................................................................................... 142 6.1 Legal Framework .................................................................................................................................................................. 142 6.2 Review and Approval ........................................................................................................................................................... 143 6.3 Administration and Enforcement ......................................................................................................................................... 145 6.4 General Regulations ............................................................................................................................................................. 145 6.5 Illumination .......................................................................................................................................................................... 147 6.6 Authorized Signs by Land Use .............................................................................................................................................. 149 6.7 Permanent Signs .................................................................................................................................................................. 149 6.8 Temporary Signs .................................................................................................................................................................. 149 6.9 Requirements for Master Sign Plans .................................................................................................................................... 155 6.10 Landmark Signs .................................................................................................................................................................. 157 6.11 Variances............................................................................................................................................................................ 158 6.12 Nonconforming Signs ......................................................................................................................................................... 158 City of Stockbridge | Unified Development Code ii CONTENTS Chapter 7: Nonconforming Standards.................................................................................................................................... 160 7.1 Purpose and Intent .............................................................................................................................................................. 160 7.2 Determination of Lawful Nonconforming Situations ............................................................................................................ 160 7.3 Nonconforming Lots of Record ............................................................................................................................................ 161 7.4 Nonconforming Buildings and Structures............................................................................................................................. 161 7.5 Nonconforming Uses of Property......................................................................................................................................... 162 7.6 Nonconforming Improvements and Features ...................................................................................................................... 162 7.7 Termination of Detrimental Nonconforming Situations ....................................................................................................... 163 7.8 Nonconforming Manufactured Homes ................................................................................................................................ 163 Chapter 8: Review Bodes and Administrators ....................................................................................................................... 164 8.1 Review Bodies ...................................................................................................................................................................... 164 8.2 Planning Commission ........................................................................................................................................................... 164 8.3 Historic Preservation Commission ........................................................................................................................................ 164 8.4 Governing Body.................................................................................................................................................................... 164 8.5 Community Development Director ...................................................................................................................................... 165 Chapter 9: Administrative Development Procedures ............................................................................................................ 171 9.1 Purpose and Intent .............................................................................................................................................................. 171 9.2 Permits ................................................................................................................................................................................. 171 9.3 Timber Harvesting ................................................................................................................................................................ 179 Chapter 10: Public Hearing Application, Review Procedures................................................................................................. 181 10.1 Generally ............................................................................................................................................................................ 181 10.2 Procedures Summary ......................................................................................................................................................... 183 10.3 Public Notice Requirements ............................................................................................................................................... 185 10.4 Procedures for Conducting Public Hearings ....................................................................................................................... 189 10.5 Requirements for Development(s) of Regional Impact ...................................................................................................... 201 10.6 Requirements for Designation of Historic Districts and Properties .................................................................................... 201 10.7 Zoning of Annexed Property with Common Zoning Classification ...................................................................................... 203 10.8 Waivers .............................................................................................................................................................................. 203 Chapter 11: Variances and Appeals........................................................................................................................................ 206 11.1 Variances............................................................................................................................................................................ 206 11.2 Administrative Variances.................................................................................................................................................... 208 11.3 Appeals of Administrative Decisions .................................................................................................................................. 209 11.4 Appeals of a Final Action by the Mayor and City Council ................................................................................................... 210 Chapter 12: Violations, Penalties, and Enforcement.............................................................................................................. 211 12.1 Authority ............................................................................................................................................................................ 211 12.2 Inspections ......................................................................................................................................................................... 211 12.3 Enforcement ...................................................................................................................................................................... 212 12.4 Stop Work Orders and Revocations ................................................................................................................................... 215 12.4 Other Enforcement ............................................................................................................................................................ 215 12.6 Penalties for Violations ...................................................................................................................................................... 216 12.7 Appeals or Trials................................................................................................................................................................. 216 12.8 Enforcement, Remedies, or Injunctive Relief ..................................................................................................................... 217 Chapter 13: Buffers, Landscaping, and Tree Protection ......................................................................................................... 218 13.1 General .............................................................................................................................................................................. 218 13.2 Applicability........................................................................................................................................................................ 219 13.3 Exemptions ........................................................................................................................................................................ 219 13.4 Grandfathered Provisions .................................................................................................................................................. 220 13.5 Procedures ......................................................................................................................................................................... 220 City of Stockbridge | Unified Development Code iii 13.6 Tree Protection .................................................................................................................................................................. 221 CONTENTS 13.7 Buffer Requirements .......................................................................................................................................................... 235 13.8 Landscape Requirements ................................................................................................................................................... 239 13.9 Timber Harvesting .............................................................................................................................................................. 243 13.10 Sureties ............................................................................................................................................................................ 243 13.11 Inspection ........................................................................................................................................................................ 244 13.12 Continuing Maintenance .................................................................................................................................................. 244 Chapter 14: Subdivisions ........................................................................................................................................................ 245 14.1 Subdivision Plat Process Applicability................................................................................................................................. 245 14.2 Plat Procedures .................................................................................................................................................................. 245 14.3 Review and Approval Authority ......................................................................................................................................... 245 14.4 Pre-Application Meeting .................................................................................................................................................... 246 14.5 Preliminary Plat Requirements........................................................................................................................................... 246 14.6 Exemptions from Preliminary Plat Procedures ................................................................................................................... 247 14.7 Final Plat Requirements ..................................................................................................................................................... 248 14.8 Final Plat Recording............................................................................................................................................................ 250 14.9 Appeals .............................................................................................................................................................................. 250 14.10 Expiration ......................................................................................................................................................................... 250 14.11 Requirements Regarding Ownership and Management of Open Space .......................................................................... 250 14.12 Requirements Regarding Stormwater Facilities ............................................................................................................... 251 14.13 Street Name and Sign Requirements ............................................................................................................................... 252 Chapter 15: Environmental Protection .................................................................................................................................. 253 15.1 Stream Buffer Protection ................................................................................................................................................... 253 15.2 Soil Erosion, Sedimentation, and Pollution Control ............................................................................................................ 257 15.3 Illicit Discharge and Illegal Connection. .............................................................................................................................. 268 15.4 Floodplain Management/Flood Damage Prevention ......................................................................................................... 271 15.5 Wetland Protection. ........................................................................................................................................................... 283 15.6 Watershed Protection. ....................................................................................................................................................... 287 15.7 Groundwater Recharge Protection .................................................................................................................................... 290 15.8 Recycling of Water at Commercial Carwash Facilities ........................................................................................................ 291 15.9 Outdoor Watering .............................................................................................................................................................. 292 Chapter 16: Infrastructure Improvements ............................................................................................................................. 294 16.1 Multimodal Traffic Impact Studies (TIS).............................................................................................................................. 294 16.2 Minimum Design Standards ............................................................................................................................................... 300 16.3 Streets ................................................................................................................................................................................ 301 16.4 Drainage Standards for Streets .......................................................................................................................................... 315 16.5 Bicycle Facilities Construction Standards............................................................................................................................ 319 16.6 Sidewalk Construction Standards ....................................................................................................................................... 320 16.7 Trail Construction Standards .............................................................................................................................................. 322 16.8 Transportation Improvement Projects ............................................................................................................................... 325 16.9 Streetlight and Pedestrian Light Requirements .................................................................................................................. 326 16.10 Drinking Water Conservation Requirements .................................................................................................................... 327 Chapter 17: Stormwater Management .................................................................................................................................. 329 17.1 Purpose and Intent ............................................................................................................................................................ 329 17.2 Applicability and General Standards .................................................................................................................................. 330 17.3 Stormwater Design Manual ............................................................................................................................................... 331 17.4 Permit Application ............................................................................................................................................................. 331 17.5 Stormwater Concept Plan .................................................................................................................................................. 333 17.6 Stormwater Management Plan .......................................................................................................................................... 334 17.7 Performance Criteria .......................................................................................................................................................... 334 17.8 Stormwater Management Design Requirements ............................................................................................................... 344 17.9 Stormwater Management Utility ....................................................................................................................................... 345 City of Stockbridge | Unified Development Code iv Chapter 18: Guarantees and Sureties .................................................................................................................................... 352 CONTENTS 18.1 Generally ............................................................................................................................................................................ 352 18.2 Performance Guarantees ................................................................................................................................................... 352 18.3 Maintenance Guarantees ................................................................................................................................................... 353 18.4 Maintenance Guarantees (Stormwater) ............................................................................................................................ 354 18.5 Maintenance Agreements/Inspections (Stormwater) ........................................................................................................ 354 18.6 Authorized Guarantee Types ............................................................................................................................................. 355 18.7 Default and Forfeiture........................................................................................................................................................ 356 18.8 Release of Surety ............................................................................................................................................................... 356 Chapter 19: Acronyms and Definitions .................................................................................................................................. 357 19.1 Acronyms ........................................................................................................................................................................... 357 19.2 Definitions .......................................................................................................................................................................... 358 City of Stockbridge | Unified Development Code v City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 1: GENERAL PROVISIONS 1.1 Generally 1.1.1 Short Title This ordinance shall be known as the "Unified Development Code of the City of Stockbridge, Georgia," and may be referred to herein as the " code," " ordinance," or the "UDC." 1.1.2 Components of this Unified Development Code This UDC contains the following parts: A. Text of this UDC; and B. The Official Zoning Map; and C. Any map amendment or conditions of approval adopted in accordance with this Code. 1.1.2 Authority The UDC is enacted based on the authority vested in the City of Stockbridge by the State of Georgia, including but not limited to the Georgia Constitution Article IX, Section 2, Paragraph IV, the Zoning Procedures Law, O.C.G.A. Chapter 36-66-1 et seq., and the charter of the City of Stockbridge, Georgia. 1.1.3 Purpose of the UDC This UDC is adopted for the purpose of promoting the public health, safety, and general welfare of the residents, property owners, and visitors to the City of Stockbridge and to encourage the orderly, harmonious, and judicious use of land, consistent with the goals, policies, and strategies of the City of Stockbridge Comprehensive Plan. More specifically, this UDC is adopted to accomplish the following purposes: A. To balance conservation with environmental stewardship by: 1. Conserving unique natural resources, including delicate ecosystems, forested areas, stream beds, water reservoirs, and archeological sites. 2. Promoting preservation and restoration of the native tree canopy. 3. Protecting the built and natural environments from air, water, noise, and light pollution. 4. Incentivizing the use of sustainable design features in new developments and projects. 5. Promoting the efficient use of land and preservation of open space. B. To achieve design excellence of the built environment by: 1. Providing parking and access standards that appropriately balance pedestrian and vehicular safety and result in safe pedestrian environments of the highest quality. 2. Providing design standards that result in attractive architecture and compatible transitions of uses, height, and building scale between existing and new developments. 3. Providing and promoting housing for all income groups within the City and promoting the stability of neighborhoods. 4. Ensuring development provides adequate light, air, convenience of access, and safety from fire, flood, and other dangers. CHAPTER 1: GENERAL PROVISIONS Page 1 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy C. To support enhanced quality of life by: 1. Supporting such timing, density, and distribution of land development and uses that will mitigate overcrowding of land to avoid undue concentration of population based on the availability of resources. 2. Reducing or mitigating congestion in the public streets. 1.1.4 Jurisdiction The regulations, standards, criteria, and procedures that are set forth in this UDC shall govern the design, development, and use of all land within the corporate limits of the City of Stockbridge, Georgia. 1.1.5 Minimum Requirements The provisions of this UDC are intended to be minimum requirements unless otherwise specified. Where the provisions of this UDC impose greater restrictions than other ordinances, the provisions of this UDC shall prevail. Where the provisions of another ordinance impose greater restrictions, the other ordinance shall prevail. 1.1.6 Conflicting Provisions A. This is the City of Stockbridge Unified Development Code, and all other conflicting ordinances and resolutions are hereby repealed. B. If any provision of this UDC is found to be inconsistent with or preempted by state or federal law, regulation, or constitutional requirement, such provision shall be applied only to the extent permitted by law. In such cases, the applicable state or federal requirement shall govern. C. Nothing in this UDC shall be construed or applied in a manner that violates or is preempted by applicable state or federal law, including but not limited to the United States Constitution, the Constitution of the State of Georgia, the Georgia Zoning Procedures Law, the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Fair Housing Act, the Americans with Disabilities Act, or the Telecommunications Act of 1996, as amended. D. Where the provisions of this UDC conflict with other ordinances or regulations of the City of Stockbridge, the more restrictive provision shall govern, to the extent allowed by law. For purposes of this section, the more restrictive provision is the one that imposes more stringent controls or standards on development. These regulations are not intended to abrogate, annul, repeal, or otherwise impair or interfere with existing provisions of other ordinances or regulations except as expressly provided herein. E. The enforcement and interpretation of this UDC shall not be affected by deed restrictions, covenants, or easements, except those imposed as a condition of approval of development plans, special use permits, rezonings, or other approvals granted pursuant to this Unified Development Code. F. The issuance of any approval, certificate, or permit in accordance with the standards and requirements of this UDC shall not relieve the recipient of such approval, certificate, or permit from the responsibility of complying with all other applicable requirements from any other city, county, state, or federal agency having jurisdiction over structures or land for which the approval, certificate, or permit was issued. 1.1.7 Relationship to the Comprehensive Plan The City of Stockbridge Comprehensive Plan, as is updated from time to time according to State requirements, is the official development policy and implementation guide for the City. Its purpose is to coordinate and direct physical and economic development, as well as related public investment, and to provide CHAPTER 1: GENERAL PROVISIONS Page 2 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy reasonable regulations for the development of private property in the interest of public health, safety, and welfare. The UDC is designed to implement all provisions of the comprehensive plan for the development and use of land. 1.1.8 Administrator The Community Development Director has been designated by the City of Stockbridge as the official who is charged with the administration of this UDC. The Director may, therefore, establish such rules and procedures as may be necessary. The Director is hereby authorized to interpret the provisions of this UDC whenever it is warranted and appropriate. The Director may authorize a designee to perform any action or duty which such officer, agency, or department is authorized to perform under this UDC. 1.1.9 Effect of Past Approval Condition A. The adoption of this UDC shall not repeal or invalidate any special use or conditional approval, or any condition imposed upon a prior rezoning or development approval. Where conditions have been applied to a property or use through the map amendment, special use permit, variance, or similar zoning or quasijudicial decision process, such conditions shall apply to all portions of the subject development. B. All conditions shall be met prior to the issuance of certificates of occupancy/completion for any development within the area subject to a rezoning/map amendment, variance, or special use permit, unless expressly stated in the condition itself. 1.1.10 Effective Date The provisions of this Ordinance become effective immediately upon adoption. Likewise, the term “Effective Date” shall refer to any subsequent adoption of any amendments. 1.1.11 Severability If any section, paragraph, clause, phrase, or provision of this UDC shall be adjudged to be invalid or held as being unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of remaining portions of this UDC. 1.2 Documents Adopted by Reference The documents identified in the following subsection include any attachments, future additions, appendices, indices, and amendments. 1.2.1 Functional Road Plan The functional road plan, adopted in the Comprehensive Plan, describing the functional classifications and associated right-of-way requirements, is hereby adopted by reference and declared part of this UDC. This plan provides information to guide the City of Stockbridge in requiring dedication or preservation of land for rights-ofway for future streets. 1.2.2 Georgia Stormwater Management Manual The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a part of this UDC. The GSMM specifies the channel protection, flood control requirements and design standards necessary to control stormwater runoff and protect water quality. CHAPTER 1: GENERAL PROVISIONS Page 3 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1.2.3 Metro North Georgia Water Planning District Legislation for the creation of the Metropolitan North Georgia Water Planning District was enacted to develop regional- and watershed-specific plans for a sixteen-county area of Georgia. The City of Stockbridge is located within the water supply area, and it is a member of the Metropolitan North Georgia Water Planning District; thus, its enabling legislation also requires that all provisions that are established by the district, as may be amended from time to time, be implemented by the local governments. 1.2.4 Floodplain Management The City of Stockbridge is required to adhere to the floodplain management standards which are referenced in Paragraph 60.3(d) (44 CFR 59), based on its participation in the National Flood Insurance Program (NFIP). The adopted flood insurance study (FIS), with its accompanying maps and other supporting data (as well as any revisions thereto, as may be amended from time to time), are hereby adopted by reference and shall be the final authority concerning base flood elevations (BFE) for the City of Stockbridge, if they are available. 1.2.5 Building and Construction Codes Each building and construction code that is listed has been approved by the State of Georgia, including any attachments, future editions, and amendments as may be approved by Mayor and City Council, are hereby adopted by reference as if it were set forth here in its entirety. A. International Building Code (ICC). B. National Electric Code, as is published by the National Fire Protection Association (NFPA). C. International Fuel Gas Code (ICC). D. International Mechanical Code (ICC). E. International Plumbing Code (ICC). F. International Residential Code for One- and Two-Family Dwellings (ICC). G. International Energy Conservation Code (ICC). H. International Fire Code (ICC). I. International Property Maintenance Code (ICC). J. Standard Amusement Device Code (SBCCI/ICC). K. Excavation and Grading Code (SBCCI/ICC). L. International Existing Buildings Code (ICC). M. Standard Swimming Pool Code (SBCCI/ICC). N. Standard Unsafe Building Abatement Code (SBCCI/ICC). O. The Code for Safety of Life from Fire in Buildings and Structures, as is contained in the National Fire Prevention Association Publication 101 (NFPA). 1.2.8 OSHA Safety and Health Regulations All safety and health regulations that are promulgated by OSHA with regard to excavating and trenching operations, particularly Part 1926, Subpart P, "Excavation, Trenching, and Shoring" in Sections 1926.650, 1926.651, and 1926.652 of the Code of Federal Regulations, which now exists or may hereafter be amended, are hereby adopted as part of this UDC as if they were quoted verbatim here. CHAPTER 1: GENERAL PROVISIONS Page 4 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1.3 Rules of Interpretation 1.3.1 Generally The following rules of interpretation shall apply to the administration of the UDC: A. Where any conflict in the administration of the UDC between the text of the UDC and any caption, illustration, or graphic presentation exists, the text of the UDC shall control. B. All statements that refer to "section" shall mean sections of this UDC, unless the statement clearly provides a reference to another document. C. More specific provisions of this UDC shall be followed in lieu of more general provisions. D. Where more than one (1) standard on the same subject is applied to the design and development of land, the stricter standard shall apply. E. In interpreting and applying the provisions of this UDC, the provisions shall be the minimum requirements for the promotion of health, safety, aesthetics, and welfare of the public. 1.3.2 Rules of Construction of Language A. Words that are used in the present tense shall include the future tense. B. Words that are used in the singular number shall include the plural number, and words that are used in the plural number shall include the singular number. C. A word denoting the masculine gender shall extend and be applied to female persons; and to firms, partnerships, and corporations as well as to male persons. D. The word "may" is always permissive and never mandatory. The word "shall" is always mandatory. E. The word “day” shall mean a business day. F. The word "month" shall mean thirty (30) days. G. The word “year” shall mean a period of 365 days, or 366 days in a leap year, unless otherwise specified. H. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies, both political and corporate; as well as to individuals. I. The word "includes" shall not limit a term to the specified examples, but it is intended to extend its meaning to other instances or circumstances which are of like kind or character. J. The word “and” indicates that all connected items, conditions, provisions, or events shall apply. K. The word “or” indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. L. Words and phrases, except as specifically defined in this UDC, shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning, or as defined in the Complete Illustrated Book of Development Definitions (2017, Routledge), as amended. Words that are defined by State or Federal law or regulation shall have the meaning ascribed to them by the law or regulation when used in the context of said law or regulation. 1.3.3 Abrogation This UDC is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed CHAPTER 1: GENERAL PROVISIONS Page 5 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy restrictions. However, where this UDC and another ordinance conflict or overlap, whichever ordinance imposes the more stringent standard or restriction shall prevail. 1.4 Zoning Map and Zoning Districts 1.4.1 Official Zoning Map A. The official zoning map shall be adopted by resolution of the Mayor and City Council, which directs the identification of the official zoning map by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map of the City of Stockbridge, Georgia," together with the date of adoption. B. The official zoning map of the City of Stockbridge, Georgia, together with all explanatory notes thereon, is hereby adopted by reference and declared part of this UDC. C. If changes are made to district boundaries or other matter portrayed on the official zoning map in accordance with the procedural requirements set forth in Chapters 7 and 8 of the UDC regarding amendments to the official zoning map, such changes shall be entered on the official zoning map annually after the amendment has been approved by the Mayor and City Council recorded as an entry in the minutes of such City Council meeting as follows: "On , 20 by official action of the Mayor and City Council, the following (change) changes (was) were made to the official zoning map: (brief description of nature of change or changes)." Such map entries shall be signed by the mayor and attested by the City Clerk. D. The official zoning map, which is located in the office of the Director, shall be the final authority as to the current zoning status of any parcel of land in the City. The official Zoning Map shall be kept up-to-date to reflect all property annexations and rezonings, all parcel changes due to recombination and subdivision actions, and all corrections to observed errors. E. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Mayor and City Council may, by ordinance, adopt a new official zoning map, which shall supersede the prior official zoning map. This new official zoning map shall: 1. Be corrected to remedy drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map. 2. Be re-adopted by the Mayor and City Council as needed. 3. Be identified by the signature of the mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on , 20 as part of the UDC." F. Unless the previous official zoning map has been lost, or has been destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment. G. If official zoning records are in conflict with the official zoning map and reveal drafting or other errors, such records shall be used to amend the official zoning map administratively. Further, notification of such errors shall be made to the Mayor and City Council for certification and re-adoption. CHAPTER 1: GENERAL PROVISIONS Page 6 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1.4.2 Overlay Districts The boundaries of the Overlay Districts referenced and identified in Chapter 2, Zoning and Overlay Districts are incorporated and made a part of the official Zoning Map of the City of Stockbridge. 1.4.3 Rules for Boundary Interpretations A. It is the intent of this UDC that the entire area of the City, including all land, water areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this UDC. If uncertainty exists with respect to the location of the boundaries of any zoning district in the City, the following rules shall apply: District boundaries indicated as approximately following the centerlines of streets or highways shall be construed as following the indicated centerlines. B. District boundaries indicated as approximately following street or highway right-of-way lines shall be construed as following the street or highway right-of-way lines. C. District boundaries indicated as approximately following lot or property lines shall be construed to follow such lot or property lines. D. District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or railroads or rights-of-way of same, shall be construed as being parallel thereto and at such distance as indicated on the official zoning map. If no distance or legal description is given, the dimension shall be determined by the use of the scale shown on the official zoning map. E. Where a district boundary line divides a lot that is in single ownership upon the effective date of this UDC, the district requirements for each portion of such lot shall be deemed to apply. F. In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning district boundary paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot. An alley shall not be used as a basis for identifying a through lot. Through lots may also be known as “double frontage lots.” G. Where zoning district boundaries are in doubt, the Director shall make such interpretation using the appropriate scale from the official zoning map. 1.5 Transitional Provisions 1.5.1 Purpose The purpose of this Section shall be to establish the procedures for handling vested rights for application submittals and previous approvals that existed as of the Effective Date of this UDC or any future amendments thereto. 1.5.2 Violations Continue Any violation of previous zoning ordinances shall continue to be a violation under this UDC and be subject to penalties and enforcement under this UDC unless the use, development, or activity complies, in its entirety, with the provisions of this UDC. The prosecution of violations which occurred under previous ordinances shall continue until resolved. CHAPTER 1: GENERAL PROVISIONS Page 7 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1.5.3 Prior Nonconformities and Nonconforming Uses Any use, plan, structure, or property that was nonconforming under prior ordinances shall be considered a nonconformity under this UDC, except as may be otherwise provided under Chapter 7, Nonconforming Standards. The provisions of Chapter 7, Nonconforming Standards shall be applicable to all nonconformities. Any use, plan, structure, or property that was previously nonconforming that becomes conforming because of adoption of this UDC shall no longer be considered a nonconformity, provided that all applicable provisions of this UDC are complied with. 1.5.4 Effect of this Ordinance on Zoning Applications Submitted and Prior Approvals A. Application Submitted. 1. Any application for a zoning map amendment (a rezoning) that was filed with the Community Development Department, which is full, accurate, and complete prior to the effective date of this UDC, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district, or if the proposed zoning district no longer exists in this Code, the Director shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant. 2. Any application which is before the Mayor and City Council or the Planning Commission (i.e., a rezoning, a zoning modification, a special use, a variance, or a land use amendment) that has been filed with the Community Development Department, which is full, accurate, and complete prior to the effective date of the ordinance from which this chapter is derived, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that if such application is no longer required by the terms of this Code, the application will be dismissed. 3. Zoning requests that were denied, but for which the applicant has filed an appeal to Mayor and City Council as of the effective date of the UDC. B. Approved Zoning Applications. Any development or project for which a zoning application has been approved under this provision may proceed to completion of the applicable permitting processes as provided herein, at the applicant’s option. 1.5.5 Effect of this Ordinance on Permit Applications Submitted and Prior Approvals A. Applications Submitted. Any development or building activity for which a valid, accurate, and complete application for a Land Development Permit or Building Permit has been received prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and permits, and other authorizations may be issued as though this Ordinance had not been adopted. B. Approved Permits and other Authorizations. Any development or building activity for which a Land Development Permit or Building Permit has been issued prior to the adoption of this Ordinance may, at the applicant’s option, proceed to completion, and permits may be issued as though the Ordinance had not been adopted. Permits shall be determined issued if all fees have been paid and the appropriate permit documentation has been released to the applicant by the City. C. Effect upon Validity of Applications, Permits, and Other Authorizations. The adoption of this Ordinance shall not be construed to affect the validity of any permit that was lawfully issued prior to the Effective date of this Ordinance, so long as: CHAPTER 1: GENERAL PROVISIONS Page 8 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1. Such permit has not by its own terms expired prior to such Effective Date; 2. Actual building or land development construction has commenced prior to the expiration of such permit; 3. Applications, permits, and other authorizations comply with the process and timing outlined for expirations in Section 9.2, Permits. 4. Actual building or land development construction is carried on pursuant to said permit and is limited to, and in strict accordance with, said permit; and 5. Any future change in the use or development of the property or any structure thereon shall conform with the most recent version of this UDC. D. Effect upon Validity of Subsequent Applications. If any development or building activity requires a series of applications (i.e., Land Development Permit, application for a variance, building permit, etc.), if one application is filed prior to the Effective Date of this UDC, all applications shall be reviewed under the ordinance that is in force and in effect at the time the first application is completed and it shall be approved if it is in compliance with said ordinance, at the applicant’s option. Any subsequent applications that are authorized to be processed under this section shall be identified during the review process of the initial, vested application, or they shall be included in the documentation that is submitted with the vested application (i.e., a development site plan that demonstrates the need or intent of the subsequent application(s)). 1.5.6 Effect of this Ordinance on Subdivision Applications Submitted and Prior Approvals A. Subdivision Applications Submitted. Any subdivision for which a valid and complete subdivision application has been submitted prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and such applications may be reviewed and approved in accordance with the subdivision regulations that are in effect at the time of submission, as though this Ordinance had not been adopted. B. Approved Subdivision Plans. Any subdivision plan that was approved prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion under the terms of the previouslyapproved plan, and in accordance with the subdivision regulations that were in effect at the time of such approval. Approvals shall be deemed valid if all applicable conditions have been met and no expiration has occurred under the provisions that were in effect at the time of approval. Any future resubmittal, amendment or new phase of development shall conform with the most recent version of this UDC. CHAPTER 1: GENERAL PROVISIONS Page 9 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 2: ZONING AND OVERLAY DISTRICTS 2.1 Generally All buildings, land, and structures shall be used in accordance with the comprehensive plan for the City of Stockbridge, and they shall comply with the development standards of the applicable zoning district which is established in this chapter. Such buildings, land, and structures shall be occupied or used only in conformity with each of the standards that are set forth herein for the district in which they are located. 2.2 Official Zoning Map The City of Stockbridge is hereby divided into zoning districts, as is shown on the “City of Stockbridge Official Zoning Map”, together with all explanatory notes thereon. The official zoning map may be amended according to procedures that are established in this UDC. Said map shall be made a public record and shall be kept permanently in the Community Development Department, where the maps or accurate reproductions thereof, will be accessible to the general public, upon request. 2.3 Establishment of Zoning Districts A. The zoning districts which are established in this UDC are comprised of base districts and overlay districts. The base zoning districts refer to "how a property is zoned," while the overlay districts are special areas of the city where additional regulations apply. Many properties in the city have overlay districts in addition to their base zoning districts, whereby properties must comply with the regulations of both districts. If there is any conflict between a property's base zoning district and its overlay district, the overlay district regulations shall rule. B. Current Zoning Districts. The City of Stockbridge is hereby divided into the following zoning districts. They C1are grouped by residential districts, commercial districts, industrial districts, and overlay districts in Table 2.3.B, City of Stockbridge Current Zoning Districts below. Table 2.3.B – City of Stockbridge Current Zoning Neighborhoo d Commercial District Districts. Commented [EM3]: C2 General Commercial District Residential Zoning Districts R1 OI R1, SOingclee FInasmitlyuRoensiadleDnistarlicDtistrict R2 Industrial Zoning Districts R2, Single Family Residential District Light Industrial D strict R3 LI PotenRti3a,lSingle Family Residen al District Distri ct City Heavy CenterIndustrial Residential CCR HI Mixed Use Zoning Districts District w nFtaomwilny D MFRDT MulDpole Riesstiridcetn District dm UeseRSeusibduernbaanl District MobM ileixHeo MHRMUS Mixed Use MU District PUD Planned Unit Development District Overlay Districts PMU Parkway Mixed Use Overlay District DTV Downtown Village Overlay District Commented [EM1]: It will not be split once uploaded to municode Commented [EM2]: Potential change to Urban Residential C. Required Dimensional Standards. The following Lot and Building Regulations are applicable in all districts. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 10 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy These regulations offer certainty for property owners, developers and neighbors about the limits of what is allowed; they are not to be construed as a guarantee that stated minimums and maximums can be achieved on every lot. Other factors, such as topography, the presence of protected resources, off-street parking, and other factors may work to further limit actual building and development potential. 1. Figures 2.3.C.1 through 2.3.C.6 below illustrate sample dimensional and lot coverage standards, as they relate to Table 2.3.C, Required Dimensional Standards, which provides the minimum required lot dimensional standards for each zoning district. Figure 2.3.C.1 - Dimensional Standards CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 11 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 2.3.C.2 - Lot Coverage Standards Figure 2.3.C.3 - Building Height Mansard Roof Figure 2.3.C.4 - Building Height Gable Roof CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 12 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 2.3.C.5 - Building Height Hip Roof Figure 2.3.C.6 - Building Height Flat Roof Table 2.3.C – Required Dimensional Standards Residential Districts Standard RR NR SR Water & 1 acre Sewer System Minimum Water Lot Size & 1 acre 20,000 sf 12,000 sf (in acres Septic or square Tanks feet) Private Wells & 1.25 Septic acres Tanks Minimum Lot Width 150 100 75 (in feet) Minimum lot 150 100 75 frontage (in feet) Lot Coverage (as a percent of total 30% 30% 30% area) Minimum Street 75 50 50 Setback (in feet) Side Setback (in 20 15 10 feet) Rear Setback (in 40 40 40 feet) Minimum Distance Between Buildings N/A N/A N/A (in feet) CHAPTER 2: ZONING AND OVERLAY DISTRICTS CCR MFR5 6,000 sf 2 acres4 50 100 35 100 50% 50% 25 30 10 15 20 20 N/A 20 Page 13 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Minimum Open Space (as a percent of total area)7 Minimum Residential Floor Area (heated square footage) Maximum Building Height – Principal (in feet) N/A N/A N/A N/A 15% 1,500 1,300 1,050 850 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) 35 35 35 40 45 Maximum Building Height – Accessory 15 15 15 15 (in feet) Commercial, Office, and Institutional Zoning Districts Standard OI C1 Minimum Lot Size (in acres or square 20,000 sf 10,000 sf feet) Water & 100 60 Sewer Minimum System Lot Width Water (in feet) & 125 60 Septic Tanks Water & 100 60 Minimum Sewer lot System Water & 125 60 Septic Tanks Lot Coverage (as a percent of total 70% 70% area) Minimum Street 50 50 Setback (in feet) Side Setback (in 15 10 feet) Rear Setback (in 20 20 feet) Minimum Distance Between Buildings 20 20 (in feet) Minimum Open Space (as a percent N/A N/A of total area)7 Maximum Building Height – Principal (in 45 35 feet) Maximum Building Height – Accessory (in feet) 15 CHAPTER 2: ZONING AND OVERLAY DISTRICTS 15 15 C2 10,000 sf 100 100 100 100 70% 50 10 20 20 N/A 35 15 Page 14 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Standard Minimum Lot Size (in acres or square feet)1 Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Rear Setback (in feet) Minimum Distance Between Buildings (in feet) Minimum Open Space (as a percent of total area)7 Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Standard Minimum Lot Size (in acres or square feet) Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Side Setback – with windows and door (in feet) Rear Setback (in feet) Minimum Open Space (as a percent of total area) Industrial Zoning Districts LI HI 30,000 SF 1 acre 100 100 150 150 50% 50% 70 70 10 20 10 40 20 20 N/A N/A 75 75 60 60 Mixed-Use Zoning Districts DT MUS MU N/A 3 acres4 2 acres4 N/A 100 100 N/A 100 100 90% 90% 90% 20 30 20 0 15 15 10 N/A N/A 10 20 20 N/A 20% 10% CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 15 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Cinoim M mummented Maximum Building Height – Principal (in Maximum Building Height – Accessory (in 600 - studio 600 - studio 600 (studio) 800 – 1 bedroom 800 – 1 bedroom 800 (1 bedroom) 1,000 - 2 bedroom 1,000 - 2 bedroom 1,000 (2 bedroom) 1,100 - 3 bedroom 1,100 - 3 bedroom 1,100 (3 45 45 45 15 15 15 Legacy Zoning Districts Standard MHR6 C3 Minimum Lot Size (in acres 4 15 acres 10,000 sf or Minimum Water & Sewer 5,000 sf N/A System Lot Size – Per mobile Water & 18,000 sf N/A home lot Septic (in acres or Tanks Minimum Lot Width (in 125 100 Minimum lot frontage (in 125 100 Lot Coverage (as a percent 40% 70% of Minimum Street Setback (in 60 70 feet) Side Setback (in feet) 15 10 Rear Setback (in feet) 40 30 Minimum Distance Between 20 20 Buildings (in feet) Minimum Open Space (as a 20% N/A percent of total area) Minimum Residential 720 N/A Floor Maximum Building Height – 35 45 Principal (in feet) Maximum Building Height – 15 15 Accessory (in feet) 1. Where a use standard conflicts with the lot standard, the use standard shall govern. 2. Setbacks and Lot Coverage may differ from the chart based on alternative [EM4]: Review min CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 16 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy an easement, the front setback shall be 3. Linda is measured from the edge of the access easement in the same manner as a property line that fronts a public street. 4. The project area for developments within the MHR, MFR, MUS, and MU districts shall meet the minimum lot size, lot width, and lot frontage. 2.4 District Conversions A. During the preparation of this new UDC, some zoning districts were retained; some districts were converted to new districts or combined with other districts; some districts were removed; and new districts were added. B. Table 2.4, City of Stockbridge Zoning District Conversion Chart provides the district conversions. C. On and after the Effective Date, all provisions of this UDC which are applicable to a zoning district shall govern properties that were previously classified in the corresponding zoning district. All references in any prior approvals or documents to the former district shall be construed to refer to the new zoning district name and designation. This renaming does not change any previously approved boundaries, conditions, or entitlements. Table 2.4 – City of Stockbridge Zoning District Conversion Chart Zoning District Designation Under this Previous Zoning District Designation Unified Development Code Residential Zoning Districts RR, Rural Residential R1, Single Family Residential District R2, Single Family Residential District SR, Suburban Residential R3, Single Family Residential District CCR, City Center Residential District CCR, City Center Residential District MFR, Multiple Family Residential MFR, Multiple Family Residential District RETIRE MHR, Mobile Home Residential D Commercial, Office, and Institutional Zoning Districts OI, Office-Institutional OI, Office-Institutional District C1, Neighborhood Commercial C1, Neighborhood Commercial District C2, General Commercial C2, General Commercial District C3, Heavy Commercial RETIRED Industrial Zoning Districts ghI,tHInedau t istrict LI, L i g h t I n d u s t r i a l LI, LiH vystIrniadluDstisrtiarilcD H I, H e a vy I n d ustrial Mixed-Use Districts DT, Downtown DT, Downtown District PUD, Planned Unit Development PUD, Planned Unit Development MU, Mixed Use District CHAPTER 2: ZONING AND OVERLAY DISTRICTS Commented [EM6]: [What is the Page 17 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2.5 Zoning Districts The following sections present those minimum dimensional standards that must be met in R1—Single Family Residential District the respective zoning districts, established in this UDC. 2.5.1 R1—Single Family Residential District A. District Intent. The intent of the R1 District is to preserve the larger-lot agricultural and residential character of land which presently serves as a transitional buffer between existing rural land and future urban development. This district supports homes on expansive lots in subdivision developments. B. Dimensional Standards. Table 2.5.1, R1 District Dimensional Standards states the minimum standards for the R1 zoning district. Table 2.5.1 – R1 District Dimensional Standards LOT DIMENSIONS Min. lot size (public water/sewer and/or 1 acre septic) Min. lot size (private well and septic) 1.25 acres Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 75 Side 20 Rear 40 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 30% Min. residential floor area (heated sq. ft) 1,500 Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures R2—Single Family Residential District 2.5.2 R2—Single Family Residential District A. District Intent. The intent of the R2 District is to provide for traditional single-family neighborhoods at low to moderate densities. B. Dimensional Standards. Table 2.5.2, R2 District Dimensional Standards states the minimum standards for the R2 zoning district. Table 2.5.2 – R2 District Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 40 OTHER REQUIREMENTS CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 18 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Min. open space Max. lot coverage Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 15% 30% 1,300 35 15 R3—Single Family Residential District 2.5.3 R3—Singly Family Residential District. A. District Intent. The intent of the R3District is to provide compact residential housing types on moderate lots while maintaining the suburban character of existing neighborhoods. This district supports walkable block patterns. B. Dimensional Standards. Table 2.5.3, R3 District Dimensional Standards states the minimum standards for the R3 zoning district. Table 2.5.3 – R3 Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement Side Rear OTHER REQUIREMENTS Min. open space Max. lot coverage Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 12,000 75 75 50 10 40 15% 30% 1,050 35 15 Table 2.5.4 – City Center Residential District (CCR) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 6,000 Min. lot width (ft) 50 Min. lot frontage (ft) 35 SETBACKS (Ft) Street/Easement 25 Side 10 Rear 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Min. residential floor area (heated sq. ft) 850 Max. building height (ft) for principal 40 structures Max. building height (ft) for accessory 15 structures CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 19 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy MFR—Multiple Family Residential District 2.5.5 MFR—Multiple Family Residential District A. District Intent. The intent of the Multiple Family Residential (MFR) District is to allow the development of multiple family residences served by public water and sewer systems, located along collector streets or higher-classification roadways. This district supports urban scale residential development at an average density of fourteen (14) dwelling units per acre. The city should promote an average density of fourteen (14) dwelling units per acre or higher. B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use path shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. C. District Standards, Multi-Family. Table 2.5.5.C, Multi-Family Standards states the minimum standards for apartment or condo developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Multi-Family Standards LOT DIMENSIONS Min. lot area for development Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement Side Rear Distance Between Buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Max. unit width (townhomes) Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 2 acres 100 100 30 15 20 20 50% 15% 24 ft. 650 (studio) 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom) 45 15 D. Table 2.5.5.C, Townhome Standards states the minimum standards for townhome developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Townhome Standards LOT DIMENSIONS Min. lot area for development Min. lot width (ft) CHAPTER 2: ZONING AND OVERLAY DISTRICTS 2 acres 100 Page 20 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Min. lot frontage (ft) Min. unit width (ft) Max. net density (townhomes) Max. number of lots Max. units per building SETBACKS (Ft) Street/Easement Side Rear Distance Between Buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Max. unit width (townhomes) Min. residential floor area (heated sq. ft) Townhome min. residential floor area (heated sq. ft.) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures Private Streets Curb and Gutter Paved Driveways Sidewalks Streetlights Underground Utilities Public Sewer Public Water Residential Parking Garage Electric Vehicle (EV) Parking Alleys Porches Concurrent Construction Requirement Architectural Requirements Multi-Use Paths 100 24 9 townhome dwelling units per acre, unless otherwise permitted as part of an approved mixed-use development or Planned Unit Development. As specified in the approved development plan. 6 dwelling units 30 10 20 20 50% 15% 24 ft. 1,000 (1 bedroom) 1,300 (2 bedroom) 1,400 (3 bedroom) An additional 200 square feet for each additional bedroom 1,800 45 15 Permitted. Required, except along approved alleys. Required. Required. Required in accordance with City standards. Required. Required. Required. Each townhome dwelling unit shall be provided with a minimum two (2) car garage. One (1) EV-capable parking space shall be provided for every ten (10) parking spaces, not to exceed thirty (30) spaces. Permitted, but not required. Permitted, but not required. As specified in the approved development plan. Shall comply with the Townhome Development Standards and Architectural Design Guidelines contained herein. A 10 foot multi-use path shall be provided along the frontage of the development, with 8 foot interior multi-use paths or trails provided where required by the approved development plan. DT—Downtown District 2.5.6 DT—Downtown District A. District Intent. The intent of the Downtown (DT) District is to maintain, enhance, and expand the development patterns and mixed use and open space character of Downtown Mainstreet. The district also CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 21 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy supports compatible infill and redevelopment opportunities. Development standards within the district are intended to continue historic development patterns and promote a predominant land use activity for retail, dining, entertainment, cultural resources, community events/festivals, and compatible residential options, while still allowing flexibility for other uses to locate in the district. B. District Standards. Table 2.5.6, Downtown District Dimensional Standards states the minimum standards for the DT zoning district. Table 2.5.6 – Downtown District (DT) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) N/A Min. lot width (ft) N/A Min. lot frontage (ft) N/A SETBACKS (Ft) Street/Easement 0 Side 0 Side (with windows and doors) 10 Rear 10 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 90% Min. residential floor area (heated sq. ft) 600 (studio) OI—Office Institutional District 2.5.7 OI—Office Institutional District 800 (1 bedroom) A. District Intent. The intent of the a l) (OI) district is to 1c ,e00In 0 s( 2 bt ue d r oo onm provide locations for the developme1n,1t 0o0f (3o becderoso, mb)anks, and personal Mbaux.sbinueildssingsehrevigichet fhoircphrinc cain p asl erve as45a transitional uses between st r u ct u r e s r e s i d e n tial and commercial areas. This district supports low-impact Ma x. bu ilding heig ht ( ) fo r accessory 15 e m ploym ent uses that com plement s urrounding neighborhoods. structures B. District Standards. Table 2.5.7, Office Institutional District Dimensional TaSbtalen2d.5a.r7d–s Osta if cteeIsnsth it teutm i on Diustm ricst t(aOnI)dDairmdesnsfioornath l SetaO nda rdnsing district. inailm I zo LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) with public water/sewer 100 Min. lot width (ft) with public water and 125 septic Min. lot frontage (ft) with sewer 100 Min. lot frontage (ft) with septic 125 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures C1 – Neighborhood Commercial District. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 22 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2.5.8 C1—Neighborhood Commercial District A. District Intent. The intent of the Neighborhood Commercial (C1) District is to provide locations for limited retail and service uses to satisfy the common and frequent needs of nearby neighborhoods. This district supports cohesive neighborhood commercial centers with unified architecture and scale, to be accessed on minor arterial roadways. B. District Standards. Table 2.5.8, Neighborhood Commercial District Dimensional Standards states the minimum standards for the C1 zoning district. Table 2.5.8 – Neighborhood Commercial District (C1) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 60 Min. lot frontage (ft) 60 SETBACKS (Ft) Street/Easement 50 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures C2—General Commercial District 2.5.9 C2—General Commercial District A. District Intent. The intent of the General Commercial (C2) District is to provide locations for a wide variety of retail, service, and wholesale establishments to satisfy the common and frequent needs of residents across the county and of the traveling public. It is the intent of this district to encourage businesses to be part of planned commercial centers, neighborhood or community shopping centers, and/or developed sections along minor arterials or high-classification roadways. B. District Standards. Table 2.5.9, General Commercial District Dimensional Standards states the minimum standards for the C2 zoning district. Table 2.5.9 – General Commercial District (C2) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement Side Rear Min. distance between buildings OTHER REQUIREMENTS Min. open space Max. lot coverage CHAPTER 2: ZONING AND OVERLAY DISTRICTS 50 10 20 20 15% 70% Page 23 LI—Light Industrial District 2.5.10 LI—Light Industrial District City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy A. District Intent. The intent of the Light Industrial (LI) District is to provide gihldtining dheuisgthrtia(lft )ufsoersp,rianlclipoafl which 3s5hall be nuisance-free and not Mfaoxr.lbiu stgruecntuerreastors of hazardous wastes. Th is district supports light industrial M ax . building height (ft) for accessory use s located on either arterial or m a1j5or collector roadways, or within structures industrial parks having access to such thoroughfares. Tabletr2i.c5t.1S0ta – nLidgahrtdInsd. uTsatrbiale l D2is.t5r.ic1t0(,LIL)iD gihmteInnsdiounsatlrSiatalnDdiasrtdrsict B . L ODis T D IM E N S IO N S Dimensional St a n da r d s s ta tes the minimum standards for the LI zoning district. Min. lot size (sq. ft.) Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement Side Rear Min. distance between buildings OTHER REQUIREMENTS Min. open space Max. lot coverage Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 30,000 100 100 70 10 20 20 15% 50% 75 60 HI—Heavy Industrial District 2.5.11 HI—Heavy Industrial District A. District Intent. The intent of the Heavy Industrial (HI) District is to provide for the broadest range of industrial activities, including uses that involve occasional nuisance factors. These uses are to be located on either an arterial or major collector roadway, or within industrial parks having access to such thoroughfares. B. District Standards. Table 2.5.11, Heavy Industrial District Dimensional Standards states the minimum standards for the HI zoning district. Table 2.5.11 – Heavy Industrial District (HI) Dimensional Standards LOT DIMENSIONS Min. lot size 1 acre Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 40 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Max. building height (ft) for principal 75 structures Max. building height (ft) for accessory 60 structures MU—Mixed Use District 2.5.12 MU—Mixed Use District CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 24 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy A. District Intent. The intent of the Mixed Use (MU) District is to provide for mixed-use development within strategic growth areas The district is intended to create compact, walkable, and interconnected mixeduse environments that support employment, commercial activity, housing diversity, entertainment, and regional economic development. The district supports a compatible blend of residential, commercial, office, civic, and limited service uses in a suburban context while promoting improved site design, multimodal connectivity, and reinvestment B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. 7. Properties that are adjoining are required to have curb cuts to adjacent properties to create a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. C. District Standards. Table 2.5.12, Mixed Use District Standards states the minimum standards for the MU zoning district. D. The project area for developments within the MU zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.12 – Mixed Use District (MU) Standards LOT DIMENSIONS Min. lot size for development 3 acre s Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 30 Side 15 Rear 20 OTHER REQUIREMENTS Max. lot coverage 80% Min. open space 20% 650 (studio) Min. residential floor area (heated 800 (1 bedroom) sq. ft) 950 (2 bedroom) 1,150 (3 bedroom) 1,000 (1 bedroom) Townhome min. residential floor 1,300 (2 bedroom) area (heated sq. ft.) 1,400 (3 bedroom) An additional 200 square feet for each additional bedroom Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 25 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2.6 Legacy Zoning Districts A. Legacy Zoning Districts represent those zoning districts that have been r etired. The purpose of Legacy Zoning Districts is to retire outdated zoning districts as part of the adoption o f Ct hoi smUm D Ce,nt toesdi m[ Ep lM i f y9a] n: dPotentially modernize the City’s zoning framework, and provide for the continued regulatiinocnluodf eexniostitengasptroopwehr ytietshese within these districts until such properties are rezoned to a zoning district established by this UDC. B. No application to rezone property to this district will be heard from the effective date of this UDC. C. All areas currently zoned under one of the following zoning districts shall abide by the regulations provided therein. MHR – Mobile Home Residential District. 2.6.1 MHR – Mobile Home Residential District A. District Intent. The intent of the Mobile home Residential District is to accommodate mobile home developments as attractive and attainable housing options. Mobile home parks shall be designed in accordance with O.C.G.A §§ 8-2-160 through 168, the State Board of Health requirements, and the requirements of this Code. B. District Standards. Table 2.6.1, Mobile Home Residential District Standards states the minimum standards for the MHR zoning district. C. The project area for developments within the MHR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.6.1 – Mobile Home Residential District (MHR) Standards LOT DIMENSIONS Min. lot size for development 15 acres Min. lot size per mobile home lot with 5,000 public water and sewer (sq. ft.) Min. lot size per mobile home lot with 18,000 public water and septic (sq. ft.) Min. lot width (ft) 125 Min. lot frontage (ft) 125 SETBACKS (Ft) Front 60 Side 15 Rear 40 Min. distance between buildings 20 OTHER REQUIREMENTS Max. lot coverage 40% Min. open space 20% Min. residential floor area (heated sq. ft) 720 Min. number of units per development 50 Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 35 15 C3 – Heavy Commercial District 2.6.2 C3—Heavy Commercial District A. District Intent. The intent of the C-3 District is to provide distinct areas for commercial activities which CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 26 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy provide products and services that require locations along major arterial roads, highway intersections, and freeway interchange areas, due to their generation of heavy traffic or their need to transport and display heavy bulk materials, and which provide services that would not be appropriately located in areas providing neighborhood or other commercial retail and service activities. Uses in this district shall be located on roads having a minimum classification of major arterial. B. District Standards. Table 2.6.2, Heavy Commercial District Dimensional Standards states the minimum standards for the C3 zoning district. Table 2.6.2 – Heavy Commercial District (C3) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 30 Min. distance between buildings 20 OTHER REQUIREMENTS Max. lot coverage 70% Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures Commented [EM10]: Potentially rename to PUD section title – this 2.7 Special Purpose District current title “Special Purpose District” allows for future special 2.7.1 PUD—Planned Unit Development District purpose districts, beyond just A. District Intent. The intent of the Planned Unit Development (PUD) District is to: 1. Allow the development of balanced neighborhoods containing physical, economic, and social assets which are difficult to achieve through the traditional separation of use and density zones; 2. Provide an appropriate district for mixed-use developments to obtain developments resulting in harmonious groupings of uses, structures, and shared facilities; 3. Allow flexibility in design for environmentally challenged properties, thereby supporting preservation of a property’s natural characteristics; and 4. Encourage innovations in quality residential and commercial development and renewal to better support the efficient use of land and meet local market needs. B. Establishment of a PUD District. 1. A PUD may be requested on any property or properties within the City that meet the minimum standards herein, and in accordance with the rezoning procedures of Chapter 10, Public Hearing Application, Review Procedures, to establish the boundaries and regulations of the PUD. 2. No PUD district may be established without the concurrent approval of Overall Development Standards (ODS) and an Overall Development Plan (ODP) by Mayor and City Council. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 27 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2.7.2 PUD—Minimum Standards A. PUDs shall demonstrate consistency with the Comprehensive Plan and the approved Overall Development Plan (ODP). B. A phasing plan shall be required for projects expected to take more than five (5) years to complete. Any variation to the phasing plan in timing or sequencing of uses shall be considered a Major Modification. C. Previously developed portions of a site may not be counted toward meeting an imeunmteod pe[nEsM pa1c1e]:, Do we Cyomminm design, or benefit/amenity requirements. want to require a mixed-use D. Proposed PUDs shall provide at least two (2) required characteristics from S e c ite loenm2e. 7n. t3?, PUD Required Characteristics. C o m m e n t e d [ E M 1 1 R 2 ] : LL’s E. Any development standards not expressly defined by the ODP shall be regulate d b y t h e U D C a n d o t h e r further comment: What if a applicable ordinances. Where the ODP conflicts with a base UDC standard, t h e a p p r v O D P sh a ll go v e rn . p r o p o s e d d e v e l o p m e n t h as only F. Unless otherwise approved as part of the ODP, the following minimum standarodnseapopflyt:he listed characteristics? 1. Streets shall be a minimum of 26 feet, curb to curb, in accordance with CWh ahpi ct he r d1i 6s t, rI incftr assht oruucltdu ri te be located i n ? I t s e e m s t h a t t h i s P U D district Improvements. All other access management provisions of Chapter 4, D e v e l o p m e n t S t a n d a r d s h a l l is being used for too many be met. 2.7.2 PUD—Required Characteristics Commented [DS11R3]: This section r e q u i r e s at le a st 2 o f t h e A. At a minimum, each PUD shall provide a combination of at least two (2) of t h e f o l l o w i n g ch a ra ct er istic s that support the innovative nature of the request. Fulfillment of each requiredcchhaarraacctteerriisstiticcsslhisatlel d be. Tahteth2euses c o u ld b e s im p ly r e s i d discretion of the Community Development Director and shall remain in place f o r t h e li f e o f t h e p r o j eectn oti ral (cluster and tiny home) or it could be a as necessary to carry out the intent: 1. New or unique concept or land use. A project shall describe the extent that it is a new concept or land use, meaning there are no other developments within 2,000 feet like the proposed development and the project will demonstrate how the business/development concept will be successful in the City of Stockbridge. 2. Cluster Development. A project designed utilizing a clustered development pattern intended to preserve open space, reduce infrastructure impacts, and encourage coordinated site design. To qualify under this characteristic, the project shall demonstrate how dwelling units or structures are grouped in a manner that preserves meaningful common open space or environmental features while maintaining overall development quality and compatibility. At a minimum, cluster developments shall include the following features: a. Buildings or dwelling units shall be arranged to preserve usable open space, natural features, or environmentally sensitive areas; b. A minimum of twenty percent (20%) of the gross site area shall be preserved as common open space, conservation area, or usable community space, excluding required perimeter buffers and stormwater detention facilities unless designed as an integrated amenity; c. Common open spaces shall be connected through pedestrian pathways, trails, sidewalks, or other internal circulation systems; d. The development shall utilize shared access points, reduced roadway lengths, shared driveways, or other design techniques intended to minimize impervious surface coverage CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 28 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy and infrastructure demands where permitted by applicable engineering and public safety CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 29 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy standards; e. Open space areas shall include at least one community-oriented amenity, such as a pavilion, community garden, playground, seating area, walking trail, dog park, or similar feature approved by the Community Development Director; and f. The project shall demonstrate compatibility with surrounding development patterns through coordinated architecture, landscaping, buffering, or transitional design elements. 3. Tiny Home Development. A project designed as a unified tiny home or cottage-style residential development that promotes innovative housing opportunities, efficient land utilization, and community-oriented site design. To qualify under this characteristic, the project shall demonstrate how the development incorporates high-quality design standards and shared amenities that support long-term residential livability and compatibility. At a minimum, tiny home developments shall include the following features: a. Tiny homes shall be developed as part of a unified master-planned development and shall not consist of scattered individual lots lacking coordinated site design; b. The development shall include shared common open space or community gathering areas designed to encourage resident interaction and neighborhood cohesion; c. Tiny homes shall maintain consistent architectural character, building materials, roof forms, and design elements throughout the development; d. Parking areas, refuse collection areas, utility connections, and mechanical equipment shall be screened from public streets and adjacent properties; e. The development shall include pedestrian connections between dwelling units, parking areas, open spaces, and shared amenities; f. Tiny home developments shall provide a minimum of 30% of the gross site area as usable common open space or community amenity areas; and g. The project shall demonstrate how the development supports attainable or workforce housing opportunities, innovative residential design, or diversification of the City’s housing stock. 4. Adaptive Reuse Project. The project shall preserve a substantial portion of an existing structure of relative significance or architectural interest. 5. Senior Housing. A project designed to support aging in place, accessibility, and independent living for older adults through thoughtful building design, site planning, and amenities. To qualify under this characteristic, the project shall demonstrate how it incorporates age-friendly design features and services that enhance safety, mobility, and long-term usability. At a minimum, senior housing projects shall include the following features, as applicable to the proposed housing type: a. A no-step entrance leading from the driveway to an entrance with a minimum 32-inch clear opening. b. One accessible bathroom on the same level as the no-step entrance. c. At least one shower in the home with reinforced beams to allow for the installation of grab rails if necessary at a later date. d. Exterior doorways at least 36 inches wide and interior doors with a minimum 32-inch clear CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 30 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy opening. e. Corridors and passageways 42 inches wide on the same level as the no-step entrance. f. Electrical wall outlets placed no more than 15 inches above finished flooring. g. Wall switches controlling light fixtures and fans placed 48 inches (maximum) above finished flooring. h. In addition to the above unit-level features, projects are encouraged to incorporate senior- supportive site or community elements, such as accessible pedestrian circulation, seating areas, lighting designed for safety, proximity to services, or shared amenities that promote social interaction and independence, as approved by the Community Development Director. 2.7.3 PUD—Overall Development Standards and Plans Required A. Development of the PUD shall be governed by the Overall Development Standards (ODS), part of the Overall Development Plan (ODP). B. Overall Development Standards (ODS). The ODS shall designate the standards of zoning and development for the property. These standards replace the standards in the UDC and should include, at a minimum, the following: 1. Permitted and prohibited uses; 2. Maximum density; 3. Maximum impervious surface; 4. Minimum open space; 5. Minimum and maximum building heights; 6. Minimum lot size; 7. Required setbacks; 8. Parking requirements; and 9. Building massing. C. Overall Development Plan (ODP). The ODP will include a series of plans and design-related documents regulating the development of the property. At a minimum, the ODP shall include the following: 1. Overall Master Plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, entrances, densities, parking ratios, open space, height, sidewalks, setbacks, under and over-head utilities, internal circulation and parking, landscaping, preliminary grading, lighting, drainage, amenities, and similar details and their respective measurements. 2. Phasing Plan. Should a PUD be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the time frame for construction and development of different aspects of the PUD. 3. Regulating Plan. A regulating plan shall be provided with street types and open space for all property within the PUD boundary. The regulating plan shall be keyed to a set of standards developed based on location. This plan should consider how all modes of transportation will be accommodated, including pedestrians, bicycles, cars, transit, rideshare, etc. Detailed right-of-way cross sections shall CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 31 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy also be included in this plan or as an attachment to this plan. 4. Streetscape and Hardscape Manual. A streetscape and hardscape manual shall be created that includes specifications for the following: sidewalk clear zones, landscape zones, supplemental zones including details regarding lighting fixtures, on-street parking, street furniture, landscape materials and other amenities. A streetscape map shall accompany this manual that identifies appropriate streetscape and hardscape designs for all streets, plazas, open space, locations for public art, etc., within the plan. 5. Architectural Pattern Book. An Architectural Pattern Book demonstrating approved building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as signs, mechanical systems, fencing, etc. The pattern book shall include renderings of proposed buildings. 6. To the extent that an approved ODS and ODP for a PUD contradict the UDO, the approved ODS and ODP for the PUD district governs. All other chapters govern, unless specific alternatives are proposed and written into the ODS as part of the amendment application. 7. Applications shall include any additional information deemed necessary by the Community Development Director to determine compliance with Ordinance standards. D. Analysis of Existing Conditions. An analysis of existing site conditions, including a boundary survey and topographic map of the site that shall include information on all existing manmade and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement, and location of any existing buildings or structures on the lot shall be included. The analysis should include all buffers and other applicable standards of federal and state law related to maintenance and protection of wetlands and the banks of navigable waters of the federal and state governments. E. Overall Plan or Standards Modifications. Commented [EM12]: Consider renaming to “site plan amendment” u t eh ot yr ipt ye, oinf t“haemendment” (LL) 1. Minor Modifications. The Community Development Director shall have ot hr es oa m administration of the PUD, to approve minor modifications of the Overall Development Plan or Overall Development Standards without a public hearing in a manner that is consistent with the purpose or intent of the overall development. Minor modifications are those changes which implement only slight alterations to the approved site design layout; which are made necessary by actual field conditions at the time of development; or which do not alter the impact of the development on nearby properties, nor the intent or integrity of the conditions as they were originally imposed. a. Any request for a minor modification of the ODP or ODS shall be made in written form to the Director. Furthermore, the request for a minor modification shall be accompanied by copies of the revised ODP and ODS. 2. Major Modifications. Any major modification to the site plan, or to conditions that were attached to an approved Overall Development Plan or Overall Development Standards, shall require an application and public hearing before the Planning Commission and the City Council, in accordance with the rezoning procedures of Chapter 10, Public Hearing Application, Review Procedures. Without limiting the meaning of the phrase, the following are examples of what constitutes a "major modification" for purposes of interpreting this section: a. The movement of any building or structure adjacent to an exterior boundary line, closer to CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 32 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy the boundary line of the property; if this causes an encroachment upon the required yard setbacks; b. Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building; c. Any change in any buffer requirement(s) that were imposed in the original zoning amendment; d. Any increase in the height of any building or structure; or e. Any change in the proportion of floor space that is devoted to different authorized uses. 2.8 Overlay Districts 2.8.1 Generally A. These overlay districts are superimposed on portions of one (1) or more underlying zoning districts that allow application of additional standards to accomplish a special purpose, for promoting the aesthetics of the City for the general public and the existing residents. B. Relationship to Underlying Zoning District Standards and Other Provisions of UDC. In any case where the standards and requirements of the overlay district conflict with those of the base-zoning district or with other provisions of the UDC, the standards and requirements of the overlay district shall govern. C. Applicability. Overlay districts are supplemental to the underlying zoning district classifications established in the UDC governing all properties and approvals within this overlay district. The provisions of this Section shall be overlaid upon and shall be imposed in addition to said underlying zoning regulations and other City ordinances. The Director is authorized to promulgate and enforce such rules, regulations, guidelines, and standards as may be reasonably necessary or desirable to give effect to the provisions of this section. D. Exceptions. The provisions of this Section shall not apply to the following development or activities, unless expressly stated herein: 1. Any application submittals and previous approvals in accordance with Section 1.5, Transitional Provisions; 2. Improvements and additions that are made to a single-family residence that was previously permitted and built on a lot of record prior to enactment of the ordinance from which this section is derived. 3. Construction of a single-family dwelling on an existing lot of record within a single-family residential subdivision with a final plat that was approved prior to the enactment of the ordinance from which this section is derived. The new construction shall be of a similar floor area, materials, architectural character, and design as the single-family dwellings on adjacent lots within the same subdivision. a. Nonconforming standards in accordance with Chapter 7, Nonconforming Standards. 2.8.2 PMU—Parkway Mixed Use Overlay District A. Purpose. The purpose of the Parkway Mixed Use Overlay (PMU) District is: Commented [EM13]: Discuss removal of the density maximums previously included in the PMU overlay (45 1. To promote the general health, safety, and welfare of the community w dh u e r/eacr rees ,ideetnc.t )s (aGnLd) visitors 2. can live, work, eat, and play. Commented [DS13R2]: Removed density maximum and density To promote economic development by diversifying the employment base for a stronger City. 3. To improve public health and provide safe and efficient movement within the overlay district by CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 33 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy promoting development patterns that encourage physical activity such as walking and bicycling. 4. To encourage a balanced mix of retail, professional, residential, civic, entertainment, and cultural uses. 5. To improve the efficient operation of traffic around the City. 6. To provide accessible and sufficient parking in an unobtrusive manner. 7. To create an attractive gateway that is aesthetically appealing and environmentally responsible. 8. To encourage innovative development projects that set standards for landscaping, open space, community design, and public amenities. 9. To establish consistent and harmonious design standards for public improvements and private property development within the overlay district so as to unify the distinctive visual quality of the City. B. Applicability. These regulations of the PMU Overlay District pertain to all proC po erm tiem sw e nh itceh dh a[ vDe Sf r1o4n]t :a gGeo r d a n on one (1) or more streets, as identified and designated on the City’s Overlay Distri “Thetc Map. existing PMU regulations C. Permitted Uses. Developments may contain a single use or a combination of uses arranged vertically expressly provide that the PMU perDistrict mitted w ithint he within the same building or horizontally across multiple buildings and sites. Any use Overlay takes precedence tted i the P MU Ov rlay underlying zoning district, including the MU and MUS districts, shall be permi overnbase zoningedistricts and othero overlaylisted districts. District, subject to the standards of this Ordinance. Such uses or combination there f, where as This provision has been removed. “Select Uses” shall be subject to the additional standards of this PMU Overlay District. Please clarify which standards D. Select Uses. The following uses shall be permitted within the PMU Overlay D istrict only in accordance with the requirements of Section 2.8.2.D.2, Additional Requirements for Select Uses.govern where the PMU overlaps with another overlay district, 1. List of Select Uses. particularly where the applicable overlay standards conflict. a. Fueling stations; b. Automotive service/repair/maintenance centers, minor; The existing applicability provisions c. Car washes; require high-rise and mixed-use d. Convenience stores. buildings within the PMU to windows; or Restaurants with drive-through (a.k.a. "drive-thru") facilities or comply with the additional e. f. Other proposed select uses, to be determined acceptable by th estandards Director. previously associated 2. with the High-Rise Mixed-Use Overlay District. This language has a. A select use must be located on a property which has fronta ge on eremoved. Please confirm been ither a collector or an theseor the standards have Transportation Henry arterial road, as is classified by the Georgia Department of whether been incorporated elsewhere in County Department of Transportation. Additional Requirements for Select Uses. b. Any existing nonconforming structures may not be enlarged or the proposed UDC or expanded. whether their removal is intentional.” c. Building facades for both primary and accessory structures must be constructed of brick, Commented [DS14R2]: There is no overlap of overlay districts Fueling stations shall provide an equal number of electric charging stations as fuel pumps on on your zoning map and 2.8.1 the site, and covered canopies must be provided over all fuel pumps and electric charging stations. e. Select uses shall provide an acceptable means of access and internal site circulation, to be determined acceptable by the Fire Marshal. E. Prohibited Uses. The following uses shall be prohibited within the PMU Overlay District: d. stone, or other approved masonry by the Director on all sides. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 34 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1. Adult entertainment establishments. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 35 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Ambulance service. 3. Automobile broker (no vehicle storage), except for stand-alone office uses. 4. Automobile rental and leasing facilities. 5. Automotive service repair and maintenance facilities, major. 6. Building and lumber supply establishments. 7. Day care centers. 8. Funeral home, mortuaries, and crematoriums. 9. Greenhouses and nurseries, including landscape service. 10. Pawnshop, loan brokers, check cashing, and other than mortgage loan brokers. 11. Retail warehouses/wholesalers providing sales of merchandise (with or without outdoor storage). 12. Rooming and boarding houses. 13. Self-service storage, mini-warehouses, or warehousing and storage. 14. Personal care homes. 15. Tattoo and piercing parlors. Commented [DS17]: The existing PMU prohibits “specialized housing facilities,” while the 16. Trade shops, including electrical plumbing, heating/cooling, and roofingsiding. proposed language specifically prohibits “personal care homes.” 17. Truck terminals, truck trailer storage lots, truck parking lots, and truck r epair. 18. Industrial uses, warehouses, and business distribution centers. 19. Tobacco, vape shops, and/or smoke shops. 20. Animal care facilities. F. Site Design Standards. 1. The impervious surfa area. 2. Stormwater Feature and other green infr shall be integrated in 3. Parking. Please confirm whether this terminology change is intended to narrow the prohibited-use category and whether other uses currently classified as specialized housing facilities remain prohibited within the PMU. [GL] Commented [DS17R2]: Specialized housing facilities include senior housing, cottage court and tiny house village which should be a. Parking shall be located to the rear or side of buildings, where feasible. b. Parking lots shall be directly connected to a sidewalk leading to the main entrances of all buildings on the site, and they shall include marked crosswalks across interior driveways and vehicular aisle. c. The Director may approve a reduction of up to twenty-five percent (10%) in the number of parking spaces required for a specific use where inter-parcel access is provided, and a shared parking analysis demonstrates that adequate parking will be proC viodm edm . ented [DS19R2]: We can align the administrative section to 25% if desired or eliminate this and 4. Access. a. Adjoining properties shall be encouraged to share curb cuts to reduce interruptions to the sidewalks. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 36 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy b. Properties that are adjoining are required to have curb cuts to adjacent properties to create CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 37 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. c. Intersection crosswalks shall be constructed of stained concrete or brick pavers. Concrete pavers shall be stamped and stained to give the appearance of brick. 5. Landscaping. a. A minimum tree canopy cover of at least thirty percent (30%) shall be provide for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. The canopy percentages shall be calculated by including preserved and newly planted trees through delineation of polygon mapping for groupings and canopy projections for new plantings based on species specific data. b. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened in accordance with Section 4.7.5, Landscape Strips. c. All areas along the corridor which are not developed with buildings or prepared surfaces for parking, circulation, utilities or the like, shall be landscaped and maintained with ornamental plantings. These plantings should be native or drought-tolerant plants to minimize the need for irrigation. d. Green fields and wooded areas should be left as they are, until they are developed into another use. e. Paved areas of the site shall be limited in size to the area that is required to accommodate the intended use. 6. Exterior Lighting. a. Decorative lighting must be provided at all entrances, pathways, parking areas, and recessed areas. b. All exterior lighting fixtures shall use full cutoff luminaires to reduce both energy usage and glare, as well as prevent light pollution. c. Lighting shall be pointed at the ground or the building directly to prevent glare onto neighboring areas. d. Light fixtures, light pole bases, and poles, shall be consistent with each other, with the architecture of buildings (if any), and/or with the nearby street lighting. 7. Utilities. a. Utilities shall be located underground. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. G. Streetscape Standards. The streetscape along major arterial or collector streets shall be divided into three CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 38 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and twenty (20) feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-of-way as approved by the Director of Public Works or on private property. 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Street trees planted in accordance with Section 13.8.4, Street Trees. b. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. c. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. a. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. Racks shall be placed at a maximum distance of 500 feet from one another. d. Pedestrian-scale lighting shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 39 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 2.8.2.G - Streetscape Standards H. Building Standards. 1. Height. The building shall be a minimum of two (2) stories and a maximum of twenty (20) stories. The first finished floor level shall be level with the sidewalk grade. 2. For parcels located in the Parkway Mixed-Use Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. a. Any use listed under LODGING; b. Any use listed under INSTITUTIONAL/PUBLIC; c. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; d. Any use listed under OFFICE; e. Any use listed under RETAIL; f. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; g. Any use listed under SERVICES; h. Exemptions. M Pan otde ally quadplex buildings) shall be exempt from the provisions of this s e rce mo no .v e - as single fam detached is i. Development that is held in ownership by a government a g e n c ynsoh ta lpl b exite e mdptinfrothmetD heT district on erem requirements of this section. j. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or outpatient clinic. i. Standalone single-family detached and single-family 3. Setbacks. a. Buildings may be set back further to allow for an appropriate building frontage zone which may include balconies or steps, public plazas, outdoor dining areas, or additional landscaping. 4. Corner lots should be oriented to the corner and be used to create focal points at the four (4) corners of major street intersections. 5. When buildings are located adjacent to existing commercial developments that are set further back, a step-back design may be utilized to transition to the desirable setback pattern, reducing excessive variation. 6. Some form of protection is required at all retail frontage along the corridor for relief from inclement weather. This can take the form of awnings, canopies, or other accessory shade structures as may be approved by the Director. These structures shall be: a. Architecturally consistent with the building and be made of durable opaque materials such as cloth or canvas. The use of shiny, high-gloss, translucent materials such as vinyl or plastic is prohibited. b. The color shall be compatible with the building façade. c. The scale (height, length, depth and overall bulk) shall be compatible with the building storefront. d. Columns to the structures are not permitted in the public right-of-way CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 40 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 7. Building Entrance. a. All first story uses shall have a primary pedestrian entrance, which faces, is visible from, and is directly accessible from the sidewalk. b. All first-story businesses with more than sixty (60) feet of frontage along sidewalks shall provide one (1) pedestrian entrance for every sixty (60) linear feet of frontage or fraction thereof. I. Architectural Requirements. The following design guidelines and standards apply to all newly-constructed buildings used for nonresidential or residential purposes. 1. Design Composition. a. The use of a common palette of building materials should be maintained in the Department of Community Development for building facades to create a consistent and traditional architectural identity for the PMU Overlay District. Traditional architecture shall include, for example, the use of brick, pitched roofs, low-profile signage, and subdued colors. b. For large commercial/retail, mixed-use, and multifamily buildings, variations in facade, roofline, and depth should be provided to lend the appearance of multitenant occupancy. c. Contrasting accent colors on any single facade shall be limited to no more than ten percent (10%) of the total wall area for any single façade d. Permanent mounted exterior neon lights shall not be allowed. e. Buildings that are located on outparcels and all accessory buildings shall be constructed of materials complementing the principal building with which they are associated. f. Back-lit awnings, roof-mounted lights, and/or roof mounted flag poles are not permitted. g. Satellite dishes shall be located and painted to blend with the background as much as practical. h. All design and construction shall be subject to architectural review by the Director to ensure adherence with the requirements and intent of this Section. 2. Exterior Finish Materials. Table 2.8.2.I.2, PMU Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used, in combination, to create a consistent, attractive, interesting, and long-lasting building design: Table 2.8.2.I.2 – PMU Allowed Building Materials Building Material Requirement Brick1 or Stone2 Minimum fifty percent (50%) per façade Glass Permitted Tilt/Pre-Cast Prohibited Stucco Maximum fifty percent (50%) per façade Concrete Blocks Prohibited CMU/Split-Face Block Maximum ten percent (10%) per façade Natural Wood and/or Cementitious Prohibited3 Fiberboard Metal Prohibited Tile Prohibited Notes: 1. veneer usenot full-depth brick. 2. Brick Natural stonewalls suchshall as, but limited to, granite, limestone, acid marble are CHA a PTllEoRw 2:eZdON bIuNiGldAinN gD OmVaE tReLAriYaDlsIS. TTReICrTrSa cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. Page 38 Commented [EM21]: See City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2.8.3 DTV—Downtown Village Overlay District A. Purpose. The purpose and intent of the Downtown Village Overlay District are: 1. To recognize and affirm the function of the existing traditional downtown as the central focus of commercial, artisan, and civic activities within the community. in 2. To allow the existing downtown to flourish, intensify, and expand w h e r eC v eor i pr2ia2te],: The mt m maeynbteeadpp[rDoS a manner that is consistent with its traditional character. existing DTV regulations expressly permit residential units located on 3. To provide a local retail, service, artisan and civic center for the commu nity. upper floors above and/or to the rear of commercial and ofice uses. B. Applicability. This provision has been removed the DTV standards. 1. These regulations of the Downtown Village Overlay District shall take preced fromence the over proposed regulations of all other districts, including the base zoning districts and any other type of overlay these Please confirm whether district. mixed-use residential configurations remain permitted 2. The boundaries for the overlay are designated on the City’s Overlay Dis trict Map. under the proposed Downtown (DT) District residences. The requirements for such uses shall be those provided un der the appropriate zoni ngtheir removal standards or whether classifications for such uses, except where single-family or multiple family are/is locat is use(s) intentional. [GL]ed in a 3. The requirements of this DTV Overlay District are not intended to applyto existing single-family building containing another non-residential permitted use in this districtC . ommented [DS22R2]: Yes we o ri et t eodf auses in C. Permitted Uses. All permitted uses as provided within the Downtown District (m DaTd ) ea r De Tp emr m D. the DTV Overlay District. mixed-use district and therefore residential can be stand alone Special Uses. All special uses as provided in the Downtown (DT) District are special uses in the DTV Overlay Commented [DS23]: The District. E. Prohibited Uses. The following uses are prohibited in the DTV Overlay Distric : 1. Adult entertainment establishments. 2. Boarding and rooming homes. 3. Catering establishments. 4. Child and adult day care centers. 5. Consignment and thrift stores. 6. Family day care homes. 7. Fueling stations. 8. Payday loan, title loans, money cash exchanges. 9. Public and private schools and related facilities. 10. Restaurants with drive-through facilities (a.k.a. "drive-thru") and/or windows. 11. Tobacco, vape shops, and/or smoke shops. 12. Tattoo and piercing studios. 13. Extended stay lodging. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 39 City of Stockbridge | Unified Development Code F. Temporary Uses. The following temporary uses are required to seek special event approval from the CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 40 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Director within the DTV Overlay District. The Director may impose specific calendar dates, times, or relevant conditions to the approval. 1. Carnivals, fairs, and other similar activities of a temporary nature. 2. Food trucks and similar temporary mobile vendors. 3. Outdoor recreational and/or educational opportunities. 4. Sidewalk sales. G. Required Ground Floor, Street Level Active Uses. 1. For parcels located in the Downtown Village Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. 2. Any use listed under LODGING; 3. Any use listed under INSTITUTIONAL/PUBLIC; 4. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; 5. Any use listed under OFFICE; 6. Any use listed under RETAIL; 7. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; 8. Any use listed under SERVICES; 9. Exemptions. sem s e(dnutpeld ex[, EtM rip2l 5 e x],: Pao ntdentially Coum a. Standalone single-family detached and single-family attached quadplex buildings) shall be exempt from the provisions of this sr e cmt i o vne. - as single fam detached is edptinfrothme tD b. Development that is held in ownership by a government a g e n c y ns oh ta lpl e brem exitem hT e district on requirements of this section. 10. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or out-patient clinic. H. Site Design Standards. 1. There shall be no outdoor storage of either materials or products. 2. Roadways shall be designed utilizing curb and gutter, in accordance with Chapter 16, Infrastructure Improvements. 3. Utilities. a. Utilities shall be located underground. Utility boxes, transformers, and mechanical equipment visible from public streets shall be screened with landscaping or architectural treatments. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 41 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4. Stormwater Features. Bioretention planters, permeable paving, rain gardens, and other green infrastructure features are encouraged. Stormwater features shall be integrated into streetscape design wherever practical. 5. Landscaping. a. Landscape beds shall incorporate drought-tolerant and native plant materials whenever feasible. Landscaping shall not obstruct pedestrian visibility or traffic sight triangles. Artificial turf shall be prohibited within required streetscape planting areas. 6. Lighting Standards. a. Pedestrian-Scale Lighting Required. Decorative pedestrian-scale lighting shall be provided along sidewalks, plazas, and pedestrian gathering areas. Fixtures shall generally be between twelve (12) and sixteen (16) feet in height. b. Design. Lighting fixtures shall maintain a coordinated downtown character. Cobra-head highway style fixtures shall be prohibited unless required by a state or federal agency. c. Illumination. Lighting shall be designed to improve public safety while minimizing glare and light trespass. Full cut-off fixtures are encouraged. d. Accent Lighting. Architectural lighting, façade lighting, and landscape uplighting may be permitted where designed to complement downtown character. 7. Crosswalks and Pedestrian Connectivity. a. Connectivity. Development shall provide direct pedestrian connections between buildings, parking areas, sidewalks, trails, and adjacent properties. Gated pedestrian barriers between compatible adjoining developments shall be prohibited unless required for public safety. b. Mid-Block Connections. Large developments or superblocks may be required to provide c. 8. mid-block pedestrian passages where determined necessary by the City. C o m m ented [DS26]: Criteria is Intersection crosswalks shall be constructed of stained c o n c r e t e o r b r i c k pavers. Concrete typically based on site layout , pavers shall be stamped and stained to .give the appearance of b r i ck t r a fi c, etc. It is site specific which is Outdoor Dining a. Outdoor dining shall be permitted within the overlay district subject to applicable encroachment permits and public safety requirements. b. Restaurant tables and chairs are permitted in the front setback but shall not be positioned so that their use blocks pedestrian flow. Within two (2) hours of the posted closing time, such tables and chairs shall be removed and stored inside the primary or accessory building. c. Outdoor seating areas shall utilize durable and coordinated furnishings, and include decorative landscaping or screening where appropriate. d. Public plazas, courtyards, pocket parks, and greenspace areas are encouraged. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 42 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy e. Outdoor dining or retail display areas shall maintain a minimum five (5) foot accessible pedestrian path at all times. 9. Parking. a. On-street parking, either angled or parallel, may be provided along all public streets, unless otherwise determined by the Mayor and City Council. b. The Director may reduce the parking requirement by twenty-five percent (10%). c. Commented [EM27]: See previous Off-street parking facilities shall be illuminated with downcast lighting using energy-efi cient comment regarding parking bulbs. reduction limit - 10% elsewhere I. Streetscape Standards. The purpose of streetscape standards is to: establish ausnadfee, rcomfortable, and a n cdeeseigc ntion attractive pedestrian-oriented public realm; promote walkability; encourage coa od rmd i nias ter da tdi voewvnat roi w and branding; improve connectivity between commercial, civic, residential, and public gathering areas; support economic development through vibrant and visually cohesive downtown environment; and promote accessibility for persons of all ages and abilities. The streetscape along the major highways shall be divided into two distinct zones consisting of a pedestrian travel zone and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Pedestrian travel zones along principal downtown streets shall have a minimum unobstructed pedestrian travel zone of ten (10) feet wide. Pedestrian travel zones along secondary streets shall have a minimum unobstructed pedestrian clear zone of eight (8) feet. The required width shall be measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works. a. Pedestrian travel zones shall consist of poured concrete, decorative concrete, brick pavers, or other durable materials approved by the City. Asphalt sidewalks shall be prohibited except for temporary installations approved by the City. b. Pedestrian travel zones shall be kept clear and unobstructed for the safe and convenient use of pedestrians. 2. A fixtures and planting zone shall be provided between the back of curb and pedestrian travel zone whenever feasible and located within the public right-of-way or as approved by the Director of Public Works. Developments shall provide street trees planted in accordance with Section 13.8.4, Street Trees within the fixtures and planting zone and shall provide at least two (2) additional elements: a. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. b. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. b. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. Racks shall be placed at a maximum distance of 500 feet from one another. c. Public art; CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 43 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy d. Pedestrian-scale lighting shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. e. Public gathering elements; f. Decorative planters; g. Outdoor dining enhancements; h. Utility fixtures; i. Wayfinding signage; or j. Water features. Figure 2.8.3.I - Streetscape Standards J. Building Standards. 1. Height. a. The maximum building height shall be four (4) stories or 55 feet with the first finished floor level being level with sidewalk grade. A height variance may be applied for in accordance with Chapter 10, Variances and Appeals. b. The minimum building height location at an intersection shall be three (3) stories or 45 feet with the first floor level being level with sidewalk grade. 2. Setbacks. a. Front Yard Setback. The front yard setback shall be a minimum of 0 feet from the curb and may be increased to 20 feet if additional space is landscaped as a garden or outdoor seating or dining area. Entries may be recessed up to 25 feet. b. Side Yard Setback (each side). The side yard setback may be zero (0) feet if attached to or abutting an adjacent building. Where not attached or abutting, the side yard building setback CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 44 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy shall be a minimum of ten (10) feet, but not more than 20 feet in width. c. Rear Yard Setback. The rear yard setback shall be a minimum of 25 feet. If located within the historic downtown, the rear yard setback shall be a minimum of 55 feet. K. Architectural Requirements. All structures, except single-family homes, duplexes, triplexes, and quadraplexes, in this district must meet the minimum structural and architectural design standards that are listed below. These standards apply to new building construction and renovations, remodels, or expansions of existing buildings. 1. Design Composition. a. Architectural Features and Details. Exterior facades, including eaves, columns, pilasters, cornices, windows and window surrounds, canopies, fascia, and roofs shall be proportionate with the building and compatible with surrounding traditional buildings. The scale of new construction, including the arrangement of windows, doors, and other openings within the building facade, shall be compatible with surrounding traditional buildings. b. Colors. The colors that are to be used for exterior surfaces, including roofs, shall be harmonious with surrounding development and shall visually reflect the traditional concept of the Old Downtown. Incompatible colors include metallics, neon, and/or primary colors. c. Transparency. For a mixed-use building that has a nonresidential ground floor use, the minimum transparency shall be seventy (70%) percent of the total surface area of a façade facing any street. Alleys shall be exempt from the requirement. To calculate the minimum transparency percentage, divide the total transparent glass area by the total surface area of the facade then multiply by 100. d. Accessory Structures. All accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance as the principal structure. 2. Exterior Finish Materials. a. Table 2.8.3.K.2, DTV Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used. b. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel, corrugated metal, vinyl, plastic or fiberglass siding. Facia materials which rapidly deteriorate or become unsightly such as galvanized metal or unfinished structural clay tile, are not permitted. Table 2.8.3.K.2 – DTV Allowed Building Materials Building Material Requirement Brick1 Minimum 100% on three (3) sides Brick1, Stone2, or Stucco Minimum 50% on the front façade Decorative Glass Permitted Decorative Block3 Permitted Architectural Concrete3 Permitted Pre-Cast Concrete Units3 Permitted Vinyl Permitted in the eaves, soffits, and gables Metal Permitted in the eaves, soffits, and gables Fiber Board Siding Permitted in the eaves, soffits, and gables CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 45 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Notes: 1. Brick veneers that are intended to simulate brick exteriors are not acceptable. 2. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. 3. Provided that surfaces are molded, serrated, or treated with a textured material in order to give the front side a three-dimensional character. CHAPTER 2: ZONING AND OVERLAY DISTRICTS Page 46 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 3: USE REGULATIONS 3.1 Use of Land A. All uses of land in the City of Stockbridge shall adhere to the Land Use Table as provided in this Chapter. The table shall be interpreted as follows: 1. The letter “P” shall mean the subject use is permitted in the indicated zoning district. 2. The letter “S” shall mean the subject use is permitted in the indicated zoning district following the issuance of a special use permit in accordance with Section 10.2.5, Requirements for Special Use Permits. 3. The letter “A” shall mean the subject use is permitted in the indicated zoning district as an accessory land use. 4. The letter “A/S” shall mean the subject use is permitted in the indicated zoning district as an accessory land use and with the issuance of a special use permit in accordance with Section 10.2.5, Requirements for Special Use Permits. 5. A blank box shall mean the subject land use is prohibited in the indicated zoning district. 6. The “See Section” column is provided for situations in which use-specific regulations apply to the subject land use. B. Land Use Table: LI HI C1 OI MFR CCR See Secti on C2 AGRICULTURAL S Commercial Greenhouses and Plant Nurseries, including landscaping services Keeping or raising S of livestock Livestock processing S and feedlots Riding academies or P stables Roadside produce S stands RESIDENTI AL Accessory dwelling A A unit (guesthouse, C HAPTER 3: USE REGULATI ONS i n -law suite, apartment over garage) R3 R2 R1 Land Use DT Zoning MU District Table 3.1.B – Land Uses. P P P 3.2.11 3.2.24 S P P P 3.2.25 3.2.4 3.2.32 A A 3.2.2 Commented [DS28]: A public comment mentioned the residential growth regulation (from 2019). I believe we have addressed those regulations (and I believe you are doing a housing study) in this code but please find the language below: Page 46 Single-family housing, which consists of single-family City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Table 3.1.B – Land Uses. P P P P P P HI P LI C2 S P P C1 OI MFR DT Zoning District See Section MU Bed and breakfast S Boutique Hotel Hotel Motel Short-term vacation A A A rental SPECIALIZED HOUSING FACILITIES Boarding/rooming S house Personal care homes, P P S group homes, and boarding home having 2 or less persons Personal care homes, S S S group homes, and boarding home having 2 or more persons Nursing homes, assisted living, and hospice care facilities Senior adult housing P P P Build-to-rent singleS family development Tiny house village development Cottage home village development INSTITUTIONAL/PUBLIC Cemeteries P P P Funeral homes, S mortuaries, and crematoriums Emergency response P P P and public safety facilities CCR R3 R2 R1 Land Use 3.2.67 A Title 9 S S P P S S P S S 3.2.29 S 3.2.29 S 3.2.27 P P P P P 3.2.36 3.2.8 P P 3.2.41 P P 3.2.12 S P P P P P P S P P 3.2.9 3.2.20 P P P 3.2.17 Table 3.1.B – Land Uses. CHAPTER 3: USE REGULATIONS See Section HI LI C2 P C1 P MU P DT Zoning District P OI S MFR R3 S CCR R2 Golf courses and driving ranges Municipal or county buildings Library or museum R1 Land Use P P P 3.2.21 P P P P P P P P S S P P Page 47 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Public Parks and P P P P playgrounds MASS ASSEMBLY CENTERS & GROUNDS Amphitheaters, theaters with live performance, assembly or concert halls, or similar Athletic fields S S Firing ranges Convention centers Civic centers Fairgrounds Clubs, lodges and event facilities Indoor recreation (bowling alleys, movie theaters and other activities conducted wholly indoors) Outdoor amusements (miniature golf, carnivals or midway rides, pony rides, climbing walls, tracks for go-carts and similar vehicles, and other tourist-oriented rides and amusements) Places of worship P P P P P P P P P P P P P P P P P P S S S 3.2.30 S S P S S S S S S P S S S S P S S S S S S S S S S S S 3.2.30 3.2.30 3.2.30 3.2.30 3.2.30 3.2.30 P P S S 3.2.30 S S S 3.2.30 P P P 3.2.30 S S P P P Table 3.1.B – Land Uses. CHAPTER 3: USE REGULATIONS P P P P P P P P S S C1 MU P HI S P LI P OI MFR CCR R3 P DT Zoning District See Section C2 Rodeos EDUCATION Colleges, universities, research and training facilities Public kindergarten, elementary, middle and high schools Private kindergarten, elementary, middle and high schools Private commercial/ vocational schools (including martial arts, dance studios, and other traditional technical or vocational training) R2 R1 Land Use S S S P P P P P P P P P P P P 3.2.30 3.2.34 3.2.34 P P Page 48 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy AUTO RELATED USES Automobile brokerage (no vehicle storage) Automobile service, major repair Automobile service, minor repair Automobile sales and truck sales Automobile rental and leasing facilities Automobile wash and wax centers Commercial Drone Delivery Hub Fueling stations P P P P P Title 9 P Title 9 S Title 9 P P S S S S 3.2.14 3.2.19 Table 3.1.B – Land Uses. Recreational vehicle/boat sales and service Tire shops OFFICE Contractor’s establishment (with material and equipment storage) General business or administrative office, (without storage) RETAIL General Art gallery Farmer's market Grocery stores Hardware store or other building materials store Liquor or package store Pawn shops and second-hand stores, including apparel, music, movies, gaming, and books Pharmacy or drug store Small box discount stores Tattoo shops Used appliance shops CHAPTER 3: USE REGULATIONS HI LI C2 C1 District See Section MU DT Zoning OI MFR CCR R3 R2 R1 Land Use S S Title 9 S P P P P P P P P P P A P P P P P P P P P P P S P P P P S P P P P P P Title 9 P Title 9 P P P P P S P 3.2.37 P P Title 9 Title 9 Page 49 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Vape shops, hookah sales RESTAURANT AND FOOD ESTABLISHMENTS P Title 9 Table 3.1.B – Land Uses. C1 A A P P P P P P P P P P HI MU A LI DT Zoning MFR CCR R3 R2 R1 Accessory cafe or eatery within a building Brewpub, beer growler, brewery Bakery, confectionary, and cafe uses Catering establishments Cigar bars, hookah lounges Restaurants (nondrive-thru) Restaurants with a drive-thru configuration Specialty food stores (e.g., coffee, ice cream) TRANSPORTATION Ambulance, taxi or limousine service, dispatch, and storage Bus or rail stations or terminals for passengers Airstrips, airports, and heliports Parking, commercial lot Parking, commercial garage Parking, Truck lots (as distinguished from truck terminals and similar uses) C2 OI District See Section A Land Use A A A P P P P P P P P P P P P P P P P A A A A A S S P P P P P P 3.2.5 Table 3.1.B – Land Uses. CHAPTER 3: USE REGULATIONS See Section P HI P LI P C2 S C1 OI S MU District MFR S DT Zoning CCR S R3 SERVICES Adult and child day care R2 R1 Land Use 3.2.3 Page 50 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Kennels S Veterinary clinics S Banks, credit unions or other similar financial institutions Barber shop/beauty salon or similar establishments Coin laundry, dry cleaning, and pickup stations Day spa Nail shops Fitness center Other Personal services establishment Photographic studios Publishing or printing establishments HEALTH AND MEDICAL SERVICES Dental offices and clinics Health services clinic, urgent care Home healthcare service, office use only Hospital or medical facility Kidney dialysis center Medical or dental laboratories Physical therapy INDUSTRIAL P P P P P P P P P P P P P P P P P P A P P P P P P P P P P P P P P P P P P P P P P P P P P P A P P P P P P P P P P 3.2.4 3.2.4 Title 9 Title 9 P P P P P P P 3.2.23 P HI C2 C1 OI MFR CCR R3 See Secti on LI S Agricultural implementation and equipment establishments Armory and equipment sales Alternative energy production (other than solar energy systems ) S Agriculture crop processing and sCtHoArPaTgEeR 3(o: Uf SE REGULATI ONS materials produced off-site) R2 R1 Land Use DT Zoning District MU Table 3.1.B – Land Uses. P P P P S 3.2.6 Commented [EM30]: Build out supplemental standards for this? P Page 51 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Table 3.1.B – Land Uses. See Section HI LI C2 C1 MU OI MFR CCR R3 DT Zoning District production, processing or assembly Central mixing plants for cement, mortar, plaster or housing materials Cement, lime, gypsum, or plaster manufacturing Chemical storage or manufacturing Data Center Heating and electric power generating plants and all necessary uses Fabrication shops Lumber yard for wholesaling of building products Machine and machine tool manufacturing Mines and quarries Petroleum or inflammable liquids, production, refining, or storage Poultry killing, plucking, and processing Railroad spurs and yards Railway lines, passenger depots, R2 R1 Land Use S P P S P P P P P P S P S 3.2.13 3.2.26 P P P Table 3.1.B – Land Uses. intermodal facilities, and rail yards Recycling centers for collection or processing Research, experimental, or testing laboratories CHAPTER 3: USE REGULATIONS See Section HI LI C2 C1 MU DT Zoning District OI MFR CCR R3 R2 R1 Land Use P P P Page 52 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Rock, sand or gravel distribution or storage Sawmills Sheet metal products Smelting of copper, iron, zinc, or ore Tinsmith/roofing operations Sanitary landfill Salvage yards or junkyards and wrecker services (with storage area) Self-service storage facilities Towing, wrecking, and impound service Warehousing or storage Wholesale business, warehouse, distribution, and similar non-processing storage and distribution uses FREIGHT OPERATIONS Tractor trailer storage and trailer drop lots P P P P P S S P 3.2.33 S 3.2.35 P P P P P S Table 3.1.B – Land Uses. CHAPTER 3: USE REGULATIONS See Section HI LI C2 C1 MU OI MFR CCR DT Zoning District Truck terminals Truck, Trailer, Tractor sales and service Truck staging facilities Truck stops Truck storage facilities COMMUNICATIONS/UTILITIES Radio/television transmission towers greater than 35 feet in height Radio tower 35 feet or less in height Transit park-and-ride lots Wireless P telecommunications Utility substation (not P to include electrical substations) Water tower P Electrical substations P R3 R2 R1 Land Use S S P P P P P S S S S S S P P P P P P P P P P P P P P P P P P 3.2.15 Page 53 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy SOLAR ENERGY SYSTEMS Integrated SES A Rooftop SES S Ground-mounted SES, small scale A S Ground-mounted SES, intermediate scale Ground-mounted SES, large scale Parking lot solar carports ACCESSORY AND TEMPORARY USES Accessory Structures A A Commercial Delivery Hub, Accessory A S A S A S A S A A A A A A A S A S A A A A A A A S S A S S A S P A S P 3.2.38 3.2.38 3.2.38 P P 3.2.38 S S 3.2.38 3.2.38 A A A A A A A A 3.2.1 3.2.14 Table 3.1.B – Land Uses. R2 R3 CCR MFR OI DT Zoning MU C1 C2 LI HI District R1 Fences and walls Electric vehicle charging stations Gate and security buildings Outdoor storage Satellite dish antennas Swimming pools and pool enclosures Temporary buildings and Structures CHAPTER 3: USE REGULATIONS See Section A A A A A A A A A A A A A A A A A A A A A A A A Land Use A A 3.2.18 3.2.16 A A A A A A A A A A A A A A A A A A A A A A A A A 3.2.28 A A P P P P P P P P P P P P 3.2.40 3.2.39 Page 54 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 3.1.B - Tower with Antenna Height. 3.2 Supplemental Use Regulations 3.2.1 Accessory Structures A. Accessory structures shall generally be compatible with the surrounding neighborhood and consistent with the character and intent of the zoning district in which they are located. B. Walls and fences shall not be considered accessory structures. C. Accessory structures shall be located on the same lot as, and subordinate to, the principal use or structure. D. Standards for specific accessory structures are set forth below. All accessory structures shall comply with the standards that are set forth below: 1. Accessory structures shall be located within a side or rear yard unless otherwise provided below. In the RR zoning district, accessory structures may be located within the front yard if the land area of the subject lot is greater than or equal to three (3) acres and not part of a platted subdivision. 2. Accessory structures shall not be erected prior to construction of the principal structure, except for agricultural storage buildings located on lots in the RR zoning district if the land area of the subject lot is greater than or equal to three (3) acres. 3. Accessory structures shall be included in all calculations for impervious surface ratio or lot coverage standards, and for stormwater management standards. 4. Accessory structures shall not be located within any required buffer or landscaping area, parking lot, protected resource area, easements, or stormwater management areas. 5. Accessory structures located in any residential zoning district shall not be used for any type of commercial operation. 6. Accessory structures shall not be used as a dwelling unit, except as provided in the standards for accessory dwellings. 7. Accessory structures shall comply with the following requirements. Development Feature Standard Setbacks: From side and rear property lines 10 feet For corner lots Front setback for district applies to both frontages Maximum height: Agricultural support structures, barns, and silos None Airplane hangars, regardless of zoning designation 35 feet Separation from principal building: 10 feet Maximum floor area: On parcels equal to or greater than three (3) acres and located in the RR zoning district CHAPTER 3: USE REGULATIONS No greater than the heated floor area of the subject principal building Page 55 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy On parcels less than three (3) acres and located in the RR zoning district No greater than 50% of the heated floor area of the subject principal building All other zoning Districts No greater than 50% of the heated floor area of the subject principal building 3.2.2 Accessory Dwelling Units A. Lot Requirements. Accessory dwellings units may be located on lots meeting the following minimum standards: 1. The lot shall comply with the minimum lot area requirements of the applicable zoning district. 2. Lots served by county sewer shall be a minimum size of 18,000 square feet. 3. Lots utilizing an on-site sewage management system shall be a minimum size of 30,000 square feet. B. Quantity. No more than one (1) accessory dwelling unit shall be established on a residential lot. C. Parking. A minimum of one (1) additional off-street parking space shall be provided for the accessory dwelling unit. D. All accessory dwellings units shall comply with all applicable building, fire, and health UDC requirements. E. All attached accessory dwellings units shall meet the following standards: 1. Location of entrances. Only one (1) entrance may be located on the façade of the principal dwelling facing the street, unless the principal dwelling contained additional entrances before the accessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances serving balconies or decks. 2. Exterior stairs. Fire escapes or exterior stairs for access to an upper-level accessory dwelling unit shall not be located on the front of the principal dwelling and shall be located a minimum of five (5) feet from the front building façade. F. Freestanding or detached accessory dwellings units shall meet the following standards: 1. Accessory dwelling units are considered an accessory structure if detached from the principal building and shall comply with all accessory structure regulations found in Section 3.2.1, Accessory Structures. 3.2.3 Adult and Child Day Care Facilities A. All facilities shall comply with applicable State regulations and shall obtain and maintain all required State licenses and approvals. B. Facilities shall be located on lots containing a minimum of one (1) acre. C. All facilities must obtain a business license with the city and provide proof of State licensure to the City prior to business licensing D. Each adult and child day care center shall be subject to the following requirements when it is located within a commercial building or commercial zoning district: 1. Facilities shall have access to a roadway classified as a collector or higher in the adopted CHAPTER 3: USE REGULATIONS Page 56 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy thoroughfare plan. 2. No day care home shall be located within 1,500 feet of another day care facility. 3.2.4 Animal Care Facilities A. Design standards for specific animal care facility uses are listed in the table below, to include the following use types: 1. Animal Hospitals. 2. Veterinary Clinics. 3. Kennels. 4. Stables. Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a freestanding building) Development Feature Standard Animals allowed Domestic pets, farm animals, and livestock; wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Consistent with the design, materials, and color of buildings in the surrounding area Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a multi-tenant building) Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Soundproofing required and odor-proofing required Animal boarding Prohibited Animal Care Facility: Commercial Kennel Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum land area Two (2) acres in the RR zoning district; one (1) acre in all other zoning districts CHAPTER 3: USE REGULATIONS Page 57 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Minimum building separation from parcels zoned or developed residentially 50 feet Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Animal Care Facility: Noncommercial Kennel Development Feature Standard Animals allowed Up to ten adult domestic pets, only; farm animals, livestock, and wild animals are prohibited Minimum land area Three (3) acres Limitations on zoning districts Allowed only in the RR zoning district Minimum building separation from parcels zoned or developed residentially 50 feet Animal Care Facility: Stables (to include riding academies, barns, and other facilities for farm animals and livestock) Development Feature Standard Animals allowed Farm animals and livestock Minimum land area Three (3) acres Minimum building separation from parcels zoned or developed residentially 50 feet Minimum setback from parcels zoned or developed residentially for outdoor tracks and exercise yards 100 feet Outdoor tracks and exercise yards Odor control required; pest control required Fences The parcel (three or more acres) shall be fenced. The outdoor track and each exercise yard shall be separately fenced. 3.2.5 Airstrips, Airports, and Heliports A. Airstrips, airports, and heliports shall comply with the following regulations: Commented [EM31]: Should all such uses be by SUP? Commented [DS31R2]: They are 1. Minimum acreage shall be fifteen (15) acres. 2. An undisturbed vegetative buffer shall be provided along all property lines that abut property with a residential zoning classification, except where prohibited to provide access or utility easements, to screen sight or sound of activities from adjacent and nearby residential neighborhoods. The buffer shall be a minimum of 100 feet in width and shall meet all requirements of Chapter 13, Buffers, Landscaping, and Tree Protection. 3. The landing strip/runway shall not be paved. The use of permeable or pervious pavement materials shall be allowed. CHAPTER 3: USE REGULATIONS Page 58 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4. All private airstrips, airports, and helicopters [heliports] shall adhere to all applicable laws and regulations of the Georgia Department of Transportation (GDOT) and Federal Aviation Administration (FAA). 5. No commercial activities shall be allowed or permitted with any approved special use. The following uses are prohibited: Flight instruction, aircraft storage (other than hangars for use by the property owner), aircraft maintenance (other than by the property owner), aircraft fueling (other than for use by the property owner), and other similar commercial airport activities. 6. Only one (1) airstrip per special use permit shall be allowed. 7. A maximum of two (2) airplane hangars may be allowed even in the absence of a primary structure to any approved special use. 8. All hangars constructed shall be required to obtain a permit and approval from the Director and shall comply with any and all development and building regulations and standards. 3.2.6 Alternative Energy Production (other than solar energy systems) A. Ground mounted structures and components, including transformers and foundations, shall be considered impervious. B. Lighting fixtures at facilities shall not exceed 3.0 foot-candles at any property boundary abutting a right-ofway. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. C. Buffers and Screening. All facilities shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. The existing natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. D. Decommissioning. Decommissioning of a facility shall begin no later than 12 months after a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the facility and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the facility or to some other condition reasonably appropriate for the designated land use. E. All buildings and structures shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. F. Any facility shall be located no closer than 50 feet to any abutting parcels zoned or used residentially. G. Any large-scale facility building or structure shall be located no closer than 100 feet to any abutting parcels zoned or used residentially. H. Facilities shall display advisory signage to include the following information, at minimum: 1. A statement about the risks that may result from physical contact with, or entry into, the subject facility; 2. The owner or operator of the subject facility; and 3. A twenty-four-hour emergency contact phone number. CHAPTER 3: USE REGULATIONS Page 59 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3.2.7 Bed and Breakfast Facility A. The subject building must be a minimum of ten (10) years old before a bed and breakfast facility may be established. The individual or family operating the facility must occupy the house as their primary residence. B. The owner or operator of a bed and breakfast facility may reside in an accessory dwelling unit on the subject property so long as said accessory dwelling unit predates the bed and breakfast building. C. A bed and breakfast may be staffed by individuals that do not reside in the subject building. D. Bed and breakfast facilities may be temporarily used for luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation, so long as the occupant count does not exceed 100 persons, provided the subject building has been approved to support that capacity, pursuant to applicable life safety requirements. E. Vehicular drop-off and pick-up areas that directly face and/or abut residential property shall be screened from said abutting property by an opaque vegetation that achieves a uniform height of six (6) feet no greater than three (3) years after the date of planting. F. No separate kitchen facilities shall be allowed. Breakfast may be served on the premises only for guests and employees of the bed and breakfast. G. The site design standards set forth in the table below are required for all bed and breakfast facilities. Development Feature Standard Maximum number of bed and breakfast guest units 6 Minimum heated floor area of subject building 3,500 square feet Maximum floor area which the bed and breakfast use may occupy within the primary structure, in relation to the homeowner's area 75 percent Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property H. Permits and Licensing. 1. Special use permits for bed and breakfast facilities shall not be transferable to any future owner of the subject property nor to any other person or entity. Upon transfer of ownership of the subject property, the special use permit shall expire. 2. All bed and breakfast owners and operators must apply for a business license permit and must maintain a valid business license. Renewals must be submitted annually before the operational permit expires. Business licenses are not transferable. 3.2.8 Built-to-Rent Single-Family Developments A. Build-to-Rent (BTR) means a residential development consisting of single-family dwellings in which more CHAPTER 3: USE REGULATIONS Page 60 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy than ten percent (10%) of the units are constructed for the primary purpose of being leased rather than sold, typically under single ownership or management. B. BTR communities shall only be permitted in zoning districts expressly identified in the UDC and shall be considered a special use as specified therein. C. There shall be no exterior evidence that dwelling is build-to-rent. D. Parking shall only be provided on hard surface areas on the property and shall not be permitted outside such hard surface areas consistent with the provisions of this title. There shall be no parking on the street, on neighboring properties, in the yard, or in the right-of-way. Required parking shall be accommodated within driveways, garages, or other residential structures such as carports. Surface parking lots may only be used for guest parking that exceeds the minimum number of spaces required per unit. E. The property owner or responsible property manager shall, at all times, maintain their contact information posted in a conspicuous location near the primary entrance to the home. Such contact information shall also be allowed to be posted in a conspicuous location at a centralized management office, community entrance, or other common location provided such posting clearly identifies all applicable units for which the information serves. F. Developments with more than 15 BTR units shall be required to maintain an on-site property management office or staff presence to respond to resident concerns and ensure compliance with maintenance standards, to operate at minimum during regular business hours (Monday through Friday, 9:00 AM to 5:00 PM). G. All BTR units shall comply with the City’s architectural and site design requirements applicable to the underlying zoning district. H. Only one (1) build-to-rent unit shall be permitted per lot, as a permitted principal structure. No accessory structure shall be considered a build-to-rent unit. I. All BTR units shall comply with applicable building, fire, and life safety UDCs and shall be subject to inspection. J. All BTR Developments shall be registered with the City through a formal licensing process. This process shall include, but is not limited to, the following: 1. The property owner or operator shall submit an application form provided by the City, which shall include the address listings of all BTR units, owner contact information, responsible property manager (if applicable), and proof of ownership or leasehold interest. If the owner or operator is a corporate or limited liability entity, the application shall also identify a registered agent residing in Henry County and affiliated with the company to receive official correspondence and notices of violation. 2. BTR licenses shall be valid for a period of twelve (12) months from the date of issuance. License holders must submit a renewal application prior to expiration, along with any updated contact or operational information. 3. A non-refundable application and renewal fee shall be paid at the time of submission, as established by the City’s adopted fee schedule. 4. BTR licenses are non-transferable and may not be reassigned to a new owner or operator without reapplication and approval. 5. Failure to comply with applicable regulations, including but not limited to occupancy, safety, noise, CHAPTER 3: USE REGULATIONS Page 61 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy or parking provisions, may result in the suspension or revocation of the BTR license. K. All BTR Developments shall be required to obtain and maintain a valid business license in accordance with the City’s occupational tax regulations. This requirement is in addition to the BTR license and shall be renewed annually. L. All signage associated with Build-to-Rent developments shall comply with the standards for residential land uses established in Chapter 6, Sign Standards, including but not limited to permitted monument, directional, informational, and temporary signage. 3.2.9 Cemeteries A. A cemetery may include one (1) or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments, and a columbarium. B. A cemetery may include a chapel or place of worship when it is operated in conjunction with, and within the boundaries of, such cemetery. C. Site design requirements are listed in the table below. Development Feature Standard Minimum land area: Registered cemeteries (per State law) 10 acres With a structure requiring a building permit 2 acres Without a structure requiring a building permit 1 acre Minimum setbacks for structures, storage, materials, equipment, or interment lots: Front yard 40 feet Side yard 20 feet Rear yard 20 feet Adjacent to any parcels zoned or used residentially 50 feet Minimum road frontage 100 feet D. Location Requirements. 1. No cemetery shall erect any structures nor conduct any activities within 75 feet of any one-hundredyear floodplain, wetland, or state water. 2. No cemetery shall erect any structures nor conduct any activities within 150 feet of any water well, unless the well is not functional. E. Mausoleums and Columbaria. Mausoleums and columbaria may be located within the boundaries of approved cemeteries only. Mausoleums and columbaria shall have primarily brick or stone facades. F. No cemetery shall be established on any property that is not a lot of record. G. Access. The site proposed for a cemetery shall not interfere with the development of a system of collector CHAPTER 3: USE REGULATIONS Page 62 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy or larger streets in the vicinity of such site. In addition, the site shall have direct access to a thoroughfare by way of an access way not less than 20 feet wide. H. Health Approval and Perpetual Care. 1. All cemetery applicants shall notify the Henry County Health Department of the intent to build a cemetery and shall submit a letter from the county health department identifying the location of the cemetery in relation to any known drinking water wells as part of the application process. The City shall not approve any new cemetery absent Henry County Health Department approval. 2. 3.2.10 All cemetery applicants shall provide a perpetual care plan to the Community Development Department. Centers for Manufacturing, Production, Processing, or Assembly A. Applicability. This section sets forth specific site design standards required in addition to those of the zoning district in which the use is proposed, applicable to the following uses: 1. Asphalt and concrete batch plants; 2. Central mixing plants for cement, mortar, and/or plaster; and 3. Food processing plants. B. Performance Standards. No such facility shall generate vibrations or electromagnetic interference that are detectable on any adjacent properties that are not associated with the subject land use. The operation shall minimize disturbances and adverse impacts on surrounding properties using the best available technology. Applications shall demonstrate the methodology necessary to ensure that the operation of such facilities complies with all applicable federal, state, and local laws. C. Additional development standards for such uses are provided in the table below. Development Feature Standard Minimum land area 2 acres Minimum building or structure setback from any parcels zoned or used residentially 100 feet Minimum buffer width 40 feet Loading docks Screened from view of adjacent properties and the public right-of-way Outdoor storage Screened from view from adjacent properties and the public right-of-way. Setback a minimum of 200 feet from any parcels zoned or used residentially. Refuse and solid waste containers Enclosed, except for an access gate, and screened from view from adjacent properties and the public right-of-way CHAPTER 3: USE REGULATIONS Page 63 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3.2.11 Commercial Greenhouses and Plant Nurseries A. Commercial greenhouses and plant nurseries shall comply with the site design standards provided in the table below. Development Feature Standard Minimum land area 1.25 acres Outdoor storage and loading areas Setback from residential properties a minimum of 75 feet. Fully screened, by opaque fence or solid wall, from any view from adjacent properties and the public right-of-way. Storage of loose materials, such as topsoil, compost, mulch, gravel, and similar materials Fully enclosed by a solid fence or solid wall. Stockpiles of loose materials shall be limited in height to the height of the fence or wall that screens them, up to a maximum height of eight (8) feet. Minimum buffer width 25 feet 3.2.12 Cottage Home Village Development A. A cottage court cluster development consists of a grouping of no fewer than four (4) and no more than 16 small attached or detached dwelling units oriented around a shared common open space and developed under a unified site design. Applicability. Review, and Site Plan Requirements. 1. A Cottage Home Village Development shall be permitted only in the zoning districts identified in Table 3.1, B, Land Uses and shall comply with this Section, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or certificate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit locations, setbacks, building separation, common open space, sidewalks and pedestrian connections, parking areas, refuse areas, utility layout, stormwater facilities, fire access, hydrant locations, landscaping, buffers, lighting, phasing, and proposed ownership and maintenance documents. 4. No Cottage Home shall be occupied until all required permits, inspections, utility connections, access improvements, and certificates of occupancy have been issued in accordance with applicable law. B. Density and Development Standards. 1. All cottage home village developments shall satisfy the following site design requirements. Standard Cottage Home Floor Area Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Building Code Treatment Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 60 square feet. CHAPTER 3: USE REGULATIONS Page 64 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Common Open Space At least 400 square feet per Cottage Home. Parking At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. C. Size. The development shall have a minimum site area of three (3) acres. D. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. E. Development Size. Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. F. Building Size Categories. For purposes of this Section, a Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. G. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. 1. A minimum of 400 hundred square feet of common open space shall be provided for each Cottage Home. 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. 4. Every Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. H. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. CHAPTER 3: USE REGULATIONS Page 65 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy I. Landscaping. 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Cottage Home Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. J. Parking Design. 1. A minimum of two (2) off-street parking spaces shall be provided for each Cottage Home, unless a different parking requirement, reduction, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Cottage Home Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; c. Decorative fencing in combination with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configurations that complement the pedestrian-oriented design of the development. CHAPTER 3: USE REGULATIONS Page 66 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy K. Setbacks. 1. Where a Cottage Home fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) feet. 2. Where a Cottage Home fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. L. Lot Design. 1. Lot dimensions within a Cottage Home Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Cottage Home Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. M. Utilities. 1. All Cottage Homes shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. N. Prohibited Uses. 1. The following shall not be permitted within a Cottage Home Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. O. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. CHAPTER 3: USE REGULATIONS Page 67 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Cottage Home Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Cottage Home within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. P. Additional Development Standards. 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Cottage Home shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Cottage Home Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other lowimpact development (LID) practices is encouraged to reduce stormwater runoff. All Cottage Home Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. Q. Design Standards. 1. Building Orientation. Cottage Homes shall be oriented toward a public street, private street, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. 2. Covered Front Porch. Each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residentialquality materials approved by the Director. Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. CHAPTER 3: USE REGULATIONS Page 68 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 5. Building Entrances. The primary entrance of each Cottage Home shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Cottage Homes shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. 11. Water Table Requirement. All side and rear elevations of cottage home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all cottage home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. R. Ownership and Maintenance. 1. Common open space and common facilities shall be required for all Cottage Home Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. 4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. CHAPTER 3: USE REGULATIONS Page 69 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3.2.13 Data Centers A. Data Centers shall comply with the site design standards provided in the table below Development Feature Standard Minimum land area 20 acres Open Space 30 percent Minimum setbacks for all primary operational facilities and infrastructure, including data center buildings, electrical substations, emergency generators, and mechanical systems: From any public right-of-way 200 feet Adjacent to a nonresidential use or district 100 feet From any residential structure 1,320 feet B. Accessory structures that do not generate noise or emissions may be allowed in a setback subject to City approval. No such structure may be located within a required buffer. C. Layout. The layout and orientation of buildings and associated equipment must minimize visual impacts on surrounding properties. D. Principal building facades are subject to approval by the City and shall comply with the applicable design standards set forth in this UDC. E. Mechanical Equipment Screening. All exterior mechanical, electrical, and operational equipment associated with a data center, including but not limited to generators, cooling systems, substations, and rooftop equipment must be fully screened on all sides by an acoustical barrier designed to reduce noise impacts on adjacent properties. The design, materials, height, and effectiveness of acoustical barriers are subject to approval by the City. F. Lighting design must incorporate dark sky principles, fully shielded fixtures, and measures to prevent glare or light spillage onto adjacent properties. This includes all site lighting, including security lighting, building mounted lighting, and any perimeter illumination. G. The following environmental performance standards must be met: 1. The maximum noise output at any property line adjacent to a residential district or use is 55 dBA between the hours of 7:00am to 8:00pm. At all other times the maximum noise output is 45 dBA. a. Testing of generators or other equipment is only allowed during the hours of 10:00am to 5:00pm, Monday through Friday. Testing is not allowed on any holiday recognized by the City of Stockbridge. 2. Open evaporative cooling systems are prohibited. 3. Refrigerants for system cooling must meet minimum Global Warming Potential (GWP) requirements. Monitoring for refrigerant leakage and remediating impacts of leakage during operations is required. 4. Building materials with low embodied carbon must be utilized. 5. Stormwater management shall comply with all applicable City standards and incorporate best available and feasible practices, including green infrastructure and low impact development CHAPTER 3: USE REGULATIONS Page 70 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy techniques, where practicable, to ensure post-development runoff meets or exceeds predevelopment conditions and minimizes downstream impacts. H. Open Space Required. All data centers must preserve at least 30% of the gross lot area as natural, undisturbed open space. Buffers, stormwater features, and passive recreation areas may be utilized to satisfy this requirement upon approval by the City. I. When a greenway trail has been planned by the City or County, it must be constructed on the site. J. Prior to the issuance of a land disturbance permit, a Development Agreement must be executed between the developer and the City. The agreement must, at a minimum, address the following: 1. Compliance with the maximum noise limits set forth in this section and the most current City of Stockbridge Noise Ordinance, including during normal operations and testing activities. On-site noise monitoring equipment must be installed and maintained as a part of the agreement. 2. Power and energy efficiency reporting (PUE, ERE, WUE). 3. The establishment of performance metrics to limit potable water consumption through the use of a closed loop or similar system designed to minimize consumption and eliminate continuous discharge or evaporative loss. 4. Ongoing metering of energy and water usage and transparency of grid impact during operations. 5. Decommissioning, change of use, and site restoration. 6. Financial assurances such as performance bonds, security bonds, decommissioning bonds, or escrow accounts sufficient to ensure site restoration, infrastructure removal, environmental remediation, and long-term compliance with approved operational standards. 7. Ongoing assessment of facility impact on surrounding air and water quality during operations, including transparency of results and effective remediation of negative impacts if identified. 8. Emergency coordination with Fire, Public Safety, and utility providers. 9. Environmental Impact Summary and Operations Management Plan, including a third-party environmental impact study evaluating air, water, noise, and operational impacts. 10. Documentation of coordination with electric and water utility providers, including evaluation of infrastructure capacity, required upgrades, and cost allocation measures, demonstrating that project-related system improvements and service demands are borne by the applicant and not shifted to existing customers, with mitigation strategies incorporated into the Development Agreement. 11. Emergency generator testing and operational protocols, including testing schedules, duration, and noise mitigation measures, to ensure minimal impact on surrounding properties. 12. The use, storage, and management of batteries, fuels, backup power systems, or any hazardous materials associated with facility operations, including compliance with all Fire Marshal, EMA, and applicable life safety requirements. 13. How the project will contribute to the development of an inclusive, accessible, and mixed-use community surrounding the project via community benefits packaging infrastructure upgrades and reinvestment strategies. K. Relief from the standards of this Section may only be granted by the Mayor and City Council. CHAPTER 3: USE REGULATIONS Page 71 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3.2.14 Drone Delivery Service A. Certifications and Requirements. The Federal Aviation Administration (FAA) has exclusive jurisdiction over aviation safety and the efficient use of the national airspace, including the operation, flight paths, and altitude of unmanned aircraft systems (UAS), commonly referred to as drones. The city seeks to clarify the jurisdictional boundaries between federal and local authority regarding the operation of unmanned aircraft systems (UAS), specifically those used for commercial delivery services, and to ensure local regulations are consistent with federal law 1. All drone delivery services operating within the City of Stockbridge must comply with FAA regulations, including, but not limited to: a. Part 107 of Title 14 of the UDC of Federal Regulations (CFR) governing commercial drone operations. b. Remote identification requirements under Part 89. c. Registration and marking requirements under Part 48. d. Operational limitations such as maximum altitude, line-of-sight requirements, and restrictions on flying over people or moving vehicles. e. All pilots must obtain and retain a remote pilot certification from the Federal Aviation Agency as required under 14 CFR part 61. 2. Drone delivery service is allowable by special administrative permit. Commented [EM32]: Is this an B. Use Standards for Commercial Drone Delivery Hub. 1. Commercial drone delivery hubs may be permitted by special use permit in the C-2, LI, and HI districts when the requirements of this section are met. 2. total floor area. permitted as standalone on the use 3. Commercial drone delivery hub may be permitted as an accessory use, by special use permit, for food/grocery store, restaurant/cafeteria, retail store, shopping center, superstore, drug store, or warehouse/distribution center use in any district when the requirements of this section are met. a. A commercial drone delivery hub established as an accessory use shall be limited to a maximum of ten percent (10%) of the total floor area of the building containing the primary use, or 10,000 square feet, whichever is less. 4. The drone staging area must be designated on an approved site plan. As accessory use, the drone staging area is limited to ten percent (10%) of the total lot area. The drone staging area must not be placed: a. Within any required building setbacks; b. Within any required landscape edge; c. Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or required loading zones and parking spaces; or d. So as to obstruct visibility or interfere with pedestrian or vehicle circulation. 5. A drone staging area located inside of or on the roof of the building containing the primary use is not subject to this limitation. When a drone staging area is located on top of a building: CHAPTER 3: USE REGULATIONS Page 72 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy a. Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements; and b. Any additional structure, parapet wall, screening, safety railing, or other appurtenance associated with the commercial drone delivery hub is subject to the maximum height requirement of the district, except a single mast up to ten (10) feet in height for a windsock may exceed the maximum height requirement; and c. When located at grade, any goods, materials, containers, trailers, or other equipment must be screened. Landing pads are exempt from this screening requirement. C. Noise Restrictions. The drone staging area for a commercial drone delivery hub shall not be located within 300 feet of any property upon which a school, dwelling, retirement and supportive housing facility, or public park is located. 1. The three-hundred-foot buffer requirement may be reduced to 150 f e e tCs oh omu lmd e Mnatyeord a[nEdMC i3t y4 ] : Do we Council finds that issuance of the specific use permit would not be detrim e a l o r u r itohui ss troedthuection? w a t o a lilnoj w public health, safety, or general welfare of the neighborhood. 2. The measurement of the required buffer is to be made in a straight horizontal line from the edge of the drone staging area to the closest property line of a property containing a school, dwelling, retirement, and supportive housing facility use, or public park. D. Parking. 1. In addition to the requirements of this Section, parking for drone delivery service uses shall comply with Chapter 5, Parking Requirements. 2. Loading spaces shall be provided for a commercial drone delivery hub. Loading spaces are not required for an accessory commercial drone delivery hub use. E. Security. 1. The commercial drone hub at grade shall be enclosed with a fence consisting of masonry, decorative iron, or chain link that is coated with black vinyl. 2. The commercial drone hub shall utilize a 360-degree security camera system, with twenty-four-hour monitoring. Such monitoring shall include continuous recording and/or twenty-four-hour active monitoring by personnel or other adequate monitoring service, as approved by Mayor and City Council. F. Operating Hours. Delivery operations shall be limited to the operating hours of the principal retail establishment from which deliveries are initiated. No drone delivery operations shall occur outside of the principal business's regular hours. 3.2.15 Electrical Substations A. All electrical substations shall be fully enclosed on all sides with a solid fence, equipped with a gate, or fully screened with a landscaped buffer that meets the standards listed in the table below and in accordance with Chapter 13, Buffers, Landscaping, and Tree Protection. Development Feature Standard Minimum buffer width 25 feet Minimum tree density One (1) tree for each 25 linear feet of buffer CHAPTER 3: USE REGULATIONS Page 73 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Minimum shrub density 3.2.16 One (1) large screening shrub for each eight (8) linear feet, plus continuous hedge consisting of double staggered rows of shrubs Electric Vehicle Charging Stations A. Electric vehicle charging stations may be permitted as an accessory use in all zoning districts. A permit shall be required to install any electric vehicle charging stations, except for private charging facilities on parcels containing single-family residences that are intended for the residential occupants and not for profit. B. Electrical vehicle charging stations may collect fees for the use of an electric vehicle charging station made available to residents, employees, and visitors to the property. C. Residential developments which exceed 150 dwelling units shall provide at least one electric vehicle charging station (pedestal) spaces in accordance with Section 5.8.2, D. 3.2.17 Emergency Response and Public Safety Facilities A. All emergency response facilities shall comply with the following requirements. Development Feature Standard Minimum setback from any parcels zoned or used residentially 100 feet Minimum buffer width 20 feet when located adjacent to any parcels zoned or used residentially Commented [EM35]: Are retaining walls covered somewhere else or by A. General standards for the installation and maintenance of fences and walls shall be satisfied as provided below. 3.2.18 Fences and Walls 1. In the event of a conflict between the contents of this section and any overlay district within the City, the stricter requirements shall control. 2. No privately-owned fence or wall shall be installed within any public street right-of-way or within any city-owned area. 3. No fence or wall shall block access to utility easements between lots. 4. No fence or wall shall be installed so that it obstructs the sight vision at any street intersection, or if it in any way creates a hazard to traffic. 5. No fence or wall shall be installed as to limit access to a property for emergency purposes. 6. If a fence is designed so that its structural supports are primarily on one side, that side must always be toward the interior of the fenced property. 7. If a fence or wall is required by any governmental authority to provide for the safety and security of the residents of the City, that fence or wall shall not be removed or otherwise left in an unsafe condition for any reason without the approval of the city manager, and without proper precautions being taken to provide for continuous protection. 8. It shall be the responsibility of the owner of the property on which a fence or wall is located to maintain that fence in good and proper repair so that at all times it presents a neat and orderly CHAPTER 3: USE REGULATIONS Page 74 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy appearance to surrounding property owners and to the general public. 9. Any fence or wall that is damaged by accident or an act of God shall be properly repaired within 90 days of the date of damage. Fencing required for public safety purposes shall be repaired within 30 days of the date of damage. B. Fence Design Standards. 1. All fences within the City shall be constructed of pressurized wood (including cedar, cypress, or pine), brick, wrought iron, or chain-link. a. In the event the fence is constructed of chain-link, all exposed metal parts must be vinyl- coated or painted. b. Chain-link fences in residential zoning districts shall not be visible from any abutting right-of- way. 2. No fence or portion of a fence shall exceed six (6) feet in height in a residential district. a. Fences enclosing athletic courts and fields, such as basketball courts and tennis courts, shall not exceed 12 feet in height. This regulation shall control over conflicting fence height standards in this Section. 3. No fence that is installed in a residential front yard shall be greater than four (4) feet in height. 4. No fence or portion of a fence shall exceed eight (8) feet in height in any commercial or industrial district except for the containment of swimming pools or athletic courts. 5. Barbed wire, razor wire, concertina wire, and similar fencing materials and treatments shall be prohibited. C. Temporary Fences. The Director may permit the installation of a temporary fence of material which is not otherwise allowed under this section at a construction site, if it is felt that the fence would be necessary to protect the public safety or would be necessary to provide proper security for the site. A temporary fence shall remain in place for no more than one (1) year and must comply with the following conditions: 1. Temporary fences shall not exceed six (6) feet in height if they are located within any setback area; and D. Retaining Wall Design Standards. 1. No retaining wall shall exceed 4 feet in height within 10 feet of a front property line. 2. Walls visible from an adjoining property shall be tiered so that no single tier is taller than 20 feet. 3. Retaining walls visible from the public right-of-way shall be faced with stone, brick, or textured cement masonry. E. Permit. A permit shall be required for all work performed in association with the construction, alteration, or relocation of a fence or wall, except where otherwise specified herein. Fences and walls for which a permit is not required: 1. Repairs. Repairs to an existing fence or wall with no structural changes. 2. Replacement. Replacement of an existing fence with a new fence that is the same type and height and in the same location as the existing fence; provided the replacement fence is otherwise in full compliance with this chapter. CHAPTER 3: USE REGULATIONS Page 75 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. Gates. The installation of gates of up to eight (8) feet in width in an existing fence or wall with no structural changes. 4. Applications for fence permits shall be made upon forms provided by the Community Development Department. The following information shall be provided with the application: a. A site plan depicting: i. Existing and proposed fences and walls; ii. Existing structures; iii. Easements; and iv. Required setback dimensions. b. Construction details of the proposed fence or wall with all appropriate dimensions. c. Engineered stamped plans for retaining walls over four (4) in height. d. Written consent of all adjacent property owners, or a certified survey verifying the location of lot boundaries, if a fence or wall is proposed to cross or overlap a property line. e. Other information that the Director may be required to show full compliance with this Chapter. 3.2.19 Fueling Stations A. The contents of this subsection apply to all properties containing the sale of gasoline, diesel, or other vehicle fuels, except for electricity, as a business function. B. Fueling stations may function as primary land uses with one or more of the following accessory land uses present: retail sales of automotive accessories; sale of food and sundries; convenience store; inspection stations for emissions; or manual/hand car washes. C. No fueling station shall be located less than 800 feet from any other fueling station. This distance requirement shall be measured in a straight line from property line to property line of another existing fuel service station. D. Fueling stations, whether operated as a primary or accessory land use, shall abide by the following development requirements. Development Feature Standard Minimum Setback: Separation of all fuel canopies or fuel islands from any parcels zoned or used residentially 40 feet Site access Access drives shall be a minimum of 20 feet from the intersection of street right-of-way lines Minimum buffer width 25 feet when located adjacent to any parcels zoned or used residentially; said buffer shall include a solid wall or solid fence not less than six (6) feet in height E. A fueling station must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. CHAPTER 3: USE REGULATIONS Page 76 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy F. Nothing in this subsection shall be construed as to provide exemption or relief from any requirements of this UDC or any other local, state, or federal regulations. G. All buildings on any property containing a fueling station must have all facades consisting of primarily brick or stone. H. All fueling stations must be accompanied by, or located on a parcel with, a building with a heated floor area of no less than 5,000 square feet. This building shall contain at least two (2) suites. 3.2.20 Funeral Homes, Mortuaries, and Crematoriums A. All funeral homes and mortuaries, with or without crematoriums, shall satisfy applicable assembly use restrictions and provide designated and adequate off-street vehicle queuing space pursuant to the facility capacity: 1. Facility containing less than 100 seats: Minimum one queuing area at least 100 feet in length. 2. Facility containing between 100 and 200 seats: Minimum one queueing area at least 150 feet in length. 3. Facility containing greater than 200 seats: No less than ten (10) linear feet of queueing area for every ten (10) seats, rounded up to the nearest ten linear feet. No queueing area less than 100 feet in length shall count towards satisfying this requirement. In no event shall greater than 500 linear feet of queuing area be required. 3.2.21 Golf Courses and Driving Ranges A. The following land uses shall be considered accessory to a golf course or driving range, provided they are secondary to the principal function of the property as a golf course or driving range: 1. A clubhouse, which may include the sale of sports equipment, golf accessories, and food and beverages. 2. An equipment building for maintenance, minor repairs, and storage B. All golf courses shall be par three (3), executive, private, semi-private, or regulation. C. Site design standards for golf courses and driving ranges are provided in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum building/structure setback from any parcels zoned or used residentially 100 feet Safety netting for driving ranges Required on the entire perimeter of the playing area abutting public streets or any adjacent property; Minimum of 40 feet in height. Outdoor lighting for driving range, tees, greens, and fairways Directed and shielded to avoid illumination of properties used or zoned for residential purposes. Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property. Outdoor lighting shall be turned off not later than 10:00 p.m. Loudspeakers or paging systems Prohibited CHAPTER 3: USE REGULATIONS Page 77 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Outdoor storage and loading areas Fully screened from view from adjacent properties and from the public right-of-way Golf cart crossings Shall be plainly marked and located for safety of both the cart users and persons using sidewalks or streets that are crossed. 3.2.22 Home Occupations A. Exclusions. The following uses are not considered home occupations and are not subject to the home occupation regulations of this section. Each use is allowed as indicated in the land use table and shall be subject to applicable use regulations outlined in this UDC. 1. Personal Care Homes. 2. Day Care. 3. Bed and Breakfast. 4. Short-Term Rentals. B. Prohibited Home Occupations. The following uses are expressly prohibited as home occupations: 1. Any type of assembly, cleaning, maintenance, or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators); and, 2. Dispatch centers or other businesses where employees come to the site and are dispatched to other locations; and, 3. Vehicle sharing and rental services, including but not limited to the rental, lease, storage, staging, dispatch, pickup, or return of motor vehicles by persons not residing on the property, including peerto-peer vehicle sharing or similar services; and, 4. Equipment or supply rental businesses; and, 5. Taxi, limo, van, or bus services; and, 6. Tow truck services; and, 7. Moto vehicle sales or rentals, remote; and 8. Firearms sales establishment; and, 9. Eating or drinking places; and, 10. Funeral or interment services; and, 11. Animal care, grooming, or boarding businesses; 12. Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and 13. Family day care centers, as defined in this UDC. C. All home occupations shall be subject to the following requirements: 1. Only the residents of the dwelling may be engaged in the home occupation. 2. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the residential character of the building. CHAPTER 3: USE REGULATIONS Page 78 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. No display of products shall be visible from the street except agricultural products that are grown on the premises in a RR zoning district. Only products that are produced or harvested on the premises may be sold on the premises. 4. No signs shall be allowed for identifying the premises as a home occupation, except in the RR district. 5. Use of a dwelling for a home occupation shall not exceed twenty-five percent (25%) of the total heated floor area. 6. No interior or exterior alterations that are inconsistent with the residential use of the building shall be permitted. 7. No outdoor storage of materials to be used in connection with a home occupation is permitted, except in an RR district, where outdoor storage is permitted behind the rear plane of the principal building. To the extent that large or hazardous materials are used by a home occupation, the applicant shall be required to store such materials at a site other than the home occupation, consistent with applicable zoning and land use laws. 8. No accessory buildings shall be used in connection with the home occupation except for agricultural functions. 9. Applicants shall not be allowed to have customers visit the home occupation, except as follows: a. The conduct of a home occupation involving rendering of services, such as those listed below, will be allowed subject to the following limitation(s): i. Instruction in music and similar subjects, beauty shops, barber shops, manicurists, and similar occupations shall be limited to two (2) clients at a time, subject to further restrictions for certain types of businesses. b. Any service provider conducting a home occupation under this section shall not be allowed to market and sell goods or products on the premises of the home occupation. c. Nothing in this section shall preclude the owner of a home occupation from meeting customers at a site other than the home occupation, consistent with applicable zoning and land use laws. 10. Only passenger vehicles, pickup trucks, vans, and trailers that are pulled by such vehicles may be used in connection with the management of a home occupation. trailers shall be stored in a garage or accessory structure when they are not in use, and no vehicle or trailer shall feature commercial advertising or marks identifying a commercial use of said vehicle. 11. All home occupations shall obtain an occupational tax certificate, or business license, from the city. The City Clerk is hereby authorized to accept applications and either grant the same if an applicant demonstrates compliance with the requirements of this section or refer the matter to the Mayor and City Council for action. 12. Agricultural activities that are associated with the raising of crops and farm animals on properties which are over three (3) acres in size shall not be subject to the requirements for home occupations. 13. The city reserves the right to establish sanitation rates for home occupations that are higher than those for residential customers generally. All home occupations shall pay for sanitation services at the higher rate, and in a timely manner, or face the revocation of a previously-issued occupational tax certificate, denial of the rights to engage in a home occupation in the future, or any other civil CHAPTER 3: USE REGULATIONS Page 79 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy penalties that are authorized by law. 3.2.23 Hospitals A. Site design standards for hospitals are provided in the table below. Development Feature Minimum site area Minimum setbacks, at side and rear property lines Emergency vehicle access 3.2.24 Standard Five (5) acres 50 feet Shall not face residentially zoned properties Keeping or Raising of Livestock A. The keeping or raising of livestock shall not occur on any lot measuring less than three (3) acres. B. The keeping or raising of animals or fowl shall be subject to all regulations of the Henry County Health Department and the Henry County Animal Control Ordinance. 3.2.25 Livestock Processing and Feedlots A. Livestock processing and feedlots shall meet applicable State and Federal standards for confinement feeding operations. B. A planted buffer no less than 100 hundred feet in width is required at all side and rear property lines. 3.2.26 Mines and Quarries A. Where an existing quarry is proposed for extension or expansion beyond the property lines of the quarry area, such extension or expansion shall be considered as a new operation and require a special use permit, subject to the standards that are set forth in this section. B. The area where mining or quarrying operations are conducted shall be fully enclosed with a fence or wall, and they must meet the following requirements: 1. The fence or wall shall be located at least ten (10) feet from the edge of any excavation. 2. The fence or wall shall be designed and installed to ensure safety and security of the site, maintaining a minimum height of eight (8) feet. C. Product piles, spoil piles, or any other accumulation of by-products shall not exceed thirty-five (35) feet in height above the original contour of the site. D. A mining land use plan, conforming to the requirements of Federal and State law, shall be required prior to the approval of any mining or quarrying activity. 3.2.27 Nursing Homes, Assisted Living, and Hospice Care Facilities A. Prior to the establishment of a nursing home, assisted living, or hospice facility, the applicant shall complete the formal application process. Each application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of the facility from the State of Georgia Department of Community Health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable State and Federal laws and regulations and with all UDCs and regulations of the city. CHAPTER 3: USE REGULATIONS Page 80 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. All application forms and information submitted to the State of Georgia Department of Community Health shall also be provided to the City at the time of application. C. The Director may require clarification or additional information from the applicant that is deemed necessary to determine whether operation will meet applicable laws, regulations and development standards. D. If the Director determines that an application to operate the facility is in compliance with the applicable requirements, they shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of the facility from the State of Georgia Department of Community Health. E. No permit for the operation of the facility shall be transferable. F. No nursing home, assisted living, or hospice facility shall be located within 1,000 feet of any other facility of the same type. Distances shall be measured in a straight line from the closest property lines upon which each facility is located. G. All such facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of such facilities, whichever is greater. H. The site design standards presented in the table below are required for nursing homes, assisted living, and hospice care facilities. Development Feature Minimum site area Minimum setbacks at side and rear property lines Place of operation Number of children or adults Hours of operation Minimum buffer width 3.2.28 Standard One (1) acre 50 feet Freestanding structure, or within a religious facility provided a special use permit has been obtained Two (2) or more to be operational Required to be open for 24 hours (with 24-hour supervision required for all residents) 50-foot planted buffers, when located adjacent to a residential zoning district Outdoor Storage A. The outdoor storage regulations of this section apply to the storage of goods, materials, and equipment as an accessory use to commercial or industrial use types, as identified on the land use table, when located outside of enclosed buildings, including but not limited to: 1. Materials in boxes, in crates, or on pallets. 2. The storage of vehicles and engine powered devices for greater than 24 continuous hours. 3. Construction, landscaping, and contractor equipment. 4. Fleet vehicles and moving vehicles. 5. Construction and landscaping materials such as lumber, pipe, steel, dirt, mulch, recycled material, or similar items. 6. Garbage, landscape waste, and rubbish. B. On lots in the RR district, accessory outdoor storage shall not occur on parcels less than two (2) acres in CHAPTER 3: USE REGULATIONS Page 81 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy land area. C. Accessory outdoor storage shall not be located within any minimum required front yard and shall not extend closer to the front property line than the front plane of the principal building located on the subject property. D. Accessory outdoor storage areas shall be fully enclosed at minimum by a fence not less than six (6) feet in height containing opaque material to provide visual screening. Operable fleet vehicles do not require screening. E. Accessory outdoor storage shall not occur within any minimum required landscape strip or zoning buffer. F. The following principal land use types shall be exempt from the provisions of this section, provided they meet other applicable requirements of this Chapter: 1. Bona fide car dealerships that are registered with the State. 2. Junk yards and salvage yards. 3. Truck staging facilities. 4. Truck storage facilities. 3.2.29 Personal Care Homes, Group Homes, and Boarding Homes A. Each personal care home, boarding home, and group home shall be subject to the following requirements: 1. All regulated facilities shall comply with State regulations, building UDCs, and life safety requirements, and acquire applicable State licenses, prior to operation. 2. The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs shall be erected. 3. All facilities must apply for and receive a city business license prior to operation. 4. The following development requirements shall also be satisfied, outlined in the table below. Development Feature Standard Minimum site area Residential—1 acre Non-residential—30,000 square feet Minimum distance from similar facility 1,500 feet Fence requirement In residential districts, properties must have a fenced rear yard 3.2.30 Places of Assembly A. Requirements Applicable to All Places of Assembly. 1. Facilities and structures considered to be places of assembly are provided in the land use table of this chapter. 2. All places of assembly designed to serve more than 50 persons at any given time (whether or not the place of assembly is actually occupied by more than fifty (50) persons), shall meet the following requirements: CHAPTER 3: USE REGULATIONS Page 82 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy a. Be located on a lot fronting an arterial or collector street; and b. Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less than 200 feet. In the case of parcels of land containing multiple tenants, the total land area shall be prorated among the tenant spaces based on square footage of each tenant space. In such cases, the prorated area for the place of assembly shall be not less than two (2) acres in area. 3. Outdoor amusement facilities, including but not limited to miniature golf, carnivals, and go-kart tracks, may include accessory land uses such as the sale of retail goods, food, and beverages. All retail and food and drink sale activities shall be contained within the facility and shall not be accessible to the general public, absent entrance into the facility. 4. Master Site Plan Required. A master site plan shall be provided to the Community Development Department prior to the issuance of any building or development permit for a place of assembly or its accessory land uses. At minimum, this plan shall identify/indicate the following: a. The principal use and each accessory use that is proposed on the site. b. The hours of operation and the peak times of use (parking demand) for the primary use, as well as for and each accessory use on the site. c. A parking plan to show areas that are designated for overflow parking during times of extraordinary use (such as festival or holiday periods). 5. Nothing in this section shall be deemed to amend or otherwise alter any life safety UDC or any other provision of this UDC unless expressly provided for herein. B. Specific Site Design Requirements. This subsection sets forth specific site design standards required in addition to those of the zoning district in which the use is proposed and those stated above, applicable to the places of assembly uses listed in the table below. Place of Assembly: Outdoor Assembly Operations (to include fairgrounds, outdoor amusements, amphitheaters, civic centers, convention centers, rodeos, and outdoor armories) Development Feature Standard Minimum site area Two (2) acres Minimum setbacks for buildings: Abutting any parcels zoned or used residentially 125 feet Abutting all other parcels 75 feet Minimum setback for outdoor stage or performance area: Abutting any parcels zoned or used residentially 600 feet Abutting all other parcels 200 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially: 200 feet CHAPTER 3: USE REGULATIONS Page 83 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Parking lot design Aisles may be paved; spaces may be paved, grass, dirt, or gravel Minimum buffer 50 feet wide buffer as specified in this UDC, plus a wall with noise abatement features Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from any residentially zoned property Refuse and solid waste containers Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 100 feet from all property lines Sanitation facilities, temporary or permanent Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from all property lines Vibration or electromagnetic interference Shall not be detectable on adjacent properties Place of Assembly: Indoor Assembly Operations (to include convention center, civic centers, centers for performing arts, and indoor armories) Development Feature Standard Minimum site area Five (5) acres Minimum setback for buildings: Abutting any parcels zoned or used residentially 100 feet Abutting all other parcels 50 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially 100 feet Access management traffic flow Designed to avoid residential and local streets Minimum buffer 25-foot-wide planted buffer Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Fully screened from view from adjacent properties and the public right-of-way Setback a minimum of 100 feet from residentially zoned property Vibration or electromagnetic interference Shall not be detectable on adjacent properties CHAPTER 3: USE REGULATIONS Page 84 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Place of Assembly: Athletic Fields Development Feature Standard Minimum site area Two (2) acres Minimum road frontage 100 feet Minimum buffers (sides and rear) 20-foot-wide planted buffer Building and structure materials Brick, stone, stucco, glass, cement fiberboard or masonry materials compatible with structures in the surrounding area Building setbacks 50 feet from all property lines Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Place of Assembly: Place of Worship (On properties containing places of worship, uses and activities other than worship shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall operate in accordance with all applicable local and state requirements/licensing. Additionally, accessory uses shall be subject to relevant specific use standards outlined in this chapter.) Development Feature Standard Minimum site area Two (2) acres Minimum buffers (sides and rear) 20-foot-wide planted buffer Building setbacks 50 feet from all property lines Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Place of Assembly: Lodges and Event Facilities Development Feature Standard Minimum site area Two (2) acres Minimum lot width 200 feet Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Drop-off and pick-up areas Designed and located away from residential areas and separated from parking areas 3.2.31 Relocated Structures A. Except as provided in this section, no application for a relocated structure permit shall be approved, nor shall any structure be moved or occupied prior to meeting all requirements of this section. B. For the purposes of this Section, a relocated dwelling shall be defined as a pre-existing structure which has been moved to another property or to a different location on the same property. Factory-built modular CHAPTER 3: USE REGULATIONS Page 85 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy and manufactured homes are exempt from this section. C. All structure relocation proposals shall demonstrate compliance with the regulations of the zoning district they will be moved to prior to commencement of relocation activities. D. All structure relocation proposals shall obtain Henry County Health Department approval prior to commencement of relocation activities. E. No building permit application for a relocated structure shall be approved until a complete inspection of the structure is completed by the City. An application for a relocated structure inspection shall be completed on forms that are provided by the City prior to any request for inspection. The inspection shall determine compliance or the feasibility of the compliance to all existing building UDCs, development UDCs, and ordinances which have been adopted by the City. Depending upon the size, age, condition or design of the structure, additional assessments may be required by a structural engineer to evaluate the suitability of the structure for relocating. The engineering inspection and report fee for the relocated structure shall be paid by the applicant. If the City determines that compliance with existing UDCs is not feasible, the application for the building permit shall be denied. All such denials shall be in writing specifying the reasons therefore and shall be signed by the Director. F. Following relocation of the structure and prior to and for re-inspecting, the owner of the relocated structure shall, at the owner's choice, remove either the interior wall covering on all exterior walls or the exterior wall covering on all exterior walls. If necessary, and at the direction of the Director regarding the interior load-bearing walls, the owner shall remove one (1) side of these interior walls and the city shall then re-inspect the structure to ensure that its structural integrity has not been compromised and that any required improvements remain feasible. G. The inspection fee shall be as set forth in the fee schedule established by the City which shall be paid prior to any inspections. H. To ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within six (6) months from the date of issuance of the building permit, the owner of the relocated structure shall provide an irrevocable letter of credit or irrevocable bank escrow letter of surety in the amount of ten thousand dollars ($10,000.00) in a form that is approved by the city attorney. Such irrevocable letters of credit or irrevocable bank escrow letters of surety shall be issued from a federally insured banking institution. I. A building permit shall be obtained from the building safety division for a relocated structure prior to locating such structure on a lot. The fee for the permit shall be as set forth in the City of Stockbridge fee schedule. J. All applications for permit shall be accompanied by a sworn affidavit that the applicant is the owner of the relocated structure and the owner of real property on which the structure is to be relocated. K. Certification of Occupancy. A certificate of occupancy shall be issued upon the passing of a final inspection of a structure and shall verify the completion requirements of this section, including compliance with all existing building and life safety UDCs. L. Route approval shall be required as provided below: 1. Prior to the issuance of a permit for a relocated structure, the applicant must first submit and receive approval from the police department and the City of Stockbridge regarding the proposed route. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, description of the proposed route, and CHAPTER 3: USE REGULATIONS Page 86 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy proof of sufficient insurance. Such approval and information must be on forms that are furnished by the Director. 2. Prior to moving a pre-existing structure through the City to a location outside of the jurisdictional limits, routes must be approved by the police department and the City of Stockbridge on forms provided by the director. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, map of the proposed route and insurance company. If a police escort is necessary, it must be prearranged with the police department no less than three (3) business days prior to moving a structure through the City of Stockbridge. M. Any firm or individual who is moving structures into or through the City of Stockbridge shall provide a valid copy of the Georgia Department of Transportation oversize/overweight permit for the structures and a certificate of liability insurance, naming the City of Stockbridge as the certificate holder, that meets or exceeds the minimum insurance standards that are required by the Georgia Department of Transportation. N. No application for a building permit shall be approved until a performance bond, an irrevocable letter of credit, or an irrevocable bank escrow letter of surety is first provided as required by this Section. O. The work that is authorized by any permit for a relocated structure must be completed in compliance with all UDCs and ordinances of the City of Stockbridge within six (6) months from the date of issuance of the building permit, unless it is extended as provided herein. In the event that such a structure is not in compliance and/or is not completed within the specified time limit, the building official shall notify the owner in writing, giving specific causes of noncompliance or non-completion. Upon notification, the owner shall have 30 calendar days to correct such noncompliance or non-completion. Failure of the owner to correct causes of noncompliance or non-completion, and the owner has not received an extension of completion time, shall cause a notice to move or demolish such structure to be issued to the owner immediately. Failure to move or demolish such structure within ten (10) calendar days of such notice being given shall be deemed a violation of this section and shall be punishable in the municipal court of the City of Stockbridge and the director shall authorize the surety or bank issuing the irrevocable letter of credit or escrow letter of surety to release all funds to the City. P. The Director may issue a 90 day extension of completion time for cause beyond the original six-month compliance/completion period upon the receipt of a written request by the owner stating the reason for the extension and payment of applicable fees. A second ninety-day extension may be issued following the first ninety-day extension upon written request by the owner stating the reason for the second request. Approval or denial of an extension shall be in writing and authorized by the Building Official. Permission for a greater extension of time may only be granted through a formal decision by The Mayor and City Council following completion of an application for an extension. An extension of the irrevocable letter of credit, or irrevocable bank escrow letter of surety, may be required if sufficient time does not remain on the performance irrevocable letter of credit or irrevocable bank escrow letter of surety to ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within the specified time. Fees for each extension shall be as set forth by the City. 3.2.32 Roadside Produce Stands A. Roadside produce stands shall only sell vegetables, fruit, produce, eggs, jams, jellies, and other agricultural CHAPTER 3: USE REGULATIONS Page 87 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy products that are produced on the premises. Live poultry and livestock shall not be sold. B. Roadside produce stands shall meet the requirements provided below. Development Feature Standard Maximum area 500 square feet of total produce stand floor area per property Produce stand setback requirements 10 feet from rights-of-way; Minimum zoning district building setbacks shall be satisfied along all other property boundaries Parking Parking shall be provided out of the right-of-way; Parking areas shall be paved, gravel, or be of another dustfree surface Outdoor storage Fully screened from visibility from the right-of-way Exterior lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property 3.2.33 Salvage Yards and/or Junkyards A. Sanitary landfills shall not be permitted as part of a salvage yard or junkyard use. B. The site design standards for salvage yards and junkyards are set forth in the table below. Development Feature Standard Minimum site area Two (2) acres Minimum setback from any abutting parcels zoned or used residentially 200 feet Minimum setback from all other abutting parcels 100 feet Screening required Opaque wall or fence not less than 6 feet in height Storage of salvaged or junk materials Shall not exceed the height of the fence or wall Planted buffers 40 feet wide along all property lines 3.2.34 Schools, Academic, Public or Private A. Schools shall satisfy the site design standards presented in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum lot width 200 feet Minimum planted buffers 20 feet wide or zoning district standards, whichever is greater Outdoor recreation areas Setback a minimum of 75 feet from any abutting parcels zoned or used residentially; Fully enclosed by a solid decorative fence, a minimum of four (4) feet in height. Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property CHAPTER 3: USE REGULATIONS Page 88 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Drop-off and pick-up areas 3.2.35 Designed and located away from residential areas and separated from parking areas Self-Service Storage Facilities A. Self-service storage facilities are intended for the passive keeping of personal goods and items. No tenant, renter, lessee, or guest may conduct any of the following activities on facility grounds: 1. Retail sales. 2. Manufacturing, fabrication, processing, and similar industrial activities. 3. Repair services. 4. Professional, vocational, academic, musical, or arts instruction or training. 5. Establishment of an office or administrative facility. 6. Storage of flammable liquids, highly combustible or explosive materials, or hazardous wastes or chemicals. B. All self-service storage facilities shall satisfy the following site design requirements. Development Feature Standard Minimum site area 2.5 acres Minimum lot width 100 feet Minimum setbacks for buildings and outdoor storage areas: Front yard 75 feet Side yard 25 feet Rear yard 25 feet Planted buffer requirements: Abutting any parcels zoned or used residentially 40 feet Abutting any parcels zoned or used commercially 30 feet Abutting any parcels zoned or used industrially 10 feet Abutting all other parcels 15 feet Abutting an Interstate highway 75 feet Dumpsters and trash containers Fully screened from view from residentially zoned properties and public right-of-way Outdoor lighting where adjacent to residentially zoned districts Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property; Maximum height of 15 feet Loudspeakers and paging equipment Prohibited C. Security Personnel Residence. One (1) security personnel residence may be established at the facility, pursuant to the following regulations: 1. The residence shall only be occupied by employees of the facility during their assigned times of duty. 2. The residence shall not be a full-time residence. CHAPTER 3: USE REGULATIONS Page 89 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. The residence shall be site-built and have an exterior construction of brick, stone stucco, fiber cement, or materials that match that of the surrounding facility. D. All buildings and structures at self-service storage facility shall satisfy the following design standards: Development Feature Standard Building separation (two or more buildings on the site) 12 feet Overhead access doors Shall not be visible from residentially zoned property, commercially zoned property, or the public right-of-way Storage bays: Minimum size Four (4) feet by four (4) feet (16 square feet) Maximum size 20 feet by 80 feet (1,600 square feet) Maximum building height, including all roofmounted air conditioning and other equipment 35 feet Exterior facade Fully consistent with color, materials, and design of buildings in the surrounding area. Metal exterior walls are prohibited. Roof design Type of roof, roof line, and roofing materials shall be fully consistent with buildings in the surrounding area E. Self-service storage is permitted outside of enclosed building pursuant to the following requirements: 1. No vehicles, trailers, or shipping containers shall be stored except for boats on trailers and recreational vehicles. 2. No greater than 15% of the site area shall be utilized for outdoor self-storage. 3. Such areas shall be enclosed by fences or walls that maintain heights no less than six (6) feet. a. Access points shall be gated and either be physically staffed or equipped with a functional keyless entry system. b. The fence or wall shall consist of brick, stone, masonry, wood, chain link, or a similar decorative material. c. If the facility at-large is fenced or walled to these requirements, no additional fences or walls shall be required. F. The interior of a self-service storage facility shall be designed to allow for the circulation of users and their vehicles pursuant to the following requirements. 1. The minimum traffic lane width shall be 25 feet. 2. There shall be no drive-aisles or parking areas located in any required buffer area or within the designated rights-of-way. G. A landscape strip no less than ten (10) feet in depth shall be established along all abutting rights-of-way and private streets. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch. 2. At least one (1) tree for every 20 linear feet shall be placed. No tree shall be planted less than ten (10) feet from another. All trees shall measure at least six (6) feet in height at the time of planting. CHAPTER 3: USE REGULATIONS Page 90 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. At least one (1) shrub for every five (5) linear feet shall be placed. All shrubs shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 4. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. H. No less than 15% of the self-service storage facility land area shall be occupied by the sum of the following features: 1. Planted buffers. 2. Landscape strips. 3. Undisturbed tree stands. 4. 3.2.36 Other planted areas containing a mix of trees and shrubs. Senior Adult Housing A. Senior adult housing must be designated age-restricted adult housing and shall satisfy the following requirements. 1. Housing units located in RR, NR, and SR zoning districts shall be single-family detached dwellings. 2. Housing units located in all other zoning districts shall be single-family attached, duplex, triplex, quadplex, or multi-family dwellings. 3. The development shall include a minimum of 20 dwelling units. 4. No less than 40% of the gross site area shall be open space. The open space shall provide the following open space amenities pursuant to the number of dwelling units proposed. a. Developments containing fewer than 50 units shall provide paved pedestrian paths totaling not less than 800 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (2) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. b. Developments containing 50 to 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,200 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 5,000 square feet. c. Developments containing greater than 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,500 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 7,500 square feet. B. At least one (1) on-site community building or clubhouse shall be provided pursuant to the number of dwelling units proposed.: CHAPTER 3: USE REGULATIONS Page 91 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1. Less than 50 dwelling units: Minimum community building or clubhouse space heated floor area of 1,000 square feet. 2. 50 to 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet. 3. Greater than 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet, in addition to ten (10) square feet of heated floor area per additional dwelling unit beyond 120. C. Within phased senior adult housing development, open space and resident amenity requirements shall be satisfied within each phase of development. The developer shall provide a development phase master plan prior to the approval of any land disturbance permit. D. Prior to land disturbance permit approval, the developer shall establish how the age restrictions will be implemented and maintained over time. If the development is anything other than a rental community under single ownership, a common entity such as a condominium association, a homeowners' association, or a property management company shall be established to maintain and enforce the age restrictions in addition to the City of Stockbridge enforcement of zoning regulations. E. The following minimum dwelling unit floor area requirements shall be satisfied. 1. No dwelling unit shall have a heated floor area less than 1,000 square feet. 2. At least 75% of all dwelling units shall have a heated floor area greater than 1,200 square feet. F. All open space, common areas, and related improvements shall be fully accessible and shall be managed and maintained by the owner of the development or a common entity such as a condominium association, or a homeowner's association. G. Senior adult housing developments shall be designed for residents with physical disabilities and limitations. The minimum accessibility standards shall be satisfied 1. "No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch) access to the front door entrance to all dwelling units and community buildings is required. If a no-step front entrance is not feasible, an alternate no-step walkway to the front floor may be approved. 2. A door not less than three (3) feet wide front door with exterior lighting at the entrance is required. Exterior doors shall be provided with an artificial light source located in the immediate vicinity of the exterior door. The illumination of the exterior light shall be controlled from inside the dwelling, except for lights that are continuously illuminated or automatically controlled. 3. All interior doorways must have a minimum of 32 inch clear width in the open position, typically a 36 inch door. 4. A 36 inch fully accessible route must connect throughout the floor which is served by the front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch. 5. A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom, shall be located on the floor served by the front door of the dwelling unit. 6. Lever handles are required on all interior and exterior doors. CHAPTER 3: USE REGULATIONS Page 92 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 7. Clear floor space of 30 inches by 48 inches shall be provided and centered on each appliance and fixture in the kitchen. Floor space can overlap. 8. Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the toilet, tub, and shower stall; and of wall-hung bench shower seat. 9. Maneuvering space shall be provided within the bathroom to permit a person using a mobility aid to enter the room, close the door, and reopen the door with a clear floor space of 30 inches by 48 inches. Clear floor space of 30 inches by 48 inches shall be provided and centered on each fixture in the bathroom. Floor space may overlap. 10. Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for a reaching range of a minimum of 15 inches to a maximum of 48 inches above the floor. Such wallmounted devices shall be of a contrasting color with the wall. 11. Accessible sidewalks shall be provided between parking areas and pedestrian entrances to dwelling units and all other buildings and structures in the development that may be accessed by residents. These routes shall be a minimum of five (5) feet wide, allowing mobility-enhancing devices to meet and pass safely. 3.2.37 Small Box Discount Stores A. So that small box discount stores shall not be highly concentrated, no such store may be established on a parcel within two (2) miles of any other parcel containing a small box discount store, measured as a straight line separating the nearest point of each lot. This proximity requirement shall be reduced to one (1) mile if the most proximate small box discount store or stores are located outside the jurisdictional limits of the City of Stockbridge.3.2.38 Solar Energy Systems A. Any Solar Energy System (SES) that, prior to the effective date of the ordinance from which this section is derived; is in operation, is being lawfully sited, constructed, or installed; or has caused the incurrence of substantial liabilities relating to siting, construction, or installation; shall be exempt from complying with these supplemental regulations unless the surface area of an integrated SES or rooftop SES or the footprint of a ground mounted SES is increased by more than 10% after the effective date of the ordinance from which this section is derived. 1. B. The following requirements apply to all Solar Energy System (SES) facilities: 1. The maximum height of a ground mounted SES facility or parking lot solar canopy shall not exceed the maximum building height for accessory buildings and structures of the designated zoning district, or 20 feet, whichever is less. 2. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the UDC’s impervious surface coverage requirements, the panels of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil. 3. Lighting fixtures at SES facilities shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. CHAPTER 3: USE REGULATIONS Page 93 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4. A rooftop mounted SES shall not be located on the front slope of a pitched roof of the principal structure. The City may require sun and shadow diagrams specific to the installation to approve alternative placement. 5. Buffers and Screening. All ground-mounted, intermediate, and large-scale SES facilities shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. The existing natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. 6. Decommissioning. Decommissioning of a SES shall begin no later than 12 months after a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use. C. Intermediate and Large-Scale SES. The following requirements apply to Intermediate and Large-Scale Solar Energy Systems, in addition to the general requirements set forth in this section. 1. All buildings and structures at intermediate and large-scale SES facilities shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 2. Any intermediate scale SES facility shall be located no closer than 50 feet to any abutting parcels zoned or used residentially. 3. Any large-scale SES facility building or structure shall be located no closer than 100 feet to any abutting parcels zoned or used residentially. 4. Intermediate and large-scale SES facilities shall display advisory signage to include the following information, at minimum: a. A statement to the risks that may result from physical contact with, or entry into, the subject SES facility; b. The owner or operator of the subject SES facility; and c. A twenty-four-hour emergency contact phone number. D. Ground Mounted SES. The following area requirements apply to all ground mounted SES facilities: 1. Within residential zoning districts, a ground-mounted solar energy system shall not exceed 25% of the footprint of the principal building served. 2. Within non-residential zoning districts, a ground-mounted solar energy system shall not exceed 50% of the footprint of the principal building served. 3. A ground mounted SES shall not be located within the required front yard of a lot, nor within a right- of-way, and should be located to prevent conflicts with utility areas or easements. 4. A ground mounted SES shall not be located over a septic system, leach field area, or identified reserve unless explicitly approved by the Health Department. E. Commented [DS36]: Should these be exempt from bufering 1. Solar carports, or solar panels over parking lots, are typically an elevated structure with solar roofs Parking Lot Solar Carports CHAPTER 3: USE REGULATIONS Page 94 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy over parking areas. 2. A solar carport shall maintain a setback of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 3.2.39 Swimming Pools A. Swimming pools are considered accessory structures and shall comply with all accessory structure regulations provided in this UDC, in addition to those dedicated specifically to swimming pools in this Section. B. Pool heaters and pumps shall not be located in a front yard and shall maintain a setback of at least ten (10) feet from all property lines. C. Swimming pools shall be entirely located behind the rear plane of the principal building, and minimum of ten (10) feet of separation from rear lot lines and 12 feet of separation from side lot lines, as measured from the outermost edge of the swimming pool or any associated deck or stairs. D. Pools shall be enclosed by a wall or fence of at least four (4) feet in height and comply with all applicable fence and wall regulations. E. Public, commercial, and resident amenity area swimming pools shall satisfy the additional following requirements: 1. Such pools shall not be founded absent written approval from the Henry County Health Department. 2. The pool area shall be enclosed by a security fence of not less than five (5) feet in height and feature decorative landscaping along the perimeter of the fence. Shrubs or trees shall be planted along the perimeter of the fence at a maximum separation of 20 feet. Plantings shall be no less than two (2) feet tall at the time of installation. 3. Security fences shall be transparent and shall not obstruct the view of the pool from the outside. 4. Swimming pools and associated structures shall comply with all setback requirements of the subject underlying zoning district. 3.2.40 Temporary Buildings and Structures A. Temporary buildings and structures, and the land uses contained therein shall be permitted during times when property is being developed. Temporary building and structures shall satisfy the following requirements. B. A building permit shall be required prior to temporary structure or building installation. C. Temporary buildings and structures installed on a site for multi-unit residential development shall be removed before 80% of all lots are occupied by completed dwelling units, or within four (4) years of permit issuance for the subject building or structure, whichever occurs first. For all types of projects, if construction becomes inactive for 12 months, then any existing temporary units must be removed within the next 90 days. 1. The Director may issue a one-time, one (1) year extension of completion time for cause beyond the original completion period upon written request by the owner which includes the reason for the request and an updated account of completed houses within the subdivision. CHAPTER 3: USE REGULATIONS Page 95 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Extension approval shall be substantiated, at least in part, by verification that all required erosion control measures are in place. Applicants shall apply for the one-time extension within 30 business days of the expiration date of the temporary structure permit. If granted, extensions shall be in writing and signed by the building official within ten (10) business days. Extension approvals may be subject to a renewal fee as established in the City fee schedule. D. Temporary offices to be used for administrative functions during construction may be located on a construction site. The proposed construction building shall meet tie-down requirements for mobile home structures and have a current Contract for sewage pump-out. Construction buildings shall be removed within 30 days of completion of the construction site for which they are permitted. E. Outdoor storage of equipment and construction materials shall be allowed on-site during the period of construction. F. Construction and demolition debris dumpsters are allowed, provided that an active building permit is maintained. Such dumpsters shall be removed within ten (10) calendar days of issuance of a Certificate of Occupation (C.O.), or expiration of the building permit, whichever comes first. Temporary construction dumpsters shall not be required to be screened. G. A temporary sales or marketing office is permitted, subject to the requirements of this UDC. The office shall only be used for the sale, resale or marketing of dwellings, structures or property within the development in which it is located, or adjacent developments under the same ownership and control. H. Temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be permitted. 3.2.41 Tiny House Village Development A. Purpose and Intent. 1. The purpose of this Section is to allow Tiny House Village Developments as compact, permanent residential neighborhoods consisting of detached dwellings arranged around common open space, pedestrian connections, and shared community amenities. 2. It is the intent of the City to promote housing variety, efficient use of land and public infrastructure, high-quality residential design, compatibility with surrounding neighborhoods, and safe long-term occupancy while avoiding adverse impacts on adjacent properties and public facilities. B. Applicability. Review, and Site Plan Requirements. 1. A Tiny House Village Development shall be permitted only in the zoning districts identified in Table 3.1, B, Land Uses and shall comply with this Section, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or certificate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit locations, setbacks, building separation, common open space, Village Center amenities, sidewalks and pedestrian connections, parking areas, refuse areas, utility layout, stormwater facilities, fire access, hydrant locations, landscaping, buffers, lighting, phasing, and proposed ownership and maintenance documents. 4. No Tiny House shall be occupied until all required permits, inspections, utility connections, access CHAPTER 3: USE REGULATIONS Page 96 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy improvements, and certificates of occupancy have been issued in accordance with applicable law. C. Density and Development Standards. 1. All tiny house village developments shall satisfy the following site design requirements. Standard Tiny House Cottage Home Floor Area Not less than 450 square feet and not more than 600 square feet, excluding lofts, attached porches, garages, and accessory structures. Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Building Code Treatment Shall comply with applicable residential building code provisions for tiny houses, including any locally adopted tiny house appendix or alternative-materials approval accepted by the Building Official. Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 48 square feet. At least 60 square feet. Common Open Space At least 300 square feet per Tiny House. At least 400 square feet per Cottage Home. Parking At least one (1) off-street parking space per Tiny House, unless otherwise approved pursuant to the UDC. At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. D. Size. The development shall have a minimum site area of three (3) acres. E. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. F. Development Size. Tiny House and Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. G. Building Size Categories. For purposes of this Section, a Tiny House shall contain not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. H. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. 1. A minimum of three hundred (300) square feet of common open space shall be provided for each Tiny House, and a minimum of four hundred (400) square feet of common open space shall be provided for each Cottage Home. 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Tiny Houses and Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. CHAPTER 3: USE REGULATIONS Page 97 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4. Every Tiny House and Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Tiny Houses or Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. I. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. J. Village Center. 1. Every Tiny House Village Development shall provide a centrally located Village Center. 2. The Village Center shall serve as the focal gathering space for the development. 3. The Village Center shall include not fewer than two (2) of the following: a. Community lawn; b. Pavilion; c. Playground; d. Community garden ; e. Fire pit; f. Picnic area; g. Mail kiosk; h. Clubhouse; i. Dog park; or j. Walking trail(s) 4. The Village Center shall be connected to every dwelling unit by a continuous ADA-accessible sidewalk network. K. Landscaping. 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. CHAPTER 3: USE REGULATIONS Page 98 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Tiny House Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. L. Parking Design. 1. A minimum of one (1) off-street parking space shall be provided for each Tiny House, and a minimum of two (2) off-street parking spaces shall be provided for each Cottage Home, unless a different parking requirement, reduction, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Tiny House Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; c. Decorative fencing in combination with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configurations that complement the pedestrian-oriented design of the development. 8. Parking areas shall not encroach into the village center. M. Setbacks. 1. Where a Tiny House fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) CHAPTER 3: USE REGULATIONS Page 99 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy feet. 2. Where a Tiny House fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. N. Lot Design. 1. Lot dimensions within a Tiny House Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Tiny House Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. O. Utilities. 1. All Tiny Houses shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. P. Prohibited Uses. 1. The following shall not be permitted within a Tiny House Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. Q. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas CHAPTER 3: USE REGULATIONS Page 100 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Tiny House Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Tiny House within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. R. Additional Development Standards. 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Tiny House shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Tiny House Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other lowimpact development (LID) practices is encouraged to reduce stormwater runoff. All Tiny House Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. S. Design Standards. 1. Building Orientation. Tiny Houses shall be oriented toward a public street, private street, Village Center, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. 2. Covered Front Porch. Each Tiny House shall include a covered front porch with a minimum area of forty-eight (48) square feet, and each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residentialquality materials approved by the Director. Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. CHAPTER 3: USE REGULATIONS Page 101 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 5. Building Entrances. The primary entrance of each Tiny House shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Tiny Houses shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. 11. Water Table Requirement. All side and rear elevations of tiny home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all tiny home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. T. Ownership and Maintenance. 1. Common open space and common facilities shall be required for all Tiny House Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. 4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. CHAPTER 3: USE REGULATIONS Page 102 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3.2.43 Wrecker Services A. Wrecker service facilities that do not include any outdoor storage or operations shall be exempt from the contents of this section. B. The site design standards for wrecker services are set forth in the table below. Development Feature Standard Minimum site area 2 acres Screening requirements Opaque wall or fence not less than 6 feet in height Outdoor storage placement Outdoor storage areas shall not be established closer to the front property line than the front plane of the principal building Minimum planted buffer 15 feet wide for any portion of property adjacent to industrial zoned property; 30 feet wide abutting all other properties Storage of vehicles Towed vehicles shall be stored within an enclosed, secure area which shall not be accessible to the public. No wrecked vehicles shall be stacked within the storage area. Storage of non-business-related vehicles is prohibited. Storage areas shall be paved or graveled, and all driveways, drive aisles, and parking spaces shall be paved. Minimum heated floor area of office/primary structure 1,000 square feet. Building materials Masonry front facade Off-Street parking requirements All required off-street parking shall be located outside of any secured vehicle storage area. CHAPTER 3: USE REGULATIONS Page 103 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 4: DEVELOPMENT STANDARDS 4.1 Purpose and Intent A. The purpose of this Chapter is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly and harmonious growth and development of new and established neighborhoods. 2. Distribute population and traffic in a manner that will mitigate congestion and overcrowding. 3. Dedicate or reserve parks, squares, and recreational areas, accessible to all residents to serve as community focal points. 4. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote a pedestrian oriented atmosphere and civic awareness. 5. Provide for pleasing visual environments to ensure public health, safety and the general welfare to residents and visits of the City. 6. Ensure the proper location, bulk ,size, and scale of buildings and structures. 4.2 Applicability A. These regulations govern all property within the jurisdictional limits of Stockbridge. B. All new development within the jurisdiction of this UDC shall conform to the provisions of this Chapter. C. All redevelopment of, and alterations or additions to, existing buildings, structures, and sites within the jurisdiction of this UDC shall conform to the provisions of this Chapter, unless aClloom f the re3t7 ru]e: A public mefonlltoewdin[gDaS of the subject redevelopment or alteration: comment stated the older 1. The gross increase in heated floor area would not be greater than 25% cboumspi naer esds et so tthat atr et hneotitmi ne the of request; or 2. downtown should be required to The total cost of the work does not exceed 50% of the assessed proper t yimv aplruoevceo tmhpeairr ef dact ao dt eh sa .t Tah te international property the time of the request. maintenance code requires D. No construction or installation of improvements shall commence in a p r o p o s e dmdaei nv et elonpamn ec ne t oufn itb lutihl de i nlagnsd; disturbance permit has been approved and all applicable plats, construction plans, and specifications have been approved by the appropriate authorities. E. No building or other permits shall be issued for erection of a structure on any lot not of record until all requirements of this UDC have been met. 4.3 Site Design Standards 4.3.1 Dimensional Standard Compliance A. No greater than one (1) single-family dwelling unit may be constructed on any one parcel except as otherwise allowed in this UDC. CHAPTER 4: DEVELOPMENT STANDARDS Page 104 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. Except as specifically provided in this UDC, no parcel of land existing at the time of adoption of this UDC shall be reduced, subdivided, or otherwise altered to produce a parcel of land that does not comply with the minimum dimensional standards of the applicable zoning district. C. Land that is acquired, dedicated, or donated and accepted for public use is exempt from the requirements of this Chapter. 4.3.2 Encroachments A. The height limitations of this UDC, as imposed at the zoning district level, shall not apply to spires or other such structures, belfries, flagpoles, monuments, cupolas, domes, water towers, transmission towers, telecommunications towers, or other ornamental towers not intended for human occupancy. B. Nothing in this subsection shall preclude any height or dimensional requirement specific to any structure or feature type as provided in this UDC. C. Architectural features such as cornices, eaves, steps, landings, gutters, and fire escapes may encroach into a minimum required setback by no greater than three (3) feet, except where such projections would Commented [DS38]: The obstruct driveways, sidewalks, or access areas for emergency vehicles. existing UDC requires developments over five acres to 4.3.3 Open Space Requirements All developments A. requirements: p r o v i d e p u b l i c s p a c e equal to 1% with a cumulative parcel area greater than three (3) acres s u b j e c t t o t h e f o l l o w i n g of total proposed floor area. This requirement has been removed 1. Open spaces that are located within minimum required zoning buffers, sf troor wp ar ot epr oms ea dn a§g4e .m3 .e3n. t Please areas, or other areas that to not definitionally qualify as open space s h a lcl on no ift rcm ouw nthteotwhaerrdsp ublic-space satisfying this requirement. 2. Amenity Package Requirements found in Section 4.3.4, Amenity Package Requirements may be Commented [DS38R2]: We can counted towards meeting the open space requirement. go back to the 1 to 1 ratio 3. All minimum required open space shall consist of one or more of the f o l l o w i n g f e a t u r e s : h o w e v e r 3 0 h o mes at 1500 Active Recreation (e.g. playground, athletic courts, swimming poColo).mmented [DS38R3]: MHR a. requires 15% in Table 2.5.5, MUS C ed ss. reo qm uirm ese2n0t% , M[E UM re4q1u]i:reDsis1c0u% providing amenity package requirements for smaller c. Pedestrian paths or multi-use trails. Required sidewalk, bicycle f da cei vl i et i leos p, muelntit-su s(eG pL )a:ths greenways, trail connections, or public utility connections shall n o t co un t t ow a rd s t h e P l e a se c o n if r m t h a t developments minimum open space requirement. Extensions that are not p a rt coof natnaiandinopg tfeedwpelar nthoar n 100 lots or required public utility shall count towards the minimum open s puanc eit sreaqruei rienmteennit. t on a l l y exempt from d. Passive landscaped open space (e.g. nature trails, natural buffers). b. Open lawns or fields. 4. Open spaces shall be reasonably accessible to foot traffic. 5. If the associated development contains any residential dwelling units, no less than 50% of the minimum required open space shall be designed for active recreation and use. 6. Open space shall be protected in perpetuity by a binding legal instrument, as provided in Section 14.10, Requirements Regarding Ownership and Management of Open Space. CHAPTER 4: DEVELOPMENT STANDARDS Page 105 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4.3.4 Amenity Package Requirements A. Table 4.3.4, Amenity Package Requirements provides a summary of amenity requirements depending on the number of lots within the subdivision or units within a development. Table 4.3.4 – Amenity Package Requirements square feet gross sq. ft in size; and Dog park or Walking Commented [DS39R2]: The definition of open space is broken down into 5 categories including Additional Amenities Amenities Size floor area or mor e)Primar Trails recreation or active uses Required B. AdditionalyAmeni ties those minimum amenitie s required by Table 4.3.4, Amenity Required. In a ddition toRequire (category th f ol loBwand i g oC). p it We o n s :are Package R equirements, any additional ame d nities req uired shall be sele cted frorm eq u iri n g t h a t a t le a s t 50% of the 0 to 99 lots or units P oc k e t P a r k (s ). Th is can be At least o n e ( 1 ) fr o m 1. Athl e ti c c o u rt s o r if eld (A y combinati on of bu t n o t l im i te d to tennis, soocpcern, fsopoatcbealbl,ebacsakt tgboarlly, B or C . divided between multiple parks volleyball, or pickleball cou r ts) ; to be a com bined tota l of a Section 4.3.4, B Previously the requirement was 2. Commminuinmituymgaorfd1e,n50an 0 dsqre. lfte. citinon area; size; and 3. Community pool; Dog park or walking trails a 4. Dogmpianrikm; um of 1,500 sq. ft in size 100 to 149 lots 5. orreP FipoitckaentdPgartkh(es)r.inTgh iasrcean; be At least two (2) from unit divided Section 6. Fitness c nter;multiple parks to be a 4.3.4, B s between mpav ilion; 7. Picncicom arbeianewditthogtarillloafnadmcionvim erued of 2,500 sq. ft. in size; and 8. PlayDgroogupnadr; k or walking trails a mini mu m 9. Walking trail(s); of 2,500 sq. ft in size 150 to 299 lo1ts0.oPrarkAs;clubhouse a minimum of At least three (3) from Section 4.3.4, B 4,000 sq. units 11. Plazas; 12. Courtyards; 13. Pavilions; 14. Transit stops; 15. Any other amenity as approved by the Director. 4.3.5 Outdoor Lighting Standards A. Purpose and Intent. The intent of this UDC is to preserve, protect and enhance the lawful nighttime use and enjoyment of all property through use of appropriate lighting practices and systems, while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. B. Applicability. Outdoor lighting installed within the City shall be in conformance with the requirements established by this Section. C. Exemptions. The following shall be exempt from the provisions of this Section:Commented [DS42]: Please the revised exemption list 1. All temporary emergency lighting needed by police or fire departments review or other emergency services; and confirm that the removal of 2. All hazard warning luminaires required by federal regulatory agencies; existing exemptions for athletic 3. All vehicular luminaires; fields, swimming pools, temporary construction lighting, agricultural gas or other fossil 4. All outdoor light fixtures producing light directly by the combustion of natural fuels; CHAPTER 4: DEVELOPMENT STANDARDS Page 106 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 5. Holiday decorations; CHAPTER 4: DEVELOPMENT STANDARDS Page 107 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6. Signs; 7. Street lights; 8. Aesthetic lighting limited to interior roadway lighting with a maximum height of two (2) feet within a development, not intended to take the place of required street lighting, or lighting to be utilized within open space used to feature decorative plantings, sidewalks, walkways, or ornamental objects, such as fountains or similar features. Aesthetic lighting, although exempt from an iso footcandle plan, shall be identified on all design plans as to type of light and location to ensure appropriate use of aesthetic lighting in accordance with this Section. D. Outdoor Lighting Regulations. 1. All outdoor lighting shall be installed in a way that does not cast light upon or adversely affects adjacent properties or roadways. This shall not apply to lighting established by governmental authority within public rights-of-way. 2. Measurement. Light intensity levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any property line or street right-of-way line at a height of five (5) feet above grade level. 3. Lighting fixtures shall be fully shielded and directed downward, and shall utilize full cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site glare and minimize light pollution. a. The Director may approve decorative light fixtures as an alternative to shielded fixtures, provided that such fixtures would enhance the aesthetics of the site and would not cause greater off-site glare or light pollution 4. Intensity Specifications. a. Lighting intensity within a site shall not exceed ten (10) foot-candles at any one point; however, the Director may permit a maximum intensity of 20 foot-candles provided that such lighting is otherwise in compliance with this ordinance. b. Lighting intensity within a site shall not exceed 1.0 foot-candle at any property line abutting a parcel zoned or used non-residentially or adjacent to rights-of-way. Where the site abuts a parcel zoned or used residentially, lighting levels shall not exceed 0.5 foot-candles. c. Wall-mounted lights shall be cut-off, and directed downward with a maximum output of 400 hundred watts per fixture. E. Additional Requirements by Type. 1. Security Lighting. a. Security lighting shall be directed towards the targeted area and shall not be on poles taller than 25 feet. b. Security lighting shall be maintained in such a manner as to prevent glare and lighting into properties of others or into a public right-of-way, and the system also shall be designed and maintained so that lights are not activated by activity off of the subject property. CHAPTER 4: DEVELOPMENT STANDARDS Page 108 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Outdoor Recreational Facilities. a. Illumination shall be provided by full cutoff luminaires, except for large areas, where luminaire supports inside the areas would restrict the function or compromise safety. Examples of such large areas include, but are not limited to, baseball, softball, soccer, football, and golf driving ranges. Shielded floodlights shall be used for these areas. Smaller areas, including tennis, volleyball, racquetball and handball courts, and swimming pools shall utilize full cutoff luminaires and shall conform to the requirements of this ordinance regarding light trespass. The average illuminance on ground shall not exceed 50 footcandles. 3. Landscape, Decorative, and Architectural Lighting a. Luminaires used to illuminate flags, statues, steeples, monuments, and other tall narrow objects shall be illuminated with the type of luminaire that directs the narrowest beam capable of illuminating the object. Illuminance at the level of the illuminated object shall not exceed 10 footcandles. b. Lighting on buildings for aesthetic purposes shall be directed downward from the top. Exception: selected portions of a building may be illuminated from below, if the portions illuminated total less than half of the vertical face. The average illuminance shall not exceed 10 footcandles. c. All outside illumination of any building and/or surrounding landscape, public or private, for esthetic, architectural, or decorative purposes is prohibited after 11:00 P. M. or when the business closes, whichever is later. F. Plans Required. Prior to the issuance of a land disturbance permit or building permit for a project that involves the installation of outdoor lighting, a photometric illumination plan shall be provided by the applicant. The plan shall include the following information: 1. Location, type and height of all proposed light fixtures. 2. Photometric grid overlaid on the proposed site plan indicating the overall light for intensity throughout the site, measured in foot-candles. This plan shall demonstrate compliance with the lighting regulations of this UDC. 3. Specifications and details for the fixture type being proposed, including the total lumen output, type of lamp and method of shielding. 4. Any other information deemed necessary by the Director. 4.3.6 Utilities A. Utilities shall be located underground. B. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. C. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4.3.7 Encroachment on Public Rights-of-Way A. No building, structure, fence, service area, parking facility/area, loading area, except driveways and CHAPTER 4: DEVELOPMENT STANDARDS Page 109 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy permitted utilities shall be permitted to encroach on public right-of-way. All permanent structures or inorganic objects that are placed near, but not within the right-of-way, shall be located as to not obstruct, hinder or impede the view or movement of pedestrian and vehicular traffic as to become a nuisance, danger or hazard to the public. 4.3.8 Posting of Addresses A. Each dwelling unit and place of business shall have light-reflective numbers of the address posted and maintained in a prominent place on the property visible from the street providing public access. B. The numbers shall be at least three (3) inches in height with a contrasting background. 4.3.9 Dumpsters and Service Areas A. This section shall not apply to community or public recycling bins or drop boxes; however, the location shall be determined by the Director in accordance with the standards herein. B. Utility Service Areas 1. Utility service areas located outside of the right-of-way that exceed 42 inches in height and 42 inches in any other dimension must be screened from the view from adjacent property or street (not including an alley). 2. Screening shall consist of landscaping or a wall or fence compatible with the principal building in terms of texture, quality, material, and color. 3. Utility service areas must be located an adequate distance from the street to allow for any required screening to be installed without encroaching into the public right-of-way. C. Dumpsters 1. Screening. a. All garbage dumpsters and other similar areas devoted to the storage of waste materials shall be screened on three (3) sides of said area with an enclosure of a minimum of eight (8) foot high, or two (2) feet taller than the highest point of the waste/grease container, compactor, or dumpster, whichever is greater, of solid masonry or decorative precast concrete walls. Fats, oils, and grease receptacles shall be provided within the enclosure. b. Bollards are required at the front of the enclosure walls to protect the enclosure from trash collection vehicles. c. The operable side of the dumpster shall be concealed with a gate equal to or higher than the height of the dumpster. The gate shall be opaque, have self-latching mechanisms, be of colors consistent with the principal building, and be constructed of opaque metal. Chain link gates with or without opaque slats are not permitted. d. Where dumpsters are adjacent to parking areas, a three (3) foot landscaped buffer shall be provided that does not impede access into and out of vehicles. 2. Location. a. The dumpster shall be located to the side or rear of buildings and oriented away from view from the street (not including an alley). CHAPTER 4: DEVELOPMENT STANDARDS Page 110 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy b. The consolidation of trash areas between buildings is encouraged. c. In no case shall loading activities hinder or obstruct the free movement of vehicles, and pedestrians over any street, sidewalk, alley, or interrupt parking lot circulation. d. Access to dumpsters shall be provided via a paved, dust-free surface. 3. The use of modern disposal and recycling techniques is encouraged. 4.3.10 Streetscape Standards A. Applicability. This Section shall apply to all parcels of land abutting any of the roadways known as Highway 138 West, Highway 42 North, Jodeco Road, Eagles Landing Parkway, Hudson Bridge Road, Rock Quarry Road, East Lake Parkway, East Atlanta Road, North Henry Boulevard, Patrick Henry Parkway, Country Club Drive, Flippen Road, Walt Stephens Road, Mount Zion Parkway, Campground Road and any other roadway having a classification of "collector" or a higher order. All property contained within any parcel subject to this Section on the effective date from which this Section is derived shall continue to be subject to this Section, even if the parcel is subdivided in the future. B. Streetscape Standards. The streetscape along the major arterial and collector roads shall be divided into three (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and 20 feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-of-way as approved by the Director of Public Works or on private property 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Shall contain street trees planted in accordance with Section 13.8.4, Street Trees. b. Pedestrian-scale lighting shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. c. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. d. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. e. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. Racks shall be placed at a maximum distance of 500 feet CHAPTER 4: DEVELOPMENT STANDARDS Page 111 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy from one another. Figure 4.3.10.B - Streetscape Standards 4.3.11 Access Management and Connectivity. A. Purpose. The purpose of this Section is to set standards for the provision of access to development in a manner that preserves the safety and efficiency of the transportation system. The management of access is a means by which substantial public investment in the transportation system can be protected and the need for remedial measures eliminated or reduced. B. Access Management. 1. All developments shall have access to a public right-of-way. 2. When a tract fronts on a State highway, major arterial, or minor arterial street, a frontage street may be required for access to individual lots. 3. All residential lots in a subdivision shall only take direct access from within the subdivision. 4. Any access to a State highway shall be consistent with the requirements of the GDOT. 5. All street design and other development activities, including landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles. 6. Along thoroughfares, arterials, or collector streets, a deceleration lane, a turn lane, larger or reduced turning radius, traffic islands or other devices or designs, including traffic calming devices and designs, may be required to avoid specific traffic hazards which would otherwise be created by the proposed driveway location. The Director may require the submission of a traffic analysis based on the scale and scope of the project to determine required improvements. 7. No approval shall be granted for a subdivision, or subsequent phase or addition to an existing subdivision, unless the property is served by a paved county road, with right-of-way sufficient to meet the requirements of Chapter 16, Infrastructure Improvements. 8. Access points, whether private commercial/industrial drives or city or county roadways, shall line up directly across from one another when possible. CHAPTER 4: DEVELOPMENT STANDARDS Page 112 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy C. Number of Access Points. 1. In order to ensure emergency vehicle access, every subdivision with more than 20 lots shall have at least two (2) continuously open points of ingress/egress from the existing street system. a. Where a subdivision is providing two (2) or more connections to the existing street system, the requirement for two (2) points of ingress/egress is met. The requirement for access shall not be satisfied by a stub-out to a future, planned, or platted street that has not been constructed b. A subdivision on a single, dead-end street, containing 20 or fewer lots shall not be required to provide two (2) points of ingress/egress. Such streets must be designed to connect to existing, planned or platted streets with a stub-out, where applicable. c. Where a subdivision is allowed one (1) point of access, that entrance street shall be designed with a three (3) lane divided entrance street. The right turn lane shall be required to have a 75 radius to provide needed lateral separation between two (2) vehicles exiting at the same time. Commented [DS43]: Please 2. Industrial and freight-oriented developments shall provide at least (2) c ocnlatirnifuyotuhs ely roepqeunirpeodi n ct soonff igur at ion of ingress/egress. One open point shall be dedicated for employee passengae“r tvherhei ecle(3a)nldantheedoivthideer dfoer ntrance freight vehicles, where feasible. The right turn lane shall be required to hs tarveeeat , 7” 5 i nfocol ut dr ai nd giu ts ht eo required provided needed lateraled separation between two (2) vehicles exiting ant ut m h ebsearmaen id t mdei r. e c t i o n of inbound/outbound lanes and 3. Limitations. Within any zoning district where the lowering or cutting a w w a yhoeft ha ne yr caurr ab iss efodr op rur lpaonsdescaped of ingress and egress is required, such curb cut shall be in accordance w im t he Tdai ab nle i 4s . 3r e. 1q1u. Ci r, e- dA.ccess Limitation Requirements. Please confirm the intended 75Table 4.3.11.C – Access Limitation Requirements Property Frontage Length Number of Access Points Up to 100 feet 1 101-200 feet 2 201 feet or more 2, plus 1 or as approved by the Director D. Additional Requirements. 1. Within any residential zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: a. At street intersections, no curb cut shall be located within 50 feet of the intersections of two (2) curb lines or such lines extended, or within 15 feet of the intersection of two (2) property lines extended. b. The distance between any two (2) curb cuts on the same side of the street and located on one (1) property shall be not less than 20 feet. Curb cut distance shall be measured between the points of tangency of the curb return radii and the established curb line of the abutting street. c. All driveways shall be constructed to be at least two (2) feet from any property line. d. The maximum width of any standalone driveway shall not exceed 20 feet measured at the right-of-way line. e. The maximum width of any curb cut, including curb returns, shall not exceed 30 feet. CHAPTER 4: DEVELOPMENT STANDARDS Page 113 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy f. The sum of the two (2) curb return radii for any one (1) curb cut shall not exceed 15 feet. 2. Within any non-residential or mixed-use zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: a. At street intersections, no curb cut shall be located within 50 feet of the intersections of two (2) curb lines or such lines extended, or within 15 feet of the intersection of two (2) property lines extended. b. All driveways shall be constructed to be at least five (5) feet from any property line. c. The maximum width of any driveway shall not exceed 40 feet measured at the right-of-way line. d. The maximum width of any curb cut, including curb returns, shall not exceed 50 feet. E. Driveway Separation. 1. For driveways/roadways that require an offset, the spacing between drives/roadways, whether on the same side or opposite side of the intersecting roadway shall be required to have the minimum centerline to centerline spacing requirements in accordance with Table 4.3.11.E, Driveway Separation. Table 4.3.11.E – Driveway Separation Posted Speed Limit Up to 30 mph 35 mph 40 mph 45 mph 50 mph 55 mph Spacing Required 125 feet 150 feet 185 feet 230 feet 275 feet 350 feet 2. For intersecting roadways that are not classified as collector or above and have posted speed limits 30 miles per hour or less, private commercial/industrial driveways may be allowed to have a reduced offset requirement at the City’s or Henry County Department of Transportation's discretion. F. Proposed Streets. 1. All proposed streets shall be continuous and in alignment with existing, planned, or platted streets. 2. Proposed streets shall be extended to the boundary lines of the tract to be developed or subdivided, unless prevented by topography or other physical conditions. G. Joint Access. 1. Joint access driveways and cross access easements shall be in accordance with the following provisions: 2. Adjacent commercial or office properties shall provide a cross access drive and pedestrian access to allow circulation between sites through a system of joint use driveways and cross access easements. The design of the joint or cross access area shall incorporate the following: a. A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation; b. Stubbing a connection to the adjacent parcel at the property line; and c. Sufficient separation between side street access to the property and the major road to ensure safety. 3. In order to ensure continuous availability of access to all properties, all property owners shall: a. Record an easement with the deed allowing cross access to and from other properties CHAPTER 4: DEVELOPMENT STANDARDS Page 114 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy served by the joint use driveways and cross access or service drive; b. Record an agreement with the deed that remaining access rights along the thoroughfare shall be dedicated to the city and pre-existing driveways shall be closed and eliminated after construction of the joint-use driveways; and c. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners. 4.4 Architectural Guidelines 4.4.1 Gener al Requi reme nts A. Design Composition. 1. The exterior design of buildings should be complementary with the prevalent architectural features of the surrounding neighborhood, block, or street, especially in areas that have established and recurring architectural exterior patterns and features, 2. Materials shall be selected for their suitability to the type of building and design for which they are used. Any piecemeal embellishment and frequent changes in material should be avoided. 3. All sides of the building shall use materials that are consistent with those on the front façade, if they are visible from public streets or neighboring properties; and they shall be carefully designed with similar detailing, comparable quality, and compatible materials. B. Exterior Finish Materials. 1. Exterior finish materials shall be identified in the approved Exterior Finish Materials List maintained by the Planning and Zoning Department. Allexterior Commented [DS44]: Built walls (not including windows and doors) for all new construction shall c odnespi sat rot fmtehne tf ot lol om waini ng t a in a “look permitted building materials, as applicable: a. Brick, or brick veneers, except that only natural brick may be used for residential buildings. Brick veneer walls shall use full-depth brick; b. Natural stone such as, but not limited to, granite, limestone, and acid marble. Terra cotta or cast stone which simulate natural stone are also acceptable. Painted stone and stone veneers are not allowed; c. Split-face block/concrete masonry unit (CMU) is restricted to a maximum of 20% of the façade; d. High-grade stucco; e. Natural wood or cementitious fiberboard siding; f. Glass. Glazing shall be clear or slightly tinted (not opaque nor highly reflective) glass; g. Vinyl siding with a nominal thickness of forty-six one-thousandth (0.046) inches; or h. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. 2. Prohibited exterior materials, unless allowed herein, include: CHAPTER 4: DEVELOPMENT STANDARDS Page 115 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy a. Non-architectural metal panel systems; b. Softwood plywood grade B or lower, oriented strand board and particle boards; c. Unfinished cast-in-place or precast concrete vertical elements (e.g., walls, columns, exposed elevated slab edges); d. Exposed concrete block; e. Aluminum siding; or f. Metal screens or bars covering window openings. 4.4.2 Requirements for Industrialized or Modular Homes A. A dwelling unit manufactured in accordance with Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs shall meet the following standards: 1. A minimum width in excess of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 3. A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every 12 inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A minimum roof overhang of 12 inches is required. All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles. Other roof materials may be used where specifically approved by the Director. 5. A curtain wall, un-pierced except for required ventilation and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches and shall be constructed of masonry or similar material. 6. The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 7. Utility meters shall be mounted to the structure rather than on a utility pole. 8. A landing shall be installed at each doorway. The minimum size of the landing shall be four (4) feet by six (6) feet (excluding steps) at each doorway. The structure shall include steps which lead to ground level, and both landing and steps shall meet the requirements of the Standard Building Code. 9. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-of-way. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the CHAPTER 4: DEVELOPMENT STANDARDS Page 116 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy materials shall be the same as the predominant exterior building materials for the principal building on the site. 10. The dwelling shall be installed in accordance with O.C.G.A. § 8-2-110 et seq., and the rules promulgated thereunder. 4.4.3 Requirements for Manufactured Homes A. A dwelling unit manufactured with the Secretary of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, shall meet the following development standards: 1. A minimum width of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 3. Any dwelling unit for which a building permit was obtained prior to the adoption of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A curtain wall, un-pierced except for required ventilation and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall be non-load bearing and have a minimum thickness of four (4) inches when constructed of masonry, brick, stone finish, or similar material. When metal or molded curtain walls are used, they must be attached to treated wood framing that is no more than 24 inches on center or metal channel framing. 5. The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 6. All axles, tongues, and transporting and towing apparatus shall be removed before occupancy. 4.4.4 Requirements for Single-Family Detached and Attached (includes duplex, triplex, quadraplex) A. Design Composition. 1. The front facades shall include at least two of the following architectural modulation and details: a. Varied materials and wall planes; b. Varied roof forms and roof lines; c. Balconies; d. Porches; e. Bay windows; f. Varied window sizes and shapes; g. Shutters; h. Entrance doors; Sidelights; j. Pilasters; i. CHAPTER 4: DEVELOPMENT STANDARDS Page 117 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy k. Varied garage door designs; And other features as approved by the Director. 2. Identical facades shall not be used for more than two (2) dwellings or buildings on the same block face, or for buildings that face each other across a street. For townhomes, identical façade designs must not be used for more than six (6) on the same block face, or for buildings that face each other across a street. Differentiation between adjacent facades may be accomplished by a change in materials, building height, color, or roof form. 3. The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. In cases where homes fall off in grade toward a basement condition, the brick or stone water table shall be extended along the sides and rear to achieve the same height as exists on the front of the home. 5. Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Code, shall be enclosed by masonry blocks or bricks joined by mortar, or poured concrete walls having a minimum height of 18 inches and a minimum width of six (6) inches. l. 6. Garages. a. A minimum of two (2) car garages shall be required for all single-family detached residential structures. Side or rear entry garages shall be required. b. Two (2) car garages are required for each unit of a duplex. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, glass, stucco, shake, wood, or cementitious fiberboard siding. 2. Buildings in the CCR zoning district are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. The minimum roof pitch of a single-family home shall be 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views CHAPTER 4: DEVELOPMENT STANDARDS Page 118 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-of-way. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. 4.4.5 Requirements for Single-Family Detached and Attached (townhomes) A. Architectural Image and Character. 1. Townhome developments shall be designed to maintain a high-quality residential character through appropriate building massing, architectural detailing, materials, and façade articulation. These standards are intended to promote durable, attractive, and compatible development while allowing flexibility in architectural style, provided the minimum requirements of this section are satisfied. B. Design Composition. 1. Building design shall incorporate durable, high-quality exterior materials that are compatible with the architectural character of the surrounding area. 2. Primary exterior materials shall consist of brick, natural stone, stucco, or cementitious fiber cement siding. Natural stone is preferred; however, manufactured stone may be permitted when approved by the Community Development Department and determined to be of comparable quality and appearance. 3. Rear elevations shall be constructed of brick, stone, stucco, cementitious fiber cement siding, or another approved material that is architecturally compatible with the front façade. 4. Exterior colors shall consist of a cohesive and complementary color palette. 5. Bright, fluorescent, or highly reflective colors shall be prohibited except as minor accent colors approved by the Community Development Department. 6. Front elevations and elevations facing a public street or common open space shall incorporate a minimum of three (3) exterior materials and three (3) complementary colors. 7. Interior side and rear elevations shall incorporate a minimum of two (2) exterior materials and two (2) complementary colors. 8. Two (2) car garages are required. 9. Brick, stone, wainscot, or other approved primary façade materials shall wrap a minimum of two (2) feet around all exterior building corners. 10. Primary façade materials shall extend the full width of each front elevation and any elevation facing a public street or common open space. 11. Material transitions shall occur at logical architectural breaks and shall not terminate abruptly at outside corners. C. Exterior Finish Materials. 1. The front façade of each townhome dwelling unit shall be comprised of not less than 75% percent brick. The remaining 25% percent of the front façade may consist of stone, stucco, cementitious fiber CHAPTER 4: DEVELOPMENT STANDARDS Page 119 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy cement siding, shake, or other materials approved by the Unified Development Code. a. For purposes of calculating façade materials, doors, windows, garage doors, gables, and eaves shall not be included in the calculation. 2. The front and side façades of each dwelling unit shall consist of primary exterior materials, including brick and/or stone, together with complementary secondary materials such as stucco, shake, or cementitious fiber cement siding, provided that cementitious fiber cement siding shall not exceed 30% percent of the total exterior wall area. 3. The rear elevation may consist of brick, stone, stucco, cementitious fiber cement siding, or a compatible combination of these materials. All exterior materials shall be architecturally compatible with the front façade. 4. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all townhome dwelling units, including gables and eaves, unless otherwise expressly permitted by this Unified Development Code. D. Building Features. 1. The primary entrance to each townhome building shall be clearly identifiable and emphasized through the use of an appropriately scaled architectural feature, such as a porch, portico, canopy, recessed entry, or similar architectural element. 2. Canvas or fabric awnings shall not be permitted at primary building entrances unless specifically approved by the Community Development Department as an integral component of the building's architectural design. 3. For multifamily-style townhome buildings with a common entrance, the primary entrance shall provide direct access to a vestibule or interior lobby. 4. Each dwelling unit shall include either a functional balcony or, for ground-floor units, a private patio or other usable outdoor living space. 5. Juliet balconies may be permitted when architecturally integrated into the overall building design. 6. Exterior elevated walkways, exterior landings, and exterior common stairways providing primary access to individual dwelling units shall be prohibited. E. Architectural Details and Orientation. 1. Where thin veneer brick or manufactured stone is utilized as an exterior finish material, the material shall wrap around exterior building corners a minimum of 24 inches or terminate at an inside corner to provide the appearance of full-depth masonry. 2. Trim surrounding windows, doors, building corners, rooflines, and changes in exterior materials shall be architecturally proportionate and shall have a minimum nominal width of four (4) inches. 3. Trim colors shall complement or appropriately contrast with the primary exterior building materials. 4. Where shutters are provided, they shall be proportionate to the adjacent window opening and sized to appear functional. 5. Roof eaves and overhangs shall project a minimum of 12 inches, unless an alternative architectural treatment is approved by the Community Development Department CHAPTER 4: DEVELOPMENT STANDARDS Page 120 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy F. Massing and Roof Forms. 1. Townhome buildings shall not exceed two and one-half (2½) stories in height when viewed from the fronting public or private street. Any above-grade parking level visible from the street shall be considered a story and shall be included in the maximum building height calculation. 2. Townhome buildings shall incorporate pitched roofs. Acceptable roof forms include gable, hip, shed, or similar residential roof styles. False parapets or other architectural elements intended solely to conceal a pitched roof or create the appearance of a flat roof shall be prohibited. 3. Dormers, where provided, shall be functional, proportionate to the building, and architecturally integrated into the overall design. Dormers used to conceal mechanical equipment may be permitted, provided they remain consistent with the architectural character of the building. 4. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. G. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-of-way. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. H. Maintenance. 1. All exterior architectural features, building materials, landscaping, and design elements required by this section shall be maintained in good repair throughout the life of the development. Replacement materials shall be substantially similar in appearance, quality, and design to the originally approved materials unless otherwise approved by the Community Development Department. I. Review and Approval. 1. Architectural elevations and site plans shall be reviewed by the Community Development Department as part of the applicable development review process, including site plan approval, subdivision approval, or other applicable development applications. Approval of the architectural elevations shall be required prior to the issuance of any land disturbance or building permit. J. Site Development Standards. 1. Landscaping shall comply with the applicable provisions of Chapter 13, Buffers, Landscaping, and Tree Protection, of the UDC. 2. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy unless an alternative installation schedule or financial guarantee is approved by the City in accordance with the Unified Development Code. CHAPTER 4: DEVELOPMENT STANDARDS Page 121 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4.4.5 Requirements for Multi-Family Residential (includes apartments and condominium buildings) A. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features. The maximum wall length without façade features shall not exceed 30 feet. a. Columns; b. Windows; c. Doors; d. Balconies; e. Pilasters; f. Changing rooflines; g. Cornice; h. Porch entrances; i. Tower elements; j. Architectural patterns and texture; k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the street-facing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Window systems shall be recessed from the façade of the building a minimum of three-quarters (0.75) inches. This reveal may be achieved through the design of the window casing reveals and frames, the use of a brick sill, or recessing the front face of the upper sash from the exterior wall plane. Alternative detailing that achieves a similar degree of depth and visual articulation may be approved by the Director. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. 5. The building design shall include a minimum of a one (1) foot deep cornices along the entire front facade of the building and extending for a distance of at least ten (10) feet along the sides of the building. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 2. Stand-alone multi-family buildings are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. CHAPTER 4: DEVELOPMENT STANDARDS Page 122 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. Roof Requirements. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Site Requirements. 1. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 2. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 4.4.6 Requirements for Non-Residential (includes mixed-use, commercial, institutional, industrial, etc.) A. All buildings constructed within a MUS, MU, PUD, C-1, C-2, OI, LI, or HI zoning districts shall meet the development standards and the appearance standards set forth in this section. “Buildings” shall include all commercial, office, institutional, and industrial buildings. B. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features: a. Columns; b. Storefront; c. Windows; d. Piers; e. Pilasters; f. Changing rooflines; g. Variation in setback of the facades; h. Cornice; i. Tower element; j. Architectural Patterns and Texture; CHAPTER 4: DEVELOPMENT STANDARDS Page 123 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the street-facing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Building designs shall integrate at least one (1) material changes and color variation averaged over each façade. Buildings with facades longer than 100 feet shall have an articulated façade that incorporates at least one (1) significant modulation that includes a variation in setback of the facades and/or color and texture change. 4. All windows shall be consistent with the decorative façade design, considering materials and colors. 5. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each 6. For any multi-tenant commercial development, a covered arcade/structural canopy shall be provided along the front facade of the building. It shall be a minimum of five (5) feet in width and designed to provide covered areas for relief from the weather. Different arcade/structural canopy designs may be used for each individual tenant/business within a multi-tenant commercial development provided that they blend aesthetically with the front facade of the building and has the approval of the building owner and the Director. 7. A pedestrian entrance which faces an abutting public street, or the nearest public vehicular access drive if there is no abutting public street. This pedestrian entrance shall be a primary entrance that is open to guests or customers during the hours of operation of the subject building. C. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, or EIFS. 2. Commercial and mixed-use buildings in the MUS, MU, PUD, C-1, C-2, or OI zoning district are required to be at least 75% brick or stone of the façade area on all four (4) facades of the building. oitmtim The remaining 15% shall be a combination of glass, stucco, wood or cemCen ouesnfitbeedrb[oEaM rd4s5id]i:nPg,otentially paneling, or metal. A maximum of ten percent (10%) of the façade area cs lhaar li lf yb ec acl oc unlsatitr uocnt el da nogf umaegteal(GL): or steel. For the purposes of these calculations, “façade area” includes the area of parapets, Please clarify how windows, windows, and doors. doors, storefront glazing, and 3. Industrial buildings in the MUS, MU, PUD, LI, or HI zoning district shall moati nh teari no ap ed ne icnogr as tiavree f tarçeaadtee d when on that portion of the building that faces all public streets. The calculating the required 85% decorative facade shall consist of brick, masonry, and/or wood. Glass may be used in combination with brick, masonry, and/or wood. 4. Facade colors and materials shall be limited to three (3) per facade face. They shall either be complementary to the materials that are already being used in the neighborhood; or, if dissimilar materials are being proposed, other characteristics such as scale, proportion, form, architectural detailing, color, and texture shall be sued to ensure that the building related to the rest of the neighborhood. 5. All facades that are visible form a public street or park/open space shall utilize high-quality finish CHAPTER 4: DEVELOPMENT STANDARDS Page 124 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy materials. 6. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. D. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the Director. 2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. E. Site Requirements. 1. Street level retail uses with sidewalk frontage shall provide an entrance to the building from the sidewalk in addition to any other access that may be provided to the building. 2. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 3. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 4.4.7 Establishments over 40,000 Square Feet (large-scale retail centers) A. Purpose. This section is intended to provide design standards for uses located in large-scale commercial buildings. The purpose is to ensure the compatibility of large buildings and their associated impacts with the surrounding area, and to avoid large, undifferentiated building walls. B. Applicability. Establishments having more than 40,000 square feet of floor area shall comply with the design standards contained in this section in addition to those contained in Section 4.4, Architectural Guidelines and in addition to the site design standards of the underlying zoning district. The size threshold refers to an individual establishment and any associated outdoor areas used for display or storage. C. Building Design Standards. Building design shall meet the standards below in Table 4.4.7.C, Building Design Standards for Establishments over 40,000 square feet. Table 4.4.7.C – Building Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Design Composition • Arcades, display windows, entry areas, or awnings shall be provided along at least 60% of the facade. • A repeating pattern of color, texture, or materials change is required. Roof and roof line • Provide a change in height every 100 linear feet of building length. CHAPTER 4: DEVELOPMENT STANDARDS Page 125 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. D. Site Design Standards. Site design shall meet the standards below in Table 4.4.7.D, Site Design Standards for Establishments over 40,000 square feet. Table 4.4.7.D – Site Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Parking • Shall not exceed 110% of the parking standard provided. • At least 20% of the required parking shall be provided in pervious pavement, grass, gravel, turf block, or similar material. • Structured parking is strongly encouraged. Loading Docks • Shall be screened from view from adjacent properties and from the public right-of-way; • Shall be located in the side or rear of the building or lot; • Shall be set back a minimum of 100 feet from any residentially zoned property. • Enclosed with materials compatible to the Dumpsters principal building, except for an access gate, and screened from view from adjacent properties and from the public right-of-way. Open space • A minimum of 20% of the site shall be • • parking aisles to provide safety and space for pedestrians. A drive or parking aisle shall include both sides available for parking. If required within a site, the material for these connections shall be a decorative paving material (i.e., stamped or textured concrete, pavers, or color concrete) to delineate the pedestrian crossing. A pedestrian connectivity plan must be approved by the Director. This plan must provide the proposed pavement design, indicate proposed pedestrian walkways within the site, and indicate connections to other sites. 4.4.8 Mechanical Equipment A. Exemptions. Free-standing or roof-mounted renewable energy systems such as solar panels are exempt from these screening requirements, where such screening would interfere with the function of said renewable energy systems. Exemptions shall be reviewed and approved by the Director. B. Roof-Mounted Equipment. 1. Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent street (not including an alley) through one of the following techniques: a. Enclosing the utility within a roof that is integrated into the building form; b. Locating the utility within an enclosed mechanical penthouse whose materials and detailing complement the building architecture; c. Locating the utility far enough from the parapet so as to be effectively invisible from adjacent public rights-of-way. CHAPTER 4: DEVELOPMENT STANDARDS Page 126 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Roof-mounted equipment shall be compatible with the principal building in terms of texture, quality, material, and color. C. Wall-Mounted Equipment. 1. Wall-mounted equipment shall not be located on any surface that directly faces a street (not including an alley). 2. Wall-mounted equipment located on any surface that is visible from a street (not including an alley) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material, and color. D. Ground-Mounted Equipment. 1. Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened. 2. Screening shall consist of landscaping or an opaque screen of brick, wood, or masonry materials compatible with the principal building or landscaping. CHAPTER 4: DEVELOPMENT STANDARDS Page 127 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 5: PARKING REQUIREMENTS 5.1 Purpose A. The intent of this Chapter is to ensure the appropriate location, quantity, and quality of off-street parking and loading areas and to ensure that all developments provide adequate and safe storage and movement of vehicles consistent with safe and inclusive site design principles. 5.2 Applicability A. Except as provided in this Chapter, no application for a building permit shall be approved unless there is included with the plan for such building, improvements, or use, a development plan showing the arrangement and quantity of spaces reserved for off-street parking and loading. If no building permit is required prior to the commencement of a particular land use, compliance with the requirements of this Chapter shall be determined prior to the issuance of a Certificate of Occupancy (C.O). B. Each use of land and each building or structure hereafter constructed or established, and each addition to a structure shall provide off-street parking and loading according to the standards set forth herein. C. When an addition is made to a building containing less than the required parking or loading requirements, an adequate quantity of off-street parking shall be provided for the entire site. D. No addition to an existing building shall be constructed which reduces the number of spaces, area, or usability of an existing parking lot or loading space, unless such building and its addition conform with the regulations for parking and loading contained herein. E. With the exception of restriping parking lots or other routine maintenance which does not result in a reconfiguration of the parking spaces, any modification to existing off-street parking and loading facilities shall conform to the requirements of this Chapter. 5.3 Maintenance A. All off-street parking and loading areas shall be well maintained. Parking lots and loading areas shall be free of potholes, debris, weeds, broken curbs, and broken wheel stops. B. Signs located within parking lots and painted lines for parking lots and buffers shall be well maintained. 5.4 General 5.4.1 Location A. The required accessory off-street parking facility shall be located on the same lot as the use for which it is provided or on a lot within 400 feet of the nearest boundary of the lot upon which the use is located measured by the shortest distance separating the sites. B. No required parking shall be permitted in any required landscape area or buffer. CHAPTER 5: PARKING REQUIREMENTS Page 128 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy C. Single-family and Two-Family Dwellings. Parking areas that serve detached single-family and two-family residences shall be located on-site and shall meet the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than 50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces. D. Townhomes Developments Parking areas that serve townhouses shall adhere to the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than 50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces d. No off-street parking space or driveway shall be located within ten (10) feet of any property boundary, except for portions of a driveway intended to connect a garage or carport to the street, rather than for parking. E. Multi-Family Developments. Parking areas that serve multi-family residences shall adhere to the following requirements: a. Parking areas be prohibited within the required setback for the front yard and the side corner yard. b. Driveways shall not be located nearer than ten (10) feet to any side or rear property line. c. No off-street parking space shall be located within 25 feet of any side or rear property line adjacent to a single-family residence, nor within ten (10) feet of any other property line. F. Non-Residential. Parking areas that serve non-residential land uses shall adhere to the following requirements: a. Parking areas shall be prohibited within the required setback for the front yard and the side corner yard. b. No off-street parking shall be permitted within 25 feet of any property line which adjoins a single- family residential district or use. 5.4.2 Vehicle Parking in Residential Districts A. Commercial Vehicle Parking. 1. Except as provided herein, no open parking, open storing, or maintaining of any commercial vehicle shall be allowed to park on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts. B. Exceptions. 1. Any commercial vehicle actively engaged in loading or unloading of merchandise or passengers or actively servicing a customer. 2. Any government vehicle or other vehicle used for the primary purpose of transporting children to and from non-profit organizations, or state licensed accredited schools may park in said districts provided that such vehicle is not parked on any public street and is parked in the side or rear yard CHAPTER 5: PARKING REQUIREMENTS Page 129 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy behind the main building line of the driver's dwelling. 3. Trucks used in farming the property on which they are located, or trucks used in conjunction with a permitted use. 4. Trucks under four (4) tons in empty weight. C. Recreational Vehicle (RV), Equipment, Truck, and Trailer Parking. 1. Except as provided herein, no motorized or non-motorized recreational vehicles, equipment, or trailers shall be parked or stored on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts for more than 24 hours unless one of the following conditions is satisfied: a. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked in a side or rear yard behind the main building line in accordance with other sections of this ordinance. b. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked under a carport or in an enclosed building. 2. In the case of a corner lot, no vehicles may be parked or stored in the side yard on the street side of the lot. 3. The Director is authorized to allow such equipment to be used as living quarters in the following situations, provided that adequate documentation is provided prior to establishing them: a. Family hardships and catastrophic events. b. Temporary dwelling when a primary structure is being built or modified on the same property. c. No more than one (1) such vehicle is allowed to be occupied on-site at any one (1) time. No separate permanent utility hook-ups or fixtures may be installed at any time. Furthermore, no recreational vehicle shall create a safety hazard, including blocking, or otherwise obstructing, public rights-of-way or sidewalks. Such equipment may be used for a period not to exceed 90 consecutive days. 5.5 Parking Calculation Requirements A. Fractional Measurements. When units or measurements determining number of required off-street parking spaces result in the requirement of a fractional space, then such fraction shall be rounded up to the next whole number. B. Where the unit of measure for determining the number of parking spaces is the number of seats in a facility, the number of seats shall be the maximum occupancy allowed pursuant to building and construction codes. C. When multiple uses occupy a building, or a mixed-use development is proposed in separate buildings under unified control, the parking and loading requirement shall be met by each use, unless shared parking is approved according to the standards in this Chapter. D. In the case of a mixed-use building, the minimum amount of parking required shall be that of the use that CHAPTER 5: PARKING REQUIREMENTS Page 130 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy provides the greatest number of spaces. E. Minimum Space Requirements for Uses Not Identified. Where the need for parking of a particular use is uncertain due to unknown/unusual operating characteristics or where the use is not specifically identified in the Parking Calculation Table, the Director shall determine the most similar land use provided in the table and apply the parking regulations therein 5.6 Required Parking Spaces and Loading Spaces A. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.A – Parking Ratios. B. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.B – Loading Space Requirements. Table 5.6.A – Parking Ratios Land Use Group Land Use Examples (including but not limited to) Adult entertainment establishments Assembly places with fixed seating Assembly places without fixed seating Auto dealerships, sales & service Child care and kindergartens Churches and other places of worship Minimum Parking Quantity Requirement 10 per 1,000 sq. ft. exceed 150% of the Minimum Requirement Stadiums/auditoriums 1 per 4 fixed seats Theaters/ amphitheaters 3 per 100 sq. ft. of Meeting halls Libraries assembly room space New car sales 6 per 1,000 sq. ft. Used car sales Service and parts Day care centers 1 per classroom or Pre-school activity room 1 per 20 sq. ft. of space in the main Country clubs Fraternal organizations Club with golf course 1 per fixed seat 6 per 100 sq ft of assembly room space 12 per 1,000 sq ft 3 per classroom or activity room Parking shall not 5 per 1,000 sq. ft. exceed 150% of the Minimum Requirement 10 per 1,000 sq ft 50 per 9 holes + 1 Parking shall not assembly area(s) Clubs and lodges Maximum Parking Quantity Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per 4 fixed seats Parking shall not per 1,000 sq. ft. Commercial, Amusement parks CHAPTER 5: PARKING REQUIREMENTS Page 131 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy amusement, Skateboard parks outdoor Batting cages Custodial care Assisted living 10 spaces per 1,000 sq. ft. Dance studios Dormitories and related Dormitories Fraternity houses Festivals, outdoor Sorority houses Boarding houses Horse shows Carnivals Dog shows Arts and crafts Financial institutions or 1 per 35 sq. ft. of floor area used for moveable seats; plus 10 per 1,000 sq. ft. of ground area identified for recreation and assembly 2.5 per 1,000 sq. ft. Banks 1 per bedroom 2 per 1,000 sq. ft. of ground area exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the identified for Minimum festivals and music Requirement festivals related seating 5 per 1,000 sq. ft. 10 per 1,000 sq ft Credit unions Brokerage houses Funeral homes Golf course, public and private, without club facilities Health care facilities Hospitals CHAPTER 5: PARKING REQUIREMENTS 1 per 3 fixed seats, Parking shall not plus 1 for each 25 exceed 150% of the sq. ft. in the largest Minimum assembly room Requirement 50 spaces per 9 Parking shall not exceed 150% of holes the Minimum Requirement 1 per 4 beds, plus 1 per bed 1 Page 132 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Hotels and motels Out-patient clinics Convalescent home Nursing home Apartment hotels Hotels per 3 employees 1 per 2,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 3 per 1,000 sq ft 1per 2,000 sq. ft. 3 per 1,000 sq. ft. 4 per 1,000 sq. ft. 8 per 1,000 sq ft 1 per employee, plus 1 per 5,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per room Motels Industrial and manufacturing Laboratories, scientific and related Medical offices Related facilities Assembly plants Fabrication plants Factories Experimental labs Fabrication plants Factories Dental offices Doctor's offices Veterinary offices Clinics Mini-warehouses Offices, general Personal service establishments Freestanding offices Office towers Office parks Offices associated with other uses Barber shops Beauty parlors Laundromats/dry cleaners Race track Recreational facilities, indoor Billiard parlors Game rooms Arcades Skating rinks CHAPTER 5: PARKING REQUIREMENTS 3 per 1,000 sq. ft. 5 per 1,000 sq. ft. 12 per 1,000 sq ft 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats, plus 10 per 1,000 sq. ft. of other spectator area 5 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 10 per 1,000 sq ft Page 133 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Physical fitness centers Museums Bowling alleys Recreation, private Sports court Swimming pool Recreation, public Sports Courts Playing Fields Driving Range Miniature golf Swimming pool Recycling centers Residential, cottage court village development Cottage home residence Residential, townhome Residential, multifamily (fewer than 40 units/acre) Residential 1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 1 bedroom or efficiency CHAPTER 5: PARKING REQUIREMENTS 4 per court 6 per adult swimming pool , plus 1 per 15 dwelling units beyond 60 served 4 per court 50 per field 2 per tee 20 per 18 holes 20, plus 1 per 50 sq. ft. of pool area 3 spaces per 2,000 sq. ft. of building 8 per court Parking shall not exceed 150% of the Minimum Requirement 8 per court 100 per field 4 per tee 40 per 18 holes 40, plus 1 per 50 sq. ft. of pool area Parking shall not exceed 150% of the floor area and 2 Minimum spaces per outdoor Requirement recycling collection container; plus loading spaces 2 space per 3 spaces per dwelling unit, plus 1 guest dwelling unit parking space per 5 dwelling units 2 space per dwelling unit, plus 1.4 guest parking spaces (studio or 1 bedroom); 2 guest parking spaces (2 bedroom); 2.25 guest parking spaces (3 bedroom) 1 per dwelling unit 2 per dwelling unit 2 per dwelling unit 3 per dwelling unit 2 per dwelling unit 4 per dwelling unit 1. per dwelling unit 2 per dwelling unit Page 134 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy multifamily unit high-rise (40 + 2-bedroom unit units/acre) 3-bedroom unit Residential, single- Detached dwelling family Duplexes Mobile homes Residential, tiny Townhouses Tiny home residence house village development Residential, retirement home Restaurants, nightclubs and taverns (including outdoor seating) Retail establishments Retirement homes Retirement village Cafeterias Bars Dance clubs Restaurants Music clubs Bistros Boutiques Shops 1.5 per dwelling unit 2 per dwelling unit, plus 2 guest parking spaces per unit 2 per dwelling unit , plus 1 guest parking space per 5 dwelling units 1 space per dwelling unit, plus 1 guest parking space per 5 dwelling units 1per dwelling unit 3 per dwelling unit 6 per 1,000 sq. ft. 20 per 1,000 sq ft 5 per 1,000 sq. ft. 10 per 1,000 sq ft 4 per dwelling unit Not applicable 3 space per dwelling unit 4 per dwelling unit Stores Rental services Art galleries Food stores Salvage, storage and/or junk facility Schools Service and repair establishments Service stations and automotive repair centers Junior High Elementary Middle Secondary High Colleges/Business colleges Tech/universities/trade Conservatories Appliance repair shops Bicycle repair shops Shoe repair shops General repair centers Automotive garages Paint and body shops Tire centers Service stations CHAPTER 5: PARKING REQUIREMENTS 2 spaces per gross acre 2 per classroom 6 spaces per gross acre 6 per classroom 10 per classroom 20 per classroom 8 per classroom or auditorium 30 per classroom or auditorium 5 per 1,000 sq. ft. 10 per 1,000 sq ft 5 per 1,000 sq. ft. 10 per 1,000 sq ft Page 135 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Warehousing and storage Commercial storage Distribution centers Table 5.5.B – Loading Space Requirements Type of Use Gross Floor Area (sq. ft.) Single retail establishment services Shopping centers Office buildings Apartment building over four stories 0 to 19,999 20,000 to 49,999 50,000 to 250,000 Greater than 250,000 0 to 19,999 20,000 to 49,999 50,000 to 100,000 Greater than 100,000 0 to 999,999 1,000,000 to 2,000,000 Greater than 2,000,000 Hospitals, health care establishments Hotels and motels Manufacturing, warehousing, wholesaling, and similar land uses 0 to 14,999 15,000 to 39,999 40,000 to 80,000 Greater than 80,000 Recycling centers N/A 1 per 2,000 sq. ft. 2 per 1,000 sq ft. Minimum Loading Space Quantity Requirement 0 1 2 3 0 1 2 3, plus 1 per each additional 100,000 square feet of gross floor area 0 1 2 1 2 3 3, plus 1 per each additional 100,000 square feet of gross floor area 2 5.7 Handicap Parking Requirements A. Parking spaces shall be provided for individuals with disabilities pursuant to The Americans with Disabilities Act (ADA). Parking ratios shall be as per the Table 5.7, Handicap Parking Requirements. B. Accessible spaces shall be marked on the pavement and by appropriate signage, both markings to use the universally accepted "handicapped" symbol. Such spaces shall be located in closest proximity to major building entrances, but in no event shall such spaces be more than one hundred (100) feet from an entrance. C. Ramps shall meet the design standards set forth in the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner. Table 5.7 – Handicap Parking Requirements Minimum Quantity of Parking Spaces Required Less than 26 26—50 51—75 76—100 101—150 151—200 201—300 301—400 CHAPTER 5: PARKING REQUIREMENTS Minimum Quantity of Accessible Parking Spaces Required 1 2 3 4 5 6 7 8 Page 136 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 401—500 Greater than 500 9 2% of total required spaces 5.8 Design Standards 5.8.1 General A. All parking spaces and drive-aisles that serve multi-family, commercial, and industrial land uses shall be composed of a paved, dust-free surface. The use of approved permeable or pervious pavement materials is encouraged, provided such paving is approved for use by the Director. B. All off-street loading stalls shall have access from a public street. C. Loading stalls are not to hinder movement of pedestrians or vehicles over a street, sidewalk, or alley, or to and from an off-street parking area. D. Off-street parking and loading areas that are to be used at night shall include proper illumination for the safety of pedestrians, vehicles, and for security purposes, pursuant to the illumination requirements of this Chapter. E. Each off-street parking space shall be clearly marked, and directional arrows or signs shall be provided wherever necessary. Markers, directional arrows, and signs shall be properly maintained to ensure their maximum efficiency. F. All off-street parking, loading, and service areas shall be drained to prevent damage to abutting properties and/or public streets and shall be constructed of materials that shall assure a surface resistant to erosion. G. All off-street parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by curbing or similar physical vehicle barriers. H. Parking lot solar carports are permitted and encouraged in accordance with Section 3.2.37, Solar Energy Systems. 5.8.2 Dimensional Standards A. The minimum parking lot space dimensions shall be in accordance with Table 5.8.2.A, Dimensional Standards: Table 5.8.2.A – Dimensional Standards Type of Parking Space 45° angle 60° angle 90° angle (perpendicular) Parallel Compact automobile space: 90° angle Handicapped spaces Minimum Required Dimensions 9' wide; 25' deep 9' wide; 22' deep 9’ wide; 19' deep 8'6" wide; 21' deep 8' wide; 18' deep Refer to the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner B. Aisle Width. The minimum aisle width shall be in accordance with Table 5.8.2.B, Aisle Widths: Table 5.8.2.B – Aisle Widths Required Width of Interior Driveways and Aisles (feet) 24 18 CHAPTER 5: PARKING REQUIREMENTS Parking Design (degree of angle) 90° 60° Page 137 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 12 12 24 24 Parallel One-way traffic: Not adjacent to parking Two-way traffic: Not adjacent to parking 90° Figure 5.8.2.B (1) - 90° Parking Figure 5.8.2.B (2) - 45° Parking CHAPTER 5: PARKING REQUIREMENTS Page 138 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 5.8.2.B (3) - 60° Parking C. Loading Space Dimensional Standards. The minimum aisle width shall be in accordance with Table 5.8.2.C – Loading Space Dimensional Standards: Table 5.8.2.C – Loading Space Dimensional Standards Land Use Minimum Required Dimensions 10’ wide; 50’ deep Wholesale and Industrial Uses All Other Uses 10’ wide; 35’ deep Overhead Clearance 14’ D. One electric vehicle charging station in accordance with Section 3.2.15 is required per 10 parking spaces, not to exceed 30 spaces. 5.9 Shared Parking Arrangements A. Shared parking facilities are permitted by the City with the following intentions: 1. To reduce the gross land area used for parking lots and parking infrastructure in non-residential areas. 2. To reduce development and maintenance costs associated with parking infrastructure that is rarely or never fully utilized. 3. To foster connectivity between neighboring business and commercial enterprises. B. Where shared parking facilities are proposed, the following standards shall be met: 1. There shall be paved vehicular inter-parcel access between the subject properties. 2. There shall be paved pedestrian inter-parcel access between the subject properties. 3. The subject property owners shall execute a cross-access and cross-parking agreement, provided in a CHAPTER 5: PARKING REQUIREMENTS Page 139 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy recordable instrument, acceptable to the City. The agreement shall guarantee the joint use of a specified number or share of parking spaces. 4. In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off-street parking requirements for a use or be counted towards shared parking requirements. C. A City shall be furnished with a parking study to demonstrate the proposed shared parking agreement will provide adequate parking for the subject property and land uses. The study shall include the following requirements: 1. Estimates of parking requirements based on professionally accepted data or studies, such as from the Institute of Traffic Engineers, Urban Land Institute, or other sources acceptable to the City. a. Parking requirements shall be based on uses that are the same or comparable to the proposed uses. Comparability shall be determined by density, scale, bulk, area, type of activity, and location in relationship to other uses and the transportation system. b. Parking requirements shall be based upon peak hours of need for each use proposed to share parking facilities. The hours of maximum, or peak, parking demand of the respective developments shall not overlap. 2. Document the source(s) of data used to develop recommendations. 3. Document the extent to which transportation system management and alternative forms of transportation (pedestrian and bicycle) reduce the parking requirement. 4. Document the availability of off-site parking to meet a portion of the parking requirements. Off-site parking shall not be located more than 150 feet from the uses that require parking. The study shall be accompanied by documentation to demonstrate the continued availability of the off-site parking, such as easements or other recordable instruments. D. Shared Parking Calculation. 1. The process for determining the minimum parking requirements shall be as follows: a. Determine the minimum number of parking spaces required for each use category from Section 5.6, Required Parking Spaces and Loading Spaces. b. Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below. c. Total the number of parking spaces for each of the time periods. d. The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties. 2. Shared Parking Requirements shall be as per the Table 5.9, Shared Parking Requirements. Table 5.9 – Shared Parking Space Requirements WEEKDAYS 6:00 A.M. to 5:00 5:00 p.m.to 1:00 LAND USE P.M. A.M. Residential 80% 100% Office 100% 10% Retail 95% 85% Hotel 60% 100% CHAPTER 5: PARKING REQUIREMENTS WEEKENDS 6:00 A.M. to 5:00 P.M. 80% 20% 100% 60% 5:00 P.M. to 1:00 A.M. 100% 5% 70% 100% Page 140 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Restaurant 75% Entertainment 50% Place of Worship 50% 100% 85% 50% 60% 70% 100% 100% 100% 60% 5.10 Parking Garages A. Where practicable, the ground floor facade of any parking structure abutting a street or walkway shall be wrapped with retail or office uses. Where appropriate, liner buildings shielding the garage from public view should be considered. B. Facades shall be designed and architecturally detailed to be compatible and complementary to other uses within the district. C. When fronting a street, windows or other openings shall be provided. 5.11 Bicycle Parking A. Applicability. Bicycle racks are required within all multi-family, mixed-use, and non-residential developments. B. Design and Location. 1. Bicycle parking spaces shall be located to be readily visible by the public or by building users, except in the case of long-term parking spaces located in secure areas accessible only to employees, staff, or residents. 2. Racks or other spaces shall not intrude on sidewalk zones, or other pedestrian walkways or trails. 3. Bicycle parking spaces shall be accessible without climbing stairs, going up or down a slope of more than 12% and via a route on the property that is designed to minimize conflicts with motor vehicles and pedestrians. 4. All bicycle racks be located greater than 100 feet away from the subject pedestrian entrance. 5. All bicycle racks and similar installations shall be securely anchored to the ground or building structure. 5.12 Stacking Spaces A. This Section applies only to drive-through, drive-thru, drive-up, and similar uses. They are referred to collectively as “drive-through” uses. B. Spaces Required. In addition to the parking required for each use, establishments with drive-through facilities shall provide stacking spaces for each drive-through station as indicated by a parking study, transportation management plan, or other approved evidence that will help to determine the appropriate spaces requirements, submitted to the Director. C. Dimensions. Each lane of stacking spaces shall be at least 9 feet in width and at least 18 feet in length. Edges of stacking lanes shall be delineated with pavement markings. D. Bypass Lane. Drive-through restaurants shall include a bypass lane adjacent to the required stacking lane. The bypass lane shall have a minimum width of ten (10) feet and be designed to allow vehicles to CHAPTER 5: PARKING REQUIREMENTS Page 141 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy circumvent or leave the stacking lane without waiting for other queuing vehicles to exit. E. Location and Design. Stacking lanes shall be located on the subject property. They may not be located within required driveways or drive aisles, parking spaces or loading areas and may not interfere with access to parking and ingress and egress from the street. Stacking lanes and drive-through windows shall not be located between the principal building and the front street. F. Pedestrian Access. The principal pedestrian access to the entrance of the use from a public sidewalk shall not cross the drive-through facility stacking lane. Figure 5.11 - Stacking Space Requirements CHAPTER 5: PARKING REQUIREMENTS Page 142 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 6: SIGN STANDARDS 6.1 Legal Framework 6.1.1 Purpose and Intent A. The City of Stockbridge finds that signs are a proper use of private property, are a means of personal free expression, and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. It is the purpose of this article to promote public health, safety, and general welfare through reasonable, consistent, and fair sign standards. These sign regulations are not intended to censor speech or to regulate viewpoints, but to regulate, mitigate, and prevent adverse secondary effects of signs on City aesthetics, property values, and traffic and pedestrian safety. Accordingly, it is the intention of the City to establish regulations governing signs which will: 1. Balance the burgeoning growth of Stockbridge and it’s interstate highway corridors with the protection and promotion of aesthetics and property values by minimizing the potential adverse effect and visual blight which may be caused by signs; 2. Ensure that Stockbridge remains an attractive community to reside and conduct business in, it is necessary to maintain a visually satisfying environment. Unregulated or underregulated signage may have an undesirable effect upon safety, vehicle and pedestrian circulation, and the well-being of the community; 3. Promote and protect the public health, safety, and general welfare; 4. Protect the character of the City’s historic core and residential neighborhoods; 5. Enhance the economy of Stockbridge by promoting the reasonable, orderly and effective display of signs; 6. Balance the rights of persons to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs; 7. Restrict signs and lights which increase clutter or which increase the probability of traffic accidents by obstructing vision; and 8. Promote signs compatible with their surroundings. 6.1.2 Authority This Article is enacted pursuant to Article IX, Section II, Paragraph IV of the Georgia Constitution of 1983, the Charter of the City of Stockbridge, the general police powers of the City of Stockbridge and other authority provided by federal, state, or local laws applicable hereto. 6.1.3 Applicability A. These sign regulations shall be valid throughout the City limits and apply to all signs that are intended to be viewed, or which can be viewed from a public right of way, a private street, or adjacent property. Signs shall be erected, placed, established, painted, created, and maintained in accordance with the physical standards outlined in this Chapter. Sign placement and size regulations shall vary between districts. B. Some signage has a single targeted function, and identification of signage by description is impossible CHAPTER 6: SIGN STANDARDS Page 143 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy without referring to its function. For instance, address numerals are used for the sole purpose of identifying addresses, which is a benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. In addition, directional signs are used for the sole purpose of ensuring safe movement of vehicles entering and exiting property to and from public rights-of-way, private roads, and driveways. While such signage may be referenced based upon the function it serves within the context of this Chapter, the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. C. Nothing herein shall be construed to permit display of any message which is obscene, illegal or speech which is otherwise unprotected under the First Amendment of the United States Constitution. Nothing herein shall be construed to prohibit a prosecution for violation of a criminal statute by the City or other duly constituted government authority or a civil action by the City or other private person or entity. 6.2 Review and Approval 6.2.1 Procedures A. Permit. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any sign as defined in this without a permit, except as otherwise provided in this Chapter. No permit for a sign shall be issued until a sign application is submitted and deemed complete the City. B. Application. Application for permits to install signs shall be made upon forms that are provided by the City and shall contain or have attached thereto the following information prior to being considered complete: 1. Name, address, and telephone number of the applicant. 2. Address and tax map parcel number of the location of the proposed sign. 3. The proposed sign type, consistent with the regulations of this Chapter. 4. A sign location plan, to scale, depicting the precise location and dimensions of the proposed sign on the property in the context of all other existing improvements on the site. 5. Sign renderings providing the contents, specifications, and method of construction, attachment, or installation of the sign. The renderings must also provide the precise dimensions and sign area of the sign, and an indication of whether the sign will be illuminated and details of illumination, if any. 6. Name of the person or entity to physically install the sign. 7. Written consent of the owner of the building or lot upon which the sign is to be erected. 8. A written list describing all other signs located on the lot indicating the sign type, size, and placement, including photographs of existing building frontage and signage. 9. Such other information requested by the City, as may reasonably be required for the permitting of a sign. C. Expiration Date. 1. If the work authorized by issuance of a sign permit has not been initiated within 12 months of the date of permit issuance, or if such work does not comply with building code and construction standards as provided in this municipal code, the permit shall become null and void. 2. Except as otherwise provided in this Chapter, a temporary sign permit shall authorize the display of a CHAPTER 6: SIGN STANDARDS Page 144 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy temporary sign only for a period of 30 consecutive days from the date of issuance. In no case shall the same premises be issued a temporary sign permit more than four times in a 12 month period. Upon expiration of the temporary sign permit, the permittee shall remove the temporary sign and its supporting structure. D. Processing. 1. The City shall process all sign permit applications within ten (10) business days of the City’s actual receipt of a completed application for a sign permit. a. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. b. The Director shall reject any application containing any materially false statements or material omissions. c. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. 2. Within ten (10) business days of a completed application, the Director shall: a. Issue the permit upon determination that the application fully complies with the provisions of this Chapter, building codes adopted by the City, and all other applicable laws, regulations, and ordinances of the City; or b. Inform the applicant, in writing, of denial of the permit, stating the reasons why the permit cannot be issued. 3. If the City does not process an application for a sign permit within 10 days as set forth in this article, then the application shall be considered approved; provided this approval shall not authorize the violation of any standards of the UDC regulating such sign and vests no rights in the owner of a sign erected or constructed in violation of the UDC. Any such sign in violation of the UDC shall be treated identically to a sign affirmatively approved in error by the City, vesting no rights in the sign and subject to revocation of the permit by the City under the provisions of this Chapter. 4. Should it be determined that a sign permit was issued pursuant to an application containing a material false statement, the Director shall revoke the subject sign permit in accordance with Chapter 12, Violations, Penalties, and Enforcement and the subject sign shall be removed. 5. The approval or denial of a sign permit by City staff may be appealed to the City Council pursuant to Chapter 11, Variances and Appeals. E. Fees. No permit shall be deemed complete, and no sign permit shall be issued until the appropriate application fees, as established by the adopted fee schedule, have been paid. 6.2.2 Construction and Maintenance A. All signs, together with all their supports, braces, guides, and anchors shall be kept in constant good repair and, unless constructed of galvanized or non-corroding metal, shall periodically be given an appropriate protective coating. The area surrounding the base of all signs shall be maintained free of high weeds and debris. CHAPTER 6: SIGN STANDARDS Page 145 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. The City may periodically inspect signs to determine compliance. C. The permittee shall remove discarded or unusable paper, sign faces, parts and debris from the sign or sign structure. D. No permittee shall allow sign(s) to fall into disrepair. On first class mail written notice from the City to the sign owner and property owner, any sign which is in disrepair or vandalized shall be repaired or removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 11, Variances and Appeals. E. Abandoned Signs. On first class mail written notice from the City to the sign owner and property owner, any sign associated with a business which has ceased operations for 60 consecutive days shall be removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 11, Variances and Appeals. 6.3 Administration and Enforcement 6.3.1 Responsibilities A. Responsible for Administration. This Chapter shall be administered and enforced by the Director or their designee, who is also responsible for administering the receipt, review, and processing of all applications for sign permits; and all sign application requests filed with the City of Stockbridge. B. Responsible for Compliance. Responsibility for compliance with this Chapter rests upon the sign owner, the permit holder, any and all parties holding the present right of possession and control of the property whereon the sign located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control of the lot or parcel. 6.4 General Regulations 6.4.1 Generally A. All signs shall be in compliance with the provisions of this article, the Standard Building Code, the UDC, and the National Electric Codes as adopted. B. All signs shall be placed on private property, except signs erected on public property by an authorized governmental unit. C. No sign shall be attached to or painted on a telephone pole or power pole, or any tree, rock or other natural object. D. Any sign allowed under this article may contain any message except that such messages shall not be obscene, as defined by the courts. E. For the purposes of determining the number of signs, ground signs shall be equal to the number of sign structures. All other non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in random manner without organized relationship of elements, each such element shall be considered to be a single CHAPTER 6: SIGN STANDARDS Page 146 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy sign. F. No sign or sign structure (above a height of three (3) feet) shall be maintained within 15 feet of the intersection of the extended right-of-way lines of two streets, of an intersection of a street right-of-way with a railroad right-of-way, or otherwise placed in a location that limits sight distance. G. No sign or sign structure may be erected or maintained which obstructs any fire escape, window, ventilation, door or hydrant; nor shall any sign or sign structure be attached to a fire escape. H. All signs located adjacent to or above a sidewalk or multi-use path shall maintain a minimum eight (8) foot clearance below. All such signs shall maintain at least one (1) foot of horizontal separation from the edge of the sidewalk or multi-use path they overhang. I. Construction Near or on a Lot Containing an Existing Billboard or Pylon. Construction of any structure, building, or appurtenance adjacent to, or on a lot containing an interstate sign, billboard, or pylon sign under the standards of this provision shall require that: 1. No buildings, structures, appurtenances, or new signs may be constructed within the "fall zone" of such sign. A "fall zone" is defined as an area equal to 133% of the height of the sign in every direction. 2. No subdivision of a parcel containing a interstate, billboard, or pylon sign shall be permitted unless the subdivided lot containing the sign is large enough to encompass the "fall zone" of such sign. 6.4.2 Prohibited Signs A. The following types of signs are prohibited in all zoning districts of the City: 1. Abandoned Signs. 2. Animated signs that incorporate frequent flashing, action, motion, or significant changes in color or light intensity. 3. Aerial view signs. 4. Dilapidated Signs. 5. Flashing Signs. Signs installed for safety or control of traffic are exempt from this provision so long as they meet all physical and other standards of the Manual on Uniform Traffic Control Devices. 6. Inflatable signs. 7. Mobile signs. 8. Pole or pylon signs. 9. Roof signs. 10. Signs imitating public warning or traffic control devices. Any sign that displays intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, and any sign that may confuse a driver to believe such a sign to be an official public warning or traffic control device is prohibited. Any sign that uses the dimensional shape, size, colors of, or otherwise substantially imitates a public warning sign or traffic control device is prohibited. 11. Signs or sign support structures that obstruct any fire escape, window, door, stairway, exit, utility access or opening usable for fire prevention, suppression, or connection. No sign shall interfere with any opening required for ventilation. 12. Signs illuminated using neon. CHAPTER 6: SIGN STANDARDS Page 147 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 13. Signs that feature beacons, search lights, or lasers. 14. Signs attached to or supported by any trees, utility pole, or similar vegetative or utility feature. 15. Snipe signs. 16. Any other type of sign not permitted or regulated by this Chapter. 6.4.3 Signs Exempt from Permit Requirements A. The following signs are exempt from the permitting requirements of Section 6.2, Review and Approval, provided; however, that such sign shall be subject to all other provisions of this Chapter: 1. Wall signs, window signs, and door signs, not to exceed one (1) square foot in area nor three (3) of each sign type per property. 2. Temporary signs, not to exceed four (4) square feet in area, nor two (2) per property. 3. Hand-held signs. 4. Flags. 5. Informational signs, not to exceed two (2) per property, except that parcels containing more than one licensed business may contain up to four (4) standard informational signs. 6. Markers placed over grave sites. 7. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, ethnic, or religious holidays, as well as national, state, and City holidays, from one month prior to the commencement of the holiday until two weeks following its completion. 8. Property Address Signs. 9. Signs located completely inside an enclosed space. 10. Signs on products that are an integral part of the product, the product’s packaging, and product dispensers (such as but not limited to a soft drink machine). 11. Signs protected by federal law. 12. Signs protected by state law. 13. Traffic Control Devices and Signs defined by the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways. B. No sign permit shall be required to change the message or copy of a changeable copy sign, provided the business or entity associated with the sign remains the same. 6.5 Illumination 6.5.1 Permitted Illumination A. Illumination of a sign is optional. B. Except as authorized in this Chapter, any flashing, blinking, reflective, animated, or rotating lights, or signs with intermittent or varying intensity of artificial illumination whether deliberate or as a consequence of a defect in the sign or illumination source shall be prohibited for any and all signs. C. All light sources shall be shielded to prevent illumination spillover onto properties or adjacent roadways except where the light source is located or permitted under a sign plan. Signs and related fixtures shall be International Dark Skies Association Standards compliant and full cut off. CHAPTER 6: SIGN STANDARDS Page 148 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy D. No internally illuminated sign shall exceed 20 foot-candles of incandescent light at any point greater than ten (10) feet from the subject sign structure. E. Signs which are externally illuminated shall be lighted so that no lights are positioned in such a manner that light glares or shines into the eyes of nearby motorists or travelers so as to create a hazardous or dangerous condition. F. Nonresidential and Mixed-Use. Signs in nonresidential and mixed-use zoning districts shall satisfy the following illumination requirements: 1. No sign shall be illuminated by neon lights, by lights that flash, move, change in intensity, or turn on intermittently several times per day, except for sign areas limited to a maximum of two (2) square feet per sign which may change no more than once per minute. 2. To prevent glare visible from adjoining streets or properties, the beam of any light shall be directed so as not to be visible beyond the sign at which it is directed, and the light source shall not be visible from any point on an adjacent property or the public right-of-way. 3. Light from any illuminated sign shall not be more than 0.5 foot-candles at any boundary of the property on which the sign is placed, and must not interfere with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent properties. G. Residential. Signs located in a residential district shall not be illuminated other than signs erected at the entrance of the subdivision or other common residential development. 6.5.2 U.L. Types All components of an illuminated sign shall be Underwriters Laboratories, Inc. (U.L.) listed, or the equivalent thereof, with an identification label that clearly shows the manufacturer of the sign. 6.5.3 Changeable Copy A. Changeable Copy are allowed for monument signs for uses listed under Section 6.6.2, Non-Residential Land Uses only. The sign structure on which the Changeable Copy face is used is required to comply with Section 6.7.3, Monument Signs. B. Changeable Copy portions of authorized monument signs are limited to 12 square feet of the total allowable sign area. C. No parcel shall contain greater than one (1) changeable copy sign. D. Changeable copy signs must contain static messages only and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message. E. Changeable copy shall not change more than once every 24 hours. F. Installer Certification. Prior to the issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set to not exceed 0.3 footcandles over ambient lighting conditions when measured at the measurement distance provided in this section and that the intensity level is protected from end-use manipulation by password protected software or other method deemed appropriate by the City. G. All signs shall contain a mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions. CHAPTER 6: SIGN STANDARDS Page 149 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6.6 Authorized Signs by Land Use 6.6.1 Residential Land Uses A. Only the following types of signs are allowed for residential land uses (e.g., single family, townhome, and multi-family developments, including the multi-family buildings in mixed use developments, and those portions of residential uses constructed over commercial ground floor uses): 1. Monument signs limited to one per subdivision/development entrance. Monument signs may not exceed 32 square feet of sign area and six (6) feet in height. 2. Window and Door Signs. Window and door signs may not exceed four (4) square feet of sign area and shall be limited to a maximum of two (2) per lot or unit. 3. Property address signs. 4. Flags. 5. Temporary Signs. Temporary signs may not exceed 16 square feet of sign area and shall be limited to a maximum of four (4) per lot. B. The total of all signs shall not exceed four (4) signs of any allowed type where a single residence is on the lot. 6.6.2 Non-Residential Land Uses All sign types identified in this UDC are permitted for commercial, office, mixed use, industrial, or civic/institutional uses in accordance with the provisions of this Chapter. 6.7 Permanent Signs 6.7.1 Generally A. All signs shall be required to be located within the required front yard of a principal structure and shall not be permitted to extend beyond the front property line into the street right-of-way. 6.7.2 Measurement of Sign Area A. Area. 1. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign area from the structure upon which it is placed. CHAPTER 6: SIGN STANDARDS Page 150 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 6.7.2.A.1 - Sign Area 2. If polygons established around wall signs located on the same street-oriented wall are within 24 inches or less of one another, then the area of the sign shall be measured within one (1) continuous polygon. Figure 6.7.2.A.2 - Contiguous Polygon B. Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: 1. Existing grade prior to construction; or 2. The newly established grade after construction, exclusive of any filling, beaming, mounding, or excavating solely for the purpose of locating the sign. 1. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoned lot, whichever is greater (surveyor's certificate required). Where the normal grade is below the normal grade of a public street, the sign base can be raised to the elevation of the normal grade of the street before the height limitations CHAPTER 6: SIGN STANDARDS Page 151 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy are applied (surveyor's certificate required). At no time shall any sign's overall height exceed the zoning district's height limitations. Any portion of such wall or other decorative structure that is discernibly devoted to the support of the sign or, by its design or architectural treatment, intended to provide a background or frame for the sign shall be included when computing sign height. Figure 6.7.2.B - Sign Height C. Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. D. Multi-Faced Signs. For multi-faced signs, when the sign face surfaces are parallel and are back-to-back, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the area on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one (1) time from any angle. Figure 6.7.2.D - Multi-Faced Signs 6.7.3 Monument Signs A. Summary. Table 6.7.3.A – Monument Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.3 Monument Signs, the detailed regulations shall control. Table 6.7.3.A – Monument Sign Regulations Summary Sign Type Sign Area Height Quantity CHAPTER 6: SIGN STANDARDS Illumination Page 152 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Monument 80 SF 8 FT 1 per lot; 1 additional for property of at least 1 acre in size Internal, External B. All Monument Signs are subject to the following restrictions: 1. A monument sign shall have a three-foot landscaped area maintained at its base, which may be composed of shrubs, hedges, grass, mulch or similar ground cover. 2. One (1) monument sign is permitted per lot. 3. One (1) additional monument sign is permitted for any lot of at least one (1) acre in size. If one of the street frontages is on a street serving a residential strict, a second sign shall be prohibited. 4. Street address numbers shall be posted on each face of all monument signs intended to be viewed from a public road. For monument signs that serve multiple addresses, the range of addresses and/or building numbers shall be on the face of the monument. The street address numbers shall be accurate and measure at least six (6) inches in height. 5. No entrance sign shall be placed in the median, or between any travel lanes, of a public or private roadway or access drive. 6. Sign Area and Height. Monument signs shall not exceed 64 square feet per sign face and a heigh of eight (8) feet. 7. Location. Monument Signs shall be located a minimum of five (5) feet from the right-of-way and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 8. Illumination. All Monument Signs may be externally illuminated. Monument Signs for uses listed under Section 6.6.2, Non-Residential Land Uses only may be internally illuminated. 9. Materials. Monument Signs shall be constructed with a solid brick, stone, stucco, and/or architecturally masonry base. The base of the sign shall be at least wide as the sign face. 6.7.4 Building Signs A. Building Signs include wall, projecting, and awning sign types. Regulations apply to all building sign types when referred to as Building Signs. B. Summary. Table 6.7.4.B, Building Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.4, Building Signs, the detailed regulations shall control. Table 6.7.4.B – Building Sign Regulations Summary Sign Type Sign Area 10% of wall face or 100 SF, whichever is Wall less Projecting 24 SF Awning/Canopy 10% of awning or canopy space Quantity 1 per tenant, per street frontage C. All Building Signs are subject to the following restrictions: 1. Method of Attachment. a. All signs shall be constructed and erected to withstand a horizontal wind load of 30 pounds per square foot in any direction together with the dead load of the construction. b. Signs shall be attached in a manner that allows for their removal without adversely impacting the exterior of the subject building. CHAPTER 6: SIGN STANDARDS Page 153 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy c. The visibility of conduit and raceways associated with a sign shall be minimized; however, if raceways must be exposed, they should be finished to match the facade or integrated into the overall design of the sign D. Wall Signs. 1. Method of Attachment. a. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached. b. 2. Quantity. a. One (1) wall sign is permitted per tenant or street frontage. b. Businesses without a street on which there is frontage, but which have exterior entrances to the building, are entitled to one (1) wall sign on the exterior wall of the business where the primary entrance is located. c. For corner lots, a second wall sign may be permitted facing the side street. d. End units of buildings on any lot may also have a second wall sign on the side of the building 3. Sign Area. Individual Wall Sign area shall not exceed 10% of any individual Wall Face or 100 square feet, whichever is less E. Projecting Signs. 1. Method of Attachment. a. All projecting signs must be installed at a 90 degree angle to the building façade on which they are mounted. 2. Projection from Wall. a. No portion of a projecting sign may extend over parking spaces, drive aisles, or public rights- of-way. b. No projecting sign may project more than eight (8) feet from façade of the building which supports it. c. No projecting sign shall have a maximum height higher than the building which supports it. 3. Sign Area. Projecting Sign area shall not exceed 24 square feet per sign face. 4. Quantity. One (1) projecting sign is permitted per tenant or street frontage. F. Awning/Canopy Signs. 1. Method of Attachment. Signs must be painted or installed directly on the valances of the awning or canopy. 2. Projection from Wall. Awnings or canopy signs must vertically clear sidewalks by at least eight (8) feet and may not extend further than one (1) foot off the curb line. 3. Sign Area. The sign area of any canopy or awning sign shall not exceed 10% of the surface area of the subject canopy or awning. CHAPTER 6: SIGN STANDARDS Page 154 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4. Quantity. One (1) awning or canopy sign is permitted per tenant or street frontage. 5. Illumination. Awning or canopy signs may be internally illuminated. 6. Materials. Signs must be of durable fabric or non-rigid material on a supporting framework. 6.7.5 Other Signs A. Summary. Table 6.7.5.A – Other Permanent Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.5, Other Signs, the detailed regulations shall control. Table 6.7.5.A – Other Permanent Sign Regulations Summary Sign Type Sign Area Height 25% of window or door Window N/A area Hand-Held N/A N/A Signs 20 FT if ground Flags 24 SF mounted Quantity 3 per tenant N/A 3 flags per lot B. Property Owner Responsibility. The property owner is responsible for installing, repairing, and maintaining signs in accordance with the requirements and regulations of this article. Signs found to be non-compliant may be subject to enforcement procedures and/or penalties as provided in this UDC. C. Window Signs. 1. Sign Area. Window signs must not exceed 25% of the area of the subject window or transparent door area. 2. Quantity. a. There shall be a maximum of four (4) internal signs adjacent to internal road(s) serving the development. D. Hand-Held Signs. 1. Any person supporting a hand-held sign shall remain no less than ten (10) feet away from any building, occupiable structure, street, driveway, or drive-aisle, and shall not handle the sign in a manner that may interfere with vehicular or pedestrian traffic. E. Flags. 1. Generally. a. No flag shall be installed in a manner as to impede vehicular or pedestrian traffic, nor obstruct any public road, sidewalk, or multi-use trail. b. Nothing contained in this Section shall be interpreted to prohibit or restrict the right to display eligible flags as banners or signs as otherwise provided by local, state, or federal codes or regulations. 2. Sign Area. The flag shall not exceed 24 square feet. 3. Quantity. No greater than three (3) flags may be displayed on any property, except that any flags that are not reasonably visible from any nearby public or private roadways shall not be considered as CHAPTER 6: SIGN STANDARDS Page 155 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy contributing to the maximum number of flags permitted. 4. Regulations for Flagpoles. a. In-ground pole. A flag may be flown from a metal or wood pole which is permanently placed in the ground. The pole shall not exceed two and five-eighths (2⅝) inches in diameter, nor 20 feet in height. b. Attached pole. A flag may be flown from a metal or wooden pole attached to a bracket projecting from the side of a building or door frame. The pole shall not exceed six (6) feet in length, nor one (1) inch in diameter. 6.8 Temporary Signs 6.8.1 General Regulations A. Temporary Signs shall adhere to the following general requirements, unless otherwise specified: 1. No parcel of land may host more than two (2) temporary signs at the same time. 2. No property shall be the recipient of more than four (4) temporary sign permits per calendar year. 3. No ground-mounted temporary sign shall exceed a height of eight (8) feet. 4. All temporary signs shall be located a minimum of five (5) feet from the right-of-way and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 5. All temporary signs shall be securely installed and satisfy all applicable life safety and building codes adopted by the City. 6. Permitting. A permit is required for all temporary signs unless otherwise specified in this Chapter. 6.8.2 Summary A. Table 6.8.2.A – Temporary Signs Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.4, General Regulations, Table 6.8 .2.A– Temporary Signs Summary the detailed regulations shall control. Sign Type Temporary Sign Area 32 SF Height 8 FT if ground mounted Quantity 2 per tenant 6.9 Requirements for Master Sign Plans 6.9.1 General Regulations A. The intent of a master sign plan is to promote consistency among signs within a development and enhance the compatibility of signs with the architectural and site design features within a development. B. The Director may authorize a multi-jurisdictional master sign plan for a development that is situated within the City of Stockbridge and one (1) or more other municipalities or the unincorporated area of Henry CHAPTER 6: SIGN STANDARDS Page 156 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy County. C. All signs that are erected or maintained shall conform at all times to the approved master sign plan. D. The signs which are approved through the master sign plan are the only signs that are allowed; any deviations from an approved master sign plan shall be unlawful unless and until a revised master sign plan is approved. 6.9.2 Application A. An application for a master sign plan shall be made upon forms that are provided by the City. The application shall describe and set forth the following and any additional information pertinent to the application as may be requested by the City to determine compliance: 1. All information as outline in Section 6.2, Review and Approval; 2. An accurate indication of the location of each present and proposed future sign of any type, whether requiring a permit or not; and 3. Computation of the maximum total sign area per proposed building. 6.9.3 Processing A. The City shall process all master sign plan applications within ten (10) business days of the City’s actual receipt of a completed master sign plan application. 1. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. 2. The Director shall reject any application containing any materially false statements or material omissions. 3. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. B. Within ten (10) business days of a completed application, the Director shall: 1. Approve the application upon determination that the application fully complies with the provisions of this Section; or 2. Inform the applicant, in writing, of denial of the application, stating the reasons why the application cannot be approved. C. As part of the review, the Director may grant the following: 1. One (1) additional monument sign; or 2. Two (2) single-faced monument signs in lieu of the allowed monument sign; or 3. Deviations from general standards for multi-jurisdictional master sign plans. 6.9.4 Amendments A. A master sign plan may be amended by filing a new master sign plan application in accordance with Section 6.9, Requirements for Master Sign Plans. CHAPTER 6: SIGN STANDARDS Page 157 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6.10 Landmark Signs 6.10.1 General Regulations A. Landmark signs shall be controlled by the contents of this Section when any conflict arises with the provisions of other contents of this Chapter or this UDC. B. A landmark sign may only be designated as such by the Mayor and City Council. 6.10.2 Procedures A. Application. An application for a landmark sign shall be made upon forms that are provided by the City. The application shall describe and set forth the following and any additional information pertinent to the application as may be requested by the City to determine compliance: 1. A site A site plan, to scale, demonstrating all existing improvements upon the property and the precise location of the subject sign; 2. A narrative statement describing how the subject sign has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art; 3. Additional information as requested by the Director or their designee for the landmark sign designation process; 4. All fees associated with a review must be paid in full before any application will be processed or reviewed. B. Processing. 1. Completeness Determination. Applications will be submitted to the Director and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Section and noted in the application materials. 2. Complete Application. Once an application has been deemed to be complete, the Director shall transmit the application to the appropriate reviewing body for review and recommendation. The Director shall notify the applicant that the application is complete. 3. Effect of Incomplete Application. Incomplete applications will not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application. C. Action by the Mayor and City Council. 1. Consideration by the Mayor and City Council. All rezoning applications shall be considered by the Mayor and City Council at a public meeting. 2. Standards and Criteria. The Mayor and City Council shall review and make recommendations on the proposed landmark sign application based upon the standards in Section 6.10.3, Review Standards for a Landmark Sign. 3. Actions by the Mayor and City Council. Following the public meeting, the Mayor and City Council shall take one of the following actions: a. Approve; CHAPTER 6: SIGN STANDARDS Page 158 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy b. Approved with conditions; or c. Denied. 6.10.3 Review Standards for a Landmark Sign A. When reviewing an application for a landmark sign, all the criteria listed below shall be considered 1. The subject property does not contain greater than one (1) other landmark sign; 2. The subject sign does not measure greater than 150 square feet in sign area; 3. The subject sign does not cause a hazard to public safety or nearby travelers; 4. The subject sign was completely installed no less than 20 years prior to the intended date of designation; or 5. The subject sign has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. 6.10.4 Revocation A. Following the designation of a landmark sign, the subject sign shall retain this designation indefinitely. The Mayor and City Council may revoke landmark sign designation if one or more of the following occurs: A. The subject sign is removed or relocated from the position it was in at the time of designation, except for minor positioning adjustments necessitated by factors such as utility work or building or structure maintenance or repair; or B. The subject sign has been substantially altered in a way that eliminates its historic or culturally significant character. B. Replacement of lighting, electrical, structural, and mechanical components with modern equivalents shall not be considered a substantial alteration in and of itself. 6.11 Variances Mayor and City Council are authorized to grant variances from this Chapter pursuant to the procedures and requirements of Chapter 11, Variances and Appeals. 6.12 Nonconforming Signs A. The following provisions shall apply to signs which, on the effective date of this Chapter, were approved and legally erected under previous sign restrictions and which became nonconforming with respect to amendments to the text of this Chapter adopted after sign approval: 1. A nonconforming sign shall not be altered except in compliance with the provisions of this Chapter. 2. Minor repairs and maintenance to non-conforming signs, such as the repair or replacement of paint or electrical components, shall be permitted as long as no repair exceeds 50% of the value of the sign as determined by the City. 3. A nonconforming sign shall not be replaced by another sign except for one which complies with the requirements of this Chapter. CHAPTER 6: SIGN STANDARDS Page 159 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. The message or face of changeable sign areas on nonconforming signs shall be permitted. C. Lawfully nonconforming signs must be removed from a site when any of the following conditions occur: 1. 90 days after a business is closed, if no new business is operating inside the same building or tenant space, non-conforming signs must be removed. 2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt. 3. The sign has been damaged or destroyed to such extent that more than minor repairs (greater than 50% of the replacement cost of the existing sign) or a structural change is required to restore the sign. CHAPTER 6: SIGN STANDARDS Page 160 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 7: NONCONFORMING STANDARDS 7.1 Purpose and Intent A. Within the districts established by the City of Stockbridge UDC, and in other provisions and amendments thereto, there exist lots of record, uses of property, structures, buildings, and other improvements and features that were lawfully established prior to the adoption or amendment of this Code, but that would be prohibited under its current terms or future amendment. They are collectively referred to herein as “nonconforming situations.” B. The intent of this section is to allow such nonconformities to continue until they are removed or discontinued, while protecting the public health, safety, and welfare. This section is not intended to facilitate their enlargement or expansion, nor be used as grounds for creating lots or adding structures or uses prohibited in a particular zoning district. 7.2 Determination of Lawful Nonconforming Situations A. Nonconforming lots of record are lots which have an area, frontage, or other characteristic that does not conform to the requirements of the underlying zoning district and/or the broader Code. In the circumstance that land is taken from a lot of record for public purposes, such as eminent domain, and causes the lot to become substandard, it shall be considered a lawful nonconforming lot of record if it otherwise meets the definition of a lot of record. B. Nonconforming uses of property are land uses, whether primary or accessory, which do not conform to the land use requirements of the underlying zoning district. C. Nonconforming structures and buildings are those which do not satisfy the underlying area, dimensional, architectural, or height requirements of the underlying zoning district and/or the broader Code. D. Nonconforming improvements and features are site elements which do not conform to the current setback, dimensional, lot coverage, or yard positioning requirements of the underlying zoning district and/or the broader Code. E. The burden of proving a nonconforming situation was lawfully established is that of the subject property owner. A preponderance of evidence shall be provided by the subject property owner to prove lawful establishment of the nonconforming situation, and also to indicate its continuity, meaning documented, ongoing use or operation without interruption for a period exceeding that allowed lapse under this UDC. 1. Continuity shall be evaluated on the basis of objective, verifiable documentation showing that the nonconforming use or structure remained active, occupied, maintained, or otherwise in operation during the relevant period. Examples of acceptable documentation may include building permits, certificates of occupancy, aerial imagery, tax records, utility records, or other similar records that substantiate continuous activity. 2. The Community Development Director shall determine whether adequate proof of nonconforming status and continuity has been provided for a given situation. CHAPTER 7: NONCONFORMING STANDARDS Page 161 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 7.3 Nonconforming Lots of Record A. An undeveloped, nonconforming lot of record shall be developed pursuant to any City approved recorded plats or conditions of zoning. In the case these are not applicable, the lot may be developed pursuant to the requirements of the underlying zoning district. B. Two (2) or more abutting nonconforming lots of record may be combined into a single lot, provided the resultant lot meets all applicable dimensional standards of the underlying zoning district. C. A lawful structure or building upon a nonconforming lot of record shall be allowed to continue in its current condition, and may be expanded or altered, to become compliant, pursuant to the requirements of the underlying zoning district. D. Nothing in this chapter shall be construed as to prevent the routine maintenance and care of any existing building or structure upon a nonconforming lot of record, nor to confer any variance, exception, or waiver upon a site. 7.4 Nonconforming Buildings and Structures A. Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming buildings or structures, provided all of the following circumstances exist: 1. Repairs do not exceed 25% of the value of the nonconforming building or structure as it existed immediately before the repair. 2. Neither the floor area nor the footprint of the subject building or structure is increased. 3. The Community Development Director may approve minor deviations from dimensional standards when necessary to accommodate routine maintenance or repair, provided that: a. The deviation does not increase the degree of nonconformity; and b. The deviation does not exceed five percent (5%) of the applicable dimensional standard. B. Any building or structure damaged by any means to an extent more than 50% of its value, as assessed immediately before the time of damage, shall no longer be considered a lawfully nonconforming building or structure. C. Any building or structure damaged by any means to an extent less than 50% of its value immediately before the time of damage may be repaired or rebuilt to that state, provided that restoration efforts shall commence within eight (8) months from the first day the damage occurred. 1. Repairs and rebuilding of a nonconforming building or structure that commences more than eight (8) months after the first day of damage shall cause the subject building or structure to conform to the requirements of this UDC. D. The alteration, expansion, or modification of any lawfully nonconforming building or structure that is occurring for reasons unrelated to damage shall be prohibited unless said alteration, expansion, or modification would bring the subject building or structure into full compliance with the requirements of this UDC. E. Any nonconforming building or structure relocated any distance for any reason shall be brought into compliance with the standards of the underlying zoning district to which it is relocated. CHAPTER 7: NONCONFORMING STANDARDS Page 162 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 7.5 Nonconforming Uses of Property A. A lawfully established land use that becomes nonconforming upon or after the effective date of this UDC may continue to function in accordance with all of the following requirements: 1. The subject site, and subsequent improvements thereon, shall remain otherwise lawful. 2. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land or floor area than was occupied prior to the date of adoption or amendment of the UDC making such use nonconforming. 3. Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any portion of the lot or parcel other than that portion occupied by such use prior to the date of adoption or amendment of the UDC making such use nonconforming. 4. The discontinuance of a nonconforming land use, regardless of reason or cause, for greater than six (6) months shall cause the subject nonconforming land use to lose its lawful status. Any subsequent use of the land shall comply with the requirements of the underling zoning district. 7.6 Nonconforming Improvements and Features A. Nonconforming improvements and features are site elements that generally cannot be occupied and are secondary to the main building upon the subject property. These objects include, but are not limited to, the following: 1. Fences, walls, and gates. 2. Dumpsters and dumpster enclosures. 3. Vehicle parking areas. 4. Driveways and access provisions. 5. Exterior site lighting equipment. 6. Swimming pools. 7. Sidewalks, multi-use paths, or trails. B. No change to any nonconforming site improvement or feature shall be made which increases the degree of nonconformity with the requirements of this UDC; however, changes may be made which result in the same or a lesser extent of nonconformity. C. Any addition to buildings or structures on the site or reconstruction of buildings or structures on the site occur, any existing nonconforming improvements or features shall no longer be considered a lawfully nonconforming improvement or feature. D. Any improvement or feature damaged by any means to an extent more than 50% of its value, as assessed immediately before the time of damage, shall no longer be considered a lawfully nonconforming improvement or feature. E. Any improvement or feature damaged by any means to an extent less than 50% of its value immediately before the time of damage may be repaired or rebuilt to that state, provided that restoration efforts shall commence within eight (8) months from the first day the damage occurred. 1. Repairs and rebuilding of a nonconforming improvement or feature that commences more than eight (8) months after the first day of damage shall cause the subject building or structure to CHAPTER 7: NONCONFORMING STANDARDS Page 163 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy conform to the requirements of this UDC. F. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking or effectively cause an improvement or feature to be closer to a property line, the deficiency thus created shall be construed as lawfully nonconforming. G. Nonconforming signage and sign structures, and any proposed improvements to such sign structures, shall be governed by Chapter 6, Sign Standards, unless otherwise specified in this Ordinance. 7.7 Termination of Detrimental Nonconforming Situations A. Fences, walls, and vegetation that constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming to this UDC or removed within 60 calendar days of notice by the City. Such notice shall follow the procedures found in Article 12, Violations, Penalties, and Enforcement. 7.8 Nonconforming Manufactured Homes A. A manufactured home that was lawfully installed may be replaced with a new manufactured home, provided the replacement manufactured home is installed on the subject site within 12 months of the date of removal of the existing unit. 1. The replacement manufactured home shall meet all applicable health and safety standards and be completed in accordance with O.C.G.A § 36-66-7 et seq. 2. In addition to the requirements above, the replacement manufactured home shall comply with all applicable installation requirements contained elsewhere in this UDC. CHAPTER 7: NONCONFORMING STANDARDS Page 164 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 8: REVIEW BODES AND ADMINISTRATORS 8.1 Review Bodies 8.1.1 Purpose The purpose of this chapter is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the following review bodies: A. Planning Commission B. Historic Preservation Commission C. Governing Body D. All Review Bodes shall: 1. Act in a manner consistent with the City of Stockbridge Comprehensive Plan, Unified Development Code, City Code of Ordinances, Parks Master Plan, Trails Plan, adopted small area plans, to include LCIs and Strategic Plans, and other officially adopted plans and studies. 2. Consider impacts on community character, aesthetics, and sense of place, including signage, gateways, and public realm features, when making recommendations. 3. Support phased implementation of adopted plan goals and action items, including monitoring progress and recommending amendments as needed. 8.2 Planning Commission 8.2.1 Creation The City of Stockbridge Planning Commission is hereby established and shall be referred to hereinafter as the Planning Commission. 8.2.2 Membership A. All members of the Planning Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifications of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifications. In order to be qualified, all members shall complete training for Planning Commission members and shall receive a certificate of completion from the Atlanta Regional Commission, the Carl Vinson Institute, or another organization recognized by the State of Georgia or the City within one (1) year of appointment. Failure to complete required training within the specified timeframe may constitute grounds for removal. C. Application Disclosure and Membership Restrictions. 1. Applicants for appointment to the Planning Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. 2. No member of the Planning Commission may be a City of Stockbridge employee, hold any elected or CHAPTER 8: REVIEW BODES AND ADMINISTRATORS Page 165 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy appointed City office, or serve the City in any other compensated or uncompensated capacity during their term of service on the Planning Commission. D. Composition. 1. The Planning Commission shall be composed of six (6) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-voting staff liaison to the Planning Commission. E. Term of Office. All members shall be appointed for a term of four (4) years; provided however, that in the initial appointment, approximately one-half of the members shall be appointed for a term of two (2) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensation. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.2.3 Officers A. The Planning Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or until re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or until reelected or a successor is elected. C. The Community Development Director shall appoint a designated employee from the department to serve as the secretary of the Planning Commission. 8.2.4 Meetings and Rules of Procedure A. Meetings. 1. Regular Meetings. The Planning Commission shall meet on the third Thursday of each month at 6:30 p.m., or as established by the Planning Commission due to holidays and unforeseen circumstances. Meetings may be held in person, virtually, or in a hybrid format as permitted by state law and City policy, provided public access and participation are maintained. 2. Special Meetings. Special meetings may be called by the Chair of the Planning Commission or a majority of the members of the Planning Commission. B. Minutes and Public Records. The secretary of the Planning Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Meetings and Hearing to the Public. All meetings and hearings of the Planning Commission shall be open to the public. D. Public Notice. Public notice of Planning Commission meetings shall be provided as required for each application type as provided in Chapter 10, Public Hearing Application, Review Procedures. E. Quorum. Four (4) of the appointed members shall constitute a quorum for the transaction of business. All rules, policies and procedures governing the Planning Commission shall be hereinafter governed by this requirement. F. Consideration of Applications and Other Actions. The Planning Commission may take action or make a decision or other determination by majority vote of the quorum present at the meeting. Both the Chair and Vice Chair, when in attendance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. CHAPTER 8: REVIEW BODES AND ADMINISTRATORS Page 166 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 8.2.5 Rules and Operating Procedures A. The Planning Commission shall follow any by-laws and rules for the transaction of business adopted by the Mayor and City Council. B. The Planning Commission shall maintain a record of its resolutions, transactions, findings, and determinations, which record shall be public record. 8.2.6 Powers and Duties The Mayor and City Council hereby create the Planning Commission with the following powers and duties: A. General Authority. 1. The Planning Commission shall perform duties as directed by the governing body. 2. The Planning Commission may exercise additional powers as may be described elsewhere in this UDC, as applicable. B. Review Authority. With respect to this UDC, the Planning Commission shall review and make recommendations to the Mayor and City Council regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Planning Commission shall be an advisory board only. 8.3 Historic Preservation Commission 8.3.1 Creation The City of Stockbridge Historic Preservation Commission is hereby established and shall be referred to hereinafter as the Historic Preservation Commission. 8.3.2 Membership A. All members of the Historic Preservation Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifications of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifications. 1. The Historic Preservation Commission membership shall include, unless otherwise approved by the Mayor and City Council, at least three (3) individuals with disciplines in architecture, history, architectural history, planning, archaeology, and related professions. CHAPTER 8: REVIEW BODES AND ADMINISTRATORS Page 167 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. In order to be qualified, all members shall be residents of the City and individuals who have demonstrated special interest, experience, or education in history, architecture, or the preservation of historic resources. C. Disclosure. Applicants for appointment to the Historic Preservation Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. D. Composition. 1. The Historic Preservation Commission shall be composed of five (5) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-voting staff liaison to the Historic Preservation Commission. E. Term of Office. All members shall be appointed for a term of three (3) years; provided however, that members may not serve more than two (2) consecutive terms. To achieve staggered terms, in the initial appointment, one (1) member shall serve for one (1) year, two (2) members shall serve for two (2) years, and two (2) members shall serve for three (3) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensation. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.3.3 Officers A. The Historic Preservation Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or until re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or until reelected or a successor is elected. C. The Community Development Director shall appoint a designated employee to serve as the secretary of the Historic Preservation Commission. 8.3.4 Meetings and Rules of Procedure A. Meetings. 1. Regular Meetings. The Historic Preservation shall meet on the third Wednesday of each month at 6:30 p.m., or as established by the Historic Preservation Commission due to holidays and unforeseen circumstances. Meetings may be held in person, virtually, or in a hybrid format as permitted by state law and City policy, provided public access and participation are maintained. 2. Special Meetings. Special meetings may be called by the Chair of the Historic Preservation Commission or a majority of the members of the Historic Preservation Commission. B. Minutes and Public Records. The secretary of the Historic Preservation Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Meetings and Hearing to the Public. All meetings and hearings of the Historic Preservation Commission shall be open to the public. D. Public Notice. Public notice of Historic Preservation Commission meetings shall be provided as required for each application type as provided in Chapter 10, Public Hearing Application, Review Procedures. E. Quorum. A majority of the appointed members shall constitute a quorum for the transaction of business. All rules, policies and procedures governing the Historic Preservation Commission shall be hereinafter CHAPTER 8: REVIEW BODES AND ADMINISTRATORS Page 168 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy governed by this requirement. F. Consideration of Applications and Other Actions. The Historic Preservation Commission may take action or make a decision or other determination by majority vote of the quorum present at the meeting. Both the Chair and Vice Chair, when in attendance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. 8.3.5 Rules and Operating Procedures A. The Historic Preservation Commission shall follow any by-laws and rules for the transaction of business adopted by the Mayor and City Council. B. The Historic Preservation Commission shall maintain a record of its resolutions, transactions, findings, and determinations, which record shall be public record. 8.3.6 Powers and Duties The Mayor and City Council hereby create the Historic Preservation Commission with the following powers and duties: A. General Authority. 1. The Historic Preservation Commission shall perform duties as directed by the governing body. 2. The Historic Preservation Commission may exercise additional powers as may be described elsewhere in this UDC, as applicable. B. Duties. 1. With respect to this UDC, the Historic Preservation Commission shall be responsible for the following duties: 2. Prepare and maintain an inventory of property having the potential for designation as historic property; 3. Restore or preserve historic properties acquired by the City; 4. Promote the acquisition by the city of façade easements and conservation easements, as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A., § 44-10-1 et seq.); 5. Conduct educational programs on historic properties located within the city and on general historic preservation activities; 6. Make such investigation and studies of matters relating to historic preservation, including consultation with historic preservation experts, the city council or the commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; 7. Seek out local, state, federal or private funds for historic preservation, and make recommendations to the city council concerning the most appropriate uses of any funds acquired; 8. Submit to the Historic Preservation Division of the Department of Natural Resources a list of historic properties of historic districts designated; 9. Perform historic preservation activities as the official agency of the Stockbridge Historic Preservation Program; 10. Employ persons, if necessary, to carry out the responsibilities of the Historic Preservation commission; CHAPTER 8: REVIEW BODES AND ADMINISTRATORS Page 169 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 11. Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties. The Historic Preservation Commission shall not obligate the City without prior consent from City Council; 12. Review and make comments to the Historic Preservation Division of the Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; and 13. Participate in private, state, and federal historic preservation programs and with the consent of the City Council, enter into agreements to do the same. C. Review Authority. With respect to this UDC, the Historic Preservation Commission shall review and make recommendations to the Mayor and City Council regarding: 1. Specific districts, sites, buildings, structures, or objects to be designated by ordinance as historic properties or historic districts; and 2. The designation of any district, site, building, structure, or object as a historic property or historic district should be revoked or removed. D. Final Authority. The Historic Preservation Commission shall be responsible for final action regarding: 1. Certificates of Appropriateness; and 2. Historic properties or buildings identified as deteriorating by neglect. 8.4 Governing Body 8.4.1 Purpose The purpose of this section is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the governing body, the Mayor and City Council of Stockbridge, Georgia. 8.4.2 Powers and Duties A. General Authority. The Mayor and City Council shall have the powers and duties listed below, in addition to those provided elsewhere in the City of Stockbridge Charter, Code of Ordinances, the Georgia Constitution, Georgia General Session Laws, and applicable federal and local laws. B. Final Authority. The Mayor and City Council shall be responsible for final action regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Appointments. The Mayor and City Council shall appoint members of review bodies, as required by this CHAPTER 8: REVIEW BODES AND ADMINISTRATORS Page 170 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy UDC. 8.5 Community Development Director 8.5.1 Defined The Community Development Director shall be the head of the Planning and Zoning Division, as well as other divisions of the Community Development Department, and shall be responsible for administration and enforcement of this UDC. 8.5.2 Delegation of Authority The Community Development Director may delegate any of their authority or responsibility under this UDC by designating one or more City staff members to execute such authority. 8.5.3 Powers and Duties With respect to this UDC, the Community Development Director shall review and make recommendations regarding the following: A. General Authority. 1. The Community Development Director shall perform related duties as directed by Mayor and City Council; and 2. The Community Development Director shall have the powers and duties listed below, in addition to those provided elsewhere in this UDC and other City of Stockbridge Code, as applicable. B. Review Authority. With respect to this UDC, the Community Development Director shall review and make recommendations regarding the following: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Community Development Director shall be responsible for final action regarding: 1. Chapter 14, Subdivisions; 2. Section 11.2, Administrative Variances; 3. Section 10.8, Tier 1 Waivers; and 4. Other duties specified elsewhere by this UDC. CHAPTER 8: REVIEW BODES AND ADMINISTRATORS Page 171 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES 9.1 Purpose and Intent A. This UDC sets forth procedures for receiving, reviewing, and rendering decisions for the development of any property in the City of Stockbridge. This UDC also sets forth the requirements for appealing decisions and enforcement. The procedures and requirements set forth in this UDC shall be followed in seeking approval of any development. The purpose of this UDC is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly growth and development of new and redeveloped neighborhoods. 2. Coordinate streets within proposed neighborhoods with existing or planned streets and other public facilities. 3. Distribute population and traffic in a manner that will mitigate congestion and overcrowding. 4. Dedicate or reserve parks, greenspaces, and recreational areas, accessible to all residents to serve as community focal points. 5. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote pedestrian oriented atmosphere and civic awareness. 6. Provide for pleasing visual environments to ensure public health, safety, and the general welfare to residents of the City. 7. To facilitate adequate provision for water, sewer, and stormwater management facilities; dedication of rights-of-way or easements for streets and utility purposes; proximity of residential areas to employment centers and shopping; further subdivision of larger tracts into smaller parcels; proper land records for public convenience; and permanent identification of real property boundaries. 8. To protect and enhance the quality of the natural environment of the City by encouraging preservation and protection of significant existing trees, assisting in natural control of solar heat, reducing development impacts on storm drainage, assisting in soil conservation and flood control, reducing air emissions and noise, conserving local water supply, and enhancing the visual and aesthetic appearance of the community. 9.2 Permits A. No construction or installation of improvements shall commence in any development until the land disturbance permit has been approved and all applicable preliminary plats, construction plans, and specifications have been approved by the appropriate authorities. B. No development permit shall be issued for the disturbance or construction of any lot until all requirements of this UDC have been met, unless otherwise provided in this UDC. C. No building permit shall be issued for the erection of any building or structure until all requirements of Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances are satisfied and until a Certificate of Appropriateness has been issued, if applicable. D. Development, building, and other permits shall only be issued for development on lots of record as defined by this UDC. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 172 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy E. No permits shall be issued on lots described only by metes and bounds. F. All development activities or site work conducted following the approval of a subdivision plat or development plan shall conform to the specifications of the approved plans. 9.2.1 Expiration, Changes, and Extensions A. Application Expiration. An application for land development permit shall expire 12 months after the issuance of the latest letter or comments of permit revisions or approval. The application will not expire within 12 months if the inactivity is a result of a pending review from an external agency outside the applicant’s control. B. Issued Permit Expiration. An issued development permit remains valid for the duration of the project subject to the following time restrictions: A. Development permits expire 12 months from the date of issuance if no activity has been initiated on the project; or B. If 12 months elapses between observed activity during proactive inspections. C. Issued Permit Expiration Extension. The Community Development Director is authorized to grant an extension of a development permit for a period of not more than six (6) months. To request an extension, the owner or developer shall submit a written request to the Director no later than 30 days after expiration. The Director is authorized to grant only one, one-time extension request for the subject development permit. D. A lapse in or suspension of application or development activity that is the direct result of action or inaction by the City of Stockbridge or an external review authority and for reasons outside the control of the applicant will not be considered a lapse in activity causing the development permit to expire. E. Changes to a previously approved development plan shall require formal re-approval prior to commencement of development activities, except for the following circumstances: A. Repairs to a facility that is part of a previously approved and permitted development. B. Accessory structures, provided applicable permits are obtained. 9.2.2 Application Review and Completeness A. All applications for development permits and building permits in the City shall submit a completed application form and copies of plan sets along with required review fees, as required by the instructions on the form or informational materials provided by the Community Development Department. Partial, incomplete, or unassembled submittals or resubmittals shall be rejected. B. Application materials shall be distributed as provided below: 1. Upon determination of a completed application packet, the Department shall distribute the application for review to internal City departments. If external agency reviews are required, the Department shall direct applicants to the external agency for review. 2. City reviews and external agency reviews may occur concurrently, but the City shall not issue any permits until the external agency approval is received. 3. A traffic impact study may be required as part of a development permit review for projects that meet any threshold in Section 16.1, Multimodal Traffic Impact Studies. C. The Department shall determine whether an application is complete and notify the applicant within five (5) business days of receipt. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 173 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy D. If the Department determines that the application is not complete, it shall send notice to the applicant identifying the deficiencies. The applicant shall have 30 calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited. E. If the Department determines that the application is complete, the application shall be processed for review and action. F. Any checklists provided by the City are intended as a guide and convenience for the applicant. Approval or required revisions are based solely on whether the submittal meets the requirements of this UDC. G. No development or building permit shall be issued prior to project acceptance by the water and wastewater service provider. The City may require submission of a capacity letter, will-serve letter, utility approval letter, executed service agreement, or other documentation deemed acceptable by the service provider. H. No development or building permit shall be issued prior to full payment of all applicable fees as determined and periodically adjusted by the City. I. In addition to the requirements of this chapter, applications shall comply with Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances, as applicable. 9.2.3 Authority and Applicability A. The Community Development Director oversees issuance of all development permits to ensure site work conforms to federal, state, and local regulations. B. The Director shall have the authority to approve, approve with conditions, or deny the application. C. A development permit is required for land disturbance activity including, but not limited to, clearing and grubbing, dredging, grading, excavating, filling, storage, and construction of improvements such as streets, parking facilities, driveways, access drives, stormwater drainage facilities, sidewalks, or other permanent structures placed on or in the property. D. Water and sanitary sewer system improvements shall be authorized by the utility provider; however, utility placement and land disturbing activities associated with utility work shall be reviewed and permitted by the City to ensure compliance with affected Code standards that may be affected by the construction of such utilities. 9.2.4 Development Plan Components A. All documents submitted as part of an application for land disturbing activity shall abide by the requirements of this subsection. Any submittal that does not satisfy one or more requirements shall be rejected unless the requirement does not apply to a particular submittal. 1. Drawings, except final plats and as-built plats, may be submitted as digital files. 2. All drawings shall contain the dates of preparation and any revisions. 3. All drawings shall be at the same scale and shall be a minimum of one (1) inch equals 100 hundred feet. 4. Drawing sheets shall be uniform in size, no larger than 24 inches by 36 inches and shall be uniform in size for a submittal. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 174 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 5. All drawings shall contain a graphic and written scale and a north arrow. 6. All drawings shall contain the name, address, and telephone number of the preparer(s), property owner(s) and developer(s). 7. Drawings for development proposed in phases shall contain all required information for the total site, for each phase, and shall depict phase lines on the drawings. 8. All drawings shall contain the seal and signature of the licensed professional preparing the drawings and computations. 9. All development plans shall be accompanied by a stormwater management plan meeting the requirements of Chapter 17, Stormwater Management of this UDC. 10. If the subject development proposal would directly disturb a regulatory floodplain, an engineering study and a floodplain management plan shall be provided, in compliance with the requirements set forth in Chapter 15, Environmental Protection of this UDC. 11. A landscape plan shall include sufficient information to determine whether the proposed landscape improvements are in conformity with the requirements of Chapter 4, Development Standards of this UDC. The plan shall identify all trees, natural features, and manmade structures that will be retained upon the site, and describe proposed landscaping improvements and plantings, including the species, size, quantity, and location of trees, shrubs, and other landscaping materials. 12. If the subject development proposal would contain protected open space, a management plan shall be provided, demonstrating compliance with the standards for resource and open space protection in Chapter 4, Development Standards of this UDC. 13. Applications for new or expanded mines or quarries shall provide information necessary to demonstrate compliance with State and Federal laws and regulations. 14. The applicant shall submit two (2) copies of construction improvement plans to the Henry County Water and Sewer Authority (HCWSA), or to the appropriate agency which supplies water and sewer services to the subject property. 15. Erosion and sediment control plans shall comply with the requirements of the subdivision ordinance and shall contain the following additional information: a. Name and phone number of a twenty-four-hour local contact responsible for erosion and sedimentation controls. b. Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters that "Installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities." c. Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas. d. Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan shall show options for year-round seeding. e. Include the statement: "Mulch, temporary vegetation, or permanent vegetation shall be completed on all exposed areas within 14 calendar days after disturbance ceases." f. Delineation of disturbed areas within project boundary. g. Detailed drawings and narrative notes to demonstrate compliance with the erosion and CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 175 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy sediment control standards set forth in Chapter 15, Environmental Protection of this UDC and the requirements in the current edition of the Manual for Erosion and Sediment Control in Georgia. h. Provide the following Maintenance statement: "Erosion and sedimentation control measures shall be maintained at all times. Additional erosion and sedimentation control measures and practices shall be installed if deemed necessary by onsite inspection." i. Existing and planned contours, with ground slope contour intervals of two (2) feet. Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia. 9.2.5 Development Plan Review Specifications A. The applicant shall submit the number of copies of development plans, supporting data, and supporting plans as specified by the City. All documents submitted as part of an application for land disturbing activity shall meet every specification provided in this subsection. Any submittal that does not satisfy one or more of the requirements herein shall be rejected by the City unless the subject requirement does not apply to a particular submittal. 1. All information needed to demonstrate compliance with the site design and development standards in this UDC. 2. Depiction of existing land uses on adjacent parcels. 3. Draft of proposed covenants or deed restrictions to be imposed on the site. 4. Current zoning designation(s) of the site, including any conditions of zoning the any portion of the property is subject to. 5. The property owner name(s), zoning designations, and tax map parcel numbers of all adjacent parcels. 6. Total site area as measured in acres (minimum precision: the nearest hundredth acre) and square feet (minimum precision: the nearest square foot). 7. Topographic contours and vertical intervals of not more than two (2) feet. 8. Soil conditions pursuant to the U.S. Soil Conservation Service Classifications Manual. 9. Proposed gross residential density and net residential density of the development. 10. Lot layout, including lot and block numbers and/or letters. Layout of all lots shall indicate building setback lines, lot dimensions, and lot area. Lots with detention ponds shall meet minimum zoning area requirements outside the area of the detention pond. 11. For mixed-use developments, drawing notes shall include a table summarizing the total amount of development in each use, the percentage of the total site, net density of proposed residential development. 12. Location of existing and platted property lines, location, width, and names of all platted roads, railroads, utility rights-of-way, public areas, existing buildings or structures. 13. Show all existing and proposed easements. Show drainage easements for storm drainage pipes that cross individual lots. 14. Depict protected open space. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 176 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 15. Depiction of natural features on the site and adjacent areas, including streams, lakes, other water bodies, wetlands, designated groundwater recharge areas, land subject to a one hundred-year flood hazard, including contour elevations, and geologic features, and other protected environmental features, as set forth in Chapter 15, Environmental Protection, including an outline of wooded areas, vegetation, and surface drainage, together with information on methods for protection of natural features as required in this UDC. State if elevations are taken from a surveyed stream on a FEMA map or if the elevations are from an independent study (HEC-2, QUICK-2, etc.). Flood elevations on any lots within a one-hundred-year flood hazard area shall be shown. In addition, the foundation elevation that is a minimum of three (3) feet above the established one-hundredyear flood evaluation shall be shown. This data may be provided either on the layout or in tabular form. 16. Depiction of required stream buffers and setbacks on the property. Provide detailed plans of all proposed development in the buffer and of all proposed impervious cover within the setback. 17. Wetland areas shall be field located. Notation whether live streams and/or wetlands lie within this subdivision, or unit and phase. Provide a copy of wetlands delineation report from a qualified professional with training and experience in wetland delineation following the guidelines of the latest version of the Army Corps of Engineers Wetlands Delineation Manual. 18. Proposed buffers, landscaping, and tree protection areas and zones. This shall include the location, size, and type of proposed plant materials. 19. Location of all proposed buildings, with indication as to how they will be used (commercial, industrial, recreational or public facility). 20. Details regarding other proposed structures or additions to existing structures, including accessory structures and signs. 21. The configuration and names of proposed roads, alleys, sidewalks, trails, and multi-use paths, with width of pavement and rights-of-way. Total linear feet of proposed roads (per phase and total) shall be indicated. 22. Construction plans of streets including typical cross-section and grade profiles, showing the percent of each grade and length of each vertical curve. 23. Show the centerline stopping distance for all points of access onto public roads and posted speed limits on existing roads. 24. Existing sewers, water mains, drains, culverts and other underground facilities within the tract or within the right-of-way of boundary roads with sizes, grades, and invert elevations from field surveys or other sources. All sizes and data on all utilities shall be provided. Location of proposed public facilities such as sanitary sewers, water mains, storm drainage facilities, culverts, bridges, and other underground or aboveground facilities within the parcel to be developed, or within the rights-of-way of roads bordering the parcel. Sizes, grades and invert elevations from field surveys or other sources, consistent with the requirements of Chapter 16, Infrastructure Improvements. 25. Construction plans of sanitary sewers with grades, service, pipe size, and points of discharge and connection to other trunk or lateral sewers. 26. Construction plans of storm drainage systems with pipe sizes, length, grade, location of outlets, runoff and velocity calculations, etc. All storm drainage systems carrying off-site runoff shall be CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 177 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy designed for the one-hundred-year storm event. All storm pipes within any City right-of-way shall be approved by the City. 27. Construction plans of water supply system with pipe sizes and location of hydrants, valves, and all appurtenances. 28. Final contours; street profiles may suffice in indicating cut and fill volumes; however, in many cases, final contours must be shown on the plans. 29. Any structural practice used shall be explained and illustrated with detail drawings. 30. Permanent reference monuments shall be depicted and guaranteed by use of steel pins not less than one-half (½) inch in diameter and 30 inches long, with a survey marker cap showing the land surveyors registration number shall be set at all lot corners. Any monuments disturbed by construction or grading shall be reset by the prior to the conclusion of development activities. 31. A demolition plan, if any existing structures or buildings are proposed for partial or total demolition, removal, or relocation. 32. All of the following notes must be prominently provided on the plan set: a. A 20 foot wide storm sewer and sanitary sewer easement exists along each property line and along each lot line, centered on lot lines, for future drainage and sanitary sewer lines. b. All storm drains shall be extended to the rear setback line. c. Grade stakes shall be set on all streets prior to any street grading. An as-built subgrade centerline profile shall be submitted and approved by [the] City prior to the installation of curb and gutter or waterlines. d. An as-built detention pond detail and revised hydro study shall be submitted to the City prior to the final approval. e. All undisturbed buffers shall be field located; staked and flagged or marked with "tenax" (or similar type fencing); and shall be submitted to the City for approval prior to grading. B. Any project to be developed in phases shall provide all information for the total site and for each phase. C. Applications for development plans within each watershed protection area identified and regulated in Chapter 15, Environmental Protection shall provide the following additional information: 1. The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir. 2. The location of each perennial stream that crosses or abuts the site. 3. The location of each public reservoir that abuts the site. 4. The location, elevation and orientation of the one-hundred-year floodplain on the site. 5. A certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the water quality critical area, the limited development area or outside of both areas. 6. Location and detailed design of any spill and leak collection systems designed for the purposes of containing accidentally released hazardous or toxic materials. D. The Director of Community Development shall cause for the applicant to be notified of any application CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 178 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy deficiencies pursuant to the requirement of this subsection, and the changes necessary to achieve compliance. E. A soil erosion and sedimentation control plan, when in compliance with the standards for erosion and sedimentation control as set forth in Chapter 15, Environmental Protection of this UDC shall be approved prior to issuance of a permit for land development activity. 9.2.6 Pre-Construction Meeting Required A. Prior to commencement of site grading, the applicant shall arrange a pre-construction conference with appropriate City of Stockbridge staff. The meeting shall include review of the soil erosion and sedimentation control plan, street cross-sections and profiles, construction specifications, inspections and testing procedures, stormwater drainage and detention facilities, and other matters concerning the development. The applicant shall provide names, telephone numbers, addresses, and business license numbers of all contractors and subcontractors employed on the job. 1. A separate pre-construction meeting is required with the Henry County Water and Sewer Authority prior to any water or sanitary sewer installation. B. A development permit shall be issued only after approval of construction improvement plans and the soil erosion and sedimentation control plan. Site grading shall be limited only to areas clearly defined in approved plans. Site grading without an approved soil erosion control plan and development permit is a violation of this UDC and shall result in enforcement penalties as provided in Chapter 12, Violations, Penalties, and Enforcement. 9.2.7 Permitting Requirements A. All applications for land development activities shall be completed on forms provided by the City. B. Applications shall be accompanied by payment of fees as required by each department's most recently approved fee schedule. C. No development permit shall be approved absent the submission of a scaled site plan that depicts lot boundaries, all existing conditions, and all proposed improvements. D. The disturbance of land for solely residential development shall not begin prior to a site inspection by the City. The inspection must yield an affirmative result and confirm compliance with this UDC before disturbance activities may commence. Additional inspections may be made, as necessary at the discretion of the City, in order to verify compliance with the requirements of this UDC. E. The disturbance of land for purposes other than solely residential development shall satisfy all of the following requirements. 1. In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($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 O.C.G.A. § 12-7-8(a), 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 O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 179 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($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 O.C.G.A. § 12-7-8(a), 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 O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. 3. Approval by the Henry County Soil and Water Conservation District (district). Immediately upon receipt of an application and plan for a permit, the City shall refer the application and plan to the district for its review and approval or denial concerning the adequacy of the erosion and sedimentation control plan. The district shall approve or deny a plan within thirty-five (35) calendar days of receipt. Failure of the district to act within thirty-five (35) calendar days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the City. Such review shall not be required if the City and the district have entered into an agreement which allows the City to conduct such review and approval of the plan without referring to the application and plan to the district. 4. Identification of any violations of previous permits, the requirements of Chapter 15 of this Code, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing of the application under consideration. 5. Proof of irrevocable letter of credit. F. Proof of payment of all ad valorem taxes levied against the property. G. For development requiring the recordation of a final plat, no development permit shall be issued until the Community Development Department has received a copy of the recorded plat bearing the recording information of the Clerk of Superior Court. The applicant shall be responsible for providing said copy. H. Any development permit may be suspended, revoked, or modified by the Director of Community Development, 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 UDC. A holder of a permit shall notify any successor in title to the permit holder as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 9.3 Timber Harvesting A. Applications for timber harvesting are subject to the requirements provided below: 1. A parcel that has been declared silvicultural shall provide all of the information as part of an application to harvest or remove timber. a. A certificate from the tax assessor indicating agricultural preference. b. A forest management plan, demonstrating compliance with the erosion control standards set forth in Chapter 16, Infrastructure Improvements of this UDC. c. A commitment to follow the Georgia Forestry Commission "Best Management Practices." CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 180 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy d. A commitment to reforestation of the site. 2. Upon approval by the City, a combined timber removal and logging permit shall be issued. B. Land designated for silvicultural activities may subsequently be developed, provided that a development plan has been prepared and approved by the Director prior to clearing, grading, clear-cutting, or other land disturbance. Where a development plan has been approved, land disturbance and timber removal permits may be issued by the City pursuant to the requirements of this Chapter. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES Page 181 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES 10.1 Generally 10.1.1 Purpose The purpose of this Chapter is to provide the procedures and general standards for review of applications that are submitted to administrators or review bodies with the City of Stockbridge under this UDC. 10.1.2 Application Requirements The requirements of this Section shall apply to all applications unless otherwise provided in this UDC. Where applicable, detailed requirements are provided in each application-specific section. 10.1.3 Pre-Application Meeting A. The purpose of the pre-application meeting is to provide an opportunity for the applicant to consult with City staff for advice and assistance prior to preparation of any zoning application. This will enable the applicant to become familiar with the approval process, required documents, the Comprehensive Plan, and public hearing standards that may affect the proposed development. B. The intent of this UDC is that all procedural and development requirements be identified during the preapplication meeting. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the preapplication meeting, as a representation or implication that the proposal will be ultimately approved or rejected in any form. Additionally, failure of a participant to identify any applicable requirement or condition shall not preclude the City from requiring an applicant to comply with such requirement or condition. C. The pre-application conference may be in person or via virtual meeting/call. D. A pre-application conference may be waived by the Community Development Director at their discretion. E. City-initiated petitions are exempt from pre-application meeting requirements. 10.1.4 Forms and Fees A. Applications required under this UDC shall be submitted on standardized forms approved by the City. All applications shall be filed and completed as specified on the application form. B. All fees associated with a review must be paid in full before any application will be processed or reviewed. C. Filing fees are established and reviewed periodically to defray the cost of processing the application. Fees shall be adopted by the Mayor and City Council. 10.1.5 Determination of Completeness A. All applications shall be complete before their acceptance for review and decision-making. A determination of completeness is a determination that all required documents and plans have been submitted in CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 182 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria. B. Effect of Incomplete Application. If the Community Development Director determines that the application is not complete, the Community Development Director shall send notice to the applicant identifying the deficiencies. The applicant shall have 30 calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken for processing the application. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited. 10.1.6 Application Deadline Applications shall be submitted in accordance with the published Planning and Zoning calendar schedule. A Planning and Zoning schedule indicating submittal dates shall be developed each year, submitted to the City Clerk and made available to the public, upon request. 10.1.7 Concurrent Applications Related applications may be filed and reviewed simultaneously. Applications submitted simultaneously are subject to individual approval. Any application that is contingent upon the approval of another application shall not be eligible for final approval until the contingent application is first approved. 10.1.8 Application Withdrawals, Deferrals, Continuances A. Withdrawals. 1. The applicant may withdraw an application in writing at any time prior to the final decision by the appropriate reviewing body on said application. 2. If a request to withdraw an application is made in a public hearing, the applicant may do so by stating the request on the record. B. Deferrals at Applicant Request (Postponement to a Certain Time). The applicant may request a deferral to a future scheduled meeting by requesting the deferral in writing in advance of the meeting, or by the request on the record at the meeting. In either case, the applicable review or governing body shall vote in a properly advertised meeting to postpone to a certain time. If the date and time of the meeting are not indicated at the time of the originally scheduled public hearing, the application shall be readvertised pursuant to the Public Notice requirements. C. Deferrals by Reviewing or Governing Body (Postponement to a Certain Time). Deferrals by a reviewing body or governing body are authorized, but final decisions shall be made within the identified timeframes outlined herein. 1. Mayor and City Council. Mayor and City Council shall have the authority to postpone to a certain time the review of an application scheduled for public hearings to any future date chosen by the governing body. 2. Planning Commission. The Planning Commission shall issue a recommendation to approve or deny an application or petition within 45 days after the opening of the public hearing or comment period. Failure of the Planning Commission to act within the forty-five-day period shall constitute a recommendation that the application be forwarded to the Mayor and City Council for a final decision. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 183 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 10.1.9 Amendment of Application A. An application may not be amended by the applicant ten (10) days prior to the Community Zoning Information Meeting (CZIM) or regularly scheduled public hearing. “Amendment” of an application is defined to mean, but is not limited to, the addition, change or revision to a site plan, zoning district, request for concurrent variance, or proposed stipulations or conditions. B. Following the Planning Commission public hearing, an amendment to an application recommended by the Planning Commission may be submitted up to ten (10) days prior to the regular meeting of the City Council, after which no further amendments to an application shall be accepted. 10.2 Procedures Summary Table 10.2, Procedures Summary Table, provides a summary of review and decision-making authority under this UDC. In the event of conflict between Table 10.2, Procedures Summary Table and the detailed procedures identified in this UDC, the detailed procedures govern. Table 10.2 - Procedures Summary Table Application Type City Staff Planning Commission Mayor and City Council Text Amendments R <R> <DM> Rezoning (i.e., Map Amendments) R <R> <DM> R <R> <DM> Special Use Permit R <R> <DM> Variance R <R> <DM> Tier 2 Waiver R <R> <DM> Modifying Conditions of Zoning (major)/Master Plan Amendments (major) Legend: 1. R = Review or Recommending Body 2. DM = Decision-Making Body (Final Decision) 3. <> = Public Hearing required 10.2.1 Requirements for Amending the Official Zoning Map (Rezoning) A. Requirements. 1. The official zoning map may be amended by the Mayor and City Council on its own motion, on recommendation from the Planning Commission, or by approval by the Mayor and City Council of an application from a property owner. An adopted zoning resolution shall be an amendment to the official zoning map. 2. For rezoning applications filed by others than those initiated by the City of Stockbridge governing body or staff, where properties are held in ownership by multiple persons or entities, it shall be the responsibility of the applicant to ensure they have obtained proper consent to the rezoning from all persons or entities with an ownership stake in the rezoning. 3. If the applicant is acting as the agent of the property owner, the agent shall submit an authorization CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 184 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy form executed by the property owner authorizing the agent to file on the owner’s behalf. No application shall be accepted unless such authorization is provided. B. Official Application. 1. Prior to the submittal of an application for rezoning, the applicant shall have participated in the pre- application meeting. 2. Applications shall include, at a minimum, the following information: a. Application form; b. Proof of ownership; c. Property Owner Authorization; d. Campaign Disclosure Forms; e. A property survey conducted no more than five (5) years prior to the filing of the application. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified by a surveyor registered in the State of Georgia as to whether changes have or have not been made to the property; f. A letter of intent, which outlines the details of the request, the reason for requesting an amendment to the zoning map, and addresses the criteria in Section 10.2.2, Review Standards for Rezoning Applications; g. A concept plan containing the information set forth below: i. Project name; ii. Vicinity map showing zoning districts and existing land use within 500 hundred feet of the boundaries of the site; iii. Total area in acres and square feet; iv. Current and proposed zoning classification, together with a summary of the applicable development standards for the proposed zoning district; v. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas; vi. General location of existing and proposed roads and utility rights-of-way or easements; vii. Location of existing property lines within the development site; viii. General location of existing and proposed development by type of use; ix. Proposed residential density and dwelling unit types, if applicable; and x. Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use. h. A general plan for the provision of utilities and infrastructure, to include a report or letter from the City’s Public Works Department, the Henry County Water and Sewer Authority, or the Clayton County Water and Sewer Authority, indicating the availability of water and sewer and CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 185 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available; i. A traffic impact study or trip generation report if it exceeds the thresholds found in Section 16.1.3.A, Thresholds of Applicability. j. Architectural renderings or building plans, as determined by the Community Development Director; and k. Proof of payment of fees. C. Action by the Director. 1. The Director shall prepare a staff report addressing the following uses, in priority: a. Consistency with the Comprehensive Plan; b. The relation that the proposed amendment bears to the purpose of the overall zoning scheme with due consideration given to whether or not the proposed change will help carry out the purposes of this UDC. c. Potential positive effects of the amendment on the character of the proposed zoning district, a particular piece of property, neighborhood, a particular area, or the community. d. The physical conditions of the site relative to its capability to be developed as requested, including topography, drainage, access, and size and shape of the property. e. The impact upon adjacent property owners, should the request be approved. f. The potential impact of the proposed amendment on City infrastructure, including water and sewerage systems. g. The impact of the proposed amendment on adjacent thoroughfares and pedestrian and vehicular circulation and traffic volumes. h. The merits of the requested change in zoning relative to any other guidelines and policies for development that the Planning Commission and Mayor and City Council may use in furthering the objectives of the Comprehensive Plan. i. The capacity of the site to be developed as presently zoned. D. A Community Zoning Information Meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). E. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. F. Planning Commission Recommendation. 1. The application shall be submitted to the Planning Commission for review at a public meeting prior to a public hearing before the Mayor and City Council. 2. The Planning Commission shall review and make recommendations on the proposed rezoning based upon the standards in Section 10.2.2, Review Standards for Rezoning Applications. 3. The Planning Commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the Planning Commission shall be submitted to the Mayor and City Council. The CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 186 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy recommendations of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommendation, the Planning Commission may recommend approval, approval with conditions, approval with an alternative zoning district that is lesser intensity than that which was advertised, or denial. Findings shall be set forth in official minutes of the Planning Commission. G. Mayor and City Council Action. 1. The Mayor and City Council shall consider the rezoning application at a public hearing. 2. The Mayor and City Council shall consider the information set forth in the staff report and the findings and recommendations of the Planning Commission. 3. In deciding upon any application for an amendment to the official zoning map, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the request subject to certain conditions necessary to promote and protect the health, safety, and general welfare of the general public and adjacent properties. 4. In deciding upon any application for an amendment to the official zoning map, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the application subject to certain conditions necessary to promote and protect the health, safety, and general welfare of the general public and adjacent properties. 5. The Mayor and City Council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) involved and to further the goals and objectives of the comprehensive plan. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the community development director in the same manner as any other provision of this UDC. 6. Prior to a final vote being taken upon any application for an amendment to the official zoning map for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until 12 months has elapsed from the date of withdrawal. 7. Following the public hearing, the Mayor and City Council shall approve, approve with conditions, approve with alternative zoning district that is of lesser intensity than that which was advertised, deny, defer, or any other action within the scope of the Mayor and City Council authority as outlined elsewhere in this UDC, the City of Stockbridge Code of Ordinances, or State or Federal Law. 8. If the zoning decision of the Mayor and City Council is for the rezoning of property and the amendment to accomplish the rezoning is defeated by the Mayor and City Council, then the same property shall not again be considered for rezoning until the expiration of at least 12 months CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 187 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy immediately following the defeat of the rezoning by the Mayor and City Council. 10.2.2 Review Standards for Rezoning Applications A. In ruling upon any application for a zoning map amendment, or any other zoning decision, the Mayor and Council shall act in the best interest of the health, safety, morals, and general welfare of the City. In doing so, they will consider one (1) or more of the following standards of review which are relevant to the application: 1. Whether the proposal is consistent and/or compatible with the City's plans, goals and objectives reflected in the City's Comprehensive Plan. 2. How the proposal impacts the purposes of the overall zoning scheme, and whether the proposed change furthers the purposes of these zoning regulations. Applications for zoning amendments that do not contain specific site plans carry a rebuttable presumption that the proposed change shall adversely affect the zoning scheme. 3. How the proposal impacts the character of the zoning district, the particular piece of property, neighborhoods, or the community. 4. Whether the proposal creates an isolated zoning district unrelated, and not contiguous, to adjacent properties and nearby districts. 5. How the proposal impacts the aesthetic character of existing and future uses of the property and the surrounding area. 6. Whether the proposal is consistent with adjacent development densities and the density patterns reflected in the Comprehensive Plan. 7. How the proposal impacts the public health, safety, and welfare of the general public and adjacent properties. 8. How the proposal impacts water, sewerage, other public facilities, or public services, and how the proposed amendment impacts expenditures of public funds. 9. How the proposal impacts traffic safety and congestion. 10. How the proposal impacts environmental conditions, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity. 11. How the proposal impacts the provision of adequate light and air. 12. How the proposal impacts the value of adjacent property. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing regulations. 14. Preservation of the integrity of residential neighborhoods shall carry greater weight than other factors. Where property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall carry greater weight. B. After hearing evidence at the zoning hearing, the Mayor and Council shall apply the evidence to the standards of review in making their decision. The Mayor and Council are not required to consider every criterion in the standards of review. The applicant carries the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality, or welfare of the general public and the adjacent properties. C. If the Mayor and Council determine from the evidence that has been presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals, or welfare of the general public and adjacent properties under the standards of review, then the application shall be granted, subject to those reasonable conditions that may be imposed by the Mayor and Council. Otherwise, such applications shall be denied. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 188 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy D. In ruling upon any petition in which the petitioner has brought a challenge to the existing zoning classification, the Mayor and Council shall follow these general lines of inquiry: 1. The existing uses and zoning of the subject and surrounding property. 2. The extent to which property values may be diminished by the particular zoning restrictions. 3. The extent to which the reduction of property values, if any, promotes the health, safety, morals, or welfare of the general public and adjacent properties. 4. The relative gain to the public, as compared to the hardship, if any, which may be imposed upon the individual property owner. 5. The suitability of subject property for development purposes as it is presently zoned. 6. The length of time the property, if it is vacant, has been vacant as it is currently zoned, considered in the context of land development in the vicinity of the property. 7. The existing zoning classification shall be presumed to be valid; it shall be the responsibility of the applicant to present evidence to rebut this presumption. E. If the Mayor and Council determine, from the evidence that has been presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by consideration of the public's health, safety, morals, and general welfare, and consideration of the integrity of this chapter and of the official zoning map, the Mayor and Council may impose any appropriate zoning classification, including allowable conditions, which might be consistent with the considerations outlined in Subsection (a) of this section. 10.2.3 Annexation Criteria A. When a rezoning request is accompanied by an annexation request, the following criteria shall be considered when reviewing the annexation request: 1. Compliance with applicable sections of O.C.G.A 36-36 for lawful Annexation of Territory and 489 Agreement, as adopted and amended over time; 2. Adequacy of access to the site, or the potential for such adequate access to be provided; 3. Consistency of the proposal with the City's adopted Comprehensive Plan, including but not limited to goals and policies for urbanization, housing, cultural, historic and natural resources, infrastructure, and provision of public infrastructure and community services; 4. The annexation is in the best interest of the City. Generally, the Mayor and City Council may consider the annexation is in the best interest of the City if it meets two (2) or more of the following criteria: a. It provides a needed solution for existing problems resulting from insufficient sanitation, water service, public safety, code enforcement, or other service-related problems; b. It provides land for development to meet public needs including jobs and/or housing in an orderly and logical growth pattern; c. It fills in gaps in existing islands or other types of non-contiguous boundaries; d. It provides needed routes for utility and transportation networks. 10.2.4 Requirements for Modifying Conditions of Approval and Modifying Approved Master Development Plans A. An applicant may file a zoning modification application to request approval of changes to previously approved quasi-judicial actions for master development plans. Such changes may be major or minor and CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 189 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy shall be modified in accordance with this Section. B. Major Modifications. Major modifications include changes to allowable uses, maximum density, maximum intensity, or compatibility requirements attached to zoning approval as conditions of approval. The following procedures shall be followed: 1. An application shall be submitted containing details of the amendment requested and the situation giving rise to the need for an amendment. It shall be accompanied by plans fully describing the nature and extent of the amendment. 2. A staff report shall be prepared to address the requirements that are listed in this section for the amended concept plan and/or zoning conditions. 3. A community zoning information meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). 4. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. 5. The Planning Commission shall review the application for an amended concept plan at a public meeting. The Planning Commission shall consider the application for amended conditions placed on special uses and/or variances and make a recommendation to Mayor and City Council according to the procedures in Section 10.2, Procedures Summary. 6. The Mayor and City Council shall consider the application for amended zoning conditions and/or concept plan at a public hearing according to the procedures in Section 10.4, Procedures for Conducting Public Hearings. C. Minor Modifications. Minor modifications include changes to dimensional design features as depicted on a concept plan. Such dimensional design features, as are provided on a development plan, shall generally conform to the conditions depicted on the concept plan but shall be allowed to vary, provided the Director determines that the development plan is generally consistent with the concept plan conditions. The following information shall be provided: 1. The development plan shall be accompanied by a detailed description of the site design features that are depicted on the development plan that differ from the concept plan. 2. The description of the modifications shall also include an explanation of the need for the modification. 3. The development plan application will be processed as set forth in Chapter 9, Administrative Development Procedures. D. Requests to modify approved development plans may be approved by the Director as set forth below: 1. An application shall be submitted containing details of the amendment requested, the situation giving rise to the need for an amendment and accompanied by plans fully describing the nature and extent of the amendment. 2. Review by the Director shall follow the same procedures and address the same issues as for the original application. 10.2.5 Requirements for Special Use Permits A. Special Uses within each zoning district are uses that may be appropriate in a particular zoning district if controlled as to number, area, location, or relation to other uses may be appropriate in a particular zoning district. A Special Use Permit shall be required for all special uses (identified with an “S” designation) as set CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 190 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy forth in the permitted use table in Table 3.1.B, Land Uses or as part of a “use” condition. B. Specific use standards may be applicable to the approved special use. C. Any use or activity on the property that is not specifically permitted by Chapter 2, Zoning and Overlay Districts, or the Special Use Permit, as modified, shall be deemed unlawful and subject to Chapter 12, Violations, Penalties and Enforcements. D. Requirements. An application for a Special Use Permit may be submitted by any person, firm, corporation, or agency, provided they are the owner or owner’s representative of the subject property. E. Official Application. The applicant shall submit the special use permit application and associated documents, as identified in Section 9.2.1, Requirements for amending the official zoning map (rezonings). F. Action by the Director. 1. The Director shall make a determination of application completeness. 2. The Director shall prepare a staff report addressing the following issues, in priority: a. The proposed use shall not cause traffic congestion or conditions that will adversely affect nearby properties. b. The physical conditions of the site, including topography, drainage and size and shape, are suitable for the proposed development. c. Adequate public facilities are available to serve the proposed use. d. The applicant has made a binding agreement for any specific limitations or conditions that are necessary to protect the public interest, and to assure the continued beneficial use and enjoyment of nearby properties; or that no special limitations are necessary to protect the public. e. The special use with specific limitations and design features as may have been required will further the aims of the Comprehensive Plan and will not be unduly detrimental to nearby properties. G. A community zoning information meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). H. Public Hearing. The director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. I. Planning Commission Recommendation. 1. The application shall be submitted to the Planning Commission for review at a public hearing. 2. The Planning Commission shall review the application at a public meeting prior to a public hearing before the Mayor and City Council. 3. The Planning Commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the Planning Commission shall be submitted to the Mayor and City Council. The recommendations of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommendation, the Planning Commission may recommend approval, approval with conditions, or denial. Findings shall be set forth in official minutes of the Planning Commission. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 191 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy J. Mayor and City Council Action. 1. The Mayor and City Council shall consider the application for Special Use Permit at a public hearing. 2. The Mayor and City Council shall consider the information that is set forth in the staff report and the findings and recommendations of the Planning Commission. 3. In deciding upon any application for a Special Use Permit, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the request subject to certain conditions that are necessary to promote and protect the health, safety, and welfare of the general public and the adjacent properties. 4. The Mayor and City Council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) that are involved, and to further the goals and objectives of the Comprehensive Plan. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 5. Prior to a final vote being taken upon any application for a Special Use Permit for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until one (1) year has elapsed from the date of withdrawal. 6. Following the public hearing, the Mayor and City Council shall approve, approve as recommended by the Planning Commission, approve with conditions, deny, or defer the Special Use Permit. 7. If the zoning decision of the Mayor and City Council is for a Special Use Permit application to be denied, then the same property shall not again be considered for a Special Use Permit until the expiration of at least 12 months immediately following that denial. 10.2.6 Review Standards for Special Use Permit A. In the interest of public health, safety, and welfare, the City Council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the City Council shall consider each of the following: 1. Whether the proposed use is consistent with the Comprehensive Plan adopted by the City Council; 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; 3. Whether the proposed use may violate local, State and/or Federal statutes, ordinances or regulations governing land development; 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; 5. The location and number of off-street parking spaces; CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 192 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6. The amount and location of open space; 7. Protective screening; 8. Hours and manner of operation; 9. Outdoor lighting; 10. Ingress and egress to the property; and 11. Any other pertinent factors. B. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. 10.2.7 Requirements for Certificate of Appropriateness A. A Certificate of Appropriateness is required for a material change in the appearance of a designated historic property, building, structure, site, or object within a historic district, unless exempted by this UDC. B. Exemptions. The following shall be exempt from the provisions of this article: 1. Interior arrangements. 2. The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation. 3. Local governments are exempt from the requirements of obtaining a certificate of appropriateness; provided, however, that local government shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment. 4. Minor repairs that do not alter the historic or architectural features existing on the building. 5. In the event an applicant is not certain about whether an item requires a Certificate of Appropriateness or not, an application shall be submitted to the Director for review. The Director shall determine if a Certificate of Appropriateness, with advice provided by the Chair of the Historic Preservation Commission, is required. C. Requirements. An application for a Certificate of Appropriateness can be submitted by any person, firm, corporation or agency for a Certificate of Appropriateness, provided they are the owner or the owner's representative of the subject property. D. Official Application. 1. An application to amend the text of the UDC shall be submitted on forms provided by the City. 2. Prior to submittal of an application for a Certificate of Appropriateness, the applicant shall have participated in the pre-application meeting. 3. Applications shall, at a minimum, include the following information: a. Proof of ownership; b. Property Owner Authorization; c. A letter of intent, which outlines the proposed scope of work; d. A concept plan containing the information set forth below: i. Project name; ii. Vicinity map showing zoning districts and existing land use within 500 hundred feet of the boundaries of the site; Total area in acres and square feet; iii. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 193 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Current zoning classification, together with a summary of the applicable development standards for the proposed zoning district; v. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas; vi. General location of existing and proposed roads and utility rights-of-way or easements; vii. Location of existing property lines within the development site; viii. General location of existing and proposed development by type of use; ix. Proposed residential density and dwelling unit types, if applicable; and; x. Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use. e. Photographs of all four sides of existing buildings and adjacent structures; f. Archaeology report if the property contain a documented archaeological site; g. General plan for the provision of utilities and infrastructure, including the following: i. A report or letter from the city or Henry County Water and Sewer Authority indicating the availability of water and sewer and a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available. h. Architectural renderings or building plans, as determined by the Community Development Director; i. Digital copy of material sample board for any materials being introduced to the exterior of the building or on the site; and j. Proof of payment of fees. iv. E. Action by the Director. 1. The Director shall determine completeness in accordance with Section 10.1.5, Determination of Completeness. F. Public Hearing. The Director shall advertise for the public hearing at the Historic Preservation Commission in accordance with Section 10.3, Public Notice Requirements. G. Historic Preservation Action 1. The Historic Preservation Commission must approve or reject an application within 45 calendar days after filing of a complete application. 2. Following the public hearing, the Commission shall approve, approve with conditions, or reject the Certificate of Appropriateness. Failure to act within the 45 day period constitutes approval of the application. This time may be extended if both the applicant and the Historic Preservation Commission agree on an extension. 3. The Historic Preservation Commission shall consider the application for a Certificate of Appropriateness at a public hearing. 4. In deciding upon any application for a Certificate of Appropriateness, the Historic Preservation Commission may, on their own motion or upon the suggestion of the applicant, grant the application subject to certain conditions necessary to promote and protect the historic property, building, or district. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 194 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 5. The Historic Preservation Commission may include conditions which they deem necessary in order to make the requested action acceptable and consistent with the aesthetic, historic, architectural significance and value of the historic property, building involved. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 6. Prior to a final vote being taken upon any application for a Certificate of Appropriateness for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. 7. A Certificate of Appropriateness shall become void unless construction commences within six (6) months of the date of issuance. A Certificate of Appropriateness shall be issued for a period of 18 months and is renewable. H. Appeals. Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or rejection of a Certificate of Appropriateness may appeal such determination to the City Council. The appeal shall follow the procedures found in Section 11.3, Appeals of Administrative Decisions. 10.2.8 Review Standards for Certificate of Appropriateness A. In the interest of the public health, safety and welfare, the Historic Preservation Commission may exercise limited discretion in evaluating a Certificate of Appropriateness. In exercising such discretion, the Historic Preservation Commission shall consider it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property, building, or district B. For reconstruction, alteration, new construction, renovation, relocation, or demolition, the Commission shall consider each of the following: 1. Whether the proposed action conforms to the design, scale, building materials, setback and site features; and 2. Whether the proposed action conforms to the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings C. For relocation of a building structure, or object, the Historic Preservation Commission shall consider each of the following: 1. Whether the historic character and aesthetic interest the building, structure or object contributes to its present setting; 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3. Whether the building, structure or object can be moved without significant damage to its physical integrity; and CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 195 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site or object. D. For demolition of buildings, structures, sites, trees judged to be 50 years or older, or objects, the Historic Preservation Commission shall consider each of the following: 1. The historic, scenic or architectural significance of the building, structure, site, tree or object; 2. The importance of the building, structure, site, tree, or object to the ambiance of a district; 3. The difficulty or the impossibility of reproducing such a building, structure, site, tree, or object because of its design, texture, material, detail, or unique location; 4. Whether the building, structure, site, tree, or object is one of the last remaining examples of its kind in the neighborhood or the City; 5. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; 6. Whether reasonable measures can be taken to save the building, structure, site, tree, or object from collapse; and 7. Whether the building, structure, site, tree, or object is capable of earning reasonable economic return on its value. E. Undue Hardship. When, by reason of unusual circumstances, the strict application of any provision of this Section would result in the 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 provisions, so as to relieve such difficulty or hardship; provided such variances, modifications 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 Historic Preservation 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. F. In granting such certificates, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of the historic property, building, or district. 10.2.9 Requirements for Amendments of the UDC (Text Amendments) This UDC may be amended by the Mayor and City Council on its own motion. If otherwise motioned, a complete application packet shall be required as described below: A. An application to amend the text of the UDC shall be submitted on forms provided by the City. B. The application shall include the following information: 1. Identification of the specific provision proposed for amendment; 2. The proposed modifications in a strikethrough and underline format; 3. A detailed explanation of the rationale and justification for the requested amendment; and 4. A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with modifications or conditions, or denial. The staff report shall address the following issues: 1. Consistency of the amendment with the Comprehensive Plan. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 196 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Potential impacts on the character and quality of development in the City and any affected zoning districts. 3. Potential impacts on the provision of infrastructure and improvements. 4. The merits of the proposed amendments relative to any guidelines, policies, or programs which have been adopted in furtherance of the Comprehensive Plan. D. Public Hearing. The director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. E. The Planning Commission shall consider the proposed amendment to the UDC at its regularly scheduled public meeting. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report. 2. The Planning Commission shall make a recommendation to the Mayor and City Council for approval, approval with further modifications, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. 1. The Mayor and City Council shall consider the information set forth in the staff report and the recommendations of the Planning Commission. 2. The Mayor and City Council may approve, approve with conditions, defer, or deny the proposed amendment to the UDC. 10.2.10 Requirements for Amendment to the Comprehensive Plan The Comprehensive Plan may be amended by the Mayor and City Council on its own motion. If otherwise motioned, a complete application packet shall be required as described below: A. An application to amend the text or maps of the Comprehensive Plan shall be submitted on forms provided by the City. B. The application shall include the following information: 1. Identification of the specific provision proposed for amendment. 2. The proposed modifications in a strikethrough and underline format. 3. A detailed explanation of the rationale and justification for the requested amendment. 4. A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with conditions, or denial. D. The Director shall advertise for the public hearing at the Planning Commission and the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. E. The Planning Commission shall consider the proposed amendment to the Comprehensive Plan at a public meeting. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report. 2. The Planning Commission shall make a recommendation to the Mayor and City Council for approval, approval with further modifications, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 197 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1. The Mayor and City Council shall consider the information set forth in the staff report and the recommendations of the Planning Commission. 2. The Mayor and City Council may approve, approve with conditions, defer, or deny the proposed amendment to the Comprehensive Plan. 10.2.11 Community Zoning Information Meeting (CZIM) A. Purpose. The purpose of the Community Zoning Information Meeting (CZIM) requirement is to help educate applicants and neighbors about one another's interests, to attempt to resolve issues in a manner that respects those interests, and to identify unresolved issues. B. Applicability. CZIMs are applicant-initiated meetings required to be held for any non-City-initiated decisions as required by this chapter. They are encouraged in all cases. C. Written Notice. The applicant or their representative is responsible for completing all requirements of this section. Written notice is required for all CZIMs and shall be sent via certified mail to the owners of all properties that are located within 500 hundred feet of the boundaries of the subject property, as those property owners are listed on the tax records of Henry County. The notices shall be mailed at least ten (10) days before the date of the CZIM. Written notices shall indicate the nature of the application, the street address of the subject property, and the date, time, place and purpose of the meeting. D. The applicant shall host a meeting, either virtual or in-person, that is accessible to the general public. E. Summary Report. The applicant shall host the meeting and submit a summary of the CZIM prior to the public meeting before the Planning Commission. The summary report shall describe: 1. Efforts to notify neighbors about the meeting date, time, and location (how and when notification occurred, and who was notified); 2. Meeting location, date, and time; 3. Who was involved in the discussions; 4. Suggestions and concerns raised by neighbors; and 5. What specific changes to the proposal were considered and/or made as a result of the meeting. 10.3 Public Notice Requirements All hearings of the Mayor and City Council which involve annexation, zoning map amendments, text amendments of the UDC, Special Use Permits, major modifications of zoning conditions and/or master plans, appeals, and variances are public and subject to notification requirements under the State Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., where applicable. Planning Commission meetings shall be open to the public but are not required to be public hearings. 10.3.1 Public Notice Required A. Notice shall be provided by the City for public meetings and hearings regarding the following actions: 1. Zoning Map Amendment; 2. Special Use Permits; 3. Text Amendments ; 4. Major modification of zoning conditions and/or master development plans; 5. Variances; CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 198 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6. Certificate of Appropriateness; and 7. Tier 2 Waivers. B. All required public notices shall include the following information: 1. Date and time of the public meeting or public hearing; 2. Place of the public meeting or public hearing; 3. Location of the property being considered; 4. Purpose of the requested action; and 5. For requests to amend the official zoning map, the notice shall include the current and proposed zoning district. C. Forms of notice required for public hearings may include mailed notice, published notice in a newspaper of general circulation, and posted notice by signs as required by Table 10.3.1, Types of Public Notice for Applications below. Table 10.3.1 - Types of Public Notice for Applications Proposal Mailed Posted Published CZIM Comprehensive Plan Amendments Y Y Y -- Annexation Y Y Y -- Rezoning (Map Amendment) Y Y Y Y Modifying Conditions of Approval (Major)/Master Plan Amendment (Major) Y Y Y Y Special Use Permit Y Y Y Y Variance Y Y Y -- Certificate of Appropriateness Y Y Y -- Designation of a Historic District Y Y Y -- Designation of a Historic Property or Building Y Y Y -- Legend: 1. Y = Required; 2. “--” = Not Required 10.3.2 Requirements for Publishing Legal Ads A. Upon receipt of a completed application, fees, and other information required by this Chapter or Chapter 9, Administrative Development Procedures, the Community Development Director shall cause notice of such application to be published within a newspaper of general circulation within the territorial boundaries of the City of Stockbridge at least 15 but not more than 45 calendar days prior to the date of the public hearing. B. For applications to designate a local historic district or to designate a local historic property, notice of the public hearing shall be published at least ten (10) but not more than 20 days prior to the public hearing as provided in O.C.G.A. § 44-10-26 ("Georgia Historic Preservation Act"), or as amended. Notice of the public hearing shall be published on at least three (3) occasions prior to the public hearing. 10.3.3 Requirements for Posting Signs A. The City shall provide standardized signs for posting to provide public notice of meetings and hearings. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 199 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. Signs shall be posted as follows: 1. The sign(s) shall be posted in a conspicuous location on the property, adjacent to the street, if possible. 2. The sign(s) shall be posted not less than 15 and not more than 45 calendar days prior to the date of the public hearing. For applications to designate a local historic district or to designate a local historic property, signs shall be posted not less than ten (10) but no more than 20 days before the public hearing. 3. If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street that provides access to the site. C. Any City-initiated request shall be exempt from these posted notice requirements of this section unless otherwise required by the State statute referenced in Section 10.3.5, Additional Notice Required. 10.3.4 Mailed Notices A. Mailed notice shall be provided to all adjacent property owners who own property within 500 hundred feet of the boundary line of the subject property, including those across public rights-of-way, at least 15 but not more than 45 calendar days prior to the public hearing for all variances, special use permits, modifications, amendments to the official zoning map, and certificates of appropriateness. Additionally, notice shall be sent to the subject property owner(s). Said adjacent property owner mailed notices shall be mailed by the applicant, and the applicant shall provide the Community Development Director proof of mailing. B. How Property Addresses are to be Obtained. 1. Mailing addresses for property owners shall be obtained from the most recent tax digest available from the office of the Henry County Board of Assessors. 2. The Community Development Director shall prepare the content of the notice and be responsible for its mailing, unless otherwise required by the application process. 10.3.5 Additional Notice Required When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional requirements. A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or B. Halfway drug rehabilitation center, or other facility for the treatment of drug dependency; or C. Annexation. 10.4 Procedures for Conducting Public Hearings 10.4.1 Rules of Procedure The following rules of procedure in compliance with O.C.G.A. § 36-66-5 shall govern public hearings before the Planning Commission and the Mayor and City Council. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 200 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy A. Each person speaking before Mayor and Council shall identify him or herself by name, address, and state whether the applicant is owner or agent for the owner. B. Each applicant or other interested party who submits documents at the hearing shall have each document numbered and shall identify each document. Each document submitted shall be made a part of the official record of the hearing. C. Time Allotted for Testimony 1. Each applicant shall have ten (10) minutes to present data, evidence, and opinions that are pertinent to the application. A portion of this time may be saved for rebuttal. 2. Persons who are in opposition shall have a total of ten (10) minutes to address the board. Persons who are in support shall have a total of ten (10) minutes to address the board. Each person shall provide the Community Development Director with his or her name and address. 3. Additional time may be granted equally to the applicant and opponents at the discretion of the Mayor or the chair of the Planning Commission. D. At the conclusion of a hearing by the Planning Commission, the board chair shall announce its recommendation, as required, and instruct the Community Development Director to notify the applicant of such decision or recommendation in writing. The notification shall be made a part of the record on the date written notification is given to the applicant. E. At the conclusion of a hearing by Mayor and Council, the Mayor and Council may take the following actions: 1. Approve the application. 2. Approve the application with conditions. 3. Deny the application. 4. Continue or postpone their deliberations for rendering their decision to a certain date. 5. Remand matters to the Planning Commission for additional review and recommendation if the nature of the request has substantially changed. F. Mayor and City Council shall announce its decision and instruct the Community Development Director or their designee to notify the applicant of the decision in writing. The written notification shall immediately be entered on the minutes and made a part of the record on the date such written notification is given to the applicant. 10.4.2 Additional Hearing Requirements When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional requirements: A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or B. Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or C. Annexation. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 201 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 10.5 Requirements for Development(s) of Regional Impact A. A proposed development that meets or exceeds thresholds established by the Georgia Department of Community Affairs (DCA), Atlanta Regional Commission (ARC), and Georgia Regional Transportation Authority (GRTA) for a Development of Regional Impact (DRI) shall be reviewed according to the procedures in Chapter 110-12-3, Rules of the Department. B. When a development meeting the threshold standards established by the DCA, ARC, and GRTA is proposed, the City shall take no action (including actions by the director, Planning Commission, or Mayor and City Council) concerning the development until the DRI review process is completed. C. Upon receipt of a request for action related to a project that meets or exceeds the thresholds established for that development category, the City of Stockbridge may request that the applicant submit additional information about the project using forms available from DCA. D. Upon determination that the proposed development is not a DRI, the City may process applications using procedures that are set forth in this UDC. E. Upon conclusion of the DRI review, the City may continue with review and decision-making procedures as set forth in this UDC. 1. The City is encouraged to include the public findings and comments regarding the proposed DRI project in considering actions on the application for project approval. 2. Where the project received a negative public finding and the City approves the project, the City shall notify the DCA, indicating any conditions that have been placed on the project to mitigate the negative finding. 3. The Director shall submit applications for DRI review to the DCA. 10.6 Requirements for Designation of Historic Districts and Properties A. Requirements. No ordinance designating any historic property, historic district, or expansion of a historic district may be adopted unless all requirements of this Section have been met. B. Criteria. 1. Historic District. The property or properties to be reviewed for inclusion into the historic district or designation of a new historic district shall meet two or more of the following criteria: a. Has special character or special historic/aesthetic value or interest; b. Represents one or more periods, styles or types of architecture typical of one or more eras in the history of the municipality, county, state or region; and c. Causes such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or County. 2. Historic Property or Building. The property or building to be reviewed for designation shall meet two or more of the following criteria: a. It is an outstanding example of a structure representative of its era; b. It is one of the few remaining examples of a past architectural style; c. It is a place or structure associated with an event or persons of historic or cultural significance to the City of Stockbridge, State of Georgia, or the region; or d. It is the site of natural or aesthetic interest that is continuing to contribute to the cultural or CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 202 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy historical development and heritage of the municipality, County, State or region. C. Official Application. 1. Applications for the expansion or designation of a historic district may be proposed by the Mayor and City Council, the Historic Preservation Commission, a historical society, neighborhood association, or property owners. 2. An application to amend the text of the UDC shall be submitted on forms provided by the City. 3. Prior to submittal of an application for designation, the applicant shall have participated in the preapplication meeting. 4. Applications shall, at a minimum, include the following information: a. Description of the proposed property, properties, or building; b. Proposed boundary of the historic district; c. Evaluation of properties within a historic district as contributing or non-contributing; d. List the name(s) of the owner(s) of the property, properties, or building; e. Representative photographs of properties within the historic district; f. Require that a Certificate of Appropriateness be obtained from the Commission prior to any material change in appearance of the designated property; and g. Require that the property or district be shown on the official zoning map of the City of Stockbridge and be kept as a public record to provide notice of such designation. D. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. E. Decision-Making Process 1. Historic Preservation Commission Recommendation a. The Historic Preservation Commission shall make or cause to be made an investigation and shall report on the historic, cultural, architectural, or esthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. No less than 30 days prior to making a recommendation on any ordinance to designate a property, building, or district, the Historic Preservation Commission must submit the report to the Department of Community Affairs or its successor. b. A recommendation to affirm, modify, or withdraw the proposed ordinance for designation shall be provided to City Council within 15 days following the public hearing. 2. Mayor and Council Decision a. Upon receipt of a recommendation from the Historic Preservation Commission, the City Council may adopt the ordinance as proposed, with any amendments they deem necessary, or reject the ordinance. F. Adoption. Within 30 days immediately following the adoption of the ordinance, the owners and occupants of each designated historic property or building and the owners and occupants of each structure, site, or work of art located within a designated historic district shall be given written notification of such designation by the City Council, which notice shall apprise said owners and occupants of the necessity for obtaining a Certificate of Appropriateness prior to undertaking any material change in the appearance of the historic property or building designated or within the historic district designated. This notice shall be CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 203 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy provided in accordance with Section 10.3.4, Mailed Notices. 10.7 Zoning of Annexed Property with Common Zoning Classification Property which has been annexed from Henry County into the City shall be automatically zoned by the City through the operation of this section for the same use for which the property was zoned immediately prior to annexation, so long as the City and county zoning ordinances share a common zoning classification for such use. As provided under O.C.G.A. § 36-66-4(e), a zoning action taken pursuant to this section shall exempt the City from the notice and public hearing requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. Property which was zoned pursuant to this section may later be rezoned upon compliance with the requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. 10.8 Waivers A. Applicability. The waiver permits specified minor deviations from the zoning ordinance, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow the circumvention of the intent of this Code. There are two (2) tiers of waiver requests defined herein. B. Authorized Waiver Requests. 1. Tier 1. Tier 1 waivers are minor in nature and are intended to solve minor issues that arise from the application of the Code during building and site design and development. a. Reduce width of any dimensional standard for any architectural standard in Section 4.4, Architectural Guidelines by up to 20%. b. Reduce width of any dimensional standard for any street or streetscape standard by up to 20%, but in no case shall the sidewalk be reduced to less than five (5) feet wide. c. Reorder the landscaped strip, sidewalk, and building zones or relocate improvements and amenities among them (e.g., relocating trees to building zones). d. Allow changes in frequency of improvements in the landscaped strip, sidewalk, and building zones in Section 4.3.10, Streetscape Standards by up to twenty percent (20%) (e.g., increase the separation of bicycle racks from two hundred fifty (250) to three hundred fifty (350) feet). 2. Tier 2. Tier 2 waivers are more significant requests that would result in a more substantial departure from the Code requirements. a. Reduce width of any dimensional standard for any street or streetscape standard by any amount. b. Reduce, alter, or eliminate any standards in Section 4.4, Architectural Guidelines. c. Reduce, alter, or eliminate any standards in Section 4.3.10, Streetscape Standards. d. Reduce, alter, or eliminate any standards in Section 13.7, Buffer Requirements. e. Reduce, alter, or eliminate any standards in Section 13.8, Landscape Requirements. f. Reduce, alter, or eliminate any standards in Chapter 5, Parking. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 204 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy C. Authority to File. Applications for waivers may be filed by the owner of the subject property or the property owner's authorized agent. D. Pre-Application Meeting. A pre-application meeting with the Community Development Department is required for all waiver requests. E. Tier 1 and Tier 2 Notice. 1. Tier 1 Waivers a. Posted notice (signs) shall be posted for a minimum of ten (10) days before a decision is rendered and in a conspicuous place on the subject property to notify the public and adjacent property owners of a request for a Tier 1 waiver. b. Each notice shall provide the following information: i. Purpose of request. ii. Location of property. c. Members of the public wishing to support or oppose a request for Tier 1 waiver shall file their comments in writing with Community Development Department. The deadline for acceptance of comments is ten (10) days after notice was posted. 2. Tier 2 Waivers. Tier 2 waivers require a public hearing. a. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. F. Decision-Making Process. 1. Tier 1 Waivers a. Upon receipt of a complete Tier 1 waiver application, the Community Development Department shall review the proposal and prepare an analysis. b. At least 30 days from the submittal of a complete application, the Community Development Director shall act to approve the Tier 1 waiver, approve the Tier 1 waiver with conditions, or deny the Tier 1 waiver based on the applicable review and approval criteria in accordance with this Section. The Community Development Director is also authorized to allow the applicant to withdraw the Tier 1 waiver without prejudice. 2. Tier 2 Waivers a. Staff Review. Upon receipt of a complete Tier 2 waiver application, the Community Development Department shall review the proposal and prepare an analysis and recommendation for consideration by the Planning Commission. b. Planning Commission Recommendation. The Planning Commission shall hold a public meeting on the Tier 2 waiver application. The Planning Commission shall act to recommend that the Tier 2 waiver be approved, approved with conditions, or denied based on the applicable review and approval criteria of this Section. The Planning Commission may also recommend deferral of the application, or, upon request of the applicant, may recommend withdrawal of the application without prejudice. c. Mayor and Council Decision. Upon receipt of a recommendation from the Planning Commission, the Mayor and City Council shall review the Tier 2 waiver application. The Mayor and City Council shall act to approve the Tier 2 waiver, approve the Tier 2 waiver with CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 205 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy conditions, or deny the Tier 2 waiver based on the applicable review and approval criteria of this section. The Mayor and City Council is also authorized to withdraw the Tier 2 waiver without prejudice. G. Review and Approval Criteria. The Director may authorize Tier 1 waivers, and the Council may authorize Tier 2 waivers from the provisions of this zoning ordinance based on consideration of the following criteria: 1. Features such as topography, high frequency transmission lines, existing trees of specimen or significant quality, underlying rock, or other condition outside the owner's control to the extent that strict adherence to said requirements would be unreasonable and not consistent with the purposes and goals of this Code; 2. Alternative streetscape or building/facade design configurations are provided; and 3. Proposal will not result in any detriment to the public good, including, without limitation, detriment to the interest of the public, and will not result in any harm to the health, safety, or welfare of the City or the general public. H. Successive Applications. If a waiver application is denied, an application to waive the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for one (1) year from the date of the denial. I. Appeals. See Section 11.3, Appeals of Administrative Decisions for Tier 1 waivers and Section 11.4, Appeals of Final Action by the Mayor and City Council for Tier 2 waivers. J. Amending Conditions. A request for changes in conditions of approval attached to an approved waiver shall be processed as a new waiver application in accordance with the procedures of this division, including the requirements for fees, notices, and hearings. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES Page 206 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 11: VARIANCES AND APPEALS 11.1 Variances A. A variance may be granted where owing to special conditions, a literal enforcement of the provisions of this unified development code will in an individual case result in unnecessary hardship. B. A variance shall observe the spirit of this unified development code, secure public safety and welfare, and deliver substantial justice. C. The existence of a nonconforming use on adjacent or nearby property shall not constitute a justification for granting a variance. D. The Planning Commission shall make recommendations to the Mayor and City Council which shall have the authority to render a decision on a variance application pursuant to the requirements set forth in this chapter. 11.1.1 Limitations on Power to Grant Variances A. Variances shall be limited to dimensional relief and no variance shall be granted that would result in any of the following situations to: 1. Allow a structure, building, or use not permitted by this Code or not permitted in the zoning district in which a given property is located. 2. Allow an increase in maximum building height. 3. Waive, vary, modify, or otherwise override a condition of approval attached to a quasi-judicial or legislative land use decision. 4. Reduce, waive, or modify in any manner the minimum lot area or lot width required for the zoning district in which a given property is located. 5. Allow the reestablishment, expansion, or enlargement of any nonconforming use that has been abandoned or otherwise no longer has lawful nonconforming status. 11.1.2 Criteria for Variances A. The Community Development Director, Planning Commission, and Mayor and City Council shall consider and find in the affirmative that all the following criteria are met in determining whether a variance shall be approved: 1. Extraordinary and exceptional circumstances which are peculiar to the property due to its size, shape, or topography that are not common to other properties in the same zoning district; 2. A literal interpretation of the provisions of this unified development code would deprive the applicant of rights commonly enjoyed by owners of other properties located in the same zoning district, resulting in unnecessary and undue hardship on the applicant; 3. Granting the variance requested will not confer upon the property owner any special privileges that are denied to other owners of property in the same zoning district; 4. The variance will be consistent with the intent of this unified development code and the Comprehensive Plan and shall not be injurious to the neighborhood or otherwise detrimental to the CHAPTER 11: VARIANCES AND APPEALS Page 207 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy public health, safety or welfare; 5. The extraordinary circumstances are not the result of actions of the applicant; and 6. The variance, if granted, is the minimum relief necessary to make possible the reasonable use of land, buildings or structures. 11.1.3 Requirements for Authorizing a Variance A. A variance shall be initiated by an application from a property owner or on behalf of a property owner. An application for a variance must be completed and submitted on standardized forms approved by the City. All applications shall be filed and completed as specified on the application form. B. All fees associated with an application for a variance must be paid in full prior to processing. C. Applications will be submitted to the Community Development Department and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Chapter and noted in the application materials. D. Once an application has been deemed to be complete, the Community Development Director shall transmit the application and notify the applicant that the application is complete. The application shall then be placed on the next available agenda of the Planning Commission, and the Community Development Director shall oversee preparation of a staff report for the requested variance. The Community Development Director shall also publicly advertise all public hearings to be held for the requested variance in accordance with this UDC and State regulations. E. Incomplete applications shall not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application. 11.1.4 Planning Commission Recommendation A. The Planning Commission shall hold a public hearing for an application for a variance. Following the public hearing, the Planning Commission shall issue an advisory recommendation for the requested variance. 1. The recommendation shall be to approve, approve with conditions, deny, or table the subject request. This recommendation shall be forwarded to the Mayor and City Council prior to their public hearing on the subject request. 2. If the Planning Commission does not issue a recommendation within 45 calendar days following the public hearing for a given variance request, the Commission shall be considered to have recommended approval of the application. 11.1.5 Mayor and City Council Decision A. Following the issuance of a recommendation by the Planning Commission, the Mayor and City shall hold a public hearing for an application for a variance. B. Following their public hearing on the matter, the Mayor and City Council shall cast a decision on an application for a variance. The final decision is not required to align with the recommendation of the Planning Commission. 1. The final decision, as issued by the Mayor and City Council, shall be to approve, approve with conditions, or deny the subject request. 2. The Mayor and City Council may table the variance application to a future public meeting if there are CHAPTER 11: VARIANCES AND APPEALS Page 208 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy evolving or uncertain factors that hinder their ability to cast a definite decision at the time. 11.2 Administrative Variances A. The purpose of an administrative variance is to provide the applicant with the minimum amount of relief necessary to avoid unnecessary hardship. B. The Director shall have the power to approve a variance from site design and development standards of this unified development code where the intent of this unified development code can be achieved, equal performance obtained, and the administrative variance would not override conditions of zoning adopted by the Mayor and City Council. The authority to grant a variance shall be limited to the instances provided herein. 1. A reduction of the minimum front, side, or rear yard building setback for a lot of record, provided the following standards are satisfied: a. The building setback reduction is necessary due to geologic conditions, unusual topography, or Tree Protection challenges peculiar to the subject property pursuant to Chapter 13, Buffers, Landscaping, and Tree Protection of this UDC. b. The building setback reduction is limited to a maximum deviation of ten percent (10%) from the minimum code requirement. 2. A reduction or increase of the minimum parking requirements for a particular land use, provided the following standards are satisfied: a. The subject property would not contain fewer than ten (10) parking spaces, including at least one (1) ADA accessible space, as a result of the administrative variance. b. The reduction of minimum parking spaces required is limited to a maximum deviation of ten percent (10%) of the code requirement. c. An increase in the maximum required parking space quantity by greater than ten percent (10%) of the Code requirement if the subject site is undeveloped or contains fewer than ten (10) parking spaces at the time of the request. d. An increase in the maximum required parking space quantity by greater than 20% of the Code requirement if the subject site is developed and contains ten (10) or more parking spaces at the time of the request. 3. A waiver from Chapter 5, Parking requiring a dust free parking surface may be issued by the director provided the parking area consists of a pervious or semi-pervious materials meeting the following standards: a. There shall be a paved primary lot that serves the parking needs of customers and employees on a regular basis. Unpaved parking spaces may not count toward the parking requirements outlined in Section 4.8 with the exception of spaces dedicated to employees of the business. b. Materials used for unpaved parking shall be approved by the City of Stockbridge Public Works Department prior to installation. Gravel shall not be an acceptable material for impervious parking areas. c. Unpaved parking areas shall be enclosed by a fence that restricts public access. All gates and locks shall be approved by the City of Stockbridge Fire Department prior to installation. CHAPTER 11: VARIANCES AND APPEALS Page 209 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy d. The unpaved parking area shall meet the design standards for parking lots, with the exception of paving requirements, and including size of spaces, drive aisles, maneuvering areas, and stormwater management. e. A paved driveway leading to the unpaved parking area that is a minimum of 24 feet in length shall be provided. f. Unpaved parking areas are subject to the landscaping provisions, including the provision that all landscaping be permanently maintained. Surfaces must remain grass and weed free. 4. No administrative variance shall be issued that outright eliminates a requirement development standard. 11.3 Appeals of Administrative Decisions A. The Mayor and City Council shall hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, written interpretation, or decision made by the Director of the Community Development Department, based on the interpretation or enforcement of the unified development code. B. Only persons or entities that are aggrieved by an action shall be permitted to file an appeal under this Code section. C. A notice of appeal under this Section shall be applied for pursuant to the following: 1. A notice of appeal shall be filed within 30 calendar days following the decision or determination that is the subject of the appeal. 2. An appeal shall be made by filing a written notice with the Director of Community Development, specifying the grounds of the appeal and the alleged errors in the decision or interpretation made by the Community Development Department. 3. When applicable, the appellant shall cite the specific section(s) of the unified development code pertinent to the administrative appeal request. 4. A notice of appeal shall be considered filed when a complete notice of appeal is delivered to the Director. D. The Director shall cause for the appropriate departments to be notified that an appeal application and the requisite fees have been filed and shall forward those documents to the appropriate department head and/or his or her designee for handling. 1. The Mayor and City Council shall hold a public hearing for an application for administrative appeals no later than 30 calendar days following the filing date of a notice of appeal. The Director shall publicly advertise all public hearings to be held for the requested appeal in accordance with this Code and State regulations. 2. The Director shall oversee the preparation of a staff report for the requested administrative appeal. E. The Mayor and City Council shall render a decision on an application for administrative appeal following a public hearing on the request and the consideration of all testimony, documentary evidence, and matters of record. 1. The decision shall be either to affirm or reverse, wholly or in part, the administrative decision that is the subject of the appeal request. At the time of motioning during a public meeting, the decision shall include a statement of the specific reasons including the proposed findings of fact that support CHAPTER 11: VARIANCES AND APPEALS Page 210 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy the decision. The findings of fact shall be based on the same evidence received by the first decision maker. 2. The reversal of an administrative decision, in whole or in part, shall be sustained only upon an expressed finding by the Mayor and City Council that the decision by the Director was based on an erroneous finding of a material fact, or that the Director acted in an arbitrary manner. 3. If a motion to reverse or modify is not made within 30 calendar days following the public hearing for an administrative appeal, or such motion fails to receive the affirmative vote of a majority of the members present, then the appeal shall be denied. F. The filing of a complete notice of administrative appeal stays all proceedings in furtherance of the action appealed. Proceedings shall not be stayed if it is determined by the Director that a stay would cause imminent peril to life or property, or that the violation is transitory in nature, or that a stay would interfere with the enforcement of this Code or other regulations. 1. An appeal shall stay only those proceedings that involve the subject of the appeal. G. The filing on an appeal does not stop the accruing of assessed civil penalties, if any. 11.4 Appeals of a Final Action by the Mayor and City Council A. All appeals of final decisions of the Mayor and City Council shall be as follows: 1. An appeal of the final decision of the Mayor and City Council under this Chapter may be taken by the applicable processes as stated in O.C.G.A. § 36-66-5.1. 2. If an appeal is being made by way of petition for review to the superior court where the property lies, in accordance with both O.C.G.A. § 36-66-1 et seq., and as provided for in Chapter 4, Title 5 of the Official Code of Georgia Annotated, any petition may be served through the City Manager or Mayor on behalf of the lower judiciary body being appealed, or on behalf of the city. CHAPTER 11: VARIANCES AND APPEALS Page 211 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT 12.1 Authority The City of Stockbridge and the Community Development Department (and their designee) shall be designated to enforce the provisions, regulations, and intent of this Code. All remedies and enforcement shall comply with the powers set forth in all applicable State of Georgia laws. 12.2 Inspections Inspections and enforcement authority outlined herein shall apply to the Community Development Director. 12.2.1 Right of Entry A. Upon presentation of City identification to the developer, contractor, owner, owner’s agent, operator or occupants, City employees authorized by the Community Development Director shall be permitted to enter during all reasonable hours, or outside reasonable hours, in the event of any emergency threatening life or property, any public or private property for the purpose of: 1. Making inspections to determine compliance with the provisions of this UDC during the open period of any land development, building permit, or other open quasi-judicial or zoning decision. 2. Making inspections to determine compliance with the provisions of this UDC. Where consent is not given to entry, such City employees may seek a warrant to secure entry to the premises B. If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the Community Development Director. C. The owner or operator shall allow the Community Development Director ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography, and videotaping for ensuring compliance with the provisions of this UDC. The owner or operator shall allow the Community Development Director to examine and copy any records that are required under the conditions of any permit granted under this UDC. D. Any temporary or permanent obstruction to safe and easy access to the premises, property, or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Community Development Director and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator. E. Unreasonable delays in allowing the Community Development Director access to a facility, property, or premises shall constitute a violation of this UDC. F. If the Community Development Director has been refused access to any part of a premises, property, or facility and the Community Development Director is able to demonstrate probable cause to believe that there may be a violation of this UDC, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this UDC or any order issued CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT Page 212 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy hereunder, or to protect the overall public health, safety, environment, and welfare of the City, then the Community Development Director may seek issuance of an inspection warrant from the magistrate court. G. The Community Development Director may determine inspection schedules necessary to enforce the provisions of this UDC. 12.2.2 Inspection Warrants A. The Community Development Director, in addition to other procedures provided, may obtain an inspection warrant for the purpose of inspection or investigation of conditions relating to the enforcement of this UDC or observation, measurement, sampling, or testing with respect to the provisions of this UDC. B. Inspection warrants may be issued by the magistrate court when the issuing judge is satisfied that the department has established by oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of the property. C. An inspection warrant shall be issued only if it meets the following requirements: 1. The warrant is attached to the affidavit required to be made in order to obtain the warrant; 2. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection; 3. The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; 4. The warrant refers, in general terms, to the code provisions sought to be enforced; and 5. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection; 12.3 Enforcement A. Inspections and enforcement authority outlined herein applies to the Community Development Director. B. It is the duty of the Community Development Director to enforce the provisions of this Section. C. In addition, it is the duty of all officers and employees of the City, especially members of the Code Enforcement and Police Department, to assist the Community Development Director by reporting any seeming violations, including violations in new construction, redevelopment, or land use. D. Failure to Obtain a Permit. If any person commences any activity requiring a permit as prescribed in this UDC without first obtaining said permit, the person shall be subject to revocation of his/her 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. CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT Page 213 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 12.3.1 Responsibility A. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Stockbridge, its officers, or employees, for injury or damage to persons or property. B. Enforcement. If the Director determines that any violation of this UDC is taking place, or that a condition of zoning, variance, or other permit or administrative approvals are not complied with, the Director shall present to the owner, owner’s agent, occupier, or party responsible for such use or activity, a notice of violation and order the use or activity to cease immediately. C. Violation. The owner of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be held responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the Community Development Director (and their designees). D. Responsibility of Historic Properties or Buildings. The owner of any historic property or buildings within historic districts shall be responsible for any maintenance or repair to deterioration by neglect. Such conditions shall include but not be limited to broken windows, doors and exterior openings which allow the elements and vermin to enter, or the deterioration of a building's structural system. In the event the owner fails to provide ordinary maintenance or repair, it will be considered a violation in accordance with this Chapter. 12.3.2 Procedure for Violations There shall be a three-step procedure for violations of this UDC. These steps are as follows: A. The Community Development Director (and their designees) shall issue a notice of violation to the person(s) who has committed, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within 30 days of the mailing date or posting of notice. The violator will have the opportunity to respond prior to the imposition of a penalty and further rights as provided in this Section. B. The Community Development Director (and their designees) shall issue a notice of fines and penalties to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties is a citation that states the fines and penalties for the violation. The person(s) in violation will have 15 days to pay said fines and/or comply with the penalties. The person(s) in violation must correct the violation within 15 days or face additional notices of fines and penalties. C. If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after notice has been given, the Department of Community Development and/or City of Stockbridge may pursue court action through the municipal court. Fines and liens against the property may also be pursued until the matter is resolved. 12.3.3 Notice of Violation A. The written notice of violation shall at least contain the following information: 1. The name and address of the owner or responsible person; 2. The address or other description of the site upon which the violation is occurring; CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT Page 214 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. A description of the nature of the violation; 4. A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this UDC; 5. The deadline or completion date of any such remedial actions or measures, to consist of not less than 30 days, except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient; 6. A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the notice of violation is directed; and 7. The name and contact information of the enforcement officer who drafted the Notice of Violation. B. If the violation has not been corrected within a reasonable length of time, as noticed in the violation, the owner of the property on which such violation has occurred or the owner’s agent, occupier, or other party responsible for the violation shall be subject to the penalties set forth in this Article, provided that the Community Development Director may, at their discretion, extend the time for compliance with any such notice. C. The Community Development Director also shall have authority to issue a warning notice prior to issuance of a notice of violation. A warning notice shall be discretionary when circumstances warrant such action in the opinion of the Community Development Director and shall, under no circumstances, be required prior to issuance of a notice of violation or other enforcement action. If issued, a warning notice shall include all of the requirements set forth in subsection (a) of Section 12.3.3, Notice of Violation. If a warning notice has not resulted in corrective action within the time specified in the notice, or within any time limit as extended by the Community Development Director, said Director may proceed with a notice of violation or other authorized enforcement action. D. The Community Development Director also shall have the authority to extend the originally issued deadline for compliance by up to six (6) months, if it is established to the Community Development Director’s satisfaction that the responsible party is: 1. Acting in good faith to comply with the notice by taking incremental action to remedy the situation; and 2. Is unusable to comply with the original deadline presented due to financial, medical, or legal hardship, or another extenuating circumstance. 12.3.4 Immediate Public Risk Violations Any violation of this Code which presents an immediate risk to the health, safety, or welfare of the public, or to property within the City of Stockbridge may be corrected by the Community Development Director (and their designees), without prior notice to the property owner or other person responsible for the violation. A. Immediate public risk violations shall include: 1. Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this UDC. 2. Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public. 3. Any other immediate threat to public welfare as determined by the Community Development Director (and their designees), City Police Department, City Fire Department, and/or other City CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT Page 215 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy departments. B. The Community Development Director (and their designees) shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this Code, by either placing a notice in a conspicuous place on the property or by letter. 1. The notice shall be sent to the property owner via certified mail within 24 hours of the seizure. 2. The notice shall include the following: a. A description of the materials seized; b. A citation of the sections of the UDC which were violated and the characteristics of the violation which posed an immediate threat to public welfare; c. The address and phone number of the Department of Community Development and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item; and d. Instructions describing how, where, and when the seized items may be claimed. C. The Community Development Director (and their designees) shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than 30 days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the establishment of a memorandum of agreement between the property owner and Community Development Director (and their designees) regarding the future use of the item in a manner consistent with this UDC. D. Neither Community Development Director (and their designees), the building inspector, or any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken. 12.4 Stop Work Orders and Revocations The Community Development Director may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations. 12.4 Other Enforcement In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of, any one or more of the following actions may be taken against the person to whom the notice of violation was directed. Before taking any of the following actions, the Community Development Director shall first notify the applicant or other responsible person in writing of its intended action as provided in Section 12.3.3, Notice of Violation. In the CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT Page 216 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Community Development Director may take any one or more of the following actions or impose any one or more of the penalties provided in Section 12.6, Penalties for violations: A. Withhold Certificate of Completion/Occupancy. The Community Development Director may refuse to issue a certificate of completion/occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. B. Suspension, Revocation, or Modification of Permit. The Community Development Director may suspend, revoke or modify the permit authorizing the project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Community Development Director may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. C. Bond Forfeiture. The Community Development Director may forfeit a bond, if required to post one. The City may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance. 12.6 Penalties for Violations The Community Development Director by mandatory injunction in the city municipal court against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this Code, or the removal of any use or condition in violation of this Code. A. Civil penalties. Where authorized by statute, in the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described by the specified deadline or completion date, the City may impose a penalty not to exceed $1,000 (for each day the violation is not remedied after the specified deadline or completion date). B. Criminal penalties. The Police Department or Community Development Director may issue a citation to the applicant or other responsible person, requiring such person to appear in the magistrate court of the City to answer charges for such violation. Upon conviction, a fine not to exceed $1,000, except where authorized by law, or imprisonment for 60 days, or both shall punish such person. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. Nothing in this UDC shall require issuance of notice of violation or stop work order prior to the issuance of a citation. 12.7 Appeals or Trials A. Any person receiving a notice of violation and/or fines and penalties may appeal the violation and/or fine to the City municipal court. A written statement from the person in violation, giving notice of the filing of an action with a court, shall be submitted to the Community Development Director (and their designees) via certified mail at least thirty (30) days prior to the date any fine is due. B. Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT Page 217 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy fine. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation. C. No additional notices will be issued by the Community Development Director (and their designees) if the person(s) in violation has (have) submitted an appeal or notice of court review. 12.8 Enforcement, Remedies, or Injunctive Relief The Community Development Director (and their designees) may bring an action in the City municipal court to invoke any legal, equitable, or special remedy, for the enforcement of any code or regulation, and its subsequent amendments. CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT Page 218 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION 13.1 General A. Findings. Whereas, The City of Stockbridge finds that trees and associated vegetation provide substantial public benefits and that their preservation and management are essential to protecting the public health, safety, welfare, environmental quality, and economic vitality of the community. Trees contribute to Stockbridge in the following ways: 1. Public Health and Air Quality. Trees produce oxygen essential to human and animal life and improve air quality by absorbing carbon dioxide and intercepting dust, particulate matter, and airborne pollutants. Additionally, trees sequester carbon and contribute to long-term ecological balance, resource stewardship, and community sustainability. 2. Stormwater Management and Water Quality Protection. Trees and their root systems reduce soil erosion, increase stormwater infiltration, decrease runoff and sedimentation, improve water quality, and enhance the natural functions of streams, floodplains, and related buffers, supporting infrastructure sustainability. 3. Wildlife Habitat and Biodiversity. Trees and understory vegetation provide food, shelter, and movement corridors for wildlife, supporting biodiversity and overall ecosystem health. 4. Preservation of Mature Tree Canopy. Existing mature trees provide the greatest ecological benefits, including shading, habitat value, stormwater absorption, and carbon storage, and therefore warrant priority for preservation during development activities. 5. Scenic Quality and Community Character. Trees soften the visual impact of development, streets, and infrastructure, enhance scenic beauty, and contribute to the unique identity and natural character of the City of Stockbridge. 6. Noise, Glare, and Land Use Compatibility. Trees and landscaping provide effective screening and buffering between dissimilar land uses, reducing noise, glare, wind, and visual impacts, and promoting a healthy, livable environment. 7. Protection of Public and Private Infrastructure. Proper planning, placement, and maintenance of trees minimize conflicts with buildings, utilities, streets, and other infrastructure while maximizing long-term environmental and economic benefits. 8. Temperature Moderation. Tree canopy provides shade and cooling that reduces urban heat, moderates air temperatures, and supports long-term public health by mitigating the impacts of extreme heat and climate variability 9. Economic Value and Property Enhancement. Well-preserved and thoughtfully planted trees enhance property values, support economic activity, and improve the visual character and marketability of real property. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 219 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. Purpose 1. The City of Stockbridge City Council hereby finds that the preservation of existing trees is a public purpose that protects the public health, safety, general welfare, and aesthetics of Stockbridge and all its citizens. The purpose of these standards is to facilitate the preservation, planting, and/or replacement of trees and to prevent the indiscriminate removal of trees in the city without denying the reasonable use and enjoyment of real property as a part of land development in the city. 2. These standards establish requirements for tree preservation and protection during land development and construction, prevent unnecessary loss of mature trees through clear-cutting and mass grading, ensure appropriate replanting when tree removal occurs, and protect trees during public and private construction activities to support the quality of life in the City. 13.2 Applicability A. The terms and provisions of this Chapter shall apply to: 1. All real property in the City of Stockbridge city limits except as otherwise provided in this Chapter. 2. Any residential or non-residential development which requires the issuance of a land disturbance permit, development permit, or building permit, except as otherwise provided in this Chapter. 3. Development on any City-owned property, including property owned by city agencies, boards, and authorities, except as otherwise provided in this Chapter. B. No tree or protected landscape feature shall be removed, damaged, or otherwise impacted except in full compliance with the requirements set forth herein. 13.3 Exemptions A. The following shall be exempt from the provisions of this chapter: 1. The removal of five (5) or fewer trees, other than specimen trees, on any single-family residential property, within a single calendar year. 2. The removal of more than (5) trees, other than specimen trees, from an owner-occupied, single- family lot may be approved by the director if the owner must remove trees to build a newly permitted structure, or to build an addition to or make improvements to an existing structure where the tree is a physical detriment to the structure, or to improve the health of other trees in the landscape. 3. Zonings conditioned to a specific site plan prior to adoption of the tree protection ordinance, provided that said zoning contains specific conditions for both tree preservation and tree replacement. 4. The removal of trees found to be diseased, or insect infested by the Henry County extension service, the State forestry commission, a certified arborist, or urban forester. 5. The removal of structurally declining trees as determined by the Henry County extension service, the State forestry commission, an certified arborist, or urban forester. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 220 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6. The removal of trees from horticultural properties, such as farms, nurseries, or orchards. This exemption shall not include tree harvesting. 7. The removal of any dead, dying, or hazardous (DDH) tree which has become, or threatens to become, a danger to human life or property. The owner/developer, prior to removal of the DDH tree(s), shall provide a report from a professional arborist to the director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal. However, in the case of immediate danger to life and property the tree may be taken down and an inspection requested to verify the condition of the tree. 8. The removal of trees for agricultural activities on land zoned rural residential. 9. The necessary removal of trees by a utility company within dedicated utility easements provided alternative methods to trenching are used when possible, including boring and tunneling. 10. The removal of trees on public rights-of-way conducted by, on behalf of, or any activity pursuant to work to be dedicated to, a Federal, State, County, municipal or other governmental agency in pursuance of its lawful activities or functions in the construction or improvement of public right-ofway. 13.4 Grandfathered Provisions This Chapter shall not apply to any portion of a property included within the limits of a valid and complete application for a land disturbance permit or preliminary plat approval where said application has proceeded through and completed first round red line review by the community development director or to commercial site plans that have been reviewed and red lined by the community development department and which were received by the director or the director’s designee prior the adoption of the ordinance from which this chapter is derived, provided that all time constraints relating to the permit issued shall be observed. 13.5 Procedures A. Application Requirements. 1. Pre-Application Meeting. Prior to submission of an application for development, the applicant is required to meet with the Director or Director’s designee this Chapter as it relates to the applicant's property. The purpose of the pre-application meeting is to clarify the provisions and procedures of this Chapter and review applicable standards and guidelines for the submittal of documents and required tree protection, replacement, and maintenance measures. 2. Tree Survey. Except as provided elsewhere in this section, a tree survey must be a to-scale map or site plan prepared and sealed by a registered surveyor, certified engineer, arborist or landscape architect, and shall be required as part of any application for a land disturbance permit, development permit, building permit or preliminary subdivision plat. The survey shall identify: a. All specimen trees and all trees that are to be preserved and counted toward meeting density requirements and inventoried by size (caliper or DBH, whichever is applicable) and species. Trees larger than two (2) inches (DBH) may be identified and counted for unit credit on; CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 221 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy b. All specimen tree critical root zones; c. Trees which are proposed to be removed; d. All tree protection zones and tree save areas; e. All buffer with existing trees; and f. Sampling methods may be used to determine tree densities for forested areas, as approved by the Director. 3. Tree Protection Plan. A tree protection plan shall be submitted with other permit drawings as part of the development permits process. This plan may either be a separate drawing, or part of a landscape plan, and shall include the following information: a. Limits of land disturbance, clearing, grading, and trenching; b. Tree save areas; c. Specimen trees; d. Areas of revegetation; e. Location, species, and size (DBH) of existing significant trees and an indication of which significant trees would remain on the site; f. Tree fences; g. Erosion control fences; h. Tree protection signs; i. Tree wells; j. Aeration systems; k. Transplanting specifications; l. Staking specifications; m. Utility lines existing and proposed. The applicant shall coordinate the location of these utility lines with the utility companies to prevent root damage within the critical root zones of protected trees, and to minimize damage to trees located in protected zones; n. Procedures and schedules for the implementation, installation, and maintenance of tree protection measures; o. Calculations of tree density proposed on site; and p. Other applicable drawings as determined by the Director. B. No development or building permit shall be issued until the tree protection plan has been approved by the Director. C. Issuance of a building or land development permit shall be conditioned on the approved tree protection plan and conformance to the provisions of these regulations. Any permit may be voided if its terms are violated D. Tree Protection Inspection. Following the receipt of a complete application, the Director shall schedule and conduct an inspection of the proposed development site. The applicant or applicant's designee shall be advised as to the date and time of the inspection and given an opportunity to participate. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 222 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1. Following the inspection said plans shall be reviewed by the Director for conformance with applicable zoning conditions, this Chapter, and any applicable administrative guidelines, and will either be approved or denied. Reasons for denial shall be noted on the tree protection plan or otherwise Stated in writing. 2. Final Inspection. No Certificate of Occupancy shall be issued by the Director with respect to any permit subject to this section unless and until the Director shall have inspected the site and confirmed that all existing trees to remain are in healthy condition and all replacement trees have been planted in accordance with this section. E. Tree Protection Methods. Methods for tree protection must be shown on the tree protection plan. Acceptable methods of tree protection are as follows: 1. Trees identified to be preserved must have a valid, recognizable method of tree protection (tree save) marking or delineation installed at the critical root zones. 2. No person engaged in the construction of any structure or improvement may encroach on a designated tree-save or critical root zone area with heavy machinery, temporary construction related structures such as trailers or portable toilets, or the storage of heavy building materials. 3. During construction, a tree save area must be designated around any trees that are to remain at the end of construction. This includes, but is not limited to, chain link, orange laminated plastic, wooden post and rail fencing, or other appropriate methods that can identify the noninvasive drip line area. 4. The barrier must be placed beyond the critical root zone and prevent the stockpiling of soil or building materials, dumping cleaning solvents, or parking of vehicles or equipment within the tree save area 5. All tree protection measures shall be installed prior to land disturbance. 13.6 Tree Protection 13.6.1 Tree Removal A. Removal of Specimen Trees. The removal of specimen trees from a site may only be allowed in accordance with this Section. 1. Any tree in fair or better condition which equals or exceeds the following diameter sizes is considered a specimen tree: a. Large hardwoods, i.e. oaks, hickories, tulip poplars, and similar species at least 30 inches DBH. b. Large softwoods, i.e. pines, evergreens, and similar species at least 30 inches DBH. c. Small trees, i.e. dogwoods, redbuds, sourwoods, and similar species at least ten (10) inches DBH. d. A tree which may not meet the size requirements above but which is: i. It is a rare or unusual species or of historical significance. ii. It is specifically used by a builder, developer, or design professional as a focal point in a project or landscape. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 223 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy iii. It is a tree with exceptional aesthetic quality. 2. A tree in fair or better condition should meet the following minimum standards: a. A life expectancy of greater than 15 years. b. A relatively sound and solid trunk with no extensive decay or hollow, and less than ten percent (10%) radial trunk dieback. c. No major insect or pathological problem. 3. The Director may identify and require the preservation of a tree stand if it contains one (1) or more specimen trees and the specimen trees are interlocked with other members of the stand in such a way as to imperil the specimen tree if other members of the stand were to be removed 4. Permit. a. Removal of any specimen tree requires a permit. The permit must include the following information: i. A written explanation as to why the tree cannot be retained on the site. ii. Consideration as to whether features of the proposed development can be relocated or designed in a manner that would allow for the retention of the specimen tree and any economic impacts which may occur as a result of such relocations or designs. b. The application to remove a specimen tree may be issued upon finding one or more of the following conditions are met: i. Evidence that alternative site and building designs have been considered by the applicant but would not result in retention of the specimen tree. ii. Retention of the specimen tree would result in less economic use of the property. iii. The site design results in the removal of the minimum number of specimen trees necessary to accommodate the development. iv. The request to remove a specimen tree or trees is reasonable considering the remaining specimen trees on the site that will be retained. B. Removal of Nonspecimen Trees. The removal of nonspecimen trees from a site may be allowed if: 1. The tree is located in an area where a structure or improvement will be placed. 2. The tree is diseased or structurally unsound. 3. The tree poses an imminent danger. 4. The tree interferes with existing utility service. 5. The tree obstructs visibility at intersections. C. Tree Removal Limitations. Nothing in these regulations shall be construed to allow the removal of any tree or vegetation in a required stream buffer, transitional buffer zone or State buffer zone except buffer improvements as authorized by the Director. 13.6.2 Tree Density Requirements A. All sites must maintain a minimum tree density as indicated below. The density requirement must be met whether or not a site had trees prior to development or land disturbance. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 224 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1. Residential Developments: 15 units per acre. 2. Nonresidential and Multifamily Developments: 30 units per acre. B. The term “tree density unit” is not synonymous with “tree.” C. Only trees planted on private property may be counted towards meeting the tree density requirements. Any trees planting within the public rights-of-way do not count towards and are excluded from the site acreage. D. Tree Density Unit Definition and Value. 1. One Tree Density Unit equals one inch in diameter at breast height of an existing tree preserved, or one caliper inch of a replacement tree planted (1:1 ratio). Adjustments to these values, including bonuses and deductions, shall be applied as by the discretion of the Director. 2. Removal of an existing tree may create deductions. Where removal qualifies for a deduction, the associated deduction shall be applied against the site’s total TDU calculation. 3. These requirements apply regardless of whether a site contained trees prior to development. 4. Minimum tree density requirements may be met through: a. Preservation of existing trees with no impact to their critical root zone. b. Planting of new trees to supplement any deficit. E. How to Calculate Tree Density Units. Tree Density Units shall be calculated as follows: 1. Base TDUs. Calculate the base TDU value for all existing trees on the site (1 TDU equals 1 inch DBH) and for all replacement plantings (1 TDU equals 1 caliper inch). 2. Adjustments. Apply authorized multipliers to preserved, planted, or removed trees. 3. Total TDUs Provided. Add all credits for all proposed preservation and replacement and subtract all deductions for all proposed removals. The result is the total TDUs provided on the site. 4. Required TDUs. Multiply the minimum TDU requirement and compare the result to the total TDUs provided to determine compliance. 5. Encroachment and Damage. Unauthorized encroachment, damage, or removal of trees shall be subject to the fines and enforcement measures. F. Table 13.5.2.F, Tree Density Units for Existing Deciduous Trees provides the conversion from diameter to density factor units for existing deciduous trees to remain on site. Table 13.5.2.F – Tree Density for Existing Deciduous Trees Existing Tree DBH (inches) Density Units 2 0.8 3 0.8 4 1.6 5 1.6 6 1.6 7 2.4 8 2.4 CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 225 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 9 2.4 10 3.2 11 3.2 12 3.2 13 4.0 14 4.0 15 4.0 16 4.8 17 4.8 18 4.8 19 5.4 20 5.4 21 5.4 22 6.0 23 6.0 24 6.0 25 6.8 26 7.4 27 8.0 26 8.6 29 9.2 30 9.8 31 10.4 32 11.2 33 11.8 34 12.3 35 13.4 36 14.2 37 15.0 38 15.8 39 16.6 40 17.4 41 18.4 42 19.2 43 20.2 44 21.2 CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 226 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 45 22.0 46 23.0 47 24.0 48 25.2 49 26.2 50 27.2 G. Table 13.5.2.G, Tree Density Units for Evergreens and Conifers provides the conversion from diameter to density factor units for evergreens and conifers to remain on site. Table 13.5.2.G – Tree Density Units for Evergreen and Conifers Existing Tree DBH (inches) Density Units 2 0.6 3 0.6 4 1.4 5 1.4 6 1.4 7 2.2 8 2.2 9 2.2 10 3.1 11 3.1 12 3.1 13 3.9 14 3.9 15 3.9 16 and above Same as deciduous trees found in Table 13.6.F H. Required Front Yard Trees. 1. Properties zoned RR, NR and SR shall provide a minimum of two (2) overstory trees, each not less than two (2) inches caliper, within the required front yard. 2. Properties zoned CCR and MFR shall provide a minimum of one (1) overstory tree, not less than two (2) inches caliper, within the required front yard. 3. Required front yard trees may be existing preserved trees or newly planted replacement trees, provided they satisfy applicable size and species requirements. 4. Existing Credit. Existing preserved overstory trees located within the required front yard may satisfy front yard tree requirements where such trees meet minimum size and species standards. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 227 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 13.6.3 Mitigation Measures A. General. It shall be the policy of the City to maximize the preservation and maintenance of existing trees and where necessary the planting of replacement trees. An approved Tree Protection and Replacement Plan must be included as a condition for issuance of a Land Disturbance Permit. The City shall have the authority to reject and/or approve appropriate measures (including a combination of measures) based on the requirements of this Chapter and the particular circumstances of each project. It shall also be the policy of the City to provide guidelines for new tree plantings in those instances where no trees currently exist. B. Preservation and Protection of Existing Trees. 1. The required Site Density Factor shall first be met with existing trees when possible. When a choice is available as to which existing trees to save, specimen trees, even isolated individual trees, shall be given preference over other trees. 2. If significant trees exist on a tract of land for which a permit subject to this section is sought, either one 120 inches (DBH) per acre or 25% of existing significant trees per acre of such significant trees, whichever is less, shall be preserved on the site. Trees and tree save areas counting toward this requirement on sites zoned OI, C-1, C-2, LI, or HI may be located in stream buffers, State buffer zones, transitional buffer zones, or designated floodplains. 3. Understory Vegetation. Tree preservation areas shall leave intact the naturally occurring groundcover and understory vegetation except where directed otherwise by the Director in order to allow the removal of undesirable groundcover or understory vegetation. C. Planting of New Trees. 1. Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability. 2. If the required Site Density Factor cannot be accomplished with existing trees, replacement trees shall be planted as required by this Chapter. 3. If the Director determines that special constraints of a site result in an inability to build or develop without removing significant trees on a site, where there are 120 inches (DBH) per acre or less of existing significant trees, the Director may permit the removal of one (1) or more significant trees. Trees removed pursuant to this section must be replaced with trees totaling one (1) times the diameter inches of those inches removed. 4. There shall be at least two (2) two-inch (DBH) overstory trees in every front yard of properties zoned RR, NR, and SR. 5. There shall be at least one (1) two-inch (DBH) overstory tree in every front yard of properties zoned CCR and MFR. 6. Required trees may be located on individual lots or in subdivisions in which there is commonly owned property may be located on such commonly owned property. D. Protection of Trees During Construction. 1. Trees identified to be preserved and counted as credit for meeting required unit density shall have four (4) foot tall orange tree protection fencing installed six (6) feet beyond the perimeter of the critical root zones. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 228 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. No person engaged in the construction of any structure(s) or improvement(s) or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six (6) feet of the area outside the critical root zone as defined herein, or any existing significant tree within a tree save area, transitional buffer zone, stream buffer, or State buffer zone. 3. All tree protection devices must remain in functioning condition until completion of the project or until the Certificate of Occupancy is issued. 4. Any tree, designated in the plan to be saved, which is negligently damaged during construction or as a result of negligent construction, as determined by the Director, shall be treated according to accepted National Arborists Association standards. a. If fatally damaged (50% of critical root zone disturbance or structural damage confirmed by an arborist, trees shall be replaced with four (4) inch caliper trees equal to the unit value of the tree removed. b. However, any specimen tree negligently damaged as described above shall be replaced with four (4) inch caliper trees equal to one and one-half (1.5) times the equivalent inches (DBH) of the tree removed or damaged. c. Replacement of failed replacement trees must occur within 30 days or the next planting season if failure occurs outside planting windows. E. Damage or Disturbance to Trees. 1. General Prohibition. No person shall cause or permit the damage, destruction, or disturbance of any tree regulated except as authorized or exempted under this chapter at any time, including but not limited to: a. Grading, trenching, or excavation within the critical root zone; b. Soil compaction, alteration of grade, or placement of impervious surfaces within a critical root zone; c. Storage of materials, equipment, or debris within the critical root zone; d. Damage caused by vehicles, machinery, or improper pruning; e. Failure to maintain tree protection fencing or required measures during construction; or f. Removal or death of a tree due to neglect of required protection or maintenance measures. 2. Verification and Determination of Damage. If encroachment or other activity results in the decline, irreversible damage, or death of a tree, as verified by a certified arborist, the tree shall be deemed removed and subject to the replacement provisions of this Chapter. 3. Plan Revision and Replacement. The approved Tree Survey and/or Replacement Plan shall be revised to reflect the loss, with replacement trees and/or additional tree density units (TDUs) required to fully compensate for the damage. The revised plan shall be approved by the Director prior to the continuation of site work. 4. Continued Enforcement. Revisions to the Tree Survey and/or Replacement Plan shall not preclude enforcement action. The developer, property owner, or responsible party shall remain liable for all penalties, restoration, and replanting obligations resulting from the violation. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 229 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy F. Removal of Trees from Floodplain. 1. Trees shall not be cut or removed from the floodplain, except as follows: a. Those trees found to be diseased or insect infested by the county extension service, the Georgia Forestry Commission, a certified arborist, or a certified forester. The owner/developer, prior to removal of the diseased or infested tree(s), shall provide a report from a professional arborist to the Director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal. b. As necessary for construction, repair or maintenance of public roads, utilities or stormwater management facilities. c. As part of an approved wetland mitigation plan. G. Protection of Understory Vegetation 1. Tree save areas and tree protection areas shall preserve naturally occurring understory vegetation and groundcover to the maximum extent practicable. 2. Naturally occurring understory vegetation within tree preservation areas shall remain intact except where removal is approved by the Director for: a. Removal of invasive species; b. Removal of hazardous or diseased vegetation; c. Selective removal necessary to promote tree health or survivability; or d. Approved restoration, utility, access, or maintenance activity. 3. Disturbance of understory vegetation within tree save areas shall be minimized to preserve soil stability, root protection, and ecological function. 13.6.4 Tree Replacement Standards A. Table 13.6.4, Tree Density Unit Values for Replacement Deciduous Trees provides the conversion from diameter to density factor units for deciduous replacement trees. Table 13.6.4 – Tree Density Unit Values for Replacement Deciduous Trees Caliper of Replacement Tree (inches) Density Units 2 0.4 3 0.5 4 0.7 5 0.8 6 1.0 7 1.1 8 1.2 9 1.3 10 1.5 11 1.6 12 inches or greater 2.0 CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 230 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. Seven (7) gallon container-grown pine trees are given replacement value of 0.05 density units. The Director may approve one (1) gallon or three (3) gallon pines. There will be no replacement value given for such trees. C. At least 50% of replacement trees must be overstory trees. D. No more than 25% of replacement trees may be of any single species E. No more than 25% of replacement trees may be evergreen species. F. Any trees eight (8) inches (DBH) and over which have been removed in violation of this Chapter shall be replaced by the violator with four (4) inch caliper replacement trees equal to the unit value of the trees removed. G. Any specimen tree removed from a parcel shall be replaced by one and one-half (1.5) times the equivalent inches (DBH) of replacement trees or existing trees using species with potentials for comparable size and quality at maturity. H. Tree Relocation and Tree Credit. 1. Tree relocation and credit for existing trees replacement units will be granted to trees relocated on site, subject to approval of the Director. Existing trees between two (2) caliper inches and seven and nine-tenths (7.9) caliper inches may be used for credit on the tree replacement plan. 2. Trees used for credit on the tree replacement plan must be chosen from the Table 13.6.5, Recommended Tree List. I. Unless otherwise approved by the Director, trees selected for replanting must meet the minimum standards as provided in the American Standard for Nursery Stock (ANSI Z60.1, 1980) and must be included in Table 13.6.5, Recommended Tree List. J. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Planting Manual or a similar publication. K. It is desirable that replanted trees be ecologically compatible with the site and neighboring sites. When practical, the replanted trees shall be of the same or similar species as those removed. L. Replacement trees shall be planted in manner that provides adequate space for nourishment, light, and maturation as recommended by the Director. 13.6.5 Recommended Tree Species A. Table 13.6.5, Recommended Tree List represents the recommended trees to be utilized when the planting or replanting of trees is required by this UDC. Table 13.6.5 – Recommended Tree List Overstory Tree Species Scientific Name Common Name Recommended Leaf Habit Acer rubrum Red Maple October Glory, Red Sunset Deciduous Acer saccharum Sugar Maple Betula nigra Riverbirch Duraheat Deciduous Carya aquatica Water Hickory Availability Deciduous Deciduous CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 231 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Carya cordiformis Bittemut Hickory Availability Deciduous Carya glabra Pignut Hickory Availability Deciduous Carya illinoensis Pecan Carya tomentosa Mockernut Hickory Celtis occidentalis Hackberry Deciduous Diospyros virginiana American Persimmon Deciduous Fagus grandifolia American Beech Deciduous Fraxinus pennsylvanica Green Ash Deciduous Fraxinus tomentosa Pumpkin Ash Deciduous Gleditsia triacanthos Honeylocust (seedless) Deciduous Ilex opaca American Holly Evergreen Juglans nigra Black Walnut Deciduous Juniperus virginiana Red Cedar Brodie Liquidambar styraciflua Sweetgum Limited Use— Deciduous Rotundiloba (Avail.) Liriodendron tulipifera Tulip Poplar Limited Use Magnolia acuminata Cucumbertree Magnolia grandiflora Southern Magnolia Magnolia virginiana Sweetbay Magnolia Deciduous Nyssa sylvatica Black Gum Deciduous Nyssa ogeeche Swamp Tupelo Deciduous Pinus echinata Shortleaf Pine Evergreen Pinus strobus Eastern White Pine Evergreen Pinus taeda Loblolly Pine Evergreen Platanus occidentalis Sycamore Deciduous Populus deltoides Eastern Cottonwood Deciduous Quercus alba White Oak Deciduous Quercus coccinea Scarlet Oak Deciduous Quercus falcata Southern Red Oak Deciduous Quercus georgiana Georgia Oak Deciduous Quercus hemisphaerica Laurel Oak Evergreen Quercus lyrata Overcup Oak Deciduous Quercus laurifolia Laurel Oak Deciduous Quercus michauxii Swamp Chestnut Oak Deciduous Deciduous Availability Deciduous Evergreen Deciduous Deciduous Bracken's Brown Beauty, Greenback CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Evergreen Page 232 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Quercus muehlenbergii Chinkapin Oak Deciduous Quercus nigra Water Oak Deciduous Quercus nuttalli Nuttall Oak Deciduous Quercus palustris Pin Oak Deciduous Quercus phellos Willow Oak Deciduous Quercus prinus Chestnut Oak Quercus rubra Northern Red Oak Deciduous Quercus shumardii Shumard Red Oak Deciduous Quercus stellata Post Oak Deciduous Quercus velutina Black Oak Deciduous Salix spp. Willow Deciduous Taxoduim distichum Bald Cypress Tilia americana American Basswood (Linden) Deciduous Ulmus alata Winged Elm Deciduous Availability Shawnee Brave Deciduous Deciduous Understory and Other Small Tree Species Scientific Name Common Name Acer barbatum Florida Maple Deciduous Acer leucoderme Chalk Maple Deciduous Acer saccharum Sugar Maple Deciduous Aesculus pavia Red Buckeye Deciduous Alnus serrulata Alder Deciduous Amelanchier grandiflora x Serviceberry Recommended Princess Diana, Autumn Brilliance Leaf Habit Deciduous Aralia spinosa Devils Walking Stick Deciduous Asimina triloba Pawpaw Deciduous Betula nigra River Birch Carpinus caroliniana American Hornbeam Deciduous Castanea pumila Chinkapin Deciduous Celtis tenulfolia Georgia Hackberry Deciduous Celtis laevigata Sugarberry Deciduous Cercis canadensis Eastern Redbud Deciduous Cercis reniformis Redbud Chioanthus virginicus White Fringetree Deciduous Cladrastis kentukea Yellowwood Deciduous Cornus spp. Dogwood Little King Deciduous Oklahoma Florida and Kousa crosses CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Deciduous Page 233 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Cornus florida Flowering Dogwood Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Deciduous Crataegus aestivalis Mayhaw Deciduous Crataegus spp. Hawthorn Crataegus phaenopyrum Washington Hawthorn Deciduous Diospyros virginiana Persimmon Deciduous Halesia carolina Silverbell Deciduous Halesia diptera Two Silverbell Hamamelis virginiana Witch-hazel Ilex spp. Holly Ilex decidua Possumhaw Juniperus virginiana Red Cedar Lagerstromia indica x faurieri Crape Myrtle Tree form cultivars Deciduous disease resistant and hardy, e.g., Choctaw, Natchez Magnolia grandiflora Southern Magnolia Magnolia x loebneri Loebner Magnolia Alta, Bracken's Evergreen Brown Beauty, Greenback, Claudia Wannamaker Merrill Deciduous Magnolia macrophylla Bigleaf Magnolia Deciduous Magnolia soulangiana Saucer Magnolia Deciduous Magnolia stellata Star Magnolia Magnolia tripetala Umbrella Magnolia Deciduous Magnolia virginiana Sweetbay Magnolia Evergreen Myrica cerifera Waxmyrtle Evergreen Osmanthus americanus Devilwood Evergreen Ostrya virginiana Eastern Hophombeam Deciduous Oxydendrum arboreurn. Sourwood Deciduous Pinus Virginiana Virginia Pine Filbert Deciduous Deciduous Thornless cultivars Winged Deciduous Deciduous Deciduous Burford, Carolina #2, Evergreen Foster, Neillie R. Stevens, Savannah, Yaupon Deciduous Star Man Slopes, Screen CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Evergreen Page 234 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Pistacia chinesis Chinese Pistache Prunus angustifolia Deciduous Chickasaw Plum Deciduous Rhamnus caroliniana Carolina Buckthorn Deciduous Rhus glabra Staghorn Sumac Deciduous Salix sericea Silky Willow Deciduous Sassafras albidurn Sassafras Deciduous Styrax americana Snowbell Deciduous Ulmus alata Winged Elm Deciduous Vaccinium arboreurn Sparkleberry Evergreen Trees for Under Powerlines Scientific Name Common Name Recommended Aesculus pavia Red Buckeye Alnus serrulata Alder Cercis candensis Redbud Chionanthus virginicus White Fringetree Cornus spp. Dogwood Florida and Kousa crosses Cornus florida Flowering Dogwood Disease resistant varieties, Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Crataegus phaenopyrum Washington Hawthorn Ilex spp. Holly Magnolia soulangiana Saucer Magnolia Myrica cerifera Waxmyrtle Oxydendrum arboreum Sourwood Prunus angustifolia Chickasaw Plum Filbert Nellie R. Stevens, tree form Burford, Yaupon 13.6.6 Invasive Species A. General. For purposes of this section, an invasive species shall include any plant species identified as invasive or prohibited by one or more of the following authorities, as amended from time to time: 1. The Georgia Exotic Pest Plant Council (GEPPC); 2. The Georgia Forestry Commission; or 3. Any additional authoritative source approved by the Director CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 235 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. No person, property owner, developer, contractor, or agent shall plant, install, replant, or cause to be planted any tree, shrub, vine, groundcover, or other vegetation identified as an invasive species in connection with any development activity, landscaping installation, buffer planting, tree replacement, mitigation plan, or maintenance obligation required or regulated by this Chapter. C. Administrative Invasive Plant Species. The Director is hereby authorized to maintain and periodically update an administrative list of invasive plant species prohibited from planting within the City of Stockbridge. The administrative list shall be used for review and enforcement purposes and shall not require formal amendment of this Chapter. D. Removal and Maintenance of Invasive Species. 1. Invasive Species Removal. Where invasive species are identified within required tree save areas, buffers, landscape areas, or mitigation plantings, the Director may require their removal and replacement with approved non-invasive species consistent with the intent of this Chapter. 2. Replacement Requirements. Removal of invasive species shall not generate tree density credit or replacement credit unless otherwise approved by the Director. Replacement plantings shall comply with all applicable tree preservation, replacement, and landscape standards of this chapter. E. Enforcement and Violations. 1. Violation: Planting or allowing the planting of prohibited invasive species in violation of this section shall constitute a violation of this chapter. 2. Corrective Action: In addition to any penalties, the Director may require corrective action, including removal and replacement of prohibited plant species at the expense of the responsible party. 13.7 Buffer Requirements 13.7.1 Buffer Standards A. Buffers shall meet the minimum width requirements contained in the zoning ordinance, except as authorized to be reduced by the applicable buffer reduction process, as follows: B. As specified in Table 13.7.3.A, Buffer Widths the "Buffer Area Standards Table;" C. As specified in a residential zoning district for a permitted nonresidential use (e.g. a church, temple, synagogue, etc.); or D. As required by a condition of zoning, special use, or variance approval. 13.7.2 Buffer Installation Requirements A. Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of zoning, special use or variance approval, or as authorized herein, and shall contain the existing tree cover and vegetation as well as any supplemental plantings or replantings as may be required. B. Minimum required screening shall consist of an opaque visual screen to a height of six (6) feet, or any combination of existing and replanted vegetation which can reasonably be expected to create an opaque visual screen six (6) feet high within two (2) growing seasons. C. In situations where the required buffer width is partially or completely contained within an existing easement (e.g. power or natural gas transmission, trail easement, etc.), the screening requirements of this CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 236 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy UDC shall be met outside of the easement area, to ensure a continuous buffer. D. Location. 1. Buffers shall be measured from the property line. 2. Buffers shall be located on the outer perimeter of a lot or parcel, parallel to the lot or parcel boundary line and must be provided along the entire site or lot immediately abutting the property line. 3. Buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required by the Director in order to observe the sight distance requirements contained in the development regulations, or as authorized by a condition of zoning, special use, or variance approval. 4. Breaks for pedestrian, bicycle, and vehicle access are allowed, as approved by the Director. Driveways or walkways must cross a buffer at as near a perpendicular angle as practical. 5. The parking of vehicles and the placement of buildings or structures, except as provided below, is not allowed in a required buffer. Figure 13.7.2.D - Buffer Location Standards E. Plantings. 1. Buffer plantings shall be designed taking into consideration existing conditions, including, but not limited to, soils, topography, streams, and existing vegetation. Native vegetation shall be used for landscaping and buffering unless the applicant demonstrates that the use of non-native, droughtresistant plants would best serve the site and advance the objectives of this Section. 2. Supplemental Plantings. Buffers in which vegetation is non-existent or is inadequate to meet the screening requirements of this Section shall be planted with supplemental plantings so as to provide a year-round visual screen. Such screen shall include: a. Two (2) canopy trees for each 50 feet of buffer length. Canopy trees shall be two-and-a-half CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 237 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy (2.5) inch caliper; b. Two (2) understory trees for each 50 feet of buffer length. Understory trees shall be two (2) inch caliper; c. Fifteen (15) screening shrubs with a minimum install height of four (4) feet. d. New deciduous trees shall have a caliper of no less than two (2) inches upon planting, and new evergreens shall be at least six (6) feet tall when planted. F. Non-Vegetative Screening. 1. Non-vegetative materials utilized in addition to the use of existing vegetation and/or supplemental plantings, may consist of walls, fences, earthen berms or any combination thereof. 2. While non-vegetative screening materials may be utilized in addition to natural, enhanced or planted buffers, they are not a replacement of, nor exemption from the requirement to plant buffers. 3. If walls or fences are to be utilized, their placement and installation shall be such to cause minimal disturbance of existing vegetation and located so as to provide an effective visual screen. 4. Fences used in buffers must be made of rot-resistant material or protected from deterioration with waterproofing material. G. Maintenance. Buffers shall be maintained, in perpetuity, by the property owner. 13.7.3 Buffer Widths A. Minimum Width. Buffer widths shall comply Table 13.7.3.A, Buffer Widths, required along the property lines, where applicable. Table 13.7.3.A – Buffer Widths Proposed Development Type Adjacent Zoning RR, NR, SR CCR, MHR MFR, Nonresidential Mixed-Use (C1, C2, OI, LI, and (DT, MUS, MU, HI) PUD Single-Family 25 FT Attached (Townhomes, TwoFamily) and MultiFamily 0 FT 50 FT 0 FT Business/Commercial, 50 FT Public Institutional, or Mixed-Use 50 FT 0 FT 0 FT Industrial 100 FT 0 FT 0 FT 100 FT CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 238 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 13.7.3 - Buffer Width Standards 13.7.4 Disturbance or Encroachments A. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance facilities, similar facilities, and any associated easements, shall not encroach into a buffer except for necessary access and utility crossings (e.g. stormwater or sanitary sewer pipes) may encroach into the buffer as near to perpendicular as practical. B. Land disturbance is authorized in areas of a buffer that are devoid of significant existing vegetation provided that the final grade and replanting of vegetation meet the requirements contained herein. C. Dead, dying, diseased, hazardous, or invasive vegetation may be removed from a buffer provided minimal disturbance occurs. Vegetation removed shall be replaced where necessary to meet the buffer requirements contained herein. A landscape architect and/or certified arborist shall identify dead, dying, diseased, hazardous, or invasive vegetation for removal. D. Trail installation or connections required per Section 16.7, Trail Construction Standards are authorized to encroach within the buffer. All clearing associated with the construction of such path shall be contained within the required width of the path. 13.7.5 Protection During Land Disturbing Activities A. During authorized land disturbing activities, buffers shall be clearly demarcated and protected prior to commencement of, and during, construction. Limits of disturbance shall be located a minimum of ten (10) feet from the edge of the buffer. B. The method of demarcation and protection shall at a minimum be a continuous single row of four (4) foot tall orange vinyl (or other high visibility color) tree protection fence or shall be protected as required by the Community Development Department. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 239 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 13.8 Landscape Requirements 13.8.1 Applicability A. Compliance Required. Compliance with this Section shall be required in the following development circumstances: 1. Subdivision, construction, or reconstruction of all residential and nonresidential developments, except as exempted herein. 2. Expansion or alteration of the gross floor area of an existing multi-family dwelling, mixed-use, or nonresidential building by 50 percent or more. B. Compliance Exemptions. Compliance with this Section shall not be required in the following circumstances: 1. Individual lot, single-family development. 2. Duplexes; and 3. Accessory uses, structures, or temporary uses. 13.8.2 General Requirements A. Strategically locate deciduous trees and plants to provide shade and windbreaks to reduce building energy use. B. Coniferous plant material clusters should be sensitively located to create strong visual impact while not impeding views (both into the site and out to the surrounding landscape) or negatively impacting circulation of vehicles. C. Landscape design must consider climate, urban and natural context, and local character. The effects of solar access and shade on roads and sidewalks should be considered when locating landscape materials. D. Reduce water consumption by using xeric plants appropriate to the climate and location. E. Install plant material by hydro-zones based on water requirements. 13.8.3 Maintenance Requirements A. All landscaped areas shall be maintained to ensure that plant materials remain healthy. Any diseased or dead plant materials shall be replaced as soon as reasonably possible based on the growing season, but no later than six (6) months following identification of the need for replacement. B. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, to maintain visual clearance for public safety, and to ensure that landscape and buffer areas serve the intended purpose. C. Provide efficient irrigation systems for all plant materials. Wherever possible, employ the use of flow sensors and weather sensing elements such as rain sensors to ensure that water is not wasted. 13.8.4 Street Trees A. Street trees shall be provided by the developer in non-residential zoning districts under the following conditions: 1. In Overlay Districts listed in Chapter 2, Zoning and Overlay Districts. 2. In zoning districtsMU and DT. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 240 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. As a condition of zoning. B. Regulations. When street trees are required in non-residential and mixed-use zoning districts the following regulations shall apply: 1. Street trees shall be located along the property frontage, either inside or outside of the public right- of-way, in no case closer than 11 feet to the edge of pavement or back of curb. When the street trees are proposed inside the right-of-way, they shall be located outside of the clear zone per the current edition of the AASHTO Roadside Design Guide subject to Department of Transportation approval. 2. One tree per 50 linear feet of property frontage shall be provided. 3. Street trees shall be selected from Table 13.8.4.C, Street Trees and shall be two-and-a-half (2.5) inch caliper and six (6) feet in height at the time of planting. 4. Street trees shall be spaced as evenly as possible along the property frontage to create a unified and repetitive tree canopy at maturity with consideration given to lighting, underground utility placement, and utility easements. 5. No more than 25 (or 25% of the total number, whichever is greater) of the trees installed may be of any one (1) genus. 6. No more than 25% of the street trees used in a single development shall be of the small tree species in Table 13.8.4.C, Street Trees, unless limited by roadway classification or posted speed limit that affect tree placement. 7. No street tree or streetlight standard shall be placed within ten (10) feet of another tree, streetlight standard, utility pole or within five (5) feet of a fire hydrant. C. Appropriate Tree Species. Trees selected for planting or replanting shall be a native species per the Georgia Forestry Commission list of native Georgia trees, or selected from the approved tree list, Table 13.8.4.C Street Trees. Table 13.8.4.C – Street Trees Large Trees Small Trees Nuttall Oak Crepe Myrtle Shumard Oak Saucer Magnolia (variety: Butterflies) Willow Oak Chinese Fringe Tree Gingko (variety: President, Autumn Gold, male gender) Golden Rain Tree Princeton Elm Texas Redbud (Cercis reniformis) Chinese Elm (varieties: Allee, Athena, Drake, Bosque) Kousa Dogwood Bald Cypress (variety: Shawnee Brave) Washington Hawthorn ‘Princeton Sentry’ Zelkova (variety: Green Vase or Village Green) Zelkova (variety: Wires) Northern Red Oak Red Leaf Maple CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 241 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 13.8.5 Landscape Strips A. Applicability: All surface parking areas (of any size) abutting a public street (not including an alley) must be screened using one of the following options. B. Landscape Strip Requirements: A minimum ten (10) foot wide landscape strip planted with a minimum of ten (10) shrubs per 35 linear feet of street frontage, excluding driveway openings. Shrubs shall be provided to screen paved areas and parking lots from the right-of-way. Figure 13.8.5 - Landscape Strip Requirements C. Plant Material. Shrubs shall be at least two (2) feet tall at the time of planting. They must be planted two (2) rows deep and provide a screen within three (3) years of planting. 13.8.6 Landscape Standards for Nonresidential Development A. Applicability. The provisions of this Section apply to all street frontage of nonresidential and mixed-use development sites. B. Disturbance. 1. Required landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall not be disturbed by grading, property improvements or construction activities, except where necessary to prevent a nuisance, or to maintain natural plant growth, or to remove diseased, misshapen, or dangerous and decayed trees. C. Landscaping Requirements. 1. All landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall utilize existing natural vegetation in an undisturbed state provided that the existing vegetation is appropriate for inclusion. 2. A minimum of 12% of the total buildable area in any parcel shall be devoted to landscaping. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 242 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. Plantings and Other Required Elements. Where existing vegetation is insufficient, the following trees and shrubs shall be provided as indicated in Table 13.8.6.C, Nonresidential Landscaping Requirements. Table 13.8.6.C – Nonresidential Landscaping Requirements Location Number of Plants Front Yard 1 per 40 linear feet of yard length Side Yard 1 per 25 linear feet of yard length Rear 1 per 25 linear feet of yard length 13.8.7 Parking Lot Landscaping A. Applicability. Parking lot landscaping is required on all on-site surface parking lots with more than 20 spaces created after the effective date of this UDC. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area. B. Perimeter Landscaping. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened by a landscape strip as specified in Section 13.8.5, Landscape Strips. Perimeter screening that is not next to a public street must be a minimum of 5 feet in width with a single hedgerow. C. Interior Landscaping. 1. A landscaped interior island must be provided every 12 parking spaces. 2. An interior island must be a minimum of ten (10) feet in width and 300 square feet in area. Each island must include two (2) shade trees. 3. All required shade trees must be chosen from the approved tree list. 4. All required shade trees must be a minimum caliper of two (2) inches and be at least six (6) feet tall at the time of planting. 5. Trees should be placed within interior islands to maximize shading of the pavement. 6. Vehicle stops or curbing shall be used to ensure that vehicles do not overhang required landscaped areas. D. Tree Canopy. Commented [DS47]: Should there be an overall site tree canopy 1. In addition to the internal landscaping requirements, a minimum tree c a n o p y c o v e r s h a l l b e p r o v i d e d r e q u i r e m e n t ? T y p ica l l y t r e e density for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. 2. Post-Construction Canopy. Post-construction canopy shall be based on proposed canopy cover consisting of both preserved and newly planted trees. Polygon mapping shall be used to delineate canopy groupings. Canopy projections for new plantings shall be based on the species-specific canopy spread data provided in the Appendix. 3. Minimum Required Canopy Cover. At least 50% of paved parking lot area shall be shaded by tree canopy at maturity, as calculated under this section. 4. Plan Requirements. Landscape and site plans shall clearly identify all post-construction canopy areas and provide supporting calculations demonstrating compliance with the minimum canopy requirement. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 243 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 13.9 Timber Harvesting A. Timber harvesting may be permitted upon authorization by the Director. B. Permits. Permits authorizing tree harvesting shall be in accordance with the following standards: 1. A 75 foot wide undisturbed buffer shall be provided and maintained along the entire perimeter of the property, including road frontages, during the land disturbing activity, except for authorized access crossings. 2. Notwithstanding the other provisions of this section, no property owner shall be required to preserve an undisturbed buffer that covers more than 25% of the total land area of the property, excluding area inside the 100-year floodplain. In any such case, an alternative buffer width shall be provided, as determined by the Director pursuant to its review of the application for a permit. 3. The property shall be required to meet a tree density standard of 30 units per acre, not including the 75 foot buffer, upon completion of authorized land disturbing activities. 4. The owner/applicant shall utilize the recommended best management practices as established by the Georgia Forestry Commission. 5. Land that has been designated silviculture may be developed after a period of 5 years from harvesting, provided that a development plan has been prepared and approved by the Director prior to any clearing, grading, or other land disturbance. 13.10 Sureties A. Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this tree protection ordinance, and following acceptance by the Community Development Department in accordance with the issuance of a land disturbance permit, development permit, or building permit, the owner shall either provide proof of warranty or post a maintenance bond or other acceptable surety in accordance with Article 18, Guarantees and Sureties, warranting the new trees, shrubs or landscape material for a period of no less than two (2) years. B. Compliance Prior to Certificate of Occupancy or Final Plat Approval. In the event that new trees proposed to be planted to achieve the tree density standard as set forth and contained herein, or other trees or landscape material required to be planted as set forth in this UDC, are not installed upon application for a Certificate of Occupancy or final plat approval as appropriate to the project, then a performance bond or other acceptable surety in accordance with Article 18, Guarantees and Sureties shall be posted with the City. C. Compliance Upon Permit Completion or Expiration. Properties where a permit is issued to conduct land disturbing activities that do not require the issuance of a Certificate of Occupancy or the approval of a final plat, or said activities as authorized are completed or the permit expires, shall comply with the tree density standard of this section as follows: 1. Clearing, Clearing and Grubbing, or Grading Only Permits. Replacement trees proposed to be planted to achieve the tree density standard of this Chapter which is not planted upon completion or prior to expiration of a clearing, clearing and grubbing, or grading permit, shall be planted within 30 days of the completion or expiration of said permit unless a performance bond is posted with the CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 244 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy City. 2. Development Permits. Replacement trees proposed to be planted to achieve the tree density standard of this section which is not planted upon completion or prior to expiration of a land disturbance permit, development permit, or building permit, shall be planted within 30 days of the completion or expiration of said permit unless a performance bond is posted with the City. 13.11 Inspection A. The Community Development Department shall perform an inspection of the plantings and landscape materials required by this Code prior to expiration of the one (1) year warranty or maintenance period. The owner shall be notified of any replacements or restoration that must be made to maintain compliance with this Code or conditions of zoning, special use or variance approval. B. Required landscape material found to be dead or near death shall be replaced prior to release by the community development department of the warranty of maintenance surety. In no case shall replacement be delayed greater than 30 days from notification unless a performance bond is posted with the City. 13.12 Continuing Maintenance A. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffers and landscape plantings required by this Chapter. B. The City is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced. C. Buffers that, over a period of time, lose their screening ability shall be replanted to meet the requirements of this Chapter. D. Replacement trees and landscaping shall be in accordance with the applicable provisions of this Chapter. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION Page 245 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 14: SUBDIVISIONS 14.1 Subdivision Plat Process Applicability These regulations shall govern the subdivision of all land within the incorporated area of the city. A. Any owner of land within such jurisdiction wishing to subdivide land shall submit to the Community Development Department a plat of the subdivision which shall conform to all requirements set forth in these regulations. B. No plat of a subdivision lying within such territory or part thereof, shall be recorded in the Office of the Clerk of the Superior Court of Henry County and no subdivider shall proceed with the improvement of lots in a subdivision until such subdivision plat shall have been approved by the Community Development Director. C. The recording of a plat shall be based on an approved plat and shall not be recorded solely on the basis of a metes and bounds description. 14.2 Plat Procedures A. Applicability. This chapter is applicable to all subdivisions of land involving any: 1. Street dedication; 2. Public infrastructure; 3. Utility extensions; 4. Platted open space or common areas that are not part of an individually owned lot; or 5. All other subdivisions not exempt pursuant to Section 14.6, Exemptions from Preliminary Plat Procedures. B. Effect of Approval. The preliminary plat does not constitute nor provide assurance of approval of the final plat or building or development permits but is to be used as the development design for the subdivision and for the acquisition of a development permit as provided in this Code. C. Improvements prior to Final Plat. No final plat shall be approved unless and until the subdivider has installed all improvements required by this Code, or appropriate sureties have been secured. 14.3 Review and Approval Authority A. The Community Development Department, the Public Works Department, the City Engineer, and the Fire Marshal shall have the authority to review and approve a subdivision plat required by this chapter, consistent with these provisions. B. Neither the Director, the City Engineer, nor the Fire Marshal shall have the authority to waive any requirement of this Code in the review of a subdivision plat. C. Revisions. The procedure for the review of proposed amendments or revisions to previously approved CHAPTER 14: SUBDIVISIONS Page 246 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy subdivision plat shall follow the process for the initial approval of subdivision plat as outlined below. 14.4 Pre-Application Meeting A. Prior to the preparation of the subdivision plat, the subdivider shall prepare sketch plans and general subdivision proposals. The subdivider or their agent shall then engage in a pre-application meeting with the director regarding the suitability of the plans. B. The purpose of a pre-application meeting is to acquaint the subdivider with plans and policies that might be significant to their proposed development and furnish City staff with preliminary information regarding said development. C. Upon receiving favorable consideration, the subdivider may then proceed to prepare the preliminary plat for submission to the Community Development Department. 14.5 Preliminary Plat Requirements A. Application. Following successful pre-application meeting, the subdivider shall cause to be prepared a preliminary plat, together with other supplementary material as deemed necessary by the Director. B. Preliminary Plat Contents. 1. The preliminary plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to practice in Georgia, affixing the respective seal, signed, and dated. The plat be drawn at a scale no smaller than 100 hundreed feet to an inch and shall show all existing conditions required below and all proposals, including the following: a. Any conditions of approval formally set upon the property by the Mayor and City Council; b. Proposed name of subdivision; c. Name and address of owner of record, and the subdivider (if not the owner); d. Name, address and telephone number of the professional who prepared the plat; e. Date of survey, date of plat drawing, north point and graphic scale; f. Location (land district and land lot), and acreage; g. Quantity of proposed parcels and typical lot sizes; h. A vicinity map depicting streets and highways, land lot lines, railroads and other significant features, within one (1) mile of the proposed subdivision, drawn at a scale sufficient to show the information required; i. Exact boundary lines of the assemblage, giving lengths, bearings, and present zoning designation(s); j. Adjoining property owner names, subdivision names, and zoning; k. Unit divisions or phase of development, if any, proposed by the subdivider; l. CHAPTER 14: SUBDIVISIONS Contour lines based on sea level datum and drawn at intervals not greater than two (2) feet. The source of the topographic contours shown shall be specified; Page 247 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy m. Natural features within the proposed subdivision, including drainage channels, bodies of water and other significant features. On all watercourses the direction of flow shall be indicated; n. The 100-year floodplain, if any, must be delineated; o. All required stream buffers and setbacks on the property; p. Cultural features existing within the proposed subdivision, including street names, rights-of- way and pavement widths; easements; bridges; culverts; utility lines and structures; buildings; city and county lines; land lot lines; and such other significant information; q. Proposed subdivision layout, including: Street names, central angles of street intersections, approximate street grades, street surface widths; lot lines with dimensions, lot number, block letters; building setback lines with dimensions; sites to be reserved, developed or dedicated for public uses or for nonpublic uses exclusive of single-family dwellings; r. A statement as to the source of the domestic water supply and provisions for sanitary sewage disposal; s. The approximate location of proposed stormwater management facilities, including any Green Infrastructure, hereafter indicated as “GI”, or Low Impact Development, hereafter indicated as “LID”, techniques; t. Location and results of percolation tests for any lots which will not be served by a public sewage system, as required by the county health department; u. Location and size of all proposed drainage structures, including catch basins, curbs, gutters, grates and headwall; v. Location of all proposed sanitary and storm sewer lines or improvements and any easements required with sufficient dimensions to location same on the ground; w. Location and description of all proposed monuments and pins; x. A written statement on the preliminary plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence. 14.6 Exemptions from Preliminary Plat Procedures A. The types of activities listed here shall be considered subdivisions but may be exempt from the preliminary plat requirements of this chapter, except as noted. Each such exempt subdivision shall be drawn in accordance with final plat standards and shall be submitted with the appropriate fees. 1. Small subdivisions; 2. Re-combinations; and 3. Minor revised final plats. B. Small Subdivisions Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case of a subdivision of five (5) lots or less and the subdivider may submit an application for final plat approval, without submitting a preliminary plat, provided that: 1. Each lot in the proposed subdivision abuts an existing public street; CHAPTER 14: SUBDIVISIONS Page 248 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. The proposed subdivision will not affect any major alterations of utility installations, or other existing or proposed public facilities; and 3. The application for final plat approval meets all the applicable procedural, design, and other requirements of these regulations. C. Re-combination Exemption. The preceding provisions of this chapter may be waived and a shortened procedure may be initiated in the case of a combination or recombination of two (2) or more lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with this Code. D. Minor Revised Final Plat Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case when it becomes necessary to revise an original recorded final plat due to some error, required adjustment, or desired adjustment, that is minor in scope and scale of change. This may include the adjustment of lot lines for single-family attached units after as-builts have taken. E. A subdivider intending to use any of these exemption methods shall first consult with the director or their designee, supplying sufficient information to assure that the specified conditions will be met. 14.7 Final Plat Requirements A. Application. Following completion of land disturbance activities, the subdivider shall cause to be prepared a final plat, together with other supplementary material as deemed necessary by the Director. The following shall be provided at the time of the application: B. The final plat shall conform substantially to the preliminary plat; it may, however, represent only that portion of the approved preliminary plat which the subdivider proposes to develop and record at any one time, provided that such portion conforms to the requirements of these regulations. C. Final Plat Contents. 1. The final plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to practice in Georgia, affixing the respective seal, signed, and dated. The plat shall be labeled "Final Plat," be drawn at a scale no smaller than 100 hundred feet to an inch, and shall contain the following information: a. A written statement on the final plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence; b. Name of subdivision; c. Graphic scale, north arrow with reference of bearings to magnetic, true or grid north, and date of survey; d. Location of tract (land lot and land district) and acreage; e. All dimensions accurate to the nearest one-tenth of a foot and all angles accurate to the nearest minute; f. Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, and building line whether curved or straight. This shall include, but not be limited to, the radium, length of arc, internal angles CHAPTER 14: SUBDIVISIONS Page 249 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy and tangent distance for the center line of curved streets; g. Exact locations, right-of-way widths, and names of all streets and alleys within and immediately adjoining the plat along with street center lines; h. Street intersection angles and street pavement widths; centerline profiles; i. Minimum required building setback lines and any zoning buffers, with dimensions, or note indicating none required, as applicable; j. Lots or sites numbered in numerical order and blocks lettered alphabetically with lots and sites numbered in numerical order; k. Location, dimensions, and purpose of all depicted easements, public service utility rights-of- way lines; areas (other than streets) to be reserved, donated, or dedicated to public use; and sites to be used for other than single-family residences; l. Location and size of all drainage structures, including catch basins, curbs, gutters, grates, and headwalls; m. Extent of the 100-year floodplain and a floodplain chart showing the area within and outside the floodplain for each lot containing any portion of the 100-year floodplain. The origin of the floodplain data must be indicated; n. All required stream buffers and setbacks on the property; o. Location, material, and description of all monuments and pins, including street markers. p. Notation that streams or wetlands lie or do not lie within 200 feet of the development, unit or phase. Delineate and label all applicable buffers per Chapter 15, Environmental Protection; q. Certification that the applicant is the land owner and dedicates streets, rights-of-way and any sites for public use; r. Certification by the appropriate authorities for roads, water, sewers, and health that the subdivider has complied with one (1) of the following alternatives; i. All improvements have been installed in accordance with their requirements; ii. A performance bond has been posted in sufficient amount to assure completion of all required improvements; or iii. Other guarantees of satisfactory completion of required improvements have been accepted with their conditions specified in the certification. s. Protective covenants, if any, shall be shown on the plat. If covenants are separately recorded, a statement shall be provided on the final plat as follows: "This plat is subject to the covenants set forth in the separate documents attached hereto dated , which hereby become a part of this plat, and which were recorded on ;" t. A copy of the deeds for dedication of public areas to the appropriate public agency(s), if applicable; u. Zoning information including the current zoning district and all applicable zoning conditions, variances, and/or special use permits. The adopted ordinance, or final letter in the case of CHAPTER 14: SUBDIVISIONS Page 250 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy variances, shall be provided on the final plat; v. As-built construction drawings prepared by a professional engineer or surveyor, registered in the State of Georgia; w. Other data may be required by the Planning Commission in the enforcement of these regulations. This data may include final engineering design reports on proposed improvements, or other certificates, affidavits, endorsements, or dedications necessary to support the intent of these regulations. D. Review Process. The application shall be approved by the Planning and Zoning Department, the Public Works Department, the City Engineer, the Fire Marshal, and the Planning Commission. 14.8 Final Plat Recording It shall be the responsibility of the subdivider to send the approved final plat to the Clerk of the Superior Court of Henry County to be recorded. 14.9 Appeals If a Preliminary or Final Plat is denied, the applicant may file an appeal with the County Board of Commissioners, within 30 days following a denial. Appeals shall be processed in accordance with Chapter 11, Variances and Appeals. 14.10 Expiration A. Preliminary Plat Applications. An application for a preliminary plat shall expire six (6) months after the issuance of the latest letter/comments of plat revisions. The application may not expire within six (6) months if the inactivity is a result of a pending review from an external agency outside the applicant’s control. B. Plats. A plat remains valid for the duration of the project, subject to the following time restrictions: 1. An approved preliminary plat shall expire two (2) years after the approval date unless the applicant has filed a complete application for a final plat. 2. An approved Final Plat does not expire, provided it is recorded within six (6) months of approval. 14.11 Requirements Regarding Ownership and Management of Open Space A. Where open space is required in a proposed development, the open space shall be protected in perpetuity by a binding legal instrument that is recorded with the plat. If the entity accepting an easement is not the City of Stockbridge, then a right of enforcement favoring the city shall be included in the easement. The instrument shall be one (1) of the following: B. A permanent conservation easement in favor of either: 1. A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence. The conveyance CHAPTER 14: SUBDIVISIONS Page 251 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or 2. A governmental entity that will ensure perpetual management of the open space. C. A permanent restrictive covenant, recorded on the final plat in favor of the City of Stockbridge. D. An equivalent legal tool that provides permanent protection, if approved by the mayor and city council. E. The legal instrument for permanent protection shall include clear restrictions on the use of the open space. The restrictions shall include all required by this unified development code. F. Open space may be owned by a homeowners' or property owners' association. Where such association is established and authorized to own the protected open space, membership in the association shall be mandatory for all owners and their successors within the development containing the protected open space. The association shall be responsible for managing and maintaining the open space and any structures located within the open space. 14.12 Requirements Regarding Stormwater Facilities A. The property upon which the stormwater facilities are located cannot be included in the description of any lot located in a residential subdivision. B. Maintenance and Responsibility. 1. Non-Residential Properties. a. Detention ponds and facilities that are located on commercial and industrial properties shall follow the title of the property upon which such facilities are located, and the owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of such facilities. b. In addition to maintaining the stormwater management function of the facility, the property owner shall be responsible for the ongoing beautification and appearance of all stormwater detention ponds, retention ponds, and related facilities. Such maintenance shall include, at a minimum, routine mowing, removal of litter, debris, and dead vegetation, control of weeds and invasive plant species, maintenance or replacement of required landscaping, and upkeep of any decorative fencing, screening, irrigation systems, or other aesthetic improvements installed as part of the approved site plan. Stormwater facilities shall be maintained in a neat, safe, and attractive condition so as not to create a nuisance or detract from adjacent properties or public rights-of-way. 2. Residential Properties. a. Detention ponds that are located on residential properties may transfer full liability to a homeowner's association that is validly existing under the laws of the State of Georgia where such entity has the legal ability to assess and collect fees for the maintenance of those facilities. b. In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility according to the ordinances of the city. CHAPTER 14: SUBDIVISIONS Page 252 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. The city shall have a perpetual nonexclusive easement over and across all access easements to the detention ponds and facilities, together with a nonexclusive easement over, above, under and through the detention pond and facilities for the purpose of the operation and maintenance of such facilities. 4. All final plats that are submitted to the City for review shall include an unencumbered nonexclusive easement from an existing public roadway to any stormwater detention structure or pond. The access easement shall be a minimum of 20 feet in width and shall be at least graveled to accommodate the equipment necessary to clean and maintain both the easement and the structure or pond. 14.13 Street Name and Sign Requirements A. Street Names. 1. All proposed street names shall be approved by the Department during the preliminary plat review process or prior to recording of the road and its right-of-way deed. 2. Any request to change the name of an existing road shall be submitted to the Department for review and shall be approved by City Council. B. Street Signs. 1. The location of the street signs shall be determined during the review of the preliminary plat. CHAPTER 14: SUBDIVISIONS Page 253 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 15: ENVIRONMENTAL PROTECTION 15.1 Stream Buffer Protection 15.1.1 Findings and Purposes A. Findings. Whereas, the City Council of the City of Stockbridge finds that buffers adjacent to streams provide numerous benefits including: 1. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources; 2. Removing pollutants delivered in urban stormwater; 3. Reducing erosion and controlling sedimentation; 4. Protecting and stabilizing stream banks; 5. Providing for infiltration of stormwater runoff; 6. Maintaining base flow of streams; 7. Contributing organic matter that is a source of food and energy for the aquatic ecosystem; 8. Providing tree canopy to shade streams and promote desirable aquatic habitat; 9. Providing riparian wildlife habitat; 10. Furnishing scenic value and recreational opportunity; and 11. Providing opportunities for the protection and restoration of greenspace. B. Purposes. The purpose of this Section is to protect the public health, safety, environment, and general welfare; to minimize public and private losses due to erosion, siltation, and water pollution; and to maintain stream water quality by provisions designed to: 1. Create buffer zones along the streams of the City of Stockbridge for the protection of water resources; and 2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. 15.1.2 Applicability This Section shall apply to all land development activity on property containing a Stream Buffer Protection Area. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State, or Federal regulations. 15.1.3 Grandfathered Provisions. This Section shall not apply to the following activities: A. Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of the ordinance codified in this Section; B. Existing development and on-going land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, and gardening and lawn maintenance, except that new development CHAPTER 15: ENVIRONMENTAL PROTECTION Page 254 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy or land disturbance activities on such properties will be subject to all applicable buffer requirements; C. Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of the ordinance codified in this Section; D. Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of the ordinance codified in this Section. 15.1.4 Exemptions. The following specific activities are exempt from this Section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property. A. Activities for the purpose of building one (1) of the following: 1. A Stream crossing by a driveway, transportation route or utility line; 2. Public water supply intake or public wastewater outfall structures; 3. Intrusions necessary to provide access to a property; 4. Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; 5. Unpaved foot trails and paths; or 6. Activities to restore and enhance stream bank stability, vegetation, water quality, and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. B. Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least twenty-five (25) feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents, and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in this section. C. Land development activities within a right-of-way existing at the time the ordinance codified in this Section takes effect or approved under the terms of this Section. D. Within an easement of any utility existing at the time the ordinance codified in this Section takes effect or approved under the terms of this Section, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents, and valve structures. E. Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the Director on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Director to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability, or water quality of the protection area. F. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the CHAPTER 15: ENVIRONMENTAL PROTECTION Page 255 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy activities that intruded on the buffer. G. Any land development activity within a Stream Buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Chapter 11, Variances and Appeals, of this UDC. 15.1.5 Stream Buffer and Setback Requirements A. All land development activity subject to this article shall meet the following requirements: 1. An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. If defined banks are not identifiable, the protected buffer will be measured from other identifiable features such as the "point of wrested vegetation" or the "ordinary high water mark". 2. An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling, and earthmoving shall be minimized within the setback. 3. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. 15.1.6 Inspection A. The City of Stockbridge may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City of Stockbridge shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. B. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. 15.1.7 Minor Land Disturbing Activities. The following land-disturbing activities are examples of projects not specifically listed in O.C.G.A. § 12-7-17(3) that would be considered minor land-disturbing activities and are, therefore, exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters. These minor land disturbing activities shall be exempt from the buffer requirements of this Article, as well: A. Elevated structures such as decks, gazebos, patios, walkways, viewing platforms or open picnic shelters, provided that: 1. The floor or decking is built in a pervious manner to allow for the infiltration of stormwater; 2. No more than 100 square feet of footprint of the elevated structure extends into or over the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 3. No grading, cutting, filling or similar land-disturbing activities occurring as a part of the site preparation, construction or subsequent development; 4. The structure is built on posts, concrete blocks or similar supports; 5. Permanent protective vegetative cover remains, or protective measures (for example, mulch or CHAPTER 15: ENVIRONMENTAL PROTECTION Page 256 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy gravel) are installed within the footprint of the elevated structure to prevent post-construction soil erosion; 6. A natural canopy is left in sufficient quantity to keep shade on the streambed; and 7. No concrete or asphalt slabs, pads or foundations are constructed or placed as a part of the site preparation, construction or subsequent development. B. A pervious ground-level walkway approach to a dock or similar structure, provided that: 1. No more than 100 square feet of the constructed walkway extends into the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 2. No grading, cutting, filling or similar land-disturbing activities occur as a part of the site preparation, construction or subsequent development; 3. No concrete or asphalt slabs, pads, supports or foundations are constructed or placed as a part of the site preparation, construction or subsequent development; and 4. All ground preparation and walkway material placement is completed with the use of hand-held equipment. C. Restoration of buffer area after the removal of an existing structure, provided that the buffer area must be replanted with native vegetation. D. Maintenance or repair of existing structures, the failure of which would result in a threat to human health or County waters, such as sewer lines, water lines, dams or gas lines. Total disturbance must be less than 100 square feet. E. Placement of rock riprap within the buffer not to exceed 100 square feet on any one property, provided that: 1. The placement of the riprap does not result in soil disturbance outside the placement area; and 2. No grading, cutting, filling or similar land-disturbing activities occur as part of the site preparation, construction or subsequent development. 15.1.7 Land Disturbing Activities not Considered Minor. The following land-disturbing activities are examples of projects that are not considered minor land-disturbing activities and are, therefore, not exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters. Such activities shall comply with the requirements of this Article: A. Any land-disturbing activity utilizing wheeled or tracked machinery and equipment resulting in soil erosion within the buffer; 1. Paving with poured or prefab concrete or asphalt; 2. Any project or combination of projects occurring within the same calendar year on the same property resulting in more than 100 square feet of any elevated structures or pervious ground level walkways within or extending into the buffer; 3. Construction of a barbeque pit on a concrete or asphalt slab or pad within the buffer; 4. Construction of a ground-level patio within the buffer; 5. Construction of a swimming pool within the buffer; CHAPTER 15: ENVIRONMENTAL PROTECTION Page 257 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6. Construction of a decorative or structural retaining wall within the buffer; 7. Construction of a new seawall with land-disturbing activities occurring within the buffer; and 8. Backfilling any new seawall construction within the buffer. B. Prohibited Activity. Any land development activity within a buffer established under this Section or any impervious cover within a setback established under this Section is prohibited unless a variance is granted pursuant to Chapter 11, Variances and Appeals, of this UDC. 15.2 Soil Erosion, Sedimentation, and Pollution Control 15.2.1 Title and Findings A. Title. This Section will be known as "The City of Stockbridge Soil Erosion, Sedimentation and Pollution Control Ordinance." B. Findings. The City of Stockbridge finds that soil erosion and sediment deposition onto land and into water within the watersheds of the City are a result of failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of the City and the intent of this Section to strengthen and extend the present erosion and sediment control activities and programs of the City and to provide for the establishment and implementation of a County-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of the City of Stockbridge, GA. 15.2.2 Exemptions. This Section shall apply to any land-disturbing activity undertaken by any person on any land except for the following: A. Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968;" B. Granite quarrying and land clearing for such quarrying; C. 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; D. 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: 1. Construction of any such residence shall conform to the minimum requirements as set forth in Section 15.2.3.C of this Section. 2. 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. a. 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. b. Primary Trout Waters. For primary trout waters, the buffer zone shall be at least 50 CHAPTER 15: ENVIRONMENTAL PROTECTION Page 258 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy horizontal feet, and no variance to a smaller buffer shall be granted. c. Secondary Trout Waters. 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. d. 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. 3. The minimum requirements of Section 15.2.3.C of this Section and the buffer zones provided by this paragraph shall be enforced by the City; E. 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; F. 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. 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 (3) years after completion of such forestry practices; G. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; H. Any non-commercial 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, provided that: 1. 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 2. That nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by this section. 3. Commercial projects of 5,000 square feet or greater of disturbed area are not exempt from any provision of this Section; provided, however, that the City of Stockbridge may specifically exempt commercial projects of less than one (1) acre from soil erosion plan requirements in cases where minimal land disturbance is to occur); I. 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 CHAPTER 15: ENVIRONMENTAL PROTECTION Page 259 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 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; J. 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 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 K. Any public water system reservoir. 15.2.3 Minimum Requirements A. General Provisions. Excessive soil erosion and resulting sedimentation can take place during land- disturbing activities if requirements of this Section and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this Section 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 15.2.3.B, Minimum Requirements/BMPs and Section 15.2.3.B of this Section. 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 Section and the NPDES general permit. B. Minimum Requirements/BMPs 1. Best management practices as set forth in this Section 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 Section 15.2.3.B.2 or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of 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 CHAPTER 15: ENVIRONMENTAL PROTECTION Page 260 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Manual for Erosion and Sediment Control in Georgia" specified in subsection (b) of O.C.G.A. § 12-76. 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 landdisturbing 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 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 O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act," for each day on which such failure occurs. 4. The Director may require reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 5. The City or district office may set more stringent buffer requirements than stated in elsewhere in this ordinance, in light of subsection (c) of O.C.G.A. § 12-7-6. C. Additional Requirements. 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: 1. A construction exit designed in accordance with the "Manual for Erosion and Sediment Control in Georgia" must be the first element developed on a construction site. The construction exit must be maintained in such a way as to prevent any mud from being tracked onto public roads; 2. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 3. Cut-fill operations must be kept to a minimum; 4. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 5. Whenever feasible, natural vegetation shall be retained, protected, and supplemented; 6. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 7. Disturbed soil shall be stabilized as quickly as practicable; CHAPTER 15: ENVIRONMENTAL PROTECTION Page 261 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 8. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 9. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 10. 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.; 11. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 12. Cuts and fills may not endanger adjoining property; 13. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 14. 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; 15. 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 this Section. 16. Except as provided in this Section, 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 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 singlefamily residence, when such residence is constructed by or under contract CHAPTER 15: ENVIRONMENTAL PROTECTION Page 262 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 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 17. 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 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 singlefamily 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 18. There is established a 25 foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of this CHAPTER 15: ENVIRONMENTAL PROTECTION Page 263 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy title, the "Coastal Marshlands Protection Act of 1970," and the rules and regulations promulgated thereunder, 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 an alteration within the buffer area has been authorized pursuant to O.C.G.A. § 12-5-286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however: a. That if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, where a drainage structure or roadway drainage structure is constructed or maintained; b. That if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, on the landward side of any currently serviceable shoreline stabilization structure, or for the maintenance of any manmade storm-water detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. c. For the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope, or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction. i. 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; 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 ii. The buffer shall not apply to crossings for utility lines that cause a width of disturbance of no more than 50 feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. iii. The buffer shall not apply to any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April CHAPTER 15: ENVIRONMENTAL PROTECTION Page 264 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented or any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25 foot buffer would consume at least 18% of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. iv. Activities where the area within the buffer is not more than 500 square feet or that have a "minor buffer impact" as defined in EPD Rule 391-3-7-.01(r), provided that the total area of buffer impacts is less than 5,000 square feet are deemed to have an approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under the variance by rule and notification shall be made to the division at least 14 days prior to the commencement of landdisturbing activities. 19. 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 Subsections B. and C. of this section. 20. 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 Section or the terms of the permit. 15.2.4 Application/Permit Process A. General. 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, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this Section, 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. Permit. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the City without first obtaining a permit from the City to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. 2. Application. The application for a permit shall be submitted to the City 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 as necessary. Said plans shall include, as a minimum, the data specified in Section 15.2.4.C, Plan Requirements. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the landdisturbing activity proposed will be carried out in such a manner that the provisions of Section 15.2.4.B and Section 15.2.4.C of this Section will be met. Applications for a permit will not be CHAPTER 15: ENVIRONMENTAL PROTECTION Page 265 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy accepted unless accompanied by three copies 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 391-37-10. 3. Fee. 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 eighty dollars ($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. § 127-8 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 City shall review and approve or disapprove concerning the adequacy of the erosion, sedimentation and pollution control plan. The City shall approve or disapprove a plan within 35 days of receipt. Failure of the City to act within 35 days shall be considered an approval of the pending plan. No permit will be issued unless the plan has been approved by the City, and any variances required by Section 15.2.3.C have been obtained, all fees have been paid, and bonding, if required as per Section 15.2.4.B, has been obtained. 5. If a permit applicant has had two (2) or more violations of previous permits, this section, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application. 6. The City or district office 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 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 15.2.3.B and Section 15.2.3.C, 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 Section. 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 CHAPTER 15: ENVIRONMENTAL PROTECTION Page 266 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or 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. 2. Data required for the 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. D. Permits. 1. Permits shall be issued or denied as soon as practicable, but in any event not later than 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 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 Section, any variances required by Section 15.2.3.C.16, 17, and 18 are obtained, bonding requirements, if necessary, as per Section 15.2.4.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 Section, 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 Section. A holder of a permit shall notify any successor in title to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The City or district office may reject a permit application if the applicant has had two (2) 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). 15.2.5 Education and Certification 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 (1) CHAPTER 15: ENVIRONMENTAL PROTECTION Page 267 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 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 Section. 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. 15.2.5 Inspection and Enforcement A. The City 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 B. The City shall regulate primary, secondary, and tertiary permittees as such terms are defined in the State general permit. 1. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. 2. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. 3. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. 15.2.6 Effectivity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. C. Liability. 1. Neither the approval of a plan under the provisions of this Section, nor the compliance with provisions of this Section 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. 2. 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 Section or the terms of the permit. 3. No provision of this Section 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 CHAPTER 15: ENVIRONMENTAL PROTECTION Page 268 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy promulgated and approved thereunder or pollute any waters of the State as defined thereby. 15.3 Illicit Discharge and Illegal Connection. 15.3.1 General Provisions A. Purpose and Intent. The purpose of this Section is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the City's separate storm sewer system to the maximum extent practicable as required by Federal law. This Section establishes methods for controlling the introduction of pollutants into the City's separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Section are to: 1. Regulate the contribution of pollutants to the City's separate storm sewer system by any person; 2. Prohibit illicit discharges and illegal connections to the City's separate storm sewer system; 3. Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the City's separate storm sewer system; and 4. To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with the provisions of this Section. B. Applicability. The provisions of this Section shall apply throughout the municipal boundaries of the City and to all discharges entering the City's storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. C. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of the ordinance codified in this Section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of the ordinance codified in this Section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. D. Responsibility for Administration. The authorized enforcement agency shall administer, implement and enforce the provisions of this Section. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employment of the agency. 15.3.2 Prohibitions A. Prohibition of Illicit Discharges. No person shall throw, drain or otherwise discharge, cause or allow others under their control to throw, drain or otherwise discharge into the City's separate storm sewer system any pollutants or waters containing any pollutants other than stormwater. B. Exemptions. The following discharges are exempt from the prohibition provision above: 1. Water line flushing when performed by a governmental agency or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, CHAPTER 15: ENVIRONMENTAL PROTECTION Page 269 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy swimming pools (if dechlorinated—typically less than one (1) PPM chlorine), and any other water source not containing pollutants; 2. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety; 3. Dye testing is an allowable discharge, but requires a verbal notification to the City prior to the time of the test; and 4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. C. Prohibition of Illegal Connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the City's separate storm sewer system is prohibited: 1. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection. 2. A person violates this Section if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. 3. Improper connections in violation of this Section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Sanitation Department. 4. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City. 15.3.3 Industrial, Construction Discharges Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with the provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the City prior to allowing discharges to the City’s separate storm sewer system. 15.3.4 Reporting Illicit Discharge to Issuing Authority/City of Stockbridge A. Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the City's separate storm sewer system, State Waters, or waters of the United States that person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the CHAPTER 15: ENVIRONMENTAL PROTECTION Page 270 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy effects of the discharge. B. Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three (3) business days of the phone call or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. That person shall also take immediate steps to ensure no recurrence of the discharge or spill. C. In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified. D. Failure to provide notification of a release as provided above is a violation of the provisions of this Section. 15.3.5 Best Management Practices The authorized enforcement agency will adopt requirements identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contaminations of stormwater, the storm drain system, State waters or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the City's separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. 15.3.6 Watercourse Protection Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. 15.3.7 Effectivity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 271 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 15.4 Floodplain Management/Flood Damage Prevention 15.4.1 General A. In General. 1. The flood hazard areas of the City of Stockbridge are subject to periodic inundation which may result 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. 2. Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas. 3. Effective floodplain management and flood hazard protection activities can: a. Protect human life and health; b. Minimize damage to private property; c. Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and d. Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public. 4. Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) 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 City of Stockbridge, Georgia, does ordain this Section and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property. B. Purpose. The purpose of this Section is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to: 1. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 2. Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; 3. Control filling, grading, dredging and other development which may increase flood damage or erosion; 4. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; 5. Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are CHAPTER 15: ENVIRONMENTAL PROTECTION Page 272 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy involved in the accommodation of floodwaters; and 6. Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas. C. Applicability. This Section shall be applicable to all areas of special flood hazard within the jurisdiction of the City of Stockbridge, Georgia. For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "future-conditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this Section, the following documents and sources may be used for such purposes and are adopted by reference thereto: 1. The flood insurance study (FIS) for the County, dated June 15, 2022, with accompanying maps and other supporting data and any revision thereto. 3. Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100-year floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any base flood study authored by a registered professional engineer in the State of Georgia which has been prepared by the Federal Emergency Management Agency ("FEMA") approved methodology and approved by the department designated by Mayor and City Council. 4. Other studies which may be relied upon for the establishment of the future-conditions flood elevation or delineation of the future-conditions floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any future-conditions flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMA-approved methodology and approved by the City. c. The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the department designated by the City. F. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other chapter, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. G. Warning and Disclaimer of Liability. The degree of flood protection required by this Section 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 manmade or natural causes. This Section 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 Section shall not create liability on the part of the City of Stockbridge or by any officer or employee thereof for any flood damages that result from reliance on this Section or any CHAPTER 15: ENVIRONMENTAL PROTECTION Page 273 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy administrative decision lawfully made thereunder. 15.4.2 Administration and Enforcement. A. Designation of Administrator. 1. Appointed. The City Engineer or their designee is hereby appointed to administer and implement the provisions of this Section. 2. Duties and Responsibilities. Duties of the City Engineer shall include, but not be limited to: a. Review all land development applications and permits to assure that the requirements of this Section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding; b. Review proposed development to assure that all necessary permits have been received from those 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 USC 1344; c. Require the applicant to obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, when base flood elevation data or floodway data have not been provided; d. 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; e. Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been flood proofed; f. Obtain certification of design criteria from a registered professional engineer or architect when flood proofing is utilized for a structure; g. Notify affected adjacent communities and the State Department of Natural Resources (DNR) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); h. Make the necessary interpretation where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary is given a reasonable opportunity to appeal the interpretation, as provided in this Division. Where floodplain elevations have been defined, the floodplain is determined based on flood elevations rather than the area graphically delineated on the floodplain maps; 3. i. Coordinate all Flood Insurance Rate Map (FIRM) revisions with the Georgia DNR and FEMA; j. Review variance applications and make recommendations to the appointed board. Records. a. All records pertaining to the provisions of this Section are maintained in the office of the County Clerk and are open for public inspection. b. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, CHAPTER 15: ENVIRONMENTAL PROTECTION Page 274 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy or storage in an area other than a basement area, 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 adopted City Building Code. 15.4.3 Permit Requirements A. No owner or developer shall perform any development activities on a site where an area of special flood hazard or area of future conditions flood hazard is located without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically excluded by this Section, any landowner or developer desiring a permit for a development activity shall submit to the City a permit application on a form provided by the City. C. No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this Section. 15.4.4 Floodplain Management Plan Requirements. An application for a development project with any area of special flood hazard located on the site will be required to include a floodplain management/flood damage prevention plan. This plan shall include the following items: A. Site plan drawn to scale, which includes, but is not limited to: 1. Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment; 2. For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; 3. Proposed locations of water supply, sanitary sewer, and utilities; 4. Proposed locations of drainage and stormwater management facilities; 5. Proposed grading plan; 6. Base flood elevations and future-conditions flood elevations; 7. Boundaries of the base flood floodplain and future-conditions floodplain; 8. If applicable, the location of the floodway; and 9. Certification of the above by a registered professional engineer or surveyor. B. Building and foundation design detail, including, but not limited to: 1. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structure; 2. Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; 3. Certification that any proposed nonresidential floodproofed structure meets the criteria in Section 15.4.8.B, Nonresidential Buildings.; 4. For enclosures below the base flood elevation, location and total net area of foundation openings as required in Section 15.4.7.A.5, Elevated Buildings; and 5. Design plans certified by a registered professional engineer or architect for all proposed structure(s). CHAPTER 15: ENVIRONMENTAL PROTECTION Page 275 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy C. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; D. Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post- development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all other computations and other information similar to that presented in the FIS; E. Copies of all applicable State and Federal permits necessary for proposed development, including, but not limited to, permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334; and F. All appropriate certifications required under this Section. G. The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans. 15.4.5 Construction Stage Submittal Requirements A. For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the department designated by the City a certified as-built elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation certificate shall be provided after completion of construction, including final grading of the site. 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 floodproofing is utilized for nonresidential structures, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. B. Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The department designated by the Henry County Board of Commissioners 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 work being allowed to proceed. Failure to submit certification or failure to make the corrections required by this Section shall be caused to issue a stop-work order for the project. 15.4.6 Development Standards. A. Definition of Floodplain Boundaries. 1. "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available. 2. For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations shall be provided by the department designated by the City. If future-conditions elevation data is not available from the department designated by the City, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. B. Definition of Floodway Boundaries. The width of a floodway shall be determined from the FIS or FEMA- CHAPTER 15: ENVIRONMENTAL PROTECTION Page 276 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the department designated by the City. If floodway data is not available from the department, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. C. General Standards. 1. No development shall be allowed within the future-conditions floodplain that could result in any of the following: a. Raising the base flood elevation or future-conditions flood elevation equal to or more than one-hundredth of one (0.01) foot; b. Reducing the base flood or future-conditions flood storage capacity; c. Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or d. Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation. 2. Any development within the future-conditions floodplain allowed under this Section shall also meet the following conditions: a. Compensation for storage capacity shall occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average groundwater table elevation and the future-conditions flood elevation for the futureconditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel; b. Cut areas shall be stabilized and graded to a slope of no less than two percent (2%); c. Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased; d. Verification of no-rise conditions (one-hundredth of one (0.01) foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of Section 15.4.6.D, Engineering Study Requirements for Floodplain Encroachments; e. Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from floodwaters; and f. Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision ("CLOMR") or conditional letter of map amendment ("CLOMA"), whichever is applicable. The CLOMR submittal shall be subject to approval by the CHAPTER 15: ENVIRONMENTAL PROTECTION Page 277 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy department designated by the City using the community consent forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six (6) months of the completion of construction, the applicant shall submit as-built surveys for a final letter of map revision ("LOMR"). D. Engineering Study Requirements for Floodplain Encroachments. An engineering study is required, as appropriate, to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and/or floodways. This study shall be prepared by a currently registered professional engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the department designated by the City prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include: 1. Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development; 2. Step-backwater analysis, using a FEMA-approved methodology and approved by the department designated by the City. Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future-conditions flood profiles; 3. Floodplain storage calculations based on cross-sections (at least one (1) every 100 hundred feet) showing existing and proposed floodplain conditions to show that base flood floodplain and futureconditions floodplain storage capacity would not be diminished by the development; and 4. The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments. E. Floodway Encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways 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 Prohibited. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. 2. Permitted Encroachments. Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted, 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 to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. a. A registered professional engineer must provide supporting technical data and certification thereof; and b. If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the department designated by the City until an affirmative conditional letter of map revision ("CLOMR") is issued by FEMA and no-rise certification is approved by the department designated by the CHAPTER 15: ENVIRONMENTAL PROTECTION Page 278 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy City. F. Maintenance Requirements. The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The department designated by the City may direct the property owner (at no cost to the City of Stockbridge) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the City. 15.4.7 Flood Damage Reduction A. General Standards. In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply: 1. New construction of principal buildings (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of Section 15.4.6, Development Standards have been met. 2. New construction or substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure. 3. New construction or substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage. 4. New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage. 5. Elevated Buildings. All new construction and 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 and 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. a. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: i. Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one (1) foot above grade; and iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions; b. So as not to violate the "lowest floor" criteria of this Section, the unfinished and flood- resistant enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and c. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 6. All heating and air conditioning equipment and components (including ductwork), all electrical, CHAPTER 15: ENVIRONMENTAL PROTECTION Page 279 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy ventilation, plumbing, and other service facilities shall be designed and/or located three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding. 7. 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. 8. All proposed development shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce exposure to flood hazards. 9. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 10. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 11. On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamination from them, during flooding. 12. Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this Section, shall be undertaken only if the nonconformity is not furthered, extended or replaced. 13. If the proposed development is located in multiple flood zones or multiple base flood elevation cross the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence. 14. When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this Section. 15. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding: a. All such proposals shall be consistent with the need to minimize flood damage within the flood-prone area; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and c. Adequate drainage shall be provided to reduce exposure to flood hazards. 15.4.8 Building Standards for Structures and Buildings within the Future-Conditions Floodplain A. Residential Buildings. 1. New Construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 280 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. 2. Substantial Improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. 1. New Construction. New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements of Section 15.4.6, Development Standards have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection Section 15.4.7.A, Flood Damage Reduction. c. New construction that has met all of the requirements of Section 15.4.6, Development Standards may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 City using the FEMA floodproofing certificate along with the design and operation/maintenance plan. 2. Substantial Improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH zones, may be authorized by the director and/or his designee to be elevated or floodproofed. a. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.7.A, Flood Damage Reduction. c. Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) CHAPTER 15: ENVIRONMENTAL PROTECTION Page 281 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 department designated by the City and/or its designee using the FEMA floodproofing certificate along with the design and operation/maintenance plan. C. Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of Section 15.4.6, Development Standards and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with Section 15.4.7.A, Flood Damage Reduction. and be anchored to prevent flotation, collapse or lateral movement of the structure. D. Recreational Vehicles. All recreational vehicles placed on sites must either: 1. Be on the site for fewer than 180 consecutive days and 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 2. The recreational vehicle must meet all the requirements for residential buildings-substantial improvements set forth in Section 15.4.8.A.2, including the anchoring and elevation requirements. E. Manufactured Homes. 1. New manufactured homes shall not be allowed to be placed within the limits of the future- conditions floodplain unless all of the requirements of Section 15.4.6, Development Standards have been met, all new construction and substantial improvements shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of Section 15.4.7.A, Flood Damage Reduction. 2. Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision are 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 one (1) foot above the future-conditions flood elevation, whichever is higher; 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 in accordance with the standards of Section 15.4.7.A.7. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 282 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 15.4.9 Building Standards for Structures and Buildings Authorized Adjacent to the Future-Conditions Floodplain. A. Residential Buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the base flood elevation or one (1) foot above the futureconditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one (1) foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. Non-residential buildings may be floodproofed in lieu of elevation. 15.4.10 Building Standards for Residential Single-Lot Development on Streams without Established Base Flood Elevations and/or Floodway (A zones) A. For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A zones), the official designated by the City and/or his designee shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a Federal, State, local or other source, in order to administer the provisions and standards of this Section. If data are not available from any of these sources, the following provisions shall apply: 1. No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater; and 2. In special flood hazard areas without base flood or future-conditions 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. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for flood prone enclosures in accordance with Section 15.4.7.A, Flood Damage Reduction. 15.4.11 Building Standards for Areas of Shallow Flooding (AO zones) A. Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. In these areas, the following provisions apply: 1. All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the flood depth number in feet 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 (3) feet above the highest adjacent grade. Flood openings sufficient to facilitate CHAPTER 15: ENVIRONMENTAL PROTECTION Page 283 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy automatic equalization of hydrostatic flood forces shall be provided for floodprone enclosures in accordance with Section 15.4.7.A, Flood Damage Reduction. 2. New construction and substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified FIRM flood level plus one (1) foot above the 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 licensed professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice, and shall provide such certification to the City using the FEMA floodproofing certificate along with the design and operation/maintenance plan; and 3. Drainage paths shall be provided to guide floodwater around and away from any proposed structure. 15.4.12 Standards for Subdivision of Land and Other Development A. All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data and future-conditions flood elevation data. B. All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future- conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required. C. All subdivision plans will provide the elevations of proposed structures in accordance with Section 15.4.4, Flood Management Plan Requirements. D. All subdivision proposals shall be consistent with the need to minimize flood damage. E. All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and discharges from the systems into floodwaters. F. All subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce potential exposure to flood hazards. 15.4.13 Standards for Utilities A. All new and replacement water supply and sanitary sewerage systems are designed to minimize or eliminate: 1. Infiltration of floodwaters into the systems; and 2. Discharges from the systems into floodwaters. B. On-site waste disposal systems are located outside the floodplain to avoid impairment to them, or contamination from them during flooding. 15.5 Wetland Protection. 15.5.1 General A. Purpose. The purpose of the regulations in this section is to promote wetland protection, while accounting CHAPTER 15: ENVIRONMENTAL PROTECTION Page 284 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy for varying ecological, economic development, recreational, and aesthetic values. The regulations set forth in this section are intended to limit activities that may damage wetlands, and to require that such activities be located on upland sites to the greatest degree practicable as described in the Comprehensive Plan. The regulations set forth in this section are further intended to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain protection, erosion control, groundwater recharge, aesthetic nature, and provision of wildlife habitat. B. Applicability. Regulations for the protection of wetlands, set forth in this section, apply to all lands within wetlands located within the jurisdiction of the City of Stockbridge. 15.5.2 National Wetland Inventory (NWI) Maps The National Wetland Inventory Maps, prepared by the United States Fish and Wildlife Service, show the general locations of wetlands and should be consulted by persons contemplating activities in or near wetland areas. These maps should be used as a guide only. Field verification is required to determine the existence or absence of any jurisdictional waters. 15.5.3 Determination of Wetlands Boundary A. Generally. 1. The NWI maps are general reference documents, and wetland boundaries indicated on the maps are approximations. The purpose of the NWI maps is to alert developers and landowners if the property proposed for development is within or adjacent to a wetland. 2. The NWI maps do not represent the boundaries of jurisdictional wetlands within the City of Stockbridge and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. B. Where it is determined that wetlands are located on property proposed for development, a determination of the location and extent of the wetlands must be made by the U.S. Army Corps of Engineers or a qualified consultant. A local permit for development within wetlands will not be issued until a determination has been made by the U.S. Army Corps of Engineers as to whether wetlands exist on the site. C. If there are jurisdictional wetlands on the site that will be disturbed by the proposed development, the applicant must first obtain a wetlands alteration section 404 permit from the U.S. Army Corps of Engineers. 15.5.4 Permissible Activities within Wetlands A. Lawful activities set forth in this section will be allowed as of right within a wetland. Constructing, grading, filling, draining, or dredging may be permissible only as provided. For waters under state or federal jurisdiction, additional prohibitions may apply. 1. Conservation or preservation of soil, water, vegetation, fish, and other wildlife, provided they do not affect waters of Georgia or of the United States in such a way that would require a permit as required by section 404 of the Clean Water Act. 2. Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing. 3. Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in section 404 of the Clean Water Act. 4. The cultivation of agricultural crops. Agricultural activities are subject to best management practices CHAPTER 15: ENVIRONMENTAL PROTECTION Page 285 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy approved by the Georgia Department of Agriculture. 5. The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed, and that approved agricultural best management practices are followed. 6. Education, scientific research, and nature trails. 15.5.5 Activities Requiring a Permit A. It shall be unlawful for any person to conduct any of the following activities in a wetland or associated buffe without first obtaining a permit. 1. Deposit fill material in a wetland or associated buffer. 2. Dredge or remove soil or minerals from a wetland or associated buffer. 3. Construct, build, develop, or erect any structure or development in a wetland or associated buffer. 4. Drain surface water from a wetland. 5. Cut or remove wetland or associated buffer vegetation. 15.5.6 Prohibited Activities within Wetlands A. Receiving areas for toxic or hazardous waste or other contaminants. B. Hazardous or sanitary waste landfills. C. Construction of buildings or other structures D. Other uses prohibited in the underlying zoning district. 15.5.7 Temporary Activities within Wetlands A. Maintenance or Repair. 1. Maintenance and repair is limited to lawfully located roads, structures, and facilities used in the service to the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication, or other services; 2. The roads, structures, or facilities are not materially changed or enlarged; 3. Written notice prior to the commencement of work has been given to Henry County; and 4. The work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment shall be minimized. B. Temporary water level stabilization measures associated with ongoing silvicultural operations. C. Limited ditching, tilling, dredging, excavating, or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration, or loss of wetlands not previously subject to agricultural and silvicultural use. D. Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boathouses, or other similar water-related structures, provided they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 286 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 15.5.8 Permit Requirements An application for a development project proposing to conduct activity within a wetland or associated buffer will be required to include the following items: A. A site plan drawn to scale. B. Soil drainage and stormwater management plans. C. The sites and specifications for all proposed drainage, filling, grading, dredging, vegetation removal, and other activities which may affect a wetland or associated buffer. Such specifications shall include the size of the total wetland area on the site, the size of the wetland proposed for impact or elimination, and cubic yards of fill. D. A description of any existing or proposed waste disposal and water supply including septic tanks and soil absorption fields. Such description shall include distances to wetlands, associated buffers and other water bodies. 15.5.9 Buffers Required A. Buffer Area. Wetland buffers are to be calculated by measuring horizontally outward from and perpendicular to the edge of the wetland, as defined herein. They must extend the entire length of the wetland delineation within the property. If a wetland falls into more than one of the categories below, the more restrictive buffer width shall control. B. Applicability. A minimum buffer of 25 feet shall be provided along the perimeter of all wetlands. C. Buffer Standards. 1. The buffer shall be a minimum of 25 feet in width. 2. All existing natural vegetation must be retained and maintained within the buffer. 3. The number and types of plants required within the buffer is as set forth in Table 13.6.5, Recommended Tree List. 15.5.10 Compensatory Mitigation A. When Required. Compensatory mitigation shall not be considered a substitute for making all practical attempts to avoid wetland impacts. Compensatory mitigation is required for all permitted impacts to wetlands. If impacts to wetlands will require compensatory mitigation pursuant to a Clean Water Act § 404 permit, the City may give credit for § 404 mitigation activities. B. Criteria for Approval. Compensatory mitigation plans shall be approved only if they meet the following criteria: 1. The mitigation plan shall provide for the in-kind replacement of the predominant functional values of the eliminated or impacted wetland. Mitigated wetlands shall be replaced at the following minimum ratios, in acres: 2:1 for restoration; 4:1 for creation; and 6:1 for enhancement. A larger replacement ratio may be required if the eliminated or impacted wetland is deemed to have exceptional value. 2. The mitigation plan shall provide for no net loss of wetland resources. 3. Mitigation may be achieved by purchasing credits at a mitigation bank in the primary or secondary service area of the permitted wetland impact, by purchasing credits from the Georgia In-Lieu Fee Program, or by performing on-site mitigation. All mitigation must be in-kind. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 287 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4. The mitigation plan shall comply with all applicable federal, state, and local laws and regulations. 5. Any mitigation activity shall be completed before initiation of permitted activities, including activities permitted by a permit, unless a phased concurrent schedule can be agreed upon between the Director and the applicant. 15.6 Watershed Protection. 15.6.1 General A. Purpose. The purpose of this section is to identify and protect water supply watersheds within the City of Stockbridge. This Section sets forth development standards intended to maintain the quality and quantity of the water supply within the City and adjacent jurisdictions. B. Applicability. The provisions of this Section apply to all lands located within Water Supply Watersheds, as identified by the Georgia Environmental Protection Division (EPD) and the Metropolitan North Georgia Water Planning District (MNGWPD), as amended. C. Relationship to Other Regulations. The standards of this Section are intended to supplement all other applicable provisions of this UDC. Where conflicts occur, the more restrictive standard shall apply. 15.6.2 Establishment of Watershed Protection Areas A. Watershed Protection Areas shall be identified on the City of Stockbridge Official Zoning Map. Such mapping may include areas associated with reservoirs, public water supply intakes, and tributary watersheds regulated by the Georgia Environmental Protection Division (EPD). B. Where the boundaries of a Watershed Protection Area are uncertain, the Director may require additional information prepared by a licensed professional, including topographic mapping, watershed delineations, or other documentation demonstrating the location of watershed boundaries. 15.6.3 Water Quality Critical Areas A. A water quality critical area shall be established within each watershed protection area and shall include the following: 1. All land adjacent to the normal pool elevation of a reservoir, extending landward to the watershed ridge line or 500 feet from the normal pool elevation, whichever distance is less. 2. All land adjacent to each perennial stream flowing into the reservoir, extending three (3) miles upstream from the reservoir's normal pool elevation and laterally to the watershed ridge line or 500 feet from each side of the stream, whichever distance is less. B. The normal pool elevation of all existing reservoirs shall be maintained on file with the Department. 15.6.4 Limited Development Area A. A limited development area shall be established for the remaining part of the watershed protection area that is located outside of the water quality critical area, and which extends to the ridge line of each watershed protection area. B. If a perennial stream abuts or crosses any property within the limited development area, the use regulations of Section 15.6.5, Uses in Watershed Protection Areas shall apply. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 288 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 15.6.5 Uses in Watershed Protection Areas A. Table 15.6.5, Uses in Watershed Protection Areas identifies permissible and prohibited uses within the water quality critical area and limited development area of any watershed protection area. Table 15.6.5 - Uses in Watershed Protection Areas Land Use Water Quality Critical Area Residential Permitted; Limited Development Area Permitted Multi-family dwellings shall be prohibited Commercial Prohibited Permitted Industrial Prohibited Permitted Institutional or Civic Prohibited Permitted Public Utility Prohibited Permitted Permitted; Confined animal feed operations Permitted; Agricultural and/or (CAFOs) shall be prohibited; Silviculture activity shall be Silviculture activity shall be prohibited within 25 feet of a Natural Resources prohibited within 25 feet of a water body water body B. Uses within watershed protection areas shall also comply with the following provisions: 1. Permitted uses established by Table 15.6.5, Uses in Watershed Protection Areas, shall be subject to the dimensional standards of Section 15.6.6, Dimensional Standards for Uses in Watershed Protection Areas. 2. Where applicable, septic tanks may be permitted subject to approval by the Henry County Health Department and applicable City departments. 3. Where applicable, roads, sidewalks, and multi-use or greenway trails may be permitted, subject to approval by the Director. 4. Where applicable, new facilities located within the watershed protection area that handle hazardous materials of a type and amounts requiring a permit from the Georgia DNR, or that require disposal by a hazardous materials handler permitted or licensed by the Georgia DNR at a hazardous materials facility, must perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collections systems must be shown on the development plan in detail, in compliance with this UDC. 15.6.6 Dimensional Standards for Specific Uses in Watershed Protection Areas Proposed development shall comply with both the standards for watershed protection areas in Table 15.6.6, Dimensional Standards within Watershed Protection Areas, and the standards of the underlying zoning district. Where standards conflict, the stricter standard shall apply. Setback (from water body) Min. Lots Size (septic) Min. Lot Size (sewer) Min.Lot Width Max. Impervious Coverage Table 15.6.6: Dimensional Standards within Watershed Protection Areas Water Quality Critical Area 200 ft. 2 acres 1.5 acres 150 ft. 20% Limited Development Area 150 ft. 1 acre 10,890 sq. ft. 100 ft. 25% Land Use Residential CHAPTER 15: ENVIRONMENTAL PROTECTION Page 289 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Limited Development Area (with perennial streams) Water Quality Critical Area Limited Development Area Industrial Limited Development Area (with perennial streams) Water Quality Critical Area Agricultural Limited Development Area and/or Limited Natural Development Area Resources (with perennial streams) Water Quality Critical Area Limited All other Development Area uses Limited Development Area (with perennial streams) 200 ft. 1.25 acres 1 acre 150 ft. 25% N/A N/A N/A N/A N/A 150 ft. 4 acres 2 acres 100 ft. 25% 200 ft. 5 acres 2 acres 150 ft. 25% 200 ft. 2 acres 1.5 acres N/A 20% 150 ft. 1 acre 0.5 acres N/A 25% 200 ft. 1 acre 0.5 acres N/A 25% N/A N/A N/A N/A N/A 150 ft. 1.5 acres 1 acre N/A 25% 200 ft. 2 acres 1.5 acres N/A 25% 15.6.7 Buffers in Watershed Protection Areas A. Buffers shall be required in watershed protection areas as follows: 1. Buffers within Water Quality Critical Areas. A natural or enhanced vegetative buffer shall be maintained for at least 150 feet from the normal pool level of a reservoir and at least 100 feet on both sides of any other surface water as measured from the banks. 2. Surface Water Buffers within Limited Development Areas. A natural or enhanced vegetative buffer shall be maintained for at least 100 feet on both sides of any surface water as measured from the banks. 15.6.8 Septic Tanks and Drain Fields within Watershed Protection Areas A. Septic tanks and septic tank drain fields shall be prohibited in the setback areas established in Table 15.6.6, Dimensional Standards within Watershed Protection Areas for buildings and impervious surfaces in watershed protection areas. B. Septic tanks and septic tank drain fields for residential development shall be setback at least 100 feet from any surface water. 15.6.9 Alternative Compliance for Impervious Surface Limitations A. The percentage of impervious surface is determined by the sum of all land areas to be covered by impervious structures during the development of the property including, but not limited to, roads, streets, driveways, houses, buildings, and parking areas, divided by the total site area. B. A development may participate in a regional wet detention pond program which has been established by one or more public or private entities subject to the following conditions: CHAPTER 15: ENVIRONMENTAL PROTECTION Page 290 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1. Runoff from the development drains into a regional stormwater management control facility approved by the City. 2. An agreement between the City and the landowner has been executed which guarantees participation in the regional stormwater arrangement of the property and the detention pond. 3. Construction of a regional detention pond meets or exceeds the design requirements of the stormwater management provisions set forth in Chapter 17, Stormwater Management. C. A development may provide an alternative method for stormwater control other than a wet detention pond provided it complies with the stormwater management requirements set forth in Chapter 17, Stormwater Management, and design criteria for pollutant removal equivalent to those associated with wet detention ponds included in the Georgia Stormwater Management Manual, as amended. 15.7 Groundwater Recharge Protection 15.7.1 General A. Purpose. The provisions of this Section are intended to protect groundwater as follows: 1. Restricting land uses that generate, use, or store dangerous pollutants in recharge areas; 2. Limiting density of development; and 3. Ensuring that any development that occurs within the recharge area will have no adverse effect on groundwater quality. B. Applicability. The provisions of this Section apply to all lands mapped as significant recharge areas by the Georgia Department of Natural Resources (DNR) in Hydrologic Atlas 18, 1989 edition, as amended, or as identified in the Comprehensive Plan. 15.7.2 Determination of Pollution Susceptibility Limitations on land use activities shall be based on the degree to which the aquifer is susceptible, or at risk, to pollution from spills, discharges, leaks, impoundments, application of chemicals, injections, and other human activities. The Georgia DNR has prepared maps of pollution susceptibility, which categorize land in areas of high, medium, and low potential for groundwater pollution. These maps will be the basis for determining the locations for limited land use activities, as set forth in Section 15.7.3, Limitations and Requirements for Specific Land Use Activities. 15.7.3 Limitations and Requirements for Specific Land Use Activities. In addition to any use standards of this UDC, the following development standards shall apply within groundwater recharge protection areas: A. New above ground chemical or petroleum storage tanks with a minimum volume of 660 gallons shall provide secondary containment for: 1. 110% of the volume or such tanks; or 2. 110% of the volume of the largest tanks in a cluster of tanks. B. New agricultural waste impoundment sites shall be lined with compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than 5 × 10-7cm/sec, or other criteria as established by the U.S. Soil Conservation Service, when located in the following areas: 1. A high pollution susceptibility area. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 291 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Medium pollution susceptibility areas and the site exceeds 15 acre-feet. 3. Low pollution susceptibility areas and the site exceeds 50 acre-feet. C. New wastewater treatment basins shall be designed with an impermeable liner approved by the Georgia Environmental Protection Division. D. Wastewater spray irrigation systems or land spreading applications shall comply with the Georgia Department of Natural Resources criteria for slow rate land treatment. Such uses shall also provide proof of receipt of a land application system permit from the Georgia Environmental Protection Division. E. New facilities for the handling of hazardous materials of types and amounts regulated by the Georgia Department of Natural Resources shall perform all operations in impermeable surfaces with spill and leak collections systems meeting the requirements of said agency. F. New single-family dwellings served by septic tank or drain field systems shall have a minimum lot size meeting the larger of: 1. The minimum lot size limitations shown on Table MT-1 of the Georgia Department of Public Health “Manual for On-Site Sewage Management Systems”; or 2. 150% of the lot size on Table MT-1, when located within a high pollution susceptibility area; or 3. 125% of the lot size on Table MT-1, when located within a medium pollution susceptibility area; or 4. 110% of the lot size on Table MT-1, when located within a low pollution susceptibility area. 15.8 Recycling of Water at Commercial Carwash Facilities 15.8.1 Purpose. The purpose of this section is to reduce water consumption from commercial car wash facilities by requiring all new conveyor car washes to install operational recycled water systems. 15.8.2 Applicability A. This section applies to all new conveyor car washes permitted and constructed after January 1, 2011, regardless of the water source. B. The provisions of this section do not apply to conveyor commercial car washes that were permitted or constructed before January 1, 2011. C. The provisions of this section do not apply to self-service car washes or in-bay car washes. D. Commercial Car Wash Water Recycling Requirement. All new commercial conveyor car washes, permitted and constructed after January 1, 2011 must install operational recycled water systems. A minimum of 50% of water utilized will be recycled. 15.8.3 Water Waste A. Prohibited. The following uses are a waste or unreasonable use or method of use of water and are prohibited: 1. Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person's property. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 292 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Operating an irrigation system or other lawn or landscaping watering device during rain. 3. Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads. 4. Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within 30 days. 5. Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited. B. Permitted. The restrictions in this policy or section do not apply to the following authorized uses: 1. Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities. 2. Water applied as a dust control measure, as required by erosion and sedimentation rules. 3. Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology. 4. Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available. 5. Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists. 6. Water used for power-washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions. 7. Mobile car washes when approval or a special use permit is obtained from the City. 8. Emptying of swimming pools for maintenance when proper local rules are followed. C. If it is found that there is a waste of water in or about any premises to which water is supplied from the City water system, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, the City may cause the water to be cut off from the premises upon reasonable notice to the occupant, unless special circumstances require that such waste shall be immediately stopped. Where the water supply is cut off as herein provided, the water shall not again be turned on until all water bills and the bill for the cost of cutting off and again turning on the water shall have been paid. 15.9 Outdoor Watering 15.9.1 Restriction on Outdoor Watering of Landscape A. Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water uses: A. Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of 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, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, CHAPTER 15: ENVIRONMENTAL PROTECTION Page 293 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3; B. Capture and reuse of cooling system condensate or storm water in compliance with any applicable City ordinances and State guidelines; C. Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations; D. Use of reclaimed wastewater by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water; E. Watering personal food gardens; F. Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of thirty (30) days immediately following the date of installation; G. Drip irrigation or irrigation using soaker hoses; H. Hand watering with a hose with automatic cutoff or handheld container; I. Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; J. Watering horticultural crops held for sale, resale, or installation; K. Watering athletic fields, golf courses, or public turf grass recreational areas; L. Installation, maintenance, or calibration of irrigation systems; or M. Hydroseeding. CHAPTER 15: ENVIRONMENTAL PROTECTION Page 294 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS 16.1 Multimodal Traffic Impact Studies (TIS) 16.1.1 Purpose and Intent A. Understanding the demands placed on the City's transportation network by development is an important dimension of assessing the overall impacts of development. All developments generate traffic, and it may generate enough traffic to create congestion and thus require the community to invest more capital funds into the transportation network in the form of new roads, traffic signals, and intersection improvements. Traffic congestion results in several problems, including economic costs due to delayed travel times, air pollution, and accidents. By requiring traffic impact studies for proposed developments meeting certain thresholds, the City will be better able to determine the transportation demands of development proposals and provide for reduction of adverse impacts on the transportation system. 16.1.2 Objectives. A. The City finds that requiring a traffic impact study for proposed developments that meet certain thresholds will help to achieve the following objectives: 1. To foster and support the coordinated and comprehensive transportation plan. 2. Provide transportation investments that reinforce the land use plans and development vision of the City; 3. Forecast additional traffic associated with new development based on accepted practices. 4. Determine the improvements that are necessary to accommodate new development. 5. Allow the City government to assess the impacts that a proposed development may have and assist the City government in making decisions regarding development proposals. 6. Help to ensure safe and reasonable traffic conditions on streets after the development is complete. 7. Reduce the negative impacts created by developments by helping to ensure that the transportation network can accommodate the development. 8. Protect the substantial public investment in the street system. 9. Provide information relevant to comprehensive planning, transportation planning, and future transit planning, and the provision of programs and facilities for traffic safety, road improvements, transportation demand management, pedestrian access, and other transportation system considerations. 16.1.2 In General A. A traffic study shall be prepared in accordance with industry accepted standards, including, at a minimum, level of service impacts for adjacent roadways and intersections and a mitigation package to address the cumulative effects from the project's impact. B. Said applicant shall be also required to coordinate and fund any recommended mitigation measures CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 295 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy limited to project related improvements with applicable Federal, State, and local agencies, including the Georgia Regional Transportation Authority (GRTA) and the Atlanta Regional Commission (ARC). C. A traffic impact study must evaluate the adequacy of the existing transportation system to serve the proposed development and determine the expected effects of the proposed development on the transportation system. The traffic impact study must provide adequate information for the Public Works Department to evaluate the development proposal and, when appropriate, recommend conditions of approval. D. The qualified professional preparing the traffic impact study is encouraged to coordinate preparation with the Public Works Department and staff from other jurisdictions, as appropriate, to ensure that all necessary components are included in the traffic impact study and to reduce revision and review time. 16.1.3 Applicability A. Thresholds of Applicability. A traffic impact study shall be required for all developments proposing to meet one or more of the following thresholds: 1. The development is expected to generate more than 100 new vehicle trips during an A.M. or P.M. peak hour; or 2. The development is expected to generate more than 750 new vehicle trips in an average day; or 3. The development involves the construction of 50,000 square feet or greater of nonresidential building space, in single or multiple phases; or 4. The development would contain multifamily dwellings; or 5. The development would contain more than 100 total dwelling units; or 6. The development is an industrial, logistics, warehouse, or freight related use expected to generate 30 or more truck trips per day; or 7. The development generates more than 40% of its total traffic in the form of truck traffic using passenger car equivalents (PCE). B. Determination of Applicability. At the time a development proposal is filed, or during any pre-application meeting for zoning proposal, exclusive of variances and modifications to a zoning condition, the director shall determine whether a traffic impact study shall be required according to this Section. Traffic impact studies shall be required for submittal during the land disturbance, clearing and grading, building permit, or development permit, and shall not be required during the zoning process. C. Exemptions. 1. A traffic impact study is not required if a development proposal is initiated by the City; 2. Any Development of Regional Impact (DRIs) that complies with the rules of the Georgia Department of Community Affairs (DCA), the Atlanta Regional Commission (ARC), and Georgia Regional Transportation Authority (GRTA) shall be exempt from this Section; or 3. A traffic impact study will not be required by the City for those developments with frontage and access along a State route. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 296 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 16.1.4 Analysis A. The source for trip generation rates for the purposes of this chapter shall be the most recent edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless otherwise approved by the director. Determinations of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the Public Works Department. B. Cases Where Data is Not Available. If information submitted by the applicant of the development proposal is sufficient to calculate the trip generation that would be expected to result from the proposed development, but trip generation rates or other data are not available or in sufficient quantity of studies to make a determination of applicability, then under the terms of this Section, the director shall determine: 1. Professionally acceptable trip generation rates applicable to the subject development exist from other reputable sources, such as the Journal of the Institute of Transportation Engineers; 2. Other trip generations studies of similar development are available; or 3. Professionally acceptable trip generation rates for one (1) or more similar land uses can be used in making the determination of applicability. 16.1.5 Study Scope Meeting. Once it is determined that a traffic impact study is required, a scope meeting must be held with the developer or their consultant and the appropriate representatives of the City. It will be the responsibility of the developer or their consultant to initiate this meeting. The purpose of this meeting is to discuss the availability of site-specific information concerning the development, available forecasts of traffic volumes, and to ensure the applicant understands the content requirements for traffic impact studies. 16.1.6 Required Contents A. The traffic impact study must include the following minimum components: 1. Title Page. A title page listing the name of the proposed development and its location. 2. Table of Contents. A table of contents outlining the study shall be provided. 3. Certification. The study shall be signed and stamped by a qualified professional. 4. Executive Summary. An executive summary discussing the development, the major findings of the analysis, and recommendations made by the qualified professional shall be provided. 5. Vicinity Map. A vicinity map showing the location of the proposed project in relation to the transportation system of the area. 6. Study Area Map. A map of the traffic impact study area. For the purposes of this chapter, the traffic impact study area shall be determined according to trip generation rates as shown in Table 16.1.6.A, Study Area Size Requirements. In the event there is a difference because of applying peak and total trips, the more restrictive requirement (larger study area) shall apply. Table 16.1.6.A– Study Area Size Requirements Peak Hour Daily Trips Distance from Perimeter of Trips Generated Proposed Development Generated Along Roads 100—150 750—1,500 ½ mile CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 297 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 151—500 501—1,000 1,001 or more 1,501—5,000 5,001—10,000 10,0001 or more 1 mile 2 miles 3 miles 7. Inventory of Transportation Facilities in the Study Area. A description of transportation facilities in the study area, including roadway names, locations, and functional classifications, intersection lane configurations, traffic control (including signal timing), existing rights-of-way, transit routes and stops (if any), pedestrian and bicycle facilities, and planned transportation system improvements. An existing lane configuration sketch shall be submitted for all roadways intersections within the study area. 8. Trip Generation Data. a. Discounting of "Pass-By" Trips. The peak-hour trip generation study may subtract from the empirical data on actual vehicle trips if those trips are reasonably considered to be "pass-by" trips as defined by this chapter, using professionally accepted assumptions about the percent of "pass-by" trips approved by the Director. b. Reduction for Internal Trips in Multiuse or Mixed-Use Development. In calculating the new trips generated from a proposed development containing multiple uses or mixed-use a qualified professional with the approval of the director my apply a percentage reduction to the total vehicle trips shown in any peak hour trip generation study to account for internal trips, as defined in this Section, so as to account for (discount) the number of internal trips reasonably expected to occur in such multiuse or mixed-use development. Said reduction shall not exceed 24% of total trips generated. c. Phased Development. If phased development is proposed, the study shall include projections for the year that each phase of the development is planned to be complete. d. Pending/Approved Developments. The traffic impact study shall also include trip generation data for any pending and approved developments that would affect the study area. The Public Works Department shall facilitate the review of applicable files by a qualified professional to determine the names and development characteristics of pending and approved developments in the study area. e. Truck Trips. Truck trips shall be calculated and shown separately. Peak hour distribution of inbound and outbound trucks shall be identified separate from passenger cars. For light industrial, industrial parks and warehouse uses, trip rates contained in the latest edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless otherwise approved by the director, shall be used. All truck trips shall be converted into passenger car equivalents (PCE) for intersection capacity analysis. 9. Site Plan and Development Data. A complete description of the proposed development, including a site plan with the best available information as to the nature and size of each proposed used and the proposed location and traffic control of all proposed access points, including the distance from all proposed access points to adjacent access and/or streets, including those across a street right-ofway from the subject development. 10. Existing Traffic Volumes. Peak and total daily traffic volumes on all arterial, collector, and local streets within the study area. Traffic counts should be no more than one (1) year old when the report is prepared. Traffic counts between one (1) and three (3) years old may be used if factored to CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 298 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy the current year. Traffic counts older than three (3) years will not be accepted. 11. Facility Performance. Existing performance of the transportation system, including levels of service (LOS) and volume/capacity ratios (V/C) for all intersections and road segments, as appropriate, within the study area. Identification of any project related improvements necessary to mitigate the impact on the level of service (LOS) for the abutting roadways and unsignalized/signalized intersection resultant from the trips generated by the proposal. 12. Trip Distribution and Assignment. Trip distribution for the proposed development. For developments expected to generate more than 30 truck trips per day, the study shall include separate trip distribution figures for trucks. 13. Forecast Performance Without the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ratios of the transportation system without the development in the year that each phase is planned to be complete and in the horizon year. 14. Forecast Traffic Volumes with the Development. Forecast traffic volumes with the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence and in the horizon year. 15. Forecast Performance with the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ratios of the transportation system with the development in the year that each phase is planned to be complete and in the horizon year. 16. Sight Distance. A safety analysis of the site accesses and an assessment whether adequate sight distances are provided at driveways and streets abutting the development. 17. Operational Characteristics. Analysis of prevailing operating speeds, if significantly different than speed limits, right and left turn lane warrants, queue lengths, acceleration and deceleration lanes, including lengths and tapers, throat lengths, channelization, and other characteristics of the site accesses, which exist and may be needed, as appropriate. The traffic impact study shall address whether driveways and intersections are located and spaced safely and designed to accommodate expected traffic volumes and maneuvers. The operational characteristics analysis shall also evaluate the turning and traveling characteristics of the vehicles that will be using the proposed development and the adequacy of the geometrics of the existing and proposed roadway (public and/or private) configurations to accommodate these characteristics. 18. Crash Analysis. Analysis of crash data in accordance with the Highway Design Manual and an identification and description of specific mitigation measures. 19. Multimodal Analysis. Analysis of multimodal site access, safety analysis, and pedestrian considerations and an identification and description of specific mitigation measures. a. On-Site Circulation. The traffic impact study shall address whether on-site vehicular and pedestrian circulation and parking layouts are safe and efficient. b. Significant Impacts. Analysis as appropriate of any potential adverse or controversial effects of the proposed development on the transportation system in the area. Examples of possible effects include, but are not limited to, infiltration of non-residential traffic into residential neighborhoods, traffic noise, creation of potential for traffic violations, conflicting turning movements with other driveways, any new pedestrian or bicycle transportation needs arising from the development, etc. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 299 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy c. Mitigation Measures and Costs. i. Listing of all intersections and road segments that are forecasted to be level of service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to be complete, and an identification and description of specific mitigation measures, including signal, turn lane, or other warrant analyses as appropriate and necessary to bring these intersections and road segments into compliance with a level of service "C" or other City adopted level of service for said road segment or intersection. ii. If roadway improvements are needed, the study shall show a drawing for all recommended lane configurations. iii. If signalization is warranted by the traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant analysis shall also be conducted as a part of the traffic impact study. If a traffic signal is warranted, the warrant package in the study shall show a drawing detailing the signal design and phasing plans. iv. The estimated cost associated with implementing all such mitigation measures shall be provided in the traffic impact study. v. The traffic impact study may consider any City/County/State-approved roadway, traffic signalization and other improvements in determining mitigation measures and providing recommendations. d. Alternative Transportation. Alternative transportation (sidewalk, bicycle, transit) needed because of the study, shall be identified. Should the proposed development require multimodal improvements, mitigations factors must be included and will be included as a condition of Final Plat or Certificate of Occupancy approval. e. References. A listing of all technical documents and resources cited or consulted in preparing the traffic impact study. f. Technical Appendix. Relevant technical information, including, but not limited to, copies of raw traffic count data used in the analysis, calculation sheets and/or computer software output for all LOS and V/C calculations in the analysis, warrant worksheets for signals, turn lanes, and signal phasing, etc. used in the analysis. 16.1.7 Additional Technical Specifications. The City is further authorized to promulgate and require the use of additional technical specifications for conducting traffic impact studies, which shall be consistent with analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control Devices, and/or Traffic Access and Impact Studies for Site Development: A Recommended Practice (Washington, DC: Institute of Transportation Engineers, 1991), as may be amended or republished from time-to-time. 16.1.8 Cost and Fees The City assumes no liability for any costs or time delays (either direct or consequential) associated with the preparation and review of traffic impact studies. There shall be no application review fee for a traffic impact study. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 300 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 16.1.9 Submittal and Review A. Submittal. The applicant for the proposed development or the qualified professional shall submit a copy of the traffic impact study and technical appendix to the Public Works Department. B. Review. Within ten (10) working days of receipt of a traffic impact study, the Public Works Department shall review all calculations and analyses and determine if they are complete, reasonable, understandable, consistent, and fully explained. The Public Works Department shall return the traffic impact study to the development applicant for correction. C. Recommendations for Mitigation of Impacts. Within 15 working days of receipt of a completed traffic impact study, the Public Works Department must complete the review of the study and submit to the Community Development Director, or their designee, all recommendations for mitigation measures as stated in the traffic impact study and include any interpretations or recommended conditions of approving the development proposal that will mitigate traffic impacts of the proposed development. D. Determination of Project and System Improvements. 1. The Public Works Department will determine which mitigation measures constitute “project” improvements and which mitigation measures constitute “system” improvements within the context of the Georgia Development Impact Fee Act of 1990. 2. If a particular improvement is called for in the traffic impact study or recommended by the Public Works Departments, and the Department is unable to uniquely attribute the recommendation as a project or system improvement or finds that such improvement has characteristic of both a project improvement and a system improvement, the Public Works Departments, with the assistance of the Community Development Director, will determine the proportion of the cost of such improvement(s) that can reasonably be attributed to the development as a project improvement, and the portion of such improvement that can reasonably be considered a system improvement. E. Conditions of Development Approval. Upon the determination of project improvements needed to mitigate the traffic impacts of the development proposal as provided in this UDC, the Public Works Department may recommend the project improvements be completed by the developer as conditions of approval of the development proposal. F. System Improvements. The Public Works Department shall include system improvement recommendations in the conditions for approval of the development plan. 16.2 Minimum Design Standards 16.2.1 In General A. The location, arrangement, extent, width, and grade of all streets shall conform to the Comprehensive Plan and the Comprehensive Transportation Plan and shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the streets. The layout of a subdivision shall conform to the requirements and design principles described in this UDC. B. The location of all streets and roads shall conform to the Comprehensive Plan and the Comprehensive Transportation Plan. Provision shall be made in developments for the construction of streets at locations shown in the Comprehensive Plan and Comprehensive Transportation Plan. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 301 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy C. Whenever a tract to be subdivided includes any part of a major arterial, minor arterial, major collector, or minor collector street designated on the Comprehensive Plan or Comprehensive Transportation Plan such part of said street shall be installed by the applicant in the location and at the full width indicated by the functional classification for right-of-way and pavement widths indicated in this UDC. 16.2.2 New Subdivisions In order that the various purposes of this Chapter may be accomplished, all subdivisions hereafter established shall be developed and improved in accordance with the minimum design standards set forth in this Chapter. Final Plat approval shall not be given to any subdivision until all appropriate design standards have been met and until all appropriate required improvements have either been installed or an appropriate bond or certified check has been posted to secure the installation of such improvements. No subdivision shall be accepted for review under these regulations which do not conform with this UDC. 16.2.3 Recorded but Unopened Parcels recorded prior to the effective date of these regulations which abut an unopened street shall not be developed until such street or portion thereof has been opened and constructed according to this UDC. 16.2.4 Re-Subdivision of Lots within a Recorded Single-Family Subdivision A. Lots within a recorded subdivision for single-family detached units designed to be developed as a unified whole shall not be further subdivided if such re-subdivision results in any of the following: 1. The re-subdivision creates lots of such size or shape which would alter or change the character of the recorded single-family subdivision; and/or 2. The re-subdivision adversely impacts the visual quality or consistency of the established development pattern. 16.2.5 Water Main Design and Construction Standards All developments shall comply with the minimum standards as regulated by the Public Works Department, as applicable and amended. 16.3 Streets 16.3.1 General A. No person shall do any paving work, or any other related or similar roadwork, on, or adjacent to, a City street without a permit. B. All transportation system design, street design, and construction for non-local roadways shall comply with Georgia Department of Transportation (GDOT) requirements. The latest edition of the GDOT manual, "Standard Specifications, Construction of Roads and Bridges," shall apply. C. Where conflict arises between GDOT standards and this Section concerning non-local roadways, the stricter standard shall apply. Design of local roadways shall be governed by the policies as stated within the UDC; however, construction methods/practices of said roadways shall be governed by the stricter of the GDOT standards and the UDC. D. All materials, equipment, labor, and other matters related to street construction shall be provided by the CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 302 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy applicant. The following is a summary of the improvements required: 1. All streets, roads, and alleys shall be graded to their full width right-of-way by the applicant so that the pavements and sidewalks, when installed in the future, can be constructed on the same level plane. The preparation of the right-of-way before grading is started and the construction of cuts and fills shall be accomplished according to the specifications of the City. 2. An as-built subgrade centerline profile shall be submitted to the City. The profile shall include both proposed and as-built centerline elevations at every even station. No curb and gutter or waterlines shall be installed prior to subgrade approval. 3. An adequate drainage system, including necessary curb, pipes, culverts, headwalls, intersectional drains, drop inlets, bridges, swale ditches, and detention areas, shall be provided for the proper drainage of all surface water. The drainage system shall be designed by a registered professional engineer, licensed in the State of Georgia. E. After preparation of the subgrade, the roadbed shall have base material and paving applied according to City specifications. F. Design speeds, typical Sections of roadway, maximum superelevation rates, and other roadway design items are to be set by City of Stockbridge on an individual basis. G. Alleys may be provided at the rear of lots. H. Roadways may be created or established by: 1. Dedication; 2. Prescription; 3. Express grant of an easement; 4. Deed; 5. Special statutory proceeding; or 6. Condemnation. 16.3.2 Private Streets and Drives A. Private Drives. 1. Definition. Private drives are defined as sub-standard private accessways providing access to more than one parcel where one or more of those parcels lacks direct frontage on a public or private street. Private drives are located within the boundaries of the parcels they serve and are not subdivided or dedicated as right-of-way. Private Drives are subject to the following classifications and regulations outlined herein. 2. Standards for Private Drives. All private drives shall meet the following standards: a. Shall be located within a recorded private access easement and shall comply with applicable property owners’ association and maintenance requirements. b. No new platted lots of record may be created or subdivided using an existing or future private drive for access. c. Private drives are only permitted to serve existing platted lots of record or lots deeded prior to the original adoption of zoning regulations in Madison County. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 303 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy d. Private drives shall serve no more than one (1) lot. e. Where a deficient private drive exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with Section 16.3.4, Requirements for New and Redevelopment Streets. B. Private Streets. 1. Definition. Private streets are defined as privately owned and maintained accessways which serve as the primary means of vehicular access for multiple lots or units within a development. Unlike private drives, private streets are constructed within a platted and recorded access easement or parcel but are not dedicated to or maintained by a public agency. Private streets are intended to function similarly to public streets in terms of connectivity, design, and emergency access, and are subject to the design, construction, and maintenance requirements outlined herein. 2. Standards for Private Streets. All private streets shall meet the following standards: a. Shall provide a private access easement and comply with property owners’ association requirements and maintenance requirements. b. Shall meet construction standards for public streets provided herein. c. Shall require approval from the Mayor and City Council. d. Where a deficient private street exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with the Section 16.3.4, Requirements for New and Redeveloped Streets. e. Upon compliance with all of the provisions of the UDC, building permits may be issued for building on private street upon the applicant signing a "statement of understanding" that said roadway is a private street and that the City assumes no responsibility for the maintenance of said road until such time as it becomes feasible and advisable to accept said roadway as a "City Street." At such times, the City shall accept said road as a City street provided that the property owners along said road convey the minimum width required by the City. C. General Standards for Private Streets and Drives. 1. Private Access Easements. All private streets or drives shall be located within a recorded private access easement that meets the following standards: a. Shall cover the length of private streets or drives that connect directly to federal, state, or locally maintained road or private street. b. Shall have a minimum width of 30 feet. 2. Property Owners Association Requirements. Any private drive serving multiple properties shall be maintained by a mandatory property owners association, which shall include: a. Mandatory membership for all property owners of lots served by the private drive or street. b. Responsibility for road maintenance, insurance, and tax obligations. c. Equitable cost-sharing provisions for all lot owners. d. Authority to place liens on the real property of members who fail to pay dues or CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 304 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy assessments. 3. Maintenance. a. The City shall not maintain, repair, resurface, rebuild, or otherwise improve streets, signs, drainage improvements, or any other appurtenances within general purpose public access and utility easements established for private streets or drives. b. Permanent repairs to the streets or drives shall be made by the homeowners’ associations or other entity having maintenance responsibility for the development. Driveways and sidewalks will be repaved, sodded or landscape areas will be graded, smoothed, reseeded or resodded, where appropriate. c. A private maintenance covenant recorded with the Clerk of the Superior Court shall be required for any private street or drive and other improvements within general purpose public access and utility easements established for private streets or drives. The covenant shall address: 4. i. Allocation of expenses; ii. Remedies for noncompliance; iii. Use and access rights; and iv. Other terms as necessary to ensure long-term maintenance. Final Plat Requirements. a. Recordation of a Final Plat is required to establish all private streets or drives. Additional plat process may be required, based on the applicability found in Chapter 14, Subdivisions. b. No final plat involving a private street or drive shall be approved for recording unless it contains the following: i. Deed book and page reference to the recorded maintenance covenant and access easement(s). ii. Maintenance Statement: "The City of Stockbridge has no responsibility to build, improve, maintain, or otherwise service the private streets/drives, drainage improvements, and other appurtenances contained within the general public purpose access and utility easement or easements for private streets shown on this plat." iii. Grant of Easement: "The general purpose public access and utility easement(s) shown on this plat for private street/drive(s) are hereby granted. This grant shall be construed to authorize access for the City and utility providers for the installation and maintenance of infrastructure, including electric, gas, water, sewer, telecommunications, and fiber optics, with rights of ingress, egress, and vegetation maintenance as necessary." iv. Compliance with all bonds and phasing of improvements shall be required for private streets as if it was to be publicly dedicated, unless a specific provision is determined not to be applicable by the Community Development Director. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 305 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 16.3.3 Street Construction Methods A. Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for the work covered in reference to street construction shall conform to the latest specifications of the Georgia Department of Transportation. B. Grading, Clearing, and Grubbing. 1. The contractor may begin clearing and grubbing the project after: a. A development permit has been issued by the city; b. A pre-construction conference has been held; and c. All required silt and erosion control measures have been installed and approved. 2. All trees, stumps, logs, roots, grass, weeds, poles, and other objectionable matter shall be cleared and grubbed from within the construction limits of the project. 3. No rubbish or other material resulting from the clearing and grubbing of the roadway shall be buried at the site. 4. If burning is permitted, all burn pits shall be located outside of the roadway construction limits. After burning, the pit shall be cleared out. A city inspection is required prior to backfilling and must be shown on the final plat. C. Excavation. 1. Any stones, broken rock, or boulders resulting from the grading of the roadway may not be placed in any roadway fill area except when approved by the Public Works Department. 2. During the construction of the roadway on a day-to-day basis, the roadbed edges shall be kept lower than the center and the grading shall be done so that the surfaces of the excavated areas and fill shall be kept reasonably smooth and well drained. Adequate surface ditches shall be cut at the tops of cut slopes, extending to each end of the cuts in order to carry the water from the side hill. Side ditches or gutters emptying from cuts to fill areas shall be turned outward so as to prevent erosion of the fill slopes. D. Subgrade Preparation for all Streets. Subgrade preparation shall be in accordance with Georgia Department of Transportation specifications. E. Removal of Unsuitable Material. If any sections of the subgrade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized. F. Compaction. Fill shall be placed in uniform, horizontal layers not more than six (6) inches thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% of maximum dry density except for the top 12 inches which shall be compacted to 98% of maximum dry density. G. Brought to Line and Grade. After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades, and typical roadway section shown on the plans. H. Roadway. 1. The entire roadbed shall be scarified and compacted with a sheep's foot or other approved rollers. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 306 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. After all excavation has been completed and all fills have been placed, the entire road bed surface shall be finally shaped with a grading machine supplemented with hand work whenever required to secure a smooth surface and uniform cross-section. 3. Slopes of cuts and fills shall also be carefully shaped to the true section specified. 4. When final shaping is finished, the road surface shall conform accurately to the line, grade, and cross-section shown of plans, and no roots, sod, grass, stones, or other unsuitable material shall remain in the top 12 inches of the finished roadbed. 5. All ditches and drains shall be opened to effectively drain the roadway. I. Utility Trenches to be Compacted. All utility crossings within the right-of-way must be installed prior to subgrade approval. All manhole covers must be flush with top of intermediate course if there is a delay in applying the final surface course for new roadway pavement. Manhole covers will be required to be adjusted flush when final surface course is installed. Utility trenches cut in the subgrade shall be backfilled as specified herein. Compaction tests at the rate of 1 per 150 feet of trench shall be provided to verify compaction. J. Curb and Gutter. 1. After sanitary sewer lines have been installed, all storm drainage in place, and the final finishing of the roadway has been approved by the director or designee, and the centerline profile has been approved, the installation of the concrete curb and gutter may begin. 2. Any curb and gutter which does not conform to a true section, texture, line, and grade shall be removed and replaced as approved by the Public Works Department. 3. Water lines shall be installed after installation of the curb and gutter. K. Roll Testing Required. The subgrade must pass roll testing prior to placement of the base material. The roll test of the subgrade and base material shall be observed and approved by the Public Works Department prior to paving. L. Temporary Traffic Surface. When the street is to be used for construction traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving. M. Provisions to drain low points. Provisions shall be made to drain low points in the road construction when the final paving is delayed. A break in the berm section is required when the curbing has not been constructed. Drainage under the curb to side slopes after installation is required, using minimum four-inch diameter pipe sections. Vegetated or stabilized swales should be considered for managing road construction runoff. 16.3.4 Requirements for New and Redeveloped Streets A. General Standards. 1. All improvements shall be constructed and dedicated by the developer. 2. Proposed street layouts shall interconnect within a development and with adjoining development as often as possible. 3. Half streets shall be prohibited except where essential to the reasonable development of the subdivision and approved by the Public Works Department. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 307 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 4. Any subdivision or development with access onto a highway, arterial, or collector street shall provide lanes for deceleration, ingress, and egress, as approved by GDOT on state roads and approved by the city on non-state roads. 5. Any subdivision or development which access onto an arterial or collector road shall be required to design and construct a left turn lane, if GDOT criteria are met. The developer will be responsible for the acquisition of right-of-way and relocation of utilities. 6. Minimum radius for cul-de-sacs shall be 40 feet from the back of curb, except for commercial or industrial areas, where the minimum radius shall be 55 feet from the back of curb. 7. Table 16.3.4, Street Specifications for Non-State Maintained Roads is provided for non-state maintained roads within the limits of the City. Table 16.3.4 – Street Specifications for Non-State Maintained Roads Street Type Minimum Right-ofWay/Easement width Minimum Pavement widths1 with curb and gutter Minimum Pavement widths1 without curb and gutter Major Arterial 100 feet 52-53 feet 48 feet Minor Arterial 80 feet 28-29 feet 24 feet Collector 80 feet 28-29 feet 24 feet Local (Residential) 50 feet 28 feet Prohibited Local (Nonresidential) 60 feet 28 feet (commercial) Prohibited Cul-de-Sac (Residential) 80 feet 80 feet Prohibited Cul-de-Sace (Nonresidential) 110 feet 110 feet Prohibited Alley N/A 20 feet 20 feet 30 feet (industrial) 1 = The City may require additional right-of-way and pavement width in specific situations. Roadways with medians and/or additional language will require extra right-of-way and pavement widths. B. No Parking. No parking areas shall be established for the use of fire equipment and emergency vehicles to ensure access to the premises in cases of emergency, as approved by the Fire Marshal. Said areas shall be marked "Fire Lane-No Parking." 16.3.5 Street Construction Standards A. Minimum Standards. 1. Road design and construction must comply with the minimum standards as shown in Table 16.3.5, Roadway Construction Standards. Table 16.3.5 – Roadway Construction Standards Street Type Surface Topping Plant Mix Local (up to 40 residential lots) 2 inches of 12.5mm superpave1 Tack Coat CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Asphalt Binder Course Prime Application Base Construction 0.20-0.25 GAL/square yard Page 308 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 1.25 inches of 9.5mm superpave1 Local (41 to 100 residential lots) Local (over 101 residential lots) 0.04-0.06 GAL/square yard 2 inches of 19mm superpave1 6 inches GAB 1.5 inches of 12.5mm superpave1 Local (Commercial) 3 inches of 19mm superpave1 Local (Industrial) 4 inches of 25mm superpave1 Collector Arterial 8 inches GAB 10 inches GAB 1 = Superpave mix with hydrated lime (Level 1) B. 2:1 maximum slope allowed (2:1 or flatter) for fill areas and back slopes. C. Subgrade. 1. Before placing any pavement base, the entire surface of the subgrade shall be plowed, harrowed, and mixed to a depth of at least six (6) inches. If a subgrade stabilization material is required, then it shall be incorporated into the subgrade at this time. 2. After the material has been thoroughly mixed, the subgrade shall be brought into a proper line and grade and compacted to one hundred percent (100%) of maximum dry density just prior to placing the base material. 3. The centerline profile shall conform to the established elevations with an acceptable tolerance of one-half (0.5) inch. 4. The acceptance crown tolerance shall be one-half (½) inch. D. Roadway Graded Aggregate Base Requirements. 1. The Department shall be notified 24 hours prior to the placing of any base material. 2. The Department may authorize the placing of the base material after all equipment necessary for the proper construction of road base is on the project and the subgrade has been brought to the proper line, grade, and crown and compacted to the required density. 3. The Department shall check the completed base course after the base material has been placed and compacted to the required density. All areas found to be deficient shall be marked and corrected before any asphalt pavement is placed. Areas where the crown is found to exceed that which is specified or the exposed edge of the concrete gutter is less than the minimum depth required, shall be reshaped and rolled to obtain the required cross-section. 4. After the compacted material has been approved, field tests shall be taken by the field contractor and by a professional engineer to determine the thickness of the constructed base course. a. Tests shall be taken 400 feet intervals alternating between each lane and center of roadway. b. Measurements shall be taken per GDOT standards, c. Areas found to be deficient in thickness shall be corrected as directed by the Department. No CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 309 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy asphalt course shall be placed until deficiencies in base have been adequately addressed. 5. A copy of all delivery tickets for the graded aggregate base material shall be furnished prior to placing any asphaltic concrete paving material. A shortage in the base material used shall require that the asphaltic concrete surface course thickness be increased. 6. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Public Works Department. E. Paving. 1. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Department. 2. All asphaltic concrete material and construction shall be in accordance with GDOT standards for "hot mix asphaltic concrete construction". 3. The Department shall check the cross-section of the finished pavement. Any area found to be deficient shall be marked and a record of deficiencies made by the director or designee. 4. If, in the opinion of the Department, the extent of deficiencies will impair the performance of the pavement, the Department shall direct that an overlay of a minimum thickness of one (1) inch be placed before the roadway is opened to traffic. 5. A copy of the delivery tickets for the asphaltic concrete material used shall be furnished to the Department at the time of completion of the work. If the delivery tickets indicate a shortage in the material used from the quantity estimated, then the Department may require a minimum one (1) inch overlay of the streets. 6. The base thickness is to be measured and accepted by the City prior to placement of any asphalt course. The applicant shall have core tests made to verify the thickness and compaction of the twoinch asphalt pavement course. a. The minimum core diameter shall be such that compaction of the sample can be determined in the lab and subsequent data supplied to the Department. b. The compaction of the course shall be required to meet Georgia Department of Transportation (GDOT) specifications per the asphalt mix placed. c. If a two (2) course asphalt section is required, the cores for the binder layer shall be cut, reviewed, and approved by the Department prior to placement of the topping lift. Also, in the event that a two (2) course asphalt section is required, the cores for the topping lift, if between one and one-half (1.5) inch and one and one-quarter (1.25) inch in thickness, shall be made to determine the thickness only. d. All cores shall be made on 400 foot intervals, alternating between each lane and center of roadway. If these cores indicate a deficiency in thickness or compaction of the asphalt pavement, an overlay shall be required when the following deficiencies occur: i. When the number of cores deficient in thickness within the allowable one-quarter (0.25) inch tolerance, or deficient in compaction exceeds 35% of the total cores taken on one (1) street; or ii. When two (2) or more consecutive tests show a deficiency of more than one-quarter (0.25) inch allowable tolerance or a deficiency in compaction. When a core shows a CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 310 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy deficiency in excess of the allowable tolerance or compaction, additional cores shall be taken to delineate the area of the deficient thickness/compaction. 7. The applicant shall correct any deficiency with an overlay extending a minimum of 150 feet beyond the outer limits of the deficient area for the full width of the street. Smooth, neat joints shall be saw cut normal to the roadway for full depth of asphalt pavement, removing the original pavement for a minimum of ten (10) feet at each end of the overlay. The thickness of the overlay shall be determined by the depth of the deficient area and shall not be less than one and one-quarter (1.25) inch in compacted thickness. The type of material used in the overlay shall be specified by the Department. F. Shoulder and Drainage Improvements. After the paving has been inspected and approved, the pavement edges or behind the curb and gutter shall be backfilled and compacted and the ditches and back slopes properly graded, shaped, seeded, and mulched. An 80% stand of grass shall be obtained. All swales and ditches excavated below required depth shall be backfilled and compacted to 95% of maximum dry density. G. Horizontal Alignments. 1. The radius of horizontal curves on local residential streets within a subdivision shall be no less than 200 hundred feet. 2. The radius of horizontal curves on non-residential streets shall be no less than 300 hundred feet. 3. The horizontal radius for collector and arterial streets or any streets with a design speed of more than 25 miles per hour shall comply with the latest version of the American Association of State Highway and Transportation Officials (AASHTO) standards. 4. The minimum tangent lengths on non-residential streets is 100 feet. 5. The minimum tangent lengths on roadways with superelevation are governed by the minimum runoff and runout lengths necessary to adequately transition the superelevation rates required for the curvature based on the design speed and maximum allowable superelevation rate of the roadway. 16.3.6 Street Grades and Design Speeds A. Local and Collector Streets. Maximum grade for all local and collector streets shall be 12%. B. Arterial Streets. Maximum grade for all arterials shall be five percent (5%). C. All changes in grade must be connected by vertical curves which adhere to the design criteria as set forth by the current edition of the American Association of State Highway and Transportation Officials (AASHTO) Guide. 16.3.7 Curbs and Gutters A. Curb and Gutter Required. All new streets shall be provided with curb and gutter. All gutters shall drain smoothly with no areas of ponding. B. Gutter. Gutters shall be a minimum of 18”. C. Curbing. Curbing shall meet the following requirements: 1. Profile. All curbs shall be L-back curbs. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 311 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Curb Section. a. Residential Streets. Typical minimum section shall be 28” x 6” b. Major Thoroughfares. Typical minimum section shall be 30” x 6” for travel lanes along roadways with a posted speed limit of 40 miles per hour or 45 miles per hour. 3. Material. All curbs shall be constructed of Portland cement concrete. 4. Curbs shall be designed to provide handicapped access at street intersections, wherever sidewalks are constructed. D. Construction Methods. Curb and gutter shall be set true to line and grade, horizontal be field staked, and finished to the section shown on the plans. The grade of the new gutter shall be placed one inch (1") above the pavement grade in areas where drainage will not be adversely affected. 1. Line and grade shall be field staked for grades less than two percent (2%) and grades over 12%, and within 100 feet in both directions from all low points. 2. One-half inch (0.5") expansion joints or pre-molded bituminous expansion joint material shall be provided at all structures and radius points, and at intervals not to exceed 250 feet in the remainder of the curb and gutter. 3. Inferior workmanship or unprofessional construction methods resulting in unacceptable curb and gutter will be cause for rejection of the finished work. 4. Disturbed areas along all curbing shall be backfilled, stabilized, and grassed. 16.3.7 Street Intersections A. Angle of Intersection. 1. Intersections shall be generally be at right angles. 2. Shall not be at an angle of less than 80 degrees or more than 100 degrees on residential streets, unless approved by the City. 3. Shall not be at an angle of less than 90 degrees or more than 100 degrees for nonresidential streets, unless approved by the City. B. Curb Radius. 1. The minimum curb radius at street intersections shall not be less than 25 feet in residential subdivisions. 2. The minimum curb radius of street intersections for nonresidential streets shall be 50 feet. 3. For streets/roadways to have a dual lane exit, the exit curb radius shall not be less than 75 feet. 4. Where a City collector or an arterial roadway intersects with another City collector or arterial roadway the minimum radii at the intersection shall be 50 feet. C. Street Intersection Standards. 1. Pedestrian ramps shall be designed for all intersections in accordance with standard drawings for subdivisions and residential developments designed to include sidewalks and shall meet the minimum standards in the Georgia Accessibility Code. The curb shall be depressed to accommodate future installations at the same time as the curb. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 312 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 2. Interior subdivision street intersections shall have a minimum centerline offset of at least 125 feet when not aligned directly across from one another. D. Visibility at Intersections. 1. Corner Lots. On corner lots within all zoning districts, no fence, shrubbery, or other obstruction shall be placed within the sight line triangles that blocks or disrupts the line of sight based on a driver eye height of three and one-half (3.5) feet located 14 feet from edge of travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective lane. However, street signs, streetlights, mailboxes, or similar shall be permitted within the sight line triangles. 2. Intersection Sight Distance. a. Curb cuts shall be placed to provide for the minimum intersection sight distance based on the intersecting road's posted speed limit as shown in Table 16.3.7.D.2.A Intersection Sight Distance. Table 16.3.7.D.2.A – Intersection Sight Distance Speed (MPH) Intersection Sight Distance 25 280 30 335 35 390 40 445 45 500 50 555 55 610 Source: 2018 AASHTO Green Book b. The intersection sight distance is measured using a driver-eye height of three and one-half (3.5) feet and an object height of three and one-half (3.5) feet with the driver eye being located 14 feet beyond the edge of the travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective oncoming lane. c. Intersection sight distance shown in Table 16.3.7.D.2.A, Intersection Sight Distance is for a stopped passenger car to turn left onto a two-lane highway with no median and grades three (3) percent or less. For other conditions, the time gap should be adjusted and the sight distance recalculated per AASHTO standards, latest edition. 3. Stopping Sight Distance. a. The minimum centerline stopping sight distance shall be designed relative to the design speed of the street as shown in Table 16.3.7.D.3.B, Stopping Sight Distance. Table 16.3.7.D.3.B – Stopping Sight Distance CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 313 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Speed (MPH) Centerline Stopping Minimum sag curve Sight Distance Minimum crest curve “k” value 25 155 12 26 30 200 19 37 35 250 29 49 40 305 44 64 45 360 61 79 50 425 84 96 55 495 114 115 “k” value Source: 2018 ASSHTO Green Book b. The centerline stopping sight distance shall be measured above the centerline using a driver eye height of three and one-half (3.5) feet and an object height of six (6) inches. c. Where there is an intersecting street on or near the vertical curve, the minimum "k" value may not provide for the minimum intersection sight distance requirement. If this is the case, the "k" value for the crest curve will need to be increased in order to obtain the minimum intersection sight distance required. E. Maximum Grade. Street intersections should be designed with a flat grade wherever possible, but in no case should the grade exceed 2 percent (2%) in normal situations (or 4 percent (4%) in topographical hardship situations on local streets). F. Islands. Islands in street intersections shall conform to the design requirements of the standard drawings. In no case shall anything in an island extend more than three feet above the street grade within the rightof-way, except traffic regulatory devices and other infrastructure erected or approved by the City. No island shall be approved which contains less than 100 square feet. 16.3.8 Traffic Control Devices A. Traffic Control Signs. The installation of street signs, traffic control signs, and devices such as striping and signalization, shall be coordinated with the Department, and provided through payment of fees to the appropriate agency. B. Street Name Signs. 1. The director shall determine the need and location of street signs within a subdivision. 2. The standard steel street posts or wooden four-inch by four-inch posts with horizontal reflectorized street name plates with four-inch letters shall be furnished and installed by the City. C. Traffic Signals and Signs. All traffic signals and signs shall conform to the Manual on Uniform Traffic Control Devices (no decorative traffic control devices will be allowed). 16.3.9 Traffic Calming Devices A. Traffic Calming Devices shall be compatible with standards outlined in the Georgia Department of Transportation and shall be recognized by the Institute of Transportation Engineers (ITE). B. Private streets shall be designed in accordance with the above so as to encourage and maintain maximum operating speeds of no more than 25 mph. The maximum length of roadway section between speed CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 314 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy control points shall be 500 feet. C. A traffic-calming plan is subject to review and approval by the Public Works Department based, in part, on a warrant analysis based in accordance with the generally accepted standards of the Institute of Transportation Engineers (ITE). 16.3.10 Transitional Requirements All established streets shall comply with the following general provisions: A. Permanent dead-end streets. 1. Local streets designed to have one (1) end permanently closed and not connected with any existing street, proposed future street, or not intended to extend to the property line of an adjacent tract, shall be no longer than seven (7) times the lot width required by the underlying zoning district, unless necessary due to the topographic or other physical conditions of the property. 2. Dead-end streets, designed to be such permanently, shall be provided at the closed end with a paved turnaround having an outside diameter of not less than 80 feet, and a right-of-way diameter of not less than 110 feet. 3. Dead-end streets, designed to be such permanently, that exceed more than 800 feet in length may be required to have a cul-de-sac for emergency vehicles, as approved by the Fire Marshal. B. Temporary dead-end streets. 1. Stub Street. Stub streets, which are intended to provide access for future development within a tract of land or adjacent lands, shall be required to have a temporary turnaround area having a diameter of not less than 80 feet, consisting of six (6) inches of graded aggregate base. 2. Temporary dead-end streets which extend for a distance greater than 150 feet shall be provided with a temporary turnaround having a diameter of 80 feet. Said temporary turnaround shall be so constructed as to ensure a surface resistant to erosion and so drained as to prevent damage to abutting properties. Temporary dead-end streets of 150 feet or less shall be provided with an earth barrier, fence, or similar physical barricade at the dead end. Provisions shall be made for the future extension of the streets and reversion of the excess right-of-way to the adjoining properties. 3. For subdivisions with a temporary turnaround, it shall be required of the applicant to provide a letter of credit equal to the cost of permanent cul-de-sac construction C. Additional paved surface width. 1. Any proposed development that includes a platted street containing a driving surface width of less than that required or deficient based on construction, material, or facility standards (e.g.: a lack of sidewalks) by this UDC shall provide for the improvement of said street so that the minimum standards required by this Article are improved by the developer along the full length of the subject property frontage. If the proposed subdivision abuts only one side of said street, then a minimum of half of the required extra surface shall be provided by the developer. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 315 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 16.4 Drainage Standards for Streets 16.4.1 General A. All storm drain pipes or culverts carrying stormwater from the street and adjacent property or through lots in the subdivision shall be extended to ten (10) feet from the rear property line. 1. Stormwater shall be released into a channel or swale without causing scouring, erosion, or resulting in sedimentation of the receiving channel. 2. The outlet channel shall include structural and vegetative measures to assure nonerosive velocities of stormwater. B. Installations, backfilling, and compaction around drainage pipes shall be in accordance with Georgia Department of Transportation (GDOT) specifications. All pipes shall have a minimum cover of 18 inches from the bottom of the road base, and head walls or inlet basins constructed at the ends of the pipes. C. The design of drainage structures shall be based on the GSMM standards. D. Piped collection systems for public streets (catch basins, inlets, cross drains, longitudinal piping), shall be designed for the 25-year storm. E. Road culverts, which carry live streams, shall be RCP and off-site drainage shall be designed for the 100year storm and the developer's engineer is to provide a no-rise certification letter. F. Cross drainpipes within the public rights-of-way shall be designed and constructed at or near a 90 degree angle with the roadway centerline. Where a slight skew is necessary, the pipe shall be placed within an 80 to 100 degree angle with the roadway centerline. G. Longitudinal pipes along a curved section of roadway shall be located on the inside of the curve to avoid pipe beneath the roadway footprint. In the event that the longitudinal pipe needs to be along the outside of the curve, the pipe shall be wholly located outside the limits of the curb and gutter by use of additional junction boxes. H. For pipe at a cul-de-sac location, all pipe shall be wholly located outside of the footprint of the curb and gutter that encircles the cul-de-sac. 16.4.2 Minimum Design Standards A. All of the materials, methods of the construction, and workmanship for the work covered in reference to stormwater conveyance facility construction shall conform to GDOT standards. B. Allowable pipe material for all applications in drainage easements and public street rights-of-way, except as specified below, are aluminum-coated (Type 2) corrugated steel pipe (ASP), corrugated aluminum alloy pipe, smooth-lined corrugated high density polyethylene pipe (HDPE), or reinforced concrete pipe (RCP). C. For roads constructed with public funds, either wholly or in part, or roads classified as major thoroughfares, materials which meet the GDOT design standards shall be used unless an alternative is specifically approved by the City. D. Only reinforced concrete pipe (RCP) shall be used for all dams nine (9) feet or more in height with an impounding capacity of 20 acre-feet or more unless the Georgia Safe Dams Program requires another material. E. Reinforced concrete pipe (RCP) shall be used under non-local roads when the ADT is greater than 15,000 CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 316 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy vehicles per day (vpd). Reinforced concrete pipe (RCP) or smooth-lined corrugated high density polyethylene (HDPE) pipe shall be used under nonlocal roads when the ADT is less than 15,000 vpd. F. The Department may approve an alternative pipe material with the recommendation of an engineer registered in the State of Georgia. 16.4.3 Pipe and Pipe Coating Requirements A. Pipe Standards. 1. Reinforced Concrete Pipe (RCP). a. Reinforced concrete pipe shall be in no less than eight (8) foot joint lengths. b. All joints shall be bell and spigot type, with a rubber gasket conforming to ASTM C-443. c. Pipe shall be manufactured in accordance with AASHTO M-170 and/or ASTM C-76. d. Class of pipe and wall thickness shall be in accordance with 1030-D, Georgia DOT specification, Table No. 1. 2. Aluminum-Coated (Type 2) Steel Pipe. a. Pipe coating shall comply with AASHTO M-274. b. Pipe fabrication shall comply with AASHTO M-36. c. Pipe material and fabrication shall comply with AASHTO M-196. 3. Smooth Interior Corrugated Polyethylene Pipe. a. This specification applies to high density polyethylene corrugated pipe with an integrally formed smooth-lined interior (HDPE). HDPE pipe manufacturers shall be approved by the director. b. This pipe shall conform to the requirements of AASHTO M-294, Type S. c. Joints shall be as recommended by the manufacturer and approved by the City. Connections shall create a soil tight joint at a minimum and shall use a rubber gasket, which conforms to ASTM F-477. d. Installation shall be in accordance with ASTM Recommended Practice D2321, AASHTO Section 30, or as specified by the City. e. Certification from the manufacturer that the product was manufactured, tested, and supplied in accordance with this specification shall be furnished to the City upon request 4. The Department shall determine the minimum acceptable combinations of gages, diameters, and corrugation configurations for corrugated aluminum alloy pipe and pipe arches, and for corrugated aluminum-coated steel pipe and pipe arches. 5. Each end of each pipe section, to be joined by a coupling band, shall have a minimum of two (2) annular corrugations. Coupling bands shall be so constructed to lap on an equal portion of each of the pipe sections to be joined. The connecting bands shall have a minimum of two (2) annular corrugations and fully engage, over the entire pipe periphery, one (1) corrugation on each pipe. Bands shall be fabricated from the same material as the pipe. The minimum band gauges for aluminum pipe and aluminized pipe shall be as specified in AASHTO M-196, Section 19, and AASHTO M-36, Section 9, respectively. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 317 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 6. Gaskets may be required as determined by the city in the field, shall be either sleeve type or O-ring type and shall meet the requirements for gaskets as specified in AASHTO M-36, Section 9.3 7. Table 16.4.3, Pipe Installation Standards indicate which pipe is permitted within the City based on installation type. Table 16.4.3 – Pipe Installation Standards Installation Type Pipe Type RCP Aluminized Type 2 Steel Polymer Precoat Steel Aluminum Alloy Corrugated Polyethylene Smooth-Lined High Density Polyethylene Type “S” Longitudinal P P P P -- P Cross Drains >15,000 ADT1 P -- -- -- -- -- Cross Drains <15,000 ADT1 P -- -- -- -- -- Cross Drains <15,000 (local roads)1 P -- P P -- -- Cross Drains<15,00 0 (local roads)2 -- -- P P -- P Lateral Systems P P P P -- P Slope Drain -- P P P -- P Perforated Underdrain -- P P P P P Dams P -- -- -- -- -- Perennial Streams P -- -- -- -- P “P” = Permitted “--“= Not Permitted 1 = Cross drain less than 10% slope 2 = Cross drain over 10% slope 8. Minimum Standards a. The minimum allowable design velocity for all pipe types, except for Corrugated Polyethylene, is 2.5 fps. b. The maximum allowable design velocity for all pipe types is 15 fps, except for Aluminized Type 2 Steel which is 5 fps. Corrugated Polyethylene has no maximum design velocity. c. Aluminized Type 2 Steel requires a minimum soil PH/resistivity of 6/1500 ohm/cm. d. Polymer Precoat Steel requires a minimum of soil PH/resistivity of 5/1500 ohm/cm. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 318 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy B. Structural Plate Drainage Structures. Corrugated aluminum alloy structural plate pipe, pipe arches and arches shall consist of aluminum plates and galvanized bolts and nuts of the size, shape and thickness as shown on the approved plans. These structures shall conform to the requirements of AASHTO M-219. 16.4.4 Pipe Installation A. Installation Standards. 1. Reinforced concrete pipe (RCP), corrugated aluminum alloy pipe, corrugated aluminum coated steel pipe, and smooth interior corrugated polyethylene pipe shall be installed in accordance with GDOT specifications. 2. Prior to approval of a final plat, the City may require the submittal of certification from a mandrel testing agency indicating that all installed pipe (other than RCP) does not exceed five percent (5%) deflection. 3. Based on field inspections, video surveillance may be conducted by the City or required by the City on storm drain installations before approval of the final plat or issuance of the Certificate of Occupancy. If required, video surveillance should be done after completion of all activities that may damage the pipe but prior to the placement of base and the paving or landscaping over or near the pipe. If video surveillance indicates problems such as pipe deformation, cracking, or joint separation, the pipe shall be removed and replaced before approval. B. Bedding. All pipe structures shall be placed on stable earth or fine granular foundation with the characteristics of which would be expected to provide long-term stability. In all live stream pipe installations, in areas of low bearing solid or non-uniform foundations, in area where rock is encountered at the foundation level, or in other locations where conditions warrant, a minimum of six (6) inches of crushed stone bedding is required (maximum size of stone shall be three-quarters (0.75) inch). Geotextiles or geogrids may also be required by the City in problem areas. C. Backfilling. 1. Backfill for CSP, CAP, and HDPE pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the bottom of pipe to 12 inches above the pipe crown. 2. Backfill for RCP pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the pipe invert to one-quarter (0.25) of the pipe diameter. 3. Foundation backfill material shall be used for RCP above one-quarter (0.25) of the pipe diameter (if graded aggregate base is not used above the one-quarter (0.25) of the pipe diameter) as per Type I or Type II GDOT standards. 4. These materials shall be placed in players of no more than six (6) inches loose. 5. Compaction of these materials shall be accomplished by hand tamping or machine tamping. Required compaction levels are as follows: a. Within Street Right-of-Way. Backfill within all street rights-of-way shall be compacted to 95%maximum density, tested using the AASHTO Method T-99. b. In Other Areas. Backfill in all other areas shall be compacted to 90% maximum density, tested using the AASHTO Method T-99. c. Construction Loads and Minimum Covers. If drainage pipe is installed prior to the CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 319 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy completion of grading, a minimum of four (4) feet of fill should be provided where needed to adequately protect the drainage structure during the land development phase, unless the structure itself is designed to withstand the anticipated live load during construction. 16.4.5 End Finish A. Headwalls or other end treatments are required on all culverts and at the outlet of all piped collection systems. Where ends of pipe are located within, or near, the right-of-way and are parallel, or nearly parallel, with the roadway, safety end sections shall be required when the posted speed limit is 35 miles per hour and over. B. Headwalls are to be precast concrete, stone masonry with reinforced concrete footings, or poured in place, reinforced concrete with reinforced concrete footings. Precast concrete headwalls for corrugated aluminum coated steel pipe or aluminum alloy pipe shall be made with aluminum coated steel or aluminum alloy pipe stubs. C. End treatments that conform to the slope may be pre-cast concrete end sections; aluminum coated steel or aluminum alloy end sections, masonry, PE end sections, reinforced poured-in-place slope collars, or grouted rip-rap. Concrete and metal flared end sections shall conform to applicable Georgia DOT Standard Drawing 1120, 1122, or Detail D-39. 16.4.6 Junction Boxes and Catch Basins Junction boxes and catch basins shall have metal manhole frames and lids for access. 16.4.7 Other Structures. Natural bottom arches and box culverts may be used in accordance with GDOT standards. Bottomless culverts shall require that a scour analysis be done by a registered professional engineer to ensure the soundness of the proposed structure. 16.5 Bicycle Facilities Construction Standards A. On-Street Bicycle Facilities. 1. Conventional painted bike lanes are required on both sides of local streets with posted speed limits of 35 miles per hour or less, subject to review and approval by the Public Works Department. They shall be a minimum five (5) foot wide and have painted markings indicating the right-of-way width aside for dedicated bicyclist use. 2. Painted sharrow markings are required on both sides of local streets with posted speed limits of 25 miles per hour or less, subject to review and approval by the Public Works Department. 3. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. B. Off-Street Bicycle Facilities. 1. Multi-use sidepaths are required on both sides of collector and arterial streets, subject to review and approval by the Public Works Department. C. Multi-Use Sidepaths. Multi-use sidepaths shall be a minimum width of ten (10) foot clear zone. A planted CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 320 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy landscape zone of a minimum of six (6) feet wide from the back of curb shall separate the multi-use sidepath from the vehicle travel lane. Where feasible, the multi-use sidepath shall not be built in a straight line. See Figure 16.5.C – Multi-Use Sidepath Cross Section. 1. The Community Director may reduce the sidepath to eight (8) feet, if the applicant demonstrates that there are topographic extremes, environmental restrictions (e.g., stream buffers, wetlands), or severe utility conflicts. 2. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. Figure 16.5.C – Multi-Use Sidepath Cross Section 16.6 Sidewalk Construction Standards A. General. 1. Sidewalks shall form a logical, safe and convenient system for pedestrian or bike access to all dwelling units and other buildings, properties, and facilities. 2. Sidewalks shall be so located and safeguarded as to minimize contacts with automotive traffic. 3. Sidewalks that are appropriately located, designed and constructed may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automotive traffic. 4. Minimum standards required by this Section are improved by the developer along the full length of the subject property frontage for existing streets and along the full extent for any new streets created. 5. During a transportation improvement project, sidewalks must be installed or brought into compliance with these standards. 6. 12 months from the completion of at least 90% of the dwellings in any subdivision, or phase of any subdivision, the City of Stockbridge reserves the right to install sidewalks along any areas not yet containing sidewalks. The cost of construction and installation shall be repaid to the City via a lien CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 321 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy placed on the adjacent property upon which the sidewalk fronts. 7. After the maintenance period has expired, any broken curbing and sidewalk will be repaired by the builder before a Certificate of Occupancy/Completion is issued. B. Sidewalk Construction Standards. When required by this UDC, sidewalks and curb ramps shall be constructed in all new development or redevelopment along all abutting or internal streets, existing or new, private or public. 1. Sidewalk Installation and Timing. a. Required sidewalks shall be installed prior to the issuance of a Certificate of Occupancy/Completion. b. All sidewalks along common areas, including pond lots, amenity areas, open space, and lots containing existing homes or lots that are unbuildable, shall be installed by the developer before the end of the maintenance period. 2. Minimum Width. a. Sidewalks shall have a minimum width of five (5) feet clear zone along all roads within residential subdivisions and in residentially zoned or used areas. A planted landscape zone of a minimum of two (2) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.a – Sidewalk Cross Section 1. b. Sidewalks shall have a minimum width of eight (8) feet clear zone in all non-residential, mixed-use development areas, and along the frontage of the road a residential subdivision entrance is located on. A planted landscape zone of a minimum of five (5) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.b – Sidewalk Cross Section 2. Figure 16.6.B.2.a – Sidewalk Cross Section 1 CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 322 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 16.6.B.2.b – Sidewalk Cross Section 2 c. Multi-use sidepaths are required on both sides of collector and arterial streets in accordance with this section, and with Section 16.5, Bicycle Facilities Construction Standards. Table 16.6 - Minimum Sidewalk Widths Local Streets (Residential)1 Local Streets (Non-Residential)2 Collector Arterial Landscape zone (minimum 2’ 5’ 6’ 6’ in feet) Sidewalk clear zone 5’ 8’ N/A N/A (minimum in feet) Multi-use sidepath clear zone N/A N/A 10’ 10’ (minimum in feet) 1 = The landscape zone and sidewalk clear zone is applicable to all roads within residential subdivisions and in residentially zoned or used areas. 2 = The landscape zone and sidewalk clear zone is applicable along the entire frontage of the road in which a residential subdivision entrance is located on. 3. Sidewalks shall be at least four (4) inches in thickness and shall be constructed of Portland cement concrete. 4. Sidewalks shall be installed no closer than two (2) feet to the back of curb line and shall not be constructed over any underground gas, electric, communications, or water and sewer utilities. 5. Sidewalks and curbs, at street intersections, shall be designed to permit handicapped access. 6. Intersection radius curb ramps shall be provided at street intersections. Straight ramps Straight ramps may be provided at intersections of curbed driveways and at streets without sidewalks. 16.7 Trail Construction Standards A. Purpose. The purpose of this Section is to implement bikeways, multi-use sidepaths, greenways, or other public facilities contained in Master Trails Plans, LCI studies, and the Comprehensive Plan. B. Connections to Public Facilities. Where a new development or redevelopment adjoins an existing public CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 323 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy bikeway, multi-use sidepath, greenway, or other public facility, the development shall provide a connection to such facilities. Where public facilities are incomplete but part of an adopted plan, such connections shall be installed by the developer. C. Dedication. Once the trail facility has been installed, the trail facility and any associated easement shall be dedicated to the City. D. Installation. 1. The width of the public facility shall be as depicted and shown on adopted plans. Adopted plans include but are not limited to the Stockbridge Strategic Implementation and Master Plan for Trails, the Comprehensive Plan, LCI plans, and the Henry County Trail Plan. 2. An easement shall be required and approved by the Director of Community Development and the Public Works Department. Trail easements shall be recorded on all final plats. 3. Trails shall be at least five (5) inches in thickness and shall be constructed of Portland cement concrete. 4. A two (2) foot minimum clear zone shall be provided on both sides of a trail. These clear zones shall be seeded. 5. A ten (10) foot minimum vertical clearance shall be provided from the trail surface. 6. The entire length of the paved trailed shall include a four (4) inch wide, alternating yellow centerline strip and stop markings when approaching intersections. Figure 16.7.C - Trail Cross-Section 7. Subgrade. Subgrade shall be compacted to 95% standard proctor. Undercut and backfill may be required as determined by the Public Works Department. 8. Intersections. Trail intersection shall include signage, bollards, and pavement striping. a. Bollards. i. A removable bollard shall be placed a minimum of 30’ from the edge of the street and CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 324 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy align with the alternating yellow centerline striping. ii. In addition to a removable bollard, a fixed bollard or fence post shall be on either side of the trail in line with the removable bollard. iii. All final locations shall be subject to review and approval by the Public Works Department. b. Detectable Warning Surface. A detectable warning surface shall be installed a minimum of six (6) inches from the edge of the trail and shall be a minimum of 24 inches wide. Figure 16.7.C.8 - Trail Intersection and Bollard 9. Trail Crossings. a. Marked Striping. If a trail crossing is required in a development, the development shall provide marked crosswalks. All color pavement markings shall be anti-skid with clean cut edges and conform to GDTO standard specifications for installation and finish. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 325 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Figure 16.7.C.9 - Marked Crossing b. Crossing Island. A crossing island shall be required for mid-block pedestrian crossings, on roads with four or more travel lanes with posted speed limits of 35 miles per hour or more, or where AADT is 9,000 or higher. The crossing island shall be subject to review and approval by the Public Works Department. c. Raised Crossings. Raised crosswalks or raised intersections shall be installed based on determination by the Public Works Department. d. Pedestrian Safety. As determined by the Public Works Department, Pedestrian Hybrid Beacons (PHB) or Rapid Flashing Beacons (RRFB) shall be installed for intersection crossings. 16.8 Transportation Improvement Projects A. Transportation Improvement Projects. Every transportation improvement project shall include accommodations sufficient to enable reasonably safe travel along and across the right of way for all users, including non-automobile users as set for in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards; unless one or more of these conditions exist and is documented: 1. Bicyclists or pedestrians are prohibited by law from using the roadway. In this instance, a greater effort may be necessary to accommodate bicyclists and pedestrians elsewhere within the right-ofway or within the same transportation corridor. B. Unpaved Road Improvement Projects. 1. Any unpaved road upon which a development has frontage and access shall be widened and paved, according to the functional class of the road, as set forth in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards along the frontage of the development to the nearest intersection with a paved City road. 2. The minimum right-of-way required according to Section 16.3, Streets shall be dedicated along the entire frontage of the development back to the nearest intersection in which the roadway is to be improved. 3. In addition to the design, construction, and right-of-way acquisition, the developer shall also be responsible for relocation of utilities. 4. Where a development has frontage, but does not provide access to an unpaved road, the developer shall preserve right-of-way along the development's frontage for future improvements to the roadway. 5. In instances where improving a roadway to the limits of the frontage causes for an undesirable termination point for the improved roadway, such as alignment issues or topographic issues, the improvement may be required to be further extended to provide for an acceptable tie-in to the existing roadway. C. Required Connections. Where a new development or redevelopment adjoins a bikeway or pedestrian facility, the development shall provide a bikeway or pedestrian connection to such facilities. Where facilities are incomplete but part of an adopted plan, stub-outs for future linkages shall be provided by the development. A pedestrian connection, or stub-out for future linkages, shall be provided where a new CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 326 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy development lies within half (0.5) a mile of a school or existing or planned transit route. 16.9 Streetlight and Pedestrian Light Requirements 16.9.1 General A. In order to ensure adequate illumination of public rights-of-way and promote safety and security, The American National Standard Practice for Roadway Lighting of the Illumination Engineering Society, as approved by the American National Standards Institute, as from time to time amended, is hereby adopted as the standard for the installation and operation of lighting in the City. B. Streetlight and pedestrian light fixtures or equipment shall be erected, constructed, or installed by the applicant in such a manner to ensure that the lateral light distribution which causes a glare does not inhibit the users of the rights-of-way from safely traversing and using the rights-of-way. 16.9.2 Street Light Requirements A. All streets and roadways shall include streetlights, lampposts, or similar devices sufficient to illuminate all the street and walk area at night so as to permit safe passage by vehicles and pedestrians. B. The location, arrangement, type, and number of streetlights shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the rights-of-way. C. The overlap of pedestrian light illumination and streetlight illumination shall be minimized to such an extent that streetlights may not be required at all in areas where pedestrian lights provide the required illumination without streetlights. Pedestrian lights may be installed in addition to required streetlights but shall not be used to fully substitute or eliminate the requirement to install streetlights in accordance with this Section. D. All streetlights installed under this Section shall be dedicated by the developer to the City or property owners’ association, as applicable, unless this requirement is expressly waived by the Mayor and City Council. E. It shall be the responsibility of the applicant to coordinate the installation of the streetlights and pedestrian lights with the appropriate utility and the City consistent with the standards contained in this UDC. F. Lighting Plan. 1. A lighting plan, which may be prepared by the streetlight provider, shall be provided to the Department for the erection, construction, or installation of streetlight and/or pedestrian light fixtures or equipment upon which the illumination thereof falls upon public rights-of-way. 2. Contents. The plan shall: a. Include security lights of all kings and nature; b. Shall illustrate the illumination provided by pedestrian lights; and c. Drawings showing the exact location of proposed streetlights. 3. Lighting plans shall be submitted with the final plat and any additions. 4. No lighting shall be installed or operated without approval of the Department. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 327 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 16.9.2 New Development Requirements A. All new development, including residential subdivisions, multi-family developments, commercial developments, mixed-use developments, industrial developments, and any development involving the construction of new public or private streets, shall install streetlights in accordance with this Section. The developer of shall install all streetlights and pedestrian lights with underground wiring. B. Each property owner shall be assessed a rate based on the total cost of annual lighting charge within the district divided by the number of properties within the district. Unit cost of lighting fixture charges shall be based on fees provided by electric utility companies of both overhead and underground installation. C. The rates or charges for lighting service shall constitute assessments on the property so served. Those assessments shall be added to tax bills at the end of each year and shall constitute a lien upon the property. Said lien shall have the same priority as tax assessments and an execution may be issued for the purpose of enforcing the lien, including foreclosure and/or judicial sale. 16.9.3 Existing Development Requirements A. Individuals owning real property in an existing residential area desiring to install streetlights and/or pedestrian lights may apply with the City to establish a streetlight and pedestrian light district. B. The application shall be supported by a petition signed by property owners representing more than 51% of the property owners in the district which is sought to be established. C. Upon receipt of a complete streetlight application, the director will contact the utility provider to request a layout, price, and contract, if necessary, for the streetlights. For pedestrian lights, the proposed layout prepared by an engineer licensed in the State of Georgia and the fixture specifications, the unit price, and the contract, if necessary, shall be provided as part of a complete streetlight and pedestrian light district application. D. Up to three (3) additional streetlights or pedestrian lights may be added to an existing streetlight district, as approved by the City. 16.10 Drinking Water Conservation Requirements 16.10.1 Purpose It is the purpose of this Section to require the use of ultra-low flow plumbing fixtures in all new construction, or when replacing plumbing fixtures during renovation or remodeling of existing buildings and to require the labeling of plumbing fixtures with information regarding flow rates for the purpose of conserving water to maintain the integrity of drinking water supplies and reduce wastewater flows. 16.10.2 Fixture Specifications and Installation Standards A. No plumbing fixture shall be installed which does not meet the standards listed in this UDC. This includes all plumbing fixtures installed in newly constructed buildings or when replacing plumbing fixtures during remodeling or renovation of existing buildings, except as noted in legally nonconforming cases: B. All plumbing fixtures installed as referred to above should not exceed the following maximum water use rates: 1. Toilets: One and six-tenths (1.6) gallons per flush; 2. Urinals: One (1) gallon per flush; CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 328 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 3. Showerheads: Two and one-half (2.5) gallons per minute; 4. Kitchen faucets: Two and one-half (2.5) gallons per minute; and 5. Bathroom and lavatory faucets: Two (2) gallons per minute. C. The flow-restriction device in a showerhead must be a permanent and an integral part of the showerhead and must not be removable to allow flow rates in excess of that as stated in this Section. D. Lavatory faucets located in restrooms intended for use by the general public shall be of the metering or self-closing type, in addition to the flow requirement as listed in this Section. 16.10.3 Product Labeling Specifications Effective July 1, 1991, all toilets, urinals, showerheads, or faucets shall be clearly labeled by the manufacturer to indicate the maximum flow rate or water usage of the fixture. The water-use rate of the fixture shall be certified by the manufacturer based on independent test results and using 60 psi for showerheads. The label shall be affixed to the fixture and remain there until the proper building and/or plumbing inspections have been conducted. Also, the product packaging must be clearly marked to identify water use rates when offered for retail sale. 16.10.4 Exceptions A. The following fixture uses or applications shall be exempt from the standards: 1. Showers and faucets installed for safety purposes, such as emergency eye-wash stations, etc.; 2. Plumbing fixtures specifically designed for use by the physically handicapped; 3. Fixtures specifically designed to withstand unusual abuse or for installation in correctional institutions, which may require more water for proper operation; and 4. Instances of building renovation where significant plumbing modifications would be required to accommodate the lower flows or for specialized purposes which cannot be accommodated by existing technology. B. Permission for the exceptions listed here must be obtained from the Public Works Department. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS Page 329 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 17: STORMWATER MANAGEMENT 17.1 Purpose and Intent A. The purpose of this Chapter is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. B. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Stockbridge is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff. This Chapter seeks to meet that purpose through the following objectives: 1. Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources; 2. Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, stream bank erosion, non-point source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats; 3. Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality and to preserve and/or restore natural hydrologic conditions on development sites; 4. Establish design and application criteria for the construction and use of structural stormwater control facilities that meet the minimum post-development stormwater management standards; 5. Encourage the use of nonstructural stormwater management and stormwater better site design practices, peak rate and/or runoff reduction, and the preservation of greenspace and other conservation areas, by establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; 6. Establish provisions for the long-term responsibility of operation, inspection, maintenance and repair of private structural stormwater control facilities and private commitments for nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety or the environment; 7. Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term compliance; and 8. Preserve the natural drainage and natural treatment systems and reduce the additional stormwater CHAPTER 17: STORMWATER MANAGEMENT Page 330 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy runoff and pollutants; 9. Protect public health and safety by reducing the risk of localized flooding and reducing the amount of runoff entering streets. 17.2 Applicability and General Standards A. This Section is applicable to all land development, including, but not limited to, site plan applications, development permits, subdivision applications, and grading applications, unless exempt pursuant to Section 17.2,C, Exemptions. B. New Development and Redevelopment Sites. These standards apply to any new development or redevelopment site that meets one or more of the following criteria: 1. New development that creates or adds five thousand (5,000) square feet or greater of new impervious surface area or that involves land disturbing activity of one (1) acre of land or greater including projects of less than one (1) acre if they are part of a larger common plan of development or sale; 2. Any redevelopment of a previously developed site that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area, or that involves land disturbing activity of one (1) acre or more, including projects of less than one (1) acre if they are part of a larger common plan of development or sale. 3. Any new development or redevelopment, regardless of size, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules or that is defined by the Director to be a hotspot land use; and 4. Linear transportation projects that exceed the threshold in “1” and “2” above. C. Exemptions. The following activities are exempt from the requirements of this Chapter. 1. Land disturbing activity conducted by local, State, authority, or Federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs; 2. Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement; 3. Land disturbing activity conducted by local, State, authority, or Federal agencies, whose sole purpose is to implement stormwater management or environmental restoration; 4. Repairs to any stormwater management system deemed necessary by the Director; 5. Agricultural practices as described O.C.G.A. § 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsection 17.2, B, New Development and Redevelopment Sites; 6. Silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsection 17.2, B, New Development and Redevelopment Sites; 7. Installations or modifications to existing structures solely to implement Americans with Disabilities Act (ADA) requirements, including, but not limited to, elevator shafts, handicapped access ramps and CHAPTER 17: STORMWATER MANAGEMENT Page 331 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy parking, and enlarged entrances or exits; and 8. Linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies to the extent the Director determines that the stormwater management standards may be infeasible to apply, all or in part, for any portion of the linear transportation project. For this exemption to apply, an infeasibility report that is compliant with the City of Stockbridge's linear feasibility program shall first be submitted to the Director that contains adequate documentation to support the evaluation for the applicable portion(s) and any resulting infeasibility determination, if any, by the Director. D. Designation of Administrator. The Director is hereby appointed to administer and implement the provisions of this Chapter. E. Compatibility with Other Regulations. This Chapter is not intended to modify or repeal any other chapter, rule, regulation or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 17.3 Stormwater Design Manual The City of Stockbridge will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda for the proper implementation of the requirements of this Chapter. 17.4 Permit Application 17.4.1 Permit Application Requirements A. No owner or developer shall perform any land development activities without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically exempted by this Section, any owner or developer proposing a land development activity shall submit to the Department a permit application on a form provided by the City for that purpose. C. Unless otherwise exempted by this Section, a permit application is accompanied by the following items in order to be considered: 1. Stormwater management plan in accordance with Section 17.6, Stormwater Management Plan; 2. A preliminary determination of infeasibility, as applicable, prepared in accordance with the practicability policy; 3. Inspection and maintenance agreement in accordance with Section 17.6, Stormwater Management Plan, if applicable; and 4. Permit application and plan review fees in accordance with Section 17.4.3, Application Review Fees. D. The approved stormwater management plan shall obligate the responsible party to accomplish all land CHAPTER 17: STORMWATER MANAGEMENT Page 332 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy clearing, construction, development, and drainage in accordance with the Stormwater Management Plan. Any and all permits for development activities may be revoked at any time if the construction of stormwater management facilities is not conducted in substantial conformity with approved plans. E. The applicant or responsible party shall obtain all state and federal permits required for the proposed development activity in addition to the plans and permits required by the City. F. Upon completion of the project the applicant or responsible party shall submit the engineer-of-record's certification and as-built plan that includes the global positioning system coordinates of the stormwater management facilities. If the as-built plan differs substantially from the approved plan but is still acceptable to City, then the applicant or responsible party shall update the recorded inspection and maintenance agreement upon approval by the City. 17.4.2 Application Procedure A. Applications for development permits are filed with the Department. B. Permit applications shall include the items set forth in Section 17.4.1, Permit Application Requirements. Two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included as part of the application submittal. C. The Department shall inform the applicant whether the application, stormwater management plan, and inspection and maintenance agreement are approved or disapproved. D. If the permit application, stormwater management plan, or inspection and maintenance agreement is disapproved, the Department shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same. All provisions of this Section shall apply to such resubmittal. E. Upon a finding by the Department that the permit application, stormwater management plan, and inspection and maintenance agreement, if applicable, meet the requirements of this Section, the Department may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met. F. Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person is subject to the following requirements: 1. The applicant shall comply with all applicable requirements of the approved plan and this Section and shall certify that all land clearing, construction, land development, and drainage will be done according to the approved plan; 2. The land development project is conducted only within the area specified in the approved plan; 3. The Department is allowed to conduct periodic inspections of the project; 4. No changes may be made to an approved plan without review and written approval by the Department; and 5. Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 17.7, Performance Criteria. CHAPTER 17: STORMWATER MANAGEMENT Page 333 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 17.4.3 Application Review Fees The fee for the review of any land development application shall be based on the fee structure established by the City of Stockbridge, and payment shall be made before the issuance of any land disturbance permit or building permit for the development. 17.5 Stormwater Concept Plan A. Discussion of post-development stormwater management. Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Stockbridge. The presubmittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM 2.4.2.4) or the stormwater concept plan (GSMM 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the City of Stockbridge when applying for a determination of infeasibility through the practicability policy. B. Information to be submitted. To accomplish this goal, the following information is included in the concept plan that is submitted in advance of the meeting: 1. Existing Conditions/Proposed site plans. Existing conditions and proposed site layout sketch plans which illustrate, at a minimum, existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces; and Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements; 2. Natural Resources Inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 3. Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the floodway (as applicable); relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. Local watershed plans and any relevant resource protection plans will be consulted in the discussion CHAPTER 17: STORMWATER MANAGEMENT Page 334 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy of the concept plan. 4. Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater runoff reduction/water quality, channel protection, overbank flooding protection and extreme flood protection (GSMM 2.2). 17.6 Stormwater Management Plan A. The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this Section, including the performance criteria set forth in Section 17.7, Performance Criteria. B. This plan is in accordance with the criteria established in this Section and must be submitted with the stamp and signature of a design professional licensed in the state of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the current Georgia Stormwater Management Manual edition and the City’s submittal requirements for commercial and single-family residential development. C. Responsibility. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements are made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site the person to be permanently responsible for its inspection and maintenance. 17.6.1 Submittal Requirements The stormwater management plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the applicable design requirements and forms found in the Georgia Stormwater Management Manual and the City’s submittal requirement for commercial and single-family residential development. This includes but is not limited to: A. Common address and legal description of the site. B. Vicinity map. C. Stormwater Concept Plan. D. Existing conditions and proposed site plans. Existing conditions and proposed site layout plans which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys; boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, building parking area and other impervious surfaces. E. Infiltration rates. Infiltration rates shall be determined by soil surveys, on-site soil analysis, or a percolation test. If the site has been previously developed or graded or contains urban soil types, a percolation test is required. F. Natural resources inventory. A written or graphic inventory of the natural resources in existence prior to CHAPTER 17: STORMWATER MANAGEMENT Page 335 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy the commencement of the project. This inventory shall address resources both on the site and in the surrounding area that are or may be impacted by the project. This inventory shall also include a description of the soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural features protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks, including but not limited to drinking water well setbacks and septic setbacks. Particular attention should be paid to environmentally sensitive features that present constraints for development. G. Existing conditions hydrologic analysis. The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities in accordance with the current Georgia Stormwater Management Manual, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by offsite areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, predevelopment conditions are modeled using guidelines established by the Director for the portion of the site undergoing land development activities. H. Post development hydrologic analysis. The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities shall be calculated in accordance with the Georgia Stormwater Management Manual and include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the postdevelopment stormwater management performance criteria in with Section 17.7, Performance Criteria; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50% of the site area for the entire site, then the performance criteria in with Section 17.7, Performance Criteria must be met for the stormwater runoff from the entire site. For a subdivision of land or planned development, postdevelopment runoff volumes, rates, and velocities shall be calculated based on the built-out conditions of the entire parcel to be subdivided, regardless of future ownership of individual lots. Estimates of impervious surfaces shall be made based on maximum allowable lot coverage in accordance with this UDC when meeting the performance criteria. The developer of said subdivided parcel may provide runoff reduction and water quality measures for individual lots, which must be reflected accordingly on the final plat. I. Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how CHAPTER 17: STORMWATER MANAGEMENT Page 336 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy the selected structural stormwater controls will be appropriate and effective; cross section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the postdevelopment stormwater management performance criteria in Section 17.7, Performance Criteria; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans or similar protection area plans. J. Post development downstream analysis. A downstream peak flow analysis is required, which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises ten percent (10%) of the total drainage area in accordance with GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system. analysis must be in accordance with the stormwater design manual. K. Construction-phase erosion and sedimentation control plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.) or NPDES permit for construction activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls. Prior to the approval of the stormwater management plan, the applicant or responsible party shall submit a proposed staged construction and inspection control schedule for approval; otherwise, the construction and inspection control schedule will be for the entire drainage system. No stage work related to the construction of stormwater management facilities or BMPs shall proceed until the next proceeding stage of work, according to the sequence specified in the approved stage construction and inspection control schedule, as inspected and approved. Runoff reduction and water quality measures shall be installed in the final phase of construction to prevent clogging. L. BMP landscaping plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved. M. Operations and maintenance plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure CHAPTER 17: STORMWATER MANAGEMENT Page 337 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include a narrative describing how the stormwater management system is designed to function, including capture, runoff control, water quality treatment, channel and flood protection, and ongoing operations and maintenance procedures for all stormwater management facilities and practices shown on the stormwater management site plan. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures are included in the plan. N. Maintenance access easements. The applicant must ensure access from right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access is sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist is recorded and shall remain in effect even with the transfer of title of the property. O. Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice. 1. The inspection and maintenance agreement shall identify by name or official title the person responsible for carrying out the inspection and maintenance (see also Section, 17.9.3, Responsibility). 2. The owner shall update the point of contact from time to time as needed and upon request by the City of Stockbridge. Upon any sale or transfer of the site, the new owner shall notify the City of Stockbridge in writing within 30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following 30 days' notice, constitute a failure to maintain the stormwater management facility or practice. P. Evidence of acquisition of applicable local and non-local permits. The applicant shall certify and provide documentation to the Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan. Q. Determination of infeasibility (if applicable). 17.6.2 Modifications for Off-Site Facilities A. The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site CHAPTER 17: STORMWATER MANAGEMENT Page 338 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy practices and there must be a legally obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures are implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the offsite facility. B. A stormwater management plan shall be submitted to the Department that shows the adequacy of the off- site or regional facility. C. To be eligible for a modification, the applicant shall demonstrate to the satisfaction of the Director that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas: 1. Increased threat of flood damage to public health, life, and property; 2. Deterioration of existing culverts, bridges, dams, and other structures; 3. Accelerated stream bank or streambed erosion or siltation; 4. Degradation of in-stream biological functions or habitat; or 5. Water quality impairment in violation of the state water quality standards, and/or violation of any state or federal regulations. 17.7 Performance Criteria A. For new developments, the following performance criteria shall be applied to the area of the site impacted by the proposed work. For redevelopment, the following performance criteria shall be applied to the area of the site impacted by the proposed work, provided that the impacted area does not exceed 35% of the previously developed area. If the impacted area exceeds 35% of the previously developed area, the following performance criteria shall be applied to the entire development, including previously developed area: 1. Green Infrastructure/Low Impact Development. To promote the use ofCGore em n Ien fnr at es tdr u[cDt uSr e4, 8 ] : Will be m hereafter indicated as “GI”, or Low Impact Development, hereafter indicdaitsecdusasse“dLIfDu”r,thteecrhi iqthu s,PMT, but where feasible, the City will allow the use of all GI/LID structures, bette r t shi eteGpSl aMn M ninagdtdercehsnsieqdueGsI, / L ID and better site design techniques that are included in the GSMM. Table 17.7.A.1, Summary of Potential GI/LID Structures provides a summary of structures categorized as GI/LID. a. The use of GI/LIDs for achieving Runof f Reduction may be waived for sites with infiltration rates less than or equal to 0.5 inches/hour. Infiltration rates must be certified by a professional engineer or professional geologist. Testing should be conducted per the GSMM. Commented [DS49]: Added this Table 17.7.A.1 – Summary of Potential GI/LID Structures into the code. Confirm with city BMP Type Description Appropriate Benefits Setting Bioretention Basins Shallow stormwater basins Upland or landscaped areas that utilize engineered soils and vegetation to capture CHAPTER 17: STORMWATER MANAGEMENT Supports ground water recharge, pollutant, and runoff detention Page 339 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy and treat runoff. stormwater Rain Gardens Smaller bioretention areas Upland designed to treat runoff from small areas Supports groundwater recharge, treats multiple pollutants, and provides shade, windbreaks, and absorb noise. Enhanced Dry Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Types include a dry conveyance swale and a dry treatment swale. Provides partial infiltration of runoff in pervious soils, reduces thermal effects of impervious surfaces, and provides a habitat for wildlife species. Enhanced Wet Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Wet swales are a cross between a wetland a swale. Grass Channel Vegetated open channels Sitewide that provide biofiltering of stormwater runoff as it flows across the grass surface. Reduces flooding, encourages settling on the channel floor, and promotes infiltration. Vegetated Filter Strip Land areas with indigenous Upland Supports groundwater recharge, allows for flexibility in design and layout, and adaptable to a variety of site conditions. Infiltration Practices A shallow excavation, Upland typically filled with stone or engineered soil mix, which is designed to temporarily hold stormwater runoff until it infiltrates into the surrounding soils. Supports groundwater recharge, helps restore pre-development hydrology, and appropriate for small sites with porous sites. CHAPTER 17: STORMWATER MANAGEMENT Page 340 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Permeable Pavers A pavement surface Upland composed of structural units with void areas that are filled with pervious materials such as gravel, sand, or grass turf. Provides water quality treatment and compatible with retrofitting existing developed areas. Downspout Disconnection Diverts water from flowing Parcel specific over an impervious area to a pervious area Restores pre-development hydrology on development sites, supports groundwater recharge, and increase water quality. Rainwater Harvesting Intercepts, diverts, and Upland/ stores stormwater runoff Sitewide for later use Supports restoring predevelopment hydrology and reduces postconstruction runoff rates, volumes, and pollutant loads. Green Roofs Alternative to traditional impervious roof surfaces Well-suited for use on urban development and redevelopment sites, supports wildlife habitat, and reduces urban heat island effect. Site Reforestation/ Revegetation Upland/ Sitewide Planting trees and other Parcel specific native vegetation in disturbed pervious areas to restore them to their predevelopment conditions Reduces the amount of runoff, improves the infiltration capacity of soils, and provides a habitat for plant and animal species. 2. Water Quality/Runoff Reduction. All stormwater runoff generated from a site shall provide runoff reduction of the first 1.2 inches of rainfall or shall be adequately treated for water quality before discharge. It will be presumed that a stormwater management system complies with this requirement if it satisfies the stormwater reduction criteria in this Section. However if any of the stormwater runoff volume generated by the first 1.2 inches of rainfall cannot be reduced or retained on site due to constraints such as a high water table, rock, low infiltration rates or the presence of a hotspot, the remaining volume shall be increased by a multiplier of 1.2 and shall be intercepted and treated in one or more stormwater management practices that provide at least an 80 percent (80%) reduction in total suspended solids loads in accordance with the following criteria: a. It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual; b. Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual or CHAPTER 17: STORMWATER MANAGEMENT Page 341 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy constitutes an alternative practice responsibly designed and documented by the design professional to reproduce the intent of the Georgia Stormwater Management Manual; and c. Runoff from hotspot land uses and activities identified by the Department are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices, and pollution prevention practices. 3. Stream Channel Protection. Protection of stream channels from bank and bed erosion and degradation is provided by using all of the following three (3) approaches: a. Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer; b. 24-hour extended detention storage of the one-year, 24-hour return frequency storm event; and c. Erosion prevention measures such as energy dissipation and velocity control. d. 4. Exemptions. i. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, stream channel protection is not required. ii. Only approach “b” may be waived for sites that discharge directly through piped stormwater drainage systems into larger streams, rivers, wetlands, lakes, estuaries, tidal waters, or other situations where the reduction in smaller flows will not have an impact on stream bank or channel integrity. Overbank Flooding Protection. a. Downstream overbank flood and property protection is provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24hour return frequency storm event. If control of the one-year, 24-hour storm under subsection (a) of this section is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided. For redevelopment projects overbank flood and property protection shall be provided by reducing the peak discharge rate up to the 25-year, 24-hour storm event in accordance with the following formula: i. %PIC/2 = %PDRR 1. PIC = Pre-development Impervious Cover 2. PDRR = Peak Discharge Rate Reduction b. For sites where previous demolition has removed impervious surfaces, pre-development peak discharge rate calculations and percentage of impervious coverage shall be calculated based on pre-demolition conditions. For sites that have been demolished and have remained fallow and stabilized with vegetation for a minimum of five (5) years, they shall be CHAPTER 17: STORMWATER MANAGEMENT Page 342 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy considered as having pre-development conditions of 20 percent impervious cover for purposes of calculating peak discharge rate reduction. c. For land development permitted after 2005 and served by appropriate stormwater management facilities, subsequent redevelopment of the same area is not required to further reduce the peak discharge rate, provided that the site continues to meet the reduction previously achieved. d. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, overbank flooding protection is not required. 5. Extreme Flooding Protection. a. Extreme flood and public safety protection is provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated. b. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, extreme flooding protection is not required. 6. Structural Stormwater Controls. All structural stormwater management facilities are selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the Department before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the City may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased non-point source pollution loads created on the site in question. Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control. 7. Stormwater Credits for Nonstructural Measures. The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Section 17.7.A.2, Water Quality/Runof f Reduction. The applicant may, if approved by the Department, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements that identifies the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual. 8. Drainage System Guidelines. Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, CHAPTER 17: STORMWATER MANAGEMENT Page 343 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy gutters, swales, channels, ditches, and energy dissipaters, are provided when necessary for the protection of right-of-way and private properties adjoining project sites and/or rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements: a. Methods to calculate stormwater flows are in accordance with the stormwater design manual; b. All culverts, pipe systems and open channel flow systems are sized in accordance with the stormwater management plan using the methods included in the Georgia Stormwater Management Manual; and; c. Design and construction of stormwater conveyance facilities are in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual. 9. Dam Design Guidelines. Any land disturbing activity that involves a site that proposes a dam shall comply with the Georgia Safe Dams Act of 1978 (O.C.G.A. § 12-5-370 et seq.) and rules for dam safety, as applicable. B. As-Built. All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer. A final inspection by the Department is required before the release of any performance securities can occur. C. Long-Term Maintenance Inspection of Stormwater Facilities and Practices. 1. The absence of an inspection and maintenance agreement shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater management facility. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 2. For facilities constructed prior to the effective date of this Section the owner or responsible party shall perform proper maintenance of the stormwater maintenance facility as required by the indemnification agreement. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 3. Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this Section. 4. A stormwater management facility or practice is inspected on a periodic basis by the person responsible in accordance with the approved inspection and maintenance agreement or in the absence of an inspection and maintenance agreement, in accordance with the requirements of this Section. If the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Department shall notify the person responsible for carrying out the maintenance plan who is specified in the inspection and maintenance agreement by registered or certified mail. The notice shall specify the measures needed to comply with the agreement and the CHAPTER 17: STORMWATER MANAGEMENT Page 344 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy plan and shall specify the time within which such measures are completed. Failure of the City to provide such notice shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater maintenance facility. If the person responsible fails or refuses to meet the requirements of the inspection and maintenance agreement, the Department may correct the violation as provided in this Section. 5. An annual inspection shall be performed and attested to by a professional engineer with results reported to the City. Any deficiencies noted in either operation or maintenance of the facility must be included in the report along with the proposed remedies required and a timetable for their implementation. If substantial deficiencies are found, a follow-up inspection to confirm correction of said deficiencies shall be performed and reported to the City. D. Records of Maintenance Activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Department. 17.8 Stormwater Management Design Requirements A. Stormwater management requirements may be satisfied through individual on-site stormwater management facilities, including wet ponds, dry detention ponds, or other BMPs designed in accordance with the GSMM, subject to approval by the City Engineer. Where a regional stormwater facility has been designated in an approved watershed or master stormwater plan, the Director may require participation in such facility in lieu of or in addition to on-site controls. B. Stormwater Management Screening. Evergreen vegetative screening shall be provided with a minimum height of three (3) at the time of planting around the pond. C. Stormwater Management Fencing. When a detention structure is over four (4) feet deep or in a location that constitutes a danger to human habitation, it shall be protected by a permanent fence or barrier and warning signs. 1. Fences shall be five (5) foot high chain link or other approved material with a ten (10) foot wide gate. 2. Fences shall be located on the outside edge of the ten (10) foot perimeter easement. 3. No fences may be built that would inhibit proper function of the drainage system. D. Drainage Easements. Drainage easements suitable for the construction and maintenance of the drainage system shall be provided, in compliance with the following provisions: 1. All subdivision lots shall have a ten (10) foot drainage easement along all side lot lines. 2. All stormwater management facilities shall be accessible from a street by a minimum 20-foot graveled easement, which easement shall also be available to the City. 3. All detention facilities shall have a ten (10) foot access easement around the outside perimeter of the facility. 4. No fences or planting of shrubbery shall be allowed on the access easement(s). 5. The easements shall be shown on the final plat. CHAPTER 17: STORMWATER MANAGEMENT Page 345 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 17.9 Stormwater Management Utility 17.9.1 General A. Given the needs, goals, program priorities and funding opportunities identified in the professional engineering and financing analysis, it is appropriate to authorize the formation of an organizational and accounting entity dedicated specifically to the management, maintenance, protection, control, regulation, use and enhancement of stormwater systems in the City in concert with other water resource management programs. B. Stormwater management is applicable and needed throughout the corporate limits of Stockbridge. C. The stormwater needs in the City include, but are not limited to, protecting the public health, safety and welfare. Provision of stormwater management programs and facilities renders and/or results in both service and benefit to all properties, property owners, citizens and residents of Stockbridge in a variety of ways as identified in the professional engineering and financial analysis. D. The City presently owns and operates stormwater management systems and facilities which have been developed over many years. The future usefulness of the existing stormwater systems owned and operated by the City, and of additions and improvements thereto, rests on the ability of the City to effectively manage, protect, control, regulate, use and enhance stormwater systems and facilities in Stockbridge in concert with the management of other water resources in the City. In order to do so, the City must have adequate and stable funding for its stormwater management program operating and capital investment needs. 17.9.2 Establishment of a Utility and Enterprise Fund A. There is hereby established a stormwater management utility within the Stockbridge utility department which shall be responsible for stormwater management throughout the City's corporate limits, and shall provide for the management, protection, control, regulation, use and enhancement of stormwater systems and facilities. Such utility shall be under the direction of a Stormwater Utility Directo. B. The City Manager and City Clerk shall establish a stormwater enterprise fund in the City budget and accounting system, separate and apart from its general fund, for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the utility, including, but not limited to, rentals, rates, charges, fees and licenses as may be established by the City council. All revenues and receipts of the stormwater utility shall be deposited promptly upon receipt into the stormwater enterprise fund, to be held and invested in trust for the purposes dedicated, and expended exclusively for purposes of the utility, including capital project construction. No other funds of the City shall be deposited in the stormwater enterprise fund or commingled with dedicated stormwater revenues, except that other revenues, receipts and resources not accounted for in the stormwater enterprise fund, including, but not limited to, grants, transfers of City funds, loans and bond proceeds may be combined with and applied to stormwater management capital projects as deemed appropriate by the City Council, upon recommendation of the City manager. C. The City Council hereby transfers to the Stormwater Utility Director operational control over the existing stormwater management systems and facilities owned and heretofore operated by the City and other related assets, including, but not limited to, properties upon which such facilities are located, easements, rights-of-entry and access and certain equipment. CHAPTER 17: STORMWATER MANAGEMENT Page 346 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 17.9.3 Responsibility A. The stormwater management utility shall be responsible for stormwater management throughout the corporate limits of the City. The utility shall provide for the conservation, management, protection, control, use and enhancement of stormwater through planning, acquisition, construction, installation, management, operation, maintenance, regulation, extension and improvement of the public stormwater systems to collect, control, convey, store, detain, retain, recharge and treat stormwater and through regulation of stormwater management systems on private property. It shall be the long-term objective of the City to provide a comparable and consistent level of stormwater service to similarly situated properties throughout the service area. B. The system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or man made, within the political boundaries of the City of Stockbridge which control and/or convey stormwater through which the City intentionally diverts surface waters from its public streets and properties. The City owns or has legal access for purposes of operation, maintenance and improvements to those segments of this system which: 1. Are located within public streets, rights-of-way and easements; 2. Are subject to easements, rights-of-entry, rights-of-access, rights-of-use or other permanent provisions for adequate access for operation, maintenance and/or improvement of systems and facilities; or 3. Are located on public lands to which the City has adequate access for operation, maintenance and/or improvement of systems and facilities. C. Operation and maintenance of stormwater systems and facilities which are located on private property or public property not owned by the City and for which there has been no public dedication of such systems and facilities for operation, maintenance and/or improvement of the systems and facilities shall be and remain the legal responsibility of the property owner, or its occupant, or the homeowner's association in the case of a development, except as that responsibility may be otherwise affected by the laws of the State of Georgia and/or the United States of America. Where no dedication has been made and a private individual, entity or homeowner's association becomes responsible for the maintenance of a facility or pond following the expiration of the developer's four-year maintenance bond, an easement in favor of the City shall be required. If, at any time, a responsible party fails to maintain a stormwater facility or pond in the manner contemplated by the City, then the City will act to maintain the facility or pond. The private party shall remain responsible for all costs incurred for that maintenance provided by the City. D. It is the intent of the ordinance codified in this chapter to protect the public health, safety and general welfare of all properties and persons in general, but not to create any special duty or relationship with any individual person or to any specified property within or without the boundaries of the City of Stockbridge. The City expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the City, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created. To the extent any permit, plan approval, inspection or similar act is required by the City as a condition precedent to any activity by or upon property not owned by the City, pursuant to the ordinance codified in this chapter or any other regulatory ordinance, regulation or rule of the City or under Federal or State law, the issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall afford the basis for any action, including any action based on failure to permit or negligent CHAPTER 17: STORMWATER MANAGEMENT Page 347 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy issuance of a permit, seeking the imposition of money damages against the City, its officers, employees or agents. 17.9.4 General Funding Policy A. It shall be the policy of the City that funding for the stormwater utility is equitably derived through methods that have demonstrable relationships to the varied demands and costs imposed on the stormwater systems and programs and/or the level of service provided as a result of the provision of stormwater services and facilities. B. Service charges for stormwater management shall be fair and reasonable and shall bear a substantial relationship to the cost of providing services and facilities. The cost of stormwater services and facilities may include administrative, operating, capital investment, debt service, engineering and planning and reserve expenses, and may also include related regulatory expenses associated with watershed management requirements. Properties shall be charged rentals, rates, charges, fees or licenses in proportion to their related cost of service impact. C. Service charge rates shall be designed to be consistent and coordinated with the use of other funding methods employed for stormwater management by the City, whether within or outside the stormwater utility, including, but not limited to, plan review and inspection fees, special fees for services, fees in lieu of regulatory requirements, impact fees, system development charges and special assessments. 17.9.5 Stormwater Management Utility Service Charges A. There are hereby established stormwater management utility service charges that shall be billed to all properties in the Stockbridge service area, except as specific exemptions or credits may allow for in the ordinance codified in this chapter or shall allow in future ordinances or amendments to this chapter. The stormwater management utility service charges may, but are not required to, include a service rate charge applied to each property. The service rate charge, if applied, shall be related generally to the amount and quality of runoff discharged to the public stormwater systems and stormwater receiving waters and to the costs of services associated with stormwater management. The service charge may also include a base rate charge for certain costs of service common to all stormwater management accounts, and/or special service charges to persons, entities or properties that require services and/or facilities not commonly needed by all persons, entities or properties. B. The service rate charge, if applied, shall be reflective of the cost of providing services and facilities to properly control stormwater runoff quantity and quality. The three (3) most important factors in the City's present cost of providing stormwater management services and facilities to individual properties are: 1. The size of each property; 2. The amount of impervious area on each property; and 3. The number of parcels in the service area. C. A base rate charge, if applied, shall be structured to recover those stormwater management costs of service that are not related to the size of individual properties or the amount of impervious area on individual properties, and may include, but are not limited to, the cost of billing and accounting for service charges to each account and other administrative and overhead expenses. D. Special service charges, if applied, shall be structured to recover the cost of providing to certain persons, CHAPTER 17: STORMWATER MANAGEMENT Page 348 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy entities and properties types or levels of stormwater management services that are not commonly required by all stormwater service charge ratepayers. Such services may include, but are not limited to, private development plan review and inspection, site inspections to verify the operational condition of onsite stormwater management systems, such as private detention/retention and conveyance facilities, monitoring and mitigative activities related to conditions on individual properties that impact water quality and actions to abate conditions on private properties that do not comply with adopted City standards and/or that interfere with proper stormwater management and have been determined to constitute a public nuisance. E. The professional engineering and management analysis conducted for the City determined that properties within the City service area classified as single-family residential property can be equitably and fairly charged based on a two-tier grouping according to the number of ERUs and parcel area. This method greatly simplified the computation of charges and reduces significantly the costs associated with individually unique parcel measurements. 1. Tier 1. Include all parcels up to 10,000 square feet in size and are assessed one (1) ERU; 2. Tier 2. Include all parcels greater than 10,000 square feet in size and are assessed two (2) ERUs. F. The Mayor and City Council hereby adopt these values as representative of the conditions of single-family residential property in Stockbridge. These values shall serve as the basis on which service rate charges will be calculated. G. Each single-family residential property shall be billed a stormwater service rate charge for the number of ERUs and the whole number of acres of parcel area. H. Tier 1 and Tier 2 parcels are assigned an acreage charge based on the actual acreage to the next whole integer. I. Properties classified as nonresidential shall be billed on the basis of the number of ERUs and acres calculated to exist. Each acre or fraction thereof and ERU or fraction thereof shall be charged a service rate charge at the rate per ERU of impervious area and each acre unit as defined below. J. The method of calculating the service rate charge for all properties shall be as follows: Parcel Fee = (IR) x (ERUs) + (AR) x (AU) + (AF) IR is the impervious area rate as established by this chapter or by amendment to this chapter. It is applied to the number of ERUs rounded to the next whole number. An ERU is defined as two thousand (2,000) square feet of impervious area. AR is the gross area rate as established by this chapter or by amendment to this chapter. It is applied to the number of acre units (AUs) in the parcel rounded to the next whole acre. AF is the administrative cost factor established by this chapter or by amendment to this chapter. The AF is applied as a fixed uniform flat charge to each parcel. K. The annual IR per ERU for the service rate charge applicable to each property shall be fifteen dollars and seventy cents ($15.70) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. L. The annual AR per AU for the service rate charge applicable to each property shall be zero dollars ($0.00) unless modified to equitably account for special conditions on an individual property, adjusted for a CHAPTER 17: STORMWATER MANAGEMENT Page 349 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. M. The annual base rate charge AF per each billed account shall be three dollars and sixty-six cents ($3.66) unless changed hereafter by ordinance. 17.9.6 Exemptions and Credits Except as provided in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exception, credit, offset or other reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities. A stormwater utility service charge credit technical manual will be prepared by the City's consulting engineers specifying the design and performance standards of on-site systems, facilities, activities and services which quality application of a service charge credit, and how such credits shall be calculated. This manual will be separately approved by the City Council and, by reference, incorporated herein. A. Undeveloped land as defined in this chapter shall be exempt from stormwater service charges. B. Developed land other than individual detached dwelling units, including, but not limited to, multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, public streets, roads, alleys and byways, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs and water and wastewater treatment plants may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit may be up 100 percent (100%) of the service charge applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services and activities provided, operated and maintained by the property owner reduce or mitigate the stormwater utility's cost of providing services and facilities. C. Groups of detached dwelling units represented by an incorporated homeowner's association providing on- site systems, facilities, services or activities which reduce or mitigate the stormwater utility's cost of providing services and facilities may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit available to groups of detached dwelling units may be up to 100% of the service charge applicable to the individual properties, and shall be proportional to the extent that on site systems, facilities, services and activities provided, operated and maintained by the homeowners association reduce or mitigate the stormwater utility's cost of providing services and facilities. D. Any credit allowed against the service charge is conditioned on continuing compliance with the City's design and performance standards as stated in the stormwater utility service charge credit technical manual and/or upon continuing the provision of the systems, facilities, services and activities provided, operated and maintained by the property owner or owners upon which the credit is based. A credit may be revoked by the City at any time for noncompliance. E. In addition to the foregoing credits based upon the design and performance of on-site systems, an educational credit shall be available to all public and private schools or school systems which agree to teach the WATER WISE program, an environmental science curriculum approved by the Georgia CHAPTER 17: STORMWATER MANAGEMENT Page 350 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Department of Education, in grades one (1) through twelve (12). The educational credit may be up to 50% of the service charge applicable to a school property, and shall be proportional to the extent the approved curriculum is taught. Educational credits may be taken in conjunction with any other credit available under this section. The superintendent of schools shall certify annually to the Stormwater Utility Director, before August 1, the extent to which the curriculum was taught. 17.9.7 Billing, Delinquencies, Collections A. Stormwater management utility service charges shall be billed and collected in the manner and at the interval deemed most efficient by the City and shall be payable in accordance with the rules and regulations of the City finance department as applied generally to all bills. A stormwater service charge bill may be sent through the United States mail or by an alternate means notifying the customer of the amount of the bill, the date the payment is due and the past due date. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land, as shown from public land records of Henry County, shall be ultimately obligated to pay such fee. If a customer is under billed or if no bill is sent, the City may back bill for a period of up to one (1) year, but shall not assess penalties for any delinquency. A one and one-half percent (1.5%) per month late charge shall be billed based on the unpaid balance of any stormwater management utility service charge that becomes delinquent. B. The stormwater service charge may be billed on a common statement and collected with other utility services through separate bills or any other method by which the City could bill property owners. C. Any stormwater management utility service charge or portion of a service charge not paid when due may be recovered in an action at law or equity by the City. D. In addition to any other remedies or penalties provided by the ordinance codified in this chapter or any other ordinance of the City, failure to pay any utility service charge when billed in conjunction with another utility bill may result in a discontinuance of any or all other utility services provided by the City or by other with whom contractual agreements provide for discontinuance of service for nonpayment. The owner of each property, building, premises, lot or house shall be obligated to pay such fee, which shall be enforceable by the City by action at law or equity. E. No lien shall be imposed for delinquent collections unless a judgment is first obtained from a court of competent jurisdiction. F. Suits for collection shall be commenced by the City in the county of the owner's residence; provided, however, if the owner is not a resident of this State, suit may be filed in the Superior or State Court of Henry County, Georgia. If a suit is instituted by the City for collection, the owner shall pay court costs, litigation expenses and reasonable attorney's fees incurred by the City. G. If suit is instituted for the collection of any fees due hereunder or for the enforcement of the provisions of this Chapter, the owner shall pay the court costs, litigation expenses and reasonable attorney's fees associated therewith. 17.9.8 Appeals Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner: A. An appeal must be filed in writing with the City Stormwater Utility Director within 30 days of the action CHAPTER 17: STORMWATER MANAGEMENT Page 351 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy causing the appeal. In the case of service charge appeals, the appeal shall include a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area and any other features or conditions which influence the hydrologic response of the property to rainfall events. B. Based on the information provided, a technical review shall be conducted by the Stormwater Utility Director and a written determination will be issued within thirty (30) days of receipt of the appeal stating whether an adjustment to the service charge is appropriate and, if so, the amount of such adjustment. The written decision will be served on the appellant personally or by registered or certified mail, sent to the billing address of the appellant, or by email, sent to the email address of the appellant provided in the appeal. C. In response to an appeal, the Stormwater Utility Director may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this Chapter. D. A decision by the Stormwater Utility Director which is adverse to an appellant may be further appealed to the City Manager within thirty (30) days of receipt of notice of the adverse decision. Notice of the appeal shall state the grounds for the appeal. The City Manager shall issue a written decision on the appeal within thirty (30) days of receipt of the appeal. E. If the person or entity seeking adjustment or relief from the service charge desires, the decision of the City Manager may be appealed in writing to the Mayor and City Council, in accordance with Section 11.3, Appeals of Administrative Decisions. Such appeals must be made within 30 days of the decision of the City Manager and include a written basis for the appeal. F. This appeal process shall not interfere with the rights of the person or entity to seek judicial relief in a court of competent jurisdiction but shall be exhausted before judicial relief is pursued. Any appeal to the Superior Court of Henry County must be filed within 30 days of the decision of the Mayor and City Council. G. Notices of the appeal and decisions shall be served personally or delivered by registered or certified mail to the address of record or delivered by or by email to the email address of the appellant provided in the appeal. 17.9.10 Effective Date of Stormwater Charges Stormwater service charges shall accrue beginning January 1, 2022, and shall be billed periodically thereafter to customers, except as specific exemptions and credits may apply. CHAPTER 17: STORMWATER MANAGEMENT Page 352 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 18: GUARANTEES AND SURETIES 18.1 Generally 18.1.1 Surety Required Before plat recordation, land development permit, building permit, or other project close-out, the Director shall certify that the developer/subdivider/applicant has obtained the necessary bonds, other sureties, and/ or agreements that ensure completion of all required public and private improvements on the subject property. 18.1.2 Sureties Accepted Three types of guarantees and sureties shall be provided for as a part of the Final Plat approval and/or development permitting processes in accordance with the provisions herein: A. Performance guarantees. B. Maintenance guarantees. C. Maintenance agreements/inspections. 18.2 Performance Guarantees 18.2.1 Purpose Performance guarantees shall be allowed for required site improvements (public or private) not yet completed at the time a Final Plat or project closeout is desired. Instead of requiring the completion, installation, and dedication of any and all improvements prior to approval of a Final Plat or certificate of occupancy or certificate of completion, the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to complete all required improvements prior to the release of the performance guarantee. 18.2.2 Performance Guarantee Amounts The performance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 1.5 times the entire cost, as estimated by the developer or subdivider and verified by the City, of installing all outstanding required improvements. 18.2.3 Duration The duration of the performance guarantee shall be no longer than 12 months for all required improvements, except for roadway improvements, which shall have a duration of four (4) years. The duration for roadway guarantees may be extended beyond four (4) years at the discretion of the City. In all cases, guarantees may be released earlier if the associated improvements are accepted by the City prior to the expiration of the applicable duration. 18.2.4 Financial Security Renewals A. For roadway improvements, the initial financial security shall remain in effect for a period of one (1) year CHAPTER 18: GUARANTEES AND SURETIES Page 353 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy and may be renewed for up to three (3) additional one-year terms, not to exceed a total duration of four (4) years subject to conditions as specified by the City. The developer shall be responsible for maintaining continuous and adequate financial security throughout the duration of the project. B. If, due to unforeseen circumstances, the City determines that an extension beyond four (4) years is warranted, such extension may be granted at the discretion of City. Prior to granting an extension beyond the four-year limit, the developer shall submit a current cost estimate for all remaining work to the City. The City shall review the submitted cost estimate and the remaining scope of work to verify that the existing financial security is sufficient to cover the cost of completing the improvements. If the City determines that the financial security is not adequate, the developer shall be required to provide an additional amount of financial security in a form acceptable to the City to ensure the full completion of the remaining improvements. 18.2.4 Forfeiture Performance guarantee funds shall be forfeited if the required improvements are not completed and accepted by the City within 12 months, or in the case of roadway improvements, at the time of financial security renewal if the developer fails to renew the financial security prior to the completion and acceptance of the improvements. 18.3 Maintenance Guarantees 18.3.1 Purpose Maintenance guarantees shall be allowed for all improvements to be publicly dedicated and/or maintained (e.g.: streets, sidewalks, landscaping) to guarantee the quality and ongoing performance of the installations. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and living condition all applicable improvements prior to the release of the maintenance guarantee. 18.3.2 Maintenance Guarantees Amounts The maintenance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 60 percent of the construction value for all public improvements, as estimated by the developer or subdivider and verified by the City. 18.3.3 Duration The duration of the surety shall be for a period of 24 months following the date of approval of a Final Plat or final certificate of occupancy or certificate of completion. 18.3.4 Forfeiture Maintenance Guarantees shall be forfeited if the improvement fails to be kept in good repair and condition prior to the release of the maintenance guarantee. CHAPTER 18: GUARANTEES AND SURETIES Page 354 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 18.4 Maintenance Guarantees (Stormwater) 18.4.1 Purpose Stormwater maintenance guarantees shall be provided for the ongoing maintenance of stormwater management facilities and features. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and working order all applicable improvements prior to the release of the maintenance guarantee. 18.4.2 Maintenance Guarantee for Stormwater Facilities Amount The stormwater maintenance guarantee shall be payable to the City and shall be in an amount equal to $5.00 per cubic foot of storage provided by the stormwater management facility, as estimated by the developer or subdivider, and verified by the City. The guarantee shall be accompanied by the appropriate agreements outlined in Section 18.5, Maintenance Agreements/Inspections (Stormwater). 18.4.3 Duration The duration of the surety shall be for a period of 24 months following the date of the approval of a final plat or final certificate of occupancy or certificate of completion. 18.5 Maintenance Agreements/Inspections (Stormwater) 18.5.1 Required for Private Stormwater Facilities Prior to the issuance of any project close-out, final plat, or certificate of completion/occupancy requiring a stormwater management facility or practice hereunder and for which the City requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site. 18.5.2 Agreement, Generally A. Recordation Required. The inspection and maintenance agreement, if applicable, must be approved by the City prior to approval, and recorded in the deed records of the office of the Clerk of the Superior Court of Henry County, Georgia. B. Inspector Required. The inspection and maintenance agreement shall identify, by name or official title, the person(s) responsible for carrying out the inspection and maintenance. C. Owner Responsibility 1. Responsibility for the operation and maintenance of a stormwater management facility shall remain with the property owner and shall pass to any successor owner, unless an agreement with the City is made whereby the City takes ownership of the facility. 2. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible CHAPTER 18: GUARANTEES AND SURETIES Page 355 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy for its inspection and maintenance. D. Schedule Required 1. As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice, including their associated landscaping measures. 2. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof. E. City Enforcement. In addition to enforcing the terms of the inspection and maintenance agreement, the City may also enforce all of the provisions for ongoing inspection and maintenance. 18.6 Authorized Guarantee Types 18.6.1 Mixture of Guarantees is Allowed The developer or subdivider shall provide either one, or a combination, of the following guarantees in the amounts and durations specified in this Section 18.6, Authorized Guarantee Types. Any expenses associated with the cost verification by the City shall be paid entirely by the applicant. 18.6.2 Bond Bonds shall be secured from a surety bonding company authorized to do business in the state. The bond shall be payable to the City. 18.6.3 Cash or equivalent security The developer or subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the City or in escrow with a financial institution designated as an official depository of the City. 18.6.4 Escrow Cash or other instrument is deposited in escrow with a financial institution as provided above, then the applicant shall file with the City of Stockbridge an agreement between the financial institution and the applicant guaranteeing the following: A. That said escrow amount will be held in trust until released by the Director and may not be used or pledged by the applicant in any other transaction during the term of the escrow; and B. That in case of a failure on the part of the developer or subdivider to complete said improvements/maintenance, the financial institution shall, upon notification of the City to the financial institution of an estimate of the amount needed to complete the improvements, immediately pay to the City the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the City any other instruments fully endorsed or otherwise made payable in full to the City. CHAPTER 18: GUARANTEES AND SURETIES Page 356 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 18.7 Default and Forfeiture 18.7.1 Failure to Complete Improvements Upon default, meaning failure on the part of the applicant to complete the required improvements in the time allowed by this UDC, or as spelled out in the performance or maintenance bond or escrow agreement, then the surety, or financial institution holding the escrow account, shall, if requested by the City, pay all or any portion of the bond or escrow fund to the City up to the amount needed to complete the improvements or maintenance based on an estimate by the City. 18.7.2 Notification of Default A. Notification may take place following abandonment of the project for more than 90 continuous days. Upon payment, the City, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The City shall return to the applicant any funds not spent in completing the improvements. B. The City will provide written notice to the applicant or responsible party of bond default 30 days prior to the abandonment of the project. C. The written notice of notification shall at least contain the following information: a. The name and address of the applicant or responsible party; b. The name and address of the surety company, if applicable; c. The address or other description of the site; d. A description of the outstanding improvements that are required to be completed; and e. The deadline or completion date of any required improvements D. If the applicant has not completed the required improvements by the required deadline or completion date, the bond shall be defaulted. E. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 11, Variances and Appeals. 18.8 Release of Surety 18.8.1 Inspection and Acceptance Required The City may release a portion of any security posted as the improvements are completed or the maintenance period completed and approved by the Director. When the Director approves said improvements, the Director shall inspect the premises, and if work is found to be completed and satisfactory in accordance with ordinance regulations and approved plans, the Director shall release the portion of the security posted which covers the approved cost of the improvements and maintenance of satisfactorily completed work that was subject to the security. It shall be the responsibility of the applicant to petition the City for release of guarantees and sureties and to warrant that all improvements subject to the guarantee or surety have been completed to fulfill the requirements of this UDC. CHAPTER 18: GUARANTEES AND SURETIES Page 357 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy CHAPTER 19: ACRONYMS AND DEFINITIONS 19.1 Acronyms Acronyms: AASHTO – American Association of State Highway Transportation Officials ADA – Americans with Disabilities Act ADU – Accessory Dwelling Unit AMI – Area Median Income Avg – Average BMP—Best management practices (i.e. BMP plan) BTL—Build-to line CC – Certificate of Completion CLOMA—Conditional letter map of amendment CLOMR—Conditional letter of map revision CO – Certificate of Occupancy CPESC – Certified Professional in Erosion and Sediment Control CSD—Conservation subdivision development DBH—Diameter at breast height DCA—Department of community affairs DHR—Department of human resources DNR—Department of natural resources DRI – Department of Regional Impact EPA – Environmental Protection Agency FAA—Federal Aviation Administration FCC—Federal Communications Commission FEMA—Federal Emergency Management Agency FHBM—Flood hazard boundary map FIRM—Flood insurance rate map FIS—Flood insurance study GSMM—Georgia Stormwater Management Manual HCWSA—Henry County Water and Sewer Authority HPB— Historic preservation board HVAC—Heating, ventilation, and air conditioning ICWPA—Indian Creek Watershed Protection Area LIA—Local Issuing Authority LBCS—Land based classification standards LBWPA—Long Branch Creek Watershed Protection Area MCC— Mayor and city council MNGWPD—Metropolitan North Georgia Water Planning District MRPA—Metropolitan River Protection Act NEPA – National Environmental Policy Act NGVD—National Geodetic Vertical Datum NOI—Notice of Intent NOT—Notice of Termination NPDES – National Pollutant Discharge Elimination System NWI—National Wetland Inventory O.C.G.A.—Official Code of Georgia Annotated OHSA – Occupational Safety and Health Administration PC—Planning commission PD—Planned development PODS – Portable on-demand storage units RFN—Residential fly-in neighborhood RNC—Rural neighborhood commercial ROW—Right-of-way RPZ—Runway protection zone RV—Recreational vehicle SF or Sq. Ft. – Square Feet WCF—Wireless communication facility WPA—Watershed protection area CHAPTER 19: ACRONYMS AND DEFINITIONS Page 358 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 19.2 Definitions For the purposes of this unified development code in addition to their common meanings certain words and terms used herein, unless the context otherwise requires, shall be defined and interpreted as follows. The use of the singular includes the plural and the plural the singular; the present tense includes the future; the use of "shall" means the action is mandatory, the use of "may" or "should" means the action is optional. Any masculine pronoun shall be deemed to refer to a person, whether male or female. To the extent the definition of a term defined herein conflicts with the definition of such term as defined in Merriam-Webster's Dictionary, the definition in the existing Stockbridge Municipal Code shall govern. All terms not defined herein shall be defined within the Merriam-Webster's Dictionary. Terms not found in the Stockbridge Municipal Code shall be defined as in the Official Code of Georgia Annotated. A "Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery. "Abandonment" means the relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with neither transferring rights to the property to another owner nor of resuming the use of the property. “Abatement” means the method of reducing the degree and intensity of pollution, nuisance, or identified area of non-compliance with this Development Code. “Absorption” means the penetration of one substance into or through another; or, the length of time it takes for a product or real estate to be sold or rented. “Abut” means to physically touch or border on; or to share a common property line but not overlap. “Acceleration lane” means an added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream. “Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. “Access management plan” means a plan showing the design of access upon a lot. It involves planning for the entry and exit of traffic on major roads in such a way as to keep interference with traffic flow to a minimum and maximize public safety. “Access permit” means a permit issued by the appropriate governmental agency for the construction, maintenance, and use of a driveway or public street connecting to a highway. “Accessible design” means accessible generally means that environments, objects, and systems meet prescribed requirements for accessibility for people with disabilities. “Accessible route” means a continuous, unobstructed path connecting all accessible elements and spaces of a building or facility. "Accessory equipment" means any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or other structures. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 359 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Accessory structure" means a structure which is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or principal use, and does not alter or change the character of the premises; is located on the same lot as the primary building, structure, or use. "Accidental discharge" means a discharge prohibited by this Chapter which occurs by chance and without planning or thought prior to occurrence. “Acre” means a measure of land containing 43,560 square feet. “Activity center” means a community focal point providing for the combination, rather than scatteration, of general retail, service, commercial, professional office, higher density housing, and appropriate public/quasipublic uses. “Adaptive reuse” means the development of a new use for an older builder or for a building originally designed for a special or specific purpose. "Addition to an existing building" means 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. “Adjoining lot or land” means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. See “Abut”. "Administrative variance" means a grant of relief by the administrator from specified standards of the unified development code and where such a waiver will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. "Administrator" means the individual or group responsible for the implementation and enforcement of the ordinance. The Community Development Director, or their designee, shall be the administrator for the zoning ordinance. "Adult day care" means a facility that provides support for elderly individuals (and their families, if present), who do not function fully independently, but who do not need twenty-four-hour nursing care. "Adult entertainment establishment" means any establishment featuring live performances, films, still pictures, electronic reproductions, or video with graphic or other visual images distinguished or characterized by an emphasis on sexual conduct or sexual explicit nudity. Adult entertainment establishments include, but are not limited to, adult bookstores, adult dance establishments, adult motion picture arcades, adult movie theaters, and adult video stores. “Adverse impact” means a condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities. Adverse impacts usually related to circulation, erosion, drainage, potable water, sewage collection and treatment, but may also relate to lighting and glare, aesthetics quality of life, and environmental impact. "Aerial view sign" means any sign which is designed primarily to be viewed from above, rather than the standard grade of the ground, vehicles, and local buildings. Aerial view signs may be mounted on roofs or on the ground, but are generally installed in a manner that is not conducive to being interpreted in the immediate ground-level vicinity. “Affordable housing” means housing with sales price or rent within the means of a low-, middle-, or moderate-income household as defined by state or federal legislation. Not necessarily the same as subsidized housing. "Aggregate sign area" means the total area of all signage on a particular lot. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 360 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Aggrieved person” means a person, organization, or entity with a direct, substantial, and legally protectable interest in land or property that may be adversely affected by a decision or determination under this Code. “Agrarian” means relating to the use of land for agriculture, particularly the cultivation or growth of a field or horticultural crop, including dairying, livestock, and poultry raising. “Agricultural building” means a structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown or raised on the premises. “Agricultural land, prime” means land that qualifies for a rating as Class I in the US Department of Agriculture (USDA) Soil Conservation Service land-use capability classification. "Agriculture" means cultivating the soil, producing crops and raising of livestock (farming, and associated activities) upon one (1) or more tracts of land containing not less than three (3) acres. Selling of products raised on the premises shall be considered a permissible activity; provided, that space for the off-county right-of-way parking is available to customers. “Agricultural services” means establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services, and farm labor and management services. “Agri-tourism” means agricultural uses such as farms, ranches, and vineyards, that, through promotion and advertising, facilities, and activities seek to attract visitors and guests. Also includes agri-tainement. Events and activities, such as mazes, hayrides, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agricultural support and services directly associated with ongoing agricultural activity on-site. Examples of agritourism include dinner on the farm where paid meals are prepared for members of the public from products of the farm, roadside markets, winery, agricultural craft and gift sales, garden and nursery sales, and special events. "Aircraft" means any vehicle used or designed for flight in the air. "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft. The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and freight. "Alleys" or "alleyways" means a private alley located in the rear of residential uses that provides residents with vehicular access to their residences. Alleys shall be maintained by the adjoining property owners, homeowners' associations or condominium/apartment associations. Alleys shall be constructed to meet the following requirements: Private alleyways shall be a minimum of eighteen (18) feet in width and sixteen (16) feet thereof shall be paved with concrete or asphalt. Concrete alleys shall be reinforced and have a minimum depth of six (6) inches with appropriate base. Asphalt alleys shall consist of a minimum of two (2) inches of type "E" or "F" asphalt topping, binder, and six (6) inches of graded aggregate base. Private alleys, at a minimum, shall be constructed to provide adequate turning radii onto public streets, driveways, residential parking garages and carports for full-size, noncommercial, two-axle vehicles. Curbs and gutters are not required. Private alleyways shall not have dead ends but, in limited circumstances and upon specific approval by the city, may have cul-desacs where the alley serves a small number of residences or the topography of the land makes an exit impracticable. "Alteration" means a change in size, shape, character, occupancy or use of a building or structure. "Alteration, structural" means any change in the supporting elements of a building such as bearing walls, columns, beams, or girders. "Amendment" means any repeal, modification, or addition to a regulation; or any new regulation. "Amenities" means the area(s) set aside for active and passive recreation for the residents inside the CHAPTER 19: ACRONYMS AND DEFINITIONS Page 361 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy development according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas, and other facilities for sports activities. "Amenity area" means the area(s) set aside for active and passive recreation for the residents inside the PTD (or for the public) according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas, or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas and other active recreational facilities. “Americans with Disabilities Act (ADA)” means a 1990 federal law designed to bring Americans with disabilities into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services. "Amphitheater" means an open-air venue used for entertainment, performances, and sports. An amphitheater is a circular or oval open-air venue with tiered seating surrounding a central open area, while a theater can be either indoor or outdoor and is designed for performing arts. "Amusement park (outdoor or indoor)" means land designed to be used by the public for a fee that contains amusement facilities, such as merry-go-rounds, race car and bike tracks, outdoor motion picture theaters, paint ball courses, driving ranges, miniature golf courses, skateboard rinks, and similar uses for entertainment. “Animal hospital” means a Facility for the medical treatment and temporary boarding of domestic animals operated under the supervision of a licensed veterinarian. “Animal kennel” means any structure or premises in which animals are boarded, groomed, bred, or trained for commercial gain. “Animal shelter” means a facility used to house or obtain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. "Animated sign" means a sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, hand-powered, or electronic means, including wind-activated elements such as spinners and aerial devices, to depict action or create a special effect or scene. “Annexation” means the incorporation of land area into an existing community with a resulting change in boundaries of that community. “Antique shop” means a store or shop for the sale of relics, works of art, furniture, or decorative objects made at much earlier time period than the present. "Apartment" means a type of multifamily dwelling, with private bath and kitchen facilities or combination living space and commercial building, arranged, intended, designed, or occupied on a rental basis. "Apartment building" means a type of multifamily dwelling arranged, intended, designed, or occupied on a rental basis. "Appeal" means a request for a formal review of an appointed administrative official's decision regarding provisions of this unified development code. "Applicant," means a person submitting an application and plan for approval. “Application for development” means the application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review and approval purposes. "Approach surface" means the area longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 362 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Approved plan” means a plan that has been granted final approval by the appropriate approving authority. “Approving authority” means the agency, board, group, or other legally designated individual or agency that has been charged with the review and approval of plans and applications. "Arcade" means a roofed passageway, lane, or area supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery contiguous to a street or plaza that is open provides public access to building entrances, retail space and/or public space and is accessible to the public. An arcade may be especially one (1) with shops on one (1) or both sides or a commercial establishment featuring rows of coinoperated games. "Arch" means a structure forming the curved, pointed, or flat upper edge of an open space and supporting the weight above it, as in a bridge or doorway. “Architectural projections” means building projections that are permitted to intrude into the required front, rear, and side yards. "Area of future-conditions flood hazard" means the land area that would be inundated by the one-percentannual-chance flood based on future-conditions hydrology (one hundred-year future conditions flood). "Area of shallow flooding" means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" means the land area subject to a one percent (1%) or greater chance of flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation designated as zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM). "Art studio" means an area in a building used for creation, production, rehearsal, study or teaching of any visual art or craft, including, but not limited to, painting, drawing, graphic design, photography, video, film, sculpture and pottery; written works of fiction or nonfiction; or any performing art, whether for live or recorded performance, including music, dance and theater. "Artist studio" may include performance space related to classes taught on-site and recording studios; a studio for artisan related crafts, such as small scale metalworking, glassblowing, furniture making, pottery, leather craft and similar activities. "Artist studio" may also include accessory sales of art produced on the premises. "Artist" means a person who practices one (1) of the fine arts, design, graphic, musical, literary, computer, or performing arts; or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists and photographers; performing arts, such as musicians, composers, playwrights, choreographers and dancers; literary arts, such as creative writers and literary translators; architecture and design, such as architects, landscape architects, engineers, urban designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers; and media arts, such as filmmakers, video and audio artists and web-based designers. "As-built plan" means a plan and supporting documentation which describes a particular site after construction has been completed. This plan should indicate all structures, hard surface features, utilities, landscaping areas, tree preservation zones, and tree replacement areas. "Assisted living facility" means a state-licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services within independent living units which could include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 363 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Athletic field" means open land used for outdoor games such as baseball, football, soccer and other field sports. "Authority" means the Henry County Water and Sewerage Authority or the Clayton County Water Authority. "Automobile sales" means the use of any building, land area, or other premise for the display and sale of new or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use. An automobile service station is neither a repair nor a body shop. "Automobile service station" means a building or premises where products necessary for automobile service or maintenance are sold; provided, there is no storage or dismantling of automobiles and only minor services are rendered. "Automotive service, major" means repair services to motor vehicles which require substantial replacement and/or repair of major components. Examples of major automotive repair services include, but are not limited to, transmission repairs/replacement, engine overhaul and radiator repair. Any repair services to construction equipment, agricultural equipment, commercial highway tractors, or dump trucks shall be considered major automotive services. "Automotive services, minor" means repair and maintenance services which require only very brief adjustment and replacement of minor components. Examples of minor automotive services include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement and alignment. B “Back-to-back lots” means separate land parcels that have at least half of each rear lot line coterminous. "Banner sign" means a sign made of flexible materials and supported along one or more sides or at two or more corners by one or more fixed, rigid sup ports, such as poles or rods. “Bar” means an establishment in which alcoholic beverages are served for on-site consumption, primarily by drink. Synonym Tavern. “Barn” means a large farm building used for storing grain, hay, or straw, or housing livestock or storing equipment. See: Agricultural Building. “Base flood” means the minimum magnitude flood to be used by a community as a basis for its floodplain management regulations; presently required by regulation to be that flood which has a one-percent change of being equaled or exceed in any given year. "Base flood elevation" means the highest water surface elevation anticipated at any given location during the base flood. "Basement" means that portion of a building that is partly or completely below grade where the finished floor level of the floor above the level under construction is: (1) Six (6) feet or less above the grade plan. (2) Six (6) feet or less above the finished ground level for more than fifty percent (50%) of the total building perimeter. (3) Twelve (12) feet or less above the finished ground at any point. "Bed and breakfast facility" means a private residence that offers sleeping accommodations to lodgers in six (6) or fewer rooms for rent, in the owner or operator's principal residence while renting rooms to lodgers, and serves breakfasts at no extra cost to its lodgers. For the purpose of this definition, a lodger means a person who rents a room in a bed-and-breakfast establishment for fewer than thirty (30) consecutive days. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 364 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Bedroom" means a room that has a closet. "Bench sign" means a sign applied or affixed to a seat, bench, or other piece of street furniture. “Berm” means an earthen structure used as a screening device in conjunction with the planting of grass, shrubbery and trees. "Best management practices" means a collection of structural practices and measures written by a state agency or other known authority which, when properly designed, installed and maintained, will prove effective in the areas of erosion and sedimentation control, silviculture, stormwater, etc. The term "properly designed" means 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(b). "Best management practices plan (BMP plan)" means a plan consisting of a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. "BMP landscaping plan" means a design for vegetation and landscaping that is critical to the performance and function of the BMP, including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific). “Bicycle (bike)” means a device propelled solely or in part by human power having tow or more wheels in tandem, including children’s bicycles, except a toy vehicle intended for use by young children, such as a tricycle. “Bicycle lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for Bicycle Lane is five feet and traffic flow is one-way. “Big box store” means a large, freestanding, single-story retail store, of generally more than fifty thousand square feet, and usually part of a regional or national chain. “Bike lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for a Bicycle Lane is five feet and traffic flow is one-way. “Bike path” means (1) a facility that is paved or unpaved and physically separated from motorized vehicular traffic by an open space or barrier; (2) a designated right-of-way for bicycles, separated from pedestrian and motor vehicles. “Bike route” means a segment of road designated by the jurisdiction having authority, with appropriate directional and informational markers, but without striping, signing, and pavement markings for the preferential or exclusive use of bicyclists. "Billboard" means freestanding sign, supported by one or more poles, with an area of greater than seventytwo (72) square feet, for the purposes of advertising to travelers upon major roadways and interstates. “Biomedical waste” means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses, chemotherapy waste, and discarded medical equipment and parts. “Blank wall” means an exterior building wall with no openings and generally constructed of a single material, uniform texture, and on a single plane. “Blighted area” means an area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of utilities, accumulation of trash and junk and impacted by adverse environmental nuisances, such as odor, noise, and heavy traffic. "Block" means an area of land within a subdivision that is entirely surrounded by streets, public lands, rightsof-way, watercourses, or other well-defined and fixed boundaries. (Blocks are illustrated in figure A.1.) CHAPTER 19: ACRONYMS AND DEFINITIONS Page 365 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Boarding and/or rooming house" means a building dedicated to and used for the lodging and/or feeding, for compensation, of up to six (6) non-transient persons, unrelated by blood or marriage to the owner or operator of the house, and where renting individuals are also served with meals prepared in one (1) kitchen by the owner or operator of the house, as defined herein. Foster children placed in a family home, a community residential home with six (6) or fewer residents, a nursing home, or a personal care home shall not be established as a boarding and/or rooming house. "Body shop" means a building or location where motor vehicle repair and/or replacement are performed, including, but not limited to, painting and metal fabrication of motor vehicles bodies or structures. A body shop is a major automotive service. "Boutique hotel" means a facility not exceeding sixty (60) rooms and where overnight accommodation for less than thirty (30) days are provided for compensation. The building shall have interior design compatible with the area in which the hotel is located. The boutique hotel shall provide guests with high quality services, such as, but not limited to, concierge, on-site restaurant, room service, meeting space, business center, banquet facilities, spas, doormen, valet parking, boutiques and/or other amenities. Guest rooms within the building shall contain no equipment for food preparation other than a mini-fridge and/or microwave. There shall be no self-serve laundry facilities (for guests use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. “Brewpub” means a restaurant that prepares handcrafted natural beer intended for consumption on the premises as an accessory use. "Breezeway" means a roofed, often open, passageway connecting two (2) buildings or halves of buildings. In residential zoning districts the maximum length of a breezeway that is used to incorporate a new structure as part of the principal building is not to exceed twenty (20) feet and the minimum width is to be four (4) feet. The breezeway is to connect each building at an exterior door. “Broadcasting station” means room(s) or suite operated as a radio or television broadcasting station or station with local broadcast capabilities intended for satellite distribution of programs. "Buffer" means a natural and/or enhanced vegetated landscaped area of a lot located and/or established. A buffer is maintained and created with the intention to visibly separate different and possible incompatible types of uses, measured from the common property line of the different uses, to shield or block noise, light, glare, or other nuisances, or 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 within a water supply watershed adjacent to reservoirs or perennial streams. (1) "Natural/undisturbed buffer" means land area in which there is no disturbance including, but not limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer width, the vegetation can be fully protected during construction, and the existing vegetation can be proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly dense to be accepted by the city as equivalent to a planted buffer once mature. (2) "Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate and therefore requires additional vegetative screening. No disturbance is allowed except for maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access, utility crossings and the addition of vegetative screening. (3) "Maintained landscape buffer" means land area in which grading is allowed and re-vegetation to a buffer CHAPTER 19: ACRONYMS AND DEFINITIONS Page 366 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy is required specific to a zoning case. Buffer must be replanted but also maintained per approved landscape plan and not allowed to revert to a natural/undisturbed buffer. (4) "Stream buffer (State)" means "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." The definition of stream buffer is governed by Georgia law, O.C.G.A. § 12-7-1. (5) "Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area lying adjacent to the stream. (6) "Structural buffer" means a buffer that creates a visual screen through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one (1) side to the other throughout the year. (7) "Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special use or variance approval for a specific property. "Buffer strip" means land area located within the boundary of a lot required to be set aside and used for landscaping and upon which only limited encroachments are authorized. "Build-to line" means the line at which construction of a building facade is to occur on a lot. A build-to line runs parallel to the front property line and is established to create an even (or more or less even) building facade line on a street. "Buildable area" means the portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located. "Building" means any structure attached to the ground with a roof, designed and built for support, shelter, storage, or enclosure for occupancy by persons or animals. (1) "Accessory building" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. (2) "Building addition" means any walled and roofed expansion to the perimeter of a building which is connected by a common load-bearing wall other than a firewall. (3) "Building frontage" means the linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot. (4) "Building permit" means the permit required for new construction, completion of construction, or an interior finish pursuant to the applicable building code. As used herein, the term shall not include permits required for remodeling, rehabilitation, or other improvements to an existing structure provided there is no increase in the demand placed on those public facilities as defined herein. (5) "Elevated building" means a non-basement building constructed with 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. (7) "Principal building" means the building or structure in which the primary use permissible on the lot is conducted. In RR (less than two (2) acres or a platted subdivision), SR, CCR, MFR, and MHR residential zoned districts a dwelling shall be deemed to be the principal building on the lot. A structurally independent garage, carport or other structure may be attached to the principal buildings by a roofed CHAPTER 19: ACRONYMS AND DEFINITIONS Page 367 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy breezeway which shall cause the entire structure to be construed as part of the principal building and shall be subject to the sections applicable to the principal building or structure. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any accessory building. "Building envelope" means the area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located. "Building height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Built environment" means the elements of the environment that are generally built or made by people as contrasted with natural processes. "Burial ground" means an area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. “Business day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Business frontage" means that portion of a building frontage occupied by a single tenant space having a public entrance within the building frontage. C “Café” means a small restaurant primarily serving coffee drinks and light meals, sandwiches, and/or deserts and which often includes an outdoor seating area and provides table service indoors and out. “Cafeteria” means a restaurant in which patrons wait on themselves, carrying their food from counters, where it is displayed and served, to their tables. "Caliper" means a standard of trunk measurement for understory or replacement trees. Caliper inches are measured at the height of six (6) inches above the ground for trees up to and including four (4) inch caliper and twelve (12) inches above the ground for trees larger than four (4) inch caliper. “Campground” means a plot of ground on which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes. Temporary living quarters shall herein be meant to not last longer than 14 continuous days. “Canopy, fuel station” means a protective covering or a roof like structure that is free standing, for protection from the elements, not for human habitation, but affixed permanently to the ground. All canopies shall be located at least 15 feet from any public rights-of-way. "Canopy roofed structure" means a roofed structure that covers an area, or especially one that shelters a passageway between two (2) buildings. "Canopy sign" means any sign on a cloth, metal, plastic, or other cover designed to shade or shelter a window or entrance of a building or structure. "Canopy tree (large tree or shade tree)" means any tree, evergreen or deciduous, whose mature height can be expected to exceed 40 feet and whose crown spread can be expected to exceed 30 feet. Shade trees for landscaping industrial, commercial, office-institutional, multifamily residential and mobile home zoning developments, existing or planted, shall be at least eight (8) feet in height and two (2) inches in diameter, CHAPTER 19: ACRONYMS AND DEFINITIONS Page 368 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy measured at six (6) inches above grade for new trees and measured at four and one-half (4½) feet above grade for existing trees. Examples include Red Maple, Sycamore, English Oak, Willow Oak, Loblolly Pine, or trees of similar stature. "Capital improvement" means an improvement with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of a public facility. "Capital improvements element" means that portion of the City of Stockbridge comprehensive plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the mayor and city council. "Care home" means a care facility where personal care services are provided to more than six (6) nonfamily adults. See "personal care home" definition for permitted services and other requirements. "Carport" means any parking space(s) having a covered roof but not enclosed by walls and is an accessory structure to a dwelling unit. Carports shall not include any parking structures. “Car wash” means an establishment engaged in the business of washing, cleaning, or the interior detailing of vehicles. "Cemetery" means any land or structure in the City of Stockbridge dedicated to and used, or intended to be used for interment of the dead. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium or a combination of one (1) or more thereof, and including chapels or churches when operated in conjunction with and within the boundaries of such cemetery. “Certificate of Appropriateness” means 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. "Certificate of occupancy" means a document issued by the director indicating the use of a particular building or land which conforms to the requirements of this unified development code. "Certified personnel" means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. "Changeable copy sign" means a sign with the capability of copy change or rearrangement by means of manual, remote, or electronic input upon which changeable letters may be placed, without altering the face or the surface of the sign. “Change of use” means (1) a change from one use classification in the zoning ordinance to another use classification; (2) any use that differs substantially from the previous use of a building or land. "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. “Character” means special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest / individuality. "Charging" occurs when the connector from the EVSE (or standard outlet) is inserted into the EV inlet, and electrical power is being transferred for the purpose of recharging the battery on board the EV. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an EV's battery is recharged. EVSE is classified into categories by the rate at which batteries are charged: AC Level 1; AC Level 2; and DC Fast Charging. “Childcare center” means an establishment providing for the care, supervision, and protection of children. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 369 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Church or other place of worship" means a building used for public worship including temples, synagogues and related Sunday school or church facilities. "Cigar bar/lounge" means an establishment that caters to patrons who smoke cigars. May serve food and alcohol in accordance with the alcohol ordinance. "City" means the City of Stockbridge, Georgia. "City's separate storm sewer system" means any facility designed or used for collecting and/or conveying stormwater, including, but not limited to, any roads with drainage systems, highways, City streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and manmade or altered drainage channels, reservoirs and other drainage structures, and which is: 1. Owned or maintained by the City; 2. Not a combined sewer; and 3. Not part of a publicly owned treatment works. "City street" means a street which is owned and/or maintained by the City of Stockbridge. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. "Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area. "Clinic" means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) physician or dentist or a group of physicians or dentists practicing medicine. "Club" means a building or facilities owned or operated by and for special educational or recreational purposes, but not primarily for a profit or to render a service that is customarily carried on for a gain. "Coastal marshlands" shall have the same meaning as in O.C.G.A. § 12-5-282. “Coffeehouse” means an establishment that serves primarily prepared coffee or other hot drinks as well as light snacks. “College” means an institution of higher education and research that provides undergraduate or graduate degrees. "Commercial drone delivery hub" means an area of land, structural surface, building, or structure with one (1) or more designated drone staging areas for use by unmanned aircraft, to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system (UAS) buildings, structures, and other facilities. "Commercial vehicle" means a vehicle whose gross vehicle weight rating (GVWR) is over twenty-six thousand (26,000) pounds, or a trailer with a gross vehicle weight rating of over ten thousand (10,000) pounds, including commercial tractor-trailers, dump trucks, wreckers, and earth-moving equipment. Agricultural vehicles and equipment and school buses shall be excluded from this definition. "Common area" means land within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Common area may include complementary structures and improvements. “Common open space” means land within a Tiny House Village Development that is designated and permanently reserved for the common use and enjoyment of the residents of the development. Common open space may include landscaped greens, plazas, community gardens, walking trails, playgrounds, community buildings, seating areas, recreational amenities, and similar improvements. Required yards, parking areas, public or private streets, drive aisles, utility easements, and stormwater management facilities shall not be considered CHAPTER 19: ACRONYMS AND DEFINITIONS Page 370 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy common open space unless expressly approved by the City. "Compatibility" means the characteristics of different uses, activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: Height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. "Completion of construction" means the issuance of the final certificate of occupancy by the appropriate governmental jurisdiction. The date of completion is the date on which such certificate is issued. "Comprehensive plan" means the City of Stockbridge plan or planning elements as adopted or amended in accord with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning. "Comprehensive Planning Act" means O.C.G.A. § 50-8-1 et seq. and the Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs. “Concept plan” means a schematic or conceptual design for land development, prepared for informal review purposes, that carries no vesting rights or obligations to any party. "Condemnation" means the taking of private property by a government unit for public use, when the owner will not relinquish it through sale or other means; the owner is compensated by payment of market value. The power to take the property is based on the concept of eminent domain. "Condition of approval" means stipulations or provisions that are provided above and beyond the minimum requirements that are set forth as a prerequisite for the approval of an application. "Conditional use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A conditional use is permanent in nature. "Condominium" means the ownership in fee simple title of a single unit in a multifamily family dwelling and an undivided ownership interest, in common with other owners of the common elements of the structure, including the common areas of land and its appurtenances. "Confined animal feeding operation" means a building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses— one (1) per forty-three thousand five hundred sixty (43,560) square feet (one (1) acre); cows—one (1) per fortythree thousand five hundred sixty (43,560) square feet; sheep or goats—one (1) per twenty thousand (20,000) square feet; fowl—twenty (20) per forty-three thousand five hundred sixty (43,560) square feet. "Conical surface" means the surface that extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet. "Conservation easement" means an agreement between a land owner and the City of Stockbridge or other government agency or land trust that permanently protects open space or greenspace on the owners land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership. "Construction" means any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property. "Construction activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition. "Construction buffer" means a type of buffer which is temporary and remains in effect during the construction of a project. "Construction standard drawing" means the construction standards manual utilized by the City of CHAPTER 19: ACRONYMS AND DEFINITIONS Page 371 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Stockbridge and related drawings for public improvements. "Cooking facilities" means any device used in the preparation of food, including range, ovens, cook-top surface units, refrigerators, electric warming irons or hot plates, microwave ovens, coffee makers, toaster ovens, and other similar small electric appliances, freezers separate from or not included within a refrigeration unit are not included in this definition. "Copy" means the graphic content or message of a sign. "Cornice" means the uppermost horizontal molded projection or other uppermost horizontal element located at the top of a building or portion of a building. "Corridor" means a street, roadway, river or other linear element connecting major sources of trips that may contain a number of streets, highways, and transit route alignments. A corridor is also defined as all land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed. “Cottage Home” means a detached single-family dwelling of compact residential design, constructed on a permanent foundation, that is larger than a Tiny House and intended for permanent residential occupancy within a Cottage Home Village or mixed Tiny House and Cottage Home Village Development. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. “Cottage Home Village Development” means a residential development consisting of multiple Cottage Homes, or a combination of Tiny Houses and Cottage Homes, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.12 of this UDC. “Cottage Court” means a residential development consisting of a group of small detached dwelling units oriented around a shared common open space and developed under a unified site design. "County." The use of the word "county" shall mean Henry County unless otherwise specified. "County street" means a street which is owned and/or maintained by Henry County. "Covenant, protective" means a contract entered into between private parties which constitute a restriction on the use of a particular parcel of property. "Covenant, restrictive" means private contracts entered into between the developer and purchaser(s) which constitute a restriction on the use of all private property within a development for the benefit of property owners, and provide a mutual protection against undesirable aspects of development which would tend to impair stability of values. "Credit" means a conditional reduction in the amount of a stormwater service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or the provision of a service or activity by property owner, which system, facility, service or activity reduces the stormwater utility's cost of providing stormwater services and facilities. Credits for on-site stormwater systems shall be generally proportional to the effect that such systems have on the peak rate of runoff from the site. "Critical root zone" means the minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient critical root zone (CRZ) and will typically be an area represented by a circle centered on the tree's trunk with a radius equal to one (1) foot per one (1) inch of trunk diameter at breast height (DBH). Example, a twelve-inch diameter tree at breast height (12 inches DBH) would have a 12 foot radius circle (twenty-four-foot diameter circle) which represents the critical root zone (CRZ). "Cross access easement" means a limited right to make use of a property owned by another to gain access to another property; a right-of-way across the property. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 372 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Curb” means a stone, concrete, or other improved boundary marking the edge of a roadway or paved area. “Curb cut” means provision for vehicular ingress or egress connecting land or property to an abutting street. "Cut" means 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. “Customary home occupation” means an incidental land use that is permitted within a primary dwelling or an accessory structure upon a lot, which complies with all standards applicable in this UDO. "Customers of the stormwater management utility" includes all persons, properties and entities served by and/or benefiting from the utility's acquisition, management, maintenance, extension and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities and activities related thereto, and persons, properties and entities which will ultimately be served or benefited as a result of the stormwater management program. D “Damage, substantial” refers to any change to a structure which impairs its value, usefulness, or normal function. For the purposes of this UDO, substantial damage shall occur when the cost of restoring the structure would equal or exceed 50% of the market value of the structure before the damage occurred. "Dance studio" means a facility designed and used for the professional instruction and rehearsal of dance, including, but not limited to, ballet, tap, jazz, contemporary, ballroom, hip-hop, and other forms of dance that do not include adult erotic dancing. Workshops, private lessons, and classes can all be offered. "Day care facility/center for children, day care center for youth, nursery schools and kindergarten schools; and a day care center for adults" means a firm, partnership, corporation, individual, or other business entity providing care for more than six (6) children or adults, not related by blood or marriage, or not the legal wards or foster children of the attendant adult or adults when conducted in a principal structure or within a church or school. Child care centers must provide at least two hundred (200) square feet of outdoor play area and thirtyfive (35) square feet of indoor play space is provided for each child. The outdoor play area shall be enclosed by a security chain link fence, at least four (4) feet in height. A State license and a county business license are required. "Dead, dying, or hazardous tree (DDH)" means a tree that has structural defects in the roots, stem, or branches that may cause the tree or a part of the tree to fail, where such failure may cause property damage or personal injury. "Decal" means a picture, design or label made to be transferred to glass, wood, metal, or any other hard surface material. “Deciduous” means plants that drop their foliage annually before becoming dormant. “Deck” means an unroofed platform, either freestanding or attached to a building, that is supported by pillars or posts. “Dedication” means the transfer of property by the owner to another p "Density, gross" means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre. "Density, net" means the number of dwelling units per acre of land when the average involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, common open space, flood hazard areas, steep slopes (greater than twenty-five percent (25%)) and public land. For mixed use and interchange activity center zoning districts net density can include open space in the calculation as long as open space is used for passive recreation. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 373 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Department" means the City of Stockbridge Community Development Department, as established by the City of Stockbridge City Council, and as operated through the actions and administration of the city manager or his/her designee. "Department of Community Affairs (DCA)" means the Georgia Department of Community Affairs (DCA) was created in 1977 to serve as an advocate for local governments. DCA operates a host of State and Federal grant programs; serves as the State's lead agency in housing finance and development; promulgates building codes to be adopted by local governments; provides comprehensive planning, technical and research assistance to local governments; and serves as the lead agency for the State's solid waste reduction efforts. "Design professional" means a professional licensed by the State 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 EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable State law governing professional licensure. "Detention" means the temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge. "Detention facility" means a structure designed for the storage and gradual release of stormwater runoff at controlled rates. "Developed land" means all real property altered from its natural state by grading, paving, compaction, construction of structures, impervious services or drainage works so that hydrologic response of the property is changed from that which would occur in the natural undeveloped condition. "Development" means any action which creates demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; any change in use of land, a building, or structure; or the connection of any building or structure to a public utility. "Development" or "single development" means any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership. Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, clearing, digging, filling, dredging, excavating, grading, grubbing, mining, paving, removal of vegetation, stripping, drilling operations, storage of equipment or materials, transportation and filling of land, and any other installation of impervious cover; land development or land development project. (1) "New development" means a land development activity on a previously undeveloped site. (2) "Post-development" means the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. (3) "Pre-development" means the time period, or the conditions that exist on a site, prior to the commencement of land alteration, clearing, construction, or other activity that constitutes development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish predevelopment conditions. "Development activity" means any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit. "Development approval" means written authorization, such as issuance of a building permit, approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction. "Development impact fee" means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to CHAPTER 19: ACRONYMS AND DEFINITIONS Page 374 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy serve it. "Development of regional impact (DRI)" means a development project, regardless of the mix of land uses, which is likely to have impacts to the transportation network and environment beyond the limits of the jurisdiction in which it is being constructed. "Development permit" means a permit that is issued by the city that authorizes development activity, and includes, but is not limited to, a land disturbance permit or building permit. "Development regulations" means the adopted regulations providing for the subdivision and development of real property within the city, as amended from time to time by the city council. "Development rights" means a governmentally recognized entitlement to use or develop land at a certain density, or intensity, or for a particular purpose, which may be severed from the realty and placed on some other property. (1) "Receiving area" means the region or district where development rights may be affixed to property. (2) "Receiving property" means the lot or parcel where development rights are affixed, thereby increasing the permissible density or intensity of use on the property. (3) "Sending area" means the region or district where development rights may be removed for purposes of transfer to another location. (4) "Sending property" means the lot or parcel where development rights are removed, thereby eliminating permissible uses on the property. (5) "Transfer of development rights" means the process by which development rights from a sending property are affixed to one (1) or more receiving properties. "Director" means the director of the department or his/her designee or the person, officer, official, or his authorized representative designated by the mayor and city council, City of Stockbridge, as its agent for the administration of the provisions of the unified development code. “Diameter at breast height (DBH)” means the diameter of a tree is to be measured by one (1) of the following methods: 1. For existing trees: The standard measure for existing trees on site is diameter at breast height (DBH). The tree trunk diameter is measured at a height of four and one half (4.5) feet above ground level on the uphill side of the tree. If a tree splits into multiple trunks below four and one half (4.5) feet, measure each trunk individually for total DBH. Crepe Myrtles are excluded from this total DBH requirement. Simply the largest diameter trunk shall qualify for Crepe Myrtles. 2. For newly planted trees: The standard measure for newly planted trees will be the caliper of the trunk six (6) inches above the ground level. “Discharge, accidental” means a discharge prohibited by this UDO that occurs by chance and without planning or thought prior to occurrence. “Discharge, illicit” means any direct or indirect non-stormwater discharge to the City separate stormwater sewer system, except as exempted by this UDO. “Distribution center” means an establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including trans-shipment by rail, air, or motor vehicle. “Dormer” means a projection from a sloping roof that contains a window. “Dormitory” means a building or part of a building that is operated by or on behalf of an institution that is authorized to grant a degree by the Board of Reagents of the State of Georgia and used to house students enrolled at such institutions. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 375 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Drainage easement" means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Drainage structure" means a device composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water from one (1) place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. (1) "Roadway drainage structure" means 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 (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. "Dripline" means a line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip. "Drive-in" means a retail or service enterprise wherein service is provided to the customer on the outside of the principal building. "Drone" or "unmanned aircraft system" means unmanned aerial systems remotely piloted aircraft that can fly under the control of a remote using a first-person point of view, or in autopilot mode guided by a global positioning system (GPS). "Drone delivery" means a permitted food store, restaurant, retail store, or warehouse/distribution facility with one (1) or more designated drone staging areas that are incidental to the primary use of the property for use by small, unmanned aircraft systems under fifty-five (55) pounds take-off weight to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone delivery service" means a primary use of the property with the purpose of operating one (1) or more drone staging areas for use by unmaimed aircraft to deliver commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone staging area" means a designated area over which an unmanned aircraft completes the final phase of the approach, to a hover or a landing, and from which an unmanned aircraft initiate take-off. The drone staging area includes both the launch pads and any required safety areas, and may include areas for the outdoor storage of goods, materials, containers, trailers, or other equipment. "Dwelling" means a building or portion thereof which is designed or used for residential purposes, including single-family, two-family, multifamily dwellings, rooming and boarding houses, fraternities, sororities and modular dwellings, but not including hotels or motels. (1) "Accessory dwelling" means a dwelling unit established within the principal building or in a separate structure, and on the same lot as the principal structure. It is an independent dwelling unit, but it may share an entrance, yard and parking with the principal unit. (2) "Duplex" or "two-family" means a building containing two (2) dwelling units, designed for occupancy by not more than two (2) families living independent of each other. (3) "Multifamily" means a building or set of buildings containing a group of dwelling units on a common lot containing separate living units for three (3) or more families, having separate or joint entrances, and including apartments and condominiums. These are specifically distinguished from units defined as CHAPTER 19: ACRONYMS AND DEFINITIONS Page 376 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy townhouses. (4) "Single-family" means one (1) dwelling unit in one (1) building, other than a mobile home, hotel or motel, designed for and occupied by one (1) family, containing rooms for living, sleeping, toilet facilities and one (1) kitchen. (5) "Townhouse" means one (1) of a series of three (3) or more attached dwelling units on separate lots which are separated from each other by a coincidental property line and party wall partitions. The structure must meet all front, rear, and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each dwelling unit must be separately metered for all utilities, have access to a public street and the coincidental property line and wall must be fire-rated and extend from the foundation or ground (whichever is lower) to the roof decking of the structure. Each dwelling unit shall contain rooms for living, sleeping, toilet facilities and one (1) kitchen. "Dwelling unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, for rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent living, sleeping, toilet and a single kitchen with cooking facilities. E "Easement" means a grant of one (1) or more property rights by a property owner to the general public, a public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public" or "private" depending upon the nature of the usage. (1) "Conservation easement" means an agreement between a land owner and a governmental agency or land trust that permanently protects the land by limiting the amount and type of development that is permissible, while leaving the remainder of the fee interest in private ownership. (2) "Drainage easement" means an agreement allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Eave" means the projecting lower edges of a roof overhanging the wall of a building. "Electric vehicle (EV)" means a class of automobiles that use electric motors powered by energy drawn for the grid or off-grid electric sources into a battery system for propulsion. "Electric vehicle charging port" means the EVSE component which connects to vehicle charging inlets. One (1) EVSE unit may contain multiple charging ports, which are also referred to as "plug connectors" or "heads." Level 1 ports include connectors supplied by Level 1 EVSE as well as any standard 120V outlets able to supply fifteen (15) or more amps of current to be used with the Level 1 EVSE supplied by vehicle manufacturers. "Electric vehicle charging station (EVSE)" means the public or private parking space(s) served by EVSE, including all signs, information, pavement surfaces, surface markings, fee collection systems, and protective equipment, in which a vehicle is recharged. “Elevation” means (1) a vertical distance above or below a fixed reference level (2) a fully dimensioned drawing of the front, rear, or side of a building, showing features such as windows, doors, and relationship of grade to floor level. "Elevated building" means a non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns. “Encroachment” means any obstruction or illegal or unauthorized intrusion into a floodway, right of way, or CHAPTER 19: ACRONYMS AND DEFINITIONS Page 377 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy adjacent land. "Erect" means to build, paint, construct, attach, hang, place, suspend, assemble or affix. "Erosion" means the process by which land surface is worn away by the action of wind, water, ice or gravity. "Erosion and sedimentation control plan" means a plan that is designed to minimize and control the accelerated soil erosion and sedimentation runoff resulting from a land disturbing activity. Also known as the "plan." "Equivalent runoff unit (ERU)" is defined to serve as a reference point for comparing dissimilar properties and attaining an equitable distribution of the cost of services and facilities through a stormwater management service charge. The equivalent runoff unit in Stockbridge has been determined through engineering and analysis to include two (2) primary parameters with the following metrics: (1) one (1) acre of gross area, and (2) two thousand (2,000) square feet of impervious area. These units will be used to determine and compute the service charge for all properties within the city. "Evergreen tree" means any tree that retains green leaves throughout the year. This includes magnolias and tree-type hollies, as well as pines and cedars. "Existing manufactured home park or subdivision" means 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 June 2,1987. "Expansion to an existing manufactured home park or subdivision" means 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. "Extended detention" means the storage of stormwater runoff for an extended period of time. “Exterior Architectural Features” means the architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the forgoing. “Exterior Environmental Features” means all those aspects of the landscape or the development of a site which affect the historic character of the property. “Exterminator” means a person engaged in the service of killing or removing inspects, mice, rats, or other pests. "Extreme flood protection" means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of one hundred (100) years or more. F "Facade" means: (1) "Primary (front) facade" means the exterior wall surface(s) across the building front, extending from grade to top of the parapet, wall, gable, or eaves and from side corner to side corner that are visible from any location on the street or main parking area and includes the primary entrance into the building. If the building faces more than one (1) parking area or street, the largest exterior wall of the building with a primary entrance which is most nearly parallel to the widest street or largest parking area to which the building faces. (2) "Secondary facade" means any exterior wall of a building, other than the primary facade. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 378 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Factory” means a building in which raw material and semifinished or finished materials are converted to a different form or state, or where goods are manufactured, assembled, treated, or processed. "Fall zone" means the area within the radius of a billboard that is equal to 133% of the height of the billboard. "Family" means one (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house. "Farm" means a all places of three (3) or more acres devoted to the raising of agricultural products regardless of the quantity or value of production. “Farm supply store” means an establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies. "Feedlot" means land devoted to confinement feeding of livestock. A lot or building or combination lots and buildings intended for the confined feeding, breeding, raising or holding of livestock while being fattened for slaughter and where animal waste may accumulate, but not including barns, pens or similar structures not intended for the fattening of animals for slaughter. “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. “Fenestration” means windows and other openings on a building façade. "Fill" means a portion of land surface to which soil or other solid material has been added; the depth above the original ground. "Final plat" means the final map, drawing or chart upon which the sub-divider's as-built plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for Clayton County. "Final stabilization" means 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, one hundred percent (100%) of the soil surface is uniformly covered in permanent vegetation with a density of seventy percent (70%) or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction. "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. “Fire lane” means an unobstructed paved or improved surface area clearly defined by pavement markings and signs, at least twelve feet wide, and designed to provide access for fire-fighting equipment. "Firing range" means a public or privately owned facility designed and operated for the purpose of discharge of rifles, shotguns and handguns at targets within a controlled setting. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Flood" or "flooding" means 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 that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 379 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Flood hazard area" means the area possibly threatened by periodic flooding as determined by various data, e.g., maps provided by the United States Department of Housing and Urban Development, United States Soil Conservation Service, Army Corps of Engineers, or hydrological studies utilizing generally accepted engineering practices. Flood hazard areas shall include all lands underneath a permanent body of water, e.g., a lake, pond, river, and stream, and all land within the limits of a flood hazard area having a one-hundred-year return frequency. "Flood hazard boundary map" or "FHBM" means 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. "Flood insurance rate map" or "FIRM" means the official map of the City of Stockbridge, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Such FIRM as relates to property located within the City of Stockbridge is incorporated by this reference as if fully set forth herein. "Flood insurance study" or "FIS" means the official report, prepared and issued by the Federal Insurance Administration of the Federal Emergency Management Agency evaluating flood hazards and containing flood profiles and water surface elevations of the base flood, which FIS is incorporated by this reference as if fully set forth herein. "Floodplain" means any land area susceptible to flooding with at least a one-percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan. "Floodplain, one-hundred-year" means those lands subject to flooding, which have at least a one percent (1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA). "Floodproofing" means any combination of structural and nonstructural 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. "Floodway" or "regulatory floodway" means the channel of a stream, river or other watercourse and the adjacent land areas of the floodplain which is necessary to contain and discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Floor area" means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of the outside walls, but excluding any attic, unfinished basement area, breezeway, cellar, porch, or verandah. “Freight Truck” means a commercial vehicle with a manufacturer’s recommended gross vehicle weight rating (GVWR) exceeding 26,000 pounds, including Class 6 vehicles or greater under the Federal Highway Administration vehicle classification system, including tractor-trailers, semi-trucks, and combination vehicles. "Frontage" or "frontage, road" means the distance measured along a public street right-of-way, or the main street property line of a lot. “Fueling station” or “fuel station” means any building, structure, or area of land used for the retail sale of automobile fuels, such as gasoline or diesel, oils, and accessories. A gasoline station may include the sale of propane, kerosene, food, or retail goods as accessory uses. Fueling stations shall not include game rooms, game arcades, major repair shops, body shops, paint shops, paint booths, or other similar more-intense automotive related use. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. “Funeral home” means a building or part thereof, used for embalming, autopsies, casket storage, and CHAPTER 19: ACRONYMS AND DEFINITIONS Page 380 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy religious or other services necessary to prepare the dead for burial or cremation. "Future-conditions flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the one hundred-year future-conditions flood. "Future-conditions flood elevation" means the highest water surface elevation anticipated at any given location during the future-conditions flood. "Future-conditions floodplain" means any land area susceptible to flooding by the future-conditions flood. "Future-conditions hydrology" means the flood discharges associated with projected land use conditions based on a community's zoning map, comprehensive land use plans, and/or watershed study projections, and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation. G "Garage, parking" means a structure, lot or any portion thereof which is open to the public in which one (1) or more vehicles are housed or kept, not including exhibition, show rooms, storage of cars or cars for sale. "Garage, repair" means a building or structure used to house, cover or protect automobiles or other vehicles from the elements while repairs are being made thereto. "Grade" means the lowest point of elevation of the finished surface of the ground immediately surrounding the building or structure. (1) "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. (2) "Highest adjacent grade" means the highest natural elevation of the ground surface adjacent to the proposed foundation walls of a structure prior to construction. "Grade (roadway)" means the slope (ratio of change in elevation to change in distance) or a roadway typically given in percent. For example, a two percent (2%) grade represents two (2) feet of elevation change over a one hundred-foot distance. "Grading" means 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. “Grandfathered” means an exemption relating to a particular use or activity on a property that does not conform to applicable rules or regulations because of its establishment prior to the enactment of such rules or regulations. “Grease trap” means a device in which the grease present in wastewater is intercepted and congealed by cooling and from which it may be skimmed off liquid wastes for disposal. “Green area” means land shown on a development plan, master plan, or official map for conservation, preservation, recreation, landscaping, or park. See Open Space. “Green infrastructure” stores, treats, and infiltrates stormwater into soil, mimicking natural systems. “Greenfield” means farmland and open areas where there has been no previous industrial or commercial activity. “Greenhouse, non-commercial” means a permanent climate-controlled structure enclosed (as by glass or plastic) and used usually year-round for the cultivation and protection of plants. "Greenspace" or "open space" means any area protected as permanently vegetated land. "Ground coverage" CHAPTER 19: ACRONYMS AND DEFINITIONS Page 381 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy means the area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot. "Ground elevation" means the original elevation of the ground surface prior to cutting or filling. “Ground floor” means the first floor of a building other than a cellar or basement. "Group home" means a residence where two (2) or more unrelated persons live that is under the supervision of a resident manager. Group homes are established to assist persons who have left highly structured institutions such as a hospital or prison, to adjust to and reenter society and live within its accepted norms. The purpose of a group home is to allow people to begin the process of reintegration with society, while still providing monitoring and support. Group homes shall not provide treatment of drug or alcohol dependency, or provide an alternative to incarceration. "Grubbing" means the removal of stumps or roots from a site. “Gutter” means a shallow channel, usually set along a curb or the pavement edge of road, for purposes of catching and carrying off run-off water. “Gym” means the abbreviated term for gymnasium, which is an enclosed facility for exercise and athletics. unit. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 382 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy H “Habitable floor area” means the total floor area of all the habitable rooms in a dwelling “Habitable room” means any room in a dwelling unit other than a kitchen, bathroom, pantry, closet, hallway, cellar, storage place, garage, unfinished basement, cellar, or attic. “Handicapped parking space” means parking spaces reserved for people with disabilities. “Hardscape” means nonliving components of a landscaped design, such as walls, sculptures, paved walkways, patios, stone and gravel areas, benches, fountains, and similar hard-surface areas and objects. "Hardship" means the presence of some unique or rare condition of land, different in type and extent from other land in the same location or in the same zoning district. "Hazardous material" means any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Hazardous waste" means any solid waste which has been defined as "hazardous waste" in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 as hereafter amended and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Health and personal services" means establishments providing nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. “Health care facility” means a facility or institution, whether public or private, engaged in providing services for health maintenance and the treatment of mental or physical conditions. Accessory uses within these spaces include laundries for patients served, restaurants, gift shops, laboratories, pharmacies, and medical offices. "Height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Heliport" means a designated area for landing and takeoff of rotorcraft. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. “Highest and best use” means the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, and financially feasible that results in highest value. "Historic district" means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the Mayor and City Council as a historic district. "Historic building or structure" means any structure that meets one (1) or more of the following conditions: (1) Listed individually in the National Register of Historical Places (as maintained by the U.S. Department CHAPTER 19: ACRONYMS AND DEFINITIONS Page 383 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 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 under the State historic preservation program which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places and determined as eligible under the local historic preservation program which has been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in the event the State has no approved program. “Historic Property” means an individual building, structure, site, or object including the adjacent area necessary for the proper appreciation thereof designated by the Mayor and City Council as a historic property. "Home occupation" means an occupation for gain or support conducted on the premises or within a dwelling unit by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist home. "Hookah" means a tobacco pipe with a long, flexible tube which draws the smoke through water contained in a bowl. "Hookah bar/lounge" means an establishment where patrons share shisha (flavored tobacco) from a communal hookah or from one (1) placed at each table or a bar. May serve food and alcohol. See Title 9. "Hospice care facility." Hospice care provides humane and compassionate care for people in the last phases of incurable disease so that they may live as fully and comfortably as possible. Hospice is to enable patients to continue an alert, pain-free life and to manage other symptoms so that their last days may be spent with dignity and quality, surrounded by their loved ones. Hospice affirms life and does not hasten or postpone death. Hospice care treats the person rather than the disease; it focuses on quality rather than length of life. It provides family-centered care; care is provided for the patient and family twenty-four (24) hours a day, seven (7) days a week. Hospice care can be given in the patient's home, a hospital, nursing home, or private hospice facility. "Hospital" means an institution receiving in-patients, or a public institution receiving out-patients, and authorized under Georgia law to render medical, surgical and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of mental patients, alcoholics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry. "Hotel/motel" means a building in which lodging along with customary lodging facilities and services, such as meeting rooms, restaurant, housekeeping services and/or center are provided for guests for an average stay of less than thirty (30) days and offered to the public for compensation. Hotel service provisions of food and beverage services suitable for both guests and meeting spaces and selective amenities, such as but not limited to spas, banquet groups, rooms, conference facilities, valet parking, concierge, and on-site restaurant. Guest rooms center and/or within the building shall contain no equipment for food preparation other than a microwave. There shall be no self-serve laundry facilities (for guests' use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. "Hotspot" means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial CHAPTER 19: ACRONYMS AND DEFINITIONS Page 384 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use. “Household pets” means domesticated animals weighing less than 150 pounds and cared for by the members of the household and which are not raised for commercial gain or considered livestock as defined herein. "Hydrologic response" of a property is the manner and means whereby stormwater collects, remains, infiltrates and is conveyed from a property. It is dependent on several factors including, but not limited to, the presence of impervious area; the size, shape, topographic, vegetative and geologic conditions of a property; antecedent moisture conditions; and groundwater conditions on a property. I "Illegal connection" means either of the following: 1. Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge, including sewage, process wastewater and wash water to enter the storm drain system, regardless or whether such pipe, open channel, drain or conveyance has been previously allowed, permitted or approved by an authorized enforcement agency; or 2. Any pipe, open channel, drain or conveyance connected to the City's separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency. "Illicit discharge" means any direct or indirect non-stormwater discharge to the City's separate storm sewer system, except as exempted in this UDC. “Impact fee” means a fee imposed on a development to help finance the cost of public improvements. “Impermeable” means not permitting the passage of water. "Impervious surface (or impervious cover)" means any manmade paved, hardened or structural surface composed of any material that significantly impedes or prevents the natural infiltration of water or stormwater into the ground below the structure or surface into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, swimming pools and any concrete or asphalt surface. "Improvements" means physical changes to the land which are necessary to create useable lots including (but not limited to) grading and paving streets, sewer and water facilities, hydrants, sidewalks, monuments, changes to existing utilities, and stormwater drainage and detention systems. “Incidental” means subordinance and minor in significance or bearing a relationship to the primary use. "Indoor play space" means play space required inside the principal structure of child care centers set aside for children's recreation and play. The area provided must be at least thirty-five (35) square feet of indoor play space for each child. "Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14). "Industrialized building" or “modular building” means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act," Georgia Law 1981 pp 1637—1643 (O.C.G.A. § 8-2-2(1)). CHAPTER 19: ACRONYMS AND DEFINITIONS Page 385 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Industrial park” means a tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, utility needs, aesthetics, and compatibility. “Industrial waste” means any liquid, gaseous chemical, or solid residue or by products of an industrial process. “Industrial, heavy” means industrial uses engaged in heavy manufacturing, sewage treatment or disposal facilities, electric generating plants and facilities, incinerator or landfills, water purification facilities, automobile and truck body shops, junkyards and salvage yards, human and animal crematories, motor freight terminals, used motor vehicle storage and impoundment yards, and firing ranges. “Industrial, light” means industrial uses engaged in light manufacturing, packing, storage, and distribution of products, including warehousing, wholesaling, and shipping and receiving, and scientific research development and training, kennel and animal hospitals, new vehicle storage, and vehicle transportation service establishments. “Industrialized home” means a dwelling unit manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs. "Industrial stormwater general permit" means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies onsite pollution control strategies based on Standard Industrial Classification (SIC) Code. "Infiltration" means the process of percolating stormwater runoff into the subsoil. "Inert construction waste" means waste building materials and other waste resulting from the construction, remodeling or repair of houses, buildings and other structures which will not or are not likely to cause production of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. This definition excludes all waste not specifically listed above. "Infill" means development of vacant or remnant lands passed over by previous development in the area. "Infrastructure" means manmade structures and systems which serve the common needs of the population, such as: Sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. “In-Kind Mitigation” means the replacement of the impacted aquatic site with one of the same hydrologic regime and plant community type (same species composition). "Inoperable vehicle" means any motorized vehicle incapable of immediately being driven. "Impervious cover" means any manmade paved, hardened, or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools, and any concrete or asphalt paving. "Inspection and maintenance agreement" means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. "Institutional use" means activities for civic, cultural, educational, social, or governmental purposes. “Intensity of use” means the number of dwelling units per acre for residential development and the Floor Area Ratio for nonresidential development, such as commercial, office, industrial. "Interior landscape area" means an area to be landscaped which is located in the interior area of a CHAPTER 19: ACRONYMS AND DEFINITIONS Page 386 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy development or building site where vehicular parking spaces are to be provided or which is otherwise to be covered with impervious surface. "Interparcel connection" means a vehicular and pedestrian road, street or lane connecting segment and or sidewalk access for public use to gain access to adjacent residential subdivisions, commercial, industrial and mixed use subdivisions and establishments where access to contiguous properties would otherwise require vehicle trips on frontage roads for access. "Invasive plant" means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems. A landscape architect or certified arborist shall be required to identify invasive species. J “Junk” means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition. For example, but not limited to, tires, unregistered and inoperable vehicles, equipment, paper, rages, metal, building materials, household appliances, or lumber. "Junk/salvage yard" means any use on public streets or private property involving the parking, storage or disassembly of vehicles and/or machinery; the storage, sale or resale of used auto parts, tires, scrap iron, metal; used plumbing fixtures, old stoves, refrigerators and other old household appliances; used brick, wood, or other building/structural materials, used paper, rags or other scrap materials. These uses shall be considered junk yards whether or not all or part of these operations are conducted inside a building or in conjunction with, or accessory to other uses of the premises. "Junked vehicle" means any wrecked inoperable, dismantled automobile, truck or other vehicle which does not bear a current State license plate. “Jurisdictional Wetlands” means a wetland regulated under the federal Clean Water Act for which a § 404 permit from the U.S. Army Corps of Engineers may be needed to impact the wetland. Not all wetlands are jurisdictional wetlands. K "Kennel" means: (1) "Commercial kennel" means any location which provides boarding and care for dogs, cats, or other small animals for pecuniary gain. (2) "Noncommercial kennel" means any single-family residence in the RA zoning district where no more than ten (10) adult dogs and/or cats are kept as pets for the noncommercial purpose of hunting, exhibition in shows, field trials or breeding. Surplus offspring bred at such kennels to enhance or perpetuate any given breed, recognized by the American Kennel Club, may be sold at such kennels and shall not be considered a commercial activity. All animals kept or maintained in said kennel must be owned by the individual or family residing upon the lot upon which the kennel is located. "Kindergarten" means a State-approved institution for the education of pre-school aged children. "Kitchen" means a room or interior area equipped for preparing and cooking food. L “Laboratory” means a place devoted to experimental study, such as testing and analyzing, but not including the manufacturing of products. "Land development activities" means those actions or activities which comprise, facilitate or result in land CHAPTER 19: ACRONYMS AND DEFINITIONS Page 387 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy development. "Land development permit" means the authorization necessary to begin construction-related, land-disturbing activity. "Land development project" means a discrete land development undertaking. "Land disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, that do not involve construction, paving or any other installation of impervious cover. "Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and grubbing, grading, or development permit as defined and authorized under the development regulations of the City of Stockbridge. "Land disturbing activity" means 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 described [in] O.C.G.A. § 12-7-17(5) or silvicultural activities as described [in] O.C.G.A. § 12-7-17(6) within areas zoned for these activities. “Land use” means a description of how land is occupied or used. “Landfill” means a disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternating layers of specified depth in accordance with an approved plan. See Sanitary Landfill. “Landlocked” means a lot or parcel of land without direct access to a public road. "Landscape plan" means a detailed plan depicting proposed landscaping which will accompany all site plans submitted for development approval when required by the unified development code. “Landscaping service” means an establishment engaged in performing a variety of lawn and landscaping services such as lawn fertilizing, mowing, spraying and planting, and the planting and maintenance of landscaping "Landscape strip" means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized. "Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one (1) 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. “Laundromat” means a business that provides home-type washing and drying machines for hire to be used by customers on the premises. “Library” means a building in which literary, musical, artistic or reference materials are kept for use but not generally for sale. "Linear feasibility program" means a feasibility program developed by the City of Stockbridge and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when it would be infeasible to implement stormwater management standards for linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies. "Linear transportation projects" means construction projects on traveled ways, including, but not limited to, roads, sidewalks, multi-use paths and trails, and airport runways and taxiways. "Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, CHAPTER 19: ACRONYMS AND DEFINITIONS Page 388 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such terms defined on O.C.G.A. § 16-7-51(6). “Livestock” means any animal raised for food, raw materials or pleasure, and customarily kept on a farm, including but not limited to, beef and dairy cattle, sheep, swine, poultry, horses, mules, donkeys, goats, turkeys, bison, llama, emus and any animal having hooves. This definition of livestock shall not apply to pet chickens owned pursuant to section 9-72 as domesticated animals. "Live-work unit" means a dwelling unit containing an office use of the lesser of six hundred (600) square feet in floor area or forty percent (40%) of the unit's total floor area. Office uses shall be adjacent to sidewalk area; and shall be the place of employment for no more than five (5) persons, at least one (1) of whom shall be a resident thereof. A live-work unit is considered a mixed-use building. Live-work units are permitted in residential and commercial areas, according to the framework plan. "Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used. "Lodge" means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues-paying members and their guests. There are no sleeping facilities. “Long-Term Truck Storage” means the parking or storage of freight trucks for periods exceeding 24 consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. "Lot" means a portion or parcel of land separated from other portions or parcels by description, such as on a subdivision plat, survey map, or metes and bounds. (1) "Corner lot" means a lot abutting two (2) or more streets at their intersection, or bounded on two (2) or more adjacent sides by street right-of-way lines. (2) "Double frontage lot (through lot)" means a lot, other than a corner lot, that has frontage upon two (2) or more streets that do not intersect at a point abutting the property. (3) "Flag lot" means a lot with uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure. (4) "Interior" means a lot other than a corner lot or a through lot. "Lot depth" means the average horizontal distance between the front and rear lot lines. (Lot definitions are illustrated in figure A.1.) [not available] "Lot line” or “property line" means the property boundary, abutting a right-of-way line, or any line defining the exact location of a lot. "Lot of record" means an individual lot or a lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of superior court of Henry County, Georgia, or a parcel of land the deed of which has been recorded in the office of the clerk of superior court of Henry County. "Lot width" means the horizontal distance between the side lot lines measured along the street right-of-way lines. For cul-de-sac lots, lot width shall be measured at the right-of-way and shall be a minimum of 50% of the required width of the zoning district requirement. “Low impact development” is a land planning and engineering approach that manages stormwater runoff by mimicking natural site hydrology. "Lowest floor" means 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 CHAPTER 19: ACRONYMS AND DEFINITIONS Page 389 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy 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 unified development code. M “Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. “Manufacturing, heavy” means an establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials into new products, including assembling, converting, altering, finishing of component parts, or the manufacture of such products, and the storage and/or blending of large volumes of materials of a heavy nature including but not limited to metal, concrete, plastic, petrochemicals, and heavy machinery. “Manufacturing, light” means an establishment engaged in the transformation of finished products or parts into new products, including assembling, converting, altering, and finishing of component parts; or the manufacture of products and the blending of materials of a light nature, including paper, wood, or food products and light machinery. Unlike heavy manufacturing, light industrial uses are typically processes that do not create noise, fumes, smoke, odors, or glare or health or safety hazards outside of the building where such processes occur "Manufactured home" means a structure transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) 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 when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. Manufactured homes are built or fabricated in an offsite facility on or after June 15, 1976 and installed or assembled on the home site. They must meet U.S. Department of Housing and Urban Development (HUD) construction requirements. Manufactured homes may be single- or multi-section and are transported to the site and installed with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act. “Manufactured home, new” means a manufactured home that is purchased from either the original manufacturer or a dealer in the ordinary course of such dealer's business and has never been titled or previously occupied.” "Master development plan" means a written and graphic submission for a mixed-use development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for the MU zoning district. “Material change in appearance” means a change that will affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, or landscape feature within a historic district, such as: (1) A reconstruction or alteration of the size, shape or façade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements; CHAPTER 19: ACRONYMS AND DEFINITIONS Page 390 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy (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; or (5) The erection, alteration, restoration or removal or any buildings or other structure within a historic property or district, including walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations. "Mean sea level" means the datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this Section, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988. “Megachurch” means a house of worship with a seating capacity or holding capacity of ten thousand or more persons. This use tends to draw from a regional area, have a variety of activities that take place over the entire week, and generate significant amounts of traffic. “Metes and bounds” means a method of describing the boundaries of land by directions (bounds) and distances (metes) from a known point of reference "Mini-warehouse" means a building or portion thereof used for storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use. "Mixed use (development)" means a development project that incorporates two (2) or more different types of land uses or activities, such as residential, commercial, office, and/or industrial. A mixed-use development has the different types of land uses in proximity, vertically or horizontally, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas. "Mobile food services, portable restaurants, temporary outdoor and sales, and sidewalk sales" means any temporary business selling goods or merchandise from a tent, truck, vending cart or other areas outside of a permanent structure on property owned or leased by the business. Temporary outdoor sales do not include sales conducted by charitable organizations incidental to the principal or permitted use or structure on the property. "Mobile home" means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) 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 when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. Documentation of compliance with the National Mobile Home Construction and Safety Standard Act (United States Department of Housing and Urban Development certification) shall be required. "Manufactured home park" means a parcel of land that has been planned and improved for the placement of manufactured homes for living or sleeping purposes, or where spaces or lots are set aside and offered for rent for use by manufactured homes for living or sleeping purposes, including any land, building or structure or facility used by occupants of manufactured homes on such premises. A manufactured home park does not include an automobile or manufactured home sales lot on which unoccupied manufactured homes are parked for inspection or sale. "Motel" means an establishment where lodging without separate cooking facilities are provided to the public for compensation, in which ingress or egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby. Includes a building or group of buildings intended for short-term use by transients or the travelers, and containing sleeping accommodations with sanitary facilities. Other synonymous terms include hotel, tourist court, motor court, motor inn, or motor lodge. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 391 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy (1) Extended stay motel or hotel. A motel providing sleeping accommodations, sanitary facilities, and kitchen facilities, intended for overnight or weekly use. “Motion picture theater” means a place where motion pictures are shown to the public for a fee. "Move-in house or structure" means [a] pre-existing dwelling or structure relocated to another lot or on the same lot. "MS4 permit" means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the City of Stockbridge's municipal separate storm sewer system. “Multi-Use Path” means a multi-use pathway for all non-automobile users, including pedestrians and bicyclists. The minimum viable width for a Multi-use Path is ten feet and traffic flow is two-way. N "National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. "Native plant" means a plant that is a part of the balance of nature that has developed over hundreds or thousands of years in a particular region or ecosystem. "Natural area" means an area of natural vegetation that is generally undisturbed, unmaintained, and is selfperpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses. “Natural drainage flow” means the pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading. "Natural ground surface" means the ground surface in its original state before any grading, excavation or filling. "Natural vegetated area" means an undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to: Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife; outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting; education, scientific research and nature trails; maintenance or repair of lawfully located roads, structures and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized; and limited excavating, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above. “Neighborhood” means an area of a community with characteristics that distinguish it from other areas and that may include distinct housing types, schools, or boundaries defined by physical barriers, such as highways or railroads, or natural features such as water bodies. “Neighborhood park” means a park area designed to serve the active recreational needs of the neighborhood, such as field games, playground apparatus, crafts, and picnicking. The National Recreation and Park Association publishes guidelines and general development standards for variety of park and recreational facilities. "Nephelometric turbidity units (NTU)" means 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. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 392 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Net acreage" means the total acreage of any parcel or combined parcels of land to be developed as a single project, less the sum of the following: Total number of acres contained in the one hundred-year flood hazard area, total number of acres contained in rights-of-way and the total number of acres contained in detention or retention ponds to be constructed. "New construction" means any structure (see definition) for which the start of construction commenced after June 2, 1987, and includes any subsequent improvements to the structure. "New development" means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site. "New manufactured home park or subdivision" means 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 June 2, 1987. “News rack” means one or more self-service or coin-operated boxes, containers, storage units, or other dispensers fused for the display and sale or distribution of newspapers, periodicals, or other written material. “Night club” means an establishment open only late at night, in which music is provided, along with space in which dancing by patrons may occur. “Noise disturbance” means any noise exceeding the noise level limits established for the specific zoning district. "Nonconformity," “nonconforming situation,” or "nonconforming use" means a land use activity, building or structure legally established prior to adoption of this unified development code, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this section. "Nonconforming sign" means a sign that was legally erected under previous sign regulations, and which became nonconforming to the provisions of this article that were adopted following the installation of the sign. "Nonpoint source pollution" means a form of water pollution that does not originate from a discrete point such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. "Non-stormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater. “Nuisance” means a condition or situation that results in an interference with use and enjoyment of property. “Nuisance abatement” means programs designed to acquire, in an expedited manner, properties that are declared nuisances for all or some of the following reasons: blight, habitually used for illegal purposes, fire damage, gross neglect, disrepair, and debris. "Nursery school, kindergarten schools." See "day care" definition. "Nursing home" means a use in which domiciliary care is provided to one (1) or more convalescing, chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 393 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy O “Object” means a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. “Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communications equipment. “Office headquarters” means a large building, five thousand square feet or larger, on a tract of land totaling fifty acres or more built for a specific corporate use and/or user. “Office, home” means a home occupation in which a part of the dwelling unit is used as the resident’s office. See Home Occupation. “Office building” means a building used primarily for the conducting the affairs of a business, profession, service, industry or government or like activity; it may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child-care services. “Office park” means a development on a tract of land that contains a number of separate office buildings, with accessory and supporting uses, and open space designed, planned, constructed and managed on an integrated and coordinated basis. “Off-site” means located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a continuous portion of a street or right-of-way. “Off-street parking” means a parking space that is not located on a dedicated street right-of-way and that is directly accessible to an access aisle. “One-way car sharing” means a car sharing system where the vehicle does not have to be returned to the location from which it was rented. “On-site” means located on the lot that is the subject of the application for development. “On-street parking space” means a parking space that is located on a dedicated street right-of-way. "Open space" means permanently protected areas that are preserved in a natural state and undisturbed land or otherwise properties set aside for recreational uses, buffers, common areas, landscape areas, as well as other uses defined under the "open space categories" described below. Buffers and wetlands, if located on lots to be conveyed to private property owners, shall not be considered as "open space." Land contained within the one hundred-year flood zone shall not be considered as "open space" if located on lots that are to be conveyed to private property owners. Land designated as "open space" is divided into five (5) categories (the "open space categories" or, singularly, an "open space category"): (1) "Category A" means wetland stream buffers; one hundred-year flood hazard areas, undisturbed buffers between various land uses, roadside buffers, wildlife sanctuaries, and other forms of buffers, if owned by the developer or a property owners association; (2) "Category B" means improved and revegetated areas utilized for active recreation, such as ball fields, parks and golf courses; (3) "Category C" means improved, active recreation areas, such as swimming pools, tennis courts and playgrounds; (4) "Category D" means State waters, including wetlands, ponds, lakes, if owned by a developer or a property owners association; and (5) "Category E" means land donated to a governmental entity for public use, provided such land is not located in a wetland or one hundred-year flood zone. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 394 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Open space, common” means land within or related to a development, not individually owned or dedicate for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests and that may include complementary structures and improvements as are necessary and appropriate. “Open space, natural” means an open space area that is in an unimproved and undisturbed state, with no changes to existing grade or removal of existing vegetation. “Open space, private” means open space, the use of which is limited to the occupants of a single dwelling, building or property. “Open space, public” means open space owned by a public entity and maintained by it for the use and enjoyment of the general public. “Open space ratio” means the total area of open space divided by the total site area in which the open space it to be located. “Operator" means the party or parties that have: 1. Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or 2. 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. “Ordinance” means a law or regulation adopted by a governing body. “Ordinary high water mark” means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. "Outdoor play area" means an area outside the principal structure designed and set aside for recreation and play in the open air and sunshine and may contain some play equipment. See "child care center" definition. "Outfall" means 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. "Outside storage" means the placement or containment of goods, materials, or equipment other than within a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to other locations. "Overbank flood protection" means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). "Overhang" means the edge of a roof that projects out over the space or wall beneath. "Overlay zoning district" or "overlay district" means a defined geographic area that encompasses one (1) or more underlying zoning districts and that superimposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with existing zoning districts or containing only parts of one (1) or more such districts. Permitted uses in the underlying zoning district shall continue subject to compliance with the regulations of the overlay zone or district where that use is expanded or enlarged after the adoption of this unified development code. "Owner" means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in CHAPTER 19: ACRONYMS AND DEFINITIONS Page 395 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. P “Parapet” means (1) a barrier, roof, wall, or railing along the edge of a balcony, bridge, terrace, or roof where there is a drop and sudden danger of failing; or, (2) a wall or hip-roof extension along the edge of the roof to visually and acoustically screen rooftop mechanical and HVAC equipment. “Paratransit” means a form of public transportation service characterized by the flexible routing and scheduling of small vehicles, such as taxis, vans, small buses, to provide shared occupancy, doorstep, or curbside personalized transportation service. Example: Lyft, Uber, Yellow Cabs, MARTA. "Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records. “Park, dog” means a parcel or tract of public or privately owned land set aside and designated for the use by dog owners as “off-leash” areas for exercising their canine pets. “Park, private” means a tract of land owned or controlled and used by a specific person or entiry for active or passive recreational purposes. “Park, public” means a tract of land owned by a branch of government and available to the general public for recreation purposes. “Park-and-ride facility” means a parking lot designed for drivers to leave their cars and use mass transit facilities beginning, terminating, or stopping at the park-and-ride facility. “Parking, shared” means the joint utilization of a parking area for more than one use. Involves spaces that are used at different times by different uses, or a single space that serves several stores so that a vehicle does not need to be moved from place to place. Shopping center parking is an example of shared parking. For new construction, instead of computing the parking requirement for each use, a single overall parking ratio may be used. "Parking space, off-street" means an off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, design standards for which are contained in the unified development code. “Parking structure” means a building or structure consisting of more than one level and used to store motor vehicles. See Garage; Garage, Municipal; Garage, Public. “Party driveway” means a single way providing vehicular access to two or more properties. “Party wall” means a common wall shared by two attached structures, buildings, or dwelling units. “Path” means a cleared way for pedestrians or bicyclists that may or may not have been improved. "Patio cover" means an attached structure with open, screened or glazed walls which is used only for recreational, outdoor living purposes associated with the dwelling unit and not as carports, garages, storage rooms or habitable rooms. "Paved" means a durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks, or similar material. Crushed gravel, stone, rock, dirt, sand, or grass are not permitted as a paved surface. "Pavement width" means the cross-section width of a paved road measured from edges of pavement. “Pedestrian” means an individual who travels on foot. “Pedestrian walkway” means a right-of-way for pedestrians, separate from vehicular traffic and including access ramps, stairs, mechanical lifts, and routes through buildings and other areas that are available for public use. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 396 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Percolation test” means a test designed to determine the ability of the ground to absorb water and used to determine the suitability of soil for drainage or septic system use. "Perennial stream" means any stream which flows throughout the entire year, as shown as a solid blue line on a United States Geological Survey (USGS) Seven-Minute Topographic Series Maps (1:24,000). “Performance guarantee” means any security that may be accepted by a governmental entity to ensure that improvements required as part of an application for development will be satisfactorily completed. Examples, cash, surety bond, or letter of credit. “Permeable pavement system” means an alternate or supplemental stormwater management system using cast-in-place or pre-cast modular units, both of which create voids for gravel or grass. "Perimeter landscape area" means an area to be landscaped which is located between the buffer area required by the unified development code and the interior landscape area, as defined in the unified development code. "Permit" means the authorization, issued by the City of Stockbridge to the applicant that is necessary to conduct the activity that was applied for and approved. “Permitted use” means any use allowed in a zoning district as a matter of right. “Permittee” means any person to whom a permit is issued. "Person" means 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 this State, any interstate body or any other legal entity. "Personal care home" means a personal care home is a single home where personal care services are provided to no more than six (6) nonfamily adults. Personal care services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. A care home cannot provide nursing or other medical services or admit and retain residents who need continuous medical or nursing care (see O.C.G.A. § 31-7-12 for State requirements for personal care homes). The term "personal care home" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals, nor does it include halfway houses, residential treatment facilities, nursing homes, sanitariums, hospital or other institutional facilities, or rooming or boarding facilities which do not provide personal care. “Personal services” means establishments primarily engaged in providing services involving the care of a person or their personal goods or apparel. Examples: laundry, including pressing and cleaning service; diaper service; linen supply; beauty shops; barbershops; shoe repair; steam baths; clothing rental; porter service; and domestic services "Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to or after development. “Pharmacy” means a place where prescription drugs and medicines are prepared and dispersed. "Phase" or "phased" means 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. “Place of worship” means (1) a church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar belief; (2) a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis. “Planned Development” means an area of minimum size that is planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses, an appurtenant common areas and CHAPTER 19: ACRONYMS AND DEFINITIONS Page 397 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy accessory uses, customary and incidental to the predominant uses. “Planned Commercial Development” means an area of at least 10 acres in size to be planned, developed, operated and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate office, retail, commercial uses, and other uses incidental to the predominant commercial use “Planned Industrial Development” means an area of at least 10 acres in size to be planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate industrial, manufacturing, warehousing, office, retail, and commercial uses, and other uses incidental to the predominant industrial use. "Planned Unit Development" means development which has both residential and nonresidential land uses according to a master development plan, with related covenants and restrictions. Developments within a PUD project may have flexibility in the application of development standards when approved according to a master development plan, and to promote the conservation of natural resources, more efficient use of land, and, efficiency in the extension of streets and utilities. “Plat” means (1) a map representing a tract of land, showing the boundaries and locations of individual boundaries and streets; (2) a map of subdivision showing compliance with the requirement of all applicable sections of this UDO and any conditions of approval adopted by the Mayor and City Council. “Plat, final” means a map of all or a portion of a subdivision that is presented to the approving authority for final approval. Approval of the final plat is usually granted only upon the completion or installation of all improvements or the posting of performance guarantees ensuring the completion of such improvements. Final approval is required before the property can be transferred or building permits issued. “Plat, preliminary” means the approval of a preliminary plat merely gives the subdivider the authorization to proceed with the planning and development phase of the project. “Plaza” means an open space that may be improved and landscaped; usually surrounded by streets and buildings. "Pocket park" means a park for active or passive recreational uses consisting of no less than one-quarter (¼) of a net useable acre (or fourteen thousand two hundred fifty (14,250) square feet). Pocket parks may be consolidated, provided that the development contains no fewer than one-half (½) the number required and that any consolidated pocket park does not exceed one (1) net useable acre (or forty-three thousand five hundred sixty (43,560) square feet), nor contain less than one-half (½) a net useable acre (or twenty-one thousand seven hundred eighty (21,780) square feet). The purpose of pocket parks is to provide open space for recreational use within walking distance of most residences especially those located farthest from amenity areas. Therefore, where required, pocket parks shall be scattered throughout the development but more greatly concentrated in those parts of the development which are the greatest walking distance from an amenity area. “Portable On Demand Storage Unit (PODS)” means a lightweight storage containers that provide temporary storage for homeowners in yards or driveways. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter or any kind. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 398 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Pollution" means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a 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, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. “Pop up stores” means retail space that is temporary, utilized for short term sales, ranging from one day to several weeks. "Portico" or "porch" means a covered entrance to a large building or a covered walkway, often leading to the main entrance of a building that consists of a roof supported by pillars. "Post-construction stormwater management" means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan. "Post-development" refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. "Practicability policy" means the latest edition of the Metropolitan North Georgia Water Planning District's Policy on Practicability Analysis for Runoff Reduction. "Pre-development" refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions. "Pre-development hydrology" means: 1. For new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and 2. For redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property. “Pre-existing use” means the use of a lot or structure prior to the enactment of this UDO. "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "Previously developed site" means a site that has been altered by paving, construction, and/or land disturbing activity. "Primary surface" means an area longitudinally centered on a runway extending two hundred (200) feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. "Principal building" means the building or structure containing or to contain the principal use of a lot. “Principal entrance” means the place of ingress and egress most frequently used by the public. "Principal permitted use" means that use of a lot which is among the uses allowed as a matter of right under the zoning classifications. (Also see "WCF principal" or "accessory use.") "Private deed restrictions or covenants" means private deed restrictions or covenants imposed on land by CHAPTER 19: ACRONYMS AND DEFINITIONS Page 399 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy private land owners. They bind and restrict the land in the hands of present owners and subsequent owners. They are enforceable only by the land owners involved and not by the county or other public agency. “Prohibited use” means a use that is not permitted in a zoning district. "Project" means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a building permit or other development approval, or for an interrelated collection of buildings and common public facilities such as a residential subdivision or an office park. "Project improvements" means site specific improvements or facilities that are planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only, and that are not "system" improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or a "system" improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a "project" improvement or a "system" improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the City of Stockbridge, Georgia, shall be considered a project improvement. "Property line." See "lot line." "Property owner" means that person or entity that holds legal title to property. "Proportionate share" means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project. "Protection area" or "stream protection area," with respect to a stream, means the combined areas of all required buffers and setbacks applicable to such stream. "Public facilities" or "public spaces" means: (1) Parks, open space, and recreation areas and related facilities; and (2) Public safety facilities, including police, inmate housing, fire, animal control, emergency medical, and rescue facilities; (3) Libraries and related facilities; and (4) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any other components of State or Federal highways. “Public hearing” means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to ask questions, comment, and participate "Public or private property" means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties. "Public streets" means right-of-way dedicated to the county or owned by the county for public street purpose. "Public utility" means firm, corporation, or local government authorities providing gas, electricity, communications service, and similar essential services. "Public water facilities" means mains and service lines owned and operated by the City of Stockbridge, the Henry County Water and Sewage Authority, or when approved by the mayor and city council, a private water system operating under the direct supervision of the DNR. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 400 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Q "Qualified personnel" means any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19. “Quasi-judicial” means public officials whose acts are functionally comparable to those of a judge, and hence are immune personally from lawsuits. “Quorum” means a majority of the full authorized membership of a board or agency. R “Recreation, active” means leisure time activities, usually of a formal nature and performed with others, requiring equipment and taking place at a prescribed place, site, or field. “Recreation, passive” means activities that involve inactive or less energetic activities, such as walking, sitting, picnicking, and board and table games. “Recreation facility” means a place designed and equipped for the conducting of sports and leisure time activities. “Recreational vehicle” means a vehicular type portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as temporary living accommodation for recreational and camping purposes. These include: · Travel trailers – A vehicular unit, mounted on wheels, of such size and weight as not to require special highway moving permits with drawn by motorized vehicles (8.5 feet wide maximum) designated and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF when used for camping in set up mode. · Truck camper – A portable unit, designed to be loaded onto or affixed to , the bed or chassis of a truck and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Motorhomes – A vehicular unit built on a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping, or travel use and not larger than 400 SF. All such vehicles shall have a current state license, inspection sticker, and registration and be titled in the name of the current owner. · Camper trailer – A vehicular unit mounted on wheels and constructed a collapsible partial side walls which fold for towing by another vehicle and unfold on the camp site and designed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Tent – a moveable shelter made of canvas or other similar material and supported by a pole or poles and designed and manufactured to provide temporary living quarters for recreational and camping use. "Recycled water system" means a water system that captures and reuses water previously used in wash or rinse cycles. "Redevelopment" means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling. "Regulatory flood (regulatory flood elevation)" means the flood standard equal to or higher than the base CHAPTER 19: ACRONYMS AND DEFINITIONS Page 401 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy flood. “Remodel” means to construct an addition or alter the design or layout of a building or make alterations or structural changes. “Rental housing” means housing that is occupied by a tenant paying rent to an owner, with no part of the rent being used to acquire equity in the property. “Repair major” means improvement requiring a building permit. “Repair minor” means improvement to correct deficiencies resulting from normal wear and tear and not requiring a building permit. “Residential district” means an area where buildings used for exclusively for residential purposes occupy more than 50% of the total street frontage. "Residence" means a home, abode, or place where an individual is actually living on a non-temporary basis. “Restaurant” means an establishment where food and drink are prepared, served, and consumed primarily within the principal building. “Restaurant, drive-in” means an establishment where food or drink is served to and consumed by a customer in automobile while parked on the premises. “Restaurant, Drive-through” means an establishment in which food or drink is served to customers within automobiles outside the confines of the building and where the consumption of food or drink is intended to occur off the premises. “Restaurant, take-out” means where food and or beverages are sold in a form ready for consumption, where or all or significant part of the consumption takes place of premises. “Retail food establishment, mobile” means a vehicle, usually a van, truck, towed trailer, or pushcart from which food and beverages are sold “Retail sales” means establishments engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods. “Retaining walls” means a structure that is constructed between the lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures. “Rezone” means to change the zoning classification of a parcel of land. "Right-of-way" means access over or across a particularly described property for a specific purpose. A strip of land intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, storm sewer, drainage structure, sewer line, or other similar use. "Riparian" means belonging or related to the bank of a river, stream, lake, pond, or impoundment. "Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. “Roof” means the outside top covering of a building or structure. “Road frontage” means the distance on which a parcel of land adjoins a public street or public road right-ofway dedicated to and accepted by the city or the county for vehicular traffic or over which the city or the county may hold a prescriptive easement for public access, and including designated and numbered U.S. and state highways. “Road, minor collectors” means a road/street serving county-wide traffic, these roads collect traffic from CHAPTER 19: ACRONYMS AND DEFINITIONS Page 402 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy local roads/streets and bring developed areas within a reasonable distance of a major collector road; provide service to smaller communities; and link the locally important traffic generators with other areas. “Road, major collectors” means the primary purpose of a collector road is to collect and distribute traffic between the local streets and the major and minor arterial streets and to provide access to adjacent properties. These roads, with minor collectors, primarily serve county rather than state traffic. More moderate speeds are typical. They serve traffic generators of intra county importance, such as consolidated schools, shipping points, county parks, and important business and agricultural areas. They link these places with nearby cities, arterials and freeways, and serve the more important intra county travel corridors. "Routine maintenance" means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. "Runoff." See definition for "stormwater runoff." “Rural area” means a sparsely developed area, with population density of fewer than 100 persons per square mile, where the land is undeveloped or primarily used for agricultural purposes. S “Sanitary sewer” means an underground system that carries wastewater and sewerage to a treatment plant. "Saved tree" means a tree in which the critical root zone has not been disturbed by more than 25%. “Scale” means the relationship between distances on a map and actual ground distance; or, the proportioned relationship of a size of parts to one another. “Scale of development” means the relationship or a particular project in terms of its size, height, bulk, intensity and aesthetics to its surroundings. “School” means any building or part thereof, that is designed, constructed, or used for education or instruction in any branch of knowledge or skill. “Screen” means a structure, berm, or planting consisting of fencing and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property or a portion thereof. "Sediment" means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. "Sedimentation" means the process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity. "Self-service storage facility" or “self-storage facility” means a fully enclosed facility containing independent bays and/or self contained units which are leased to or owned by individuals exclusively for dead storage of goods or personal property. “Septic system” means an underground system with a septic tank used for the decomposition of domestic wastes. "Service charges" means the periodic rate, fee or charge applicable to a parcel of land, which charge shall be reflective of the service provided by the city stormwater utility. Service charges are based on measurable parameters which influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of land. The use of impervious area as a service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat rate charges for one (1) or more classes of similarly situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively CHAPTER 19: ACRONYMS AND DEFINITIONS Page 403 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy consistent. Stormwater service charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management of that property, including, but not limited to, charges for development plan review, inspection of development projects and on site stormwater control systems and enhanced level of stormwater services above those normally provided by the city. "Setback" means the horizontal distance between a building or building line and a property line or a buffer line in which a structure cannot be erected or, with respect to a stream, the area established by the unified development code extending beyond any buffer applicable to the stream. (Setbacks are illustrated in figure A.2.) "Screening" means a method of shielding or obscuring one (1) abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like. "Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk. “Short-Term Truck Parking” means the parking of freight trucks for periods not to exceed 24 hours for overnight rest, mandatory breaks, or temporary parking. "Sidewalk area" means an area improved for walking along an existing street, primary grid, or secondary grid that begins at the street curb, or edge of pavement if no curb exists, and consists of a contiguous and continuous landscape zone and pedestrian zone. (1) "Sidewalk planted landscape zone" means the paved or unpaved portion of the sidewalk area adjacent to the street and reserved for trees, groundcover, and street furniture including, waste receptacles, traffic signs, newspaper boxes, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. (2) "Sidewalk clear zone" means the paved portion of the sidewalk area reserved for pedestrian passage and unobstructed by any permanent objects to a height of eight (8) feet above the paved surface. The pedestrian zone shall be adjacent to the landscape zone and shall have a consistent cross-slope not exceeding two percent (2%). “Sight triangle” means the triangular shaped portion of land at street intersections in which nothing is erected placed, or planted or allowed to grow as to limit obstructions to the sight distance of motorists entering or leaving the intersection. "Sign" means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed in view of the general public. For the purpose of determining number of signs, a single display surface or a single display device containing different elements that are organized, related, and composed to form a unit shall be considered to be one (1) sign. Where different elements are displayed in a random manner without an organized relationship to each other, or where there is reasonable doubt as to the relationship of different elements to each other, each element shall be considered to be a single separate sign. “Sign, animated” or “sign, moving” means a sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. “Sign, awning” means a sign that is mounted, painted, or attached to an awning or other window or door canopy that is otherwise permitted by this UDO. “Sign, banner” means a temporary sign of cloth or similar material. “Sign, blade” means a vertically oriented wall sign, also known as a projecting sign. “Sign, canopy” means a sign attached to the underside of a canopy. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 404 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Sign, digital” means changeable electronic variable message signs that have changeable messages or displays and meet the requirements related to the duration of messages, transition time, lighting, and brightness. “Sign, directory” means a sign listing the tenants or occupants of a building or group of buildings. “Sign, electronic” means a sign composed of content or messaging can be changed or altered on a fixed display screen composed of electrically illuminated segments. “Sign, entrance” means a sign placed near the intersection of a public street and a public or private entryway into a residential or mixed-use development that identifies the name of the development. “Sign, flashing” means any sign with a message area that electronically scrolls, flashes, varies in illumination, rotates, or changes more often than once every fifteen (15) seconds. “Sign, freestanding” means sign not affixed to a building. “Sign, ground” means any sign principally supported by uprights or braces which are permanently placed into the ground and not supported by or suspended from any building or structure. A ground sign is a type of freestanding sign. “Sign, hand-held" means any sign greater than 36 square inches (0.25 square feet) that is carried or physically supported by a person. “Sign, hanging” means a sign that hangs below, and it supported by, a marquee, canopy, or awning and is perpendicular to the building face. “Sign, holiday decoration” means temporary signs, in the nature of decorations, and customarily and incidentally associated with a national, local, or religious holiday. “Sign, illuminated” means a sign lighted by or exposed to, artificial lighting either by lights on or in the sign or directed toward the sign. “Sign, inflatable” means any display capable of being expanded by air or other gas. “Sign, informational” means a sign not permanently installed in the ground with an area of not greater than four (4) square feet, and a height no greater than three (3) feet. with a sign face made for short term use, containing no reflecting elements, flags, or projections. Standard information signs are mounted on one or more stakes or metal frames, with a thickness or diameter not greater than two (2) inches each. “Sign, internal” means a sign that is not intended to be viewed from outside the subject property and is located so as not to be visible from any public right-of-way or from any other nearby property. “Sign, landmark” means a sign that has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. Such examples include metal frame roof signs, neon signs, and tower-style freestanding signs. “Sign, mobile” means any sign that is either part of or otherwise affixed to any trailer or vehicle, whether motorized or non-motorized, intended for long-term display at a particular location. “Sign, monument” means a freestanding sign of which the entire bottom of the sign is generally in contact with or near the ground providing a solid and continuous background for the sign face from the ground to the top of the sign. The structure shall be at least as wide as the sign and shall be constructed of brick, stone, or an architectural masonry material. “Sign, multi-faced" means a sign with two (2) faces mounted or placed on the same structure that form a geometric angle of less than 45 degrees at their vertex. The characteristics of the largest sign face shall be used to determine compliance. “Sign, portable” means a temporary sign, such as a sidewalk, sandwich, or A-frame sign, designed to be transported or easily relocated and not permanently attached to the ground and not otherwise permanently affixed to it as otherwise required by the building code. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 405 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy “Sign, projecting” means any sign which is attached perpendicular to a building or structure and projects outward from the portion of the building or structure to which it is attached. “Sign, pylon or pole” means a freestanding sign, mounted on one or more ground-mounted support poles or structures. “Sign, roof” means any sign erected upon or above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. “Sign, sidewalk or sandwich” means a movable A-Frame sign. “Sign, snipe” means any device created for the purpose of reflecting light directed at the device so as to render the device especially visible. “Sign, stake” means a temporary yard sign supported by at least one (1) upright stake placed into the ground, with a sign area not greater than eight (8) square feet. “Sign, temporary” means any sign or device which is not temporarily attached to the ground or other permanent structure, which is designed to be mobile or is designed to remain in place for a limited time, such as balloons, banners, and mobile signs. “Sign, wall” means a sign fastened to or painted on, the wall of a building or structure in such a manner as the wall becomes the supporting structure for or forms the background surface of the sign, and that does not project more than 12 inches from such building or structure. “Sign, window” means a permanent sign that is painted or mounted on a window pane or hung directly inside a window for the purpose of identifying the sign from the right-of-way or street. “Sign area” means the face of the sign, including letters, numerals, or graphics, but excluding any framing, trimming, molding or supporting structures. “Sign face” means the area or display surface on a sign used for the message. "Significant tree" means any existing, healthy, living tree eight (8) inches DBH or greater in size. “Silviculture” means a process, following accepted forest management principles, whereby forests are tended, harvested, and reforested either by natural or artificial reforestation, or both. "Site" means an area of land where development is planned, which may include all or portions of one (1) or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit. “Site” also means the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure. “Site plan” means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot including topography, vegetations, drainage, floodplains, and waterways; landscaping and open areas; walkways; means of ingress and egress; circulation; utility services; structures and buildings; lighting; berms, buffers, and screening devices; surrounding development; and other information that may be reasonably required in order for the governing authority to make an informed decision. “Site plan, minor” means a Development Plan involving an alteration or small addition to an existing development in which the increase in floor area is less than 10% of the existing floor area, does not require a new street or an extension of an existing street, does not require off-tract improvements, and does not require variances. "Small box discount store" means a retail store: (1) With floor area less than twelve thousand (12,000) square feet; CHAPTER 19: ACRONYMS AND DEFINITIONS Page 406 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy (2) That primarily offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and (3) Continuously offers and advertises a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item. Small box discount store shall not include the following: Drug stores or a convenience stores attached to or collocated with fuel stations. "Solar energy system (SES)" means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the City of Stockbridge zoning code, SES refers only to: (1) Photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device; or (2) Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling. SES as used in the City of Stockbridge zoning code excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity. "Solar energy system, integrated" means an SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter. "Solar energy system, rooftop" means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated SES. "Solar energy system, ground mounted" means an SES that is structurally mounted to the ground and does not qualify as an integrated SES. For purposes of the Stockbridge zoning code, any solar canopy that does not qualify as an integrated SES shall be considered a ground mounted SES, regardless of where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint. Ground mounted SESs shall be delineated by size as follows: (1) "Solar energy system, ground mounted small scale (small scale SES)" means a ground mounted SES with a footprint of less than two (2) acres. (2) "Solar energy system, ground mounted intermediate scale (intermediate scale SES)" means a ground mounted SES with a footprint of between two (2) and fifteen (15) acres. (3) "Solar energy system, ground mounted large scale (large scale SES)" means a ground mounted SES with a footprint of more than fifteen (15) acres. “Solid waste” means putrescible and non-putrescible wastes, except water-carried body waste, and shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludges, animal manure, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and any other waste material in a solid or semi-solid state not otherwise defined in these regulations. "Solid waste management facilities" means public or private disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating, or disposal of garbage, sewage, rubbish, offal, oil field wastes, CHAPTER 19: ACRONYMS AND DEFINITIONS Page 407 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy hazardous waste, or other waste material originating on or off the premises. "Special event" means a gathering or event for which the promoter or other person, firm, or corporation holding or producing the event must obtain a permit. "Special use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A special use is permanent in nature. “Specimen tree” means a particularly impressive or unusual example of a species because of its size, age, shade, or other trait that epitomizes the character of the species. "Stabilization" means 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. "Stable, private" means a stable with a capacity of not more that four (4) horses, mules or other draught animals. "Stable, public" means a stable other than a private stable with a capacity of more than four (4) horses, mules or other draught animals. "Start of construction" means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days after 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. "State waters" means 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 the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation, except any project involving less than one (1) acre of disturbed area and as may be defined in O.C.G.A. § 12-7-17(7). "Stormwater concept plan" means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan, including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design. "Storm drainage system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs and other drainage structures. "Stormwater management plan" means a plan for post-construction stormwater management at the site that meets the requirements of Chapter 17 and is included as part of the land development application. "Stormwater management standards" means those standards set forth in Chapter 17. "Stormwater management system" means the entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of CHAPTER 19: ACRONYMS AND DEFINITIONS Page 408 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. "Stormwater pollution prevention plan" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable. "Stormwater runoff" means flow along the surface of the ground, resulting from precipitation. "Stream" means any stream, beginning at: 1. The location of a spring, seep, or groundwater outflow that sustains stream flow; or 2. A point in the stream channel with a drainage area of twenty-five (25) acres or more; or 3. Where evidence indicates the presence of a stream in a drainage area of other than twenty-five (25) acres, the City of Stockbridge may require field studies to verify the existence of a stream. "Stream bank" means the sloping land that contains the stream channel and the normal flows of the stream. "Stream channel" means the portion of a watercourse that contains the base flow of the stream. "Street" means any right-of-way, public or private, including arterials, collectors, local roads, and roadways by any other designation, as well as bridges, tunnels, andy other portions of the transportation network. “Street” also means the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, curb and gutter, sidewalks, drainage ditches and structures, and other areas within the right-of-way lines. (1) "Alley" means a strip of land providing vehicular and pedestrian access to the rear of properties which abut and are served by a public street. (2) "Boulevard" means a street developed with two (2) one-way pavements separated by a landscaped median. (3) "Collector street" means a public street whose function is to collect traffic from local streets and neighborhoods and connects to another public street of equal or greater classification. A collector may also provide direct access to adjacent properties. (4) "Cul-de-sac" means a dead-end local street, of limited length, opened at one (1) end and closed at the other by a permanent turnaround. (5) "Dead-end street" means a local street open at one (1) end and closed at the other. (6) "Expressway" means the expressway system, which includes high volume limited access thoroughfares through the county and region beyond. (7) "Frontage road" means a street which is parallel to, and adjacent to major thoroughfare and which provides access to abutting properties and protection from through traffic. (8) "Local street" means a public street that serves a limited area and whose primary function is to provide direct access to adjoining properties. (9) "Major arterial" means a public street whose primary function is to connect two (2) highways of equal or greater classification or capacity, provide primary access to a large land area, provide access to a large traffic generator, or connect two (2) or more towns or communities. The secondary function is to provide local access. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 409 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy (10) "Minor arterial" means a public street that serves an intermediate function between collectors and major arterials, and also serves as a traffic feeder to major arterials and for cross-country and regional travel. (11) "Stub street" means a dead-end street at adjoining property lines intended for future extension to serve the development of adjoining areas. “Street furniture” means constructed, above ground objects, such as outdoor seating, kiosks, bus shelters, sculptures, trash receptacles, planters, bollards, fountains that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and outdoor spaces. "Structure" means anything constructed or erected with a fixed location principally above or on the ground or attached to something having a fixed location on the ground including a walled and roofed building, manufactured home, or gas or liquid storage tank. (1) "Structure, principal" means the building or structure in which the primary use permissible on the lot is conducted. (2) "Structure, accessory" or "accessory use" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. "Structural erosion, sedimentation, and pollution control practices" means 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. "Structural stormwater control" means a structural stormwater management facility or device that controls stormwater runoff and charges the characteristics of that runoff, including, but not limited to, the quantity and quality, the period of release or the velocity of flow. "Subdivision" means the division of a parcel or tract of land into more than one (1) or more lots or building sites for the purpose, whether immediately or in the future, of sale, of creating sites for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway. “Subdivision, consolidation” means the combining of individual recorded lots to form fewer tracts than currently exist. "Substantial damage" means 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 percent (50%) of the market value of the structure before the damage occurred. “Subdivision, minor” means any subdivision of land that does not involve the following (1) creation of more than the maximum number lots allowed by this UDO for that district; (2) any new street; (3) the extension of any off-tract improvements. "Substantial damage" means 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 percent (50%) of the market value of the structure before the damage occurred. "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the improvement. The market value of the building means: CHAPTER 19: ACRONYMS AND DEFINITIONS Page 410 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy (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 director, and not solely triggered by an improvement or repair project. "Substantially improved existing manufactured home park or subdivision" means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. “Surface area” is the total exterior area, calculated my measuring the height and with of each building façade, including projections. T “Telecommunications tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas: self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, and cellular communications towers. “Tenant frontage” means the horizontal distance in feet between the left-side wall and the right-side wall or building end wall of a tenant space fronting on a street. “Theater” means a building or part of a building used to show motion pictures or drama, dance, musical or other stage performances. "Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The term "timber harvesting" may include both clear cutting and selective cutting of timber. “Tiny house” means a detached single-family dwelling of compact design intended for permanent residential occupancy, constructed on a permanent foundation in accordance with the Georgia State Minimum Standard Residential Code, as amended, and containing not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Tiny House shall comply with the Tiny House requirements established in Section 3.2. of this UDC “Tiny house on wheels (THOW)” means a dwelling unit constructed on a trailer chassis or other movable platform that is designed to be transported on public roadways and is not permanently affixed to a permanent foundation. A Tiny House on Wheels shall not be considered a dwelling unit or a permitted residential use under this UDC. “Tiny house village development” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. “Tot lot” means an improved and equipped play area for small children, usually up to elementary school age. "Tower” or “tower support structure" means any structure designed and constructed primarily for the purpose of supporting one (1) or more antenna arrays, including self-supporting lattice towers, guy tower, or monopole towers. The term shall include radio and television transmission towers, microwave towers, common- CHAPTER 19: ACRONYMS AND DEFINITIONS Page 411 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy carrier towers, PCS service towers, cellular telephone towers, alternative tower structures, and the like. (1) "Monopole tower" means a cylindrical self-supporting communications tower constructed as a single spire. “Townhome” A residential dwelling unit constructed in a building containing three (3) or more attached dwelling units, with each unit having its own individual entrance. Townhomes may be developed on a common lot or on individually platted lots in accordance with the requirements of the applicable zoning district. "Tractor trailer storage" means property used for the long term-controlled storage of tractor trailers which include permanent office or security facilities. "Traffic impact study (TIS)" is an important tool in the overall development planning process (residential, commercial, industrial, institutional, etc.). It provides information which identifies impacts of proposed developments on the existing, short range and long range roadway/circulation networks. It also identifies mitigation measures for the impacts identified. Traffic impact studies shall be conducted by a qualified professional. “Transparency” is the minimum percentage of windows and doors that must cover a facade. “Transportation Improvement Project” means the construction, reconstruction, retrofit, or alteration of any street, and includes the planning, design, approval, and implementation processes, except that “Transportation Improvement Project” does not include routine upkeep such as cleaning, sweeping, mowing, spot repair, or pavement resurfacing. "Tree" means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three (3) inches at any point and a height of over twelve (12) feet. "Tree defects." Tree defects can be of two (2) kinds: Injury or disease that seriously weakens the stems, roots, or branches of trees, predisposing them to fail or structural problems arising from poor tree architecture. Tree hazards include dead or dying trees, dead parts of live trees, or unstable live trees due to structural defects or other factors that are within striking distance of people or property. "Tree density unit (TDU)" means a credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this chapter. "Tree density standard (TDS)" means the minimum number of tree density units per acre which must be achieved on a property after development. "Tree diameter" means the widest cross-sectional dimension of a tree trunk measured at the diameter at breast height (DBH). "Tree protection area" means any portion of a site wherein are located existing trees which are proposed to be preserved to comply with the requirements of this UDC. "Tree removal" means the physical act of cutting down and removing a tree from a site. "Tree replacement/protection plan" means a plan that identifies tree protection areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information. “Tree service” means a business whose primary operation is the trimming or removal of trees and the storage and use of associated equipment and vehicles. "Tree thinning" means selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way, shall be construed as clear cutting. "Trout streams" means all streams or portions of streams within the watershed as designated by the Wildlife CHAPTER 19: ACRONYMS AND DEFINITIONS Page 412 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act. 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. “Truck staging or waiting area” means an area used for temporary truck waiting, dispatching, queueing, or idling generally not to exceed four (4) hours. For the purposes of this UDO, this definition shall not include loading zones associated with active loading and unloading activities. “Truck stop” means facility for parking of freight trucks for periods not exceeding twenty-four (24) hours for overnight rest, mandatory breaks, or temporary parking. “Truck storage facility” means a facility for the parking or storage of freight trucks for periods exceeding twenty-four (24) consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. “Truck terminal” means an area and building where trucks load and unload cargo and freight and where car and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. U "Understory tree”, “medium tree,” or “small tree" means a class of trees and large shrubs that do not attain the height of a canopy or shade tree, yet are large enough at maturity to provide shade for people, as well as many of the benefits of larger shade trees. Examples include Dogwood, Red Bud, Crabapple, Crepe Myrtle, Wax Myrtle, Ornamental Cherry, Hawthorne, and tree-type type hollies. "Undeveloped land" means land in its unaltered natural state or which has been notified to such minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have no pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate or flow in a manner materially different than that which would occur if the land was in an unaltered natural state. "Undisturbed buffer" means a buffer, either impervious or vegetated, in which no encroachment of buildings or structures is permitted. "Unit of development" means the standard incremental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit, square foot of floor area, motel room, etc. "Utility" means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads. “Utility box” means electric transformers, switch boxes, telephone pedestals, and telephone boxes, cable television boxes, traffic control boxes and similar devices. “Utility corridors” means rights-of-way or easements for utility lines on either publicly or privately owned property. “Utility services” means the generation, transmission, and/or distribution of electricity, gas, steam, communications and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 413 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy V “Vacancy” or “vacant” means any unoccupied land, structure, building or part thereof that is available and suitable for occupancy. "Variance" means a grant of relief from the site design requirements of the unified development code related to dimensional standards for lots, building placement, building height, and parking spaces. "Vegetative erosion and sedimentation control measures" means measures for the stabilization of erodible or sediment-producing areas by covering the soil with: 1. Permanent seeding, sprigging or planting, that produces long-term vegetative cover; 2. Temporary seeding that produces short-term vegetative cover; or 3. 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. "Vehicle, abandoned" means a vehicle which does not bear a current State license plate, unless said vehicle is stored within a completely enclosed building or it is stored on a bona fide sales lot and is in satisfactory operating condition. “Village center” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management or development regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. W “Wall” means (1) the vertical exterior of a building; (2) one of the vertical interior surfaces that divide the building into rooms. “Warehouse” means a building used primarily for the storage of goods and materials. “Waste” means an unusable or unwanted substance or material. “Waste transfer station” means a facility used to transfer solid waste from one transportation vehicle to another for transport to a disposal facility or processing operation. "Watercourse" means 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 includes any area adjacent thereto subject to inundation by reason of overflow or floodwater. "Watershed" means the land area that drains into a particular stream. "Wetlands" means those areas that are inundated or saturated by surface or groundwater 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. "Wireless communications" means any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services, including cellular, digital communications (DCS), personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television communications, and similar services that currently exist or that may in the future be developed. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 414 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy "Wireless telecommunications facility" means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. “Work day” or “working day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Wrecker service" means the recovering or removing wrecked, junked, abandoned, disabled or repossessed vehicles by a person, vehicle, or piece of equipment employed, especially a truck with a hoist and towing apparatus. Vehicle storage areas are only allowed with an approved conditional use. Dismantling of stored vehicles for resale purposes shall be prohibited. “Wrested vegetation” means as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action. X “Xeriscape” means landscape design encouraging the use of drought resistant plants and ground cover, as well as water conservation and retention techniques. Y "Yard" means a required open space located on the same lot as the principal building, unoccupied and unobstructed except for accessory uses, vegetation, and fences (1) "Front yard" means that area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. The front yard of a corner lot shall include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed. (2) "Rear yard" means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. The rear yard of a corner lot shall not include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. (3) "Side yard" means the area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard. “Yard sale” means the sale of miscellaneous used items, commonly associated with residential use, by the owner and/or occupants of a residential property on that property. Z "Zoning district" means the use classification of parcels of land as generally defined under this unified development code. "Zoning map" means a map of the City of Stockbridge, Georgia, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. "Zoning ordinance" means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards CHAPTER 19: ACRONYMS AND DEFINITIONS Page 415 City of Stockbridge | Unified Development Code Final Draft V5 · Council Review Copy of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein. O.C.G.A. § 36-66-3. CHAPTER 19: ACRONYMS AND DEFINITIONS Page 416 December 15, 2025 Ryan Anderson, MPPA Community Development Director City of Stockbridge 4602 N. Henry Blvd. Stockbridge, GA 30281 VIA EMAIL RE: City of Stockbridge Code Update Services Proposal Dear Mr. Anderson, CPL Architecture, Engineering, and Planning is pleased to offer this proposal for a comprehensive update to City of Stockbridge’s Unified Development Code. Scope of Work CPL will perform the scope of work identified by the following Tasks: 1. Research and Analysis: • Conduct a comprehensive review of the existing ordinances, identifying strengths, weaknesses, and areas for improvement. • Analyze demographic trends, land use patterns, prior zoning decisions, and development needs to inform zoning updates. • Evaluate best practices and zoning models from comparable jurisdictions to incorporate into the ordinance. • Develop a brief memo to summarize policy priorities and outline recommendations to carry into the drafting phase. 2. Public Engagement: • Convene a stakeholder committee of up to seven members. Host in-person stakeholder meetings to get detailed feedback on project progress. • Conduct community walking tour with Project Management Team (PMT) and other relevant stakeholders. • Host virtual one-on-one sessions with elected officials, department heads, and other key stakeholders, either to gather initial input or walk through the proposed draft document. • Host community open houses to gather feedback on draft content and present the final recommendations. 3. Ordinance Development: • Draft updated zoning regulations based on research findings, staff input, and best practices. • Ensure consistency with the City’s Comprehensive Plan and other planning documents. • Develop accompanying graphics, charts, and illustrations. Stockbridge Code Update Services Proposal December 15, 2025 Page 2 of 3 • Incorporate feedback and make necessary adjustments to the text amendment document. 4. Public Hearings and Adoption Process: • Coordinate with City officials to schedule public hearings and review sessions for ordinance review. • Present draft zoning updates to the public and stakeholders for feedback and revisions. • Provide support during the adoption process, including drafting resolutions, ordinance language, making presentations, and other necessary documentation. • Attend and present at up to one adoption meeting before the Planning Commission and one before the Mayor and City Council. Timeline: The proposed timeline for completion of this scope of work is 5-7 months for Tasks 1-3, followed by an undetermined duration that aligns with the City’s adoption process and legal deadlines. Conditions and Assumptions: • • • • • • • • • • • • Up to six virtual project management team (PMT) meetings. Up to five virtual one-on-one sessions. Up to three in-person stakeholder meetings. Up to one community walking tour. Up to one in-person community open house. Up to one Planning Commission meeting attendance. Up to one Mayor and City Council meeting attendance. Client provides all necessary background materials at project start and consolidates comments into a single markup per draft. Deliverables provided in PDF format; editable files available at closeout upon request. Up to two consolidated revision rounds for the policy memo and the draft update. Schedule assumes timely client review (10–15 business days per draft). Additional meetings, revisions, site visits, or revision rounds billed as additional services. Fee Proposal CPL will perform the above-referenced scope of work as follows: Task 1 – Research and Analysis Task 2 – Public Engagement Task 3 – Ordinance Development Task 4 – Public Hearings and Adoption Process Total $13,750 $24,000 $56,290 $4,215 $98,255 Direct expenses will be billed at cost plus 15%. Direct expenses include, but are not limited to, reproduction cost, courier service, mileage, telephone/fax cost, etc. Additional services may be charged as indicated in the hourly rates table listed in Appendix “B.” Stockbridge Code Update Services Proposal December 15, 2025 Page 3 of 4 Terms and Conditions This agreement shall be administered in accordance with the Terms and Conditions listed in Appendix "A.” This document, together with the exhibits and/or appendices identified herein, constitutes the entire understanding between City of Stockbridge and CPL with respect to the work to be performed by CPL for the benefit of City of Stockbridge and may only be modified in writing signed by both parties. Please sign and return the enclosed copy of this letter if this document satisfactorily sets forth the understanding of the arrangement between City of Stockbridge and CPL. Receipt of the signed agreement will serve as our notice to proceed. This Contract will be open for acceptance for sixty days from the date of this letter. We look forward to working with you on this project. Sincerely, CPL ARCHITECTURE ENGINEERING & PLANNING Rebecca Keefer, AICP Principal cc: file Approved By: ____________________________________________________________________ Print Name Signature: __________________________________ Date: _____________________________ Invoice Instructions: Add the following project identifier or Purchase Order No. __________________________ Send our Invoice to the following email address: ___________________________________ Reference the following physical address: _________________________________________ _______________________________________________________ _______________________________________________________ Stockbridge Code Update Services Proposal December 15, 2025 Page 4 of 5 APPENDIX "A" TERMS AND CONDITIONS 1. CPL Architecture, Engineering, and Planning (hereinafter CPL) shall perform the services defined in this Letter Agreement and Client agrees to pay CPL for said services as set forth in the agreement. In providing services under this Agreement, CPL shall perform in a manner consistent with and limited to that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. CPL makes no warranty, express or implied, as to its professional services rendered under this Agreement. Accordingly, the Client should prepare and plan for clarifications and modifications, which may impact both the cost and schedule of the Project. 2. All documents including Drawings and Specifications prepared by CPL are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Client or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by CPL for the specific purpose intended will be at Clients sole risk and without liability or legal exposure to CPL; and Client shall indemnify and hold harmless CPL from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle CPL to further compensation at rates to be agreed upon by Client and CPL. 3. Client agrees to additionally compensate CPL for services resulting from significant changes in general scope of Project, for revising previously accepted reports, studies, design documents, or Contract Documents, or for delays caused by others rather than CPL. 4. The lump sum prices and hourly rates outlined in this contract are subject to an automatic annual increase of up to 5 percent. This adjustment will take effect at the beginning of the calendar year. 5. Construction cost estimates prepared by CPL represents CPL's best judgment as professionals familiar with the construction industry. It is recognized, however, that CPL has no control over cost of labor, materials, or equipment, over contractors' methods of determining bid prices, or over competitive bidding or market conditions. CPL cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from cost estimates prepared by CPL. 6. If requested by Client or if required by the scope of services of the Agreement, CPL shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. However, CPL shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. CPL shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the contractor, subcontractors, or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the Contract Documents. 7. Surveying will be provided as stated in the Agreement. Surveying provided on an hourly basis will be charged with a 4-hour minimum at the hourly rates in effect at the time the service is performed. Replacement of survey markers resulting from contractor disturbance or vandalism will be accomplished on an hourly basis. 8. The cost of permits, fees, toll telephone calls, courier service, reproduction of reports, Drawings, and Specifications, transportation in connection with the Project, and other out of pocket expenses will be reimbursed to CPL by Client at cost plus 15%. 9. CPL shall submit monthly statements for services rendered and for reimbursable expenses incurred. Statements will be based upon CPL's time of billing. Payment is due upon receipt of CPL's Statement. If Client fails to make any payment due CPL for services and expenses within 30 days after the date of CPL's statement therefore, the amounts due CPL shall include a charge at the rate of 1.5% per month (18% per annum), or portion thereof, from said 30th day, and, in addition, CPL may, after giving 7 days' written notice to Client, suspend services under this Agreement until CPL has been paid in full all amounts due CPL are collected through an attorney or collection agency, Client shall pay all fees and costs of collection. 10. This Agreement may be terminated by either party upon 7 days' written notice should the other party fail substantially to perform in accordance with its terms through no fault to the party initiating termination, or in the event Project is cancelled. In the event of termination, CPL shall be paid the compensation plus Reimbursable Expenses due for services performed to termination date. 11. This Agreement shall be governed by the laws of the State Georgia. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant and Consultant's officers, directors, partners, employees, shareholders, owners and subconsultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert-witness fees and costs, so that the total aggregate liability of the Consultant and Consultant's officers, directors, partners, employees, shareholders, owners and subconsultants shall not exceed $50,000 or the Consultant's total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action, including without limitation active and passive negligence, however alleged or arising, unless otherwise prohibited by law. In no event shall the Consultant’s liability exceed the amount of available insurance proceeds. In the event the Client does not wish to limit the Consultant's professional liability, the Consultant agrees to waive this limitation upon written notice from the Client and agreement of the Client to Stockbridge Code Update Services Proposal December 15, 2025 Page 5 of 6 pay 25% of the Consultant's total fee within five (5) calendar days after this agreement is fully executed. This additional fee is in consideration of the greater risk involved in performing work for which there is no limitation of liability. 12. The services to be performed by CPL under this Agreement are intended solely for the benefit of the Client. Nothing contained herein shall confer any rights upon or create any duties on the part of CPL toward any persons not a party to this Agreement including, but not limited to, any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of them. 13. Client and CPL each binds himself and his partners, successors, executors, administrators, and assigns to the other party to this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither Client nor CPL shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other; however, CPL may employ others to assist in the carrying out of duties under this Agreement. 14. In the event the Client, the Client's contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents, including electronic files, prepared by CPL without obtaining CPL's prior written consent, the Client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to waive any claim against CPL and to release CPL from any liability arising directly or indirectly from such changes. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless CPL from any damages, liabilities or costs, including reasonable attorneys' fees and costs of defense, arising from such changes. The Client also agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any subcontractors of any tier from making any changes or modifications to CPL's construction documents, including electronic files, without the prior written approval of CPL and that further requires the Contractor to indemnify both CPL and the Client from any liability or cost arising from such changes made without such proper authorization. Stockbridge Code Update Services Proposal December 15, 2025 Page 6 of 6 APPENDIX “B” 2026 CPL HOURLY RATES BILLING ROLE BILLING RATE Principal-in-charge $305 Project Manager $205 Principal Engineer/Architect/Planner $195 Senior Engineer/Architect/Planner $175 Project Engineer/Architect/Planner $155 Junior Engineer/Architect/Planner $135 Building Plans Examiner $175 Building Official $175 Building Inspector $155 Soil and Erosion Control Supervisor $155 Soil and Erosion Control Inspector $145 Arborist $130 Clerical/Administrative $115 Auto Mileage IRS Rate + 15% Miscellaneous Cost + 15% City of Stockbridge Planning Commission UDC UPDATE September 17, 2026 1 Agenda • Code Update Highlights • Project Timeline • The Input Process • Walking Tour • New Code Organization • Existing Planning and Policy Documents Reviewed • Code Changes and Additions • Up Next 2 Code Update Highlights Landscape requirements: street trees, tree protection, open space, buffers, and amenities Connectivity: trail, multiuse paths, access, sidewalks, bicycle facilities New housing and uses: tiny house village, senior housing, build-to-rent, data centers, freight operations, and outdoor storage Traffic impact studies and multimodal: requirements, improvements, and access management Environmental protections: stormwater, wetlands, watersheds, and hazardous material controls New and modernized zoning districts: mixed-use, legacy, overlay coordination Guarantees and sureties: erosion-control, general performance, maintenance, stormwater facilities, landscape and tree, acceptable security instruments, default/forfeiture and city completion, and reduction and release 3 The Input Process City Staff / Project Management Team – 6 meetings • Veronica Green, City Planning Staff • Linda Logan, City Planning Staff • Gordon Linton, City Planning Staff • Quinton Washington, City Attorney • Demetries Wells, Fire Marshall • James Price, Chief Building Official • Elton Alexander, Mayor Pro-Tem • Jeff Greenway, Public Works/Transportation Updated Unified Development Ordinance Existing Adopted Plans Review • Comprehensive Plan, 2024 • Renaissance Strategic Vision and Plan, 2018 • Livable Centers Initiative (LCI), 2012 • Stockbridge Master Plan for Trails, 2025 • Henry County Trails Plan, 2022 • Atlanta Regional Freight Mobility Plan, 2024 1-on-1 Sessions – 4 meetings • City Attorney McCulloch • Councilmembers Cloud and Barber • Mayor Pro-Tem Alexander • Public Works & Engineering Stakeholder Committee – 3 meetings • Ariel Shaw, CDA Chair • Kenya Cook, DDA Chair • Trameka Walker, Planning Commission Chair • Reggie Sylvain, Developer • Willie Carter, Resident & Housing Advocate • Anthony Ford, Resident & Former Mayor • Elton Alexander, Mayor Pro-Tem Public Meeting – 1 meetings 4 Stakeholder Committee Walking Tour Clark Community Park 6 Parkwood Dr Date: May 13, 2026 Duration: 3 hours, including walking and stopping for discussion Distance: roughly 1.6 miles Themes: sense of place, mixed-use, housing, connectivity, vitality 5 Davis Rd 5 1 Stockbridge City Hall 2 Railroad Corridor & Connectivity Barrier 3 Historic Downtown Core / Burke Street Area 4 Redevelopment Opportunities 5 Residential Edge / Rental Conversion 6 Parks, Greenspace, & Trail Potential 7 Amphitheater / Arts & Community Space 8 Stockbridge City Hall 4 3 Ward St Location / Theme Burke St W Burke St Stop Stockbridge Amphitheater 1 7 8 City Hall N Henry Blvd 2 5 New Code Organization 1: General Provisions 15: Environmental Protection 2: Zoning and Overlay Districts 16: Infrastructure Improvements 3: Use Regulations 17: Stormwater Management (NEW CHAPTER) 4: Development Standards 18: Sureties and Guarantees (NEW CHAPTER) 5: Parking Requirements (NEW CHAPTER) 19: Acronyms and Definitions 6: Sign Standards 7: Nonconforming Standards 8: Review Bodies and Administrators (NEW TITLE) 9: Administrative Development Procedures (NEW TITLE) 10: Public Hearing Applications and Review Procedures (NEW TITLE) 11: Variances and Appeals (NEW TITLE) Permit and approval steps now have their own clearly separated chapters (8–12) 12: Violations, Penalties, and Enforcement (NEW TITLE) 13: Subdivisions 14: Buffers, Landscaping, and Tree Protection (NEW TITLE) Landscaping, buffers, and tree protection are now in one place (Chapter 14) 6 Existing Planning and Policy Documents Reviewed 7 Existing Adopted Plans Review 2024 Comprehensive Plan • Introduce missing middle housing (e.g. cottage courts, duplexes, etc.) • Require developers to make connections within a certain distance of an existing or planned trail route; establish a fee in leu of process with criteria • Allow for denser housing in the downtown village overlay district • Introduce mixed-use zoning districts with height maximums • Ensure sidewalk connectivity • Regulate modern land use trends (e.g. data centers, electric vehicle parking, and distribution centers) 8 Existing Adopted Plans Review Renaissance Strategic Vision and Plan • IRevitalize downtown into a main community hub • Create a live-work-play environment (housing, jobs, entertainment) • Add mixed-use development (retail + residential + offices) • Make downtown more walkable and pedestrian-friendly • Improve connections with trails, sidewalks, and roads • Attract new businesses, restaurants, and local shops • Build public spaces (parks, plazas, event areas) • Enhance the look and identity of downtown (design, landscaping) 9 Existing Adopted Plans Review Stockbridge Master Plan for Trails • Focus on improving quality of life for residents • Support economic growth and job opportunities • Improve roads, traffic, and connectivity • Encourage better land use and organized development • Maintain and improve housing options and neighborhoods • Protect natural areas and community character • Invest in parks, public services, and infrastructure 10 Code Changes and Additions 11 Landscaping, Open Space, and Buffers 12 Landscaping, Open Space, and Buffers Open Space and Amenities Current Ordinance Proposed Final Draft • Varies by district and development type • 3+ acre applicability and overall 15% required in all districts (MU requires 20%); 50% of open space must be designed for active recreation and use if the development contains any residential dwelling units • 5+ acre applicability • 1:1 ratio for public spaces and 5% open space required • MFR/MHR/PUD minimums for open space • PUD must state amenities & maintenance plans • PMU density incentives Sections 4.3.3, 4.5.3 • Amenities count toward open space compliance • New amenity requirements for smaller developments (0-99 lots) and nonresidential/mixed-use developments Sections 4.3.3, 4.3.4 13 Landscaping, Open Space, and Buffers Open Space and Amenities Table 4.3.4 – Amenity Package Requirements Size Primary Amenities Required Additional Amenities Required 0 to 99 lots or units Pocket Park(s). This can be divided between multiple parks to be a combined total of a minimum of 1,500 sq. ft. in size; and Dog park or walking trails a minimum of 1,500 sq. ft in size Pocket Park(s). This can be divided between multiple parks to be a combined total of a minimum of 2,500 sq. ft. in size; and Dog park or walking trails a minimum of 2,500 sq. ft in size A clubhouse a minimum of 4,000 sq. ft in size At least one (1) from Section 4.3.4, B 100 to 149 lots or units 150 to 299 lots or units 300 or more lots or units Community Pool, Clubhouse, and Pocket Park(s) to be a combined total of 4,500 sq. ft in size At least two (2) from Section 4.3.4, B At least three (3) from Section 4.3.4, B At least two (2) from Section 4.3.4, B Non-residential or Mixed-Use Central green, court, atrium, or gathering area a minimum of 2,500 sq. (40,000 square feet gross floor ft in size; and Dog park or Walking Trails area or more) 14 Landscaping, Open Space, and Buffers Buffers Current Ordinance Proposed Final Draft • Separate from open space • Consolidated in Chapter 13 • Required between uses/districts • Continued separation requirements • Minimum widths required • Expanded upon allowable encroachments, with regulations • Natural/undisturbed character • Cannot count as open space • Minium required planting height of the buffers • Measured from the property line Sections 4.3.3, 4.6 Chapter 13 3 15 Landscaping, Open Space, and Buffers Buffer Standards Figure 13.7.2.D - Buffer Location Standards Figure 13.7.3 - Buffer Width Standards Figure 13.8.5 - Landscape Strip Requirements 16 Landscaping, Open Space, and Buffers Landscape Requirements Current Ordinance Proposed Final Draft • Cannot overlap with open space • Consolidated regulations • Overlay landscaping standards • Street trees required in all overlay districts and mixed-use districts or developments • Streetscape requirements, enhanced in some overlay districts • 6-foot sodded landscape buffer in some districts Sections 2.5.2–2.5.3 • Landscape strip requirements between the street and parking areas • Nonresidential and parking-lot landscaping retained • Tree-canopy of 50% for paved parking areas over 4,000 sq. ft. • Maintenance standards Section 13.8 17 Landscaping, Open Space, and Buffers Tree Protection Current Ordinance • Applicability • Exemptions • Percentage of area preserved on site and tree density requirements Proposed Final Draft • Tree protection methods must be identified on the plans • Addresses removal and protection of specimen trees • How to calculate tree density • Mitigation measures (protection of existing trees, planting of new trees, protection of trees during construction, etc.) • Invasive species regulations Chapter 13 Chapter 13 3 18 Landscaping, Open Space, and Buffers Streetscape Standards - Overlays Figure 2.8.2.G - Streetscape Standards Parkway Mixed-Use Overlay District Figure 2.8.3.I - Streetscape Standards, Downtown Village Overlay 19 Landscaping, Open Space, and Buffers Streetscape Standards – Major Corridors Figure 4.3.10.B- Streetscape Standards 20 Connectivity 21 Connectivity Sidewalks Current Ordinance Proposed Final Draft • Minimum sidewalk design standards • Expanded sidewalk requirements • ADA-accessible intersections & crossings • Standards consolidated in Chapter 16 • Sidewalks required on both sides of streets • 5-foot sidewalks in internal streets for residential areas • Applies to residential, commercial, industrial & mixed-use development • Sidewalk installation required before occupancy • 8-foot sidewalks in nonresidential & mixed-use areas; 10' multi-use path required along major corridors • Common-area sidewalks subject to maintenance requirements • Enhanced frontage requirements at subdivision entrances Chapter 16. Sections 16.6 6 22 Connectivity Sidewalks Figure 16.6.B.2.a – Sidewalk Cross Section 1 Figure 16.6.B.2.b – Sidewalk Cross Section 2 23 Connectivity Sidewalks Figure 16.5.C – Multi-Use Sidepath Cross Section 24 Connectivity Trails and Multi-Use Paths Current Ordinance Proposed Final Draft • No standalone trail or multi-use path standards • New trail & multi-use path standards • Traffic studies evaluate pedestrian & bicycle facilities • Assesses future walking & biking needs • Considers sidewalks, bike facilities & transit access • Supports alternative transportation planning Sections 16.2 • Aligned with master plans & LCI recommendations • Connections required to trails, greenways & bike facilities • Links to schools, transit & public destinations • Multi-use sidepaths required along collector & arterial streets • Limited buffer encroachments permitted for trail connections Sections 16.7 , 16.6, & 16.8 25 Connectivity Trails and Multi-Use Paths Figure 16.7.C.8 - Trail Intersection and Bollard Figure 16.7.C - Trail Cross-Section Figure 16.7.C.9 - Marked Crossing 26 Connectivity Bicycle Facilities and PMU Current Ordinance Proposed Final Draft • Limited bicycle-specific standards • Bicycle parking required for multifamily, mixed-use & nonresidential development • PMU Overlay encourages bicycle parking • Bicycle racks spaced within 250 feet • Traffic studies evaluate existing bike facilities • Assesses future bicycle transportation needs • Supports multimodal transportation planning Sections 2.5.2, 16.2 • Bicycle rack location & access standards established • New bicycle facility design standards • Includes bike lanes & sharrows • Sidepaths required along collector & arterial streets • Connections required to planned & existing bicycle facilities Sections 16.5 27 New Housing and Uses 28 New Housing and Uses Tiny House Village and Cottage Home Village Development Proposed Final Draft • Detailed standards include: • At least 3 acres, max density of 15 dwelling units per gross acre • At least 6 dwelling units • 30% common open space • Tiny homes between 450 and 500 sq. ft. • At least 300 s.f. of common open space per tiny house • 1 off-street parking space per tiny house • A centrally located village center (tiny house village only) • Pedestrian connections • Buffers • Utility standards • Design standards • Ownership and maintenance requirements • Permanent foundations for tiny homes. • Cottage home villages use similar standards, except: • Cottage homes between 1,000 and 1,250 sq. ft. • At least 400 s.f. of common open space per cottage home • 2 off-street parking spaces per cottage home Sections 3.2.12 & 3.2.41 29 New Housing and Uses Build-to-Rent Proposed Final Draft • Build-to-rent (BTR) development standards established • Registration & licensing requirements • Owner/property manager contact information required • On-site management for larger developments • Parking & inspection standards • Business licensing requirements • Signage regulations for BTR communities Section 3.2.8 30 New Housing and Uses Data Center Proposed Final Draft – SPECIAL USE IN HI Data centers added as a regulated land use. Permitted in specific zoning districts. Subject to development and infrastructure standards. Includes noise, screening, parking & utility requirements. Truck Staging and Storage Section 3.2.13 Proposed Final Draft – PROHIBITED • Truck Staging or Waiting Area - for temporary truck waiting, dispatch, queueing, or idling, typically for less than 4 hours and excluding active loading and unloading. • Truck Storage Facility - Facility for parking or storing freight trucks for more than 24 consecutive hours. Outdoor Storage Chapter 3 Proposed Final Draft – ALLOWED AS ACCESSORY, ELSE PROHIBITED The outdoor storage of materials, equipment, vehicles, supplies, waste, or other goods outside an enclosed building, including construction equipment, fleet vehicles, landscaping materials, and stored inventory, subject to location, screening, and buffering requirements. Section 3.2.28 31 New and Modernized Zoning Districts 32 New and Modernized Zoning Districts Modernized Residential Districts Current Ordinance Proposed Final Draft • Residential districts: RR, SR, CCR, MFR & MHR • Residential districts reorganized into R1, R2, R3 • Conversion chart links prior zoning districts to current UDC districts • MHR and C3 retained legacy districts Chapter 2 • DT, MU & PUD designated as mixeduse/special-purpose districts Chapter 2 33 New and Modernized Zoning Districts New Districts Proposed Final Draft Proposed Final Draft • Reintroduces R2 single family residential district • Creates MU, Mixed Use District • R2 standards include: • A minimum lot size of 20,000 sq. ft. • 100-foot lot width and frontage • 30% maximum lot coverage • 15% minimum open space • 35-foot principal building height, • 1,300 sq. ft. Minimum heated floor area Section 2.5.2 • MU standards include: • A minimum development size of 3 acres • 100-foot lot width and frontage • 80% maximum lot coverage • 20% minimum open space • 45-foot principal building height, • Requires water and sewer, curb and gutter, 8' internal sidewalks, 10' multi-use paths along the frontage, and centralized garbage facilities Section 2.5.12 34 New and Modernized Zoning Districts Table 2.4 – City of Stockbridge Zoning District Conversion Chart Previous Zoning District Designation Residential Zoning Districts RR, Rural Residential SR, Suburban Residential CCR, City Center Residential District MFR, Multiple Family Residential MHR, Mobile Home Residential Commercial, Office, and Institutional Zoning Districts OI, Office-Institutional C1, Neighborhood Commercial C2, General Commercial C3, Heavy Commercial Industrial Zoning Districts LI, Light Industrial HI, Heavy Industrial Mixed-Use Districts DT, Downtown PUD, Planned Unit Development Zoning District Designation Under this Unified Development Code R1, Single Family Residential District R2, Single Family Residential District R3, Single Family Residential District CCR, City Center Residential District MFR, Multiple Family Residential District RETIRED OI, Office-Institutional District C1, Neighborhood Commercial District C2, General Commercial District RETIRED LI, Light Industrial District HI, Heavy Industrial District DT, Downtown District PUD, Planned Unit Development District MU, Mixed Use District 35 New and Modernized Zoning Districts Required Dimensional Standards Figure 2.3.C.1 - Dimensional Standards Figure 2.3.C.2 - Lot Coverage Standards 36 New and Modernized Zoning Districts Required Dimensional Standards Figure 2.3.C.3 - Building Height Mansard Roof Figure 2.3.C.4 - Building Height Gable Roof Figure 2.3.C.5 - Building Height Hip Roof Figure 2.3.C.6 - Building Height Flat Roof 37 Traffic Impact Studies and Multimodal 38 Traffic Impact Studies and Multimodal Traffic Impact Study Requirements Current Ordinance Proposed Final Draft • Traffic impact study required for larger developments • Dedicated multimodal traffic study requirements • Applies based on trip generation or building size thresholds • Evaluates roadway, intersection & access impacts • Assesses pedestrian, bicycle & transit connectivity • Supports multimodal transportation planning Section 16.1 • Retains existing trip generation thresholds • Applies to larger multifamily developments • Includes truck-intensive industrial & logistics uses • Addresses developments with significant truck traffic • Evaluates impacts across all transportation modes Chapter 16.2 39 Traffic Impact Studies and Multimodal Access Management Current Ordinance Proposed Final Draft • Regulates driveway and site access • Expanded access management standards • Requires turn lanes and access improvements where needed • Regulates access points and driveway spacing • Promotes joint and cross-access between properties • Includes pedestrian access requirements • Requires street, joint-access, and cross-access connections • Includes access easement and maintenance requirements • Establishes driveway spacing and sightdistance standards Sections 16.4, 16.5, 16.8 Sections 16.3, 4.3.11 40 Environmental Protections 41 Environmental Protections Stormwater Management Current Ordinance Proposed Final Draft • Applies to larger development and land-disturbance projects • Stormwater standards consolidated into Chapter 17 • Establishes stormwater design and runoff control standards • Applies to larger development and redevelopment projects • Requires water-quality treatment and detention measures • Retains existing applicability thresholds • Includes flood protection and downstream impact analysis • Requires runoff reduction and water-quality treatment • Requires certification, inspections, and maintenance agreements • Provides for ongoing stormwater system maintenance • Includes flood-control standards • Professional inspections and as-built plans required • Final inspection required before project closeout Sections 15.6.5–15.6.18 Chapter 17 42 Environmental Protections Wetlands, Watersheds, and Hazardous-Materials Controls Current Ordinance Proposed Final Draft • Protects streams, State waters, stormwater systems & floodplains • 25-foot wetlands buffer • Includes environmental resource protections • Does not establish comprehensive buffer and mitigation standards • Limited watershed, wetland & containment requirements Chapter 15 • Mitigation ratios of 2:1 for restoration, 4:1 for creation, and 6:1 for enhancement • 100- and 150-foot watershed buffers • 110-percent secondary containment for regulated tanks of 660 gallons or more • Addresses groundwater recharge protection and watershed protection Sections 15.5, 15.6, & 15.7 43 Guarantees and Sureties 44 Guarantees and Sureties Performance Guarantees Current Ordinance Proposed Final Draft • Performance bonds required for unfinished improvements • Performance guarantee required for unfinished improvements • Covers landscaping, trees & public infrastructure • Amount set at 150% of remaining improvement costs • Letters of credit accepted for certain improvements • Standard 12-month guarantee period • Maintenance guarantees required after construction • Extended terms available for roadway improvements • No single bonding standard for all improvements • Annual renewals and extensions may be required Sections 13.9.3, 16.4.G.3, 16.6.I/K Section 18.2 45 Guarantees and Sureties Maintenance Guarantees Current Ordinance Proposed Final Draft • Warranty or maintenance security required for landscaping • Maintenance guarantee required for public improvements • Covers trees, shrubs & landscape materials • Set at 60% of improvement value • Maintenance guarantees required for public infrastructure • Typically maintained for 24 months after acceptance • Applies to streets, sidewalks & stormwater facilities • Inspections required before release of security • Ongoing maintenance responsibilities remain in effect Sections 13.9.1–13.9.4, 15.6.16–15.6.18, 16.6.I/K Sections 18.3-18.5 46 Guarantees and Sureties Stormwater Facility Surety Current Ordinance Proposed Final Draft • As-built plans and final certifications required • Stormwater surety required based on storage volume • Maintenance agreements and ongoing upkeep required • City access and enforcement provisions included • Maintenance security required for stormwater and public infrastructure • Maintained for 24 months • Annual engineer inspections required • As-built plans and final inspection required before release • Phased projects may require renewed guarantees Sections 15.6.13–15.6.18, 15.7.4, 16.6.I/K Sections 17.7–17.8, 18.4 47 Guarantees and Sureties Acceptable Security Instruments Current Ordinance Proposed Final Draft • Performance and maintenance guarantees required • Multiple surety options allowed • Covers landscaping, public infrastructure & stormwater facilities • Includes bonds, cash, letters of credit & escrow • Flexible security arrangements permitted • Letters of credit and other sureties accepted • Multiple security options available for compliance Sections 13.9.1–13.9.3, 15.5.4.B.6, 16.4.G.3/16.6.I/K Section 18.6 48 Guarantees and Sureties Default, Forfeiture, and City Completion Current Ordinance Proposed Final Draft • City may use bonds to correct violations • Projects inactive for 90+ days considered in default • Allows site stabilization and compliance enforcement • 30-day notice provided before action • City may perform required stormwater maintenance • City may draw on surety to complete required improvements • Costs may be recovered from owners or associations • Any remaining funds returned after completion Sections 15.5.4.B.6, 15.5.6.C, 15.7.4–15.7.5 Section 18.7 49 Guarantees and Sureties Reduction and Release Current Ordinance Proposed Final Draft • Release requires project completion and compliance • Partial release allowed for completed work • Final inspections and certifications required • Maintenance obligations must be satisfied • No standardized partial-release process citywide Vary by Subject • Requires City inspection and approval • Sufficient security retained for remaining improvements • Maintenance obligations must still be covered Section 18.8 50 To Wrap Up… 51 Next Steps • September 17th – recommendation from Planning Commission at tonight’s meeting • October 12th – Council Meeting • Public Hearing 52 Thank you! 53 1. Trees/Buffers/Landscaping/Open Space Topic / Current Location Street Trees, Open Space, and Amenity Requirements Current §§4.3.3, 4.5.3, and related openspace/use standards Proposed §§4.3.3, 4.3.4, 13.8.4 Current Ordinance Proposed Final Draft Key Difference Existing open-space requirements include both general Chapter 4 Proposed §4.3.3 applies to developments with a The proposed draft changes the general openstandards and district-specific Chapter 2 standards. Current Chapter 4 cumulative parcel area greater than three acres, space framework from a five-acre trigger with requires developments over five acres to provide public space equal to one except DT, MHR, MUS, MU, and MFR, and requires separate public-space/open-space requirements percent of total proposed floor area and open space equal to at least five qualifying open space. The clean draft excludes to a broader three-acre framework, while percent of total land area; required open space cannot count toward minimum required zoning buffers, stormwater exempting districts that contain their own districtrequired landscaping, buffers, stormwater facilities, or required public management areas, and areas that do not meet the specific open-space standards. The final draft also space. Chapter 2 separately requires 15 percent minimum open space in definition of open space from the required openadds amenity requirements for smaller MFR development, including the townhome/multifamily standards; 20 space calculation. Proposed §4.3.4 establishes a developments beginning at 0 to 99 lots and links percent minimum open space in MHR development; and 20 percent tiered amenity package beginning at 0 to 99 lots, qualifying amenities to open-space compliance. minimum open space in PUD development. PUD plans must identify then 100 to 149 lots or units, 150 to 299 lots or proposed buffers, open space, natural features, amenities, and the interior units, 300 or more lots or units, and nonresidential common-open-space system, and must include maintenance plans for or mixed-use projects of 40,000 square feet gross common open space. The PMU overlay encourages open space and public floor area or more. Required amenities include amenities and allows residential density bonuses when two or more or four pocket parks, dog parks or walking trails, or more qualifying amenities are provided, including outdoor public space, clubhouse space, community pool, central green parks, playgrounds, and walking, hiking, or biking trails. The Downtown or gathering area, and additional amenities district intent also calls for maintaining its mixed-use and open-space selected from the listed options. character. Buffers, Open Space, and Existing buffer/open-space relationship: Current buffer standards require Buffer standards are consolidated in Chapter 13 The proposed draft keeps required buffers generally Amenity Relationship buffers between dissimilar districts or uses, with minimum widths based on and continue to require buffers along applicable separate from qualifying open space, clarifies what Current §§4.3.3, 4.6, and proposed land use and adjacent zoning. Buffers must generally remain property lines, with protection from buildings, cannot be counted, and adds a general amenityuse-specific amenity natural, undisturbed, free of encroachments, measured from the property parking, and most encroachments. Proposed package system that applies even to smaller standards line, and maintained by the property owner. Current open-space standards §4.3.3 excludes minimum required zoning buffers, developments. This better connects open-space Proposed §§4.3.3, 4.3.4, expressly state that required open space cannot be counted toward stormwater management areas, and nonqualifying compliance with usable resident and community 13.7 required landscaping, required buffers, stormwater management facilities, areas from required open-space calculations. amenities. or required public space. Current amenity standards are primarily useProposed §4.3.4 expressly allows qualifying specific rather than a generally applicable amenity package. amenity improvements to count toward openspace compliance and now includes a 0 to 99 lot tier, requiring pocket park space and dog park or walking trail space plus one additional amenity. 54 1. Trees/Buffers/Landscaping/Open Space Topic / Current Location Current Ordinance Landscape The supplied ordinances do not include the full text of Requirements current §4.7. Chapter 2 references §4.7, Landscape Current §§2.5.2–2.5.3 and Requirements, for additional vegetation requirements references to §4.7 and contains specific overlay landscaping/streetscape Proposed §13.8 provisions, including a six-foot sodded landscape buffer in DTV. Proposed Final Draft Key Difference Landscape requirements are moved into Chapter 13. The final draft The proposed draft consolidates landscaping in covers applicability, general landscape standards, maintenance, Chapter 13. The supplied current ordinances do street trees, landscape strips, nonresidential landscaping, and not support the detailed 12-percent buildable-area parking-lot landscaping. It applies to subdivision, construction, or requirement or the other §4.7 details stated in the reconstruction of all residential and nonresidential developments, prior table, so those details should not be with exemptions for individual single-family development, duplexes, presented as verified from the supplied ordinances. accessory uses, accessory structures, and temporary uses. It also incorporates landscape strips, parking-lot landscaping, tree-canopy requirements for paved parking areas exceeding 4,000 square feet, and ongoing maintenance into the consolidated Chapter 13 structure. Tree Protection Current Chapter 13 not included in supplied ordinances Proposed Chapter 13 The proposed Chapter 13 is retitled “Buffers, Landscaping, and Tree Protection” and includes 13.1 General, 13.2 Applicability, 13.3 Exemptions, 13.4 Grandfathered Provisions, 13.5 Procedures, 13.6 Tree Protection, 13.7 Buffer Requirements, 13.8 Landscape Requirements, 13.9 Timber Harvesting, 13.10 Sureties, 13.11 Inspection, and 13.12 Continuing Maintenance. The final draft requires tree surveys and tree protection plans, regulates specimentree removal, establishes residential and nonresidential/multifamily tree-density requirements, adds replacement and mitigation standards, regulates invasive species, and brings buffers, landscaping, parking-lot landscaping, sureties, inspections, and continuing maintenance into the same chapter. The supplied ordinances are Chapters 2, 3, and 16 and do not include the current Chapter 13 tree-protection text. Accordingly, the detailed current Chapter 13 treesurvey, specimen-tree, density, replacement, timberharvesting, surety, and maintenance provisions cannot be verified from the supplied sources. The proposed draft expands Chapter 13 to include buffers and landscaping. The comparison should identify the current Chapter 13 material as unverified from the supplied ordinance set rather than treating the detailed prior summary as sourceconfirmed. 55 2. Connectivity (trails, sidewalks, bicycle facilities) Topic Sidewalks Current §16.9 Proposed §§16.6, 4.3.10, 4.4.5–4.4.6 Current Ordinance Section 16.9 requires sidewalks at least four feet wide and four inches thick, constructed of Portland cement concrete, with a two-foot separation from the back of curb and no construction over underground utilities. Sidewalks and curbs at intersections must permit handicapped access, and sidewalks are required on both sides of streets in commercial, industrial, and residential subdivisions and mixed-use developments. Builders must install sidewalks on dwelling lots before certificate of occupancy; other common-area sidewalks are subject to the three-year maintenance period. Trails and Multi-Use The supplied current ordinances do not establish a standalone trail or Paths multi-use-path construction standard. Chapter 16 §16.2 requires a Current §§16.2(J)(7), traffic impact study to inventory existing pedestrian and bicycle 16.2(J)(19), 16.2(J)(21) facilities, analyze new pedestrian or bicycle transportation needs, and Proposed §§16.7, identify alternative transportation needs such as sidewalks, bicycle, 4.3.3, 13.7.4, 15.6.5 and transit facilities. Proposed Final Draft The final draft retains sidewalk requirements but relocates and expands them through Chapter 16 infrastructure standards, streetscape provisions, and site/building design requirements. Sidewalks are required in new development and redevelopment along abutting and internal streets, with five-foot residential sidewalks and eight-foot sidewalks for nonresidential, mixed-use, and subdivision entrance frontage. Key Difference The proposed draft increases/changes the dimensional and organizational framework and places sidewalk requirements across Chapter 16 and site/building provisions. The key verified current standard is four feet under §16.9, not the five-/eight-foot dimensions previously stated as current. The final draft adds trail construction standards tied to master trail The proposed draft creates specific trail and plans, LCI studies, and the Comprehensive Plan. Developments multi-use-path construction and adjoining planned or existing bikeways, sidepaths, greenways, connectivity requirements. That is a public facilities, schools, or transit routes may be required to substantive expansion beyond the trailconnect or provide stub-outs. Multi-use sidepaths are required related provisions identifiable in the along collector and arterial streets, and trail encroachments may supplied current ordinances. be allowed through buffers where approved. Bicycle Facilities In the supplied current ordinance, bicycle provisions are limited. The The final draft requires bicycle racks within all multi-family, mixed- The proposed draft turns limited current Current §2.5.2 (PMU) PMU overlay states that bicycle racks should be located at a maximum use, and nonresidential developments and establishes bicycle bicycle provisions into broader bicycleand §16.2 distance of 250 feet apart. Chapter 16 §16.2 also requires traffic parking location and access standards. It also adds bicycle facility facility construction and connectivity Proposed §§5.11, impact studies to inventory bicycle facilities and identify bicycle construction standards, including conventional painted bike requirements, including bike lanes, 16.5, 16.8 transportation needs when applicable. lanes, sharrows, multi-use sidepaths along collector and arterial sharrows, and multi-use sidepaths. streets, and required connections to planned or existing facilities. Access Management Section 16.4(J) requires access improvements for The final draft requires developments to access public rights-ofThe proposed draft broadens and and Interparcel subdivisions/developments on State highways, arterials, and way, align and extend proposed streets where appropriate, provide reorganizes access management into a Connectivity collectors, including deceleration, ingress/egress lanes and, when cross-access and pedestrian access between adjacent more comprehensive citywide framework. Current §§16.4(J), GDOT criteria are met, left-turn-lane improvements. Section 16.5 commercial or office sites, and limit access points by frontage. The supplied current ordinance already 16.5 requires joint access driveways and cross-access easements in MU, MUS, and PMU standards also require or encourage contains enforceable joint-access, crossProposed §4.3.11 specified areas; adjacent commercial or office properties must interparcel connections, with Director discretion where traffic or access, pedestrian-access, and drivewayand district/overlay provide cross-access and pedestrian access, with easements and topography makes connections infeasible. safety provisions, so the change is more standards joint maintenance agreements. than simply moving from “scattered” standards to requirements. 56 3. New Housing Choices Topic Tiny House Village and Cottage Court Village Development Senior Adult Housing and Build-toRent Current §3.2.35; no build-to-rent standard located Current Ordinance Proposed Final Draft No specific tiny-house-village or cottage- The clean draft adds detailed standards for tiny house village court-cluster development standard was development and cottage home village development. Tiny house located in the supplied Chapters 2, 3, or villages require at least three acres, a maximum density of 15 16. The supplied ordinances therefore do dwelling units per gross acre, at least six dwelling units, 30 percent not provide a current detailed standard common open space, at least 300 square feet of common open set for these two development types. space per tiny house, one off-street parking space per tiny house, a centrally located village center, pedestrian connections, buffers, utility standards, design standards, ownership and maintenance requirements, and permanent foundations for tiny homes. Cottage home villages use similar standards, with cottage homes between 1,000 and 1,250 square feet and at least 400 square feet of common open space per cottage home. Section 3.2.35 already provides detailed The clean draft revises senior adult housing standards by requiring senior adult housing standards. It allows age-restricted housing, a minimum of 20 dwelling units, 35 percent age-restricted adult housing in RR, SR, gross-site-area open space, tiered pedestrian-path and seatingCCR, and MFR, requires at least 20 area requirements, community building or clubhouse space based dwelling units, at least 40 percent grosson unit count, accessibility features, one-story accessible living site-area open space, community space, components, and minimum dwelling-unit floor-area standards. It accessibility/universal-design features, a also adds build-to-rent standards covering leased single-family minimum 1,200-square-foot unit size, developments, registration/licensing, owner or property-manager and implementation/maintenance of age contact information, on-site management for developments with restrictions. No specific build-to-rent more than 15 BTR units, parking controls, inspections, business standard was located in the supplied licensing, and signage standards. Chapters 2, 3, or 16. Key Difference The proposed draft adds detailed standards for these clustered/smaller-format housing forms; this appears to be a genuinely new level of regulation relative to the supplied current ordinances. Senior adult housing is not new in the supplied current ordinance; the proposed draft should be described as revising/expanding an existing regulated use. Build-to-rent appears to be a new specifically named use relative to the supplied ordinances. 57 4. New Zoning Districts Topic Modernized Residential Districts Current §2.3 and §§2.4.1–2.4.5 Current Ordinance The current zoning list includes RR, SR, CCR, MFR, and MHR residential districts. Chapter 2 also provides a conversion chart showing prior designations and their current UDC equivalents. Proposed Final Draft Key Difference The clean draft reorganizes residential districts into R1,R2,R3, CCR, The proposed draft changes the residential and MFR, with MHR retained as a legacy district. It identifies DT, district lineup by adding NR and treating MHR as MU, and PUD as mixed-use or special-purpose districts and places legacy. The supplied current ordinance does not MHR and C3 in the legacy district section for existing properties contain NR and expressly lists MHR as a current only. zoning district. New Mixed-Use Districts Current §2.4.13 PUD and §§2.5.2– 2.5.3 overlays The supplied current ordinance does not establish MUS or MU as base districts. It does establish PUD as a mixed-usecapable district, requiring at least two different uses and/or two types of varied housing options, and it provides PMU and DTV overlay districts. The current zoning list expressly includes MHR and C3 as base zoning districts. The supplied Chapter 2 does not identify them as legacy districts or prohibit new rezonings into them. The clean draft creates MU, Mixed Use District, and continues DT as the Downtown District. MU standards include a minimum development size of three acres, 100-foot lot width and frontage, 80 percent maximum lot coverage, 20 percent minimum open space, 45-foot principal building height, and frontage/internal multimodal requirements. The proposed draft creates a dedicated MU base district and moves more mixed-use policy out of the PUD/overlay-only framework. MU now carries specific dimensional, open-space, infrastructure, and multimodal standards. The final draft identifies MHR and C3 as legacy zoning districts, keeps regulations for existing properties, and states that no new rezoning applications to those districts will be heard after adoption. The proposed draft would classify MHR and C3 as legacy/retired districts. That status is not present in the supplied current ordinance and therefore represents a substantive policy change. The current ordinance establishes PMU and DTV as overlay districts supplemental to underlying zoning. Overlay provisions apply in addition to the underlying zoning regulations, and where overlay and base-district standards conflict, the overlay standards govern. The clean draft revises PMU and DTV and coordinates them with DT and MU base district standards, focusing the overlays more on prohibited uses, select-use controls, streetscape, building form, and pedestrian-oriented design. The proposed draft coordinates PMU/DTV with updated base districts and shifts more mixed-use policy into base zoning. The core current overlay hierarchy is already explicit in §2.5. Legacy Districts Current §2.3 Overlay Coordination Current §§2.5.2–2.5.3 58 5. New Uses Topic Current Ordinance Tiny House Village and Cottage Home No specifically named use or detailed Village village-development standard was located in the existing Chapter 3 use table or supplemental regulations. Proposed Final Draft Adds specifically regulated tiny house village and cottage home village development, including minimum acreage, density, common open space, parking, pedestrian connections, villagecenter, design, utility, ownership, and maintenance standards. Key Difference New use and development type. Build-to-Rent No specifically named build-to-rent use or supplemental standard was located in the existing Chapter 3 ordinance. Adds standards for leased single-family developments, including registration or licensing, owner or property-manager contacts, onsite management for larger developments, parking controls, inspections, business licensing, and signage. New specifically regulated use. Data Center No specifically named data center use or dedicated supplemental standard was located in the existing Chapter 3 ordinance. Adds data centers as a specifically regulated use within the final draft’s updated use classifications and zoning-district permissions, subject to applicable site-development, utility, noise, screening, parking, and infrastructure standards. New specifically regulated use. 59 6. Traffic impact studies/multimodal aspects Topic Traffic Impact Study Requirements Current §16.2 Current Ordinance Section 16.2 requires a traffic impact study for developments expected to generate more than 100 new peak-hour trips, more than 750 new daily trips, or 50,000 square feet or more of nonresidential building space, subject to stated exemptions. The study evaluates transportation-system adequacy and impacts and includes roadway/intersection, access, circulation, pedestrian, bicycle, transit, and alternativetransportation considerations. Proposed Final Draft Key Difference The final draft creates a dedicated multimodal traffic The proposed draft keeps the existing TIS impact study section. It keeps the 100 peak-hour trip, 750 program but makes it more explicitly daily trip, and 50,000-square-foot nonresidential multimodal and expands applicability to thresholds and adds applicability for multifamily multifamily, larger residential, and freightdevelopment, developments with more than 100 dwelling generating projects. units, industrial/logistics/warehouse/freight uses expected to generate 30 or more truck trips per day, and projects where truck traffic represents more than 40 percent of total traffic using passenger-car equivalents. The final draft ties transportation improvements to The proposed draft integrates these sidewalks, trails, bicycle facilities, multi-use paths, cross- transportation elements more broadly. The access, shared parking, and public infrastructure supplied current standards are already standards. distributed across Chapter 16 rather than absent. Multimodal Improvements Current §§16.2(J), 16.5, 16.9 The current ordinance addresses sidewalks through §16.9, joint/cross access through §16.5, and pedestrian/bicycle/alternative-transportation needs through the TIS requirements in §16.2. It also requires access and roadway improvements for qualifying subdivision and commercial/industrial development under §16.4(J). Access Management Current §§16.4(J), 16.5, 16.8 Current standards regulate access through required deceleration/ingress/egress lanes, possible left-turn improvements, joint access, cross-access easements, pedestrian access, driveway separation, and intersection sightdistance requirements. Section 16.8 also establishes visibility and sight-distance standards at intersections. The final draft adds a more detailed access management section addressing number of access points, driveway separation, proposed street extensions, joint access, cross-access easements, and maintenance agreements. The proposed draft consolidates and expands access-management requirements. The current ordinance already contains a substantial access-management framework, although it is distributed across several sections. Required Connections to Planned Facilities Current §§16.2(J)(7), 16.2(J)(21), 16.4(J) The supplied current ordinance requires TIS review to inventory planned transportation-system improvements and identify alternative transportation needs. It also requires certain roadway/access improvements for development entrances. It does not establish the same explicit requirement to connect private development to planned trails, sidepaths, greenways, schools, or transit routes described in the proposed draft. The final draft allows or requires development to connect to planned or existing multimodal facilities, including trail and sidepath connections and stub-outs where future connections are expected. The proposed draft creates a more direct private-development connection to planned multimodal facilities. This is a substantive expansion of the supplied current requirements. 60 7. Environmental Protection Topic Stormwater Management Current §§15.6.5–15.6.18 Proposed §§17.2, 17.6–17.8 Current Ordinance Proposed Final Draft Applies generally at 5,000 square feet of Moves stormwater development standards to Chapter 17 and impervious surface or one acre of retains the 5,000-square-foot/one-acre thresholds for new disturbance. Requires GSMM-based development and redevelopment. The clean draft applies design, retention of the first one inch performance criteria to the impacted area for redevelopment where practicable, 80-percent TSS unless the impacted area exceeds 35 percent of the previously treatment for runoff from a 1.2-inch event developed area, in which case the criteria apply to the entire where applicable, one-year extended development. It requires runoff reduction for the first 1.2 inches, detention, 25-year peak control, safe 80-percent TSS treatment where applicable, one-, 25-, and 100conveyance of the 100-year event, year controls, annual professional-engineer inspections, as-builts, downstream analysis, as-builts, final and final inspection before security release. certification, recorded inspection and maintenance agreements, and continuing owner maintenance. Key Difference The draft strengthens the runoff-reduction benchmark from one inch to 1.2 inches, adds an explicit annual engineer-inspection requirement, and consolidates the standards in a dedicated stormwater chapter. Wetlands, Watersheds, and Hazardous-Material Controls Current Chapter 15; no comparable consolidated standards identified Proposed §§15.5.9–15.7.3 The current chapter protects streams, State waters, stormwater systems, and floodplains, but the supplied text does not establish the same consolidated wetlands-buffer, mitigation-ratio, watershed-buffer, and secondarycontainment standards. These provisions broaden the environmental chapter beyond the current stream, erosion, stormwater, illicit-discharge, and floodplain programs by adding explicit wetlands, watershed, and containment standards. Adds a 25-foot wetlands buffer; mitigation ratios of 2:1 for restoration, 4:1 for creation, and 6:1 for enhancement; 100- and 150-foot watershed buffers; and 110-percent secondary containment for regulated tanks of 660 gallons or more. 61 8. Guarantees and Sureties Topic Erosion-Control Performance Bond Current §§15.5.4.B.6 and 15.5.6.C Proposed §15.2.4 Current Ordinance The local issuing authority may require up to $3,000 per acre or fraction before issuing a land-disturbance permit. Acceptable forms are government security, cash, an irrevocable letter of credit, or a combination. Upon noncompliance, the City may call the bond and use proceeds to hire a contractor, stabilize the site, and bring it into compliance. Proposed Final Draft Retains the same erosion-control bond cap of $3,000 per acre, the same principal security forms, and forfeiture authority to fund site stabilization and compliance. Key Difference This subject-specific bond is substantially carried forward; the larger policy change is the addition of a separate citywide Chapter 18 guarantee framework. General Performance Guarantees Current §§13.9.3, 16.4.G.3, and 16.6.I/K Proposed §§18.2–18.4 The current ordinance requires a 110-percent performance bond or other acceptable surety for unfinished required trees or landscape materials. It also requires a letter of credit equal to permanent cul-de-sac construction for temporary turnarounds and three-year maintenance letters of credit or bonds for public-right-of-way improvements and stormwater detention facilities. The supplied current chapters do not establish one uniform percentage formula for all incomplete public or site improvements. The draft replaces multiple subjectspecific formulas and durations with a uniform citywide 150-percent performance guarantee, while retaining specialized security where separately required. Maintenance Guarantees Current §§13.9.1–13.9.4, 15.6.16–15.6.18, and 16.6.I/K Proposed §§18.3–18.5 Requires proof of warranty or a maintenance bond or other acceptable surety for new trees, shrubs, and landscape materials for at least one year, with inspection before expiration and replacement before release. Separately, requires a threeyear maintenance letter of credit or bond for streets, sidewalks, storm sewers, catch basins, cross drains, and stormwater detention facilities within public rights-of-way; phased projects may require renewed security. Current stormwater provisions also impose recorded maintenance agreements, continuing owner duties, City access, and cost recovery. Requires as-built drawings, final certification, recorded inspection and maintenance agreements, continuing owner maintenance, City access, enforcement, and cost recovery. Chapter 16 additionally requires a three-year maintenance letter of credit or bond for stormwater detention facilities and public-right-of-way storm sewer, catch basin, and cross-drain improvements; phased developments may require renewal when secured sections remain in construction use. Requires a performance guarantee payable to the City in an amount equal to 1.5 times the entire verified cost of installing outstanding required improvements. The standard term is 12 months, except roadway improvements, which may have a four-year duration with annual financial-security renewals and possible extensions at the City’s discretion. Requires a maintenance guarantee equal to 60 percent of the value of public improvements, generally maintained for 24 months after acceptance. Establishes a stormwater surety of $5.00 per cubic foot of required storage for 24 months. Annual engineer inspections, as-builts, and final inspection are required before release. The draft changes the current three-year maintenance security to a 24-month, volume-based surety and ties release to annual engineer inspections, as-builts, and final inspection. Stormwater Facility Surety Current §§15.6.13– 15.6.18, 15.7.4, and 16.6.I/K Proposed §§17.7–17.8 and 18.4 The draft standardizes publicimprovement maintenance security at 60 percent for 24 months, compared with the current one-year landscape warranty or surety and three-year public-improvement maintenance bond or letter of credit. 62 8. Guarantees and Sureties Topic Landscape and Tree Sureties Current §§13.9.1–13.9.3 Proposed §§13.10–13.11 Current Ordinance After final installation and acceptance, requires proof of warranty or a maintenance bond or other acceptable surety for new trees, shrubs, and landscape materials for at least one year. The City inspects before the warranty or maintenance period expires, and dead or near-dead materials must be replaced before release, generally within 30 days of notice unless a performance bond is posted. If required plantings are incomplete at certificate of occupancy, final plat, permit completion, or permit expiration, a performance bond or other acceptable surety equal to 110 percent of the value of the materials and installation is required. Uses performance bonds, maintenance bonds, letters of credit, and other acceptable sureties for trees, landscaping, temporary turnarounds, public-rightof-way improvements, and stormwater detention facilities. For erosion-control bonds, acceptable forms are government security, cash, an irrevocable letter of credit, or a combination. Proposed Final Draft Requires a landscape warranty or maintenance surety for at least two years and a performance surety for unfinished planting. Installation or replacement is generally required within 30 days, and inspection is required before warranty or maintenance release. Key Difference The draft extends the current minimum one-year landscape warranty or maintenance period to two years. The current ordinance already requires inspection before release, 30-day replacement, and a 110-percent performance surety for incomplete planting. Authorizes an approved surety bond, cash, irrevocable letter of credit, escrow, another readily cash-convertible instrument, or an approved combination. The draft consolidates the current subject-specific instruments into a single broader list and expressly adds escrow and other readily cashconvertible instruments. Default, Forfeiture, and City Completion Current §§15.5.4.B.6, 15.5.6.C, and 15.7.4– 15.7.5 Proposed §18.7 For erosion-control noncompliance, the City may call the bond and use proceeds to stabilize the site. For private stormwater maintenance failure, the City may perform work and recover its costs from the responsible owner or association. Treats more than 90 days of abandonment as default, provides 30 days’ written notice, and authorizes the City to draw the amount needed to complete, repair, or maintain required improvements, with any surplus returned. The draft generalizes existing subjectspecific enforcement concepts into one citywide default process with objective abandonment and notice periods. Reduction and Release Current provisions vary by subject Proposed §18.8 The supplied current ordinance ties release to compliance, final certification, final inspection, stabilization, and maintenance obligations, but it does not establish one citywide partial-release process for all guaranteed improvements. Allows partial reduction or release only after Director inspection and acceptance of completed work, while retaining sufficient security for remaining obligations and applicable maintenance periods. The draft creates a defined inspectionbased process for phased reduction and final release across improvement types. Acceptable Security Instruments Current §§13.9.1–13.9.3, 15.5.4.B.6, and 16.4.G.3/16.6.I/K Proposed §18.6 63 STATE OF GEORGIA HENRY COUNTY CITY OF STOCKBRIDGE RESOLUTION NO. ____________________ A RESOLUTION TO ADOPT THE 2026 UPDATE TO THE UNIFIED DEVELOPMENT CODE (U.D.C.) OF THE CITY OF STOCKBRIDGE, GEORGIA (FINAL DRAFT V5, OCTOBER 2026), TO ADOPT THE OFFICIAL ZONING MAP AND ZONING DISTRICT CONVERSIONS, AND TO REPEAL AND REPLACE THE CITY'S CURRENT UNIFIED DEVELOPMENT CODE (ADOPTED BY ORDINANCE ON MARCH 14, 2022), AS AMENDED. WHEREAS, the City Council of the City of Stockbridge desires to facilitate responsible community growth and economic vitality to meet the needs of residents; and WHEREAS, Article IX, Section II, Paragraph IV of the Georgia Constitution empowers the governing authority of each county and of each municipality to adopt plans and exercise the power of zoning; and WHEREAS, the City of Stockbridge is a municipal corporation duly organized and existing under the laws of the State of Georgia; and WHEREAS, the City of Stockbridge, Georgia is empowered to regulate the use of land through zoning regulations in accordance with its Charter and the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.); and WHEREAS, the City Council adopted the City's current Unified Development Code by Ordinance No. 22-496 on March 14, 2022, as subsequently amended, which is codified in the City of Stockbridge Code of Ordinances at Title 12 (the "Current UDC"); and WHEREAS, the City Council has determined that the Current UDC should be comprehensively updated to reflect the City's Comprehensive Plan, current state and federal law, and current development practices; and WHEREAS, the Community Development Department has prepared a Unified Development Code (the "UDC"), Final Draft V5, dated October 2026, which updates and replaces the Current UDC with a single document of nineteen (19) chapters covering general provisions; zoning and overlay districts; use regulations; development standards; parking; signs; nonconformities; review bodies and administrators; administrative and public hearing procedures; variances and appeals; enforcement; buffers, landscaping, and tree protection; subdivisions; environmental protection; infrastructure improvements; stormwater management; guarantees and sureties; and definitions; and WHEREAS, the UDC is intended to promote the public health, safety, and general welfare of the residents, property owners, and visitors of the City, and to encourage the orderly, harmonious, and judicious use of land consistent with the goals, policies, and strategies of the City of Stockbridge Comprehensive Plan; and WHEREAS, the UDC converts, combines, retains, and establishes zoning districts as set forth in Table 2.4, City of Stockbridge Zoning District Conversion Chart, and provides that such renaming does not change any previously approved boundaries, conditions, or entitlements; and WHEREAS, the UDC adopts by reference certain documents, including the Functional Road Plan, the Georgia Stormwater Management Manual, the requirements of the Metropolitan North Georgia Water Planning District, the adopted Flood Insurance Study and maps, the stateapproved building and construction codes, and applicable OSHA excavation and trenching regulations; and WHEREAS, the UDC includes transitional provisions that protect applications and permits that were complete or issued before its effective date, preserve the conditions of prior zoning approvals, and carry forward existing nonconformities and violations; and WHEREAS, a public hearing was held in accordance with the Georgia Zoning Procedures Law, and all legal notice and procedural requirements have been satisfied. THEREFORE, BE IT NOW HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKBRIDGE, GEORGIA AS FOLLOWS: SECTION 1. ADOPTION OF UNIFIED DEVELOPMENT CODE. The Stockbridge City Council hereby adopts, in replacement of the Current UDC, the 2026 Update to the Unified Development Code of the City of Stockbridge, Georgia, Final Draft V5, dated October 2026, attached hereto as Exhibit "A" and incorporated herein by reference [as presented / with the modifications set forth in Exhibit "B"]. The UDC shall be known as the "Unified Development Code of the City of Stockbridge, Georgia, 2026" and it may be cited as the "UDC." SECTION 2. The adoption of the UDC shall be subject to the following provisions: 1. The Official Zoning Map of the City of Stockbridge, attached hereto as Exhibit "C," together with all explanatory notes thereon and the overlay district boundaries identified in Chapter 2 of the UDC, is hereby adopted. The Mayor is authorized to sign, and the City Clerk to attest and seal, the Official Zoning Map with the certification required by Section 1.4 of the UDC. 2. All properties within the City shall be classified in accordance with Table 2.4, City of Stockbridge Zoning District Conversion Chart. All references in prior approvals or documents to a former zoning district shall be construed to refer to the corresponding new district, and such conversion shall not change any previously approved boundaries, conditions, or entitlements. 3. The documents identified in Section 1.2 of the UDC, Documents Adopted by Reference, are hereby adopted by reference and made a part of the UDC as if fully set forth therein. 4. Nothing in this Resolution shall repeal or invalidate any special use, conditional approval, variance, or condition imposed upon a prior rezoning or development approval. Pending applications, issued permits, approved subdivision plans, prior nonconformities, and existing violations shall be governed by the Transitional Provisions in Section 1.5 of the UDC. 5. The Community Development Director is designated as the official charged with the administration and interpretation of the UDC, and is authorized to make non-substantive corrections to formatting, numbering, cross-references, tables of contents, and typographical errors in the adopted text, provided no such correction alters the meaning or substance of any provision. SECTION 3. Public Hearing. Pursuant to the Georgia Zoning Procedures Law and applicable City ordinances, proper notice of the request was provided. A duly advertised public hearing before the CZIM was conducted on August 12, 2026, and a duly advertised public hearing before the Planning Commission was conducted on August 20, 2026. SECTION 4. Severability. To the extent any portion of this Resolution or the UDC is declared to be invalid, unenforceable, or non-binding, that shall not affect the remaining portions of this Resolution or the UDC. SECTION 5. Repeal of Conflicting Provisions. The Current UDC, adopted by Ordinance No. 22-496 on March 14, 2022 and codified at Title 12 of the City of Stockbridge Code of Ordinances, together with all amendments thereto, is hereby repealed in its entirety and replaced by the UDC adopted herein. All other City ordinances and resolutions, or parts thereof, inconsistent with this Resolution shall be repealed. SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Stockbridge as provided in the City Charter. SECTION 7. Attorney Authorization. The City Attorney, backed by the City's charter and with the explicit endorsement of the City Council, is authorized to make necessary amendments to contracts, ordinances, resolutions, and documents to align them with the intent of the City Council and ensure compliance with all pertinent city laws and regulations SO RESOLVED this [____] day of [__________], 2026. ________________________________________ Elton Alexander, Mayor Pro Tem ATTEST: ___________________________________ (SEAL) Cassandra Lester , Interim City Clerk APPROVED AS TO FORM: ____________________________________ QUINTON G. WASHINGTON, City Attorney REQUEST FOR PROPOSAL NO. 2025-0010 City of Stockbridge Consultant Services for the Update of the Unified Development Code Date Open: Monday, September 29, 2025, at 12:00 Noon Non-Mandatory Pre-Proposer’s Conference Tuesday, October 7, 2025, at 10:00 AM EST 4640 N. Henry Blvd, 1st Floor, Levi Conference Room Stockbridge, GA. 30281 PROPOSAL DUE DATE: Thursday, November 6, 2025, at 3:00 PM EST . Proposals shall only be accepted online through the Bonfire Portal at: https://cityofstockbridge-ga.bonfirehub.com/projectDrafts/202064/details Any Proposal submitted in any other format (email, paper, fax, mail, etc.) will not be accepted. INSTRUCTIONS TO OFFERORS: 1. All communications regarding this solicitation must be with the Procurement Division, Attn: Wanda Cooley, wcooley@stockbridgega.org. 2. Questions or requests for clarification must be sent via Bonfire under Msg. Opportunity – https://cityofstockbridge-ga.bonfirehub.com/projectDrafts/202064/details. Questions are due no later than Friday, October 17, 2025, at 3:00 p.m. EST. Questions received after this date and time may not be answered. 3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes, and other important information regarding the solicitation related to this solicitation will be posted on the Bonfire website, and it is the Offeror’s responsibility to check the Bonfire portal for any addenda or other communications related to this solicitation. 4. The City of Stockbridge reserves the right to reject all bids and to waive technicalities and informalities, and to make an award in the best interest of the City of Stockbridge. 5. The City of Stockbridge is not responsible for any technical difficulties. It is highly recommended that all potential contractors submit their quotes before the due date of this solicitation. REQUEST FOR PROPOSAL LETTER RFP 2025-0010 - CONSULTANT SERVICES FOR THE UPDATE OF THE UNIFIED DEVELOPMENT CODE We propose to furnish and deliver all the deliverables and services named in the attached Request for Proposal (RFP). The price or prices offered herein shall apply for the period stated in the RFP. We further agree to strictly abide by all the terms and conditions contained in the City of Stockbridge Procurement Manual as modified by any attached special terms and conditions, all of which are made a part hereof. Any exceptions are noted in writing and included with this bid. It is understood and agreed that this statement of Proposal and proposal constitutes an offer, which, when accepted in writing by the Purchasing Office, City of Stockbridge, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the City of Stockbridge. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this statement is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included in this statement meet or exceed all such City specifications. We further agree, if awarded a contract, to deliver goods and services that meet or exceed the specifications. The City of Stockbridge reserves the right to reject any or all offers, waive technicalities and informalities, and to make an award in the best interest of the city. It is understood and agreed that this statement of Proposal and proposal letter shall be valid and held open for a period of ninety (90) days from the opening date. PROPOSAL SIGNATURE AND CERTIFICATION (Proposer to sign and return) I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name___________________________________________________________ Print/Type Company Name Here______________________________________________ Email _________________________________________________________________ 2 Contract No. RFP 2025-0010 Consultant Services for the Update of the Unified Development Code This CONTRACT made and entered into this ____ day of ____________, 2025 by and between the City of Stockbridge, (Party of the First Part, hereinafter called the “City”), and_________________________. Party of the Second Part, hereinafter called the “Service Provider” or “Contractor”). NOW THEREFORE, for and in consideration of the mutual promises and obligations contained herein and under the conditions hereinafter set forth, the parties do hereby agree as follows: 1. TERMS: The services to be performed under this Contract shall commence upon the date stated in the notice to proceed letter. The contract period for this contract is for the duration of the project. Upon the completion of the full scope of work, the contract shall terminate absolutely and without further obligation as required by O.C.G.A. §36-60-13, as amended, unless terminated earlier in accordance with the provisions of this Contract. OPTIONAL RENEWALS: This Contract may be renewed at the sole discretion of the City for four (4) additional twelve-month terms, upon the same terms and conditions, as provided for in this Contract, unless terminated by the City, by notice to the service provider, or termination and non-renewal by December 31 of the Contract year. 2. ATTACHMENTS: The following documents are attached and are specifically incorporated herein by reference; and, along with this Contract and the General Conditions attached as Exhibit A, encompass all of the Contract documents: Exhibit A: General Conditions. Exhibit B: Specifications and Scope of Work Exhibit C: Request for Proposal Exhibit D: Bond Documents Exhibit E. Georgia Security and Immigration Compliance Affidavit. Exhibit F: Drug Free Workplace. Exhibit G: Purchasing Policy Addendum. Exhibit H: Affidavit Verifying Status for Public Benefit Application. Exhibit I: References Exhibit J. Cost Proposal 3. PERFORMANCE: Service Provider agrees to furnish all skill and labor of every description necessary to carry out or to perform the services in accordance with the Contract Documents (the “Work”). 3 4. PRICE: The City agrees to pay the Service Provider following receipt by the City of a detailed invoice reflecting the actual work performed by the Service Provider, provided, however, the Service Provider guarantees that the maximum price for materials, labor, and expenses shall be the amount reflected in Exhibit J. 5. INDEMNIFICATION AND HOLD HARMLESS: [See Section 13 of Exhibit A. --- General Conditions] Service Provider further agrees to protect, defend, indemnify, and hold harmless the CITY, its council members, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker’s Compensation Act arising out of injuries sustained by any employee or subcontractor of the Service Provider, as allowed under the law. 6. TERMINATION FOR CAUSE: The City may terminate this Contract for cause upon ten (10) days' prior written notice to the Service Provider of the Service Provider’s default in the performance of any term of this Contract. Such termination shall be without prejudice to any City’s rights or remedies provided by law. 7. TERMINATION FOR CONVENIENCE: The City may terminate this Contract for its convenience at any time upon (30) days' written notice to the Service Provider. In the event of the City’s termination of this Contract for convenience, the Service Provider will be paid for those services actually performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider, who shall itemize each element of performance. 8. TERMINATION FOR FUND APPROPRIATION: The City may unilaterally terminate this Contract due to lack of funding at any time by written notice to the Service Provider. In the event of the City’s termination of this Contract for fund appropriation, the Service Provider will be paid for those services actually performed. Partially completed performance of the Contract will be compensated based upon a signed statement of completion to be submitted by the Service Provider, which shall itemize each element of performance. 9. CONTRACT NOT TO DISCRIMINATE: During the performance of this Contract, the Service Provider will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, or disability, which does not preclude the applicant or employee from performing the essential functions of the position. The Service Provider will also, in all solicitations or advertisements for employees placed by qualified applicants, consider the same without regard to race, creed, color, sex, national origin, age, or disability, which does not preclude the applicant from performing the essential functions of the job. The Service Provider will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subservice providers for standard commercial supplies of raw materials. 4 10. ASSIGNMENT: The Service Provider shall not sublet, assign, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Contract or his right, title, or interest therein to any person, firm, or corporation without the previous consent of the City in writing. 11. WAIVER: A waiver by either party of any breach of any provision, term, covenant, or condition of this Contract shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition. 12. SEVERABILITY: The parties agree that each of the provisions included in this Contract is separate, distinct, and severable from the other and remaining provisions of this Contract, and that the invalidity of any Contract provision shall not affect the validity of any other provision or provisions of this Contract. 13. GOVERNING LAW: The parties agree that this Contract shall be governed and construed in accordance with the laws of the State of Georgia. This Contract has been signed in Henry County, Georgia. 14. MERGER CLAUSE: The parties agree that the terms of this Contract include the entire Contract between the parties, and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this Contract. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized agents, have caused this CONTRACT to be signed, sealed, and delivered. Signatures on the following page. 5 STOCKBRIDGE, GEORGIA By: _____________________________________ Anthony S. Ford Mayor, City of Stockbridge, Georgia ATTEST: _________________________________ Vanessa Holiday City Clerk APPROVED AS TO FORM: _____________________________________________ City Attorney SERVICE PROVIDER: Signature___________________________________ Date _________________ Print Name__________________________________ Print Title ___________________________________ ATTEST: ____________________________________________ Signature Date _________________ Print Name__________________________________ Print Title __________________________________ 6 EXHIBIT A GENERAL CONDITIONS 1. SCOPE OF WORK The Contract will be to provide services to the City in accordance with the Contract Documents. All work shall be performed in accordance with the Scope of Services attached hereto as Exhibit B. 2. REGULATIONS 2.1 The Service Provider shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the performance of the work specified herein. 2.2 The Service Provider shall obtain all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by Federal, State, and local laws, ordinances, rules, and regulations, for the proper execution of the work specified herein. 2.3 During the performance of this Contract, the Service Provider shall keep current and, if requested by the City, provide copies of any and all licenses, registrations, or permits required by applicable governing agencies. The Service Provider shall keep a copy of any and all licenses, registrations, and permits on the job site while performing the Contract work. 2.4 The Service Provider will comply with the City of Stockbridge’s purchasing policies. 2.5 Service Provider will complete all work in accordance with all applicable legal requirements, including but not limited to O.C.G.A. § 50-5-63, as applicable. 3. SERVICE PROVIDER’S PERSONNEL 3.1 The Service Provider will abide by all State and Federal regulations on wages and hours of an employee dealing with the employment relationship between the Service Provider and its subsidiaries or related parties and its employees, including but not limited to the Federal National Labor Relations Act, the Federal Fair Labor Standards Act, the Federal Civil Rights Act of 1964, as amended, and the Americans with Disabilities Act. 3.2 The Service Provider shall require all prospective employees to show proof of citizenship, or proof from the United States Immigration and Naturalization Service of valid entry permits and/or work permits for legal aliens, and prove that such legal aliens are eligible to be employed in the United States. This includes any requirement for participation in the DHS E-Verify or SAVE program. 3.3 Should the Service Provider engage employees who are illiterate in English, it will be the Service Provider’s responsibility and obligation to train such employees to be able to 7 EXHIBIT A GENERAL CONDITIONS identify and understand all signs and notices in and /or around the areas that relate to them or the services being performed by them pursuant to this Contract. In addition, the Service Provider will have someone in attendance at all times who can communicate instructions to said employees. 3.4 The Service Provider shall maintain a drug-free workplace within the meaning of the Georgia Drug-Free Workplace Act. No employee shall be hired by a Service Provider for work on the City’s premises prior to such employee having tested negative for drugs. In addition, existing employees having tested negative for drugs. In addition, existing employees of the Service Provider must be subject to drug testing by the Service Provider upon reasonable suspicion of drug use. Results of all such drug tests are to be retained by the Service Provider. Copies shall be provided to the City if requested. 3.5 The Service Provider shall transfer promptly from the City any employee or employees that the City advises are not satisfactory and replace such personnel with employees satisfactory to the City; but in no event shall the City be responsible for monitoring or assessing the suitability of any employee or agent of the Service Provider. 3.6 The Service Provider’s employees shall be instructed that no gratuities shall be solicited or accepted for any reason whatsoever from the tenants, customers, or other persons at the City. 3.7 A valid driver's license (Commercial Driver License, if applicable) will be required of all personnel operating motor vehicles or motorized equipment on roadways in or around the City. 3.8 While working on city property, all Service Provider’s employees shall wear neatappearing business casual attire or uniforms with the company name and/ or logo and footwear of a style that complies with all legal and safety requirements, including and without limitation, the requirements of OSHA. 3.9 Designation of Supervisor-the Service Provider shall designate an experienced Supervisor (“Supervisor”) acceptable to the City for all purposes related to the work. The initial Supervisor shall be (TBD). 3.9.1 The Supervisor shall be fully responsible for the Service Provider meeting all of its obligations under this Contract. The Supervisor shall provide the City with an appropriate status report on the progress of the project. 3.9.2 The Supervisor shall be available, as reasonably required, to be on-site during necessary times. Such times shall be discussed between the 8 EXHIBIT A GENERAL CONDITIONS Supervisor and the City, but the final required times will be the City’s discretion. 3.9.3 3.10 If the designated Supervisor terminates employment with the Service Provider or is requested by the City to be removed from the role of Supervisor (as provided in Section 3.5), the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City’s prior approval. The process by which the implementation partner requests the removal of a team member from the project. If a Service Provider replaces a proposed team member, the Service Provider shall replace that team member with a similar experience. The City reserves the right to accept or reject any proposed or replacement team member, with or without cause, at any time during the duration of the project. 4. TOOLS AND EQUIPMENT It shall be the sole responsibility of the Service Provider to provide for all tools, parts, and equipment necessary to perform work under this Contract. 5. PERFORMANCE REQUIREMENTS 5.1 The Service Provider shall perform all of its obligations and functions under the Contract in accordance with the Contract specifications and industry standards. The Service Provider shall adjust and coordinate its activities to the needs and requirements of the City and perform its activities so as not to annoy, disturb, endanger, unreasonably interfere with, or delay the operations or activities of the City. 5.2 The Service Provider’s personnel shall perform work in compliance with all Federal, State, and City of Stockbridge regulations. 5.3 Dates for commencement and completion of work shall be coordinated with the City’s Authorized Representative (CAR). 5.4 Any work required beyond that which is specified herein shall be reported in advance to the City. At no time shall work beyond the scope be performed without prior written authorization from the City. 5.5 The Service Provider shall utilize maximum safety procedures. Tools and equipment will be in a good state of repair, safe to use, and used in the manner in which they were intended. The Service Provider is required to inform all workers and concerned persons of the Material Safety Data on all products being utilized on this project. No materials or equipment will be left unattended at any time. 9 EXHIBIT A GENERAL CONDITIONS 6. CONFIDENTIAL INFORMATION 6.1 In the course of performing the Contract work, the Service Provider may gain access to security-sensitive and other sensitive information of the City. 6.2 The Service Provider agrees to hold all City data and information in confidence and to make such information known only to its employees and subcontractors who have a legitimate need to know such information and only after advising such persons of the Service Provider’s non-disclosure obligations. 6.3 The Service Provider shall seek the City’s prior written consent before using for any purpose other than the fulfillment of the Service Provider’s obligations hereunder, or before releasing, disclosing, or otherwise making such information available to any other person. 6.4 The Service Provider shall employ such practices and take such actions to protect the City’s information from unauthorized use or disclosure as the Service Provider employs and takes to protect its own information, but in no event shall the Service Provider use less than reasonable efforts to protect the City’s information. 6.5 The provisions of this Section shall survive the expiration or earlier termination of the Contract. 7. USE OF PREMISES During the progress of the work specified herein, to the extent any work is performed on the City’s premises, the Service Provider shall keep the premises free from accumulation of waste materials, and other debris resulting from, work and about the premises as well as tools, equipment, machinery and surplus material, and leave the site clean and ready for occupancy by the City. 8. SAFETY AND PROTECTION The Service Provider shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the worksite and other persons, including, but not limited to, the general public who may be affected thereby. 9. COMPENSATION – INVOICE AND PAYMENT FOR SERVICES 9.1 The City shall pay the Service Provider, subject to any authorized deductions, the applicable prices set forth for each service authorized by the City, and actually delivered or performed, as the case may be, by the Service Provider to the satisfaction and acceptance, as appropriate, of the City. The timing of such payments shall be as set forth below in the Section. 10 EXHIBIT A GENERAL CONDITIONS 9.2 The Service Provider shall invoice with such supporting documentation and other backup material as the City may reasonably require. The Service Provider shall provide the Proof of Payment indicating all subcontractors have paid, with each invoice. 9.3 The Service Provider shall deliver to the City approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by the Service Provider for the City under this Contract. 9.4 The City shall pay the undisputed amount of the Service Provider’s invoice, as it may be reduced to reflect unsubstantiated or unsatisfactory service. Items in dispute shall be paid upon the resolution of the dispute. No verification or payment of any amounts invoiced shall preclude the City from recovering any money paid in excess of that due under the terms of this Contract. 9.5 The Service Provider shall be obligated to pay promptly all proper charges and costs incurred by the Service Provider for labor and expenses incurred for the work performed hereunder. The City shall have the right, but not the obligation, to pay directly to third parties (including subcontractors) all past due amounts owed by the Service Provider to third parties for labor and materials used for the work hereunder, based on invoices submitted by such third party, and all such amounts paid by the City shall be applied toward, and shall reduce, amount owed to Service Provider hereunder. 9.6 The Service Provider shall submit all invoices with the purchase order number to: City of Stockbridge, GA, Accounts Payable, 4120 N. Henry Blvd, Stockbridge, GA. 30281. 9.7 The Service Provider will agree to comply with the City of Stockbridge’s Financial Policies and Purchasing Policy, to the extent applicable. 9.8 The Service Provider agrees that the compensation provided herein shall be a full and final settlement of all claims arising against Stockbridge for work done, materials furnished, costs incurred, or otherwise arising out of this contract and shall release the City from any and all further claims related to the payment for services and materials furnished in connection with this Agreement. 9.9 The Service Provider and City agree that in any event a provision of this Contract about the time of payment, the rate of payment, and any rates of interest differs from any provision of the Prompt Pay Act, such provision of the Prompt Pay Act is hereby waived and said Contract provision shall control. The City shall not be responsible for any interest penalty or for any late payment. 10. COMPLIANCE WITH LAWS AND REGULATIONS 10.1 The Service Provider shall perform its obligations and functions hereunder in compliance with the applicable laws of the United States, the State of Georgia, Henry County, the City of Stockbridge, any applicable rules, regulations, or directives of any agency thereof, and 11 EXHIBIT A GENERAL CONDITIONS the applicable regulations of the City. OSHA rules and regulations shall be followed at all times. The City shall have the right (but not the obligation) to contest or challenge by any means whatsoever any law, regulation, rule or directive which in any way affects or otherwise impacts upon the Service Provider’s performance of its obligations and functions hereunder; the Service Provider shall cooperate to the fullest extent and take whatever action (including becoming a party in any litigation) the City should reasonable request in connection with any such challenge or contest by the City. 10.2 The Service Provider shall obtain and keep current all licenses, permits, and authorizations, whether municipal, county, state, or deferral, required for the performance of its obligations and functions hereunder and shall pay promptly when due all fees therefore. 10.3 The Service Provider shall abide by all applicable state and federal regulations about wages and hours of employees, including but not limited to the Service Provider’s compliance with requirements of O.C.G.A. 13-10-91 AND Rule 300-104-1-.02. 11. SERVICE PROVIDER’S LIABILITY The Service Provider shall be responsible for the prompt payment of any fines imposed on the city or the Service Provider by any other federal, state or local governmental agency as a result of the Service Provider’s, or its subcontractor’s (or the officers’ directors’, employees’ or agents’ of either), failure to comply with the requirements of any law or any governmental agency rule, regulation, order or permit. The liability of the Service Provider under this Section 11 is in addition to and in no way a limitation upon any other liabilities and responsibilities which may be imposed by applicable law or by the indemnification provision of Section 12 hereof, and such liability shall survive the expiration or earlier termination of this Contract. 12. INDEMNIFICATION AND INSURANCE 12.1 This section is omitted. 12.2 In addition to indemnification provisions stated above, if the City’s use of any service, software, firmware, programming, or other item provided by or on behalf of the Service Provider is enjoined due to infringement of another person or entity’s intellectual property rights, the Service Provider shall promptly, at its sole cost and expense, modify the infringing item so that it no longer infringes, procure for the City the legal right to continue using the infringing item, or procure for the City a non-infringing item, or procure for the City a non-infringing replacement item having equal or greater functional capabilities as the infringing item. 12.3 To the extent allowed under Georgia law, the Service Provider shall indemnify and hold harmless the City, and the City's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but 12 EXHIBIT A GENERAL CONDITIONS not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property ( other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Service Provider or Service Provider's officers, directors, partners, employees, or Consultants. The Service Provider will notify the City in writing of any claim made or suit instituted against the Service Provider because of its activities in the performance of the Contract. 12.4 No recourse under or upon any obligation, covenant or agreement contained in this Contract, or any other agreement or document pertaining to the work or services of the Service Provider hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or any judgment obtained against the City, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Contract, shall be had against any member (including without limitation members of the City’s Council, or members of the citizens advisory committees of each), any officer, employee or agent, as such, past, present, or future of the City, either directly or through the City or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for any sum that may be due and unpaid by the City. Any and all personal liability of every nature, whether at common law or in equity, or by statue or by constitution or otherwise, of any such member, officer, employee, or agent, as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for the payment for or to the City, or any receiver therefore or otherwise, or any sum that may remain due and unpaid by the City, is expressly waived and released as a condition of and in consideration of the execution of this Contract and the promises made to the Service Provider pursuant to this Contract. 12.5 In any and all claims against the City, or any of their officers, members, agents, servants or employees, by any employee of the Service Provider, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of the Service Provider under this Section 12 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefit payable by or for the Service Provider or any subcontractor under Workers’ Compensation Acts, disability benefit acts or other employee benefit acts. 12.6 No provisions of Section 12 herein shall be construed to negate, abridge, or otherwise reduce any other right of indemnity that the City may have as to any party or person described therein. 13 EXHIBIT A GENERAL CONDITIONS 12.7 Insurance 12.7.1 General Liability and Automobile Liability. The Service Provider shall purchase and maintain in force during the term of the Contract, at its own cost and expense, to protect the Service Provider, the City, and the members (including, without limitation, all members of the governing City’s Council and the citizens’ advisory committees of each), officers agents, and employees of each, from and against any and all liabilities arising out of or in connection with the Service Provider’s performance of the Contract work: (1) Commercial general liability insurance with coverage of not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence, and with contractual liability coverage for the Service Provider’s covenants to and indemnification of the City under the Contract, and (2) Automobile liability insurance with policy limits of not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit per accident or occurrence covering each motor vehicle operated on City property. 12.7.1.1 Self-Insured Retention. Service Provider’s commercial general liability insurance policies shall not be subject to a self-insured retention exceeding $10,000 if the value of the Contract is less than $1,000,000, and shall not be subject to a self-insured retention exceeding $100,000 if the Contract is $1,000,000 or more, unless approved by the City Manager. Service Provider’s automobile liability insurance policies shall not be subject to a self-insured retention exceeding $10,000, unless approved by the City Manager. 12.7.1.2 Additional Insured Endorsement. Service Provider agrees and shall cause the City their member (including, without limitation, members of the City’s Council and members of the citizens’ advisory committees of each), officers, employees, and agents to be named as an additional insured under such policy or policies of commercial general and automobile liability insurance. 12.7.1.2 Workers’ Compensation and Employer’s Liability. If the Service Provider has any employee working on City property, the Service Provider shall procure and maintain in force during the term of the Contract (i) workers’ compensation insurance, and (ii) employer’s liability insurance. The policy limits of the Service Provider’s employer’s liability insurance shall not be less than $100,000 for “each employee.” If the Service Provider is self-insured, the Service Provider shall 14 EXHIBIT A GENERAL CONDITIONS provide proof of self-insurance and authorization to self-insure as required by applicable state laws and regulations. 12.7.1.3 Professional Liability Insurance. The Service Provider shall purchase and maintain in force during the term of the Contract, Professional Liability insurance which will pay for damages arising out of errors or omissions in the rendering, or failure to render professional services under the Contract in the amount of at least ONE MILLION DOLLARS ($1,000,000.00) per claim. Such insurance must contain nose and tail coverage to include work performed by the Service Provider from the project’s inception date and until such time as the Statue of Limitations has run for the work done on the project. 12.7.4 Health Insurance. Not applicable. 12.7.5 Garage Liability Insurance. Not applicable. 12.7.6 Garage Keeper’s Legal Liability Insurance. Not applicable. 12.7.7 Crime Coverage. Not applicable. 12.7.8 Pollution Liability Insurance. Not applicable. 12.7.9 Deductibles. The Service Provider’s policies of insurance required by this Section 12.7may require the Service Provider’s payment of a deductible, provided the Service Provider’s insurer is required to pay claims from the first dollar at 110% of the claim value without any requirement that the Service Provider pay the deductible prior to its insurer’s payment of the claim. 12.7.10 Other Insurance Requirements. All insurance policies required by this Section 12.7 shall provide that they are primary insurance with respect to any other valid insurance the City may possess, and that any other insurance the City does possess shall be considered excess insurance only. All such insurance shall be carried with a company or companies that meet the requirements of Section 13.2 of these General Conditions, and said policies shall be in a form satisfactory to the City. A properly completed and executed Certificate of Insurance on a form provided or approved by the City (such as a current ACORD certificate of insurance) evidencing the insurance coverage required by this Section shall be furnished to the City upon the Service Provider shall provide the City with at least thirty (30) days’ prior written notice of any adverse material change in the Service Provider’s required insurance coverage except that ten (10) days’ notice of cancellation for nonpayment is required. For purposes of this Section 12.7.10, “adverse material change” shall mean any reduction in the limits of the insurer’s liability, any reduction, non-renewal, or cancellation of any insurance coverage, or any increase in the Service Provider’s selfinsured retention. Prior to the expiration of any such policy, the Service Provider shall file 15 EXHIBIT A GENERAL CONDITIONS with the City a certificate of insurance showing that such insurance coverage has been renewed. If the insurance coverage is canceled or reduced, the Service Provider shall, within five (5) days after such cancellation or reduction in coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies approved by the City. If the Service Provider fails to obtain or have such insurance reinstated, the City may, if it so elects, and without waiving any other remedy it may have against the Service Provider, immediately terminate this Contract upon written notice to the Service Provider. The City Manager shall have the right to alter the monetary limits or coverage herein specified from time to time during the term of this Contract, and the Service Provider shall comply with all reasonable requests of the City Manager with respect thereto. 13. LIABILITY INSURANCE 13.1 N/A 13.2 Liability Insurance Companies furnishing insurance coverage required by these General Conditions shall (a) be approved to issue insurance policies in the State of Georgia, and (b) must have no less than a “B+” Financial Rating and a Financial Size Category of “Class VI” or higher according to the most current edition of A.M. Best’s Insurance Reports. If the liability insurer is rated by A.M. Best’s Insurance Reports at an “AFinancial Rating and a Financial Size Category of “Class VIII” or higher, the City Manager may waive the requirement for the insurer to be approved by the State of Georgia. 14. CONTRACT ADJUSTMENTS 14.1 Notwithstanding any provision herein to the contrary, the City reserves the right to modify at any time the nature, method, scope, frequency, or timing of the Service Provider’s obligations under this Contract (Contract Adjustments) in whatever manner it determines to be reasonably necessary for the proper completion of the Service Provider’s work hereunder. Both parties agree that, should any Contract Adjustments be made, the Service Provider’s compensation will be adjusted accordingly, in such amount or amounts as will be mutually agreed to by means of good faith negotiation by the City and Service Provider and, to the extent possible, by reference to any unit costs already established in the Proposal. Without exception, all deletions or additions to the scope of work will be set forth in a written Amendment to this Contract. 14.2 Notwithstanding the foregoing, the City shall have the right to terminate this Contract herein should the Service Provider and the City fail to reach agreement on the adjusted compensation within thirty (30) days after the date of the Contract Adjustment. 16 EXHIBIT A GENERAL CONDITIONS 14.3 Notwithstanding the foregoing, there shall be no upward adjustment of the compensation on account of any Contract Adjustment made necessary or appropriate as a result of the mismanagement, improper act, or other failure of the Service Provider, its employees, agents, or its subcontractors to properly perform its obligations and functions under this Contract. 15. SUBCONTRACTORS 15.1 The Service Provider shall perform all of its obligations and functions under this Contract by means of its own employees, or by a duly qualified subcontractor which is approved in advance by the City. Such subcontractor, which is an affiliate, parent, or subsidiary company; or had principal owners, relatives, management, or employees common to the Service Provider; or any other party that has the ability to significantly influence the management or daily business operations of the subcontractor, must be disclosed in writing to the City Manager. Goods and services provided by subcontractors, which are reimbursed by the City, must be bona fide arms-length transactions. In the event a subcontractor is employed, the Service Provider shall continuously monitor the subcontractor’s performance, shall remain fully responsible to ensure that the subcontractor performs as required, and itself perform or remedy any obligations or functions which the subcontractor fails to perform properly. Nothing contained herein shall be construed to prevent the Service Provider from using the services of a common carrier for delivering goods to the City. The City approves the sub-Service Providers listed in the Statement of Qualifications. 15.2 This Contract shall be referred to and incorporated within any contractual arrangement between the Service Provider and a subcontractor, and, in such contractual arrangement, the subcontractor shall give its express written consent to the provisions of this Section 15. To the extent feasible, the provisions of this Contract shall apply to any such subcontractor in the same manner as they apply to the Service Provider. However, such application shall neither make any subcontractor a party to this Contract, nor make such subcontractor a third-party beneficiary hereof. 15.3 In the event that the Service Provider employs a subcontractor, then the City may require that copies of invoices for all work (including invoices submitted to the Service Provider for work performed by a subcontractor) shall be submitted to the City by the Service Provider and the City shall pay all compensation to the Service Provider. It shall be the sole responsibility of the Service Provider to deal with a subcontractor with respect to the collection and submission of invoices and the payment of compensation. In no event shall the City have any obligation or liability hereunder to any subcontractor, including, in particular, any obligations of payment. 16. DEFAULT AND TERMINATION 16.1 In the event that: 17 EXHIBIT A GENERAL CONDITIONS 16.1.1 the Service Provider shall fail to keep, perform, or observe any of the promises, covenants, or agreements set forth in this Contract (provided that notice of the first failure shall have been given to the Service Provider, but whether or not the Service Provider shall have remedied any such failure); or 16.1.2 the Service Provider shall fail to keep, perform, or observe any promise, covenant, or agreement set forth in this Contract, and such failure shall continue for a period of more than five (5) days after delivery to the Service Provider of a written notice of such breach or default; or 16.1.3 the Service Provider’s occupational or business license shall terminate, or the Service Provider shall fail to provide the City with any bond, letter of credit, or evidence of insurance as required by the Contract Documents, for any reason; or 16.1.4 the Service Provider fails for any reason to provide the City with an acceptable renewal or replacement bond or letter of credit within the time period specified by a provision for this Contract; or 16.1.5 the Service Provider shall become insolvent, or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditor, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws, or under any other law or statute of the United States or any State thereof, or shall consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or 16.1.6 the Service Provider shall have a petition under any part of the Federal Bankruptcy laws, or an action under any present or future insolvency laws or statute filed against it, which petition is not dismissed within thirty (30) days after the filing thereof; or 16.1.7 there is any assignment by the Service Provider of this Contract or any of the Service Provider’s rights and obligations hereunder for which the City has not consented in writing; or 16.1.8 the Service Provider shall default on any other agreement entered into by and between the Service Provider and the City, then, in its discretion, the City shall have the right to terminate this Contract for default, which termination shall be effective upon delivery of written notice of such termination to the Service Provider. In the event that the City terminates this Contract for default, or the Service Provider abandons or wrongfully terminates the Contract, the Service Provider shall be paid for compensation earned to the date of termination or abandonment (but the City 18 EXHIBIT A GENERAL CONDITIONS shall have the right to reduce by off-set any amounts owed to the Service Provider hereunder or under any other Contract or obligation by the amount of the City’s damages and any amounts owed by the Service Provider to the City), but the Service Provider shall not be compensated for any profits earned or claimed after the receipt of the City’s notice of termination by default or after abandonment or wrongful termination. The City’s election to terminate or not to terminate this Contract in part or whole for the Service Provider’s default shall in no way be construed to limit the City’s right to pursue and exercise any other right or remedy available to it pursuant to the terms of the Contract or otherwise provided by law or equity. 16.2 Notwithstanding anything else herein contained, the City may terminate this Contract in whole or in part at any time for its convenience by giving the Service Provider thirty (30) days written notice. In that event, the Service Provider shall proceed to complete any part of the work, as directed by the City, and shall settle all its claims and obligations under the Contract, as directed by the City. The Service Provider shall be compensated by the City in accordance with the provisions hereof, including, in particular, Section 2 of these General Conditions, provided, however, that in no event shall the Service Provider be entitled to compensation for work not performed or for anticipatory profits. Service Provider shall justify its claims, as requested by the City, with accurate records and data. 16.3 Bankruptcy and Liquidation – In the event the Service Provider (1) makes an assignment for the benefit of creditors, or petition or apply to any tribunal for the appointment pf a custodian, receiver, or trustee for all or a substantial part of its assts; (2) commences any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction whether now or hereafter in effect; (3) has had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made, and which remains undismissed for a period of sixty(60) days or more; (4) takes any corporate action indicating its consent to, approval of, or acquiescence in any such petition, application, proceeding, or order for relief or the appointment of a custodian, receiver, or trustee for all or substantial part of its assets; or (5) permits any such custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more causing the Service Provider or any third party, including, without limitation, a trustee in bankruptcy, to be empowered under state or federal law to reject this Contract or any agreement supplementary hereto, the City shall have the following rights: 19 EXHIBIT A GENERAL CONDITIONS (i) In the event of a rejection of this Contract or any agreement supplementary hereto, the City shall be permitted to retain and use any back-up or archival copies of the software licensed hereunder under this Agreement for the purpose of enabling it to mitigate damages caused to the City because of the rejection of this Contract. The City shall exert reasonable efforts to mitigate such damage by use of such back-up or archival copies. (ii) In the event of rejection of this Contract or any agreement supplementary hereto, the City may elect to retain its rights under this Contract or any agreement supplementary hereto as provided in Section 365(n) of the Bankruptcy Code. Upon written request of the City to, as applicable, the Service Provider, the bankruptcy trustee, or receiver. The Service Provider or such bankruptcy trustee or receiver shall not interfere with the rights of the City as licensee as provided in this Contract or in any agreement supplementary hereto to obtain the Source Material(s) from the bankruptcy trustee and shall, if requested, cause a copy of such Source Material (s) to be available to the City. (iii) In the event of rejection of this Contract or any agreement supplementary hereto, the City may elect to retain its rights under this Contract or any agreement supplementary hereto as provided in section 365(n) of the Bankruptcy Code without prejudice to any of its rights of setoff with respect to this Contract under the Bankruptcy Code or applicable non-bankruptcy law; or In the event of a rejection of this Contract or any agreement supplementary hereto, the City may retain its rights under this Contract or any agreement supplementary hereto as provided in section 365(n) of the Bankruptcy Code without prejudice to any of its right under section 503(b) of the Bankruptcy Code. 17. CITY’S AUTHORIZED REPRESENTATIVE During the term of this Contract, the City Mor designee may from time to time designate an individual to serve as the City’s Authorized Representative (CAR) and an Assistant CAR designated to serve in that capacity in the absence of the CAR, who shall have such authority to act on the City’s behalf as the City Manager may from time to time actually delegate to such person, but in no event shall the CAR have authority to modify or terminate this Contract, or make final decisions with respect to amendments, time extensions, assignments, cost or payment adjustments or payment disputes. 18. ASSIGNMENT Neither this Contract nor any of the Service Provider’s rights or obligations hereunder may be assigned by the Service Provider without the City’s prior written consent, which consent may be granted or withheld at the City’s sole discretion. Any transfer of this Contract by 20 EXHIBIT A GENERAL CONDITIONS merger, consolidation or liquidation (unless the stock of the Service Provider is traded on a national stock exchange or in a generally recognized over the counter securities market) any change in ownership of a power to vote a majority of the outstanding voting stock or ownership interests of the Service Provider shall constitute an assignment of this Contract for purposes of this Section. In the event the Service Provider assigns or subcontracts or attempts to assign or subcontract any right or obligation arising under this Contract without the City’s prior written consent, the City shall be entitled to terminate this Contract pursuant to the provisions of Section 17 hereof. 19. NOTICES 19.1 Unless otherwise stated herein, all notices or other writings which the City is required or permitted to give to the Service Provider may be hand delivered, mailed via U.A Certified Mail, or sent next-day delivery by a nationally-recognized overnight delivery service to the Service Provider’s address set forth in the Proposal. Any such notice shall be deemed to have been delivered upon actual delivery, or one (1) day following submission to a nationally-recognized overnight delivery service for next-day delivery to the Service Provider, or three (3) days following submission to the Service Provider by U.S. Certified Mail. 19.2 Unless otherwise stated herein, all notices or other writings which the Service Provider is required or permitted to give to the City may be hand delivered to the City Manager, or mailed via U.S. Certified Mail. Or sent next-day delivery by a nationally-recognized overnight delivery service for next-day delivery to the City, or three (3) days following submission to the City by U.S. Certified Mail. Any such notice shall be sent to: City of Stockbridge, GA ATTN: City Manager 4640 N. Henry Blvd. Stockbridge, GA 30281 Service Provider: ________________________________ ________________________________ ________________________________ 19.3 Either party may change its notice address by written notice to the other given as provided in this section. 20. NONDISCRIMINATION 20.1 During the performance of this Contract, the Service Provider, for itself, its assignees and successors in interest agrees as follows: 21 EXHIBIT A GENERAL CONDITIONS 20.1.1 Compliance with Regulations. The Service Provider shall comply with the Law and Regulations as they may be amended from time to time (hereafter referred to as the “Regulations”), which are herein incorporated by reference and made a part of this Contract. 20.1.2 Nondiscrimination. The Service Provider, concerning the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of any subcontractor, including procurement of materials and leases of equipment. The Service Provider shall not participate either directly or indirectly in the discrimination prohibited by the Regulations. 20.1.3 Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive proposing or negotiation made by the Service Provider for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Service Provider of the Service Provider’s obligations under this Contract and the Regulation relative to nondiscrimination on the grounds of race, color or national origin. 20.1.4 Information and Reports. The Service Provider shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources or information, and its facilities may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions, the Service Provider shall so certify to the City, as appropriate, and shall set forth what efforts it has made to obtain the information. 20.1.5 Sanctions for Noncompliance. In the event of the Service Provider’s noncompliance with the nondiscrimination provisions of this Contract, the City shall impose such Contract Sanctions as it may determine to be appropriate, including but not limited to: 20.1.5.1 Withholding of payments to the Service Provider under the Contract until the Service Provider complies, and/or 20.1.5.2 Cancellation, termination, or suspension of the Contract, in whole or in part. 20.1.6 Incorporation of Provisions, The Service Provider shall include the provisions of subsections 20.1.1 through 20.1.5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Service Provider shall take such action with respect to 22 EXHIBIT A GENERAL CONDITIONS any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Service Provider becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Service Provider may request the City to enter into such litigation to protect the interest of the City and, in addition, the Service Provider may request the interest of the City and, in addition, the Service Provider may request the United States to enter into such litigation to protect the interests of the United States. 20.2 The Service Provider assures the City that it will comply with the pertinent statutes, Executive Orders, and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, marital status, or handicap, be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision shall bind the Service Provider from the period beginning with the initial solicitation through the completion of the Contract. 21. COPYING DOCUMENTS The Service Provider hereby grants the City and its agents permission to copy and distribute any and all materials and documents contained in, comprising, or which are otherwise submitted to the City with or in connection with the Service Provider’s Proposal or which are contained in the Contract Documents (the “Submittals”). The permission granted by the Service Provider shall be on behalf of the Service Provider and any and all other parties who claim any rights to any of the materials or documents comprising the Submittals. Such permission specifically authorizes the City and its agents to make and distribute such copies of the Submittals or portions thereof as may be deemed necessary or appropriate by the City for its own internal purposes or for responding to requests for copies from any member of the public, regardless of whether the request is specifically characterized as a public records request pursuant to Georgia Code. This provision shall survive the expiration or termination of the Contract. 22. GENERAL PROVISIONS 22.1 The Contract Documents consist of the Contract, the Proposal Forms, the Instructions to Proposers, the Request for Qualifications, all Addendum(s) issued prior to execution of this Contract, these General Conditions and Specifications. Together, these documents comprise the Contract, and all the documents are fully a part of the Contract as if attached to the Contract or repeated herein. Precedence of the Contract Documents shall be as follows: (i) addendum(s) to the Contract Documents, (ii) the Contract, (iii) the General Conditions, (iv) the Scope of Work in Exhibit B, (v) the Request for Proposal, and (vii) the Cost Proposal. 23 EXHIBIT A GENERAL CONDITIONS 22.2 This Contract represents the entire agreement between the parties in relation to the subject matter hereof and supersedes all prior agreements and understandings between such parties in relation to such subject matter, and there are no contemporaneous written or oral agreements, terms, or representations made by any party other than those contained herein. No verbal or written representations shall be relied upon outside the Contract terms and amendments. Without exception, all deletions or additions to the scope of work will be set forth in a written amendment to this Contract. No amendment, modification, or waiver of this Contract, or any part thereof, shall be valid or effective unless in writing signed by the party or parties sought to be bound or charged therewith; and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other subsequent breach or condition, whether of a like or different nature. 22.3 The Service Provider shall, during the term of this Contract, repair any damage caused t real or personal property of the City and/or its tenants, wherever situated, caused by the intentional, reckless, or negligent acts or omissions of the Service Provider’s officers, agents, or employees, and any subcontractors and their officers, agents, or employees, or, at the option of the City, the Service Provider shall reimburse the City for the cost of repairs thereto and replacement thereof accomplished by or on behalf of the City. 22.4 The Service Provider warrants to the City that no work performed or materials purchased pursuant to the Contract, whether by, from, or through the Service Provide or a subcontractor, shall cause any claim, lien or encumbrance to be made against any property of the City, and the Service Provider shall indemnify and save the City harmless from and against any and all losses, damages and const, including attorneys’ fees, with respect thereto. If any such claim, lien, or encumbrance shall be filed, the Service Provider shall, within thirty (30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. This provision shall survive the expiration or termination of the Contract. 22.5 The language of this Contract shall be construed according to its fair meaning, and not strictly for or against either the City or the Service Provider. This Contract shall be deemed to be made, construed, and performed according to the laws of the State of Georgia. Any suit or proceeding initiated for the purpose of interpreting or enforcing any provision of this Contract or any matter in connection therewith shall be brought exclusively in a court of competent jurisdiction in Henry County, Georgia, and the Service Provider waives any venue objection, including, but not limited to, any objection that a suit has been brought in an inconvenient forum. The Service Provider agrees to submit to the jurisdiction of the Georgia courts and irrevocably agrees to acknowledge service of process when requested by the City. 24 EXHIBIT A GENERAL CONDITIONS 22.6 The section headings herein are for the convenience of the City and the Service Provider and are not to be used to construe the intent of this Contract or any part hereof, or to modify, amplify, or aid in the interpretation or construction of any of the provisions hereof. 22.7 The use of any gender herein shall include all genders, and the use of any number shall be construed as the singular or the plural, all as the context may require. 22.8 The delay or failure of the City at any time to insist upon a performance of any of the terms, conditions, and covenants herein shall not be deemed a waiver of that breach or any subsequent breach or default in the terms, conditions, or covenants of this Contract. The Service Provider shall not be relieved of any obligation hereunder on account of its failure to perform by reason of any strike, lockout, or other labor disturbance. 22.9 If the City shall, without any fault, be made a party to any litigation commenced between the Service Provider and a third party arising out of the Service Provider’s operations and activities at the premises, then the Service Provider shall pay all costs and reasonable attorney’s fees incurred by or imposed upon the City in connection with such litigation for all trial and appellate proceedings. The City shall give prompt notice to the Service Provider of any claim or suit instituted against it by such third party. The provisions of this Section supplement and are not intended to be in lieu of the indemnification provisions of Section 5 hereof. The provisions of this Section shall survive the acceptance of the services and payment therefore, and the expiration or earlier termination of this Contract. 22.10 The City shall have the right to recover from the Service Provider all of the City’s costs and expenses incurred in enforcing the provisions of this Contract including, but not limited to, (1) the cost of administrative investigation and enforcement ( including, without limitation, audit fees and costs, attorneys’ fees) and (2) the cost of any trial, appellate or bankruptcy proceeding (including, without limitation, investigation costs, audit fees and costs, attorney’s fees, court costs, paralegal fees and expert witness fees). This provision shall survive the expiration or termination of the Contract. 22.11 The Service Provider shall not, during the term of the Contract, knowingly hire or employ (on either a full-time or part-time basis) any employee of the City. 22.12 The Service Provider shall be required, during the term of the Contract, at no additional cost to the City, to take such reasonable security precaution with respect to its operations at City Hall as the City, in its discretion, may from time to time prescribe. The Service Provider shall comply with all regulations, rules, and policies of any governmental authority, including the City, relating to security issues. 25 EXHIBIT A GENERAL CONDITIONS 22.13 The City may, but shall not be obligated to, cure, at any time, upon five (5) days written notice to the Service Provider (provided, however, that in any emergency situation to the City shall be required to give only such notice as is reasonable in light of all the circumstances), any default by the Service Provider under this Contract; whenever the City so cures a default by the Service Provider, all costs and expenses incurred by the City in curing the default, including but not limited to, reasonable attorneys’ fees, shall be paid by the Service Provider to the City on demand. 22.14 The City shall, in its discretion, be entitled to deduct from the compensation to which the Service Provider is otherwise entitled hereunder an amount equal to any liabilities of the Service Provider to the City which are then outstanding. In the event that additional work beyond the scope of this Contract is requested by the City Manager and it results in any extra charges to the City, the Service Provider shall so advise the City in writing of the amount of the extra charges. The City is not required to pay any extra charges for additional work unless such work and the charges therefore have been approved in advance and have been confirmed in writing within twenty-four (24) hours by the City Manager, in his or her exclusive discretion. 22.15 The Service Provider is an independent Service Provider, and nothing contained herein shall be construed as making the Service Provider an employee, agent, partner, or legal representative of the City for any purpose whatsoever. The Service Provider acknowledges that it does not have any authority to incur any obligations or responsibilities on behalf of the City and agrees not to hold itself out as having any such authority. Nothing contained in this Contract shall be construed to create a joint employer relationship between the City and the Service Provider with respect to any employee of the Service Provider or of its subcontractors. 22.16 The Service Provider and its subcontractors, if any, shall maintain complete and accurate books and records in accordance with generally accepted accounting principles, consistently applied, and shall be in a form reasonably acceptable to the City Manager or designee. The Service Provider and its subcontractors shall account for all expenses of any nature related to transactions in connection with the Contract in a manner that segregates in detail those transactions from other transactions of the Service Provider and subcontractors, and which support the amounts reported and /or invoiced to the City. At a minimum, the Service Provider’s and subcontractor’s accounting for such expenses and transactions shall include such records in the form of electronic media compatible with or convertible to a format compatible with computers utilized by the City at its offices; a computer-run hard copy; or legible microfilm or microfiche, together with access to the applicable reader. All such books and records and computerized accounting systems shall, upon reasonable notice from the City, be made available in Henry County, Georgia, for 26 EXHIBIT A GENERAL CONDITIONS inspection, examination, audit, and copying by the City through and by its duly authorized representatives at any time for up to four (4) years after the year to which books and records pertain. Such inspection, examination, or audit may include, but is not limited to, a review of the general input, processing, and output controls of information systems, using readonly access, for all computerized applications used to record financial transactions and information. The Service Provider and subcontractor shall freely lend its own assistance in a timely manner in making such inspection, examination, audit, or copying and, if such records are maintained in electronic and other machine-readable format, shall provide the City and/or its representative such assistance as may be required to allow complete access to such records. The City Manager may require the Service Provider and subcontractors to provide other records that the City Manager, in his or her sole discretion, deems necessary to enable the City to perform an accurate inspection, examination, or audit of expenses incurred in and transactions related to performance of this Contract. Such records shall be provided within thirty (30) days or request thereof. In the event that expenses incurred or reimbursed are found by such inspection, examination, or audit to have been overpaid, the Service Provider and its subcontractors agree that such amounts shall be payable to the City. If, prior to the expiration of the above-state four (4) year record retention period, any audit or investigation is commenced by the City, or any claim is made or litigation commenced relating to this Contract by the City, the Service Provider, or third party, the Service Provider shall continue to maintain all such records, and the City shall continue to have the right to inspect such records in the manner stated above, until the inspection, examination, audit, claim, or litigation is finally resolved (including the determination of any and all appeals or the expiration of time for an appeal). This provision shall survive the expiration or earlier termination of this Contract. In the event of any conflict between any provision of this Contract and generally accepted accounting principles or generally accepted auditing standards, the provisions of this Contract shall control even where this Contract references such provisions or standards. In particular, without limitation, the Service Provider and subcontractors shall maintain all records required under this Contract to the full extent required hereunder, even if some or all such records would not be required under such generally accepted accounting principles or auditing standards. If as a result of an inspection, examination or audit, it is established that amounts are due from the Service Provider to the City, the Service Provider shall forthwith, upon written demand from the City, pay the City such amount, together with interest on the amount due at the rate of twelve (12%) percent per annum, or if less, the maximum rate of interest allowed by law, from the date such additional amounts were overpaid by the City. Further, if such inspection, examination, or audit establishes that the Service Provider has over-billed such amounts for any Contract period by two (2%) percent or more, then the entire expense of such inspection, examination, or audit shall be paid by the Service Provider. 27 EXHIBIT A GENERAL CONDITIONS 22.17 The Service Provider and subcontractors shall prepare and provide the City with all detailed reports as required under the Contract on a timely basis. The City reserves the right to modify the reporting procedures or the form and content of any report as it deems necessary. 22.18 There are no third-party beneficiaries to this Contract, and nothing contained herein shall be construed to create such. 22.19 Time is of the essence for the performance of each of the Service Provider’s obligations under this Contract. 22.20 In computing any period of time established under this Contract, except as otherwise specified herein, the word “days” when referring to a period of time is ten (10) days or less means business days, and when referring to a period of time that is more than ten (10) days means calendar days. The day of the event, from which the designated period of time begins to run, shall not be included. A business day is any day other than Saturday, Sunday, or Federal, State of Georgia, or City holidays. 22.21 The Service Provider agrees to perform all acts and execute all supplementary instruments or documents which may be reasonably necessary to carry out or complete the transaction(s) contemplated by this Contract. 22.22 The City reserves the right to further develop, improve, repair and alter the facilities and all roadways, and parking areas, as it may reasonably see fit, free from any and all liability to the Service Provider for loss of business or damages of any nature whatsoever to the Service Provider occasioned during the making of such improvements, repairs, alterations and additions, including, but not limited to, any damages resulting from negligence of the City or its employees, agents or Service Providers. 22.23 The Service Provider and the City hereby mutually waive any claim against each other and their respective members, officials, officers, agents and employees for damages ( including damages for loss of anticipated profits) caused by any suit or proceedings brought by either of them or by any third party directly or indirectly attacking the validity of this Contract or any part thereof, or any addendum or amendment hereto, or the manner in which this Contract was solicited, awarded or negotiated, or arising out of any judgment or award in any suit or proceeding declaring this Contract, or any addendum or amendment hereto, null, void or voidable or delaying the same, or any part thereof, from being carried out. 22.24 At the option of the Service Provider, the products and/or services provided under the Contract resulting from this solicitation may be provided to other governmental agencies, 28 EXHIBIT A GENERAL CONDITIONS including the State of Georgia, its agencies, political subdivisions, counties, and cities under the same terms and conditions, including price, as such products and/or services are provided under this Contract. Each governmental agency allowed by the Service Provider to purchase products and/or services in connection with this Contract shall do so independent of the City or any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods and services ordered, received, and accepted by it. The City shall have no liability to Service Provider or any governmental agency resulting from the purchase by that agency of products and /or services from the Service Provider in connection with this Contract. 23. GRATUITIES, REBATES, OR KICKBACKS. 23.1 GRATUITIES. It shall be unethical for any person to offer, give or agree to give any employee or official of the City or for any employee or official of the City to solicit, demand, accept from another person, a gratuity, rebate, loan, offer of employment or other services or property of value in connection with any decision, approval, disapproval, recommendation or preparation of any part of a program requirement or a purchase request including the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any particular matter, pertaining to any program requirement or a Contract or subcontract, or to any solicitation or proposal therefore in any manner inconsistent with the State of Georgia’s Department of Administrative Services Gratuity Policy. Rebates normally or routinely offered to customers in the ordinary course of business for the purchase of goods and services are acceptable and are the property of the City. 23.2 KICKBACK AND REBATES. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor to this Contract to the prime contract or higher-tier subcontractor, or any person associated therewith, as an inducement for a subcontractor or order. End of Exhibit A. 29 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS 1.1 BACKGROUND: The population of Stockbridge has changed significantly over the past few decades. By 2020, the population had increased to 28,973. A recent annexation, effective January 1, 2023, brought the population to approximately 34,613 based on staff calculations and GIS resources. Stockbridge is ideally located in close proximity to I-75 and I-675, as well as Hartsfield-Jackson Atlanta International Airport. Stockbridge’s affordability and proximity to Atlanta make it an attractive area to locate within the Metro Atlanta area. As the region continues to grow, the City of Stockbridge has the opportunity to attract and retain young adults and families. The City needs to manage development that occurs with future population growth so as not to diminish the small-town community feel that existing residents enjoy. The City’s recent focus has been on improving existing corridors to accommodate infill and redevelopment, particularly for commercial and multifamily/mixed-use developments. To accommodate this growth and redevelopment, the City’s current Unified Development Code is in need of reorganization and update with the following goals to help implement the vision, goals, and strategies of the City of Stockbridge. A. Goals and Objectives 1. Unified Development Code Reorganize the current document with a table of contents, add recently approved text amendments, and resolve all conflicts with other City plans and the City Code of Ordinances. Update design criteria for commercial, industrial, and residential zoning districts. a. Build on the goals and action items from the 2028 Unified Plan, including implementation of small area plans b. Insert and organize recently approved zoning code text amendments and add to the updated permitted uses c. Contrast and bring document into alignment and make consistent with, 2025-2030 Comprehensive Plan, City Code of Ordinances, Parks Masterplan, trails plan, and any other approved city plans or studies d. Refinement, deletion, or update of existing zoning districts, Special Purpose land use designation, Suburban Residential and Rural Residential Zoning Districts, create and add new, smaller lot-sized single-family detached residential districts, Planned Unit Development, and Mixed-Use zoning districts through conversion of existing zoning districts, create several new single-family housing districts, including a tiny home zoning district. e. Update or refine current overlay districts and develop new special purpose zoning districts, as necessary, and consideration of planned development zoning district(s) and residential office zoning district(s) by creating new mixed-use zoning districts. 30 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS f. Create a special-purpose zoning district to match the special-purpose land use category in the Comprehensive Plan g. Organize, streamline, index, add a table of contents, and modernize the overall look of the document h. Inclusion of helpful illustrations, tips, and reminders throughout the document i. Revision of the Use Table, including but not limited to the addition of common contemporary uses; deletion of antiquated uses; color-coding; and rearranging of categories. j. Simplifying and alphabetizing supplemental regulations k. Revise/update zoning district development permitted uses tables l. Streamline community and building design standards m. Add a ten percent rental cap on all new residential developments with special waiver process to exceed the standard n. Update parking standards, including reductions where appropriate o. Creation of administrative waivers and lot merger provisions p. Introduction of economic development and affordable housing (including senior housing) through density bonuses and zoning incentives. q. Review all adopted city plans, such as LCIs, Housing Studies, Strategic Plan, 2028 Comprehensive Plan, and City Code of Ordinance to ensure that there are no conflicts and that all documents agree and are consistent with the Unified Development Code. 2. Sign Ordinance Build on the goals and action items from the 2022 Unified Development Code. a. Establish signage as a design element that can contribute to a sense of place/gateways b. Encourage more pedestrian-oriented signage c. Reduce the prominence of signage while balancing commercial and aesthetic interests with emphasis on monument signs d. Make regulations more user-friendly and easier to interpret e. Create specific illustrations and detailed drawings, where appropriate f. Create a temporary sign program to assist small businesses and special events g. Address monuments, public art, and murals h. Encourage use of modern lettering and wording on signage i. Create a uniform signage look and feel for the overall city j. When applicable, streamline regulations 31 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS B. Project Tasks 1. Task 1 Project Management Plan The Consultant shall create a Project Management Plan to ensure that the project begins with a clear understanding of the project’s processes, schedule, budget, and desired outcomes. The PMP shall drive the work schedule for the duration of the project and include a Communication Plan for City staff, the Consultant, the Project Management Team, and Stakeholders. Internal engagement should be bi-monthly meetings with staff. The purpose of the PMP is to ensure that the project begins with a clear understanding of the project’s processes, schedule, and desired outcomes. The PMP outlines the working relationship among City staff, the Consultant, the Project Management Team, and a Stakeholder Committee. The PMP shall include a process for collecting information and building relationships between the consulting team and the City. Involvement from various City of Stockbridge departments, appointed officials, and/or elected officials is imperative to a successful planning process. It will be expected to have continual and ongoing communications with City Staff. Interactions with staff will include regularly scheduled phone calls and email communications between the Consultant and the City staff project manager. Current Planning staff and the Consultant shall create a Project Management Team. This team shall meet at least monthly to discuss the project’s progress. The key responsibilities of the Project Management Team are to manage the project, set objectives and milestones, review and comment on materials to be presented at public meetings, and distribute information to community participants. A Project Management Plan (PMP) shall be developed, indicating dates for tasks, milestones, project timeline, receipt of deliverables, and key decision-making points. The PMP will drive the work schedule for the duration of the project; therefore, it is critical that the plan provides an overview of the process, project goals, key dates, opportunities for public input, review of preliminary findings, and concepts of deliverables. It is also expected that City Staff will periodically provide updates to various boards and commissions at their regular meetings to keep them apprised of the process and, from time to time, seek feedback on a particular topic or question. Staff will also facilitate connections between the Consultant and community stakeholders. Staff shall provide the necessary zoning information, background information, interpretations, and other documents related to the project. Information to be supplied includes, but is not limited to: a. 2023-2028 City of Stockbridge Unified Development Code b. Henry City Municipalities’ comprehensive plans 32 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS c. Strategic Economic Development Plans, broadband accessibility plans, and housing plans (to the extent they exist and are relevant) d. Solid Waste Management Plans e. The Atlanta Region’s Plan Policy Framework: Modal studies conducted by agencies within the study area f. Livable Centers Initiative (LCI) plans, corridor studies, and other active small area plans g. City Board of Education facilities planning documents h. Police Department planning initiatives i. Parks & Recreation Master Plan j. Zoning Ordinance, Sign Ordinance, subdivision regulations, and any other land k. Use controls used to implement the Comprehensive Plan. l. City of Stockbridge Code of Ordinances 2. Task 2 Public Involvement The Consultant shall develop a public engagement process that shall be used to achieve a community-supported project outcomes with special considerations being given to include low- to moderate-income, minority populations, millennials, students, landowners, business owners, elderly, and disabled residents. The Consultant will identify stakeholders and facilitate their involvement in the planning process. The Consultant shall produce a Public Participation Plan, to outline the public input strategy for this project. The Public Participation Plan shall also include a Stakeholder Committee. This committee shall include at least seven (7) committee members, as listed below. The Committee shall serve in a technical advisory capacity to assess zoning proposals and concepts. • • • • • One (1) member of the Citywide Development Authority One (1) member of the Citywide Development Authority [duplicate] One (1) member from each Council District [i.e., six (6) members] One (1) Planning Commission member Three (3) members are to be chosen by the Community Development Director. A schedule of meetings and locations shall be made available within a reasonable time from the onset of the project, including, but not limited to a. “Kick-off” period- (in-person): to announce the beginning of the project process, goals, project timeline, key dates, preliminary findings from text review of the existing Ordinance, and opportunities for public input at a City Council Meeting, along with internal staff day(s). b. Two (2) Community Zoning Information Meetings - Periodic drafts shall be presented to the public for review and comment prior to finalizing the updates. 33 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS c. Two (2) Planning Commission meetings- Periodic drafts and concepts shall be presented to the Planning Commission and the public for review and comment prior to finalizing the updates. d. Two (2) City Council Meetings- Periodic progress updates, presentation of draft documents to the legislative body, and delivery of final draft documents for adoption. e. Three (3) public meetings, including one virtual meeting and three (3) stakeholder meetings. f. Design Charrette (in-person): to identify and validate desired architectural and site design elements for the area. g. Data Gathering- Data gathering/outreach/engagement meetings (virtual and/or inperson): to collect, synthesize, and display data, information, and opinions from the public on pertinent topics. These meetings can also be used to review preliminary findings and general directions. h. Mayor/Council—Planning, Economic Development, Public Works (in-person)Periodic progress updates and discussions of concepts needing policy direction shall be presented to the Planning Commission and the public for review and comment prior to finalizing the updates. i. Workshops (virtual and/or in-person)- Technical sessions to deep dive into specific concepts, terms, or details. These sessions should seek to educate members of the public, as well as inform and obtain input. Technical sessions will provide an in-depth knowledge of the specific learning components related to the educational goals and objectives of the planned project. j. Community Tour, if needed (in-person): City staff will lead a community tour with the Consultant to highlight key features, communities, sites, landmarks, boundaries, geography, and other places of interest. A tour provides the consulting team with valuable context for the issues that are discussed over the course of the kick-off period. The Consultant will also use the tour to begin compilation of a photo inventory for future use. These tasks will be documented through meeting notices, meeting summaries, and other written communications, and when possible, video recordings. Responses and acknowledgement of public comments must be documented. The public involvement process should include a variety of methods, times, and techniques to reach the broadest range of stakeholders possible. 3. Task 3 Project Deliverables This task requires the Consultant to generate a variety of documents at various milestones of the project process. The summary planning document for the corridor study shall contain at a minimum the following: 34 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS a. Project Management Plan - an overview of the process, project goals, key dates, opportunities for public input, review of preliminary findings, and concepts of deliverables. b. Public Engagement Plan- public participation process used to achieve a community-supported project outcome. c. Ordinance Assessment - An evaluation of the current Unified Development Ordinance documents shall be conducted by the Consultant to establish its strengths, weaknesses, and opportunities to improve the zoning and sign regulations. d. Existing Conditions Report- Evaluation of Existing Regulations-The Consultant shall perform an evaluation of the existing zoning regulations that will serve as the baseline upon which proposed changes will be made. e. Revised Zoning document - A revised (digital) Zoning document shall be prepared with updated regulations, illustrations, and other content in multiple formats, including Word, InDesign, Illustrator, PDF, etc., including a format that can easily be submitted for integration into the Municode system. f. Revised Sign Ordinance document- A revised (digital) Sign Ordinance document to update and streamline design elements for sign ordinances. The document shall be prepared with updated regulations, illustrations, and other content in multiple formats, including Word, InDesign, Illustrator, PDF, etc., including a format that can easily be submitted for integration into the Municode system. The Framework should include: i. Encourage more pedestrian-oriented signage ii. Reduce the prominence of signage while balancing commercial and aesthetic interests iii. Create specific illustrations and detailed drawings, where appropriate iv. Create a temporary sign program to assist small businesses and special events v. Address monuments, public art, and murals g. Executive Summary – A clear, concise, and compelling Executive Summary document that outlines the consultant’s understanding of the City’s goals for updating the Unified Development Code, and highlights the proposed approach, qualifications, and anticipated outcomes. i. Summarize the proposer’s understanding of the City’s need to modernize and align the UDC with the Comprehensive Plan, current planning practices, and community priorities. ii. Highlight the proposer’s methodology for conducting the code audit, stakeholder engagement, drafting, and implementation support. 35 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS iii. iv. Emphasize key differentiators, such as experience with similar municipal code updates, innovative approaches, and community engagement strategies. Provide a high-level timeline and expected deliverables. h. Final Report Document- The Consultant shall generate a variety of documents at various milestones of the project process to be compiled into a final report. The Consultant shall also develop a strategy to display Zoning and Sign Ordinances to the public, ensuring user-friendly access and synced with the City’s geographic information. i. information system (GIS) programs or applications in order to provide a robust and future-forward user experience. j. The City requests ten (10) bound hard copies, three (3) USB drives, and one (1) editable digital copy of the final report. The digital version must be provided in a format that allows for future modification and reuse. The report shall aggregate the following components: i. ii. iii. iv. v. vi. vii. The Executive Summary Project Management Plan Public Engagement Plan Existing Conditions Report Ordinance Assessment Revised Zoning Document Revised Sign Ordinance Document k. The city of Stockbridge shall retain ownership of all data and files generated and created as a part of the Unified Development Code Update. C. Project Proposed Schedule 1. 2. 3. 4. 5. 6. RFP Issued - (September 2025) Evaluation of Proposals – (November 2025) Process of Recommendation – (November 2025) Contract Execution - (December 2025) Project Kickoff – (January 2026) Project Closeout/Ordinance Adoptions – (Spring 2026) 36 EXHIBIT B SCOPE OF WORK AND SPECIFICATIONS D. Implementation Lastly, the Consultant shall aid in contemplation of the way the ordinances are displayed or made available to the public. In addition to the content of both ordinances, it is important to the City that the documents are available on digital devices, user-friendly, and preferably synchronized with geographic information system (GIS) programs or applications to provide a more robust and future-forward user experience. The Consultant will not be responsible for the implementation phase. Project Deliverables 1. 2. 3. 4. 5. 6. 7. The Executive Summary Project Management Plan Public Engagement Plan Existing Conditions Report Ordinance Assessment Revised Zoning Document Revised Sign Ordinance Document End of Exhibit B. 37 EXHIBIT C REQUEST FOR PROPOSAL I. REQUEST FOR PROPOSAL PROCESS The proposal must contain the information outlined below. Please include a title on each page of your proposal and number the pages to ensure proper identification. 1. Cover Letter 2. Executive Summary 3. Evaluation and Selection Criteria 1. Cover/Transmittal Letter Each proposal must have a Cover/Transmittal Letter briefly summarizing the qualifications and experience relevant to the scope. Please include in the letter the following: i. ii. iii. Company’s information, including the name of the company (include any dba names); headquarters and parent company locations; and a brief history of the company. Company’s mailing address, contact person, telephone number for the primary contact person, and email address. A principal or officer of the company authorized to execute contracts or other similar documents on the firm’s behalf must sign the letter. 2. Executive Summary Executive Summary: An executive summary letter should include the key elements of the respondent’s RFP and an overview of the team. Indicate the address and telephone number of the respondent’s office located nearest to Stockbridge, Georgia, and the office from which the project will be managed. 3. Evaluation and Selection Criteria The City, at its discretion, may award the contract to the responsible and responsive consultant submitting the proposal which is deemed to be the most advantageous to the city. The following is the evaluation criteria the city will consider in determining which proposal is most advantageous to the City: A. Approach 1. Methodology(ies): This section should clearly describe the methodology or methodologies planned to be used to carry out the specific tasks described in the Scope of Work with clarity and thoroughness in addressing the task required. 2. Work Plan: Indicate all key deliverables and their contents. 3. Project Schedule: Provide an outline for each performance metric listed in the Scope of Work. Demonstrate your team’s ability to perform the work requested within an established schedule. 38 EXHIBIT C REQUEST FOR PROPOSAL B. Consultant's Experience 1. List 3-5 similar projects completed in the last 5 five years. 2. Contracts on hand (schedule – showing gross amount of each contract and the approximate timelines). 3. Have you ever failed to complete any work awarded to you? If so, where, and why? 4. How long do you warrant a project? C. Qualifications of Consultant’s Staff 1. Identify key individuals to be assigned to this project and include the function and/or responsibility of each identified individual. Experience summaries of these key individuals must be provided with emphasis on previous experience in similar roles on comparable projects, and a copy of their resumes if applicable. D. Demonstrated Ability of the Consultant to Perform E. Cost Proposal 1. Performed Services • Provide detailed line items of all costs associated with the project. • Provide an overall lump sum bid for all scheduled services 2. Labor Costs • Normal Hours: Monday through Friday, 7 AM to 4 PM • After Hours/Holidays Billed at approved overtime rates 3. Parts and Materials • No more than a 5% markup; provide a detailed price Proposals submitted in response to this RFP will be evaluated and scored, in accordance with the criteria outlined below, by an evaluation committee established by the client. Criteria Points Understanding and Approach to the City’s Tasks 25 Consultant’s Experience 20 Qualifications of Consultant’s Staff, and Experience with local government and zoning ordinances 15 References - Demonstrated Ability of the Consultant to Perform 20 Cost 20 Highest Possible Score 100 39 EXHIBIT C REQUEST FOR PROPOSAL a. All Corporations should provide a corporate seal, a copy of the Secretary of State’s Certificate of Incorporation, and a listing of the principals of the corporation with the proposal. b. The Department is concerned about proposers’ financial capability to perform. Therefore, please provide enough data to lead evaluators to the conclusion that your firm has the financial capability to perform. As detailed financial data is generally proprietary, and proposers do not wish such information to be part of the public record under the Georgia Open Records Act (G.O.R.A.), the City reserves the right to perform additional due diligence in this area, at the sole discretion of the City, prior to award of any contract. c. The proposals will be the basis from which interested firms will be selected for interviews. Following the City staff evaluation of the proposals received, selected firms may be invited to make oral presentations before the City’s Evaluation Panel. The City’s Project Manager will provide additional details outlining the preferred content of the presentation to each firm or team of firms that are invited to participate. Upon completion of the evaluations, the City’s Evaluation Panel will determine the most qualified firm based on all materials and information presented. The City will then begin the negotiations for an agreement with the selected firm. d. Any firm failing to submit information in accordance with the procedures set forth in the RFP may be subject to disqualification. The City reserves the right to change the solicitation schedule or issue amendments to the solicitation at any time. The City reserves the right, at its sole discretion, to waive immaterial irregularities contained in the solicitation. The City reserves the right to reject any and all proposals at any time, without penalty. The City reserves the right to request "best and final" offers, and to issue a new RFP. Firms eliminated from further consideration will be notified by mail by the City as soon as practical. II. SUBMISSION OF RFP Proposals shall only be accepted online through the Bonfire Portal at: https://cityofstockbridge-ga.bonfirehub.com/projectDrafts/202064/details Any bid submitted in any other format (email, paper, fax, mail, etc.) will not be accepted. https://cityofstockbridge-ga.bonfirehub.com/projectDrafts/202064/details The RFP package must include detailed information relative to the Request for Proposal Process and Selection Criteria, as required. The Proposal Letter is included as page two (2) of this RFP. Exhibits B-J must be attached in Bonfire and must be signed by a person authorized to legally bind the company. 40 EXHIBIT C REQUEST FOR PROPOSAL EVALUATION CRITERIA AND PROCESS a. All RFPs received will be reviewed by the Purchasing Manager Representative to ensure that all administrative requirements of the RFP package have been met by the Offerors. Each RFP will be reviewed to ensure that the Offeror submitted all information required in the RFP and that all documents requiring a signature have been signed. Failure to meet these requirements may be cause for rejection. All RFP that meet the administrative requirements will then be turned over to the evaluation committee for further evaluation. b. The Evaluation Committee will review all submittals received and rank Offerors based on submittal information required in the Evaluation and Selection Criteria. The City of Stockbridge may conduct discussions with responsible Offerors who submit an RFP determined to be reasonably susceptible of being selected for award for clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of statements, and such revisions may be permitted after submissions and prior to award. In conducting any such discussions, there shall be no disclosure of any information derived from proposals submitted by competing Offerors. Cost will not be a deciding factor in this RFP, only the Proposal. c. The City of Stockbridge reserves the right to addend the RFP prior to the date of RFP submission. Addenda will be posted to the Stockbridge website at www.stockbridgega.gov. d. Awards of contract shall be made to the responsible Offerors who have successfully submitted an RFP and been ranked by the Evaluation Committee, considering all the evaluation factors set forth in this RFP. No other factors or criteria shall be used in the evaluation. The City of Stockbridge reserves the right to reject all RFP’s submitted in response to this RFP. III. OTHER CONSIDERATIONS a. Vendors responding to this RFP need to become a registered Vendor to sell products or services to the City of Stockbridge. Please note that the vendor file is a good source for vendor information, but not the only source. Registration does not guarantee that your firm will be solicited for any or all requirements. The vendor file will also be used to support financial transactions with vendors, including invoice payments. If you have any questions or concerns, please feel free to email: City of Stockbridge Purchasing Office Wcooley@stockbridgega.org 41 EXHIBIT C REQUEST FOR PROPOSAL b. Prior to the due date, a submitted RFP may be withdrawn by the Offeror by submitting a written request to the Buyer named herein. A person authorized to sign for the Offeror must sign all such requests. The City reserves the right to add provisions to the contract to be consistent with the successful Offeror's offer and to negotiate with the successful Offeror other additions to, deletions from, and/or changes in the language in the Contract, provided that no such addition, deletion or change in Contract language would, in the sole discretion of the City affect the evaluation criteria set forth herein, or give the successful Offeror a competitive advantage. Any exceptions to the agreement must be clearly identified, accompany the Offeror's RFP, and be attached to the agreement. Offerors are cautioned that any exception submitted that will give the Offeror a competitive advantage over another Offeror or that will cause a failure to meet a mandatory requirement of the RFP will not be accepted. Prior to award, the apparent winning Offeror(s) may be required to enter discussions with the City to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within one (1) week of notification; if not, this could lead to rejection of the Offeror's proposal. The offeror will not retype the enclosed contract. 42 EXHIBIT C REQUEST FOR PROPOSAL IV. CERTIFICATION By my signature below, it is certified that my firm can meet all terms of the statement of Proposal and will perform the services specified, and for the privilege of doing so on the City of Stockbridge premises. I understand that, upon proper acceptance of this offer by the City of Stockbridge, a contract will thereby be created. Given under my hand this __________ day of _____________, 20___. _______________________________________ Name of Firm _______________________________________ Signature _______________________________________ Title ____________________________________ Business Address _______________________________________ Email Address End of Exhibit C. 43 EXHIBIT D BOND DOCUMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Stockbridge. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish a bond for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. The Successful Bidder shall also be required to furnish a Maintenance Bond, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of one (1) year from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Date of Bond must not be prior to the date of Contract. If Contractor is a Partnership, all partners shall execute the Bond. 44 EXHIBIT D BOND DOCUMENTS PROVIDED, FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as amended, including, but not limited to, O.C.G.A. § 13-10-1, et al. Seg. And SS 36-86-101, et al. Seg. And is intended to be and shall be constructed as a bond in compliance with the requirements thereof. Signed, sealed, and dated this __________ day of _______________________________, 2025. ATTEST: ____________________________ (Principal Secretary) __________________________ (Principal) (SEAL) BY: _________________________ (Witness to Principal) ____________________________ (Address) __________________________________ __________________________________________ (Address) _____________________________ (Surety) ATTEST BY: _______________________________ (Attorney-in-Fact) and Resident Agent __________________________________ (Attorney-in-Fact) (Seal) (Address) ______________________________ ___________________________________ (Witness as to Surety) ___________________ (Address) ___________________ 45 EXHIBIT D BOND DOCUMENTS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT ___________________________________________________________ (Name of Contractor) ___________________________________________________________ (Address of Contractor) __________________________________________________________ (Corporation, Partnership, or Individual) __________________________________________________________ Hereinafter called Principal, and ___________________________________________________________ (Name of Surety) ___________________________________________________________ (Address of Surety) A Corporation of the State of _________________and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto: The City of Stockbridge, Georgia _______________________________________________________________ (Name of Obligee) 4640 N. Henry Blvd. Stockbridge, Georgia 30281 _______________________________________________________________ (Address of Obligee) Hereinafter referred to as Obligee; for the use and protection of all subcontractors and all persons supplying labor, services, skill, tools, machinery, materials and/or equipment in the prosecution of the work provided for in the contract hereinafter referred to in the full and just sum of ___________________ _____________________________ Dollars ($_____________) in lawful money of the United States, for the payment of which sum well and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 46 EXHIBIT D BOND DOCUMENTS The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee, dated____________________ for ________________. NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall well, truly, and faithfully perform said Contract in accordance to its terms, covenants, and conditions, and shall promptly pay all persons furnishing labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. All persons who have furnished labor, materials, services, skill, tools, machinery and/or equipment for use in the performance of said Contract shall have a direct right of action on this Bond, provided payment has not been made in full within ninety (90) days after the last day on which labor was performed, materials service, skill, tools, machinery, and equipment furnished or the subcontract completed. PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions, to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder. PROVIDED, HOWEVER, that no suit or action shall be commenced hereunder by any person furnishing labor, materials, services, skill, tools, machinery, and /or equipment having a direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the Principal: Unless such person shall have given notice to the Principal within 120 days after such person did, or performed the last of the work or labor, or furnished the last of the materials, services, skill, tools, machinery and/or equipment for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials, services, skill, tools, machinery, and/or equipment were furnished, or for whom they work or labor was done or performed. Such a notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer, and a copy of such notice shall be delivered to the Obligee, to the person and at the address provided for in the Contract, within five days of the mailing of the notice to the Principal. PROVIDED FURTHER, any suit under this Bond must be instituted before the expiration of one year after the acceptance of the public works covered by the Contract by the proper authorities. 47 EXHIBIT D BOND DOCUMENTS PROVIDED FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provision of the Official Code of Georgia Annotated, as amended, including, but not limited to, O.C.G.A. § 13-10-1, et al. Eq. and SS 36-86-101, et al. Seg., and is intended to be and shall be construed as a bond in compliance with the requirements, therefore. Signed, sealed, and dated this___________day of_______________, 2025 ATTEST: ________________________________________ (Principal Secretary) (Seal) _____________________________ (Principal) By:__________________________ _________________________________ (Witness to Principal) ________________________ (Address) ___________________________________ (Surety) ATTEST ____________________________________ Agent _____________________________________ (Attorney-in-Fact) BY: ________________________ (Seal) _____________________________ (Address) ______________________________ (Witness as to Surety) 48 EXHIBIT D BOND DOCUMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT ______________________________________________________ (Name of Contractor) ______________________________________________________ (Address of Contractor) ______________________________________________________ (Corporation, Partnership, or Individual) _______________________________________________________ Hereinafter called Principal, and _______________________________________________________ (Name of Surety) _______________________________________________________ (Address of Surety) A Corporation of the State of _________________ and a surety authorized by law to do business in the State of Georgia, hereinafter called Surety, are held and firmly bound unto: The City of Stockbridge, Georgia ________________________________________________ (Name of Obligee) 4640 N Henry Blvd., Stockbridge, Georgia 30281 ________________________________________________ (Address of Obligee) Hereinafter referred to as Obligee; are held firmly bound unto said Obligee and all persons doing work or furnishing skill, tools, machinery, supplies, or material under or for the purpose of the Contract hereinafter referred to, in the penal sum of: __________________________Dollars ($______________), in lawful money of United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. 49 EXHIBIT D BOND DOCUMENTS The condition of this obligation is such, as whereas the Principal entered into a certain contract, hereto attached, with the Obligee, dated_______________ for: _____________. NOW THEREFORE, the conditions of this obligation are such that if the above-bound Principal shall well, truly, fully and faithfully perform said contract according to its terms, covenants, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the oblige, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said contract that may hereafter be made, then his obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that said Surety to this Bond, for value received, hereby stipulates and agrees that no change, extension of time, alterations, or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations, or additions to the terms of the Contract or to the work to be performed thereunder. PROVIDED FURTHER, that Principal and Surety agree and represent that this bond is executed pursuant to and in accordance with the applicable provisions of the Official Code of Georgia Annotated, as amended, including but not limited to O.C.G.A. SS 13-10-1 et seq. Eq. and SS 36-86-101, et Seg., and is intended to be and shall be construed as a bond in compliance with the requirements thereof. Signed, sealed, and dated this________day of __________________, 2025 ATTEST: ______________________________________________________ (Principal) _______________________________________________________ (Principal Secretary) (Seal) By: ____________________________________________________ ______________________________________________________ (Witness to Principal) 50 EXHIBIT D BOND DOCUMENTS ______________________________________________________ (Address) ______________________________________________________ (Surety) ATTEST: ______________________________________________________ (Attorney-in-Fact) and Resident Agent ______________________________________________________ (Attorney-in-Fact) (Seal) ______________________________________________________ (Address) _____________________________________________________ (Witness as to Surety) ____________________________________________________ (Address) End of Exhibit D. 51 EXHIBIT E GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contractor(s) Name: Address: By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 1310-91, stating affirmatively that the individual, firm, or corporation, which is registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.G.A. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Stockbridge within five (5) business days after any subcontractor(s) is/are retained to perform such service. E Verify TM Company Identification Number Date of Authorization BY: Authorized Officer or Agent (Name of Person or Entity) Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20_ [NOTARY SEAL] Notary Public My Commission Expires: ______________________ *or any subsequent replacement operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-60 52 EXHIBIT E GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with subsubcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ______________________________________________ Federal Work Authorization User Identification Number ____________________________________________ Date of Authorization __________________________________________________________ Name of Subcontractor __________________________________________________________ Name of Project __________________________________________________________ Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ___________, 20_ [NOTARY SEAL] Notary Public My Commission Expires: ____________________ End of Exhibit E. 53 EXHIBIT F DRUG-FREE WORKPLACE The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-free Workplace Act”, have been complied with in full. The undersigned further certifies that: (1) A drug-free workplace will be provided for the Service Provider’s employees during the performance of the Contract; and (2) Each Service Provider who hires a subcontractor to work in a drug-free workplace shall secure from the subcontractor the following written certification: “As part of the subcontracting agreement with __________________ (Service Provider), _______________________________(subcontractor) certifies to the Service Provider that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to paragraph (7) of the subsection (b) of Code Section 50-24-03.” Also, the undersigned further certifies that he/she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract. ______________________________________________________ Company Name ______________________________________________________ BY: Authorized Officer or Agent Date (Service Provider Signature) _____________________________________________________ Title of Authorized Officer or Agent of Service Provider _____________________________________________________ Printed Name of Authorized Officer or Agent End of Exhibit F. 54 EXHIBIT G PURCHASING POLICY ADDENDUM I, _____________________, hereby certify that I have received certify that I have received a copy of the City of Stockbridge, GA, Financial Management Policies Purchasing Policy which can be found at https://stockbridgega.org/departments/procurement-division and agree to comply with all requirements of the City of Stockbridge, GA Financial Management Policies Purchasing Policy to the extent the policy applies to the undersigned. _________________________________________________ BY: Authorized Officer or Agent Date (Service Provider Signature) __________________________________________________ Title of Authorized Officer or Agent of Service Provider __________________________________________________ Printed Name of Authorized Officer or Agent Date End of Exhibit G. 55 EXHIBIT H AFFIDAVIT VERIFYING STATUS FOR CITY PUBLIC BENEFIT APPLICATION By executing this affidavit under oath, as an applicant for a City of Stockbridge, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, execution of contract, or other public benefit as referenced in O.C.G.A. § 50-36-1, I am stating the following with respect to my application for a City of Stockbridge license/permit and /or contract for ________________________________________________________________________________ [ Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity]: 1. ____________________ I am a United States citizen OR 2. ____________________ I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States. * In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20. Signature of Applicant: _____________________________________Date: ______________ Printed Name: ____________________________________________ * Alien Registration number for non-citizens: ___________________ ** PLEASE INCLUDE A COPY OF YOUR PERMANENT RESIDENT CARD, EMPLOYMENT AUTHORIZATION, GREEN CARD, PASSPORT WITH A COPY OF YOUR DRIVER'S LICENSE, OR OTHER DOCUMENTATION AS ALLOWED UNDER THE LAW IF YOU ARE A LEGAL PERMANENT RESIDENT (#2) ** Subscribed and Sworn Before Me, this the ____day of ________________, 20___ Notary Public:___________________________________________________ My Commission Expires: ______________________________ * Note: O.C.G.A.§ 50-36-1(e)(2) requires that aliens under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the Federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens who do not have an alien registration number may supply another identifying number below: _____________________________________ End of Exhibit H. 56 EXHIBIT I: REFERENCE VERIFICATION FORM SOLICITATION NUMBER: RFP NO. 2025-0010 SOLICITATION TITLE: CONSULTANT SERVICES TO UPDATE THE UNIFIED DEVELOPMENT CODE FOR THE CITY OF STOCKBRIDGE Proposing Firm (List name exactly as provided in proposal): Date of Verification: Reference Organization: Project Verified (include the Project Name / Title and brief description of the Project: Person Contacted: Title of Contract: Telephone and extension: Email Address: Questions: Yes/No 1. Were you satisfied with the Company/Organization’s overall performance? 2. Did the firm adhere to the scope of work and bid requirements? 3. Did the firm provide deliverables as agreed upon? 4. Would you engage this firm again? Additional Comments (if any): Signature and Date: 57 EXHIBIT I: REFERENCE VERIFICATION FORM SOLICITATION NUMBER: RFP NO. 2025-0010 SOLICITATION TITLE: CONSULTANT SERVICES TO UPDATE THE UNIFIED DEVELOPMENT CODE FOR THE CITY OF STOCKBRIDGE Proposing Firm (List name exactly as provided in proposal): Date of Verification: Reference Organization: Project Verified (include the Project Name / Title and brief description of the Project: Person Contacted: Title of Contract: Telephone and extension: Email Address: Questions: Yes/No 1. Were you satisfied with the Company/Organization’s overall performance? 2. Did the firm adhere to the scope of work and bid requirements? 3. Did the firm provide deliverables as agreed upon? 4. Would you engage this firm again? Additional Comments (if any): Signature and Date: 58 EXHIBIT I: REFERENCE VERIFICATION FORM SOLICITATION NUMBER: RFP NO. 2025-0010 SOLICITATION TITLE: CONSULTANT SERVICES TO UPDATE THE UNIFIED DEVELOPMENT CODE FOR THE CITY OF STOCKBRIDGE Proposing Firm (List name exactly as provided in proposal): Date of Verification: Reference Organization: Project Verified (include the Project Name / Title and brief description of the Project: Person Contacted: Title of Contract: Telephone and extension: Email Address: Questions: Yes/No 1. Were you satisfied with the Company/Organization’s overall performance? 2. Did the firm adhere to the scope of work and bid requirements? 3. Did the firm provide deliverables as agreed upon? 4. Would you engage this firm again? Additional Comments (if any): Signature and Date: 59 EXHIBIT I: REFERENCE VERIFICATION FORM SOLICITATION NUMBER: RFP NO. 2025-0010 SOLICITATION TITLE: CONSULTANT SERVICES TO UPDATE THE UNIFIED DEVELOPMENT CODE FOR THE CITY OF STOCKBRIDGE Proposing Firm (List name exactly as provided in proposal): Date of Verification: Reference Organization: Project Verified (include the Project Name / Title and brief description of the Project: Person Contacted: Title of Contract: Telephone and extension: Email Address: Questions: Yes/No 1. Were you satisfied with the Company/Organization’s overall performance? 2. Did the firm adhere to the scope of work and bid requirements? 3. Did the firm provide deliverables as agreed upon? 4. Would you engage this firm again? Additional Comments (if any): Signature and Date: 60 EXHIBIT I REFERENCE VERIFICATION FORM SOLICITATION NUMBER: RFP NO. 2025-0010 SOLICITATION TITLE: CONSULTANT SERVICES TO UPDATE THE UNIFIED DEVELOPMENT CODE FOR THE CITY OF STOCKBRIDGE Proposing Firm (List name exactly as provided in proposal): Date of Verification: Reference Organization: Project Verified (include the Project Name / Title and brief description of the Project: Person Contacted: Title of Contract: Telephone and extension: Email Address: Questions: Yes/No 1. Were you satisfied with the Company/Organization’s overall performance? 2. Did the firm adhere to the scope of work and bid requirements? 3. Did the firm provide deliverables as agreed upon? 4. Would you engage this firm again? Additional Comments (if any): Signature and Date: End of Exhibit I. 61 EXHIBIT J COST PROPOSAL RFP No. 2025-0010 1. Performed Services - Provide detailed line items of all costs associated with the project. $ $ $ $ $ $ • Lump Sum - Provide an overall lump sum bid for all scheduled services $ . Lump Sum in Words • 2. Labor Costs A. Normal Hours: Monday through Friday, 7 AM to 4 PM $ . In words, Labor costs – Normal Hours: Monday-Friday, 7 am – 4 pm • B. After Hours/Holidays Billed at approved overtime rates $ . In words, Labor costs – After Hours/Holidays, billed at approved overtime rates. 3. Parts and Materials No more than a 5% markup; provide a detailed price $ . . Parts and Materials Costs in Words If additional space is needed, please use a blank page. End of Exhibit J. 62 Stakeholder Walking Tour – Meeting Summary City of Stockbridge – UDO Update Project Date: May 13, 2026 Purpose: Gather stakeholder input during a walking tour of downtown and surrounding areas to inform updates to the Unified Development Ordinance (UDO). Overall Themes & Priorities Stakeholders consistently emphasized the importance of beautification, cohesion, and identity throughout downtown Stockbridge. There was strong interest in establishing a clear city brand through coordinated signage, streetscapes, public art, and gateways. Participants want development regulations that promote walkability, mixed-use development, youth and senior amenities, historic preservation, and high-quality design, while discouraging auto-oriented and oversaturated personal service uses. Walking Tour Stop Highlights Stop 1 – City Hall / Civic Core  City Hall was viewed as well-kept, but stakeholders questioned whether it communicates a strong first impression or clear brand identity.  Emphasis on beautification, pedestrian-oriented design, modernized signage, and reinforcing the idea that “the people make the city.”  The railroad is seen as both a historic asset and a physical barrier; stakeholders supported better presentation of rail history and continued use of the silent crossing zone. Stop 2 – Railroad Corridor, Downtown Overlay, and Connectivity  Strong support for revitalization with businesses that add substance and social value, especially uses that serve teens and youth.  Desire for murals, public art, pocket parks, and under-bridge activation to transform barriers into destinations.  Pedestrian safety and trail connectivity across the railroad were major concerns, including improved crosswalks and alignment with the city’s trail and heritage plans.  Broad support for modernizing signage standards, including pole banners, heritage signs, coordinated lighting, and gateway features.  Stakeholders cited other cities (e.g., McDonough, Union City, Fayetteville) as models for downtown cohesion and branding. Stop 3 – Historic Downtown Core / Burke Street Area  Interest in mixed-use development with active ground floors and residential above, without discouraging development through overly burdensome processes.  Concerns about narrow streets, event congestion, and amphitheater-related tra ic; a city-owned parking deck was discussed as a long-term solution.  Opportunities identified for a train-themed gathering space or depot-style play area, potentially replacing blighted structures.  Recognition that some areas are within a Tax Allocation District (TAD), with past development concepts that could be revisited.  Stakeholders stressed historic character protection while allowing appropriate reinvestment. Stop 4 – Redevelopment & Underutilized Parcels  Strong consensus that certain underutilized parcels are ideal for mixed-use redevelopment.  Support for live/work/play environments, but with preferences against townhomes and multiplex-style buildings.  Housing types favored include cottage homes and tiny homes, particularly when designed to resemble single-family detached aesthetics.  Desired uses: o ices, upscale or destination restaurants, boutique hotels, and active community-oriented spaces.  Discouraged uses: drive-throughs, auto-oriented uses, gas stations, car washes, tobacco/vape shops, excessive personal services, and additional co ee shops. Stop 5 – Residential Edge Areas  Strong interest in requiring meaningful amenities in new developments, including youth and senior services and medical/health-related uses.  Stakeholders expressed concern about the prevalence of rental housing and discussed discouragement strategies, reporting or registration requirements, and potential caps (with acknowledgment of enforcement limitations).  Support for allowing cottage and tiny home developments through updated lot and master development standards.  Clear opposition to additional multiplexes in these areas. Stop 6 – Parks, Greenspace, and Trails  Major concerns about lack of sidewalks and safe pedestrian access to parks, including missing crosswalks.  Strong support for implementing the city’s Master Trail Plan and requiring developer contributions through easements, construction, or fee-in-lieu options.  Fee-in-lieu systems were favored to fund public, accessible amenities rather than private HOA facilities, reducing long-term maintenance burdens.  Desire to update playgrounds and youth spaces and better connect greenspaces to downtown. Stop 7 – Amphitheater & Community Event Areas  The amphitheater is valued but creates parking, congestion, and noise challenges.  Stakeholders emphasized the need for additional parking capacity, potentially through a parking deck.  Little interest in adding new entertainment or nightlife uses in this area due to existing capacity constraints.  City-owned land nearby was identified as a potential gathering or transition space to better connect downtown and the amphitheater. Key Takeaways  Strengthen downtown branding, signage, and streetscape standards citywide.  Encourage mixed-use, walkable development while discouraging auto-oriented and oversaturated uses.  Expand amenity, open space, and trail requirements, including fee-in-lieu options.  Support youth- and senior-focused services, housing diversity (cottages/tiny homes), and aging-in-place.  Address parking, connectivity, and pedestrian safety as integral parts of redevelopment.  Protect historic resources while enabling reinvestment and adaptive reuse. UDO-Aligned Stakeholder Summary & Action Items 1. Zoning Districts & Use Regulations A. Downtown / Mixed-Use Districts Direction:  Strengthen and/or expand a Downtown Mixed-Use (DMU) / Overlay District  Reduce barriers to mixed-use development (simplify SUP processes) Action Items:  Permit vertical and horizontal mixed-use by-right in downtown core  Encourage:  o Restaurants (especially upscale/destination) o O ices and civic uses o Boutique hotel accommodations Require active ground floor uses in key frontage areas Use Restrictions (Downtown):  Prohibit or limit: o Drive-through uses o Automotive uses (gas stations, car washes, repair) o Tobacco/vape shops o Over-concentration of personal services (salons, barber shops, etc.) o Additional co ee shops (consider cap or spacing requirement) Special Permissions:  Allow walk-up service windows (no drive-throughs) B. Residential Districts & Housing Types Direction:  Shift toward context-sensitive housing diversity while avoiding unwanted forms Action Items:   Permit: o Cottage court developments o Tiny homes (with design standards) Require: o  Single-family design character for small-scale multi-unit (if allowed) Prohibit: o New multiplexes, duplexes, and townhomes in targeted areas Rental Controls (if legally feasible):  Require rental property registration/reporting  Explore soft caps or monitoring mechanisms (acknowledging enforcement limitations) 2. Development Standards (Site Design & Form) Streetscape Standards Direction: Create a consistent, walkable public realm design standard citywide. Action Items:  Require: o Sidewalks on all frontages o Planting strips and street trees o Pedestrian lighting o Street furniture (benches, trash receptacles)  Incorporate decorative lighting and banner programs in downtown  Standardize streetlight design for cohesion Parking & Access Direction: Improve functionality while reducing visual impact. Action Items:   Require: o Parking lot landscaping (perimeter + islands) o Restriping or upgrades upon redevelopment Encourage: o  Shared parking strategies Plan for: o Public parking deck in downtown/amphitheater area Access Management Action Items:  Require curb cut consolidation and cross-access  Improve pedestrian crossings, especially near: o Railroad corridor o Parks and civic spaces 3. Open Space, Parks & Trails Open Space Requirements Direction: Prioritize publicly accessible amenities over private HOA facilities. Action Items:  Require open space or fee-in-lieu contributions  Allow fee-in-lieu funds to: o Improve parks o Develop trails o Enhance public gathering spaces Trail Connectivity Action Items:  Require developments to: o Dedicate easements or construct trail segments  Align with Master Trail Plan implementation  Ensure safe crossings (sidewalks + crosswalks) to parks Recreation & Youth Amenities Action Items:  Require or incentivize: o Youth activity centers o Senior services o Updated playgrounds and gathering spaces 4. Urban Design & Architectural Standards Building Design Direction: Promote high-quality, context-sensitive architecture. Action Items:   Require: o Active frontages in downtown o Human-scale design in mixed-use areas Encourage: o Mixed-use buildings with residential above commercial Residential Design Action Items:  Require cottage/tiny home developments to: o  Mimic single-family appearance Allow master-planned layouts instead of strict 1-lot/1-home rules 5. Signage & Branding Sign Ordinance Updates Direction: Create a cohesive visual identity across the city. Action Items:  Develop a citywide signage program  Update standards to include:  o Monument signs over pole signs o Pole banners and decorative signage Establish: o  Heritage sign protections (district or citywide) Require consistent branding elements for: o Gateways, bridges, and underpasses 6. Historic Preservation Direction: Strengthen protection while enabling reinvestment. Action Items:  Activate Historic Preservation Commission framework  Develop:  o Historic resource inventory (GIS-based) o Design guidelines for historic areas Consider adaptive reuse incentives 7. Economic Development Tools & Implementation Incentive Tools Action Items:   Utilize: o TAD (Tax Allocation Districts) o SPLOST / funding mechanisms Encourage redevelopment of underutilized and blighted parcels Activation Strategies (Non-Code but Supported by UDO)   Allow: o Pop-ups / container retail o Temporary uses in underutilized sites Encourage: o Public art (murals, installations) o Event spaces and programming 8. Mobility & Connectivity Pedestrian Priority Action Items:   Require: o Sidewalk connectivity across all developments o Safe crossings at key barriers (railroad, major roads) Improve: o Access to parks and downtown destinations Multimodal Considerations  Reinforce walkability over auto-dependence  Support trail-based connectivity rather than transit emphasis (based on stakeholder input 9. Administration & Procedures Development Review Action Items:  Simplify approval processes for: o  Mixed-use developments Clarify and streamline design requirements OCTOBER 12, 2026 ✔ Ryan Anderson Community Development Consideration of a resolution authorizing the City of Stockbridge to accept the dedication and future conveyance of a public park to be located on Campground Road as part of the Jodeco Campground Village development. The approximately 18,700-square-foot park would include a playground, pickleball courts, dog park, putting green, passive recreation areas, landscaping, and pedestrian amenities for public use upon completion and City acceptance. As part of the development agreement between Jodeco Campground Village LLC and the City of Stockbridge, the developer has committed to constructing and conveying a public park parcel to the City upon completion of the required park improvements and satisfaction of the agreement's conditions. Acceptance of the park supports the City's recreational and open space goals by providing new public amenities along the Campground Road corridor and expanding recreational opportunities for residents and visitors. ✔ 0.00 ACCEPTANCE OF NEW CAMPGROUND ROAD PUBLIC PARK. APPROVAL. Henry County, GA Overview Legend Parcels Roads 294 ft Parcel ID Property Address District 071-01025002 108 PEACH DR Class Residential Owner Acreage 13.07 Address City/Stockbridge JODECO CAMPGROUND VILLAGE LLC 194 PEPPERTREE CROSSING AVE BRUNSWICK, GA 31525 Land Value: Building Value: Misc Value: Total Value: $798,500 $0 $0 Last 2 Sales Date Price Reason Qual 8/19/2022 $0 VW U 4/30/2013 $0 VH U $798,500 Parcel lines depicted on the maps do not re ect a true and exact representation of property boundaries and should not be relied upon for said purpose. Property boundary lines are depicted on recorded plats available at the Henry County courthouse or can be determined by employing the services of a licensed surveyor. Date created: 9/28/2026 Last Data Uploaded: 9/28/2026 1:15:46 AM Developed by DEVELOPMENT AGREEMENT BY AND BETWEEN JODECO CAMPGROUND VILLAGE LLC AND THE CITY OF STOCKBRIDGE, GEORGIA THIS DEVELOPMENT AGREEMENT (this "AGREEMENT") is made and entered into as of the ___ day of __________________, 2026, by and between Jodeco Campground Village LLC, a Georgia limited liability company ("DEVELOPER"), and the city of Stockbridge, Georgia, a Georgia municipal corporation ("CITY"). DEVELOPER and CITY may be referred to individually as a "PARTY" and collectively as the "PARTIES." RECITALS WHEREAS, DEVELOPER is the owner or contract purchaser of ± 13.07 acres of real property located in the CITY, being more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein (the "Property"); WHEREAS, DEVELOPER intends to develop the Property as a residential development consisting of townhomes and single-family detached homes, together with related site improvements, open space, amenity areas, infrastructure, and other improvements as generally shown on Exhibit B, attached hereto and incorporated herein (the "Residential Development"); WHEREAS, a portion of the Property, consisting of ± 18,700 square feet, being more particularly described in Exhibit "C", is intended to be subdivided from the Property as a separate legal parcel and, if the Residential Development proceeds and the conditions of this AGREEMENT are satisfied, improved and conveyed to the CITY for use as a public park (the "Park Parcel"); WHEREAS, the Park Parcel shall include a dog park, two pickleball courts, a three-hole putting green, a playground, passive park areas, related landscaping, pedestrian improvements, and other related improvements and the general location and arrangement of the park improvements are shown on the plan attached hereto as Exhibit “D” and incorporated herein; the required SGR/82667552.2 components, quantities, approximate dimensions, minimum standards and express exclusions are described in the schedule attached hereto as Exhibit “E” and incorporated herein; and representative playground and other equipment information is shown on Exhibit “F” and incorporated herein (Exhibits “D,” “E,” and “F” are collectively referred to as the “Park Design Documents,” and the improvements expressly required thereby are collectively referred to as the “Park Project”). DEVELOPER retains the right to substitute equipment shown in the Park Design Documents with equipment of reasonably comparable type, function, age range, quality and cost; WHEREAS, DEVELOPER’s obligations under this AGREEMENT are conditioned upon: (a) the issuance of all material permits and approvals required for the Residential Development and Park Project in forms reasonably acceptable to DEVELOPER; (b) the expiration of applicable administrative appeal periods without an appeal that prevents development; and (c) DEVELOPER’s continuing election and ability, in its discretion, to carry out the Residential Development; WHEREAS, DEVELOPER may construct the Residential Development and the Park Project under a single land disturbance permit, or under separate or related permits; WHEREAS, the CITY desires to acquire the Park Parcel and Park Project from DEVELOPER and the CITY has determined that acceptance of the Park Parcel and completed Park Project for use as a public park would serve a public purpose; WHEREAS, the PARTIES desire to establish their respective obligations regarding: (a) construction of the Park Project; (b) subdivision and conveyance of the Park Parcel to the CITY; (c) inspection and acceptance of the Park Parcel and Park Project by the CITY; (d) ownership, operation, maintenance and public use of the Park Parcel and Park Project following acceptance 2 SGR/82667552.2 and conveyance; and (e) liability for the Park Parcel and Park Project following acceptance and conveyance; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are acknowledged, the PARTIES agree as follows: 1. Notwithstanding anything herein to the contrary, no obligation of DEVELOPER under this AGREEMENT shall become effective or enforceable unless and until the continuing conditions stated in the Recitals and AGREEMENT concerning permits, approvals, expiration of applicable appeal periods and DEVELOPER’s election and ability to carry out the Residential Development are satisfied or waived by DEVELOPER (the "Permit Condition"). Prior to satisfaction of the Permit Condition, the CITY’S obligations to cooperate, process applications and refrain from interference under this AGREEMENT shall remain in full force and effect. 2. DEVELOPER may assign its rights and obligations under this AGREEMENT, without CITY consent, but upon written notice to the CITY, to: (a) an affiliate of DEVELOPER; (b) a successor entity in a merger or reorganization involving DEVELOPER; or (c) a purchaser of some or all of the Property containing the Park Parcel, provided that the assignees expressly assume in writing DEVELOPER's obligations under this AGREEMENT accruing from and after the date of assignment. Upon such assumption, the assigning DEVELOPER shall be released from obligations accruing thereafter. No purchaser of an individual lot and no homeowner, homeowners’ association, property owners’ association, mortgagee or purchaser through foreclosure or deed in lieu shall be bound by this AGREEMENT solely by acquiring an interest in the Residential Development. 3. DEVELOPER shall be responsible for engineering design of those portions of the Park Project for which engineering design is required by applicable law, the applicable permits or 3 SGR/82667552.2 the Park Design Documents. In addition, DEVELOPER shall have the right to modify the Park Design Documents, including relocating or reorienting any of the park improvements shown herein, without the consent of the City; provided, however, that Developer shall not omit or remove any park improvements in their entirety. 4. DEVELOPER shall be responsible for and shall provide all labor and materials necessary for the construction of the Park Project as reflected in the Park Design Documents. 5. DEVELOPER shall not be responsible for constructing any improvement, facility or item not expressly required by the Park Design Documents, unless DEVELOPER agrees in writing to construct such item. In the event of a conflict, Exhibit “E” shall control the required scope of the Park Project; Exhibit “D” shall control the general location and arrangement of improvements; and Exhibit “F” shall be illustrative only. Background information, illustrative features, future improvements, non-selected alternates and improvements outside of the Park Parcel shall not expand Developer’s obligations. In the event the CITY desires additional improvements or upgrades to the Park Project other than what is contemplated in the park improvements or the Park Design Documents, then the CITY shall be responsible for installing same at its own cost and expense, and it shall not be part of DEVELOPER’s obligations hereunder. 6. DEVELOPER may construct the Residential Development and the Park Project under a single land disturbance permit, or under separate or related permits, as determined by DEVELOPER and permitted by applicable law. No delay, dispute, inspection, punch-list item, certification, platting, conveyance or acceptance relating to the Park Parcel or Park Project shall delay or condition approval or recording of any residential plat, issuance of any residential building permit or certificate of occupancy or any other approval for the Residential Development. Activity 4 SGR/82667552.2 or inactivity under one permit shall not serve as the basis for delaying or refusing to perform any act, activity, inspection or approval under another permit. 7. DEVELOPER in its sole discretion may phase, sequence, coordinate, or delay construction of the Park Project as reasonably necessary to coordinate with mass grading, utility installation, stormwater facilities, access, residential construction, permit requirements, weather, labor or supply availability, and other ordinary construction considerations. DEVELOPER may choose the time to initiate the subdivision of the Park Parcel from the Property in its discretion, and creation of the Park Parcel as a separate parcel shall not constitute conveyance, dedication, acceptance or permission for public use. 8. CITY shall have the right to inspect the Park Project during construction and shall bear the cost of its own inspection(s). CITY personnel shall comply with all reasonable rules and regulations provided by DEVELOPER or its contractors in connection with any such inspection. 9. The Park Project shall achieve “Substantial Completion” when the improvements expressly required by the Park Design Documents are sufficiently complete, in material accordance with the Park Design Documents and applicable permits, so that the Park Project may be safely used for its intended public-park purposes, notwithstanding minor corrective, seasonal, landscaping or punch-items that do not materially interfere with such use. 10. When DEVELOPER determines that Substantial Completion has occurred, DEVELOPER shall deliver written notice to the CITY requesting inspection (the "Completion Notice"). Within ten (10) business days after receipt of the Completion Notice, the CITY shall inspect the Park Project and deliver either (a) written confirmation of Substantial Completion or (b) one consolidated written punch list identifying with reasonable specificity each material respect in which the Park Project fails to conform to the Park Design Documents or applicable permits. 5 SGR/82667552.2 The CITY shall not unreasonably withhold, condition, or delay confirmation. If the CITY fails timely to inspect or respond as required herein, Substantial Completion shall be deemed to have occurred upon expiration of the ten-business-day period. 11. The Park Project shall be complete upon the issuance of a Certificate of Occupancy, Certificate of Completion or other written approval from the CITY confirming that the Park Project (inclusive of punchlist) has been completed (the "Final Certification"), which (i) shall be separate and apart from a Certificate of Occupancy for the Residential Development (neither of which shall be conditioned on the other), and (ii) shall not be unreasonably withheld or delayed, at which time any and all of DEVELOPER'S obligations and liabilities arising out of or related in any way to the Park Project shall cease, except as otherwise stated herein. 12. As a condition of Final Certification, DEVELOPER shall provide the CITY with a final contractor’s affidavit and final 1ien waivers from the general contractor and those subcontractors and suppliers having direct contractual relationships with DEVELOPER, in each case conditioned upon receipt of final payment, or reasonably equivalent evidence that the Park Project is free of liens from DEVELOPER’s construction. 13. DEVELOPER may, at any time before or after construction of the Park Project or Substantial Completion of the Park Project and before approval or recording of any final plat for the Residential Development, submit or cause to be submitted a separate plat whose principal purpose is to subdivide the Park Parcel from the balance of the Property as a separate legal parcel (the "Park Severance Plat"). The Park Severance Plat may be submitted and processed as a minor subdivision plat, administrative plat, final plat, boundary plat, or other form of recordable plat available under applicable law, and may depict the balance of the Property as one or more remainder tracts. The CITY shall process the Park Severance Plat independently from any 6 SGR/82667552.2 preliminary or final plat for the Residential Development and shall not condition its approval or recording upon completion, bonding, inspection, acceptance, or dedication of any road, utility, stormwater facility, landscaping, amenity, building, lot or other improvement within the Residential Development or upon completion of any phase of the Residential Development. The Park Severance Plat shall not constitute or be treated as a final plat for the Residential Development and shall not modify, supersede, reopen, invalidate, or require resubmittal of any approved zoning, development plan, land disturbance permit, construction plan, engineering design, utility plan, stormwater plan, preliminary plat, entitlement, or other approval for the Residential Development; require re-permitting or re-engineering of the Residential Development; alter approved density, unit count, layout, phasing, access, infrastructure, or vested rights; trigger premature dedication or acceptance of residential improvements; or prejudice DEVELOPER's right to obtain approval and record one or more subsequent final plats for the Residential Development generally in accordance with the Residential Development and applicable approvals. The CITY shall continue to process permits, inspections, plats, and approvals for the Residential Development notwithstanding approval or recording of the Park Severance Plat. The CITY shall not unreasonably withhold, condition, or delay approval of the Park Severance Plat if it substantially conforms to Exhibit "C" and applicable legal requirements specifically governing creation of the Park Parcel. DEVELOPER may reasonably adjust the Park Parcel boundaries to accommodate final engineering, utilities, drainage, access, grading, permitting, or field conditions, provided that a material reduction in the Park Parcel or material impairment of the Park Project shall require the CITY's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. The legal description shown on the recorded Park Severance Plat shall control over Exhibit "C". 7 SGR/82667552.2 14. After approval of the Park Severance Plat and Substantial Completion, and following correction of the material punch-list items required for safe public use and delivery of the closeout items expressly required by this AGREEMENT ("Final Completion"), DEVELOPER shall convey the Park Parcel to the CITY by limited warranty deed, deed of dedication, or other mutually acceptable instrument. The conveyance shall be subject to: (a) matters of record; (b) matters disclosed by a current survey or inspection; (c) applicable zoning, land use, building, environmental, and development regulations; (d) utility, drainage, access, maintenance, temporary construction, and other easements shown on the approved plat or approved plans or reasonably required for the Residential Development or Park Project; and (e) other matters approved by the CITY. Upon delivery of the conveyance instrument and approved plat, the CITY shall have thirty (30) days to complete the process necessary to accept the Park Parcel and Park Project ("CITY Acceptance") and own, maintain, and operate them in perpetuity as a public park for the general public. 15. If (a) the CITY fails to complete CITY Acceptance within thirty (30) days after Final Completion and DEVELOPER's tender of an executed conveyance instrument and recordable approved plat, (b) the CITY notifies DEVELOPER that the CITY is prohibited or otherwise legally unable to accept the Park Parcel or Park Project, or (c) the CITY notifies DEVELOPER that it is unwilling or declines to accept the Park Parcel or Park Project, then DEVELOPER may, by written notice to the CITY, elect to terminate the proposed conveyance and dedication. Upon such election, DEVELOPER or the then-owner of the Park Parcel may retain and operate the Park Parcel and any improvements thereon as a private amenity of the Residential Development, or use, modify, redevelop, sell, lease, convey, encumber, or otherwise dispose of the Park Parcel and improvements in the owner's discretion, subject only to applicable law, 8 SGR/82667552.2 recorded instruments, and governmental approvals generally applicable to the Property. Upon such election, the CITY shall have no ownership, dedication, acceptance, access, maintenance, operational, or other right or interest in the Park Parcel or Park Project, and DEVELOPER shall have no further obligation under this AGREEMENT to convey, dedicate, maintain, preserve, or operate the Park Parcel or Park Project for public-park purposes. Unless and until CITY Acceptance occurs, the Park Parcel shall not be open to or used by the general public. 16. From and after CITY Acceptance, the CITY shall be solely responsible for all obligations and liabilities related to the Park Parcel and Park Project, including ownership, possession, control, maintenance, repair, replacement, operation, management, programming, security, utilities, insurance, risk of loss, and public use; provided, however, the owner of the Residential Development shall have the right, but not the obligation, to undertake any maintenance, repair or replacement of the Park Project in the event the CITY fails to do so. For purposes of clarity, the exercise of the foregoing right by DEVELOPER shall not absolve or waive the CITY’s obligations pursuant to this Section 16. 17. DEVELOPER shall have no obligation after CITY Acceptance to maintain, repair, replace, operate, manage, inspect, secure, insure, program, fund, or otherwise support the Park Parcel or Park Project, except for claims arising from DEVELOPER's acts or omissions to the extent imposed by applicable law. 18. The CITY shall have no right to require DEVELOPER, any homeowners’ association, any property owners’ association, or any owner of property within the Residential Development to assume any maintenance, repair, replacement, operation, management, programming, utility, insurance, security, or funding obligation for the Park Parcel or Park Project after CITY Acceptance, unless such PARTY expressly agrees in a separate written instrument. 9 SGR/82667552.2 19. Except as otherwise stated herein, the Park Parcel and Park Project shall not be treated as private amenities of the Residential Development after conveyance to the CITY, but direct access from the Residential Development shall be allowed as reflected in the Park Design Documents. Any amenity, open space, recreational facility, or related improvement located outside the Park Parcel shall be a private amenity of the Residential Development and shall not be included in the Park Project or conveyed, dedicated, or otherwise made available to the CITY or the general public unless DEVELOPER expressly agrees otherwise in a separate written instrument. The CITY shall have no ownership, access, maintenance, repair, replacement, operation, management, programming, security, utility, insurance, or funding right or obligation with respect to any such private amenity. 20. No covenant, condition, plat note, permit condition, zoning condition, or other approval issued by the CITY shall impose post-acceptance maintenance or operational obligations for the Park Parcel or Park Project on DEVELOPER or the Residential Development unless DEVELOPER expressly agrees to such obligation in writing. 21. The Park Parcel shall remain closed to the public until Final Completion, conveyance of the Park Parcel, and CITY Acceptance. Thereafter, the Park Parcel shall be owned and controlled by the CITY and used as a public park, subject to CITY rules, ordinances, hours of operation, policies, and regulations applicable to CITY parks. 22. DEVELOPER shall bear ordinary construction risk for the Park Parcel and Park Project before CITY Acceptance, except to the extent caused by the CITY or third parties not under DEVELOPER's control. 23. From and after CITY Acceptance, the CITY shall have sole possession and control of the Park Parcel and Park Project and shall bear all risk of loss with respect thereto. 10 SGR/82667552.2 24. Before CITY Acceptance, DEVELOPER shall be responsible for claims, damages, and liabilities arising from DEVELOPER's construction of the Park Project solely to the extent caused by DEVELOPER or DEVELOPER's contractors, consultants, agents, or employees and imposed by applicable law. After CITY Acceptance, DEVELOPER shall not be responsible for claims, damages, or liabilities arising from ownership, maintenance, repair, operation, management, security, programming, or public use of the Park Parcel or Park Project, except to the extent caused by DEVELOPER's acts or omissions. To the fullest extent permitted by law, and for ten (10) years after CITY Acceptance, the CITY shall indemnify, hold harmless, and defend DEVELOPER and its officials, officers, employees, agents, successors, and assigns from liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees, to the extent arising from acts or omissions of the CITY or its agents, contractors, subcontractors, or employees, or from public use of the Park Parcel and Park Project. 25. Nothing in this AGREEMENT shall be construed as a waiver of any immunity, defense, limitation of liability, or other protection available to the DEVELOPER under Georgia law. 26. This AGREEMENT is for the sole benefit of the PARTIES and their permitted successors and assigns. Nothing in this AGREEMENT shall create any right, claim, remedy, or cause of action in favor of any third party. 27. All notices under this AGREEMENT shall be in writing and shall be deemed to have been given by delivering in-person, certified mail, or statutory overnight delivery to the following: For CITY: ____________ CITY Manager CITY of Stockbridge 11 SGR/82667552.2 ____________ ____________ For DEVELOPER: 28. __________ __________ __________ __________ __________ The failure of any PARTY to exercise any right given hereunder or to insist upon strict compliance with any term, condition or covenant specified herein shall not constitute a waiver of such PARTY’S right to exercise such right or to demand strict compliance thereafter 29. This AGREEMENT constitutes the entire AGREEMENT of the Parties concerning the Park Parcel and Park Project and no representation, inducement, promise or agreement, oral or written, not incorporated herein shall have any force or effect. Any amendment to this AGREEMENT shall be in writing and executed by the Parties. 30. The provisions of this AGREEMENT shall inure to the benefit of and bind the Parties and their permitted successors and assigns. Assignment and release of DEVELOPER shall be governed by the provisions above including but not limited to Paragraph 2, and CITY’s obligations shall inure to the benefit of each permitted assignee of DEVELOPER. 31. Time is of the essence with respect to this AGREEMENT. 32. This AGREEMENT and all amendments hereto shall be governed and construed under the laws of the State of Georgia and venue for any dispute arising from the AGREEMENT shall be in Henry County Superior Court, State of Georgia. 33. If any term, covenant or condition of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, such provision, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall be deemed severable, and the remainder hereof 12 SGR/82667552.2 shall not be affected thereby, and each term, covenant, or condition of this AGREEMENT shall be valid and be enforced to the fullest extent permitted by law. 34. This AGREEMENT may be executed in several counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument. 35. This AGREEMENT shall terminate: (a) automatically, if the approvals required for the Residential Development are denied, expire, are invalidated or are not issued in forms reasonably acceptable to DEVELOPER; (b) immediately following written notice from DEVELOPER to the CITY in the event DEVELOPER elects not to proceed with the Residential Development; or (c) immediately following written notice from DEVELOPER to the CITY in the event DEVELOPER elects, in its sole discretion, to pursue an alternative use or development of all or any parts of the Property, whether under the then-current zoning or pursuant to a rezoning or other governmental approval, in lieu of the Residential Development or Park Project as then contemplated. The PARTIES acknowledge that DEVELOPER expressly retains the right to make such election. Upon request following termination, the CITY shall execute recordable confirmation of termination. 13 SGR/82667552.2 IN WITNESS THEREOF, the Parties have set their hand and seal. ____________________________ CITY OF STOCKBRIDGE, GEORGIA ____________________________________ By: ____________________________________ By: ATTEST: ATTEST: ____________________________________ By: ____________________________________ By: 14 SGR/82667552.2 LIST OF EXHIBITS The following exhibits are referenced in the Development Agreement and should be completed, verified for consistency with the Agreement, and attached before execution. Exhibit A – Legal Description of the Property Contents: Complete legal description of the entire ± 13.07-acre Property. STATUS: TO BE ATTACHED. Exhibit B – Residential Development Plan Contents: Development plan for the Residential Development and general depiction of the approximate Park Parcel boundary. STATUS: TO BE ATTACHED. Exhibit C – Legal Description of the Park Parcel Contents: Legal description of the approximately 18,700-square-foot Park Parcel, subject to the controlling legal description shown on the recorded Park Severance Plat. STATUS: TO BE ATTACHED. Exhibit D – Enlarged Park Plan Contents: Enlarged plan depicting the general location, layout, and arrangement of the Park Improvements. STATUS: TO BE ATTACHED. Exhibit E – Park Improvements Schedule Contents: Required components, including the three-hole putting green, together with applicable quantities, approximate dimensions, materials, minimum standards, and express exclusions. STATUS: TO BE ATTACHED. Exhibit F – Representative Equipment Information Contents: Representative playground and other equipment information, illustrative only and subject to DEVELOPER’s modification and substitution rights under the AGREEMENT. STATUS: TO BE ATTACHED. 15 SGR/82667552.2 EXHIBIT “A” LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 64 of the 7th District of Henry County, Georgia and being 13.07 acres described and identified according to a plat of survey entitled "ALTA/NSPS LAND TITLE SURVEY FOR JODECO MESS KIT, LLC", dated April 9, 2021, revised May 19, 2021 prepared by Falcon Design Consultants, signed by Kevin Brown Georgia Registered Land Surveyor No. 2960, and recorded in Plat Book 60, Pages 231 & 232 in the office of the Clerk of Superior Court of Henry County, Georgia and being more particularly described according to the aforesaid plat as: TRACT 1 - 13.07 ACRES Reference is hereby made to said plat for all purposes of description and identification. Said property is Tax Parcel: 071-01025002 1 STOP SIGN (TYP.) N00° 37' 17"E 135.40' 2 10' PLANTING ZONE 5' BUILDING FRONTAGE ZONE BACK OF CURB 44 43 N89° 00' 25"W 231.07' 42 41 40 39 STOP BAR AND SIGN (TYP.) 38 37 36 35 3 3 63 47 N27° 49' 39"E 21.60' 20' FUTURE SETBACK AFTER PARK DEDICATION SEWER OUTFALL RE-ROUTE BEGINS HERE PRIVATE HOA AMENITY AREA W/ 30X40 POOL & CABANA 64 32 POCKET PARK 78 3,502 SF 62 46 33 N89° 00' 25"W 231.07' 5' FIRE PIT 61 45 34 79 65 48 31 6' PRIVACY FENCE 20' BUILDING SETBACK LINE NOT TO SCALE TYPICAL SETBACK LAYOUT ALONG PEACH DRIVE AND CAMPGROUND ROAD 10' PEDESTRIAN TRAVEL ZONE IS MEASURED FROM BACK OF CURB SIDEWALK 10' PEDESTRIAN TRAVEL ZONE 10' LANDSCAPE BUFFER 9° 06 '3 K J I H G F E D PEACH DRIVE C (VARIABLE PUBLIC RIGHT OF WAY) B N00° 18' 19"E 266.56' N00° 18' 19"E 266.56' 4 N3 9"W 86 4 20' BUILDING SETBACK PROPOSED DOG PARK 80 49 66 30 81 50 91 90 89 88 87 86 85 84 82 93 92 67 83 51 28 S83° 52' 33"W 95 94 29 81.65' 68 52 27 69 5 53 26 8 70 54 25 S87° 46' 25"E 440.14' GA POWER EASEMENT 5 N01° 05' 39"E 199.83' 103 98 20' BUILDING SETBACK 99 73 56 57 22 3 100 58 21 20 19 18 74 75 3 HOLE PUTTING GREEN PROPOSED PICKLE BALL COURTS 6 59 76 60 108 4 109 6 5 4 107 PROPOSED 50'x50' PLAYGROUND PASSIVE PARK S53° 26' 08"E 22.99' N53° 42' 48"W 23.05' 104 105 106 77 7 110 111 112 115 3 8 1 DETENTION POND #1 S87° 48' 00"E 428.79' 8 N73° 52' 54"W 14.97' 2 L=287.017 R=1255.120 118 119 120 117 116 114 113 7 121 122 123 124 9 16 17 10 15 8 11 12 14 4 10' BUFFER REPLANTED TO BUFFER STANDARDS S87° 48' 00"E 428.79' 10' UNDISTURBED BUFFER 13 7 20' BUILDING SETBACK LINE DETENTION POND #2 102 97 23 10' LANDSCAPE BUFFER L=200.175 R=1286.530 72 96 101 71 55 24 6 .04' 9 250. 93' S16° 13' 27"W 164.93' S16° 14' 25 "W 3 N00° 39' 53"E 269.10' 49"W 106 S08° 07' 2 CA (VA A 1 9 Y) This drawing is the property of Planners and Engineers Collaborative and is not to be copied in whole or in part. It is not to be used on any other project and is to be returned upon request. c Planners and Engineers Collaborative. J:\2024\2415400\De\_Plansheets\C3.00 - SITE PLAN - 24154.00.dwg - BMcCranie - 9/8/2026 1:57 PM 10 Callbefore you dig. Knowwhat'sbelow. R 24' 22' 12 16' 22' 5' BUILDING FRONTAGE ZONE 10' PLANTING ZONE 10' PEDESTRIAN TRAVEL ZONE CAMPGROUND ROAD BACK OF CURB NOT TO SCALE CITY OF STOCKBRIDGE 10 LOTS 124 UNITS (9.49 UPA) TOTAL SINGLE FAMILY DETACHED LOTS TOTAL UNITS/ DENSITY 8 FEET (4 FEET SIDE SETBACK ON EACH LOT) 85% MAX IMPERVIOUS COVERAGE 10 FEET WHICH BEGINS AT BACK OF CURB 5 FEET WHICH BEGINS AT THE END OF THE PLANTING ZONE PEDESTRIAN TRAVEL ZONE BUILDING FRONTAGE ZONE 22 SPACES PROPOSED GUEST PARKING 33' 4' INTERIOR ROAD SITE MAP C3.02 C3.01 NOT TO SCALE 12 13 14 15. ALL REQUIRED TRAFFIC SIGNAGE MUST MEET MUTCD STANDARDS. 15 14. THERE ARE NO KNOWN WETLANDS ON SITE PER THE NATIONAL WETLANDS INVENTORY MAP. 13. OPEN BURNING OR BURY PITS ARE NOT ALLOWED. 12. ALL TEMPORARY AND PERMANENT SIGNS SHALL BE PERMITTED SEPARATELY. 11. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATION INCLUDING BUT NOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS AND POLES, ETC., GOVERNING AUTHORITIES SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. 10. SITE WORK CONTRACTOR IS RESPONSIBLE FOR WORK TO WITHIN 5' OF THE BUILDINGS. SITE CONTRACTOR SHALL FURNISH "AS-BUILT" DRAWINGS INDICATING ALL CHANGES AND DEVIATIONS. CONTRACTOR SHALL OBTAIN ALL PERMITS BEFORE CONSTRUCTION BEGINS. BUILDING DIMENSIONS SHOWN ON THIS PLAN ARE SCHEMATIC IN NATURE. SEE ARCHITECTURAL PLANS FOR ACTUAL DIMENSIONS. 8. 9. EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED REMOVED, OR RELOCATED AS NECESSARY. 6. ALL WORK AND MATERIALS SHALL COMPLY WITH THE CITY OF STOCKBRIDGE, GEORGIA REGULATIONS AND CODES AND O.S.H.A. STANDARDS. INSTALLATION OF SIDEWALK ALONG PUBLIC RIGHT-OF-WAY SHALL BE IN ACCORDANCE WITH REQUIREMENTS OF CITY OF STOCKBRIDGE CODE. SIDEWALKS AND CONCRETE CURB AND GUTTER SHALL CONFORM TO THE CITY OF STOCKBRIDGE STANDARD DETAILS. LOCATION OF SIDEWALKS AND SETBACKS ZONES AS SHOWN AS DETERMINED BY PLANNING DEPARTMENT. 7. 5. 4. PRIOR TO THE DEDICATION AND ACCEPTANCE OF SANITARY SEWER, STORM SEWER OR STREET INFRASTRUCTURE TO THE CITY OF STOCKBRIDGE, "AS-BUILT" DRAWINGS AND 3-YEAR MAINTENANCE BONDS ARE REQUIRED. THE STREET CONSTRUCTION SHALL DEMONSTRATE ADEQUATE COMPACTION WITH PROFESSIONAL TESTING AND REPORTS PREPARED BY A GEORGIA REGISTERED PROFESSIONAL CIVIL ENGINEER. THE SANITARY SEWER INSTALLATION SHALL INCLUDE AN INTERNAL TELEVISION INSPECTION, A SUCCESSFUL MANDRELL PULL AND SUCCESSFUL LEAK-DOWN PRESSURE TEST. 3. ALL STRIPING AND ARROWS TO MEET GEORGIA DOT STANDARDS. AT ALL POINTS ALONG THE PUBLIC RIGHT OF WAY WHERE THE EXISTING CURB HEIGHT IS LESS THAN 5 INCHES HIGH, THE EXISTING CURB SHALL BE REMOVED AND REPLACED OR RESET TO MINIMUM CITY OF STOCKBRIDGE REQUIREMENTS AND THE SIDEWALK REPLACED. 2. 1. SITE NOTES: 270 SPACES 248 SPACES PROPOSED RESIDENT PARKING (2 SPACES PER UNIT) 25' TOTAL PARKING PROVIDED 248 SPACES REQUIRED RESIDENT PARKING (2 SPACES PER UNIT) 20 FEET, EXCLUDING UNITS 43-44, WHICH ARE MINIMUM 18 FEET INTERIOR ROAD - MINIMUM DRIVEWAY DISTANCE FROM SIDEWALK TO GARAGE FACADE OF BUILDING (AT GARAGE) INTERIOR ROAD PARKING REQUIREMENTS 3.22 FEET 20.8% (2.72 ACRES) MINIMUM DISTANCE BUILDING TO INTERIOR ROAD RIGHT-OF-WAY LINE (EXCLUDES ROAD PARALLEL TO GARAGE FACADE) DEVELOPMENT STANDARDS FOR BUILDINGS ADJACENT TO INTERIOR ROADS OPEN SPACE PROPOSED REQUIRED OPEN SPACE 20% (2.61 ACRES) 82.1% (10.73 ACRES) PROPOSED IMPERVIOUS COVERAGE OPEN SPACE CALCULATIONS 85% (11.11 ACRES) MAX. IMPERVIOUS COVERAGE IMPERVIOUS AREA 10 FEET WHICH BEGINS AT THE END OF THE PEDESTRIAN TRAVEL ZONE PLANTING ZONE REQUIRED SETBACKS ALONG CAMPGROUND ROAD AND PEACH DRIVE FRONTAGE (PER OVERLAY DISTRICTS) 10 FEET LANDSCAPE BUFFER LANDSCAPE BUFFER TO 48 PEACH DRIVE, PARCEL ID 071A01004000 6' PRIVACY FENCE WITH NO BUFFERS DUE TO POWER LINE 10 FEET LANDSCAPE BUFFER WESTERN PROPERTY LINE ADJOINING HOSPICE LOCATED AT 138 PEACH DRIVE, PARCEL ID 071-01026000 NORTHERN PROPERTY LINE ADJOINING HOSPICE LOCATED AT 138 PEACH DRIVE, PARCEL ID 071-01026000 10 FOOT UNDISTURBED BUFFER AND 10 FOOT BUFFER REPLANTED TO BUFFER STANDARDS NORTHERN PROPERTY LINE ADJOINING WINSLOW AT EAGLE'S LANDING S/D BUILDING SETBACK TO ADJACENT PROPERTIES 20 FEET 20 FEET TOWNHOMES TO TOWNHOMES SITE PERIMETER REQUIREMENTS (EXCLUDING CAMPGROUND ROAD AND PEACH DRIVE) SINGLE FAMILY DETACHED TO SINGLE FAMILY DETACHED BUILDING TO BUILDING SETBACKS 114 UNITS TOTAL TOWNHOME UNITS USE CALCULATIONS PUD IN PMU OVERLAY DISTRICT ZONING JURISDICTION 13.071 ACRES 15 ZONING ZONING SITE AREA 14 5' BUILDING FRONTAGE ZONE 10' PLANTING ZONE TYPICAL SINGLE FAMILY DETACHED 11 13 SITE DATA: 10' PEDESTRIAN TRAVEL ZONE BACK OF CURB PEACH DRIVE NOT TO SCALE TYPICAL REAR LOADED TOWNHOME PEACH DRIVE RIGHT-OF-WAY www.Georgia811.com 11 50' TYPICAL FRONT LOADED TOWNHOMES CAMPGROUND ROAD RIGHT-OF-WAY 10 50' N00° 39' 53"E 269.10' MPG R R IA B LE P OUND UBL IC R ROAD IGH TO FW A 50' 50' .5 4' JODECO CAMPGROUND VILLAGE, LLC DATE 02-19-2026 05-26-2026 07-21-2026 09-08-2026 BY BM BM BM BM DESCRIPTION 1ST LDP SUBMITTAL 2ND LDP SUBMITTAL 3RD LDP SUBMITTAL 4TH LDP SUBMITTAL 30 60 GEORGIA WEST ZONE GRID NORTH SCALE: DATE: PROJECT: 0 180 SHEET C3.00 1" = 60' 09/08/2026 24154.00A 120 MASTER SITE PLAN GSWCC LEVEL II DESIGN PROFESSIONAL CERTIFICATION # 0000066476 EXP. 06/27/2027 2027 09/08/ THIS SEAL IS ONLY VALID IF COUNTER SIGNED AND DATED WITH AN ORIGINAL SIGNATURE. NO. -1 -2 -3 -4 REVISIONS 194 PEPPERTREE CROSSING AVE BRUNSWICK, GA 31525 P: 404-219-5559 FOR 108 PEACH DRIVE MCDONOUGH, GA 30253 AT A MASTER PLANNED RESIDENTIAL DEVELOPMENT PEACH DRIVE @ CAMPGROUND ROAD PROJECT 350 RESEARCH COURT STE 200 PEACHTREE CORNERS, GA 30092 ARBORISTS + SURVEYING & CONSTRUCTION + WATER RESOURCES LAND PLANNING + LANDSCAPE ARCHITECTURE + CIVIL ENGINEERING Planners & Engineers Collaborative+ WWW.PEC.PLUS P: (770) 451-2741 F: (770) 451-3915 EXHIBIT "C” PARK PARCEL LEGAL DESCRIPTION THE PARK PARCEL LEGAL DESCRIPTION IS BEING CREATED AND WILL BE PLACED HERE IN THE EXECUTABLE VERSION OF THIS DEVELOPMENT AGREEMENT EXHIBIT “E” Park Improvements Schedule 1. PLAYGROUND. – Superior Playgrounds Reference Number PS3-73775. 40 foot x 35 foot use zone with 8 inch depth of Play Safe Mulch and natural sod surround. 2. PICKLEBALL COURTS. (2) 44 x 20 foot unlit asphalt courts. Overall paved dimension 60 x 60 feet with 8 foot vinyl coated chain link perimeter fence and 1 gate. 3. PUTTING GREEN. Approximately 1250 SF, 3-hole Green Synlawn Precision Putt Putting Turf surface with natural sod surround. 4. DOG PARK. Approximately 1500 SF enclosed with 6 foot vinyl coated chain link perimeter fence and 1 gate with 4 inches of Play Safe Mulch and natural sod surround. 5. FENCING. Stephen’s Pipe and Steel Schedule 40 black vinyl chain link, 6 foot at Pickleball and 5 foot at Dog Park each with one gate. 6. BENCHES. Thepark and Facilities - Everest 6 foot Park Bench with Back in black metal. One each at PASSIVE PARK, PICKELBALL COURTS AND PLAYGROUND. 7. WASTE CANS. Thepark and Facilities – Executive Flare Top Receptacle with Door and Bonnet Lid in Black metal. 8. DOG WASTE STATION. Thepark and Facilities – Pet Waste Station with Sign. Model: 135-1003 Black. 9. PASSIVE PARK. Approximately 2000 SF with shade and ornamental trees, shrubs and sod per 10. Developer’s landscape architect’s plans. 11. WALKS. 3000 PSI concrete walk, 5 feet wide from Peach Drive to Campground Road. 12. LANDSCAPING, IRRIGATION AND LIGHTING. All areas outside of above program elements to be sodded with warm season turf grass with shrubs, ornamental and shade trees per Developers Landscape Architectural Plans. All Planted areas to be irrigated off separate PARK irrigation meter. Pathway lights to be installed along all sidewalks. STATE OF GEORGIA HENRY COUNTY CITY OF STOCKBRIDGE RESOLUTION NO. R26-____ A RESOLUTION OF THE MAYOR PRO TEM AND CITY COUNCIL OF THE CITY OF STOCKBRIDGE, GEORGIA AUTHORIZING THE ACCEPTANCE OF A PUBLIC PARK LOCATED ON CAMPGROUND ROAD; ACCEPTING THE CONVEYANCE OF REAL PROPERTY FOR PUBLIC PARK PURPOSES; AUTHORIZING MAYOR PRO TEM ELTON ALEXANDER TO EXECUTE ALL NECESSARY DOCUMENTS; AND FOR OTHER PURPOSES. WHEREAS, the City of Stockbridge ("City") is a municipal corporation duly organized and existing under the laws of the State of Georgia and is charged with providing public services, recreational opportunities, and public amenities for the benefit of its residents; and WHEREAS, as part of the approved development of the Jodeco Campground Village project, the developer has agreed to construct and convey a public park to the City of Stockbridge; and WHEREAS, the park property is located on Campground Road and is more particularly described in Exhibit A attached hereto (the "Park Property"); and WHEREAS, the Mayor Pro Tem and City Council find it to be in the best interest of the City to accept ownership of the Park Property and associated improvements and to authorize the conveyance of the Park Property to the City for public park purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR PRO TEM AND CITY COUNCIL OF THE CITY OF STOCKBRIDGE, GEORGIA, AS FOLLOWS: SECTION 1. ACCEPTANCE OF PARK PROPERTY. The City of Stockbridge hereby accepts the conveyance of the real property located on Campground Road and more particularly described in Exhibit A attached hereto, together with any improvements located thereon, for use as a public park and recreational facility. SECTION 2. AUTHORIZATION OF CONVEYANCE AND EXECUTION OF DOCUMENTS. Mayor Pro Tem Elton Alexander is hereby authorized to execute, and the City Clerk is hereby authorized to attest, all deeds, agreements, easements, affidavits, conveyance documents, and other instruments necessary or desirable to effectuate the conveyance and acceptance of the Park Property and any associated improvements, subject to review and approval by the City Attorney. SECTION 3. PARK USE AND MAINTENANCE. Upon completion of the conveyance and transfer of title, the City shall own, operate, and maintain the Park Property as a public park. SECTION 4. FURTHER ADMINISTRATIVE AUTHORITY. Mayor Pro Tem Elton Alexander, the City Manager, City Clerk, and City Attorney are hereby authorized to execute any additional documents and take such actions as may be necessary or desirable to carry out the intent of this Resolution. RESOLVED this ___ day of __________, 2026. CITY OF STOCKBRIDGE, GEORGIA ______________________________ Elton Alexander (Mayor Pro Tem) ATTEST: ______________________________ Cassandra Lester (Interim City Clerk) APPROVED AS TO FORM: ______________________________ Quinton G. Washington (City Attorney) OCTOBER 12, 2026 ✔ Ryan Anderson Community Development Consideration of a resolution authorizing the City of Stockbridge to accept the dedication and future conveyance of a public park to be located on Campground Road as part of the Jodeco Campground Village development. The approximately 18,700-square-foot park would include a playground, pickleball courts, dog park, putting green, passive recreation areas, landscaping, and pedestrian amenities for public use upon completion and City acceptance. As part of the development agreement between Jodeco Campground Village LLC and the City of Stockbridge, the developer has committed to constructing and conveying a public park parcel to the City upon completion of the required park improvements and satisfaction of the agreement's conditions. Acceptance of the park supports the City's recreational and open space goals by providing new public amenities along the Campground Road corridor and expanding recreational opportunities for residents and visitors. ✔ 0.00 ACCEPTANCE OF NEW CAMPGROUND ROAD PUBLIC PARK. APPROVAL. 10/12/2026 ✔ Chief Orrin Hamilton Police Department Request City Council consideration and approval for the purchase of five (5) black 2027 Ford Police Interceptor vehicles from Stivers Ford in Union City, for use by the Stockbridge Police Department, in the amount of $238,900.00, and vehicle upfitting from Alabama Upfitters in the amount of $119,661.20 to be funded from the Department Vehicle Account 100-32100-542500.The vehicles will be purchased as a turnkey solution, with the vehicle upfitting facilitated through Stivers Ford. The vehicles will be outfitted by Alabama Upfitters to meet the operational and equipment requirements of the Stockbridge Police Department and will be prepared for deployment within the Patrol Division. The Stockbridge Police Department is requesting the purchase of five (5) new 2027 Ford Police Interceptor vehicles to support the Department’s Patrol Division and maintain a reliable, safe, and adequately equipped patrol fleet. The additional vehicles will assist in addressing the operational needs of the Patrol Division and ensure officers have dependable vehicles to perform daily law enforcement and emergency response functions. The vehicles will be purchased as a turnkey solution, with the vehicle upfitting facilitated through Stivers Ford. Alabama Upfitters will complete the installation and outfitting of the vehicles to meet the operational, safety, and equipment requirements of the Stockbridge Police Department. This approach will allow the vehicles to be delivered fully equipped and ready for deployment within the Patrol Division. ✔ $358,561.20 ✔ Quotes were also obtained for the required vehicle upfitting from HG2 Emergency Lighting, Dana Safety Supply, Inc., and Fleet Tec. After reviewing the quotes received, Alabama Upfitters was determined to have submitted the lowest responsive bidders for the required upfitting services. For the vehicle purchase, quotes were obtained from Legacy Ford, Wade Ford, Allan Vigil Ford Lincoln, and Stivers Ford. The vendors solicited are State Contract holders, providing an established procurement option for the purchase of the 2027 Ford Police Interceptor vehicles. After comparing the quotes received, Stivers Ford provided the most affordable pricing, including pricing that was lower than the State Contract pricing available through the other participating vendors. Based on the pricing received and the overall turnkey purchasing approach, Stivers Ford is being recommended for the purchase of the five (5) vehicles. The purchase price for the five (5) vehicles is $238,900.00, which equates to $47,780.00 per vehicle. The vehicle upfitting will be completed by Alabama Upfitters at a cost of $23,932.24 per vehicle, for a combined vehicle and upfitting cost of $71,712.24 per vehicle. The purchase of these five vehicles will support the Department’s operational needs while providing Patrol officers with modern, reliable, and appropriately equipped vehicles. Staff recommends that City Council consider and approve the purchase of five (5) black 2027 Ford Police Interceptor vehicles from Stivers Ford in Union City, Georgia, including the associated turnkey upfitting services through Alabama Upfitters, facilitated by Stivers Ford, subject to the availability of appropriated funds and compliance with all applicable City procurement requirements. ALLAN VIGIL FORD-LINCOLN GOVERNMENT SALES 2027 Ford F150 (1/2 ton) Regular Cab, 6 Cyl, 4x2, SWB SWC #99999-SPD0000218-002 Equipment included in base price: 3.0L V6 ECOBOOST 5.0L STD 122" & 157" 10 Speed Automatic Transmission Factory Installed A/C AM-FM Radio 23gal Fuel Tank Power Steering/ABS Brakes Rear view back up camera Vinyl 40/20/40 Bench Seat Rubber Floor Covering Full Size Spare/ Step bumper Autolamp headlights Long bed 8' Power Windows, Locks & Mirrors Cruise control 245/70R all season tires Ford SYNC (Bluetooth) Base Price Options 5.0L V8 Flex Fuel engine 3.5L V6 EcoBoost engine** 36gal Ext. Range fuel tank 4X4 Option Skid Plates Super Cab (6.5 ft. bed) Crewcab 5.5 bed Crewcab 6.5 bed Tow/Haul PKG Trailer Brake Controller limited Slip axle RunningBoards 5" Spray in Bed Liner LT265/70R17C All Tertrain Daytime Running Lights Rear-Window Defroster XLT PKG Price 1,395.00 2,995.00 234.00 3,932.00 285.00 4,167.00 6,397.00 6,897.00 1,595.00 475.00 1,345.00 475.00 695.00 745.00 115.00 225.00 $6,775.00 Cloth Seating 1,025.00 360 Amber warning beacon Exterior Colors YZ Oxford White S8 Birch Sand CD Neptune Blue JS Iconic Silver UM Agate Black M7 Carbonized Gray FC Wild Green E4 Vermillion Red Interior Color Back-up Alarm Gray " Toolbox "Aluminum" " 595 " 595 Tailgate Step " " " Optional Equipment " 595 " 695 Base/Option Total FOB Allan Vigil Ford Delivery- see chart, $75 minimum ALLAN VIGIL FORD GOV'T SALES 6790 Mt. Zion Blvd Morrow, GA 30260 678-364-3121 678-364-3910 Fax $41,143.00 2,995 3,932 4,167 1,595 475 695 950.00 950 430.00 430 1,150.00 745.00 15,239 $56,382.00 State Discount $3,946.74 Sub Total $52,435.26 Delivery 75 Other vender Equipment Total Quanity 52,510.26 9 Total Contact person Agency Phone 472,592.34 Jeff Greenway City of Stockbridge 770-389-7900 October 12, 2026 ✔ ✔ Decius T. Aaron Public Works Council Consideration to approve the purchase of 3 2027 Ford F-150 4x4 trucks from Allan Vigil Ford in the amount of $157,305.78 under State Contract SWC#99999-SPD0000218-002. Funding source is SPLOST VI Account Number 321-42200-542200. Public Works is requesting Council's approval to purchase 3 2027 Ford F-150 4x4 trucks from Allan Vigil Ford to replace 3 vehicles that have exceeded there useful life. ✔ $157,305.78 ✔ The purchase of 3 2027 Ford F-150 4x4 trucks from Allan Vigil Ford. Public Works recommends approval.