REGULAR MONTHLY MEETING

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, November 6, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Michael Kendall present. Also present were County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doan

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Kendal

II. INVOCATION - Rev. Randy Valimon

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider approval of a Joint City/County Proclamation designating the week of November 17-23, 2000 as "Farm City Week" in Griffin and Spalding County, Georgia. Mr. Charlie Watts, Vice President of the Spalding County Farm Bureau was present to receive the Proclamation. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the following Proclamation was unanimously approved by a vote of 5-0

Proclamation

FARM -CITY WEEK

"Growing a Better Georgia"

WHEREAS, When Americans sit down to a meal each day, we sometimes take for granted the quality and variety of foods we eat. As we have moved further and further away from our agricultural heritage, we sometimes lose sight of the fact that our food does not just come from a store and that much of the clothing we wear began with plants grown in a field

WHEREAS, American agriculture plays a crucial role in strengthening our economy and providing food and fiber for people around the world. While producing an abundance of safe and affordable food and fiber, our farmers and ranchers also provide jobs in our community. On a national scale, more than 22 million people today work in the food and fiber system, including transporters and processors, wholesalers and retailers

WHEREAS, As we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital farm-city partnerships that have done so much to improve the quality of our lives. Rural and urban communities working together have made the most of our rich agricultural resources, while continuing to contribute to the health and well-being of our people and to the strength of our local and national economies

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County and the City Commissioners of the City of Griffin that November 17 through November 23, 2000 is hereby proclaimed as:

"FARM-CITY WEEK"

and we call upon all our citizens to acknowledge and celebrate the achievements of all those who produce an abundance of agricultural products that strengthen and enrich our community and our nation.

2. Consider approval of a Proclamation proclaiming the month of November as "Adoption Awareness Month in Spalding County". Ms. Jan Maddox, DFACS, was present to receive the Proclamation. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Proclamation was unanimously approved by a vote of 5-0.

Proclamatio

"Adoption Awareness Month

NOVEMBER 2000"

WHEREAS, Every child deserves to grow up in a loving, nurturing family; and

WHEREAS, Nearly 1,200 children in Georgia have no family to call their own because they have been abandoned, abused or neglected; and

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that the month of November 2000 is hereby proclaimed as

"ADOPTION AWARENESS MONTH IN SPALDING COUNTY"

And urge all citizens to recognize the families created by adoption and to remember our children who need permanent, loving homes.

V. PRESENTATION OF FINANCIAL STATEMENTS – n/a

VI. CITIZENS COMMENTS

1. Ron Peek, 600 Bailey Jester Road, desires to address the Commissioners regarding Pine Ridge Landfill. Mr. Ron Peek was not present to address the Commissioners.

VII. PUBLIC COMMENT

There was no one present who wished to address the Commissioners.

VIII. MINUTES

1. Consider approval of the minutes for the Extraordinary Session of October 16, 2000 and Public Hearing of October 26, 2000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the minutes were unanimously approved by a vote of 5-0.

IX. CONSENT AGENDA

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Items 1 and 2 on the Consent Agenda were unanimously approved by a vote of 5-0

1. Consider at second reading an amendment to the Spalding County Code relative to private utility location.

SPALDING COUNTY, GEORGIA

ORDINANCE NO. 2000-12

WHEREAS the Board of Commissioners of Spalding County recognizes a responsibility to promote the development of infrastructure; AND

WHEREAS the Board of Commissioners of Spalding County recognizes a responsibility to protect the health, welfare, and safety of the citizens of Spalding County;

THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SPALDING COUNTY, GEORGIA THAT THE CODE OF ORDINANCES IS HEREBY AMENDED AS FOLLOWS

Immediately following Section 5-1018 of Chapter 1, Part V of the Code of Ordinances of Spalding County, a new Section 5-1019 shall be inserted with the following verbiage:

Section 5-1019. Private Utilities Permitted.

The location of private utilities upon the public right-of-way shall be permitted, subject to the following conditions:

(a) No private utility locations upon the public right-of-way shall be allowed unless the proposed utility location is within a residential subdivision, as defined by Appendix IV of this Ordinance, and that said subdivision is governed by a Property Owners Association (POA) as defined under OCGA 44-3-220 et seq.

(b) No private utility locations upon the public right-of-way shall be permitted, unless a license is granted, by the Board of Commissioners. As a condition of such license, the applicant must agree in writing to hold the Board of Commissioners of Spalding County harmless for any damages and/or liability resulting from the presence of said private utility upon the public right-of-way.

(c) The granting of a license shall not convey any property interest in the county’s right-of-way whatsoever.

(d) The county may withdraw the license at will and upon doing so, the private utility will be removed in no more than 30 days.

All provisions of the Code of Ordinances in conflict with this Section are hereby repealed.

2. Consider second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:

     · Amendment to UDO-A-00-21: Appendix A. Subdivision Ordinance, Article 5—Revise development standards.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia under the Constitution and Laws of the State of Georgia is empowered by virtue of its police power to regulate the health, safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted as Appendix A thereto, the Subdivision Ordinance of Spalding County;

WHEREAS, the Board of Commissioners of Spalding County has determined that it is in the best interests of the citizens of Spalding County for certain text revisions and amendments to be made to the Subdivision Ordinance of Spalding County;

WHEREAS, such text amendments to the Subdivision Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on October 26, 2000, pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

WHEREAS, the Board of Commissioners of Spalding County, Georgia considered the proposed amendment, any and all alternate proposals or amendments, the report of the Spalding County Planning Commission and all data and evidence taken at the public hearing; and

WHEREAS, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Subdivision Ordinance of Spalding County, Georgia conforms with sound comprehensive planning principles and is of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

NOW THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the Subdivision Ordinance of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provision shall be deleted from the Subdivision Ordinance of Spalding County, Georgia: Article 5, entitled "Required Development Standards".

Section 2: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Article 5, entitled "Required Development Standards":

X. ARTICLE 5. REQUIRED DEVELOPMENT STANDARDS

Section 501: Development Standards in General.

A. Suitability of land: Land on which there is a danger to health, safety, or property must not be platted for residential use or other use that will continue or increase such danger, unless such hazards can be and are corrected. Examples of such conditions are as follows:

1. Land subject to flooding, improper drainage, or erosion.

2. Land with excessive slope or other physical constraints, which make it unsuitable for development.

B. Name of Subdivision: The name of the subdivision must have the approval of the Planning Commission. The name must not duplicate or closely approximate the name of an existing subdivision.

C. Access: Access to every subdivision must be provided over a public street, and every lot within a subdivision must be served by a publicly dedicated street or a private street meeting the standards of a public street and approved by the Planning Commission.

D. Conformance with Adopted Comprehensive Plan: Proposed subdivisions must conform with the adopted Spalding County Comprehensive Plan and development policies in effect at the time of submission to the Planning Commission. When features of the Spalding County Comprehensive Plan such as sites for schools, public buildings, parks, major streets, or other public uses are located in whole or in part in a proposed subdivision, such features must be either dedicated or reserved by the subdivider for acquisition within a reasonable time by the appropriate public agency.

E. Conformance with Details for the Construction Standard on Public Rights of Way and Easements: Proposed subdivisions must conform with specifications for construction as outlined in this Article and as illustrated in Appendix A: Standard Details for Construction in Public Rights of Way and Easements.

F. Green Space:

1. Minimum Requirement: Each residential development shall set aside and develop 10% of the total acreage of the development for recreation, common areas, and green space.

2. Unsuitable Reservations: Whenever the Planning Commission finds that a proposed reservation or dedication of land for public use is not suitable for such public use, it may require the rearrangement of lots to provide suitable land for public use.

G. Planned Developments: Planned developments are allowed as per Article 17 of the Spalding County UDO

H. Community Assets:  In all subdivisions due regard must be shown for all natural features such as large trees, water courses, historical sites, and similar community assets which will add attractiveness and value to the property if preserved.

Section 502: Development Standards for Streets. All streets established in the County after the effective date of this Ordinance must comply with the following development standards:

A. Continuation of Existing Streets: Wherever slope will permit, the arrangement of streets in a subdivision must provide for the alignment and continuation or projection of existing streets into adjoining areas. Existing streets must be continued at the same or greater width, but in no case less than the required width.

B. Street Names: Streets or roads that are extensions of or obviously in alignment with existing streets should have the same name as the existing street. The names of new streets and roads are subject to the approval of the Planning Commission and must not duplicate or be similar in sound to existing names--even if the suffix, street, avenue, drive, etc. is different.

C. Development Along Arterial Streets: Where a subdivision abuts or contains an arterial street (see Spalding County Comprehensive Plan for street classification plan), the Planning Commission may require a street approximately parallel to and on either side of the right of way of the arterial street to provide access to lots along the arterial street while avoiding direct driveway curb cuts on the arterial street. Such a street may either abut the arterial street or railroad right-of-way or be located a suitable distance away to allow an appropriate use of the intervening land with a non-access reservation along the arterial street and a buffer. In such cases, lots must have access only from the access street.

D. Intersections: The centerlines of no more than two (2) streets may intersect at any one point. Streets must be laid out so as to intersect as nearly as possible at right angles. No street may intersect at any other street at an angle of less than eighty (80) degrees. The angle of intersection is to be measured at the intersection of the street centerlines.

E. Offset Intersections (Street Jogs): Offset intersections with centerline offsets of less than 125 feet are not permitted.

E’. Acceleration/Deceleration Lane Requirements: Where any new, proposed street(s) will intersect an existing street or road, acceleration and deceleration lanes will be required as determined by the Spalding County Public Works Director. The Public Works Director shall consider, as a minimum, the number of lots in the proposed subdivision, safety conditions regarding the road intersection, and other relevant factors as defined by the Georgia Department of Transportation and the Spalding County Department of Public Works. If the new street will intersect a road in the State Highway System, a permit or letter of approval from DOT will be required before the approval of the preliminary plat. Examples are shown in Attachment A.

F. Dead-End Streets (Cul-de-Sacs): Local streets designed to have one end permanently closed must be provided with a turnaround at the closed end having a right of way of at least 120 feet in diameter. The paved area of the turnaround shall be an uninterrupted area of pavement at least eighty (80) feet in diameter.

G. Private Roads: No new private roads shall be permitted on and after the effective date of this Ordinance. No building permits for any construction shall be issued along such new private roads after the effective date of this article. No private roads in existence on the effective date of this article shall be extended except in compliance with the provisions of this Ordinance. Private roads in existence at the time of adoption of this article, and which are referred to in this article, are shown on a map, which by reference is incorporated herein; and such private roads are, as follows

1. Sykes Lake Road

2. Jones Drive

3. Brookbridge Airport Road

4. Huff Daland

5. Woolman Lane

6. Ellis Court

7. Paino Road

8. Cabin Creek Circle

9. Reserved

10. Turner Road (#A-00-15 – 07/17/00)

11. Ann Street Extension (#A-00-15 – 07/17/00)

12. Sockwell Road (#A-00-15 – 07/17/00)

13. Reserved

14. King's Ridge Road

15. Steele Circle

16. Steele Lane

17. Pile Line Road

18. Smoak Court

19. Enyo Road f/k/a Gainer Trail

20. Ira Drive

21. Alexia Drive

22. Sunset Strip (#A-00-15 – 07/17/00)

23. Why Road

24. Cemetery Road

25. Musgrove Extension

26. Pate Road

27. In and Out of the County Road a/k/a Troup Nine Road (#A-00-15 – 07/17/00)

28. Gary Bates Road

29. Back Acres Road

30. Warren Road

For acceptance into the county road system, the above-named roads shall be constructed to county specifications and conveyed to the county. (#A-00-15, 07/17/00)

H. Half Streets: Half streets are prohibited. Whenever a street is planned adjacent to the proposed subdivision tract boundary, the entire street right of way must be platted within the proposed subdivision.

I. Split-Level Streets: Streets which are constructed so as to have two traffic ways--each at a different level within the same right of way--must provide any additional right of way required by this Ordinance when cut and fill techniques have been used in the construction of the street.

J. Alleys: Alleys or service drives may be required at the rear of all lots used for one or two family residential, multi-family, commercial, or industrial developments.

K. Cul-de-sac: Development on cul-de-sac streets is discouraged. Streets should interconnect within a modified grid system. No cul-de-sac may exceed 300 linear feet.

L. Minimum Required Street Right-of-Way Width: The right of way is the perpendicular distance across a street from property line to property line. Minimum required street right of way is as follows:

1. Major Arterials:

In low density area 100 feet

In other areas 120 feet

2. Secondary Arterials:

In low density areas 80 feet

In other areas 100 feet

3. Collector Streets

a. Industrial, Commercial and Multi-Family Subdivisions:

i. 70 feet

ii. 60 feet with 15 feet utility easement on 

each side, if curb and 

gutter are not required pursuant to Section 502(P)(2).

b. Single-Family Residential Subdivisions

i. 60 feet

ii. 60 feet with 15 feet utility

easement on each side, if curb and gutter are not required pursuant to Section 502(P)(2).

4. Minor Streets:

a. 50 feet

b. 60 feet with 15 foot utility easement on each side, if curb and gutter are not required pursuant Section 502(P)(2)

5. Local Streets:

a. 50 feet

b. 60 feet with 15 foot utility easement on each side, if curb and gutter are not required pursuant Section 502(P)(2)

 

 

 

 

 

 

 

6. Cul-de-Sac Turnarounds (diameter):

Residential 120 feet

. Commercial and industrial 150 feet

M. Minimum Required Street Pavement Width with Curb and Gutter: Pavement width with curb and gutter is measured from back of curb to back of curb. Minimum required street pavement width with curb and gutter is as follows:

1. Major Arterials: (divided road) 52 feet

2. Secondary Arterials: 40 feet

3. Collector Streets:

Four lane and turning lane 64 feet

Two lane and turning lane 40 feet

4. Minor Streets: 26 feet

5. Local Streets: 26 feet

6. Cul-de-Sac Turnarounds (diameter):

Residential 80 feet

Commercial and Industrial 110 feet

N. Additional Right of Way for Cut and Fill: Where cut-and-fill techniques are to be used in the construction of a street, the right-of-way width must be increased above the required minimum three (3) feet for each one (1) foot of material removed for the cut or added for the fill. This additional right of way must be added to the side or sides where the cut or fill takes place. The maximum allowable degree of slope on a back slope is 2 to 1 (2:1), and on a fill slope the maximum allowable degree of slope is 3 to 1 (3:1).

O. Additional Right of Way on Existing Streets: In subdivisions that adjoin existing streets, the subdivider must dedicate additional right of way to meet stated minimum right-of-way requirements as follows:

1. Where any part of the subdivision is on both sides of the street, the entire right of way must be provided.

2. When the subdivision is located on one side of an existing street, one-half (1/2) of the required right of way measured from the centerline of the existing roadway must be provided.

P. Construction Standards for Streets: All streets, alleys, and service drives must be prepared and paved according to the following methods or by equivalent methods that are acceptable to the Board of Commissioners:

1. Subbase: The subbase course shall consist of placing subbase material in layers of maximum thickness of eight (8) inches of compacted material over subgrade surface to support a pavement base course. Specific standards for the subbase are as follows:

a. Satisfactory soil materials shall be those complying with ASTM D2487 soil classification groups GW, GP, GM, SM, SW and SP.

b. All subbase materials shall be compacted to a minimum 98% maximum density standard proctor (ASTM D698).

c. Where subbase material must be moisture conditioned before compaction, uniformly apply water to surface of subbase layer. Apply water in minimum quantity as necessary to prevent free water from appearing on surface. Remove and replace or scarify and air dry soil material that is too wet to permit compaction to specified density.

d. Provide quality control testing in accordance with ASTM D1556 (soil care method) or ASTM D2167 (rubber balloon method). Field density tests shall be performed at a rate of one test per 2000 square feet of paved area at varying depths as directed by the County Engineer. If, in the opinion of the County Engineer, based on testing service reports and inspection, subgrade or fills that have been placed are below specified density, contractor shall perform additional compaction and testing until specified density is achieved

2. Base: The base must consist of graded aggregate base having a minimum thickness after being thoroughly compacted as stipulated in the Roadway Classification Standards identified as Subsection P of this Section. The base must be constructed on a prepared subbase in accordance with these specifications and in conformity with the lines, grades, and typical cross section as shown in the approved construction plans. Specific standards for the base are as follows:

a. All materials must be of an approved type.

b. As soon as the base material has been spread and mixed, the base must be brought to the approximate line, grade, and cross section, and then rolled with a sheepsfoot roller until the roller walks out. Then the base material must be rolled with a pneumatic tire or general purpose roller until full thickness of the base course has been compacted thoroughly. Defects must be remedied as soon as they are discovered. A representative of Spalding County shall measure for proper thickness, line, grade and cross-section prior to placement of any prime coat application.

c. Base course shall be compacted to 100 percent maximum dry density.

d. The base course must be maintained under traffic and kept free from ruts, ridges, and dustings. It must be kept true to the approved cross section until it is primed.

e. Base material must not be deposited or shaped when subgrade conditions are freezing, thawing, or otherwise unfavorable for stability.

2. Pavement: Wearing surface must conform to mixes found suitable by the Georgia Department of Transportation. Wearing surface must be applied after a prime coat. Unless otherwise approved by the Administrative Officer, pavement must be constructed as follows:

a. The prime coat must be cut-back asphalt or cut-back asphalt emulsion applied on a clean, slightly damp surface in an amount of from 0.15 to 0.30 gallons per square yard, depending upon the nature and condition of the surface.

b. The tack coat must be cut-back asphalt or cut-back asphalt emulsion applied on a clean surface in an amount of from 0.15 to 0.30 gallons per square yard, depending upon the nature and condition of the surface.

c. The wearing surface must consist of an approved plant mix Type "E" prepared in a central plant and composed of aggregate and bituminous materials having an in-place minimum compacted thickness as described in Roadway Classification Standards identified in Subsection P of this Section.

d. The binder surface must consist of an approved plant mix, Type "B" modified, prepared in a central plant and composed of aggregate and bituminous materials having an in-place minimum compacted thickness as described in Roadway Classification Standards identified in Subsection P of this Section.

3. Seals: Care and caution must be taken that all points between such structures as manholes and curbs, and the surface mixture are well sealed.

 

Q. Roadway Classification Standards (All specifications to Georgia Department of Transportation unless otherwise indicated):

 

1.

SurfaceTapping 1 ½"Type"E" 1 ½ Type"E" 2"Type"E" 2"Type"E" 2"Type"E"

Tack Coat 0.20 Gal/S.Y. 0.20 Gal/S.Y. N/A N/A N/A

Binder 3" Type "B" Mod. 2" Type "B" Mod. N/A N/A N/A

Prime Coat 0.25 Gal/S.Y. 0.25 Gal/S.Y. 0.25 Gal/S.Y. 0.25 Gal/S.Y. 0.25 Gal/S.Y

Curb & Gutter L-Back L-Back Rolled-Back Rolled-Back Rolled-Back

Base Course 8" GAB 8" GAB 6" GAB 6" GAB 6" GAB

Max. Street Grade 5% 8% 10% 12% 12%

Max. Speed Design 55 45 35 25 25

Min. Street Grade 1-1/2% 1-1/2% 1-1/2% 1-1/2% 1-1/2%

Min. Horizontal Degree 1260 675 350 200 100

of Curvature

Tangents Between Per Ga. DOT 100 50 50 50

Horizontal Curves specifications

Visibility Requirements Per Ga. DOT 300 200 200 200

(Measured 3-1/2" above specifications

pavement level)

Min. Horizontal Midblock Per Ga. DOT 300 200 200 200

Visibility (Measured specifications

on Centerline)

2. Standards for Deletion of Curb and Gutter Requirements: The requirement of curb and gutter, as specified in Section 502(P)(1) may be deleted for construction of minor and local streets and cul-de-sac turnarounds, upon review and approval of the Spalding County Planning Commission, provided the proposed subdivision meets or exceeds the following criteria:

 

a. not withstanding cul-de-sacs, each and every lot, contained within the subdivision shall have a minimum road frontage of 150 feet

 

b. each and every lot contained within the subdivision shall have a minimum size equal to or exceeding one (1) acre

 

c. each and every lot within the subdivision shall be served by a driveway culvert with required sloped end sections, as shown on the subdivision development plans which must be designed to accommodate increases in waterflow based upon the downhill flow of water and downhill location of the culvert within the subdivision

 

d. the minimum front yard depth of each and every lot within the subdivision shall be determined from the road right of way

 

e. minimum ditch construction requirements shall meet or exceed those shown on the following grid, and shall be shown on construction drawings which show calculations of ditch flow evidencing the capacity of the proposed ditching to accommodate required waterflow and runoff (see attached exhibit "A"). Variance of this requirement, due to natural topography and hydrology, may be approved, subject to review by the county engineer and public works director, of appropriate plans and calculations.

 

f. the minimum building finished floor elevation exceed the maximum 100 years flow elevation of the designed ditches and water courses in the subdivision by a minimum of four (4) feet

 

g. the County Engineer or engineering professional retained by Spalding County for the purpose of conducting a review of the subdivision determines that there are no conditions at the subdivision site for which additional protection afforded by the presence of curbs and gutters should be required

R. Reserve Strips: Reserve strips designed as non-access reservations to control access to streets or other areas must be at least five (5) feet wide and must be dedicated to Spalding County.

S. Buffers: Buffers designed to separate incompatible land uses, in accordance with the provisions of the Spalding County Zoning Ordinance.

T. Grades: All street grades must conform to the Roadway Classification Standards identified in Subsection P of this Section.

U. Horizontal Curvature: The minimum radii or centerline curvature must conform to the Roadway Classification Standards identified in Subsection P of this Section.

V. Tangents: All tangents between reverse curves must conform to the Roadway Classification Standards identified in Subsection P of this Section.

W. Vertical Alignment: Vertical curve lengths must be at least ten (10) times the algebraic difference in grades, with the grades expressed in feet per hundred. No vertical curve shall be less than fifty (50) feet. All roads shall have a crown of one-fourth (1/4) inch per foot except where super-elevation prevails.

1. In approaches to intersections, there shall be a suitable leveling of the street at a grade not exceeding two (2) percent for a distance of not less than fifty (50) feet, exclusive of any portion of a vertical curve, for local and minor streets, and one hundred (100) feet, exclusive of any portion of a vertical curve, for collector streets, from the nearest line of the intersecting street and as directed for arterial streets by standards set forth by the Georgia Department of Transportation.

X. Curb-line Radii: At street intersections, property lines must be rounded with a curb radius of twenty-five (25) feet. However, in situations where the angle of intersection of two streets is less than 90 degrees, the planning commission may permit comparable cut-offs in chords in place of rounded corners.

Y. Right-of-way Radius: The right-of-way radius at street intersections must parallel the curb line radius.

Z. Steep Slope Development: Street design and construction in areas of steep slopes are subject to variance from the development standards contained in this Ordinance if deemed by the Planning Commission to be necessary to carry out the intent and purpose of this Ordinance and if so ordered by the Planning Commission. If such a variance is ordered, the Administrative Officer will establish appropriate design and construction standards on an individual basis.

AA. Grading: All streets, roads, and alleys must be graded by the developer in such a manner that pavements and other improvements (sidewalks and curb and gutter, if provided or required) can be constructed to the required cross section. The minimum width of grading must be the pavement width as specified in this Ordinance plus six (6) feet on each side measured from the back of curb or pavement edge. Deviation from the above will be allowed only when due to special topographical (slope) conditions.

1. Preparation: Before grading is started, the entire right-of-way area must be first cleared of all stumps, roots, brush, other objectionable materials, and trees not intended for preservation.

2. Cuts: All tree stumps, boulders, and other obstructions must be removed below the subgrade. Rock, when encountered, must be scarified (broken up and loosened) to a depth of twelve (12) inches below the subgrade.

3. Fill: All suitable material from roadway cuts may be used in the construction of fills, approaches, or at other places as needed. Excess materials, including organic materials, soft clay, etc., must be removed from the roadway. The fill must be spread in layers no more than eight (8) inches thick and compacted. The filling of utility trenches and other places not accessible to the roller must be mechanically tamped and compaction requirements met for subgrade materials.

4. Subgrade: The subgrade must be properly shaped, rolled, and uniformly compacted to conform with the lines, grades, and typical cross sections as shown on required drawings and approved by the Administrative Officer. Unsuitable material must be excavated and replaced with acceptable compacted material.

BB. Sidewalks: In residential developments in which the majority of lots do not exceed twenty thousand (20,000) square feet in size, sidewalks shall be required along both sides of all interior streets within the development. In residential developments in which the majority of lots are between twenty thousand (20,000) square feet and one (1) acre in size, sidewalks shall be required on at least one side of all interior streets within the development. Sidewalks may be required by the Board of Commissioners where it is determined that safe and convenient pedestrian movement are essential. Common examples of such situations are school sites, commercial areas, places of public assembly, or across unusually long blocks. Required sidewalks or those installed at the option of the subdivider must meet the following development standards:

1. They must be at least three (3) feet wide.

2. They must not be placed immediately adjacent to street curbs.

3. They must otherwise be installed according to required construction plans as approved by the Administrative Officer.

CC. Street Name Signs: Street name signs must be installed at intersections within a subdivision. The location and design of such signs must be approved by the Administrative Officer.

DD. Street Trees: The planting of street trees is not required. However, the subdivider is encouraged to plant trees along the street to enhance the appearance of the subdivision. Such trees, if planted on a street right-of-way, must be planted in a manner to insure that there will be no conflict with utility lines either above or below the ground surface.

EE. Sight Distance: Within 30 feet of the pavement edge, plants cannot be of a type which will exceed a height of 30 inches at maturity and/or a trunk diameter of 4 inches. There may be some flexibility in regard to the maximum trunk diameter when protected by a guardrail or some other suitable type barrier beyond 30 feet from pavement edge. Almost any type of planted vegetation is permissible.

Section 503: Development Standards for Lots. All lots established in Spalding County after the effective date of this Ordinance must comply with the development standards contained in this section. However, where provisions of the Spalding County Zoning Ordinance apply and are more restrictive, those provisions take precedence. Development standards for lots are as follows:

A. Lot Lines: As far as practical, side lot lines must be perpendicular or radial to street lines.

B. Jurisdictional Limits and Lot Lines: Lots must not be divided by city or county boundary lines.

C. Lot Frontage Arrangements: Lots must be subdivided in a manner that provides that each lot shall abut an existing public street or an approved street contained within the proposed subdivision with minimum frontage width as required by the development standards for the zoning district in which the subdivision is located.

D. Adequate Building Sites: Each lot must contain an adequate building site not subject to flooding and outside the limits of existing easements or building setback lines required by this Ordinance or any existing ordinance as is appropriate.

E. Panhandle or Flag Lots: Any lot for which the frontage width is less than the minimum required in the applicable zoning district. Flag or panhandle lots are prohibited.

F. Double or Reverse Frontage Lots: Double and reverse frontage, unless required by the Planning Commission, are prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of slope, orientation, or property size. A reserve strip planted with a vegetative screen across which there is no right of access may be required along the line of lots abutting such a traffic artery or other incompatible use.

G. Commercial and Industrial Lots: Size, shape, and arrangement of commercial and industrial lots, where platted and classified as a subdivision, are subject to the approval of the Planning Commission. Where public water and/or sewage are not available, minimum lot size and minimum coverage will be based on lot area needed for proper sewage disposal and/or water supply. However, the building setback must be at least fifteen (15) feet from the front property line of the lot, regardless of the classification of the street. Within this setback, no permanent surface structures or facilities are allowed to be constructed.

H. Lot Remnants: Lot remnants are prohibited. Such remnant areas must be added to adjacent lots, rather than remain as unusable parcels.

I. Monuments: Solid steel rods at least one-half (1/2) inch in diameter or square and two (2) feet long, must be set at all street corners, at all points where street lines intersect the exterior boundaries of the subdivision, at angle points in streets, at points of curve in streets, and at points of change of direction in the exterior boundaries of the subdivision. The top of the monument must have an indented cross to identify the finished grade. All other lot corners must be marked with solid steel rods no less than 1/2 inch in diameter, and at least two (2) feet long, driven so as to be flush with the finished grade.

J. Driveway Requirements: Every lot shall be served by a driveway which meets the following criteria: (#A-00-14 – 07/17/00)

For lots with structures located less than 100 feet from the right-of-way of the street from which lot access is obtained, the driveway shall be paved and shall include a paved turn around area.

For lots with structures located more than 100 feet from the right-of-way of the street from which lot access is obtained, the driveway shall be improved and shall include a designated turn around area.

K. Screening. Single-family and Two-Family residential lots abutting in the rear, which do not have natural screening in place along the rear property line, shall plant trees/vegetation or install an opaque fence in order to provide an adequate visual screen. Should the layout of the terrain be such that enforcement of this requirement would not provide adequate screening, an administrative variance from this requirement may be granted by the Administrative Officer. Approval of the variance may be granted subject to a written request.

L. Sodded Front Yards: All development within a subdivision in which the front setback has been reduced to fifty (50) feet, will require sodded front yards. Side yards on double frontage lots must be sodded a minimum distance of ten (10) feet from the curb. When this option has been chosen, each lot within the subdivision, irrespective of the setback, must be sodded.

M. Driveways: No driveways shall be permitted along existing road frontage. All development shall be accessed through driveways permitted on the interior streets. All driveways must be paved.

Section 504: Development Standards for Utility Installations.

A. Utility Easements: When it is found to be necessary and desirable to locate public utility lines in other than street right of ways, easements must be shown on the plat for such purposes. Such easements must not be less than twenty (20) feet wide and, where possible, must be centered on rear or side lot lines. All utility easements shall comply with the minimum standards as specified by the utility provider.

B. Installation of Utilities: No overhead utilities shall be permitted, except on a temporary basis as may be required for construction. Any such line must be immediately removed upon completion of construction. After grading is completed and approved and before any base is applied, all of the underground work within the street right-of-way--water mains, gas mains, etc.--must be installed completely and approved throughout the length of the road and across the flat section. At the same time, all service connections must be stubbed out to each lot.

C. Street Lighting: Street lighting will be installed and maintained as required in Part IV, Chapter 6, entitled "Street Light Districts" of the Code of Spalding County, Georgia.

D. Water Supply Systems:

1. Public Water System: If a public water supply is available to a proposed subdivision and connection to it is permitted, water mains, fire hydrants, and stub connections to each lot within the subdivision must be provided as shown on approved construction plans.

2. Community Water Supply System: If a public water supply is not available, the subdivider may install a community water system developed according to plans and specifications shown on the approved construction plans and approved by the Environmental Protection Division of the Georgia Department of Natural Resources.

3. Individual Water Supply: When a public water supply is not available and a community water system is not proposed by the subdivider, the subdivider must carefully consider the capability and suitability of the general area of the subdivision to support individual water supplies. Such proposed water supplies must be approved by the Spalding County Health Department. The County must consider the recommendation of the Spalding County Health Department regarding any proposed private water supplies in considering approval of a plat.

D. Sanitary Sewer Disposal Systems:

1. Public Sewage System: If a public sewage system is available to a proposed subdivision and connection to it is permitted, sewage mains, and stub connections to each lot within the subdivision must be provided as shown on approved construction plans.

2. Community Sewage System: If a public sewage system is not available, the subdivider may install a community sewage system developed according to plans and specifications shown on the approved construction plans and approved by the Environmental Protection Division of the Georgia Department of Natural Resources.

3. Individual Sewage System: When a public sewage system is not available and a community sewage system is not proposed by the subdivider, the subdivider must carefully consider the capability and suitability of the general area of the subdivision to support individual sewage systems (septic tanks). Such proposed sewage system must be approved by the Spalding County Health Department. The County must consider the recommendation of the Spalding County Health Department regarding any proposed private sewage systems in considering approval of a plat.

Section 505: Development Standards for Drainage Facilities.

A. Watercourse and Drainage Easements: Where a proposed subdivision is traversed by a watercourse, drainageway, or stream, appropriate provisions must be made to accommodate stormwater and drainage through and from the proposed subdivision. Such an easement must conform substantially with the lines of the watercourse and be wide enough and of adequate construction to be satisfactory for the purpose.

B. Storm Drainage:

1. Locations, calculations (pipe size, velocity, grade, drainage area, quantity of runoff) and profiles for all drainage structures.

2. Sizing of storm drainage piping shall be based on a one hundred (100) year frequency storm.

3. In cases where the developer chooses not to develop the land through which the drain runs, then the trench may be left open; however, in any case, an easement of twenty (20) feet shall be shown on the plat and no building or driveway shall be built over or within forty (40) feet of the open drainage easement. No building permit will be approved unless the installation meets the requirements of the County.

4. When the developer chooses to leave the drain open and the drain is crossed by a driveway, size of the pipe shall be determined by the engineer designing the subdivision, and no building permit will be approved unless the installation meets the requirements of the County.

5. Storm drainage shall extend at least thirty (30) feet beyond the minimum required front yard setback.

6. Detention ponds shall be designed for the two, five, ten, twenty-five, fifty and one hundred year storms. "Bowstring Method" is not an acceptable method for sizing of detention facilities. (#A-00-06 - 07/17/00) Detention is required on storm frequencies of 2, 5, 10, 25, 50 and 100 years. No additional runoff will be allowed over the predeveloped rate. All detention facilities shall be fenced with a cyclone fence a minimum of six (6) feet in height. Potential access to detention facilities shall be provided by means of a fifteen (15) foot minimum width fence gate, latched and locked five (5) or more feet above grade, a fifteen (15) foot minimum width easement to a public right of way. (A-99-05, 05/04/99)

7. The pre-developed "C" value shall be a maximum of 0.30 for all sites.

8. The "C" values for designing detention facilities are as follows:

 

a. Maximum natural = 0.30

b. Landscaped = 0.55 (lawns, islands, etc.)

c. Impervious = 0.95

 

C. Detention Facility Maintenance:

 

1. The stormwater detention storage capacity or function of any detention basin, pond or other impoundment, whether natural or manmade, shall not be removed or diminished without the express approval of the County.

 

2. It shall be the responsibility of the property owner to maintain the operational characteristics of any stormwater detention facility constructed on their property pursuant to the requirements of this Ordinance and/or any other regulation enacted by Spalding County for such purpose, and to maintain the detention facility free of obstruction, silt or debris.

 

3. A certified record survey of each detention facility shall be prepared by a Land Surveyor currently registered in the State of Georgia. A certified record drawing of the facility shall be prepared based upon the survey. Based on the actual parameters established on the record drawing, an addendum to the Stormwater Management Report shall be prepared which demonstrates that the facility, as constructed, complies with the requirements of this Ordinance and/or any other regulation enacted by Spalding County for such purpose. The amended Stormwater Management Report shall be certified by a Professional Engineer currently registered in the State of Georgia, in accordance with the provisions of Georgia law. Such certification shall substantially comply with the following form:

 

 

Detention Pond Certification Form

 

Date:

To: SPALDING COUNTY BUILDING INSPECTION DEPARTMENT

 

Project Name:

Designed Storage Volume:

As Built Storage Volume:

(Provide 8 1/2 x 11 drawing of designed outlet structure and as built outlet structure.)

By placing my professional stamp and signature hereon, I certify that this detention pond is constructed according to the approved design on file with Spalding County and on record at the Spalding County Building Inspection Department. I further certify that all the drainage area designed to drain to this pond in fact does drain to said pond and the outflow from the pond is equal to or less than the maximum allowable outflow for the 10 and 100 year storm events. Calculations to determine the as-built storage volume shall be maintained by me and provided to Spalding County in the event they are needed by Spalding County to verify this volume capacity.

 

Signature

Seal

 

Section 506: Surety for Completion of Improvements.

A. When Allowed: Instead of completing required improvements in a subdivision before seeking approval of the Final Plat, the subdivider may provide surety for completion of such improvements and proceed with submitting a Final Plat to the Board of Commissioners for approval. The must then complete the required improvements within the period of performance specified by the government authority or forfeit the surety.

B. Requirements: To assure the construction and installation of required improvements, the subdivider must deliver to the appropriate government authority a certified check, letter of credit, cash escrow, bond, or other acceptable surety--whichever is specified by Spalding County--in the amount estimated by government authority to be one hundred and twenty percent (120%) of the total cost of the construction and installation of the required improvements which are the responsibility of the subdivider.

C. Conditions: Bonds posted or other surety provided must run to the government authority having jurisdiction over the required improvements for which surety is made. The surety must provide that the subdivider, his heirs, successors, agents, and servants will comply with all applicable terms, conditions, provisions, and requirements of these regulations, and with other laws, regulations, and requirements as specified by the appropriate government authority. If bond is offered, it must be executed by a surety and guaranty company qualified to transact business in the State of Georgia.

D. Duration and Release: Bonds posted or other surety provided pursuant to these regulations must be released, returned, or otherwise disposed of by the holder at the time facilities guaranteed have been installed and approved. Approval will be in writing and accurately describe the improvements covered. Facilities will not be accepted or approved unless they conform to the specifications and requirements of these regulations and the government authority.

E. Default: The subdivider will be in default of the surety if the construction or installation of any improvements or facilities by the subdivider, for which the bond is posted or other surety is provided, is not completed within the period of performance specified by the public authority at the time the surety is provided or is not completed in accordance with applicable specifications and requirements of the appropriate authority. In such situations, the government authority may complete the construction or installation using the proceeds from the surety deposits to pay for the work. Such work may be done under contract or by the local government authority. It will be completed within six (6) months after the date that the offending construction or installation was determined to be in violation of this Ordinance. Any portion of the surety deposit not used by the government authority will be turned to the person making the deposit.

F. Save and Hold Harmless: Subdivider will execute a release and hold harmless agreement, in a form as required by the Board of Commissioners, by which the subdivider agrees to save and hold the County harmless in the event of any future discovery of environmental conditions that were in existence at the time of the adoption of this Ordinance and/or which existed at the time of the subdivision for which any legal action is instituted or for which any clean-up is ordered by an appropriate governmental agency.

G. Certification of Receipt for Surety for Required Improvements: A certificate or statement of receipt of surety by the government authority having jurisdiction will be inscribed on or attached to the Final Plat and executed by the appropriate government authority for the required improvement(s) for which separate surety is provided.

 

Section 3: The foregoing amendments of the Subdivision Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

· Amendment to UDO-A-00-22: Article 17, Planned Development District—add provision for district and Article 2. Definition of Terms Used—add provision for definitions relating to Planned Development.

 

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia under the Constitution and Laws of the State of Georgia is empowered by virtue of its police power to regulate the health, safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted the Official Zoning Map of Spalding County, Georgia, in Article 23, Section 2301, et. seq.;

WHEREAS, the Board of Commissioners of Spalding County have determined that it is in the best interests of the citizens of Spalding County for certain text revisions and amendments to be made to the Zoning Ordinance of Spalding County;

WHEREAS, such text amendments to the Zoning Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on October 26, 2000, pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

WHEREAS, the Board of Commissioners of Spalding County, Georgia considered the proposed amendment, any and all alternate proposals or amendments, the report of the Spalding County Planning Commission and all data and evidence taken at the public hearing; and

WHEREAS, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Zoning Ordinance of Spalding County, Georgia and an amendment to the Official Zoning Map of Spalding County, Georgia is in conformance with the Spalding County Comprehensive Plan and sound comprehensive planning principles and of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

NOW THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the Zoning Ordinance of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provisions shall be added to the Zoning Ordinance of Spalding County, Georgia, Article 2, entitled "Definitions of Terms Used" to appear as Sections 202(XX’), 202(XX’’), 202(ZZ’), 202(ZZ’’), 202(BBB’), 202(BBB’’), 202(BBB³), 202(BBB⁴), and BBB⁵):

ARTICLE 2. DEFINITIONS OF TERMS USED

Section 202: General Definitions.

XX’. Master Development Plan: A written and graphic submission for a planned 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 Planned Development district.

XX’’. Net Buildable Area: The net buildable area is calculated by subtracting the floodplain and wetland acreage from the total project tract acreage. The resulting acreage is the net buildable area.

ZZ’. Open Space: Undeveloped land set aside permanently for common use. Conventional swimming pools, tennis courts, and associated parking areas are not considered open space for the purposes of this ordinance. Open space may include trails, picnic areas, park, gazebos, etc…

ZZ’’. Overall Development Density: Overall development density is calculated by dividing the net buildable area by the total number of proposed building lots.

BBB’. Planned Industrial Development: An area within a planned development project designed for industrial uses with streets, utilities and common architectural controls regulated by a master development plan and restrictive covenants.

BBB’’. Planned Neighborhood Development: An area that encourages the coordination and harmony of a planned residential area and limited commercial activities such that the final development shall contain dwellings and various shops, stores and other facilities for the convenience of the residents of the development. A Planned Neighborhood Development may contain single-family dwellings, two-family dwellings, row houses, townhouses, multi-family dwellings or any combination thereof. Customary home occupations and residential accessory buildings and uses shall also be allowed. A limited amount of commercial activity, as permitted in a C-1A, Neighborhood Commercial Zoning District shall be allowed and shall be of a kind, which in this opinion of the Planning Commission shall be most appropriate for the purposes of a Planned Neighborhood Development.

BBB³. Planned Residential Development: An area that encourages ingenuity and resourcefulness in land planning and to assure the provision of parks and recreational facilities provided for the residents of the development. Planned Residential Developments may contain single-family dwellings, two-family dwellings, row houses, townhouses, multi-family dwellings or a combination thereof. Customary home occupations and residential accessory buildings and uses shall also be allowed. However, multi-family dwellings shall not represent more than twenty-five percent (25%) of the total dwelling units within the proposed development.

BBB⁴. Planned Residential/Recreation/Lodge Development: An area that encourages the best possible site plans and building arrangement for recreational and lodging development. Such developments are sensitive to, and take into consideration, interrelationships between the natural environment, different architectural styles, relative scales of various structures, and other larger community setting in which the development is situated. A Planned Recreation/Lodge Development may contain Hotels/Motels, conference buildings, recreational/amusement activities, campgrounds, country clubs, and restaurants, and any accessory uses associated with the primary activity.

BBB⁵. Planned Shopping Center: An area within a planned development which contains a group of commercial establishments having a building composition that is an architectural unit and is not a miscellaneous assemblage of stores; and is planned, developed, analyzed as a unit, related in location, size and type of shops to the trade area that the unit serves, and provides on-site parking in relation to the types and size of stores.

Section 2: The following provisions shall be added to the Zoning Ordinance of Spalding County, Georgia, Article 17, entitled "Planned Development District":

ARTICLE 17. PLANNED DEVELOPMENT DISTRICT (PDD)

Section 1701: Purpose. Planned development districts are intended to encourage the development of large tracts of land as planned residential and neighborhood developments, shopping centers, industrial parks and retreats or lodges; encourage flexible and creative concepts in site planning; conserve natural topographical and geological features of the land by encouraging scenic and functional open spaces within the residential areas; accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this Ordinance; provide for an efficient use of land resulting in smaller networks of utilities and street and thereby lower development and housing costs; promote a less sprawling form of development; and provide an environment of stable character compatible with surrounding areas.

Section 1702: Boundaries of PDD Districts. The Official Map (Section 2301 of this Ordinance) shows the boundaries of all PDD districts within Spalding County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.

Section 1703: Permitted Uses.

A. The following Principal Uses are permitted in PD Districts:

 

Planned residential development meeting the criteria of this ordinance, which development may include any and all Principal Uses contained in Article 7 (R-1 Single Family Residential Low Density District), Section 703(A); Article 8 (R-2 Single-Family District), Section 803(A); Article 8A (R-2A Single-Family and Two Family Residential District), Section 803A(A)(4); Article 9 (R-3 Multiple-Family District), Section 903(A)(1); Article 10 (R-4 Single Family District), Section 1003(A); and Article 11A (R-6 Single Family District), Section 1103A(A) of the Zoning Ordinance of Spalding County.

Planned neighborhood development meeting the criteria of this Ordinance, which development may include any and all Principal Uses contained in Section 1703(A)(1) of this ordinance and in Article 13 (C-1A Neighborhood Commercial District), Section 1303(A) of the Zoning Ordinance of Spalding County.

Planned shopping center meeting the criteria of this Ordinance, which development may include any and all Principal Uses contained in Article 12 (C-1 Highway Commercial), Section 1203(A) and Article 13 (C-1A Neighborhood Commercial District), Section 1303(A) of the Zoning Ordinance of Spalding County.

Planned industrial development meeting the criteria of this Ordinance, which development may include any and all Principal Uses contained in Article 14A (C-1C Manufacturing Light), Section 1403A(A)(1-3, 6-18, 20) and Article 15 (C-2 Manufacturing), Section 1503(A)(1-3, 6-26, 29-31, 33, 35-40, 46-48, 50), of the Zoning Ordinance of Spalding County.

Planned recreation/lodge development meeting the criteria of this Ordinance which development may include any and all Principal Uses as follows: Residential Uses as allowed under Section 1703(A)(1), Hotels and Motels associated with Retreats, Conference Buildings, Training Centers, Hostels, Campgrounds with RV and Tent facilities, Amusement Activities, Recreation Facilities, Golf Courses, Golf Driving Range, Riding Stables, Country Clubs.

B. The following Principal Uses are permitted as Special Exceptions in Planned Development Districts:

 

For planned residential developments, any Principal Use permitted as a Special Exception in Article 7 (R-1 Single Family Residential Low Density District), Section 703(B); Article 8 (R-2 Single-Family Residential District), Section 803(B); Article 8A (R-2A Single-Family and Two Family Residential District), Section 803A(B); Article 10 (R-4 Single Family District), Section 1003(B); and Article 11A (R-6 Single Family District), Section 1103A(B) of the Zoning Ordinance of Spalding County.

For planned neighborhood development, any Principal Use permitted as a Special Exception contained in Article 17, (PDD Planned Development District), Section 1703(B)(1) and Article 13 (C-1A Neighborhood Commercial), Section 1303(B)(1, 2, 4, 5 and 6).

For planned shopping center, any Principal Use permitted as a Special Exception in Article 12 (C-1 Highway Commercial), Section 1203(B)(1 and 3) and Article 13 (C-1A Neighborhood Commercial District), Section 1303(B)(1, 2, 4, 5 and 6) of the Zoning Ordinance of Spalding County.

For planned industrial developments, any Principal Use permitted as a Special Exception in Article 14A (C-1C Manufacturing Light), Section 1403A(B) and Article 15 (C-2 Manufacturing), Section 1503(B)(1).

For planned recreation/lodge development, Restaurants.

C. The following Accessory Uses are permitted in Planned Development Districts:

 

For planned single family residential developments, any Accessory Use permitted in Article 7 (R-1 Single Family Residential Low Density District), Section 703(C); Article 8 (R-2 Single-Family Residential District), Section 803(C); Article 8A (R-2A Single-Family and Two Family Residential District), Section 803A(C); Article 9 (R-3 Multiple-Family District), Section 903(C); Article 10 (R-4 Single Family District), Section 1003(C); and Article 11A (R-6 Single Family District), Section 1103A(C) of the Zoning Ordinance of Spalding County.

For planned neighborhood development, any Accessory Use permitted in Article 17 (PDD Planned Development District), Section 1703(C)(1) and Article 13 (C-1A Neighborhood Commercial), Section 1303(C).

For planned shopping center, any Accessory Use permitted in Article 12 (C-1 Highway Commercial), Section 1203(C)(1 and 3) and Article 13 (C-1A Neighborhood Commercial District), Section 1303(C)(1) of the Zoning Ordinance of Spalding County.

For planned industrial developments, any Accessory Use permitted as a Special Exception in Article 14A (C-1C Manufacturing Light), Section 1403A(C) and Article 15 (C-2 Manufacturing), Section 1503(C)(1).

For planned recreation/lodge development, any Accessory Use associated with the primary activity and which complies with this ordinance and the Unified Development Ordinance of Spalding County.

All accessory uses must meet the following standards:

For planned residential development and planned neighborhood development:

They must be located in the rear yard.

They may not be located closer than five (5) feet from any property line.

They may not be located in any front or side yard.

Accessory buildings and structures not attached to the principal building must be located at least twelve (12) feet from the principal building on the lot.

For planned shopping center development, planned industrial development, and planned recreation/lodge development:

They may not be located closer than five (5) feet from any property line.

Accessory buildings not attached to the principal building must be located at least twelve (12) feet from the principal building on the lot.

All uses not permitted within PD districts by this Section are specifically prohibited.

 

Section 1704: Review Process.

A. Pre-Application Concept Conference/Review.

 

Prior to filing an application for a planned development, the applicant shall confer with the Zoning Administrator in order to review the general character of the planned development (on the basis of tentative land use sketch) and to obtain information on development standards and ordinances affecting the proposed planned development.

 

Before an application is authorized, the applicant shall submit a preliminary concept plan for review by the planning and zoning department. The department shall coordinate review of the plan and provide a report to the planning commission. The plan shall be submitted to the planning commission, for review at a public meeting. The planning commission shall review the plan and provide comments and recommendations within thirty (30) days.

 

Before an application is authorized, the applicant shall contact the adjacent property owners and property owners within a 1.5-mile radius by mail in the surrounding area notifying them of the development intent. Notification should be structured as to provide a response from the owner. A list of all property owners, responses, and copies of the notification should be presented along with the preliminary concept plan.

 

Preliminary Concept Plan Requirements: The following is required to be included with the preliminary concept plan:

 

Planned development name;

The owner and developer of the property;

Architect, engineer or planner who designed the plan;

Location or orientation map of the property;

Legal description of the parcel;

Date, scale, north arrow;

Total acreage of tract;

Topography at ten-foot contour intervals;

Proposed land use and net acreage in each type;

Proposed street layout;

Proposed lot layout;

Proposed buffers, open space and natural environmental features such as surface drainage and open water;

General location of proposed buildings to be used for commercial, industrial, recreation, or public facility uses.

Following preliminary concept plan review and approval by the planning commission, the developer of the planned development project may apply for rezoning pursuant to the requirements of the Unified Development Ordinance, and master development plan approval.

B. Master Plan Requirements.

 

A master development plan which incorporates and/or addresses the recommendations made by the planning commission in its review of the preliminary concept plan shall be submitted with the application for planned development approval.

The master development plan shall include the following information:

The plan shall include information contained on the preliminary concept plan and address all recommendations previously made by the planning commission.

Graphic scale shall be not less than one (1) inch equals 100 feet.

Sheet size must be not larger than forty-two (42) inches long and thirty (30) inches wide. If the complete plan cannot be shown on one sheet of this size, it may be shown on more than one sheet with an index map on a separate sheet of the same size.

The developer shall submit a plan of his entire tract, even though his present plans may call for the actual development of only a small portion of the property. Any unit divisions or phasings of unit division intended in the preparation of the Final plat must be represented on the Master Plan.

Property Information:

Planned development project name;

Owner and developer of the property;

Architect, engineer, or planner who designed the plan;

Date, scale and north arrow;

An area map showing property owners, zoning classifications of parcels, and existing land use within 1.5 miles of the proposed property for the planned development project;

A legal description of the parcel.

Existing conditions:

Existing topographical features of the site, with a minimum contour interval of ten (10) feet. The outline of wooded areas and surface drainage such as streams lake and wetlands shall be shown;

Current soil classifications according to the U.S. Soil Conservation Service Classifications for Spalding County;

The location of any flood hazard areas subject to the 100-year flood within and adjacent to the proposed property. The location of the 100 year flood shall be shown relative to contour elevations;

The location and extent of any aircraft approach zones over the proposed property;

The location of any existing property lines within the parcel; the location, width, right-of-way, and names of any existing roads; railroads; utility rights-of-way or easements; and existing buildings and structures;

Existing 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 with sizes, grades, and invert elevations from filed surveys or other sources.

Proposed Development Conditions:

Phases of the proposed developments;

Location and extent of the proposed transportation system, including all streets and other accessways (sidewalks, driveways, walking paths, etc.) with right-of-way and pavements widths, as well as proposed street names within the proposed development;

Delineation of the proposed residential land use areas, including the location of residential land uses, dwelling unit types, total number of dwelling units, total number of lots, number and percentage allocation by dwelling unit type, outlines of all dwellings, maximum proposed heights, and yard setbacks;

Proposed layout and dimensions of all lots within each proposed residential zoning district including all setbacks;

Calculation of residential density in dwelling units per net acre, by zoning district and dwelling unit type proposed;

The delineation of proposed nonresidential land use areas, including lot layout and dimensions with setbacks, and general location of proposed buildings and structures shown by outlines, maximum proposed building heights;

The interior common open space system;

The location and use of existing and proposed public, semi-public and community facilities such as schools, parks, open areas, and other public buildings on the site, including areas proposed to be dedicated or reserved for community or public use;

Proposed improvements to existing community facilities including roads, sewers, drainage and water facilities adjoining or near the site;

Perspective drawings of representative building types, provided this is not required for all single family detached dwellings;

An off street parking and loading plan;

The location and extent of all required buffer areas, depicting extent of natural vegetation and type and location of additional vegetation, if required;

Development Incentives:

Identification of each development incentive, proposed to be met, as identified in Section 1711, shall be included in the master plan. Appropriate narrative detailing each incentive that is met shall be attached to the plan.

A written report shall be submitted by the applicant which contains the following information concerning the master development plan:

General description of the proposal.

Detailed legal description.

A statement of present ownership of all land within the proposed development and a financial plan from the developer that indicates the ability to develop and complete the proposed development in accordance with the plan submitted.

A development and construction time schedule showing major activities of proposed development. If the planned development will be in phases, a general statement of the proposed development schedule by phase.

Agreements, provisions and covenants which govern the use, maintenance and protection of the development, any common or open areas, density standards, and yard requirements.

Proposed standards for development, including restrictions on the use of the property, density standards, yard requirements and restrictive covenants.

Proposed dedication or reservation of land for public use, including streets, easements, parks and school sites.

Exceptions or variations from the requirements of the zoning ordinance and any applicable subdivision or development ordinance.

Plans for the provisions of utilities, including water, sanitary sewer and drainage facilities and appropriate calculations regarding the sizing of drainage areas and pipes.

A report from the Spalding County Water Authority and the City of Griffin Wastewater Department, as appropriate, indicating the adequacy of water and sanitary sewer services.

Plans for the protection of abutting properties.

Plans for the maintenance of common open space areas.

Tables showing the total number of acres in the proposed development and the percentage designation for each type of proposed land use, including public facilities. Information shall be provided in net acres.

Tabulations of the overall net density for residential uses.

An explanation of phasing or stages of the planned development project.

Adequacy and arrangement of vehicular traffic access and circulation including intersections, road widths, channelization structures and traffic controls.

Adequacy and arrangement of pedestrian traffic access and circulation including separation of pedestrian from vehicular traffic, and pedestrian convenience.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Location, arrangement, size and placement of buildings, lighting, and signs.

Identification of all participants involved in the planning process for the project, including preparation of the application.

Planned development project for which one thousand (1,000) or more average daily vehicles trips will be generated and/or which at least twenty-thousand (20,000) gallons per day of sewage treatment plant capacity and/or within 1.5 miles of a public school must submit with the application a developmental impact report. The report shall objectively discuss positive and negative impacts of the proposed development on land uses; public water and sewerage facilities; traffic patterns, volumes and road improvements; storm drainage facilities, school enrollment; tax base and economic base; natural vegetation; wildlife habitat; and, area appearance and aesthetics. A professional consultant shall prepare the report.

Standard Report Format—All reports, tabular data, and supporting documentation shall be submitted on 8½" X 11" paper unless a larger format is more appropriate. Any report prepared with computer is required to be submitted on a 3.5" floppy diskette in a general format that can be read by Microsoft Word, Excel, Access, AutoCad, or in a format readable by ArcInfo/ArcView. (Check with County staff for which version of software is required.) Reports shall be typed with a font size of not less than 12 point. Data that are appropriate may be shown on the submitted plans.

C. Application Review.

 

In reviewing the application for planned development, the Planning Commission and the Board of Commissioners shall review according to procedures set forth in Section 414 of the Spalding County Unified Development Ordinance.

The consideration of a planned development district approval or disapproval and master development plan shall also include, but not be limited to the following:

Relation to the comprehensive plan.

Adequacy and arrangement of vehicular traffic access and circulation including intersections, road widths, channelization structures and traffic controls.

Adequacy and arrangement of pedestrian traffic access and circulation including separation of pedestrian from vehicular traffic, and pedestrian convenience.

Location, arrangement, appearance and sufficiency of off-street parking and loading;

Location, arrangement, size, and placement of buildings, lighting, and signs.

Arrangement of landscape features and buffer areas.

Adequacy of public water supply.

Adequacy of storm water and sanitary waste disposal facilities.

Adequacy of public school facilities.

Adequacy of structures, roadways, in areas with moderate to high susceptibility to flooding and ponding and/or erosion.

D. Application Approval.

 

Approval Conditioned on Site Plan and Use Requested. All application approval shall be conditioned upon the site plan and use requested submitted with the application. If approval of the application requires modifications to the site plan, the applicant must file the following with the Zoning Administrator:

 

Written notice of consent to the modifications.

 

A site plan properly revised to include the modifications.

 

The Official Zoning Map of Spalding County shall not be changed until such time as the provisions of this Section have been fulfilled.

 

Approval for Principal Use, Special Exception Conditioned on Site Plan. All applications for a Principal Use, Special Exception identified in Section 1703(B) shall be conditioned upon the site plan submitted with the application. If approval of the application to a Principal Use, Special Exception requires modifications to the site plan, the applicant must file the following with the Zoning Administrator:

 

Written notice of consent to the modifications.

 

A site plan properly revised to include the modifications.

 

The Official Zoning Map of Spalding County shall not be changed until such time as the provisions of this Section have been fulfilled.

 

Revision of Development Plan.

 

Minor extensions, alterations or modifications of existing buildings or structures may be permitted after review and approval by the Planning Commission, provided that such changes must be consistent with the purposes and intent of the master development plan. For purposes of this section, a minor extension, alteration or modification of the development plan shall be any change which does not change the uses proposed for the development, the density of the land use pattern, the location or dimension of streets, the change in shape of the size or architecture of any structure located or to be located within the development.

 

Any major or substantial change in the approved development plan must be reviewed and approved by the Board of Commissioners after receipt of recommendations from the Planning Commission in accordance with the procedures of Section 414. A written statement indicating the nature of the revision and the reason it is considered necessary or desirable to revise the development must support a request for revision to the development plan. For purposes of this section, a major or substantial change shall be any change in the development plan which is not listed in Section 1704:D(3)(a).

 

Reversion of Zoning Approval

 

Approval of the Board of Commissioners shall be in effect for a two-year period. However, if no construction has begun within that period or if the applicant fails to maintain the approved development schedule, the Board of Commissioners, at its discretion and for good cause, may extend for one (1) additional year the period for beginning construction and maintaining the approved development schedule. Ninety (90) days prior to the end of the two year period of approval or the additional extension, the Zoning Administrator shall notify the Board of Commissioners and property owner in writing of the approaching deadline and schedule a public hearing before the Planning Commission and Board of Commissioners, according to the procedures outlined in Section 414 of the Spalding County UDO, to determine whether an extension may be granted or if the zoning of the property should be amended.

 

Subdivision Approval

 

At the option of the applicant, a preliminary subdivision plat may be filed along with the Development Plan in order that tentative approval of the subdivision by the Planning Commission may be granted, pending the approval by the Board of Commissioners of the Development Plan.

In no case shall final subdivision approval precede the approval of the Development Plan.

Site development regulations, specifications, and procedures governing the platting of a Planned Development and plat approval shall be in accordance with the Spalding County Subdivision Ordinance.

Building Permits and Certificates of Occupancy

 

The Zoning Administrator/Building Official shall issue building permits for buildings and structures in the Planned Unit Development if they are in substantial conformity with the approved Development Plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if they conform to the requirements of the approved Development Plan and all other applicable regulations.

Section 1705: Development Standards for PD Districts. The following standards shall govern planned development in and shall apply to any residential, commercial or industrial planned development:

Landscaped Area Buffer, Rear and Side. For planned residential, commercial and industrial developments, a twenty-five (25) feet landscaped buffer, in addition to any required landscape area. No buffer shall be required for planned single-family residential developments. No screening, as required in Section 407, shall be required in a Planned Development District unless otherwise specified herein.

Compliance with Zoning District Development Standards. Any planned development use must comply with the development standards of the zoning district for which a Principal Use or Principal Use Special Exception is allowed.

Compliance with the Spalding County Subdivision Ordinance. Any planned residential development must comply with the development standards of the Spalding County Subdivision Ordinance.

Compliance with the Spalding County Commercial/Industrial Development Standards Ordinance. Any planned commercial or industrial development must comply with the development standards of the Spalding County Commercial/Industrial Development Ordinance.

Landscaping. Each planned development shall comply with the Spalding County Landscaping Ordinance.

Off Premise and General Advertising Signage. Off premise and general advertising signage shall be prohibited.

Section 1706: Planned Residential Development Standards. The following standards shall govern planned residential development:

A. Minimum Planned Residential Development Size. No minimum.

B. Common Areas. Each planned residential development shall set aside and develop 10% of the total acreage of the development for recreation, common areas, and green space.

C. Screening. Single-family and Two-Family residential lots abutting in the rear, which do not have natural screening in place along the rear property line, shall plant trees/vegetation or install an opaque fence in order to provide an adequate visual screen. Should the layout of the terrain be such that enforcement of this requirement would not provide adequate screening, an administrative variance from this requirement may be granted by the Administrative Officer. Approval of the variance may be granted subject to a written request.

D. Sidewalks. In single-family and two-family residential developments in which the majority of lots do not exceed twenty thousand (20,000) square feet in size, sidewalks shall be required along both sides of all interior streets within the development. In residential developments in which the majority of lots are between twenty thousand (20,000) square feet and one (1) acre in size, sidewalks shall be required on at least one side of all interior streets within the development. All multi-family developments shall include sidewalks on all interior streets within the development.

E. Minimum Front Yard Depth. 70 feet or 50 feet with sodded front yards. (Note: If the 50’ setback is requested, all front yards, regardless of the setback, must be sodded) Side yards on double frontage lots must be sodded a minimum distance of ten (10) feet from the curb.

F. Cul-de-Sac. Development of planned residential development on cul-de-sac streets is discouraged. Streets within a planned residential development should interconnect within a modified grid system. No cul-de-sac may exceed 300 linear feet.

G. Curb and Gutter. All streets within a planned residential development shall have curb and gutter.

H. Driveways. No driveways shall be permitted along existing road frontage. All development shall be accessed through driveways permitted on the interior streets.

I. Paved Driveways. All driveways shall be paved.

J. Utilities. No overhead utility lines shall be permitted, except on a temporary basis as may be required for construction. Any such temporary line must be immediately removed upon completion of construction.

K. Street Lighting. Street lighting will be installed and maintained as required in Part IV, Chapter 6, entitled "Street Light Districts" of the Code of Spalding County, Georgia.

L. Topography Preservation. Development shall be compatible with topography of the land and preserve any unusual topographic or natural features determined after review by the Planning Commission.

M. Signage. Signage within a planned residential development shall be limited to one (1) entry monument sign (per entrance) not greater than six (6) feet in height and not exceeding 48 square feet.

N. Density. The number of lots created shall be density neutral. Density neutral is defined as maintaining the number of lots so as not to exceed the number that can be created with the conventional minimum area and width requirements of the zoning district designation of the subject property.

O. Development Incentive Standards. In the event the development incorporates and includes at least six (6) of the development incentives enumerated in Section 1711, the following developments standards may be applied:

 

1. Minimum Lot Area: Single-Family and Two-Family Development-11,000 square feet, if public water and public sewer are available.

 

2. Minimum Lot Width: Each lot may be reduced to a minimum width of 100 feet, if public water is available; or to 75 feet, if public water and sewer are available.

 

3. Minimum Frontage Width: Same as Minimum Lot width.

 

4. Cul-de-Sac: No cul-de-sac may exceed 500 linear feet.

 

5. Pavement Width: Local and Minor Streets—24 feet, back of curb to back of curb.

 

6. Maximum Density: Multi-family development—Fourteen (14) units per acres, if public water and sewer are provided.

 

7. Maximum Lot Coverage by Building: Multi-family development--Fifty percent (50%).

 

8. Maximum Building Height. Multi-family development—45 feet.

 

Section 1707: Planned Neighborhood Development Standards. The following standards shall govern planned neighborhood development:

A. Minimum Planned Neighborhood Development Size. 90 acres.

 

B. Common Areas. Each planned neighborhood development shall set aside and develop 10% of the total acreage of the development for recreation, common areas, and green space.

 

C. Screening. Single-family and Two-Family residential lots abutting in the rear, which do not have natural screening in place along the rear property line, shall plant trees/vegetation or install an opaque fence in order to provide an adequate visual screen. Should the layout of the terrain be such that enforcement of this requirement would not provide adequate screening, an administrative variance from this requirement may be granted by the Administrative Officer. Approval of the variance may be granted subject to a written request.

 

D. Sidewalks. For planned neighborhood developments in which the majority of lots do not exceed one (1) acre in size, sidewalks shall be required on all interior streets within the planned development.

 

E. Minimum Front Yard Depth. 70 feet or 50 feet with sodded front yards. (Note: If the 50’ setback is requested, all front yards, regardless of the setback, must be sodded) Side yards on double frontage lots must be sodded a minimum distance of ten (10) feet from the curb.

F. Cul-de-Sac. Development of planned neighborhood development on cul-de-sac streets is discouraged. Streets within a planned neighborhood development should interconnect within a modified grid system. No cul-de-sac may exceed 300 linear feet.

 

G. Curb and Gutter. All streets within a planned neighborhood development shall have curb and gutter.

 

H. Driveways. No residential driveways shall be permitted along existing road frontage. All residential development shall be accessed through driveways permitted on the interior streets.

 

I. Paved Driveways. All driveways shall be paved.

 

J. Utilities. No overhead utility lines shall be permitted, except on a temporary basis as may be required for construction. Any such temporary line must be immediately removed upon completion of construction.

 

K. Street Lighting. Street lighting will be installed and maintained as required in Part IV, Chapter 6, entitled "Street Light Districts" of the Code of Spalding County, Georgia.

 

L. Topography Preservation. Development shall be compatible with topography of the land and preserve any unusual topographic or natural features determined after review by the Planning Commission.

 

M. Signage. Signage within a planned neighborhood development shall be limited to one (1) entry monument sign not greater than six (6) feet in height and not exceeding 48 square feet.

 

N. Development Incentive Standards. In the event the development incorporates and includes at least six (6) of the development incentives enumerated in Section 1711, the following developments standards may be applied:

 

1. Minimum Lot Area: 11,000 square feet, if public water and public sewer are available.

 

2. Minimum Lot Width: Each lot may be reduced to a minimum width of 100 feet, if public water is available; or to 75 feet, if public water and sewer are available.

 

3. Minimum Frontage Width: Same as Minimum Lot width.

 

4. Cul-de-Sac: No cul-de-sac may exceed 500 linear feet.

 

5. Pavement Width: Local and Minor Streets—24 feet, back of curb to back of curb.

 

Section 1708: Planned Shopping Center Development Standards. The following standards shall govern planned commercial development:

A. Minimum Planned Commercial Development Size. 5 acres.

 

B. Ownership Control. All land in a Planned Shopping Center Development shall be owned by or under land lease by one individual, corporation or other legal entity. Properties may be sold after a final plat has been recorded with the properties subject to private deed covenants that assure the continuance of the Planned Development as originally approved and developed.

 

C. Topography Preservation. Development shall be compatible with topography of the land and preserve any unusual topographic or natural features determined after review by the Planning Commission.

 

D. Utilities and Accessibility. Water, sewage, highway and school facilities shall be adequate for the proposed development. No overhead utility lines shall be permitted, except on a temporary basis as may be required for construction. Any such temporary line must be immediately removed upon completion of construction.

 

E. Ingress and Egress. Access shall be controlled by limiting the number of curbcuts, which shall not exceed two (2) for the first one hundred fifty (150) feet of frontage, with twenty (20) feet maximum curbcut. The number and width of such cuts may be increased by one (1) and ten (10) feet, respectively, for each additional one hundred fifty (150) feet of frontage.

 

F. Parking. All parking areas shall be covered with plant mix asphalt or concrete surface and all driveways shall be similarly paved. No automobile parking or service areas will be permitted within the required front yard setback or within thirty (30) feet of the property line of an adjoining residential zoning lot. Parking and service areas must be separated from adjoining residential lots by a suitable planting screen, fence, or wall at least six (6) feet in height above finished grade. The above-required screen, fence, or wall must provide for a reasonable visual separation between the properties.

 

G. Loud Speaker Systems. No outside loud speaking systems shall be utilized.

 

H. Lighting. All lights or lighting arrangements for purpose of advertising, security, or night operations must be directed away from adjoining or nearby residential zoning lots.

 

I. Drainage, Soil Erosion and Sedimentation. A grading plan, prepared by a professional engineer familiar with surface water management, drawn in accordance with the Spalding County Soil Erosion and Sedimentation Control Ordinance shall be required before any land disturbance permit is granted for the project.

 

J. Landscaping. A landscape plan is required for the site and shall be fully implemented prior to issuance of a certificate of occupancy. If not feasible to complete landscaping due to weather conditions or other extenuating circumstances, the owner shall post a performance bond or other acceptable security in an amount equal to one hundred ten (110%) percent of the cost of the landscaping improvements which remain incomplete. The owner must complete the required improvements in a satisfactory manner within six (6) months.

 

K. Maintenance. The owner shall provide adequate maintenance of the landscaping improvements for a minimum of one (1) year from implementation. The Zoning Administrator shall inspect special screening at least once during this period to insurance that the approved plan has been fully implemented and maintained. If the landscaping has died within a one (1) year period, such landscaping shall be replaced by the owner.

 

L. General Deed Covenants. The Planned Shopping Center Development shall be included within private deed covenants running with the land to assure the continuance of the Planned Shopping Center Development in accordance with approved plans and development.

 

M. Exterior Walls. The exterior walls of all buildings shall be constructed with materials, the exterior of which gives the appearance of masonry. The exterior appearance may not include plain cement block.

 

N. Loading Docks. All loading docks and parking areas for trucks must be located or screened so as to be concealed from view of neighboring street and property. No loading dock shall be located in the front of any facility or building.

 

O. Outside Storage. Outside storage will be permitted only at the rear and sides of the buildings and then only if screened from the view of adjacent property and roadways by masonry walls or other permanent screening. Screening shall be at least two (2) feet higher than the height of the materials being screened and no less than six (6) feet nor more than ten (10) feet tall.

 

P. Tree Removal. A minimum of twenty percent (20%) of all existing trees with a diameter exceeding ten (10) inches shall be retained. This requirement is in addition to the requirements of any required landscape area required in Sections 2206 (C-D).

 

Q. Exterior Containers. All mechanical equipment servicing buildings, above ground tanks and other similar items, storage facilities, garbage cans, trash containers, or pelletized trash or recycling materials shall be located or screened so as to be concealed from the view of neighboring streets and property.

 

R. Signage. Signage within any planned commercial development shall be limited, as follows:

 

1. Individual tract or outparcel: 1 monument sign not exceeding eight (8) feet in height or sixty-four (64) square feet.

 

2. Planned Centers: 1 monument sign per road frontage not exceeding eight (8) feet in height or eighty (80) square feet.

 

3. Wall Signs: Individual businesses located within a planned center shall be allowed one (1) non-illuminated wall sign not exceeding four (4) feet in height or twenty (20) square feet.

S. Development Incentive Standards. In the event the development incorporates and includes at least six (6) of the development incentives enumerated in Section 1711, the following developments standards may be applied:

 

1. Maximum Building Height: 45 feet.

 

2. Minimum rear setback: 25 feet.

 

3. Signage: One additional wall sign per establishment.

 

Section 1709: Planned Industrial Development Standards. The following standards shall govern planned industrial development:

A. Minimum Planned Industrial Development size. 10 acres.

 

B. Exterior Walls. The exterior walls of all buildings shall be constructed with materials other than plain cement block, the exterior of which gives the appearance of masonry.

 

C. Loading Docks. All loading docks and parking areas for trucks must be located or screened so as to be concealed from view of neighboring street and property. No loading dock shall be located in the front of any facility or building.

 

D. Outside Storage. Outside storage will be permitted only at the rear and sides of the buildings and then only if screened from the view of adjacent property and roadways by masonry walls or other permanent screening. Screening shall be at least two (2) feet higher than the height of the materials being screened and no less than six (6) feet nor more than ten (10) feet tall.

 

E. Parking. All parking areas shall be covered with plant mix asphalt or concrete surface and all driveways shall be similarly paved. All other parking shall be located in the rear of any building.

 

F. Building Coverage Ratio. The ratio of building and parking (impervious area) coverage to the total site area shall not exceed seventy percent (70%).

 

G. Utilities. No overhead utility lines shall be permitted, except on a temporary basis as may be required for construction. Any such temporary line must be immediately removed upon completion of construction.

 

H. Signage. Signage within any planned industrial development shall be limited, as follows:

 

1. Individual tract or outparcel: 1 monument sign not exceeding eight (8) feet in height or sixty-four (64) square feet.

 

2. Planned Centers: 1 monument sign per road frontage not exceeding eight (8) feet in height or eighty (80) square feet.

 

I. Tree Removal. A minimum of twenty percent (20%) of all existing trees with a diameter exceeding ten (10) inches shall be retained. This requirement is in addition to the requirements of any required landscape area required in Sections 2206(C-D).

 

J. Exterior Containers. All mechanical equipment servicing buildings, above ground tanks and other similar items, storage facilities, garbage cans, trash containers, or pelletized trash or recycling materials shall be located or screened so as to be concealed from the view of neighboring streets and property.

 

K. Development Incentive Standards. In the event the development incorporates and includes at least six (6) of the development incentives enumerated in Section 1711, the following developments standards may be applied:

 

1. For Planned Industrial Developments in Article 14A (C-1C Manufacturing Light):

 

a. Maximum Building Height: 50 feet.

 

b. Signage: One additional wall sign per establishment.

 

2. For Planned Industrial Developments in Article 15 (C-2 Manufacturing):

 

a. Maximum Building Height: 65 feet.

 

b. Signage: One additional wall sign per establishment.

 

Section 1710: Planned Recreation/Lodge Development Standards. The following standards shall govern planned recreation/lodge development:

A. Minimum Planned Recreation/Lodge Development size. 5 acres.

B. Common Areas. Each planned recreation/lodge development shall set aside and develop 50% of the total acreage of the development for recreation, common areas, and green space.

C. Sidewalks. For residential development in which the majority of lots do not exceed one (1) acre in size, sidewalks shall be required on all interior streets within the planned development. All multi-family developments shall include sidewalks on all interior streets within the development.

D. Screening. Single-family and Two-Family residential lots abutting in the rear, which do not have natural screening in place along the rear property line, shall plant trees/vegetation or install an opaque fence in order to provide an adequate visual screen. Should the layout of the terrain be such that enforcement of this requirement would not provide adequate screening, an administrative variance from this requirement may be granted by the Administrative Officer. Approval of the variance may be granted subject to a written request.

E. Minimum Front Yard Depth. 100 feet.

F. Cul-de-Sac. Residential development on cul-de-sac streets is discouraged. Streets within a residential development should interconnect within a modified grid system. No cul-de-sac may exceed 300 linear feet.

G. Curb and Gutter. All streets within a planned recreation/lodge development shall have curb and gutter.

H. Minimum Front Yard Depth. 100 feet.

I. Buffer Requirements. In addition to the buffer requirements stated in Section 1705:A, an additional 25 feet of landscaped buffer shall be required.

J. Utilities. No overhead utility lines shall be permitted, except on a temporary basis as may be required for construction. Any such temporary line must be immediately removed upon completion of construction.

K. Topography Preservation. Development shall be compatible with topography of the land and preserve any unusual topographic or natural features determined after review by the Planning Commission.

L. Signage. Signage within a planned residential development shall be limited to one (1) entry monument sign not greater than six (6) feet in height and not exceeding 48 square feet.

M. Building Coverage Ratio. The ratio of building and parking (impervious area) coverage to the total site area shall not exceed fifty percent (50%).

N. Loading Docks. All loading docks and parking areas for trucks must be located or screened so as to be concealed from view of neighboring street and property. No loading dock shall be located in the front of any facility or building.

O. Outside Storage. Outside storage will be permitted only at the rear and sides of the buildings and then only if screened from the view of adjacent property and roadways by masonry walls or other permanent screening. Screening shall be at least two (2) feet higher than the height of the materials being screened and no less than six (6) feet nor more than ten (10) feet tall.

P. Tree Removal. A minimum of twenty percent (20%) of all existing trees with a diameter exceeding ten (10) inches shall be retained. This requirement is in addition to the requirements of any required landscape area required in Sections 2206 (C-D).

Q. Exterior Containers. All mechanical equipment servicing buildings, above ground tanks and other similar items, storage facilities, garbage cans, trash containers, or palletized trash or recycling materials shall be located or screened so as to be concealed from the view of neighboring streets and property.

R. Development Incentive Standards. In the event the development incorporates and includes at least six (6) of the development incentives enumerated in Section 1711, the following developments standards may be applied:

1. Minimum Lot Area: Single family and Two Family Development-11,000 square feet, if public water and public sewer are available.

 

2. Minimum Lot Width: Each lot may be reduced to a minimum width of 100 feet if public water is available; or to 75 feet if public water and sewer are available.

 

3. Minimum Frontage Width: Same as Minimum Lot width.

 

4. Minimum Front Yard Depth: 75 feet, if public water is available, or 50 feet if public water and sewer are available and front yard are sodded.

 

5. Cul-de-Sac: No cul-de-sac may exceed 500 linear feet.

 

6. Maximum Density: Multi-family development—Fourteen (14) units per acres, if public water and sewer are provided.

 

7. Maximum Lot Coverage by Building: Multi-family development--Fifty percent (50%).

 

8. Maximum Building Height. Multi-family development—45 feet.

 

Section 1711: Criteria for Development Incentives. The following criteria may be used for Planned Development Districts for applicability of incentive development criteria:

A. Scenic Vistas. Developments that incorporate and preserve existing scenic vistas, views, natural scenic topography, existing lakes, rivers and/or streams.

B. Development of Internal Roadways. Developments that include development of an internal plan of roads to discourage traffic congestion.

C. Reduction of Impervious Surfaces. Developments that reduce impervious surface coverage by fifteen percent (15%) or more beyond the minimum standards allowed by this or any other application regulation or ordinance.

D. Increased Landscaped Areas. Developments that increase landscaped areas, setbacks or buffers by more than fifty percent (50%), or (for developments adjoining planned residential or planned apartment developments) the provision of bike and/or pedestrian paths adjacent thereto.

E. Reduction of Building Mass. Developments that reduce building mass by dividing buildings into a village style.

F. Consolidation of Small Lots. Developments that consolidate small lots to create parcels of a size exceeding ten (10) acres.

G. Mixed Use Developments. Developments that include mixed uses, particularly the inclusion of residential uses and community facilities.

H. Pitched Roof Designs. Development that incorporates and uses pitched roof designs.

I. Façade. Residential development that includes a minimum of 30% of the façade with either brick, stone, or stucco.

J. Public Facilities. Development that includes construction of and/or dedication for public facilities such as parks, roadway and right of way, police, fire or emergency medical services, regional drainage facilities, schools or other public facilities.

K. Conservation Devices. Development that utilizes energy and/or water conservation devices.

L. Historical Preservation. Development that incorporates preservation of historical sites and buildings.

County Staff, Planning Commission, and Board of Commissioners shall review each proposed development incentive for its appropriateness and determine if it meets approval as a valid incentive. Pitched Roof Design shall not be counted as an incentive in a Planned Residential development or residential development within a Planned Neighborhood development.

 

Section 1712: Open Space Requirements. Open space is defined as the undeveloped land resulting from reductions in the minimum size of lots, which is set aside permanently for common use by the residents/owners/employees in a planned residential, neighborhood, shopping center, industrial, recreation/lodge, or multi-use development. Open space designations of ten percent (10%) of the net buildable area will result in a further reduction in lot size. Density requirements are applicable as stated in the preceding sections.

A. Open space land shall be preserved by one of the following:

1. Establishment of a mandatory Home Owners Association (HOA) to own and maintain the land in common for the open space purposes intended according to the following provisions:

a. With the application for rezoning for a PUD, the applicant shall submit minimum requirements and structure for the HOA.

b. The HOA will maintain, pay taxes, and own the open space.

c. Membership in the HOA is mandatory for all homeowners, and dues are uniform.

d. The HOA will stipulate that a third party, such as the local government, may enforce the maintenance of the open space through legally enforceable liens.

2. Dedication of legally described and platted "open space" to the Spalding County Board of Commissioners.

3. Dedication of legally described and platted "open space" to a Land Trust established in compliance with the requirements of Georgia law and shall be for conservation purposes.

B. The Board of Commissioners shall require the owner(s) of open space land to execute, acknowledge, and file in the land record of Spalding County, including documents and maps which effectively create a conservation easement or other legal conveyance approved by the County or its designee. These records:

1. Will be binding on all future owners of the open space land;

2. May be enforced by the adjoining property owners, the county, or a land trust by appropriate court action for equitable relief in the form of an injunction;

3. Will assure appropriate maintenance by the homeowners’ association or as otherwise herein provided, of open space land to the satisfaction of the County;

4. Will provide that if maintenance, preservation, and/or use of the open space land no longer complies with the provisions of the easement, the County may take all necessary action to effect compliance and assess the costs against the owners in default;

5. Will provide that such easement may not be modified, altered, or amended.

C. Easements will allow designated open space to be used for community sewer system drip lines or individual septic system secondary drain lines, wells, and storm water management structures designed to promote on-site infiltration and/or treatment of runoff if the designated open space has been designated for maintenance by a Home Owners Association in accordance with Section 1712:A(1).

D. Structures of historic, architectural, or cultural significance existing prior to development of the subdivision may be retained within the open space, subject to approval indicating that these structures are compatible with the Spalding County zoning regulations.

E. The open space shall be an integrated part of the project rather than an isolated element and fragmentation of the open space shall be minimized. The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

Section 3: The foregoing amendments of the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia shall become effective immediately upon adoption of this resolution

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

XI. OLD BUSINESS

1. Ansley Neal of the Marie Forte Garden Club is present to seek approval for a median beautification project on U.S. Highway 19/41. Ms. Ansley Neal, 103 Valley Road and Kathy Beheler, 2715 Williamson Road addressed the Commissioners stating that they were rescinding their request for assistance with the Maintenance Agreement until all parties can agree on the requirements. They said they would maintain the median for the first year and thanked the Board for their time. They said they would probably ask for assistance at a later date once the project is completed and the maintenance has been done for the first year. They brought Mr. Keith Rohling to answer any questions the Board might have with the DOT Maintenance Agreement. No action was taken.

2. Consider at second reading an Ordinance amending Part VII, Section 7-1007 of the Spalding County Code adding a Four-Way Stop at Hollonville Road and Line Creek Road. Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel the following Ordinance was approved by a vote of 3-2 with Commissioners Kendall and Martha McDaniel voting against the motion.

SPALDING COUNTY, GEORGIA

FOUR-WAY STOP

ORDINANCE NO. 2000-11

AN ORDINANCE

TO AMEND THE CODE OF SPALDING COUNTY, GEORGIA, TO PROVIDE FOR FOUR-WAY STOP INTERSECTION ON CERTAIN COUNTY ROADS; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT RESOLVED AND ORDAINED by the Board of Commissioners of Spalding County, Georgia, as the governing authority of said County, as follows:

Section 1. That the Code of Spalding County, Georgia, be amended in Part VII, Chapter 1, Section 7-1007, Traffic Control Devices, by inserting new paragraph (14), said new paragraph to read as follows:

"(14) Hollonville Road and Line Creek Road Intersection"

Section 3. The within ordinance shall be and become effective immediately upon its adoption by the affirmative vote of a majority of the members of the Board of Commissioners of Spalding County, Georgia present at two meetings, as provided in Section 2-1005 of the Code of Spalding County, Georgia; and, upon the erection of signs as required herein by the public works forces of Spalding County, Georgia.

Section 4. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

XII. NEW BUSINESS

1. Consider approval of Alcoholic Beverage License for Maynak D. Desai d/b/a Max’s Liquor, 1600 Williamson Road, Retail Package Sales—Beer, Wine and Liquor – 2000 License. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the License was approved by a vote of 4-1 with Commissioner Johnie McDaniel voting against the motion.

2. Consider acceptance of right-of-way deed for Plantation Trail, Tyler Trace, Cody Drive, Sport Way and Miranda Lane (Cody’s Plantation Subdivision) into the County road system. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres acceptance of deeds was tabled to a date certain of November 20, 2000 by a unanimous vote of 5-0.

3. Consider acceptance of right-of-way deed for Sassafras Street (Sassafras Subdivision) into the County road system. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres acceptance of deed was approved with condition of additional shoulder work, mulching and seeding by a unanimous vote of 5-0.

4. Consider acceptance of right-of-way deed for Deer Creek Parkway and Sharon Parkway (Deer Creek Subdivision) into the County road system. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel acceptance of deeds was tabled to a date certain of November 20, 2000 by a unanimous vote of 5-0.

5. Consider approval of additional State Court Office Space. Designs and presentations for additional office space was presented by State Court Judge-Elect Sid Esary and Solicitor Trey Howell. Judge Esary commented that Solicitor’s current office was being displaced by a Court Reporter for State Court. Mr. Howell also commented that he needed additional office space for him and his staff. They made a recommendation to move the Jury Holding Room on second floor to the basement of the Courthouse to allow space for the Solicitor’s office. It was also brought up that District Attorney Bill McBroom needs additional space on the third floor for office staff and it was also recommended that the current Grand Jury Room could also be moved to the basement of the Courthouse to allow for this additional space.

Chairman Kendall commented that he had reservations about moving the Jury Holding Room to the basement and suggested moving the Law Library to the basement to allow their current office space for the Solicitor’s office. Comments were made that Judge Miller has a problem with moving the Law Library to the basement as he feels that books may get displaced or lost in the move.

Judge-Elect Esary presented a design to the Board of Commissioners showing where the 50 ft. x 37 ft. old tag office in the basement could be renovated to house the Jury Holding Room and also the Grand Jury Room comfortably and efficiently.

After a lengthy discussion, motion was made by Commissioner Childres and seconded by Commissioner Massengale to take out of Contingency an amount of $16,5000 to move the Jury Holding Room to the basement of the Courthouse and renovate the current Jury Holding Room on second floor to the Solicitor’s offices for staff and if cost-effective move the Grand Jury Room to the basement of the Courthouse and renovate the current Grand Jury Room for District Attorney office space on third floor and approved by a vote of 4-1 with Commissioner Kendall voting against the motion.

6. Consideration of final plat of Maloy Estates Unit 2 Phase III Subdivision. George Michael Baynard, Owner, 31.403 acres, 26 lots, zoned R-4. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale final plat was unanimously approved by a vote of 5-0.

7. Consider approval of revisions to Defined Benefit Plan. The revision is to provide for the employees that were over 70 at the time of the Plan freeze, but not yet qualified to become a participant because we froze the plan. Under the old plan you had to be a county employee for continuous employment to be eligible to be a participant for two years from date of hire. We froze the plan in September and this revision will keep from leaving anyone out.

Motion made by Commissioner Martha McDaniel, seconded by Commissioner Childres and unanimously approved by a vote of 5-0 to approve the revisions.

8. Consider request from Parks and Recreation Advisory Commission. Henry Sims, Assistant Director for Parks and Recreation addressed this item. He said that a letter had been sent to Mr. Ruffin stating that Dundee Community Association wanted to donate a lot at 931 West Quilly Street adjacent to Dundee park but the condition is that the county would assume the cost of the entire property transfer and waive all property taxes due for the year.

County Attorney Fortune stated that the county cannot waive the property taxes; however, they can purchase the property for the amount of the taxes which is $187.52.

Motion made by Commissioner Martha McDaniel to purchase the property in the amount of $187.52. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

9. Consider amendment to the Spalding County Code relative to the sale of alcoholic beverages on New Years Eve. County Attorney Fortune stated that he had discovered that to do this calls for a referendum to be called 45 days prior to the election. There is not ample time to do this. No action was taken on this item.

10. Consider bids for SPLOST resurfacing. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel low bid of Hill Construction Co. in the amount of $647,721.02 was unanimously approved by a vote of 5-0. The roads under this contract are Sixth Street, Pickens Drive, Corley Court, Piedmont Road, W. Ellis Road, Green Road, Poplar Drive, Kline Circle, Dobbins Mill Road, Morgan Drive, N. Hill St. Ext., Jewel Drive, Cowan Road, Horton Road, Glory Road, Landsdown Drive, Loumae Road, Terry Drive, Springdale Drive, Freeman Drive, Tomochichi Road, Wide Road, W. Hall Road, Meadowview Lane, N. Rover Road, Lakeview Drive and Vaughn School Road.

11. Consider approval of SPLOST Program Management Contract for the 2001 Calendar Year with HDR/ W. L. Jorden Co. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres final year of Management Contract in the amount of $535,000 was unanimously approved by a vote of 5-0. Reference Contract #2000-11-06(A).

12. Consider recommendation of HDR/W. L. Jorden Co. to remove Mud Bridge Road from present active project list. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Mud Bridge Road was unanimously removed from active project list due to lack of right of way donation.

13. Consider Employment Agreement for County Manager. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Employment Agreement was unanimously approved by a vote of 5-0.

EMPLOYMENT AGREEMENT

COUNTY MANAGER/BOARD OF COMMISSIONERS

THIS AGREEMENT made and entered into this 6th day of November 2000, by and between the Board of Commissioners of Spalding County, Georgia, hereinafter called "Employer", and William P. Wilson, Jr. hereinafter called "Employee", both of whom understand and agree as follows:

WITNESSETH:

WHEREAS, Employer desires to employ the services of said William P. Wilson, Jr. as County Manager of the County of Spalding County, Georgia, effective on December 1, 2000, as provided by the Official Code of Georgia and County Code; and

WHEREAS, it is the desire of Employer, to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and

WHEREAS, it is the desire of Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and (3) to provide a just means for terminating Employee's services for cause or at such time when Employer may otherwise desire to terminate his employ; and

WHEREAS, Employee desires to accept employment as County Manager of said Spalding County, Georgia.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

Section 1. Duties.

Employer hereby agrees to employ said William P. Wilson, Jr. County Manager of said Employer to perform the functions and duties specified in such Code of Ordinances of Spalding County, Georgia, and to perform other legally permissible duties and functions as Employer from time to time may assign.

Section 2. Term.

A. This contract shall become effective on December 1, 2000. Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, Paragraphs A and B of this Agreement.

B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph D of this Agreement.

C. Employee agrees to remain in the exclusive employ of Employer until December 31, 2001, and neither to accept other employment nor become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided.

The term "employed" shall not be construed to include occasional teaching, speaking, writing or consulting activities performed on the employee's time off.

In the event written notice is not given by either party to this Agreement to the other ninety days prior to November 30, 2000 or any year for which this Agreement may be renewed, then this Agreement shall be extended on the same terms and conditions as herein for an additional year beginning January 1, 2001 and continuing to December 31, 2002. Said Agreement shall continue to be renewed each year thereafter unless either party hereto gives ninety days written notice to the other that that party does not wish to extend this Agreement for an additional one-year term.

Section 3. Suspension.

Employer may suspend Employee with full pay and benefits at any time during the term of this Agreement upon the vote of a majority of Employer.

Section 4. Termination and Severance Pay.

A. In the event Employee is terminated by Employer before expiration of the aforesaid term of employment for reasons other than cause, then in that event, Employer agrees to pay Employee a lump sum cash payment equal to six months aggregate salary, six months for expense allowances and six months for Employee's cost of COBRA continuation. Further, compensation shall be provided for Employee's accrued annual leave, offset time and sick leave. Employer must give Employee a minimum of sixty (60) days notice of termination for other than cause. During said sixty (60) day period, Employer shall continue to pay employee full pay and benefits under this contract.

B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee for other than cause in a greater percentage than an applicable across-the-board reduction for all employees of Employer, then, in that event, Employee, may, at his option, be deemed to be "terminated" at the date of such reduction within the meaning and context of the herein severance pay provision.

C. In the event Employee resigns upon a majority vote of the Employer, then in that event the Employee shall be deemed terminated.

D. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer sixty days notice in advance, unless the parties otherwise agree. Employee's resignation shall not obligate Employer to provide any severance pay described in this section. However, Employer shall pay Employee for accrued annual leave, sick leave and offset time.

Section 5. Salary.

Employer agrees to pay Employee for his services rendered pursuant to hereto an annual base salary of $94,480.00 payable in installments at the same time as other employees of Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as Employer may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given to other employees generally. Employee shall receive general cost-of-living adjustments in the same form and manner as other employees of the Employer.

Section 6. Hours of Work.

Employee is an exempt employee who is expected to engage in those hours of work, which are necessary to fulfill the obligations of his position of employment. Employee does not have pre-established hours as he is expected to be available at all times.

Section 7. Outside Activities.

Employee shall not spend more than ten hours per week in teaching, counseling or other non-Employer connected business without the prior approval of Employer.

Section 8. Annual Leave, Sick Leave, Etc.

Notwithstanding the provisions of this contract relative to termination of employment, the employee shall be subject to and governed by, the general personnel policies for county employees regarding the accrual of vacation, sick leave, other forms of leave and holidays.

Section 9. Automobile Allowance.

Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with Employer of an automobile. Employee shall provide his own automobile and maintain a current valid operator's license. Employer agrees to pay Employee an additional monthly salary in the amount of $450.00. Employee is solely responsible for all costs and expenses for the purchase, repair, maintenance, operation, insurance, license, registration costs or other expenses associated with such automobile. Employee is solely liable for the payment of any fines or fees upon a conviction of a violation of any traffic law or traffic ordinance. Employer agrees to pay Employee $.25 per mile for travel outside the geographical boundaries of Spalding County.

Section 10. General Expenses.

Employer recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Employee and hereby agrees to reimburse Employee upon presentation of receipt.

Section 11. Health Care Benefits & Insurance.

Employee shall be entitled to receive all Health Care, Life Insurance and Disability Insurance benefits offered to all other County employees, with no lapse of coverage for involuntary separation for a period of six months following the involuntary termination date. Employer also agrees to pay on behalf of employee the sum of $3,090 to provide full health care benefits for his dependents. In addition, Employee shall receive a $5,000.00 allowance on July 1 of each year for the purpose of purchasing other benefits as deemed necessary by the Employee.

Section 12. Retirement.

Employee shall not be subject to the general policies of the County regarding retirement as the same exists or may hereafter be amended due to the unique nature of his employment and profession. In lieu thereof, Employer shall pay to employee an amount equal to 13 1/2% of employee's annual salary on or before December 31 of each calendar year. Said distribution may be invested by employee at his sole discretion. However, payment by the County will be in accordance with the rules and regulations governing the payment of same promulgated by the Internal Revenue Service of the United States of America, and employee shall be responsible for any and all income tax liability, both federal or state, in respect to same.

Section 13. Dues and Subscriptions.

Employer agrees to budget and pay for the reasonable professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of Employer.

Section 14. Professional Development.

A. Employer hereby agrees to budget and pay for the reasonable travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the International City/County Management Association, ACCG, NACO and such other national, regional, state and local government groups and committees thereof, which Employee serves as a member. Said expenses shall be subject to budget limitations and County travel policies.

B. Employer also agrees to budget and pay for the reasonable travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of Employer. Said expenses shall be subject to budget limitations and County travel policies.

Section 15. Bonding.

Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 16. Indemnification.

Employer shall defend, save harmless and indemnify Employee against any tort, professional liability, claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of Employee's duties as County Manager except for those instances where the act or omission of Employee rises to the level of gross negligence, reckless conduct or intentional acts. Employer will litigate, compromise and/or settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 17. Other Terms and Conditions of Employment.

A. Employer, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, County Ordinances or any other law or policy.

B. All provisions of the County Code, and regulations and rules of Employer relating to vacation and sick leave, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee as herein provided.

C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual.

Section 18. Notices.

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

(1) Employer: Chairman Spalding County Board Commissioners

119 East Solomon Street

County Annex

Griffin, Georgia 30223

(2) Employee: William P. Wilson, Jr.

835 Hanover Drive

Griffin, Georgia 30224

Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.

Section 19.

The parties hereto agree that at anytime prior to May 31, 2001, the employee may resign his position as County Manager and shall be re-hired by Spalding County at the same pay grade and step that he had as of November 30, 2000.

Section 20. General provisions.

A. The text herein shall constitute the entire Agreement between the parties.

B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

C. If any provision, or portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed in its behalf by its Chairman and duly attested by its County Clerk, and Employee has signed and executed this Agreement, both in duplicate, the date and year first above written

BOARD OF COMMISSIONERS OF

SPALDING COUNTY

ATTEST:

(L.S.) Michael M. Ruffin

County Clerk

(L.S.) William P. Wilson, Jr., Employee

14. Set meeting date for SPLOST Discussions with the City of Griffin, the City of Orchard Hill and the City of Sunny Side. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres time and date of November 30, 2000 at 5:00 P.M. was unanimously approved by a vote of 5-0.

15. Discuss Bethany Road Speed Limit. Mr. Gallo has requested that the speed limit be reduced to 15 MPH on Bethany Road to help keep down the dust on the road. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres County Manager Ruffin was requested to send response letter to Gallo stating that we cannot reduce speed limit as requested and motion received a unanimous vote of 5-0.

16. Commissioner Martha McDaniel desires to discuss celebration of Spalding County’s Sesquicentennial. Mrs. McDaniel made the Board aware that Spalding County would be 150 years old December 20, 2001 and felt like a committee should be set up to discuss this. Motion made by Commissioner Kendall for Commissioner Martha McDaniel to be in charge of the Sesquicentennial Committee, seconded by Commissioner Childres and unanimously approved by a vote of 5-0.

XIII. REPORT OF COUNTY MANAGER

County Manager Ruffin reminded the Board of their SPLOST meeting on Monday night, November 13, 2000. He said that information for the current 1996 SPLOST projects and the 2002 SPLOST recommendations by County Manager would be placed in their mailboxes by Friday afternoon. He said that the swimming pool project is fund and will not have to borrow any money to make this project. He said the entire Capital Improvements Projects for 2002 SPLOST totals $111 Million and his recommendations total $45 Million. Both of these issues will be on the agenda for next Monday’s meeting.

XIII. REPORT OF COMMISSIONERS

Commissioner Massengale made a comment that he has been riding most of the roads that have been resurfaced in the County and the work looks real good.

Commissioner Johnie McDaniel asked Deputy County Manager Wilson why logging permits and abandoned well applications are copied to the Commissioners. Mr. Wilson said that they were copied for matter of information for the Board. The consensus of the Board was to continue getting these copies.

Commissioner Martha McDaniel had no comments.

Commissioner Childres had no comments.

Commissioner Kendall commented on the picketing going on at the City of Griffin Electric Department and he said that this has taken on more serious proportions than he thought it would as some vandalism has taken place and asked the news media to send the word out to help encourage people not to riot or vandalize.

Commissioner Kendall commented on the Hope Health Clinic and Health Department working more closely together and stated it was going to be brought to the Health Department meeting as they were going to be discussing the extension of the contract with Palmetto which expires March 2001. They provide very similar programs that the Hope Health Clinic provides through the Hospital Authority. He said that the services need to be coordinated better through the Hospital Authority and the Health Department. It is also going to be considered for the County submitting a request to the Hospital Authority for them to fund their portion of the Health Department’s budget and also mental health.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Board unanimously voted to go into a Closed Meeting.

XIV. CLOSED MEETING

The County Attorney desires a Closed Meeting to discuss potential litigation.

Those present were Commissioners Michael Kendall, Earle Childres, Martha McDaniel, Johnie McDaniel, Merrill Massengale, County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane. Community Development Director Michael Sabine was also present.

CLOSED MEETING AFFIDAVIT

[A copy of the affidavit must be filed with the minutes of the meeting]

STATE OF GEORGIA

COUNTY OF SPALDING

AFFIDAVIT OF CHAIRMAN

M. Michael Kendall, Chairman, of the Spalding County Board of Commissioners, being duly sworn, states under oath that the following is true and accurate to the best of his knowledge and belief:

1.

The Spalding County Board of Commissioners met in a duly advertised meeting on November 6, 2000.

2.

During such meeting, the Board voted to go into closed session.

3.

The executive session was called to order at 7:40 p.m.

4.

The subject matter of the closed portion of the meeting was devoted to the following matter(s) within the exceptions provided in the open meetings law:

Yes Consultation with the county attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the county or any officer or employee or in which the county or any officer or employee may be directly involved as provided in O.C.G.A. § 50-14-2(1);

No Discussion of tax matters made confidential by state law as provided by O.C.G.A. § 50-14-2(2) and (insert the citation to the legal authority making the tax matter confidential)__________;

No Discussion of the future acquisition of real estate as provided by O.C.G.A. § 50-14-3(4);

No Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a county officer or employee as provided in O.C.G.A. § 50-14-3(6);

No Other (describe the exemption to the open meetings law): ______________________________________ ____________________________ as provided in (insert the citation to the legal authority

exempting the topic)_____________________

.

This the 6th day of November 2000.

 

Chairman

Spalding County Board of Commissioners