2011 Twiggs Code · The Official Code of Twiggs County, Annotated 2011 3 Organization The...

The Official Code of

Twiggs County, Georgia, Annotated

2011 Electronic Edition

Current Through February 28, 2011 Supercedes All Previous Versions

David Tallman, Editor

Introduction to the 2001 Code

Purpose of this Code This code was created pursuant to the O.C.G.A. 36-80-19, which directs all local governing authorities in the state, by January 1, 2002, to “provide for the general codification of all the ordinances and resolutions of that unit of local government having the force and effect of law.” Said section further provides that such codification shall be formally adopted by the local governing authority, published promptly, distributed to certain specified parties, and thereafter shall be kept current and made available to the public for inspection and for sale at reasonable cost. As of the date of its adoption, then, this Code represents the local law of Twiggs County. It specifically repeals many old and obsolete ordinances and resolutions, and provides specific guidelines for the inclusion of future ordinances and resolutions. It also contains a savings clause to protect against the accidental repeal of past ordinances and resolutions that, while inadvertently excluded from this Code, are still relevant and necessary. Compiling this Code was a laborious and difficult task. Records have not always been well maintained, and there can be no doubt that many older but perhaps still important ordinances and resolutions have simply been lost or misplaced, and as a result are not part of this codification. It is for precisely this reason that this Code, and its maintenance in the future, is necessary. There should be no doubt as to what the state of the law is, and the maintenance of a current and up-to-date Code makes the law easy to find and research. The design of this Code is meant to make it useful for both scholarly and practical research. It includes research aids that comment on the known history of the ordinances and resolutions compiled herein, and notes where the evidence suggests documents have been lost. It reproduces language precisely as it was enacted by the Twiggs County Board of Commissioners, even where that language includes typographical or grammatical errors, or where the sense and meaning of such language is unclear.

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The Official Code of Twiggs County, Annotated 2011

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Organization The provisions of this Code began as resolutions and ordinances enacted by the Board of Commissions of Twiggs County over a period of many years. These original documents were organized into an outline of board subject areas, such as “core county operations,” “business regulation,” “planning and zoning,” and so on. Each of these major subjects is called a “Title” and is assigned a roman numeral. Thus, “Title II” is “Core County Operations.” Under this organizational scheme, up to one hundred “chapters” can be placed within each “title.” In addition, each “chapter” is currently subdivided to allow for an additional 100 “sections,” a “section” being a resolution or ordinance that has been formally adopted and slated for integration into this Code.

Thus, a section number will appear as follows:

225.102 The first digit indicates that the section is under Title II. The second and third digits indicate the chapter number. In the above example, the Title is II, and the chapter is 225. The decimal point makes the division between chapter and section. The above example refers to section 102 of chapter 225, cited simply as section 225.102. Some areas of this organizational scheme are already large: Chapter 275 (personnel policies) is broken down into subchapters (275.100 series is reserved for pay and compensation matters; the 200 series is reserved for enactments relating to worker compensation, and so forth). Large swaths of the system are empty, but available for the future proliferation which history suggests is inevitable. While this arrangement leaves ample room for future growth in the Code, it is deliberately designed to capitalize on the decimal system to allow for constant expansion. While many Codes have outgrown their original scheme and their number systems have become hopelessly confused, this present Code can grow forever. Should every available number in a given chapter be used, or should a new section be enacted which logically belongs in a highly-congested subchapter, a new section can nonetheless be inserted simply by adding another digit. Thus, if for example subchapter 300 of chapter 275 were to be entirely filled, but a new section that properly belongs between, say, 275.320 and 275.321 under


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the organizational outline, it could be added as section 275.3215. And, of course, it could be further subdivided with additional digits: a subsequent section that belongs between 275.321 and 275.3215 would be inserted with the number 275.32125. Although it assumed that this Code will be periodically substantially revised and re-enacted, the same system of decimalized sectional divisions will also allow supplements to be inserted within a master copy of the Code. Thus, a page 50.5 could be added after page 50 if necessary, maintaining the overall organizational scheme of the Code pending a complete revision and republication.

Research Aids In addition to the organizational outline adopted with the enactment of this Code, research aids have also been included herein. As articulated in section 100.100, these research aids are purely advisory and do not represent either legislative intent or controlling authority. They are, rather, annotations inserted for the convenience of researchers by the editor of this volume. Each section is followed by an italic statement explaining when and under what ordinance or resolution number the section was adopted, if known; if not known, that fact is also noted. In addition, a list of references made within the section to authorities outside this Code is provided. In most cases, these are citations to state or federal law; in some instances, they are to regulations or non-legal documents, such as building codes promulgated by private organizations. For the convenience of the research, all such references are cross-referenced in Appendix II of this Code. Where appropriate, editor’s notes are also placed at the end of a section. Notes which refer to the entire section are not keyed, but explanatory notes referencing particular provisions of the section will be linked either by a symbol (ie, an asterisk *) or by a superscript number (ie, 1). Many of these notes merely indicate that an error in the text is part of an original enactment, not an error made by the editor; these are noted as “Thus in the original.” In addition, cross references are given to other sections of this Code which might be of interest or relevance to the researcher. Such cross-references are not exhaustive, but are meant to guide the researcher seeking to cover all enactments in a given subject area. Used in conjunction with the section numbering scheme, locating sections of interest should be relatively simple.


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That task should be further simplified by the index headings, the last item which appears in the annotations at the end of each section. The index headings refer to the major subjects under which every section in this Code can be found, in the topical index at the back of this document. A beginner unfamiliar with this Code but looking for all current ordinances and resolutions on a particular subject might start with the index, which should lead quickly to an understanding of the numerical organization, and to the desired sections. Several additional research aids are also included. Three comparative tables at the back of the Code cross-list each section by section number (Table I), by date or enactment, if known (Table II), and by the original ordinance or resolution number, if known (Table III). These research aids are intended to ensure that any user of the Code will be able to navigate it relatively smoothly. Someone looking for material on a given subject matter can search the table of contents or the index. Someone looking for an ordinance or resolution by number can find its current designation by scanning Table III. Someone who recalls the date an ordinance or resolution was adopted can quickly locate it using Table II.

Corrections

Unfortunately, it is probable that this codification contains its fair share of errors. If you discover an error, suspect an error or omission, or have questions or comments about this Code, please direct them to the County Administrator, P.O. Box 202, Jeffersonville, GA, 31044, 478-945-3629, or to the county attorney, Tom Richardson, at Chambless, Higdon & Carson, LLP, P.O. Box 246, Suite 200, 577 Walnut Street, Macon, GA 31298-5399, 478-745-1181.

Acknowledgements I would like to thank the Board of Commissioners of Twiggs County for making available the resources of the County to assist me in compiling this Code; the County Attorney, Tom Richardson, for giving me the opportunity to serve as editor of this Code, a challenge I have savored; and the staff of Twiggs County, especially County Administrator Glen Barton and his administrative staff, for their help in digging through the dusty files that represent the history of Twiggs County. Finally, I thank my wife, Darcy L Jones, for her assistance and support in this project, and in all else, to whom I respectfully dedicate this document.


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David A. Tallman, Editor Chambless, Higdon & Carson, LLP Macon, Georgia December 2001 As required by O.C.G.A. 36-80-19, an official copy of this Code is on file at: Georgia State Law Library 40 Capitol Square SW Atlanta, GA 30334 Phone 404-656-3468 Fax 404-657-7283 [email protected] gsll.home.mindspring.com


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Introduction to the 2011 Code

This Code supercedes the 2001 Official Code of Twiggs County, Georgia, Annotated, as well as all supplements and updates thereto. Hewing closely in format to the 2001 Code and serving the same purposes pursuant to O.C.G.A. 36-80-19, this electronic version is formatted for easy printing but is itself the authoritative Code. The paper version of the code was discontinued in 2007. This edition immediately supercedes the 2010 edition and replaces all previous editions and supplements. Copies of earlier editions should nevertheless be retained for reference, as they embody the state of the law during the relevant periods.

Set in Baskerville Old Face, 14 point, the various stylistic changes to the Code

are designed for ease of reading both on screen and on paper. Stored in Adobe Acrobat (.pdf) format, this document should be readable in most versions of Adobe Acrobat. Henceforth, the Code will be updated annually by a replacement CD-ROM disc. This eliminates the cumbersome process of interfiling new pages into the 2001 Code. Copies of this Code or its future editions can be obtained from the Twiggs County Administrator.

Please report any errors or omissions in the Code so that they may be

corrected in future editions. To make such a report, or have questions or comments about this Code, please direct them to the County Administrator, P.O. Box 202, Jeffersonville, GA, 31044, 478-945-3629, or to the county attorney, Tom Richardson, at Chambless, Higdon & Carson, LLP, P.O. Box 246, Suite 200, 577 Walnut Street, Macon, GA 31298-5399, 478-745-1181.

David Tallman, Editor February 2011


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Table of Abbreviations The following abbreviations are frequently used in this volume: ¶ Paragraph § Section (of this Code) ACCG Association of County Commissioners of Georgia CFR Code of Federal Regulations COBRA Consolidated Omnibus Budget Reconciliation Act (1986) Ga. Comp. R. & Regs. Official Compilation, Rules and Regulations of Georgia IRMA Interlocal Risk Management Agency OCGA Official Code of Georgia, Annotated PL Public Law STAT Statutes at Large USC United States Code


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Table of Contents Cover 1 2001 Introduction 2 2011 Introduction 7 Table of Abbreviations 8 Table of Contents 9 TITLE I: LEGAL AUTHORITY; CODIFICATION; ETC 15 100.100 Code Adopted 16 100.101 Updating of County Code; Cost of Copies Thereof 26 100.205 Quarterly Publication Requirement Abolished 28 TITLE II: CORE COUNTY OPERATIONS 30

200.050 Service Delivery Strategy 33 201 County Courthouse 201.101 Temporary County Courthouse 35 205 Public Meetings 205.099 Policies and Procedures for Public Meetings 36 205.100 Conduct of Public Meetings 38

205.101 Scheduling of Public Meetings 40 205.102 Rules of Order for the Conduct of Public Meetings 42 205.200 Public Hearings Concerning Planning and Zoning 45 210 Insurance 210.100 County Insurance Through ACCG-IRMA 50 212 Public Contracting 212.100 (Superceded) 52 212.105 Awarding of Contracts Pursuant to State Law 53 212.110 Awarding of Contracts by Bid 54 215 Public Records

215.100 Maintenance of Public Records 57 215.101 Clerk to be Custodian of Public Records 59

220 County Property 220.100 Restrictions on Use of County Equipment, Employees 61 220.200 Policy on Use of Equipment Donated to Fire Department 62 225 Officers 225.101 Code Enforcement Officer 63 225.102 County Administrator 65


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250 Boards & Commissions (Generally) 251 Board of Tax Assessors 251.100 (Superceded) 68 251.101 (Superceded) 69 251.102 Terms of Office of Members of the Board 70 251.200 Tax Assessor Employees Part of County Civil Service 71 252 Landfill Commission 252.100 (Superceded) 72 252.105 (Superceded) 73 252.110 Appointment and Removal of Commissioners 74 253 Planning Commission 253.100 Planning Commission Created 76 253.200 Planning Commission Procedures 77 260 Financial Accounting Practices 260.100 Accounting Practices in the Sheriff’s Commissary Fund 82 275 Personnel Policies 275.110 Ranks, Grades, and Compensation Schedules 83

275.210 Worker Compensation for Volunteer Firefighters 85 275.220 Worker Compensation Coverage for Elected Officials 86 275.301 COBRA Benefits 87 275.410 Retirement System Revised 89 275.411 Retirement System Revised 90 275.415 Hardship Distributions from Retirement Plan 91

275.420 Certain Income Excluded from Calculation Of Retirement Benefits 92 275.500 Employee Handbook 93 275.501 (Superceded) 151 275.502 Suspension of Contributions to the County 401(k) Plan 152 275.503 Employee Drug Abuse 153

275.510 Legal Representation of County Officials, Employees 163 275.511 Indemnification Against Legal Expenses 165 275.515 Workplace Rules 167 275.520 County Employees Ineligible to Serve on County Boards 168 280 Ethics 280.100 Ethical Code 169 TITLE III: TAXATION, REVENUE, AND FINANCE 179 310 Taxes Imposed Upon Businesses 310.001 Business License Tax Imposed on Financial Institutions 181 310.002 Business Occupation Tax 183


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310.003 Occupation Tax and License Fee 185 320 Permit Fees 320.001 Permit Fee Schedule 193 330 Court Filing Fees 330.001 Court Filing Fees 195 340 Tax Exemptions 340.001 Freeport Tax Exemption 196 340.100 Property Tax Exemption for the Elderly 197 350 Tax Procedure 350.001 Tax Penalties 198 350.002 Property Tax Due Date 200 TITLE IV: JUDICIAL AFFAIRS & LAW ENFORCEMENT 201 400.110 Compensation of Judges 203 410 General County Law Enforcement 410.100 Enforcement of County Ordinances 204 425 Liquor Control 425.100 Sale of Malt Beverages and Wine 206 425.101 Pouring License 215 435 Controlled Substances 435.010 Drug-Related Paraphernalia 225 450 Animal Control 450.101 Dangerous Dog Ordinance (1988) 226 450.102 Dangerous Dog Ordinance (1989) 228 450.103 Penalties for Failure to Control Dangerous Dogs 230 475 Miscellaneous Regulations, Offenses, and Penalties Relating to Personal Conduct and the Public Peace & Order 475.101 Penalty for Certain Violations 232

475.201 Vandalism of Signs, Signals, and Traffic Control Devices 233 475.301 Littering 235

475.401 Disturbing the Peace 237 475.402 Disorderly Conduct 241 480 Criminal Forfeiture Provisions 480.100 Distribution of Proceeds Received in Criminal Forfeitures 246 490 Health and Welfare of Persons in Custody 490.100 Regulation of Tobacco in County Jail 247 TITLE V: BUSINESS REGULATION 248 505 Regulation of General Business Practices 505.101 Regulation of the Posting of Signs 249


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505.200 Adult Entertainment Establishments 251 510 Regulation of Agricultural Enterprises 510.010 Prohibition of Certain Livestock and Poultry Operations 273 510.011 Regulation of Certain Commercial Feedlot Businesses 275 510.012 Commercial Livestock Operations 277 550 Regulation of Public Utilities

550.110 (Repealed) 278 550.200 Natural Gas Regulatory Powers 279 550.201 Public Utility Accommodations 281 550.202 Adoption of State Regulation of Public Utilities (1992) 283 550.203 Adoption of State Regulation of Public Utilities (2001) 286

575 Regulation of Telecommunications Enterprises 575.101 Grant of Cable Television Service Franchise 287 575.102 Transfer of Cable Television Franchise (1989) 295 575.103 Transfer of Cable Television Franchise (1994) 296 575.104 Transfer of Cable Television Franchise (2000) 298 TITLE VI: ENVIRONMENT, NATURAL RESOURCES, LAND USE,

PLANNING & ZONING 300 610 Water Quality Protection 610.010 Water Wellhead Protection 302 620 County Water & Sewer System 620.010 Non-payment for County Water & Sewer System 305 620.011 Water Theft 306 625 Roads & Bridges

625.101 Regulation on Use of Public Roads for Private Hauling 309 625.102 Regulation of Use of Heavy Equipment on Public Roads 314 625.103 Requirement of Posting Bond Pursuant to 625.102 322 625.201 Road Access Procedure 323 625.202 Access to Public Roads from Certain Private Properties 326 625.250 Development of Private Roads 328 625.301 Temporary Closure of Public Roads 329 625.401 Regulation of the Posting of Signs along Public Roads 332

650 Planning and Zoning 650.050 Subdivision of Land for Housing Development 336 650.055 Minimum Lot Size for Residential Development 337 650.075 Planning and Zoning Ordinance 339 650.100 Comprehensive Land Development Ordinance 345 650.410 Location and Relocation of Mobile Homes (1971) 538 650.415 Location and Relocation of Mobile Homes (1987) 541


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650.420 Bond Required for Installation of Mobile Homes 543 660 Design & Building Codes 660.100 Design & Construction Standards for Subdivisions 545 660.310 Building Permits (1986) 607 660.311 Building Permits (1987) 609 660.315 Proof of Building Permit Required 611 660.320 Building Inspection Enforcement Procedure 612 660.330 Enforcement of Georgia State Minimum Standard Codes 636 675 Sanitation & Waste Management & Disposal 675.110 Collection and Disposal of Solid Waste 638 675.120 Operation of Solid Waste Management Site 640 675.201 Middle Georgia Regional Solid Waste Plan 642 675.310 Joint Solid Waste Management Plan 644 675.316 Joint Landfill, Twiggs & Wilkinson Counties (1993) 646 675.317 (Superceded) 649 675.318 (Superceded) 650 675.319 (Superceded) 651 675.350 (Superceded) 652 675.351 (Superceded) 653 675.352 (Superceded) 654 675.400 Solid Waste Reduction 655 675.500 Privatization of Solid Waste Management 656

675.501 Privatization of Solid Waste Management 657 680 Parks & Recreation 680.100 Regulation of Use of Spring Valley Park 658 690 Conservation & Environmental Protection 690.100 Coordination with the Army Corps of Engineers 660 690.400 Outdoor Watering 662 690.510 Soil Erosion and Sedimentation Control (1977) 665 690.515 Soil Erosion and Sedimentation Control (1988) 675 690.520 Soil Erosion and Sedimentation Control (1989?) 687 690.600 Middle Georgia Clean Air Coalition 702 690.610 Use of Alternative Fuels 704 690.620 Anti-Idling for Air Quality Protection 706 690.700 Support of Continued Use of Prescribed Fire 708 TITLE VII: PUBLIC HEALTH & WELFARE 710 750 Economic Development 750.510 Joint Development Authority 711

750.520 Economic Development Projects of


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Joint Development Authority 713 TITLE VIII: EMERGENCY MANAGEMENT AND DISASTER PREVENTION & PROTECTION 714 810 Emergency Management Agency 810.100 Emergency Management Agency 715 810.110 Emergency Mutual Aid Agreement 719 810.120 Emergency Services Management 723

810.130 National Incident Management System 725 820 911 Emergency Services 820.010 911 Emergency Services Authorized 727 820.015 Service Charge for 911 729 820.020 Enhanced 911 Emergency Services 730 820.025 911 Services Reaffirmed 732 830 Flood Damage

830.100 Flood Damage Prevention (1994) 733 830.105 Flood Damage Prevention (1996) 744

830.210 Flood Insurance 764 840 Fire Department 840.010 Fire Department Authorized 768 Appendix I Authorizing Legislation 769 Appendix II Statutes & Other Authorities Cited 783 Appendix III Organization Chart (Unofficial) 789 Appendix IV Building Permit Fee Schedule 790 Comparative Table I Sections in Section Number Order 792 Comparative Table II Sections in Date Order 797 Comparative Table III Sections in Ordinance/Resolution Number Order 803 Superceded Sections 811 Index 812


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Title I: Legal Authority; Codification; Etc. Section 100.100 Code Adopted Section 100.101 Updating of County Code; Cost of Copies Thereof Section 100.205 Quarterly Publication Requirement Abolished


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Section 100.100: An ordinance to enact the Official Code of Twiggs County, Georgia, Annotated.

I. Code Adopted; Effect Thereof. 1. Purpose and Adoption of Code. Whereas the General Assembly of

Georgia has, at O.C.G.A. § 36-80-19, directed that each local government in the state shall codify its ordinances and resolutions, together with relevant state statutes, rules, regulations, and certain other matter, the Board of Commissioners of Twiggs County, Georgia, hereby adopt this Official Code of Twiggs County, Georgia, Annotated, and herein further provide for continuing compliance with the requirements of O.C.G.A. § 36-80-19. This Code shall be henceforth cited as the Official Code of Twiggs County, Georgia, Annotated, or the C.T.C., and sections contained herein shall be cited as § ___, Official Code of Twiggs County, Georgia, Annotated, or as § ___, C.T.C.

2. Repeal of Outdated and Obsolete Resolutions and Ordinances. Whereas

research has revealed that many older ordinances and resolutions of Twiggs County which may still have legal effect have nevertheless fallen into disuse and become obsolete, and clear records of same have not been maintained, all resolutions and ordinances enacted by the County of Twiggs hitherto are hereby repealed, and this present Official Code of Twiggs County, Georgia, Annotated, is enacted in their place; and except as otherwise provided herein, any ordinances or resolutions hereby repealed and not hereby re-enacted shall upon the effective date of this Code cease to have legal force and effect, unless subsequently re-enacted, in which instance they shall not have continuity of effect but shall be new resolutions or ordinances effective only upon their new enactment.

3. Continuing Effect of Provisions Hereby Re-enacted. This Code shall

become effective immediately upon its adoption by the Board of Commissioners of Twiggs County, except that the provisions repealed and re-enacted by this Code, as provided in paragraph 2 above, insofar as they have the same legal effect as those ordinances and resolutions existing at the time this Code becomes effective, shall be considered as continuations thereof and not as new enactments. The repeal and re-enactment of current resolutions and ordinances provided for herein shall not operate to interrupt or alter the legal effect of same, and all ordinances and resolutions contained in this present Code shall have continuity of force and effect, despite their repeal and re-enactment, from the date when first enacted, unless and until subsequently repealed or amended by the Board of Commissioners, unless or until overruled or otherwise invalidated by a court of competent jurisdiction or other


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duly constituted legal authority, and unless unconstitutional or inconsistent with state or federal law. 4. Limitation on Effect of Repeal and Re-Enactment. Notwithstanding the provisions of this section to the contrary, the repeal and non-re-enactment of ordinances and resolutions previously adopted shall not have the effect of abolishing any existing office, board, commission, officer, or position of employment, if such is at present in active and current use by the County; nor shall it abrogate or impair any valid and enforceable contract nor revoke any franchise; nor shall it otherwise compromise or undermine any vested right or interest of any person, group, organization, or entity; nor shall it include the repeal or invalidation of any ordinance, resolution, rule, or regulation which is required to remain in force by state or federal law, even if such resolution or ordinance is not explicitly re-enacted by this Code. 5. Effect on Offenses. The repeal and re-enactment or the repeal and non-re-enactment hereby of an ordinance or resolution shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance or resolution repealed. 6. No Revival. The repeal of an ordinance or resolution shall not cause any ordinance or resolution in force before or at the time of the ordinance repealed took effect to revive, unless specifically provided.

7. Technical Corrections Hereby Adopted. Any purely technical error in this Code as adopted, including misspellings, typographical errors, inconsistency or mistakes in the numbering scheme, and other mistakes which are obvious and unambiguous in their effect on the meaning of the language, and where there can be no controversy as to the original intent or the legal meaning, and any such errors carried forward in this Code from the original enactment of any section re-enacted by this Code, is hereby deemed corrected by authority of the Board of Commissioners. The existence of such aforesaid errors shall not be deemed to nullify or impair the effect of any part of this Code. Any substantive change to the sense, meaning, or legal effect between the language of the original enactment of any ordinance, resolution, rule, regulation, or policy hereby re-enacted is in error and the language of the original enactment is hereby substituted in lieu of any such error.

8. Except where specifically provided, this Code shall apply only in the unincorporated areas of the County.


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9. Ongoing Re-Enactment. This Code shall be deemed to be re-enacted in full by each supplement, update, or successor hereto which incorporates new ordinances, resolutions, rules, regulations, policies, or amendments duly and officially adopted by the Board of Commissioners. II. General Definitions and Terminology Used Herein.

1. Plain Meaning of Words and Phrases. Unless otherwise specifically provided, words and phrases shall be taken in their plain and ordinary sense, but technical words and phrases having a particular and appropriate meaning in law or in any other specific discipline, profession, science, trade, or art, shall carry such particular and appropriate meaning herein, if so dictated by the context. Definitions provided in any section of this Code shall control in that section, if they conflict with the general definitions provided by this section. 2. Definitions Applicable Herein and Subsequently. The definitions and provisions of this subsection shall apply also to resolutions and ordinances adopted hereafter, including to amendments to this Code, and to any subsequent supplements or updates to this Code, but this provision shall not be construed to prohibit the amendment, addition to, or replacement of definitions or other provisions contained herein. 3. Definitions of General Application. Except as otherwise provided by paragraph one of this subsection, and unless the content clearly indicates otherwise, the following terms shall mean: “Amendment,” a written, duly and officially adopted and certified action of the Board of Commissioners of Twiggs County which has the alters the language of an ordinance, resolution, rule, regulation, or policy previously adopted by said Board, and carrying the force and effect of law; “Board of Commissioners,” the Board of Commissioners of Twiggs County, Georgia; “Commissioners,” the Board of Commissioners of Twiggs County, Georgia;

“County,” Twiggs County, Georgia.


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“Courtesy Resolution,” a written, duly and officially adopted and certified action of the Board of Commissioners of Twiggs County, the sole effect of which is to recognize, honor, commend, memorialize, or otherwise state a position of the Board of Commissioners, which does not have the force and effect of law; “C.T.C.” or “CTC”; the Official Code of Twiggs County, Georgia, Annotated; “Editor,” the person authorized by the Board of Commissioners to create, supplement, update, and maintain the Official Code of Twiggs County, Georgia, Annotated; “Federal,” in either its noun or adjective form, the federal government of the United States of America or, adjectivally, pertaining thereto; unless the context clearly indicates otherwise. “Governing Body,” the Board of Commissioners of Twiggs County, Georgia;

“O.C.G.A.” or “OCGA,” the Official Code of Georgia Annotated; “Official Code of Twiggs County, Georgia, Annotated,” the present Code as adopted by the Board of Commissioners of Twiggs County, Georgia, together with any supplements, updates and amendments thereto, and any and all ordinances, resolutions, rules, regulations, or policies subsequently incorporated therein; “Ordinance,” a written, duly and officially adopted and certified action of the Board of Commissioners of Twiggs County, carrying the force and effect of law; “Party,” a person, as defined herein. “Person,” a natural person, a corporation, partnership, limited liability company, association, organization, or other entity. The term shall be construed liberally in favor of inclusion;

“Policy,” a written, duly and officially adopted and certified action of the Board of Commissioners of Twiggs County, not characterized as an “ordinance” or a “rule” but carrying the force and effect of law “Proclamation,” a courtesy resolution;

“Regulation,” except where the context indicates a rule or regulation of the

state of Georgia or the federal government, a written, duly and officially adopted and


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certified action of the Board of Commissioners of Twiggs County, not characterized as an “ordinance” or a “rule” but carrying the force and effect of law;

“Resolution,” a written, duly and officially adopted and certified action of the Board of Commissioners of Twiggs County, carrying the force and effect of law;

“Rule,” except where the context indicates a rule or regulation of the state of

Georgia or the federal government, a written, duly and officially adopted and certified action of the Board of Commissioners of Twiggs County, not characterized as an “ordinance” or a “rule” but carrying the force and effect of law;

“Section,” an ordinance or resolution which has been assigned a number and

incorporated into this Code, or successor Code. “State,” the State of Georgia, unless otherwise specifically or contextually indicated. “Subsection,” any clause, paragraph, chapter, or any other organizational constituent part of an ordinance, resolution, or section of this Code, regardless of numbered, styled, or denominated.

4. Unless otherwise specifically provided, whenever words importing the plural number are used in describing or referring to any matter, parties or persons, any single matter, part or persons is included, although distributive words are not used. 5. Unless otherwise specifically provided, whenever any subject matter, part or person is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, are included. III. Use and Interpretation of this Code. 1. Citation. This Code, effective upon its enactment, shall be the official source for all ordinances, resolutions, rules, regulations, and policies of the Board of Commissioners of Twiggs County having the force and effect of law, except as otherwise provided herein. Accordingly, citation to ordinances, resolutions, rules, regulations and policies shall be made to this Code and any supplements, updates, or successors thereto, except during such time between the adoption of new


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ordinances, resolutions, rules, regulations, and policies and the time when same are incorporated herein.

2. Originals Control. Should any material difference exist between the operative language of an original signed and certified copy of an ordinance, resolution, rule, regulation, or policy duly adopted by the Board of Commissioners, and that same ordinance, resolution, rule, regulation or policy as it appear in this Code or any update, supplement, or successor hereto, the original shall control, and provision shall promptly be made for correction to the version appearing in the Code. 3. Inconsistent Provisions. Where provisions enacted as part of this code are inconsistent, the section with the latest original enactment date controls and any earlier provisions are thereby superceded and repealed. Where the date of original enactment is unclear or unknown, documented actual current practice of the county controls. Where no other authoritative means of resolving inconsistencies can be found, the traditional legal canons of construction shall be used. 4. Severability. Unless otherwise specifically provided, the provisions of every section of this Code are severable. If any section is found by a court of competent jurisdiction to be unconstitutional, or is specifically invalidated by a court of competent jurisdiction, the Georgia General Assembly or the United States Congress or any other duly authorized body having supremacy over the ordinances and resolutions of Twiggs County, the remaining provisions of said section are valid unless the said higher authority finds the valid provisions are so essentially and inseperably connected with, and so dependent upon, the void provision that it cannot be presumed the Board of Commissioners of Twiggs County would have enacted the valid provisions without the void one; or unless the said higher authority finds that the valid provisions, standing alone, are incomplete and incapable of being executed in accordance with the intent of the Board of Commissioners of Twiggs County when it enacted the provisions in question. 5. Research Aids Have No Legal Effect. Neither the bold face section headings, nor the statutory references, editorial notes, indexing, cross-references, nor the numbering or other organizational scheme of this Code shall have any legal effect, but shall be informational and explanatory only. No such editorial features, nor the annotations or comments made by the editor, shall be construed as having any legal authority as to the intent, purpose, or true meaning of the language adopted by the Board of Commissioners.


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6. “Ordinance” and “Resolution” Interchangeable Terms. The styling of sections herein as either “ordinance” or “resolution” shall have no legal effect or significance, and shall merely reflect the style under which the section was originally adopted. 7. Implicit Repeal. The enactment of a resolution or ordinance, in the absence of language to the contrary, shall not repeal any resolution or ordinance theretofore passed dealing with the same matter. IV. Updating, Supplementing, Revising, and Maintaining the Code. 1. Code to be Kept Current.

a. Continuing Revision of the Code. The Board of Commissioners shall

keep the Official Code of Twiggs County, Georgia, Annotated, current by providing for the incorporation of new ordinances, resolutions, rules, regulations and policies therein, and by providing for the removal of repealed provisions thereof, and for the updating of the index, table of contents, and other research aids therein. b. Retention of Originals. The Board of Commissioners shall designate a secure and permanent repository for the permanent retention and storage of all original signed and certified copies of ordinances, resolutions, regulations, rules, and policies it shall adopt. Such original documents shall be made available to the editor of this Code as needed, and shall be maintained as public records, and made available to the public, as required by state law. 2. Editor to be Appointed; Powers and Duties. The Board of Commissioners shall appoint an editor to carry out the requirements of this section. In addition to such other duties as the Board may hereafter assign, the duties of the editor shall include:

a. Incorporating ordinances, resolutions, rules, regulations, and policies adopted by the Board of Commissioners into this code, as herein provided; b. Revising, updating, supplementing and maintaining the Code’s research aids, including its numbering and organizational scheme, table of contents, index, and other apparatus;


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c. Preparing appropriate editorial notes which, in the judgment of the editor, will be of assistance to users of the Code, but which shall not include offering legal opinions or interpretations of the Code or any part thereof; d. Assigning section numbers to ordinances, resolutions, rules, regulations, and policies designated for inclusion herein; e. Renumbering sections and subsections as necessary; f. The making of technical and clerical changes for the sense of clarity, grammar, or internal consistency of usage or organization scheme, provided that no such changes would in any way alter the sense, meaning, or legal effect of any language; g. Correcting misspellings, manifest clerical errors, including punctuation; h. Inserting any obvious omission or correcting any obvious inaccuracy, and noting that such change was made; and i. Selecting typefaces, types sizes, fonts, and the uses of boldface, underlining, italic face, margins, indentation and justification schemes, etc., to present a consistent, coherent, and attractive physical embodiment of the Code.

3. Limitation on Editor.

a. Editor Shall Not Alter Sense of Language. The editor shall at no time alter the sense, meaning, or legal effect of any language adopted by the Board of Commissioners, nor shall editorial notes or research aids incorporated in the Code by the editor extend to interpreting said language or speculating on its legal effect, constitutionality, validity, or merit. Any substantive change to the sense, meaning, or legal effect of any language adopted by the Board of Commissioners, nor shall editorial notes or research aids incorporated in the Code by the editor extend to interpreting said language or speculating on its legal effect, constitutionality, validity, or merit. Any substantive change to the sense, meaning, or legal effect between the language of the original enactment of any future ordinance, resolution, rule, regulation, or policy which the editor incorporates into this Code is in error and the language of the original enactment shall control and be deemed part of this Code in lieu of any such error.


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b. Editor Not Authorized To Resolve Ambiguities. The editor shall not attempt to resolve ambiguities in the sense, meaning, or legal effect of language adopted by the Board of Commissioners, but shall have the authority to make explanatory notes on these and other aspects of the language, for the convenience and assistance of users of the code. The editor shall not make changes to give meaning to language duly enacted which does not contain a clear and readily-apparent meaning, nor shall the editor attempt to rationalize language which is not rational on its face or which admits of different possible correct interpretations. The editor’s notes and commentaries shall not impose as authoritative any meaning or interpretation on any language. 4. Only Certain Documents to be Incorporated into Code. Unless otherwise specifically provided by action of the Board of Commissioners, any and all ordinances and resolutions having the force and effect of law shall be incorporated by the editor into the Code, except that annual or special ordinances resolutions or ordinances relating to taxation, revenue, or finance and subject to expiration or annual re-enactment; any ordinances and resolutions subject to expiration or annual re-enactment and not establishing a general rule of application to the general public; any ordinances and resolutions relating only to private matters or individuals and not of general application; any ordinances and resolutions applicable only for a limited time; and any leases, agreements, contracts with private parties, road closures or abandonments; shall not be incorporated into this Code. In addition, no courtesy resolution or proclamation, not having the force and effect of law, shall be incorporated into this Code, unless otherwise specifically provided by action of the Board of Commissioners. 5. Repeal of Specific Sections. Any ordinance, resolution, rule, regulation, or policy now part of this Code which the Board of Commissioners shall hereafter repeal shall be specifically identified by section number and, upon repeal, shall be stricken from the Code. A general provision calling for the repeal of any section in conflict with a new section shall not cause existing language to be removed from this Code, though the editor may cross-reference sections which appear likely to be affected by such general repealer. 6. Use of Section Numbers. Sections numbered assigned within this Code shall not be reused after a numbered section has been repealed. If a numbered section is amended, the same section number shall be retained. If a section is replaced in its entirety with a new section on the same subject, the new section shall keep the same number if the action is characterized as an amendment, but shall take a new number if the action is characterized as a new enactment.


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V. Code, and Other Documents to be Available to Public.

a. Number of Copies. The Board of Commissioners shall establish the number of copies of this Code and any supplements, updates, or successors thereof to be printed, and shall establish the number of copies of each ordinance, resolution, rule, regulation, or policy it adopts to be printed. b. Distribution of Code. The Board of Commissioners shall establish a list of recipients of this Code and of any supplements, updates, or successor thereto, including any and all ordinances, resolutions, rules, regulations or policies adopted by the Board, regardless whether designated for inclusion in said Code. c. Available for Public Inspection. A copy or copies of this Code and of any supplements, updates, or successors thereto, include any and all ordinances, resolutions, rules, regulations or policies adopted by the Board, regardless whether designated for inclusion in said Code, shall be available for public review at no cost and at reasonable times, at places designated by the Board of Commissioners. d. Sale to Public. The Board of Commissioners shall fix a reasonable price at which copies of this Code shall be sold to any interested person not designated to receive free copies of same; and shall fix a reasonable price at which a subscription to any and all updates, supplements, and successors to this Code may be purchased; and shall also fix a reasonable price at which a subscription to any and all ordinances, resolutions, rules, regulations or policies, regardless whether designated for inclusion in said Code, may be purchased. Adopted December 18, 2001. Statutory References: 36-80-19. Cross References: § 100.101 Index Headings: Board of Commissioners.


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Section 100.101: A resolution providing for the updating of the Official Code of Twiggs County, Georgia, Annotated, and other matters. WHEREAS it is in the public interest for the law to be accessible and available; and WHEREAS the General Assembly has directed in Section 36-80-19 of the Official Code of Georgia, Annotated, that the ordinances and resolutions of each county shall be codified; and WHEREAS the ordinances and resolutions of Twiggs County have been so codified as Official Code of Twiggs County, Georgia, Annotated; and WHEREAS Section 100.100 of the Official Code of Twiggs County, Georgia, Annotated, requires that the County Commission of Twiggs County shall establish policies concerning the cost of the said Official Code to the general public, the updating and maintenance of the said Official Code, and other matters; and WHEREAS the practical necessity of such action has been demonstrated; BE IT RESOLVED, THEREFORE: That copies of the Official Code of Twiggs County, Georgia, Annotated, as updated through the date of purchase, shall be available for purchase from Twiggs County, Georgia, c/o County Administrator, P.O. Box 202, Jeffersonville, Georgia 31044, at a cost of $50 plus any applicable tax; and That the Official Code of Twiggs County, Georgia, Annotated, shall be updated with a Supplement containing such ordinances, resolutions, and other material as directed by the Twiggs County Commission or as otherwise provided by Section 100.100 of the said Official Code, prepared by the duly-appointed editor of the said Official Code and approved by the County Attorney, and published on a semi-annual basis; and That copies of the said Supplement to the Official Code shall be available for purchase from Twiggs County, Georgia c/o County Administrator, P.O. Box 202, Jeffersonville, Georgia 31044, at a cost of $10.00 plus any applicable sales tax; and That this Resolution shall continue in effect until such time as funds for the Supplementing of the said Official Code are no longer available from the Twiggs


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County Law Library pursuant to O.C.G.A. 36-80-19, 36-15-7, and 36-15-9, or until such time as the Twiggs County Commission shall otherwise repeal it, or shall by subsequent action supercede its operative effect. Adopted May 7, 2002. Statutory & Other References: 36-80-19; 36-15-7; 36-15-9. Cross References: § 100.100. Index Headings: Board of Commissioners; Records, Public.


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Section 100.205: An ordinance repealing section 15 of the act of the general assembly of Georgia thereby relieving the commission of the requirement to publish quarterly reports. WHEREAS, the Constitution of the State of Georgia of 1983, Article 9 Section 2 Paragraph 1 provides for the governing authority of each of the Counties of the State of Georgia to have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to their affairs and local government for which no provision has been made by general laws and which is inconsistent with the Constitution; and WHEREAS, on the 18th day of January 1994 the governing authority passed a resolution requesting the repeal of the said section as shown by the signature of W.E. Hamrick, III, Chairman of the Twiggs County Board of Commissioners and the repeal having not been effectuated; and, WHEREAS, during the last Seventy Six years the number of fiscal transactions have greatly grown; and WHEREAS, in 1980 the State of Georgia established general law, O.C.C.G.* 36-81 et seq. governing the creation of the fiscal audits for county finances including defining when and what fiscal notice and information must be published in the local organ; WHEREAS, the monies paid to the local organ could be more wisely and better spent on other county operations; The resolution to Notice referred to hereinabove does hereby adopt the foregoing ordinance repealing Section 15 of the act of the general assembly appearing in Ga. L. 1923 at p.324 and adopts the general law as the law governing the publication of annual audits as set forth in the Official Code of Georgia NOW THEREFORE, Notice of this repeal having been published in the legal organ of the county during the weeks beginning August 9, August 16 and August 23, 1999 and a copy hereof having been filed with the Clerk of the Superior Court of Twiggs County as provided by law.


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The Twiggs County Board of Commissioners, in two regular consecutive meetings of the governing authority not less than seven nor more than 60 days apart, does hereby adopt such ordinance. Adopted as Ordinance 6, September 23, 1999, probably as Resolution 99-6. Statutory & Other References: Georgia Constitution, Article 9, § 2, ¶ 1; Georgia Laws 1923, Act No. 163, § 15; 36-81 et seq. Editor’s Notes: *Thus in the original. “O.C.G.A.” was probably intended. Index Headings: Board of Commissioners.


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Title II: Core County Operations Chapter 200 Generally Section 200.050 Service Delivery Strategy Chapter 201 County Courthouse Section 201.101 Temporary County Courthouse Chapter 205 Public Meetings Section 205.099 Policies and Procedures for Public Meetings Section 205.100 Conduct of Public Meetings Section 205.101 Scheduling of Public Meetings Section 205.102 Rules of Order for the Conduct of Public Meetings Section 205.200 Policies and Procedures for Public Hearings Concerning

Planning and Zoning. Chapter 210 Insurance Section 210.100 County Insurance Through ACCG-IRMA Chapter 212 Public Contracting Section 212.100 (Superceded) Section 212.105 Awarding of Contracts Pursuant to State Law Section 212.110 Awarding of Contracts by Bid Chapter 215 Public Records Section 215.100 Maintenance of Public Records Section 215.101 Clerk to be Custodian of Public Records Chapter 220 County Property Section 220.100 Restrictions on Use of County Equipment, Employees Section 220.200 Policy on Use of Equipment Donated to Fire Department Chapter 225 Officers Section 225.101 Code Enforcement Officer Section 225.102 County Administrator See also references to various officials in § 505.200, Chapter 650, including the Building Official, § 660.320.


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Chapter 250 Boards & Commissions (Generally) See also references to boards & commissions in § 650.075; § 650.100; and especially, the Construction Board of Adjustment and Appeals, § 660.320. Chapter 251 Board of Tax Assessors Section 251.100 (Superceded) Section 251.101 (Superceded) Section 251.102 Terms of Office of Members of the Board Section 251.200 Tax Assessor Employees Part of County Civil Service Chapter 252 Landfill Commission Section 252.100 (Superceded) Section 252.105 (Superceded) Section 252.110 Appointment and Removal of Commissioners Chapter 253 Planning Commission Section 253.100 Planning Commission Created Section 253.200 Planning Commission Procedures See also references to related boards & commissions in Chapter 650, including the Construction Board of Adjustment and Appeals, § 660.320. Chapter 260 Financial Accounting Practices Section 260.100 Accounting Practices in the Sheriff’s Commissary Fund Chapter 275 Personnel Policies Section 275.110 Ranks, Grades, and Compensation Schedules Section 275.210 Worker Compensation for Volunteer Firefighters Section 275.220 Worker Compensation Coverage for Elected Officials Section 275.301 COBRA Benefits Section 275.410 Retirement System Revised Section 275.411 Retirement System Revised Section 275.415 Hardship Distributions from Retirement Plan Section 275.420 Certain Income Excluded from Retirement System

Calculation Section 275.500 Employee Handbook Section 275.501 (Superceded) Section 275.502 Suspension of Contributions to County 401(k) Plan Section 275.510 Legal Representation of County Officials, Employees


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Section 275.511 Indemnification of Certain Persons Against Legal Expenses

Section 275.515 Workplace Rules Section 275.520 County Employees Ineligible to Serve on County Boards Chapter 280 Ethics 280.100 Ethical Code


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Section 200.050: A resolution relating to a service delivery strategy. WHEREAS, the Georgia State Legislature adopted during its 1997 Legislative Session the Service Delivery Strategy Act; and WHEREAS, this act requires each and every county within the State of Georgia to adopt a Service Delivery Strategy which identifies the methods, funding sources, service provider, and geographic service area of each public service activity provided within the county; and WHEREAS, county and city officials have worked diligently to prepare the county’s Service Delivery Strategy and to ensure that it accurately reflects service delivery arrangements within the county; and WHEREAS, the county’s Service Delivery Strategy identifies and addresses each of the key components and key criteria outlined in the Service Delivery Strategy Act of 1997; and WHEREAS, the Board of Commissioners must adopt a resolution adopting the Service Delivery Strategy and authorizing the Chairman of the County Commission to sign the requisite documents acknowledging approval of the county’s Service Delivery Strategy; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Twiggs County that the attached Twiggs County – Cities of Jeffersonville, Danville, and Allentown Service Delivery Strategy is hereby adopted as the county’s official Service Delivery Strategy, to be updated from time-to-time as required in the Title 36 of the Official Code of Georgia Annotated § 36-70-1 et al; BE IT FURTHER RESOLVED that the Chairman of the Twiggs County Board of Commissioners is hereby authorized to place the county’s Service Delivery Strategy on the appropriate forms prescribed by the Georgia Department of Community Affairs, to execute those forms in the proper places, and to submit the county’s Service Delivery Strategy to the Department of Community Affairs for verification in compliance with O.C.G.A. § 36-70-26. Adopted as Resolution 2000-1, February 1, 2000. Statutory References: 36-70-1; 36-70-26.


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Index Headings: Board of Commissioners.


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Section 201.101: An ordinance relating to the county courthouse. BE IT ORDAINED by the Board of Commissioners of Twiggs County, Georgia, and it is hereby ordained by authority of the same as follows: WHEREAS, Twiggs County is commencing a renovation of its historic Courthouse and in order to complete the renovation, it is necessary that County offices located in the Courthouse be temporarily relocated for the purpose of efficiently and properly effecting such renovation, this ordinance is adopted so as to designate additional areas as a part of the Twiggs County Courthouse.

1. The area of the former Twiggs County High School located on East Main Street in the City of Jeffersonville, Georgia, containing 7,219 square feet and shown on plans dated March 15, 1996, prepared by Brittain, Thompson, Bray and Brown, and intended for occupancy by County offices, together with access thereto via hallways and other means of ingress and egress, is hereby designated as a part of the Twiggs County Courthouse in order to provide for the temporary relocation of County offices now located in the Courthouse and elsewhere. 2. The designation of space in the former Twiggs County High School shall be effective upon initiail occupancy therein by any County office and shall continue until the last such office is relocated back in the original Twiggs County Courthouse or such other space as is designated. 3. The prior designation of portions of the Twiggs County Middle School as a part of the Courthouse shall terminate when this body ceases to use portions of the Middle School for its meeting purposes. 5. This ordinance shall be effective immediately upon its passage. 6. All ordinances or parts thereof in conflict herewith are hereby repealed. Adopted as Ordinance 96-02, June 18, 1996. Index Headings: Board of Commissioners.


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Section 205.099: A resolution adopting policies and procedures for public hearings.

WHEREAS, the Board of Commissioners of Twiggs County is authorized by Chapter 36-66 of the Official Code of Georgia Annotated to exercise zoning power within the unincorporated areas of the county; WHEREAS, the Board of Commissioners has determined that the development of a zoning ordinance for Twiggs County is in the best interest of the public; WHEREAS, § 36-66-5 of the Official Code of Georgia Annotated requires that Twiggs County adopt policies and procedures governing the calling and conduct of public hearings and standards governing the exercise of zoning powers prior to adoption of a zoning ordinance; WHEREAS, the Board of Commissioners of Twiggs County conducted a public hearing on May 23 to solicit comments on the proposed policies, procedures, and standards in compliance with § 36-66-5 of the Official Code of Georgia Annotated; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Twiggs County hereby adopts the attached policies and procedures* governing the calling and conduct of public hearings by the Planning and Zoning Commission (including the Board of Appeals) and the Board of Commissioners. BE IT FURTHER RESOLVED that the Board of Commissioners of Twiggs County hereby adopts the attached standards governing the exercise of zoning power in Twiggs County. Adopted as Resolution 94-9, May 23, 1994. Statutory References: Chapter 36-66; 36-66-5. Editor’s Notes: *The policies referred to herein appear to be those included in the Comprehensive Land Development Ordinance, codified herein as § 650.100, containing certain procedural provisions and adopted the same day as this section. It is possible that other, separate procedural policies were intended, but if so, they have been lost and cannot be identified. Note that, in any event, it is possible that


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some such procedural provisions have been superceded by § 205.100, § 205.101, § 205.102, and especially by § 253.200. Cross References: § 205.100; § 205.101; § 205.102; § 253.200; § 280.100; § 650.100. Index Headings: Boards & Commissions; Board of Commissioners; Meetings, Public.


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Section 205.100: A resolution relating to the conduct of public meetings of the board of commissioners. WHEREAS, the Twiggs County Commissioners seek to encourage public participation at public meetings; and WHEREAS, in a Democratic society, free speech is a paramount interest to be defined and protected; WHEREAS, the duly elected Commissioners of Twiggs County having a duty to promote the welfare and prosperity of the entire County of Twiggs and having the duty of performing and holding meetings for County purposes; and WHEREAS, to that end, order must be maintained at the meetings of the Commissioners to insure that the work of the County can be accomplished. NOW, THEREFORE BE IT RESOLVED, by the Commissioners of Twiggs County that the following policy be enacted to insure the exercise of free speech and active participation by the citizens of Twiggs County and the maintenance of order be ensured; Citizens of Twiggs or others having business before the Commission and who wish to voice their views in an open forum may upon recognition by the Chairman be allowed 5* minutes for such purpose. In the event of large agendas, and other situations where in the interest of time the Commission deems necessary, the Commission, on proper vote, may reduce or increase the time restraint. The Commission will not tolerate disorder, profanity, insulting remarks to the Commissioners, nor any other inappropriate behavior at its meetings and reserves the right on proper vote by a majority of said Commissioners to dispel person or persons causing such offense. Additionally, the Commission, in its discretion, may limit the offending person or persons to strictly written comments in the future. Adopted October 4, 1997. Editor’s Notes: This section may have been superceded by § 205.102. *In the signed and certified copy dated October 4, 1997, the number “5” appears. In another version, which the record indicates was distributed at a meeting dated October 7, 1997, the number “10” appears at this point in the text.


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Cross References: § 205.099; § 205.101; §205.102; § 253.200; § 280.100. Index Headings: Board of Commissioners; Meetings, Public.


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Section 205.101: An ordinance relating to the procedures for meetings of the County Commission. WHEREAS, the Twiggs County Board of Commissioners deem it necessary to adopt this new ordinance pursuant to the home rule powers granted to counties by the Georgia Constitution (Art. 9, sec. 2, par. 1) to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p.324), as amended, so as to change the provision relating to the meetings of the board; and WHEREAS, Section 17 of the Act now provides that the commissioners shall hold a monthly meeting session on the first Tuesday in each month at the county seat and may hold other and further sessions at such time or times as they may deem it necessary for county purposes; and WHEREAS, this provision relating to meetings of the board does not provide specific procedures to be used to call special meetings; and WHEREAS, it is the intent of this ordinance to provide for procedures for such special meetings; NOW, THEREFORE, BE IT ORDAINED that the Twiggs County Board of Commissions, after motion, second and majority vote of the members of the Board at its meetings on the 18th day of May, 1999 and the 1st day of June, 1999, amends Section 17 of the Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, to read as follows: Section 17. The Board of Commissioners of Twiggs County shall hold its regular meetings on the first and third Tuesdays of each month at the county seat. The board may hold additional meetings when necessary to conduct the affairs of the county upon the approval or request of a majority of the members of the board. The procedures for such special meetings are to be established by the Commissioner’s1 of the Board by resolution. This ordinance shall become effective immediately upon adoption. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Adopted as Ordinance 99-1, May 18, 1999.


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Statutory & Other References: Georgia Constitution, Article 9, § 2, ¶ 1; Georgia Laws 1923, Act No. 163, § 15. Editor’s Notes: 1. Thus in the original. Cross References: § 205.099; § 205.100; §205.102; § 253.200; § 280.100. Index Headings: Board of Commissioners; Meetings, Public.


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Section 205.102: Rules of order for the conduct of meetings of the board of commissioners.

The Board of Commissioners recognizes and respects the rights of citizens to attend meetings and address and criticize action and considerations of the Board. As the elected governing authority of the County, the Board has a duty to all of the people of the County, including those who may not be present. To promote an orderly and business-like atmosphere to conduct the County’s business, the Board has adopted the following rules: I. General Conduct of Commissioner Meetings. The citizens of Twiggs County entrust the Board of Commissioners with conducting and dispatching all business of the County in a deliberate manner and with purpose and dignity. To expedite this responsibility each member of the Board of Commissioners has the prerogative for motions, discussions, rebuttal and question for clarification of any agenda items introduced at a meeting. Such dialog will be directed by the Chairman and will be governed by the Chairman. The Board Chairman will assure that each member of the Board, upon recognition, has equal time and an uninterrupted opportunity for participation in discussion and deliberation of all business. Verbal interruption by a member or members (not recognized by the Chairman) during another member of the Boards* recognized time will be called out of order. Continued interruptions by any one commissioner resulting in three out of order calls by the Chairman will be grounds for that Commissioner being dismissed from the meeting and to remain excluded for the duration. A commissioner or visitor that uses profanity and/or engages in the use of personal insults that are expressed purposely to be humiliating or downgrading, will be called out of order by the Chairman. Such an out of order call will be grounds for that Board Member’s or visitor’s dismissal from the meeting and to remain excluded for the duration. II. Agenda.


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1. Requests for items to be on the agenda for consideration must be submitted to the Commissioners Officer no later than 12:00 P.M. the Friday before Tuesday’s meeting. 2. During the Board deliberations, members of the audience identified in the agenda can address the Board only on issues appearing on the agenda and under consideration at the time. III. Appearances. 1. Statements and comments will be addressed to the Board. Questions shall be directed to the Chairman who shall recognize the person for a response. 2. Anyone addressing the Board shall stand and state his/her name (in cases of large attendance, you may be asked to come to the front) when recognized by the Chairman. 3. A statement shall be limited to five minutes. A second statement will be limited to one minute provided that in zoning questions, each side shall have no less than ten minutes. 4. When a person finishes a statement or question, the person shall sit down. 5. A group or association shall designate a spokesman. 6. The Chairman shall state the motion or question at the time of calling for a vote. 7. When a question has been called by the chairman, no discussion will be permitted. 8. The Chairman can terminate discussion of any item or statement at any time he deems irrelevant or repetitious. IV. Ordinances, Resolutions and Action of the Board. 1. Any requested action or resolution shall be presented at the Commissioner’s Office in writing at least one week before the meeting for distribution to the Board and to the County Attorney.


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2. Any resolution or ordinance, which is to become law, shall be in written form. 3. Copies of proposed ordinances shall be made available to each Board Member, the County Attorney and the Office of the Board Clerk for public inspection at least 15 days before adoption. The same may be advertised as directed by the Board. Adopted January 2, 2001. Editor’s Notes: *Thus in the original. Cross References: § 205.099; § 205.101; §205.102; § 253.200; § 280.100. Index Headings: Board of Commissioners; Meetings, Public.


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205.200: An ordinance relating to policies and procedures for public hearings concerning planning and zoning. WHEREAS, the Board of Commissioners of Twiggs County on May 23, 1994 adopted a Land Development Ordinance1 for the unincorporated area of Twiggs County, Georgia; and WHEREAS, the Board of Commissioners of Twiggs County has prepared for adopted a new and revised Land Development Ordinance for the unincorporated area of Twiggs County, Georgia to be adopted subsequent to the adoption of this Ordinance establishing policies and procedures for exercise of zoning power; and WHEREAS, the Zoning Procedures Law, O.C.G.A. 36-66-5 requires local governments to adopt policies and procedures which govern calling and conducting hearings when taking action resulting in a zoning decision as defined in O.C.G.A. 36-66-4; and WHEREAS, pursuant to the provisions of the new and revised Land Development Ordinance for Twiggs County, both the Twiggs County Planning Commission and the Board of Commissioners of Twiggs County are empowered to hold and conduct hearings on applications for uses of land and structures that pursuant to Zoning Procedures Law require public hearings; and WHEREAS, by this Ordinance, it is the intention of the Board of Commissioners of Twiggs County, Georgia to adopt an ordinance enacting uniform policies and policies2 to govern the calling and conducting of public hearings relating to the exercise of zoning power. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Twiggs County, Georgia, and IT IS HEREBY ORDAINED by authority of the same as follows: I. Short Title. This Ordinance shall be known and may be cited as the Zoning Decision Public Hearing Policies and Procedures Ordinance of Twiggs County. II. Intent. It is the intention of the Board of Commissioners of Twiggs County, Georgia to adopt an ordinance granting uniform hearing policies and procedures for the exercise of zoning power in compliance with the provisions of the Zoning Procedures Law O.C.G.A. 36-66-5.


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III. Public Notification for Amendments and Conditional Uses. 3.1. Legal Notice. Notice of public hearings before the Planning Commission and the Board of Commissioners as required by this section shall be published within a newspaper of general circulation within the county and in which are carried the legal advertisements of the county and shall state the time, place and purpose of hearing. If the hearing involves a map amendment, then the notice shall also include the location of the property that is subject of the zoning action, the present zoning district of said property and the proposed zoning district of said property. Such notice shall be published at least fifteen (15) but not more than forty-five (45) days prior to the date of the hearing by the Board of Commissioners (no legal notice shall be required for a variance or appeal of an administrative decision). The notice shall state the date and time for the initial hearing before the Planning Commission and the date and time for the hearing before the Board of Commissioners. 3.2. Signs Posted. Where an amendment for the rezoning of property is initiated by a party other than the Board of Commissioners, the Zoning Enforcement Officer of the county shall post at least fifteen (15) days prior to the public hearing by the Board of Commissioners, in a conspicuous place on the property for which an application for a proposed amendment has been submitted, a sign or signs containing information as to the current zoning district and the proposed zoning district and the date, time and location of the public hearings before the Planning Commission and the Board of Commissioners. No sign shall be required for a conditional use, variance or appeal of an administrative decision. IV. Procedures for Public Hearing. Whenever a public hearing is required by this Ordinance or by state law prior to a zoning decision, such public hearing shall have notice as provided in Article III and shall be conducted in accordance with the following procedures: 4.1. The public hearing shall be called to order by the presiding officer of Twiggs County Board of Commissioners or the Planning Commission, depending on which body is conducting the hearing. The presiding officer shall explain the procedure to be followed in the public hearing.


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4.2. If the subject of the hearing is a zoning decision initiated by a petitioner other than the Twiggs County Board of Commissioners, the petitioner requesting such zoning decision, or the petitioner’s agent, shall be recognized by the presiding officer first and shall be permitted to present and explain the request of the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision. If the request for a zoning decision is initiated by the Twiggs County Board of Commissioners, the Board of Commissioners shall be allowed to speak. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision. 4.3. After all individuals have had an opportunity to speak in accordance with Section 4.2 above, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak. 4.4. When any person wishes to speak at a public hearing, that person shall raise his or her hand and, after being recognized by the presiding officer, shall stand and state his or her name and address, and making any comment appropriate to the proposed zoning decision. 4.5. The petitioner shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning decision. 4.6. A time limit of fifteen (15) minutes shall be imposed upon the total number of persons who wish to speak in favor of the zoning decision, including the initial presentation of petitioner. Thereafter, a time limit of fifteen (15) minutes shall be imposed on the total number of persons who wish to speak in opposition to the zoning decision. Summary remarks by the petitioner shall be limited to five (5) minutes. These time limits may only be extended by the Twiggs County Board of Commissioners or Planning Commission, depending on which body is conducting the hearing, upon a showing of “good cause” by the person so requesting. 4.7. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his or her remarks only to the Twiggs County Board of Commissioners or Planning Commission, depending on which body is conducting the hearing. Each speaker shall refrain from personal attacks on other speakers or from discussing facts or opinions irrelevant to the proposed zoning decision under consideration. The presiding officer may limit or refuse a speaker the right to continue if the speaker, after being first cautioned, continues to violate this subsection.


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4.8. Thereafter, the presiding officer of Twiggs County Board of Commissioners or Planning Commission, depending on which body is conducting the hearing, shall announce that no further comments from the public or petitioner concerning the requested zoning decision shall be received and that immediately, there shall be a deliberation on the proposed zoning decision and vote on action which the Board of Commissioners of Planning Commission is authorized the take. 4.9. An affirmative vote of three (3) members voting on a matter is required. V. Zoning Standards for Text and Map Amendments and Conditional Uses. For zoning decisions involving amendments to the Official Zoning Maps, Conditional Uses, or amendments to the text of the Land Development Ordinance, the following standards are considered relevant in balancing the county’s interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property: 5.1. Map Amendments and Conditional Uses: 5.1.1. Whether the zoning decision will permit a use that is suitable in view of the use and development of adjacent or nearby property; 5.1.2. Whether the zoning decision will adversely affect the existing use of adjacent or nearby property; 5.1.3. Whether the property affected by the zoning decision has a reasonable economic use as currently zoned if the action involves a Map Amendment. 5.1.4. Whether the property affected by the zoning decision has a reasonable economic use as a permitted use or other conditional use within subject district if the action involves a conditional use; 5.1.5. Whether the zoning decision will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools; 5.1.6. Whether the zoning decision conforms with the policy and intent of an adopted Comprehensive Plan; and


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5.1.7. Whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning decision. 5.2. Text Amendments: 5.2.1. Will the text amendment conform to the policy and intent of the adopted Comprehensive Plan? 5.2.2. Is the text amendment necessary to further the objective of the Land Development Ordinance? 5.2.3. Is the text amendment necessary because of changes in the law or experience gained in the implementation of the Land Development Ordinance? VI. Repeal of Conflicting Ordinances, Approvals, and Actions. All other Ordinances conflicting with this Ordinance are hereby repealed. Adopted July 19, 2001. Statutory References: 36-66-4; 36-66-5. Editor’s Notes: This section was inadvertently omitted from the 2001 edition of this Code. 1. Superceded by the 2001 Land Development Ordinance, codified herein as § 650.100. 2. Thus in the original. “Policies and procedures” was probably intended. Cross References: § 253.200; § 280.100; § 650.050; § 650.055; § 650.075; § 650.100; § 650.410; § 650.415; § 660.100; § 660.310; § 660.311; § 660.315; § 650.320; § 650.330. Index Headings: Boards & Commissions; Board of Commissioners; Meetings, Public; Officers, County; Planning & Zoning; Records, Public.


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Section 210.100: A resolution relating to county insurance coverage.

WHEREAS, Article 9, Section 3, Paragraph 1 of the Constitution of Georgia authorized counties and other political subdivisions to contract with each other for activities which the contracting parties are authorized by law to undertake; and

WHEREAS, Chapter 85 of Title 36 of the Official Code of Georgia

Annotated authorizes counties to execute intergovernmental contracts to form and become members of an interlocal risk management agency for the purpose of sharing liability; motor vehicle and property damage risks in whole or in part with those of other counties; and,

WHEREAS, counties within Georgia have found it increasingly difficult to

obtain commercial insurance protection, and have found the costs of such protection often exceeds the ability of a county to pay; and,

WHEREAS, counties in Georgia need a stable method for managing their

risks to avoid the unpredictable and cyclical nature of the commercial insurance market; and,

WHEREAS, many Georgia counties do not have sufficient resources to self-

insure their risks on an individual basis; and, WHEREAS, the Association of County Commissioners of Georgia has

studied the possibility of creating an intergovernmental risk management agency so that the Georgia counties may self-insure their risks and has concluded that such an agency is feasible; and

WHEREAS, the County of Twiggs is desirous of becoming a member of the

Association County Commissioners of Georgia-Interlocal Risk Management Agency (hereinafter referred to as ACCG-IRMA), an interlocal risk management agency formed pursuant to Title 36 of the Official Code of Georgia Annotated; and

WHEREAS, the governing authority of the County of Twiggs has reviewed

the intergovernmental contract and the bylaws of ACCG-IRMA and reviewed the intergovernmental contract and the bylaws of ACCG-IRMA and find that the goals of ACCG-IRMA and the obligations imposed upon this county are in accordance with the philosophy and public policy objectives of this community; and


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WHEREAS, the governing authority of the County of Twiggs finds that it is in the best interest of its citizens to become a member of ACCG-IRMA,

NOW, THEREFORE, BE IT RESOLVED by the governing authority of the

County of Twiggs, Georgia: 1. That the Chairman, William E. Hamrick, III of the County of Twiggs is

authorized to execute on behalf of the County the intergovernmental contract to become a member of ACCG-IRMA. A copy of the contract and the bylaws of ACCG-IRMA are attached to and made a part of this resolution as Appendix 1.*

2. The powers of ACCG-IRMA, unless the contract and bylaws are

amended, shall be limited to those authorized by Chapter 85 of Title 36 of the Official Code of Georgia Annotated, and the rules and regulations of the Commissioner of Insurance of the State of Georgia.

3. The commencement of operations and the continuing operations of

ACCG-IRMA and the obligation of this county to fully participate in such operations shall be effectuated in accordance with the contract and bylaws.

4. The Chairman, William E. Hamrick, III is designated as the County’s

representative to ACCG-IRMA. The county may change its representative by informing ACCG-IRMA of the change in writing.

5. This resolution shall be effective upon its passage and approval.

Adopted December 7, 1993. Statutory & Other References: Georgia Constitution, Article 9, § 3, ¶ 1; Chapter 85, Title 36. Editor’s Notes: *This attachment has apparently been lost. Index Headings: Board of Commissioners.


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Section 212.100: (Superceded) Adopted as Ordinance 84-1 in 1984; amended December 22, 1988. Editor’s Notes: This section was superceded by the adoption of § 275.500 on November 5, 2002.

The Official Code of Twiggs County, Georgia, Annotated 2011

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Section 212.105: A resolution relating to the method of contracting for public construction projects.

Resolved, that all county public works projects, regardless of amount, shall be subject to the requirements of O.C.G.A. § 36-10-2 and 36-10-4 concerning public advertisement for sealed bid and bond of contractor for faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time.

This resolution shall be effective for all contracts bid or let after July 1, 1990. In addition, all bidders shall be required to maintain a public liability

insurance policy of not less than $100,000 per accident for damages caused by the negligence of the contractor or his employees during the course of the work and worker’s compensation as required by law and shall submit proof of such insurance upon request to the Twiggs County Board of Commissioners. Adopted June 19, 1990. Statutory References: 36-10-2; 36-10-4. Cross References: § 212.110. Index Headings: Board of Commissioners.


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Section 212.110: A resolution relating to the awarding of contracts by bid.

WHEREAS, the Twiggs County Commission desires to ensure that the awarding of contracts by done in a lawful and competitive manner: THEREFORE, BE IT RESOLVED that the Twiggs County Administrator shall establish, maintain and provide for review by the Twiggs County Commissioners a standard operating policy hereby incorporated as a part of this resolution: AWARDING CONTRACTS BY BID: PURPOSE: The purpose of this document is to establish a procedure for the calling and awarding of bids. DUTIES: The County Administrator will be responsible for ensuring that all outlined procedures are followed prior to the issuance and acceptance of a bid. PROCEDURE FOR BIDS ESTIMATED GREATER THAN TEN THOUSAND DOLLARS ($10,000): The County Administrator, at the direction of the Commissioners authorizing the calling for bids, shall: 1. Obtain the details and specifications of the extent and character of the work to be done or the item to be obtained, and the terms and times of payment. These specifications shall be as detailed as possible and will set the minimum criteria, which must be met by all who wish to bid. 2. The Clerk will post on the courthouse door or bulletin board a copy of the notification to bid and will advertise once a week for two weeks in the legal organ of the county. 3. Bids shall be opened at the public meeting on the day set forth in the notification to bid. The Administrator shall certify that these bids were publicly opened at the time and place stated in the letter. The Administrator shall then prepare a tabulation of the bids and make a recommendation to the Commission.


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4. The Commission shall then vote and award the contract based on the criteria presented at the meeting. The Commission reserves the right to accept or reject any or all bids for work submitted to them. 5. The Administrator shall notify by certified mail or phone the winning bidder. 6. Vendors who have failed to meet prior contractual obligations or who have been in the Commission’s opinion, stubbornly litigious may be considered unacceptable. 7. No vendor shall be discriminated against because of race, color, sex, age or national origin. PROCEDURE FOR BIDS ESTIMATED LESS THAN TEN THOUSAND DOLLARS ($10,000): The County Administrator, at the direction of the Commissioners authorizing the calling for bids, shall: Contract upon receipt of verbal or faxed proposals when the goods to be purchased are of the type generally available on the open market, and can be purchased at prevailing market prices. PROCEDURE FOR BIDS RELATING TO THE METHOD OF CONTRACTING FOR PUBLIC WORKS PROJECTS: All public works projects shall be subject to the requirements of O.C.G.A. 36-91-1, et seq. All ordinances or parts thereof in conflict are hereby repealed. Adopted November 5, 2002. Editor’s Notes: This section supercedes § 212.100. Statutory References: 36-91-1 et seq. Cross References: § 212.105; § 280.100.


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Index Headings: Board of Commissioners.


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Section 215.100: A resolution relating to public records. WHEREAS, it is necessary that all commissiners* have access to information contained in County Records from time to time in order to properly carry out their duties, and

WHEREAS, the records of the County must be protected from loss, removal from files, or destruction that could result in the County’s being liable for legal proceedings and/or monetary loss, and

WHEREAS, the County Clerk is responsible for proper maintenance and

safekeeping of certain records and files, and WHEREAS, it is the responsibility of the Board of Commissioners to set

policy and guidelines for the for the* storage, filing, handling, retention, and release of original records of the county,

BE IT THEREFORE RESOLVED THAT: (1) All original records, including, but not limited to contracts, personnel

records, legal proceedings, financial records, such as checkbooks, check stubs, bank statements, cancelled checks, deposit tickets, unused checks and any and all other original records that are the property of the Twiggs County Governing Authority be retained in office files in fireproof files as warranted, kept locked and not removed from the files except upon order of the court. (2) That photo copies will be made and delivered to a Commissioner upon request, as expeditiously as possible and within a reasonable time during office hours; or upon any Commissioners request by phone during office hours for pickup after office hours, a copy of such requested record will be made and left in said Commissioner’s mail holder for his pickup after office hours, if he so desires. (3) That all keys to said files be placed in the custody of the County Clerk and that the County Clerk only be authorized to access such files. (4) That if it is necessary for a Commissioner to review an entire files,* removal of folder from file shall be permitted only during office hours, otherwise coipes of the contents will be made for Commissioners, and that said Commissioners will be allowed to review said folder within the confines of the office of the Twiggs County Office of the County Governing Authority or the Conference


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Room, under the watch and care of the County Clerk, Assistant Clerk, or Purchasing Agent; that said Commissioner shall sign a register showing that he received the file, that he will not remove any of the contents from the area as outlined above; and when said file is returned to the County Clerk, said Clerk will initial the register showing time of day, day of month and year of return. This procedure shall be permitted during office hours only. (5) That in case of the inability of said County Clerk or because of absence of the County Clerk, for the purpose or** producing copies of said records, then, it shall be the responsibility of the Assistant Clerk and Purchasing Agent, acting together, to make requested photo copies of records requested available to Commissioners, as outlined above, following procedures so outlined. (6) That keys to files referred to herein shall not be made available to any Commissioner, Constitutional Officer, or any other person, except under court order and that procedures as outlined above will be followed in order to supply Commissioners with needed information for performance of their duties or as a citizen under the Open Records Law. The above procedure also applies to keys of County Clerk’s Office. (7) A written record shall be maintained, showing the name of the person or persons unlocking said files, the date files were unlocked and the time files were unlocked and locked each afternoon. Adopted January 19, 1993. Editor’s Notes: *Thus in the original. **Thus in the original. Probably should be “or.” Cross References: § 215.201; § 225.102; § 280.100. Index Headings: Records, Public.


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Section 215.101: A resolution relating to public records.

WHEREAS, the vault located in the office of the Board of County Commissioners of Twiggs County is for the purpose of storing and keeping vital and important county records and/or documents safe; and

WHEREAS, said records are by law under the custody and preservation of

the county clerk; and WHEREAS, access to said vault should be restricted in order to preserve and

protect such records and documents from unnecessary, illegal, or unauthorized access and entry, and

WHEREAS, such unnecessary, illegal or unauthorized access and/or entry

could subject the county to liability and/or litigation through its failure to produce necessary documents and/or records; and

WHEREAS, storage of records and/or documents or other important items

offers some protection from “Acts of God”, BE IT THEREFORE RESOLVED, THAT

1) Custody of the combination to said vault shall be the responsibility of the county clerk; and that the responsibility of opening and closing the vault each day shall be vested in said clerk.

2) That said county clerk shall be responsible for maintaining a written record

of the time and date that the vault is opened and for the signature of the person performing those responsibilities.

3) In the absence of said county clerk during regular office hours, the

responsibility for opening and closing the vault shall be vested in the chairman of the Board accompanied by two other commissioners or the assistant clerk and the purchasing agent who will follow the same procedures set forth above.

4) Opening of said vault shall be prohibited after normal working hours or

during the time that the office is opened for the transaction of county business (commissioners’ meeting) except under the order of the court, or in cases of


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emergency signified by agreement of at least three commissioners and notification to all commissioners in the county who can be located. Adopted January 19, 1993. Cross References: § 215.100; § 225.102; § 280.100. Index Headings: Records, Public.


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Section 220.100: A resolution requiring the use of county work crews and equipment solely for the public benefit.

Be it hereby resolved that the Twiggs County work crews and road equipment shall not be used on private land except for the public benefit of Twiggs County and its residents in general.

Any Commissioner of Twiggs County may authorize the use of county crews and equipment on public or private land from ditch to ditch along roads within the county of common public use, or on his sole determination that such authorization is for the public benefit. No signed, certified, or dated copy of this document has been found. Cross References: § 220.200; Chapter 275; § 280.100. Index Headings: Personnel, County; Property, County.


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Section 220.200: A resolution establishing a policy governing the use of equipment donated to fire departments.

WHEREAS, the various fire departments in Twiggs County are private, non-profit corporations and subject to the control of their various Boards of Directors; and

WHEREAS, from time to time, Twiggs County furnishes equipment to the

fire departments for their use in fighting fires and protecting the citizens of Twiggs County from the danger of fire and explosion;

WHEREAS, the County desires to establish a policy regarding the use of this

equipment by the various fire departments. NOW, THEREFORE BE IT RESOLVED, by the County Commissioners

of Twiggs County, Georgia and it is hereby so resolved by the authority of the same as follows:

All equipment paid for or donated to any fire department located in Twiggs

County, Georgia by the Twiggs County Government is to be used strictly for official business only and no other purpose. Each fire department will take possession of any equipment donated or purchased for them by the County with an understanding that such equipment will not be used for personal purposes by anyone, but will strictly be used for fire fighting purposes. Adopted as Resolution 96-12, June 3, 1997. Cross References: § 220.100; Chapter 275; § 280.100. Index Headings: Property, County.


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Section 225.101: An ordinance establishing a code enforcement officer, providing for the powers, duties and responsibility of such officer and for other purposes.

WHEREAS, heretofore Twiggs County has adopted ordinances which, by their terms, require that enforcement action be taken for their violations; and

WHEREAS, it is anticipated that additional ordinances will hereafter be

adopted that will also by their terms, require that enforcement action be taken for their violations; and

WHEREAS, pursuant to Ga. Code Ann. § 15-10-62, 631 it is provided that

violations of county ordinances may be prosecuted in the Magistrate Court of Twiggs County upon issuance of a citation; and

WHEREAS, pursuant to Ga. Code Ann. § 15-10-63 the county governing

authority may designate an agent to issue citations for violations of county ordinances; and

WHEREAS, it is in the best interests of Twiggs County and its citizens to

establish a county position to be denominated “Code Enforcement Officer” and to define the duties of such officer; such duties to include investigation of violations of county ordinances, issuance of citations in appropriate cases and appear on behalf of the county in the Magistrate Court of Twiggs,2 County at the trial of the citation; and

NOW, THEREFORE BE IT ORDAINED, by the Board of

Commissioners, that a new county position is created to be known as “Code Enforcement Officer”, which position will be appointed and supervised by the Board of Commissioners, the incumbent of which will be an employee of Twiggs County and subject to the Twiggs County Personnel Policy. The “Code Enforcement Officer” is authorized by the Board of Commissioners to complete, sign and serve citations for violations of county ordinances in accordance with the provisions of O.C.G.A. § 15-10-63. The “Code Enforcement Officer” shall have the following duties, responsibilities and powers:

(1) To investigate violations of all county ordinances;

(2) If it is determined that a violation(s) of a county ordinances(s)3 exists, to issue citations for such violation(s) in accordance with the provisions of O.C.G.A. § 15-10-63;


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(3) To appear on behalf of the county in the Magistrate Court of Twiggs County at any trial or other proceeding held on citations that have been issued; and (4) To develop for approval by the Board of Commissioners policies and procedures implementing O.C.G.A. § 15-10-63 for the investigation and prosecution of ordinance violations, (5) To perform such other duties as may be assigned by the Board of Commissioners. The salary and benefits of the Code Enforcement Officer shall be as from time to time set by the Board of commissioners. Should any section, clause, provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of this resolution as a whole or any part hereof other than the part so declared to be invalid, each section, clause and provision hereof being declared severable. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Adopted as Ordinance 2000-2, February 1, 2000. Statutory References: 15-10-62; 15-10-63. See editor’s note. Editor’s Notes: 1. Thus is the original. The reference is probably to § 15-10-62 and 15-10-63. 2. Thus in the original. The comma is probably an error. 3. Thus in the original. Cross References: § 280.100; Title IV; especially, § 410.100. Index Headings: Officers, County.


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Section 225.102: An ordinance creating the office of county administrator. 1. County Administrator

There is hereby created the office of County Administrator/Clerk (hereinafter

“County Administrator”) of Twiggs County. The County Administrator shall be appointed by a majority vote of the board of commissioners of Twiggs County to serve at the pleasure of said board for an indefinite term. In addition to the duties contained herein the County Administrator shall assume all of the duties of the clerk of the board of commissioners. No member of the board of commissioners shall be appointed County Administrator during the term of office for which he or she is elected or for a period of one year thereafter.

2. Qualifications of County Administrator

The County Administrator shall be chosen by the board solely upon the basis

of his or her executive and administrative qualifications with specific reference to his or her actual experience in or knowledge of accepted practices in respect to the duties of his or her office as set forth in this section. 3. Duties of County Administrator

The board of commissioners of Twiggs County shall continue to be the chief executive entity of the County, and it shall be the duty of the board to set the overall executive polities* and procedures of the County. The County Administrator shall be the chief administrative officer of the County and shall be responsible to the board for the proper and efficient administration of the affairs of the County except as otherwise provided by law. In addition it shall be the duty of the County Administrator to:

(a) To maintain a qualified and competent workforce by developing and maintaining a comprehensive personnel system. The County Administrator shall be responsible for insuring that the County recruits and retains qualified and competent employees to fulfill the various positions throughout the County. To this extent, the County Administrator shall be responsible for developing and maintaining a job description that identifies the duties, responsibilities, and educational requirements of each County position. The County Administrator shall appoint and remove all department heads with the concurrence of the Board of Commissioners with the exception of the County attorney and the outside auditor who shall be appointed and removed solely by the Board of Commissioners.


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(b) To insure that the policies, procedures, and directives issues by the Board

of Commissioners are adhered to in the day-to-day operations of the County; (c) To exercise control over all departments or divisions of the County which the board has heretofore exercised or that may hereafter be created; (d) To prepare and submit to the board of commissioners an annual budget; (e) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (f) To supervise and direct the official conduct of all County officers and department heads appointed by the County Administrator; (g) To attend all meetings of the board with the right to take part in the discussion provided he or she shall have no vote before the board; (h) To be responsible for keeping all records of the board of County commissioners and for attesting to all signatures contained on documents of Twiggs County; and (i) To perform such other duties as may be required by the board. 4. Additional duties of the County Administrator The County Administrator shall be the chief purchasing agent for the County, by whom all purchases of supplies and all contracts therefore shall be made. He shall countersign with the chairman or, in the absence of the chairman from the County, the vice-chairman, or in the instance that both are absent from the County, any commission member, checks and all vouchers for the payment of the same under such rules and regulations as the board may adopt not inconsistent herewith. The board shall adopt rules for regulating purchases made by the County and the County Administrator shall be governed thereby. In no event shall the County Administrator be authorized to spend in excess of $2,500.00 for the purchase of any item for use by the County without the prior consent of a majority of the duly qualified members of the board. The County Administrator is further vested with the authority to countersign with the chairman or, in his absence from the County, the vice-chairman, or in the


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instance that both are absent from the County any other commission member, all payroll checks for the employees of Twiggs County. Adopted as Ordinance 2001-1, February 20, 2001. Editor’s Notes: *Thus in the original. “Policies” was probably intended. Cross References: Chapter 275; § 280.100. Index Headings: Officers, County.


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Section 251.100: (Superceded) Adopted January 18, 2000. Editor’s Notes: This section was superceded by the adoption of § 251.102 on February 7, 2006.


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Section 251.101: (Superceded) Adopted November 3, 2000. Editor’s Notes: This section was superceded by the adoption of § 251.102 on February 7, 2006.


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Section 251.102: A resolution establishing the terms of office for members of the board of tax assessors.

WHEREAS, the Board of Commissioners has been granted the authority under the provisions of Title 48-5 of the Official Code of Georgia, Annotated, to establish the number of tax assessors and the terms of their service,

WHEREAS, the Board of Tax Assessors currently consists of appointees of

the Board of Commissioners with five members serving six year terms, WHEREAS, the Board of Commissioners has determined that it is in the

interest of Twiggs County to restructure the length of their service from the existing six years to serve three years,

NOW, THEREFORE, BE IT RESOLVED THAT: The Twiggs County

Board of Commissioners hereby establishes the length of service of all newly appointed members of the Twiggs County Board of Tax Assessors to three year terms without impacting the current Board from completing their terms. Adopted February 7, 2006. Cross References: § 280.100; Title III. Index Headings: Boards & Commissions.


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Section 251.200: A resolution placing employees of the tax assessor under the county civil service system.

WHEREAS, O.C.G.A. 48-5-262 authorizes the Board of Commissioners, “in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that the staff and employees of the County Board of Tax Assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the County Board of Tax Assessors may hire and manage such employees, but only in compliance with the county civil service system.”; and

WHEREAS, this resolution hereby sets up that form and function for the employees of the Board of Tax Assessors for Twiggs County; and

WHEREAS, this resolution must be officially adopted by the Twiggs County Board of Commissioners to establish that requirement;

NOW THEREFORE, BE IT RESOLVED that the Twiggs County Board of Commissioners hereby places the Twiggs County Board of Assessors employees under Twiggs County’s civil service system. Adopted July 17, 2007. Cross References: Chapter 275; § 280.100. Index Headings: Board & Commissions; Board of Commissioners; Personnel, County.


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Section 252.100: (Superceded) Adopted April 17, 1990. Editor’s Notes: This section was superceded by the adoption of § 252.110 on February 21, 2002.


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Section 252.105: (Superceded) Adopted as Ordinance 2000-6, July 25, 2000. Editor’s Notes: This section was superceded by the adoption of § 252.110 on February 21, 2002.


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Section 252.110: An ordinance relating to the appointment and removal of members of the landfill commission.

WHEREAS, the Twiggs County Board of Commissioner wish to ensure the operation, enforcement, and implementation of the Landfill Agreement adopted April 7, 1998; and

WHEREAS, the Twiggs County Board of Commissioners find it necessary to

provide a mechanism for appointment and removal of a Twiggs County member of the Landfill Commission; and

WHEREAS, the Twiggs County Board of Commissioners finds that adequate

and efficient solid waste management is an issue of vital interst to the citizens of Twiggs County, Georgia and will promote the health, welfare, and safety of the citizens of Twiggs County, Georgia; and

WHEREAS, the Twiggs County Board of Commissioners deem it necessary

to adopt this new Ordinance to establish procedures to ensure that any member representing Twiggs County, Georgia on the Landfill Commission serves at the pleasure of the Board of Commissioners of Twiggs County, Georgia,

NOW, THEREFORE, BE IT ORDAINED that the Twiggs County Board

of Commissioners, after motion, second, and majority vote of the members of the Board at its meeting on the 21st day of February, 2002, adopted the following procedures for the appointment and removal of a Twiggs County member of the Landfill Commission.

1. Appointment. The Twiggs County member of the Landfill Commission

shall be appointed in accordance with the terms of the Joint Settlement Agreement executed April 7, 1998, by the Board of Commissioners of Twiggs County, Georgia. The member shall serve and be qualified to serve under the terms as set out in Part I, Section C(2)(b), (c), and (d) of the Joint Settlement Agreement and for a term of office as stated therein. The member must be a resident of Twiggs County, Georgia.

2. Removal. The Twiggs County member of the Landfill Commission serves

at the pleasure of the Board of Commissioners of Twiggs County, Georgia. A member can be removed at any time that the Twiggs County Board of Commissioners determines it is in the best interest of Twiggs County, Georgia that the removal take place. A member who becomes a non-resident of Twiggs County,


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Georgia, is automatically removed as of the date that member becomes a non-resident.

3. Replacement. Once the member of the Landfill Commission has been

removed, his successor shall be appointed by the Board of Commissioners of Twiggs County, Georgia to serve out the remainder of that member’s term.

Ordinances or parts of ordinances in conflict with this ordinance are hereby

repealed. Adopted February 21, 2002. Editor’s Notes: The enactment of this ordinance effectively repealed § 255.100 and § 252.105, which dealt with the same subject. Cross References: § 280.100; Chapter 676. Index Headings: Boards & Commissions; Sanitation & Waste Management.


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Section 253.100: An ordinance providing for the creation, appointment, and terms of office of the members of the planning commission.

WHEREAS, the Twiggs County Board of Commissioners has recognized the authority granted it by the Constitution of the State of Georgia in Article 9, Section 2, Paragraph 4 to exercise zoning regulations for the county by adopting the Twiggs County Comprehensive Land Development Ordinance and calling for the creation of the Twiggs County Planning Commission.

WHEREAS, Section 32, subsection 78 of the Twiggs County Comprehensive

Land Development Ordinance calls for the Twiggs County Board of Commissioners to establish the Twiggs County Zoning Commission;

WHEREAS, the Twiggs County Board of Commissioners has determined

that the provision previously adopted regarding the creation, appointment and terms of office for the members of the Twiggs County Zoning Commission need to be updated.

WHEREAS, this ordinance is intended to supercede any past amendments to

the Twiggs County Comprehensive Land Development Ordinance or other resolutions or ordinances of this board dealing with the Twiggs County Planning Commission;

NOW, THEREFORE BE IT ORDAINED that the Twiggs County Board of

Commissioners, assembled in regular session, hereby adopts the following rules and regulators of the Twiggs County Zoning Commission:

There shall be established a Planning and Zoning Commission composed of

five members appointed by the Twiggs County Board of Commissioners who shall serve at the pleasure of the Board of Commissioners. Adopted as Ordinance 99-8, December 7, 1999. Statutory & Other References: Georgia Constitution, Article 9, Section 2, ¶ 4. Cross References: § 280.100; Chapter 650, especially subsection 32 of § 650.100. Index Headings: Boards & Commissions.


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Section 253.200: A resolution relating to procedures of the planning commission.

WHEREAS, on July 19, 2001 the Board of Commissioners created a new Twiggs County Planning Commission when the Board of Commissioners adopted the Land Development Ordinance for Twiggs County, Georgia;

WHEREAS, Section 23.4 of the Land Development Ordinance creates the

Twiggs County Planning Commission; WHEREAS, Section 23.4.1.2 requires the Planning Commission to prepare

and adopt rules of procedure in accordance with the Land Development Ordinance and state law, subject to the approval of the Twiggs County Board of Commissioners;

WHEREAS, the Twiggs County Planning Commission has prepared said

rules of procedure required by the Land Development Ordinance and recommends the same for approval by the Board of Commissioners; and

WHEREAS, the Twiggs County Board of Commissioners have reviewed said

rules of procedures and desires to approve the same; NO* THEREFORE BE IT RESOLVED by the Twiggs County Board of

Commissioners, in regular session assembled, that the following rules of procedure are hereby adopted:

1. Title; Adoption; Amendment.

1.1. These rules may be cited as the Twiggs County Planning Commission Rules of Procedure. 1.2. These Rules of Procedure, and amendments thereto, shall be adopted by the Twiggs County Planning Commission at a regularly scheduled meeting of the Twiggs County Planning Commission. 1.3. These Rules of Procedure shall become effective upon adoption by the Twiggs County Planning Commisiion and approval by the Twiggs County Board of Commissioners. 2. Membership; Terms of Office; Officers; and Vacancies.


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2.1. The Planning Commission shall consist of Five (5) members, appointed by the Board of County Commissioners to serve for Five (5) year terms. Initial appointments beginning on _________** shall be as follows: one appointment for one (1) year, one appointment for two (2) years, one appointment for three (3) years, one appointment for four (4) years, and one appointment for five (5) years. 2.2. The Planning Commission shall elect one of its members as chairperson and Vice-chairperson, who will serve for one year or until the chairperson or vice-chairperson is re-elected or a successor is elected. The Board of County Commissioners shall appoint a secretary to take minutes of the Planning Commission’s meetings, recording all motions and votes thereon as well as any other business of the Planning Commission conducted in a Public Forum. The Planning Commission shall maintain rules of procedure in accordance with the Land Development Ordinance and state law. The Board of Commissioners shall approve the Planning Commission’s Rules of Procedure or any amendment before they become effective. 2.3. Resignation shall be in writing and delivered to the chair of the Twiggs County Planning Commission. Any member who accumulates three (3) successive unexcused absences shall be deemed to have resigned. The chairperson of the Twiggs County Planning Commission shall decide which absences are excused. All decisions concerning unexcused absences may be appealed to the Board of County Commissioners. 2.4. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be compensated as determined by the Twiggs County Board of Commissioners. 3. Duties of Planning Commission. 3.1. It shall be the responsibility of the Planning Commission to review and recommend to the Board of Commissioners its approval, disapproval or approval with conditions on all requests for amendments in accordance with Section 24.1 of the Land Development Ordinance. 3.2. It shall be the responsibility of the Planning Commission to review and make a recommendation to the Board of Commissioners in regard to all requests for conditional uses in accordance with Section 24.2 of the Land Development Ordinance.


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3.3. It shall be the responsibility of the Planning Commission to review and make a recommendation to the Board of Commissioners in regard to all requests for a variance in accordance with Section 23.8 of the Land Development Ordinance. 3.4. It shall be the responsibility of the Planning Commission to review and make a recommendation to the Board of Commissioners in regard to the adoption of a Comprehensive Plan or amendment thereto. 3.5. The Twiggs County Planning Commission does not have the power to amend any Ordinance, to rezone land, to declare the Land Development Ordinance for Twiggs County, Georgia or any amendment thereto invalid, or to allow any use not permitted by the same. 4. Duties of Planning Commission Officers. 4.1. The chairperson shall preside over meetings and shall be responsible for conduct and decorum at the meeting. The chairperson shall have the responsibility to ensure that all parties receive a full and fair hearing before the Planning Commission, enforcement of the rules herein and applicable state laws. 4.2. The chairperson shall be responsible for calling special called meetings and notifying the secretary of the Planning Commission so notice can be provided in accordance with Georgia Law. 4.3. The vice-chairperson shall preside over meetings and assume the duties of the chairperson in the absence of the chairperson. 4.4. The chairperson shall have the power to appoint sub-committees of the Planning Commission if he or she finds such committee necessary to carry out the functions of the Planning Commission.

4.5. The secretary shall be responsible the maintenance*** of the Planning Commission’s minutes and records. 5. Meetings. 5.1. A quorum of three (3) members shall be required to conduct business; an affirmative vote of three (3) members voting on a question shall be sufficient for the adoption of the question. Members abstaining shall not be considered “members voting” in determining whether a question has been adopted.


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5.2. The regularly scheduled meeting of the Planning Commission shall be held the second Tuesday of each month at 7:00 PM, unless there is no cause to hold such meeting, in which case, the secretary shall inform the members of the Planning Commission at least twenty-four hours in advance of the regularly scheduled time. 5.3. Special called meetings may be called by the chairperson provided at least Twenty-four hours notice of such meeting is given. 5.4. Conduct of meetings. 5.4.1. All meetings shall be open to the public and may only be closed in accordance with Georgia Law. 5.4.2. Order of Business. 5.4.2.1. Roll Call. 5.4.2.2. Approval of Minutes. 5.4.2.3. Hearing on Text Amendments, Map Amendments, Conditional Uses, and Variances.

5.4.2.4. Committee Reports. 5.4.2.5. Old Business. 5.4.2.6. New Business. 5.4.3. Procedures for Hearing Text Amendments, Map Amendments, Conditional Uses, and Variances shall be those procedures provided in Section 24.4 of the Land Development Ordinance for Twiggs County, Georgia. 5.4.4. The Planning Commission may adjourn a regular meeting if all business can not be disposed of on the day set, and no further notice shall be necessary for rescheduling such meeting if the time and place of its resumption is stated at the time of adjournment and is not changed after adjournment. 6. Standards of Conduct.


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6.1. Conflicts of Interest. A Planning Commissioner shall have a conflict of interest if said Planning Commissioner or his/her family, has a property interest in any real property affected by action on an application before the Planning Commission or has a financial interest in any business entity that has a property interest in any real property affected by action on the application before the Planning Commission. Any Planning Commissioner having a conflict of interest shall immediately disclose the nature and extent of such interest in writing to the Twiggs County Board of Commissioners. These disclosures shall be made a public record. No Planning Commissioner shall vote or participate on a matter in which he or she has a conflict of interest. 6.2. No Planning Commissioner shall represent an applicant before the Planning Commission. 6.3. No Planning Commissioner shall discuss any matter pending before the Planning Commission with anyone outside a public hearing. All letters or other material personally received by a Planning Commissioner shall be provided to each Planning Commissioner at the public hearing on the item in question. Though signed and certified, the original of this resolution is unnumbered and undated. It was passed in 2001. Editor’s Notes: *Thus in the original. **The original document includes a blank line with no date written in. ***Thus in the original. Probably should read “…shall be responsible for the maintenance…” This section may have been superceded by § 650.100. Cross References: § 280.100; Subsections 23.4, 23.8, 24.1, and 24.2 of § 650.100. See also § 205.099; § 205.100; § 205.101; § 205.102; § 205.200; § 253.200; and Chapter 650. Index Headings: Boards & Commissions.


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Section 260.100: A resolution relating to financial accounting practices.

The Board of Commissioners of Twiggs County, Georgia, having been informed by its auditor that the Sheriff’s Commissary Fund should be included in the normal budgeting process of the Countyto ensure that expenditures are made in compliance with applicable laws and regulations,

IT IS HEREBY RESOLVED THAT: 1. Copies of bank statements pertaining to the Sheriff’s Commissary Fundsa

re to be provided to the County Administrator on amonthly basis. 2. Documentation of all revenues and expenditures are to be copied and

provided to the County Administrator on a monthly basis. 3. Any expenditures to be made from the profits of this commissary fund

must be made for the benefit of inmates and must be pre-approved by the Board of Commissioners to insure compliance with applicable laws and regulations.

4. Since Twiggs County pays the salaries of the personnel in the Sheriff’s

department who operate and maintain the commissary fund, the County is to be reimbursed annually out of the fund for that portion of salaries and costs attributable to the operation of the fund. Adopted March 16, 2004. Cross References: § 280.100. Index Headings: Board of Commissioners; Judicial Affairs & Law Enforcement; Officers, County; Property, County; Records, Public; Taxation, Revenue & Finance.


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Section 275.110: A policy relating to personnel ranks, grades, and compensation.

The Twiggs County Board of Commissioners recognizes that the request by the Constitutional Officers to restructure the clerical staff in the respective offices as valid. The present structure of 1st clerk, 2nd clerk as a beginning staffing & budgetary process was adequate. However, to maintain this structure as tenure of a clerk begins to exceed 8, 10, or 12 years, results in a loss of the officer/manager flexibility within the office and inequities that an employer exercising good personnel management would correct.

The Board of Commissioners will incorporate effective 1 July 2001, the

following principals regarding clerical staff for County Office & Constitutional Officers for budgetary purposes. The budget cycle will commence on 1 January 2002 and should include the applicable numbers per employee as shown on the approved Tenure Scale located at the end of this policy statement.

1. A 3rd clerk/intern clerk will serve a 6 months probationary period and will

be budgeted as such. 2. Part-time clerical help will be budgeted at the 3rd clerk level and upon an “as needed” basis. 3. Clerical employees will reach a 2nd or assistant clerk status after successful completing a probationary period. The 2nd clerk/assistance clerk will be budgeted as a learning position. The Board of Commissioners accepts an additional period of thirty months as suitable for a 2nd clerk/assistance clerk to master the duties and responsibilities associated with an office of a constitutional officer and/or county office. Upon mastering the skills associated with the clerical position and maintaining a satisfactory performance for the thirty-six month period, a clerical employee should be moved to 1st clerk and/or master clerk status. 4. Positions of 1st clerk and/or master clerk for all county offices & offices of constitutional officers will be budgeted using the following criteria. a. The number of clerical staff employed in the county offices and/or constitutional office will be no more than required to conduct and discharge the responsibilities essential to serve the citizens of Twiggs County. b. The positions will utilize tax revenue and other revenues, as available to fund positions.


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5. To recognize the County and Constitutional office employees that have maintained years of faithful services, the Board of Commissioners will budget for term based on the following scale. PROPOSED TENURE SCALE Tenure would begin after the employee has completed 3 years of service to the County. i.e.* after 6 years of continue service, an employee would be recognized for the first of seven 3 year tenure cycles ending after 24 years of Service. Employees already receiving tenure pay (less than six years) will be grand fathered in with no loss of pay. Tenure Pay Scale Employee Years of Service Tenure Pay 6 yrs $300 9 yrs $600 12 yrs $900 15 yrs $1200 18 yrs $1500 21 yrs $1800 24 yrs $2100 No dated or certified copy of this document has been found. Editor’s Notes: Signed by the Chairman of the Board of Commissioners, but no dated or certified copy found. As this “policy” was not in the form of a resolution or ordinance, it may not have been intended to have the force and effect of a formal board action. It is included here despite this ambiguous status. Cross References: § 275.500; § 275.501; § 400.110. Index Headings: Personnel, County.


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Section 275.210: A resolution relating to worker compensation coverage for volunteer firefighters.

BE IT RESOLVED by the Board of Commissioners of Twiggs County, Georgia, and it is hereby resolved by the authority of the same:

1. Volunteer Firemen of Twiggs County shall be covered under the

Association of County Commissioners of Georgia Group Self-Insured Workers’ Compensation Fund. While performing their duties shall be covered under the Worker’s Compensation Laws of the State of Georgia.*

2. All Resolutions or parts of Resolutions in conflict herewith are repealed.

Adopted as Resolution 94-3, February 1, 1994. Statutory References: 34-9-1 et seq. Editor’s Notes: *Thus in the original. Probably should read “While performing their duties, they shall be…” Cross References: § 275.220; § 275.301; § 275.500; § 275.501; 840.010. Index Headings: Personnel, County.


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Section 275.220: A resolution relating to worker compensation coverage for elected officials.

BE IT RESOLVED by the Board of Commissioners of Twiggs County, Georgia, as follows: 1. The various elected County officers and the elected members of the governing authority of Twiggs County, Georgia, are hereby included in the definition of “employee,” within the meaning of § 34-9-1, Official Code of Georgia Annotated. 2. This resolution shall be effective immediately upon its passage. 3. All resolutions or parts thereof in conflict herewith are hereby repealed. Adopted as Resolution 95-08, August 1, 1995. Statutory References: 34-9-1. Cross References: § 275.210; § 275.301; § 275.500; § 275.501. Index Headings: Personnel, County.


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Section 275.301: A resolution relating to the continuation of certain employee benefits of eligible persons leaving county employment. WHEREAS, the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986, Public Law 92-272,* requires the extension of various health benefits to terminated County employees and to their beneficiaries under various circumstances; and

WHEREAS, § 2202(3) (A) and (B) of said Act permits the plan to require payment of a premium not to exceed 102 percent of the applicable premium for such period, which may be made in monthly installments; and

WHEREAS, § 2202(3) further provides that if election is made after the qualifying event, the payment for coverage between the date of qualifying and election of coverage may be paid within 45 days after the date of election; and

WHEREAS, the Act does not prohibit the requirement that upon election, tender of payment of applicable premium for the next succeeding month be made and, thereafter, the premium for each succeeding month of continuation coverage be received no later than the last day of the preceding month.

NOW, THEREFORE, BE IT RESOLVED as follows:

That the Twiggs County Group Health Plan will require the payment of a premium of 102 percent of the applicable premium for continuation of coverage as provided under COBRA;

That the tender of the 102 percent of the applicable premium for the persons and dependents to be covered for the month following the election shall be required at the time of the election;

That in order to maintain continuing coverage, 102 percent of the applicable premium for each successive month for the persons and dependents to be covered must be received by the county no later than the last day of the preceding month. Failure to tender such required premium promptly will result in immediate termination of benefits;

That the payment of the required premium for the period of coverage between the date of the qualifying event and the date of election must be tendered to


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the County not later than 45 days after the date of election. Failure to tender such payment promptly will result in immediate termination of benefits. Adopted as Resolution 86, October 21, 1986. Statutory References: See editor’s notes. Editor’s Notes: *The Consolidated Omnibus Budget Reconciliation Act (COBRA) is clearly intended, but the correct citation for that act is Public Law 99-272. The relevant provisions are found at 100 Stat. 222, Title X, § 10001 et seq. Cross References: § 275.500 Index Headings: Personnel, County.


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Section 275.410: A resolution relating to the county retirement system.

RESOLVED, that the form of amended Twiggs County Employees’ Profit Sharing Plan effective January 1, 1989, presented to this meeting is hereby approved and adopted and that the proper officials are hereby authorize and directed to execute and deliver to the Trustees of the Plan one or more counterparts of the Plan.

RESOLVED, that for purposes of the limitations on contributions and

benefits under the Plan, prescribed by § 415 of the Internal Revenue Code, the “limitation year” shall be the Plan Year.

RESOLVED, that the proper officials shall contribute to the Plan for each

such fiscal year such amount as shall be determined by the Board of Commissioners and that the proper officials are authorized and directed to pay such contribution to the Trustee of the Plan in cash and to designate to the Trustee the year for which such contribution is made.

RESOLVED, that the proper officials shall act as soon as possible to notify

the employees of the adoption of the amended Profit Sharing Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved. Adopted on an oral vote July 20, 1993. No signed or certified copy has been found. Statutory & Other References: 26 U.S.C. 415. Cross References: § 275.415; § 275.500. Index Headings: Personnel, County.


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Section 275.411: A resolution relating to the county employee retirement system. WHEREAS, the Board has previously voted to submit the Twiggs County Board of Commissioners 401(k) Profit Sharing Plan to the Internal Revenue Service (“IRS”) to bring the Plan into compliance with various provisions of the Internal Revenue Code and IRS regulations; WHEREAS, the IRS reviewer has requested that the County amend the adoption agreement that currently has an effective date of January 1, 2000, to instead provide that it was effective as of January 1, 1989; WHEREAS, the adoption agreement in question first added the 401(k) provision to the Plan as of January 1, 2000; NOW, THEREFORE, the Board hereby resolves that the adoption agreement that currently has an effective date of January 1, 2000, shall be amended to have an effective date of January 1, 1989, but that the provisions of the adoption agreement that provide for elective deferrals under Section 401(k) of the Internal Revenue Code shall nevertheless be effective as of January 1, 2000. Adopted December 6, 2005. Editor’s Notes: This section may affect or supercede portions of each section cross-referenced hereunder. Statutory & Other References: 26 USC 401 Cross References: This section relates closely to § 275.410; § 275.420; § 275.415; § 275.500; § 275.502. Index Headings: Personnel, County.


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275.415: A resolution relating to hardship distributions from the county retirement plan. WHEREAS Twiggs County Commissioners (“the Board”) adopted the Datair Mass Submitter Non-Standardized Cash or Deferred Profit Sharing Plan effective 1 January 2000 (“the Plan”); WHEREAS the Board wishes to amend the Plan; THEREFORE the Board does hereby amend its present Profit Sharing Plan effective 1 May 2002; FURTHER RESOLVED that Section G Distribution Provisions, Item 5 Hardship Distributions, of the Adoption Agreement shall be changed to “(a) Hardship Distributions are permitted”. FURTHER RESOLVED that Section G Distribution Provisions Item 5 Hardship Distributions, of the Adoption Agreement shall be item “(d.3.) Subject to limitation, Hardship Distributions may be taken from the Elective Contribution Account only”. FURTHER RESOLVED that the Board be, and hereby are, authorized and directed to take such actions as may be necessary to effectuate the amendment of the Plan. FURTHER RESOLVED I, Ray Bennett, by virtue of the authority vested in me as Chairman of the Board of Commissioners, Twiggs County, Georgia, do hereby agree, sign and attest to the majority of the Board agreeing to accept the change to the Plan to allow hardship withdrawals. Adopted May 7, 2002. Cross References: § 275.410. Index Headings: Personnel, County.


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Section 275.420: A resolution relating to the exclusion of remuneration for certain services from social security and pension system coverage.

WHEREAS, officials of the County of Twiggs, did enter into a Plan and Agreement with the Employees’ Retirement System of Georgia for extending to its employees the insurance system established by Title II of the Social Security Act, and

WHEREAS, the original agreement did include the services of election

officials and election workers. WHEREAS, it is at this time the desire of the County of Twiggs, to exclude

the services performed by election officials or election workers for each calendar year prior to the year 2000 in which the remuneration paid for such services is less than $1000, and for each year after 1999 in which the remuneration paid is less than the adjusted amount, as described below, beginning with services performed in the year that this modification was mailed or delivered by other means to the Commissioner.

The $1000 limit on the excludable amount of remuneration paid in a

calendar year for the services specified in this modification will be subject to adjustment for calendar years after 1999 to reflect changes in wages in the economy without any further modification of the agreement, with respect to such services performed during such calendar years, in accordance with § 218(c)(8)(B) of the Social Security Act.

NOW, therefore, be it resolved, that the contract approved and accepted by

the Employees’ Retirement System of Georgia be, and it is hereby, amended to exclude the above services effective January 1, 1996.

BE IT FURTHER RESOLVED that this amendment shall be effective as of

October 1, 1996. Adopted as Resolution 96-08, October 1, 1996. Statutory & Other References: 42 U.S.C. 401 et seq. Cross References: §275.500. Index Headings: Personnel, County.


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Section 275.500: An employee handbook for county personnel.

TABLE OF CONTENTS Editor’s Note: The page numbers in this table reflect the numbering scheme of the employee handbook as it appears in this Code, and do not agree with the numbering scheme of individual copies of the employee handbook printed elsewhere. The substantive content of the employee handbook as it appears here is identical to the separately printed booklet as of the date of this codification. The use of boldface, capitalization, and underlining as it appears in the separately printed booklet is duplicated here.

Welcome to New Employees – 95 Preface and Introductory Statement – 95

Employee Acknowledgement – 97 Equal Employment Opportunity – 97

Immigration – 98 Employment Information – 98

Vacant Positions – 99 Applications – 100 Appointment – 101 Merit Review – 103

Hiring of Relatives – 104 Conflicts of Interest – 104

Outside Employment – 105 Non-Disclosure – 106

Employment Categories – 106 Personnel Records – 107

Access – 108 Probationary Period – 108

Budgetary Policy – 109 Tenure Scale – 110

Budgetary Policy for Road Shop – 110 Employee Training – 111

Gratuities – 111 Employee Benefits – 111

Vacation – 112 Holidays – 113

Comp. Time – 114 Worker’s Comp – 115


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Insurance – 115 Retirement – 115 Sick Leave – 116

Time off to Vote – 117 Bereavement Leave – 117

Jury Duty – 118 Witness Duty – 118

COBRA – 119 Timekeeping – 119

Paydays – 119 Employment Termination – 120

Severance Pay – 120 Pay Advances – 121

Pay Corrections – 121 Deductions & Set-Offs –122

Safety – 122 Work Schedules – 124

Use of Phones, Computers, Mail, Internet – 124 Smoking – 125 Overtime – 125

Use of Equipment – 126 Emergency Closings – 126

Family Leave – 126 Military Leave – 128

Maternity Related Absences – 128 Substance Abuse Policy – 129

Employee Conduct – 137 Unlawful Harassment – 138

Attendance and Punctuality – 139 Return of Property – 140

Solicitation – 140 Political Activities – 141

Disciplinary Action Responsibilities – 141 Types of Disciplinary Action – 143

Records of Disciplinary Action – 146 Right of Appeal – 146 Grievance Policy – 147

Life-Threatening Illnesses – 147 Return to Work Policy – 148

Retirement – 149


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Welcome new employee! On behalf of your colleagues, I welcome you as a new employee of Twiggs County and wish you every success here. We believe that each employee contributes directly to Twiggs County’s growth and success, and we hope you will take pride in being a member of our team. This handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves with the contents of the employee handbook as soon as possible, for it will answer many questions about employment with Twiggs County. We hope that your experience here will be challenging, enjoyable, and rewarding. Again, welcome! Sincerely, Twiggs County Commission

PREFACE

These policies have been adopted by the Twiggs County Board of Commissioners at their regular meeting on 5 March 2002 to be effective as of this date.1 They shall constitute an employee policy, under the provisions of O.C.G.A. Section 36-1-21 and shall be applicable to all matters of employment subject to the jurisdiction of the Board of Commissioners, and to all positions of employment either under the jurisdiction of the Board of Commissioners or for which the elected county officer, commission, board, or body shall have made written application to be covered under this system.

All county positions constitute employment at will and within the discretion and at the pleasure of the officer, board, agency, or entity, which by law is given the discretion of hiring and firing for such position. There can be no legitimate expectation of continued employment, notice prior to termination, reason for termination, or termination exclusively for cause in any position, and nothing in this personnel system should be construed as creating any property interest in any position.


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INTRODUCTORY STATEMENT This handbook is designed to acquaint you with the county and to provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. You should read and comply with all provisions of the handbook. It describes many of your responsibilities as an employee and outlines the programs developed by Twiggs County to benefit employees. No employee handbook can anticipate every circumstance or question about policy. As Twiggs County continues to grow, the need may arise to change policies described in the handbook. This policy should therefore not be construed as a contract between the county and any employee, but a developing system, subject to unilateral amendment by resolution of the governing authority of the County, the Twiggs County Board of Commissioners. It is reiterated that nothing in this manual is intended to or shall be construed to create any legitimate expectation of continued employment in the county, notice of or reason for termination, or any right to hearing; all employees serve at the pleasure of the applicable hiring or firing authority. The Board of Commissioners believes in and supports a harmonious work environment coupled with the necessary discipline to maintain professionalism. That policy includes applying a chain of command for work and disciplinary actions both up and down the workforce. Effective management and this chain of command will not prevent any employee to discuss work or personal concerns with management or Commissioner. This action is in effect for established policies, procedures, and their implementation. Failure to adhere to this chain of command by employees or Board Members will result in the appropriate disciplinary action and/or censure by the Board. Personnel problems should, if possible, be presented first to the supervisor; only if resolution at this level cannot be achieved should the matter be brought to the County Administrator. For some matters, individual supervisors who are elected or appointed officials may be the final arbiters. Likewise, Board Members who become aware of a personnel issue should bring the issue to the County Administrator for appropriate action.


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EMPLOYEE ACKNOWLEDGEMENT FORM The employee handbook describes important information about Twiggs County, and I understand that I should consult with my departmental supervisor or department head regarding any questions not answered in the handbook. Since the information, policies, and benefits described here are necessarily subject to change, I acknowledge that revisions to the handbook may occur. All such changes will be communicated through official notices, and I understand that revised information may supercede, modify, or eliminate existing policies. Only the Twiggs County Commission has the ability to adopt any revisions to the policies in this handbook. Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document. I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it. ___________________________________ EMPLOYEE’S SIGNATURE ________________ DATE ___________________________________ Employee’s Name (Typed or Printed)

EQUAL EMPLOYMENT OPPORTUNITY In order to provide equal employment and advancement opportunities to all individuals, employment decisions of the county will be based on merit, qualifications, and abilities. Except where required or permitted by law, employment practices will not be influenced or affected by an applicant’s or employee’s race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. Twiggs County will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.


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Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor or the County Administrator. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.

IMPLEMENTATION OF THE EEO POLICY All personnel responsible for recruitment and employment shall continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable performance related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, creed, religion, national origin, or disability. To this end, the County Administrator shall serve as the Equal Employment Opportunity Officer.

IMMIGRATION LAW COMPLIANCE Twiggs County is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986,2 each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the county within the past three years, or if their previous I-9 is no longer retained or valid. Employees with questions or seeking more information on immigration law issues are encouraged to contact their supervisor or the County Administrator.

EMPLOYMENT INFORMATION GENERAL

This personnel manual is designed to relate personnel policies and practices that are consistent with recognized merit principles. Merit principles should be included in formally adopted personnel policies in order to achieve more efficient and effective use of the county’s most valuable asset – its employees. The fair and equitable treatment of each county employee through application of merit system


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principles should help each employee to feel secure and satisfied during his/her employment with the county. Implementation of an equitable personnel administration policy should also enhance employee morale and performance. The personnel policies outlined herein contain assurance to county employees that appointments, promotions, compensation, and all other personnel decisions will, henceforth, be based on merit principles. The principle of merit holds that all county personnel actions should be based on job performance rather than non-job related factors such as friendship, kinship, or political affiliations. With this concept in mind, the employee, the county, and taxpayers should benefit since personnel decisions will be based on accepted personnel management principles. Twiggs County assures that the following concepts will be stringently followed in all personnel decisions: (1) Recruiting, selecting, and advancing employees for positions will be conducted after considering a given employee’s relative ability, knowledge, and those skills required for job performance. (2) Equitable compensation will be provided for each position. (3) Employees will be retained on the basis of performance or after correction of inadequate performance. Those employees whose inadequate performance cannot be corrected shall be terminated from the county’s employment. All applicants and employees will be treated fairly in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, disability, or religious creed and with proper regard for their privacy and constitutional rights as citizens.

ANNOUNCEMENT OF VACANT POSITIONS Upon written notification by the respective department head, the County Administrator shall publicize all vacancies unless an existing employee, either part-time or permanent, is selected to fill the vacancy. Announcements of vacant positions shall be advertised for a minimum of ten (10) working days, by posting in the county courthouse, publication in the county organ, and advertisement with any additional means that the Board of Commissioners determine. The announcement of vacant positions shall specify the title and salary range of the respective positions to be filled, necessary qualifications and special requirements, manner of making


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application (including deadline for submitting applications), and any other information deemed pertinent by the Board of Commissioners.

APPLICATION FORMS All applications for work with Twiggs County under the hiring authority of the Board of Commissioners, County Administrator, and all other officials, agencies and Boards of the County shall be made on standard forms approved by the Board of Commissioners. A copy of the current form, and as it may be amended from time to time by the Board of Commissioners is attached to this policy as Exhibit A. The respective applicant shall sign all application forms.

RECEIPT AND DURATION OF APPLICATIONS Twiggs County relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in Twiggs County’s exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. As a general policy, Twiggs County will accept applications for employment at any time, regardless of whether a vacancy has been announced. However, all vacancies shall be announced in the manner specified above, regardless of any applications on file at the time the vacancy occurs. All employees must consent during the application process to a background check and to furnish a motor vehicle record with the application performed by the Georgia State Patrol. Applications will be accepted at the Twiggs County Courthouse (or Annex if applicable) Board of Commissioners office, during regular business hours. Applications received prior to a specific vacancy announcement will be placed in an active file for a period of two months and all applicants shall be informed of this. Applications that are submitted for a specific vacancy that has been announced will be kept in a separate file and shall be accepted until the stated deadline. No action may be taken on a vacant position until the ten-day announcement period and deadline, whichever last occurs. A single application will be considered for all classes of position in which the principal qualifications of the candidate might be profitably used.


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EMPLOYMENT REQUIREMENTS All positions with Twiggs County under the hiring authority of the Board of Commissioners, County Administrator, and all other officials, agencies and Boards of the County shall be open only to those persons who meet the necessary or desirable job related requirements as listed on the public announcement described in the section above. These may include, but shall not be limited to education, training, knowledge, skills and abilities.

QUALIFICATIONS AND EVALUATIONS Employees shall meet the employment standards established by the position classification plan and such other reasonable minimum standards as to character, aptitude, ability to meet the public, or physical condition as may be established by the official(s) authorized to hire. All employees must take and pass a drug and physical test to be paid for by the County. However, any minimum standards for job qualification that are established must be necessary for satisfactory performance of the position in question, and shall not discriminate against any race, sex, nationality or religion. Discrimination in employment of any person who is an applicant for a county position because of race, creed, color, sex, political affiliation or national origin is strictly prohibited.

REVIEW All applications for vacancies occurring with Twiggs County shall be reviewed in an objective and unbiased manner according to the procedures established in this code.

RECORD OF APPLICANTS The Assistant Clerk shall be responsible for maintaining records of all applications received for work in the county service. Information to be recorded shall include the sex, race and national origin of all applicants, plus the position for which applied. The Assistant Clerk shall also record when the application was received and placed in the active file, dispensation of the application, and when the application was removed from the active file.

APPOINTMENT Positions in Twiggs County shall be filled from the applications received,


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taking into consideration ratings of training and experience; written, oral, physical and/or performance tests, personal interview; or any combination of the above factors as deemed necessary by the hiring authority to determine fitness for the vacant position. In addition, the applicant’s education, experience, knowledge, skills, and abilities will be evaluated in order to determine the applicant’s relative ability to perform in the position sought. In some circumstances, the hiring authority may require the applicant to submit proof of education, military service or any other such documentation deemed necessary or appropriate. When the period of time for announcement of any vacant position(s) with the county has expired, applications for the vacant position(s) will be accepted until the ten day announcement period and the application deadline, whichever last occurs. At that time, the County Administrator or other designated hiring authority will rate and rank all applications received during the above stated period of time plus all appropriate applications on active file. Upon receipt of the applications, the hiring authority or Administrator shall be responsible for reviewing the applications, inquiring or investigating as appropriate, and arranging interviews of prospective candidates. After a candidate is selected, notice of such selection shall be forwarded to the Administrator (if selection done by other hiring authority) and then to the Board of Commissioners, where, if such selection is subject to the approval of the Board, further review, inquiry and investigation, and interview may be instituted. Once approved, the candidate shall be hired, allocated to the proper position within the classification plan and placed in the appropriate grade and step on the pay plan by the Administrator. Any discussion or negotiation of employment compensation shall be conducted directly between the candidate and the Administrator. An appeal of the resulting decision can be made to the Board of Commissioners. If the candidate is not approved, the appointment process shall be repeated until a candidate is selected, approved, and hired. When a vacant position in the county has been filled according to the procedure outlined above, the County Administrator shall immediately notify all applicants who were not selected that the vacancy has been filled. If a selected employee does not fulfill the conditions of probation satisfactorily as detailed herein, the County Administrator has the option of filling the position with the next person on the list of qualified candidates with the approval of the County Commission.


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MERIT REVIEW Each employee will receive an appraisal of his or her work performance by his or her departmental supervisor. This performance report will be discussed with the employee at the end of the first six months of service or sooner and at least once a year thereafter. The report is used as a basis for granting permanent status at the end of the employee’s first six months as well as for all promotions, transfers, and merit increases. Salary adjustments and/or promotions shall be determined on the basis of merit as confirmed by the performance evaluation. Criteria used in the employee performance evaluation shall be as follows: (1) Personal Appearance – neatness; grooming cleanliness. (2) Dependability – reliability (ability to follow instructions); punctuality; compliance with county rules and regulations. (3) Quality of Work – cooperation; thoroughness; initiative; accuracy. (4) Leadership – acceptance of responsibility; ability to supervise and direct. (5) Judgment – common sense and practicality; adaptability; flexibility; and accuracy of decisions. (6) Knowledge of Job – rules, regulations, and procedures; innovativeness to meet job demands; thoroughness in performing job related tasks. (7) Temperament and Personal Traits – self control under stress; firm, fair, and impartial; accepts constructive criticism; adjusts well to most situations. The departmental supervisor shall conduct the performance evaluation and when such evaluation is complete, upon request of the employee, the departmental supervisor shall meet with employees on an individual basis to discuss the evaluation, findings, and recommendations. An employee may appeal in writing a supervisor’s evaluation to the County Administrator who shall determine whether or not the performance evaluation is acceptable. The County Administrator’s decision may be appealed in writing to the County Commissioners, and the resulting decision and recommendations regarding the evaluation shall be final and conclusive.


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HIRING OF RELATIVES The employment of relatives in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried into day-to-day working relationships. Relatives of persons currently employed by Twiggs County may be hired only if they will not be working directly for or supervising a relative or will not occupy a position in the same line of authority within the organization. This policy applies to any relative, higher or lower in the organization, which has the authority to review employment decisions. County employees cannot be transferred into such a reporting relationship. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If that decision is not made within 30 calendar days, the County Administrator shall decide, with appeal rights to the County Commission if necessary. In other cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the parties may be separated by reassignment or terminated from employment. For the purposes of this policy, relatives are defined to include spouses, parents, children, brothers, sisters, brothers and sisters-in-law, fathers and mothers-in-law, stepparents, stepbrothers, stepsisters, and stepchildren. This policy also applies to individuals who are not legally related but who reside with another employee.

CONFLICTS OF INTEREST Employees have an obligation to conduct county business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the county wishes employees to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of the county’s day-to-day dealings. For the purposes of


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this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. No “presumption of guilt” is created by the mere existence of a relationship with outside organizations. However, if an employee has any influence on transactions involving purchases, contracts, or leases, it is imperative that he or she discloses to an officer of the county as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership in an organization with which the county does business but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the county. Any improper transfer of material or disclosure of information, even though it is not apparent that an employee has personally gained by such action, constitutes unacceptable conduct. Any employee who participates in such a practice will be subject to disciplinary action, up to and including possible termination of employment.

OUTSIDE EMPLOYMENT Employees may hold outside jobs as long as they meet the performance standards of their job with Twiggs County. Employees should consider the impact that outside employment may have on their health and physical endurance. All employees will be judged by the same performance standards and will be subject to the counties scheduling demands, regardless of any existing outside work requirements. If it is determined that an employee’s outside work interferes with performance or the ability to meet the requirements of the county as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with Twiggs County. Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive any income or material gain from individuals outside Twiggs County for materials produced or services rendered while performing their jobs.


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NON-DISCLOSURE

The protection of confidential business information is vital to the interests and the success of the county. Such confidential information includes, but is not limited to, the following examples: 1. Employee’s personnel records. 2. Legal direction/advice on pending lawsuits involving the County or County employees. 3. Competitive bidding on projects for the County. Employees who are exposed to confidential information may be required to sign a non-disclosure agreement as a condition of employment. Any employee who discloses confidential county information will be subject to disciplinary action, up to and including possible termination of employment and legal action, even if he or she does not actually benefit from the disclosed information.

EMPLOYMENT CATEGORIES A. Probationary Employee: Certified full-time and certified part-time employees are on probation during the first six (6) months of employment. During this period, they must demonstrate the ability to carry out their duties and responsibilities in a satisfactory manner. All promoted employees are on probation during the first six (6) months in the new position. During this promotion probationary period, they will be required to maintain at least a fully satisfactory work record. Less than fully satisfactory will result in termination or reassignment to the position from which promoted with pay returned to that level. B. Temporary Full-Time Employee: A person who is appointed for a specified period of time (less than 12 months) and who is scheduled to work forty (40) hours per week. Employees in this category are eligible for all benefits in cases where the initial appointment is for six (6) months or more. Those employees appointed in this class for less than six (6) months are not eligible for any benefits. C. Substitute Appointment - At the request of the hiring authority, the Board of Commissioners may approve a substitute appointment of a county employee to temporarily fill a position in a higher classification. The conditions for a substitute


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appointment are when the need to fill a vacancy exists, and a qualified applicant is not immediately available. A substitute appointment may be made to fill the position until such time as the vacancy may be filled by an indefinite appointment. D. Temporary Part-Time Employee: A person who is appointed for a specified period of time (less than 12 months) and who is scheduled to work less than forty (40) hours per week. Employees in this class are not eligible for any benefits. E. Regular Part-Time Employee: A person who is appointed to serve in a position for an indefinite duration and is regularly scheduled to work less than forty (40) hours per week. Employees in this class are not eligible for any benefits. Employees in this class are not eligible for an additional days pay if they work on a holiday. F. Regular Full-Time Employee: A person who is appointed to serve in a position for an indefinite duration and is regularly scheduled to work a minimum of forty (40) hours per workweek. It does not give any employee any legitimate expectation of continued employment, since all county positions, unless specifically made so by Georgia statute, are employment at will, terminable at any time in the sole discretion of the firing authority, without or without notice or cause. G. Department Heads: An employee appointed by the County Administrator and approved by the Commissioners to work at the will of the County Commission. Department Heads are expected to work a minimum of forty (40) hours per week.

PERSONNEL RECORDS MAINTENANCE Personnel records that are necessary for the proper administration of the personnel system will be maintained by the Twiggs County Assistant Clerk. The county shall maintain in personnel records only information that is relevant to accomplishing personnel administration purposes. At a minimum, the following information on each employee shall be maintained: a: name b: date of original employment or appointment c: current position and title d: current salary e: office to which the employee is currently assigned


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In compliance with applicable federal and state laws, Twiggs County shall keep medical information for each employee in a separate medical file. Medical information will not be kept in personnel files.

ACCESS TO PERSONNEL FILES Twiggs County maintains a personnel file on each employee. The personnel file includes such information as the employee’s job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Personnel files are the property of Twiggs County, and access to the information they contain is restricted. Generally, only supervisors and management personnel of the county who have a legitimate reason to review information in a file are allowed to do so. Employees who wish to review their own file should contact the County Administrator. With reasonable advance notice, employees may review their own personnel files in the personnel office and in the presence of an individual appointed by the county to maintain the files.

PERSONNEL DATA CHANGES

It is the responsibility of each employee to promptly notify the county of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times.

PROBATIONARY PERIOD

The probationary period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. Twiggs County uses this period to evaluate employee capabilities, work habits, promptness, and other pertinent characteristics. All new and rehired employees work on a probationary basis for the first year after their date of hire. Employees who are promoted or transferred within Twiggs County must complete a secondary probationary period of the same length with each reassignment to a new position. Any significant absence will automatically extend a probationary period by the length of the absence.


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At least twenty working days prior to the end of the employee’s one year probationary period, the department head or departmental supervisor shall notify the County Administrator in writing that either:

(a) The employee has successfully completed his or her probationary period and is capable of satisfactorily performing the position’s duties and is, henceforth, to be considered a regular employee with all rights and privileges due him or her; or (b) The employee has demonstrated an ability to perform the position’s duties but the department head or supervisor recommends that the County Administrator consider extending the employee’s probationary period by six-months because the employee may benefit from such an extension; or (c) The employee has not demonstrated ability to perform satisfactorily the position’s duties and is to be separated from county employment, or if promoted from another position returned to the previous or a similar classification, if available. During the initial probationary period, new employees are eligible for those benefits that are required by law, such as workers’ compensation insurance and Social Security. After becoming regular employees, they may also be eligible for other Twiggs County-provided benefits, subject to the terms and conditions of each benefits program. Employees should read the information for each specific benefits program for the details on eligibility requirements. Benefits eligibility and employment status are not changed during the secondary probationary period that results from a promotion or transfer within Twiggs County.

BUDGETARY POLICY FOR COUNTY CONSTITUTIONAL OFFICES4 The Board of Commissioners incorporated the following principals regarding clerical staff for County Office & Constitutional Offices for budgetary purposes. The budget cycle will commence on 1 January of each year and should include the applicable numbers per employee as shown on the approved Tenure Scale. 1. An intern clerk will serve a one year probationary period at a pay rate of $8.32 per hour or $17,305.60 per year and will be budgeted as such. 2. Part-time clerical help will be budgeted at the above rate and upon an “as needed” basis.


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3. Clerical employees will reach a 1st or assistant clerk status after successful completing a probationary period of one year and will earn $9.03 per hour or $18,782.40. 4. Position of 1st clerk and/or master clerk for all county offices & offices of constitutional officers will be budgeted by employing only the number of clerks required to conduct and discharge the responsibilities essential to serve the citizens of Twiggs County. 5. To recognize the County and Constitutional office employees that have maintained years of faithful service, the Board of Commissioners will budget for term based on the following scale.

TENURE SCALE4

Tenure would begin after the employee has completed 3 years of service to the County. i.e. after 6 years of continuous service. An employee would be recognized for the first of seven 3 years tenure cycles ending after 24 years of service. Years of Tenure Pay Service 6 yrs $300 9 yrs $600 12 yrs $900 15 yrs $1200 18 yrs $1500 21 yrs $1800 24 yrs $2100

BUDGETARY POLICY FOR COUNTY ROAD SHOP Twiggs County revised the pay scale of the road shop during the 2003 year to address a historic under-funding of this department. A new pay scale set for new heavy equipment operators with the required CDL was implemented on 5 August 2008 from $7.80 per hour to $9.74.


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EMPLOYEE TRAINING Twiggs County shall endeavor to assist and/or provide employee training and educational opportunities depending upon availability of funds and county business needs. Funds will be made available from each respective county department budget.

ACCEPTANCE OF GIFTS OR GRATUITIES No employee may accept gifts, gratuities, or loans from any organization, business concern, or individual with whom he or she has official relationships that arose by virtue of employment with Twiggs County. These limitations are not intended to preclude the acceptance of articles of negligible value such as coffee cups or hats that are distributed generally, nor to prohibit social courtesies which promote good public relations, nor to prevent employees from obtaining loans from regular lending institutions. Nevertheless, it is of great importance that inspectors, contracting officers, department heads, and enforcement officers maintain consistent relations of impeccable propriety. Gifts that are unacceptable would be an offer to buy lunch, or gifts with a value greater than $5.00.

EMPLOYEE BENEFITS Eligible employees of Twiggs County are provided a wide range of benefits. A number of programs (such as Social Security, worker’s compensation, and unemployment insurance) cover all employees in the manner prescribed by law. Benefits eligibility is dependent upon a variety of factors, including employee classification, and your supervisor can identify the programs for which you are eligible. The Twiggs County benefit package is free for its employees and includes: Salaries Major Medical Health Insurance Prescription Card Service Life Insurance Dental Vision Long Term Disability Insurance Retirement Worker’s Compensation


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Additional information on these programs can be obtained through the Twiggs County Commission Office.

VACATION TIME Vacation time off with pay is available to every employee in the county holding a permanent status position and having occupied such position for a period of twelve consecutive calendar months to provide opportunities for rest, relaxation, and personal pursuits. The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule.

VACATION EARNING SCHEDULE --------------------------------------------- After 1 year of service 5 days After 3 years of service 10 days After 8 years of service 15 days After 15 years of service 20 days ---------------------------------------------- Once employees enter an eligible employment classification, they begin to earn paid vacation time according to the schedule. However, before vacation time can be used, a waiting period of 365 calendar days must be completed. After that time, employees can request use of earned vacation time including that accrued during the waiting period. Employees are requested to schedule desired annual leave within the first month of the county’s fiscal year and submit that schedule to their Departmental Supervisor. Paid vacation time can be used in minimum increments of one-half day. To take vacation, employees must request advance approval from their departmental supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Vacation time off is paid at the employee’s base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. If a regularly scheduled holiday occurs while an employee is on annual leave, that employee shall be granted an additional day of vacation leave.


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As stated above, employees are encouraged to use available paid vacation time for rest, relaxation, and personal pursuits. However, absence on account of sickness, injury, or disability in excess of that heretofore authorized for such purpose may, at the request of the employee and within discretion of the department head, be charged against vacation leave allowance. Vacation leave benefits are calculated on the basis of a “benefit year,” the 12-month period that begins when the employee starts to earn vacation leave benefits. In the event that available vacation is not used by the end of the benefit year, employees can opt to be paid for the unused time. Vacation time will not be carried forward and it is the responsibility of each employee to determine if they want to be paid or use their annual leave. Vacation leave not used or identified to be paid by the employee will be forfeited in the next pay period after the start of the next benefit year. Each department head shall keep record of annual leave allowance and use by their employees. Also, each departmental head shall schedule annual leave with regard to employee seniority, operating requirements and, insofar as possible, with the request of the employees. Upon termination of employment, employees will be paid for unused vacation time that has been earned through the last day of work.

HOLIDAYS Twiggs County will grant holiday time off to all employees on the holidays listed below. New Year’s Day (January 1) Martin Luther King (observed on the Monday after 15 January) Confederate Memorial Day (April 26) National Memorial Day (May 27) Independence Day (July 4) Labor Day (first Monday in September) Columbus Day (October 14) Veteran’s Day (November 11) Thanksgiving (fourth Thursday and following Friday in November) Christmas (December 24 and 25) Holiday pay will be calculated based on the employee’s straight- time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on that day. An employee who does not work the last


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scheduled day before a holiday or the first scheduled day after a holiday shall not receive pay for the holiday unless the absence is excused by the department head. A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday. If a recognized holiday falls during an eligible employee’s paid absence (e.g., vacation, sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied. Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime. County employees who are required to work on any of the above holidays may be given compensatory time off if approved by their department head.

COMPENSATORY TIME FOR SALARIED EMPLOYEES Compensatory time is defined as time off for time worked on a holiday (if approved or required by their respective department head for non-salaried employees), or time worked outside normal duty hours for salaried employees. Typically, this time will only accrue for department heads and is intended only to apply to meetings that occur outside normal duty hours and for periods lasting for more than an hour. Those meetings must be identifiable through minutes or publication in the legal organ of the County of a notice to the meeting’s time, purpose, and date. Time worked on a voluntary basis or in accomplishing a job assignment is expected as normal duty requirements of salaried department head employees and will not be normally addressed as compensatory time. Questions on individual cases can be addressed through the County Administrator. The respective department heads are responsible for tracking both earned and used compensatory leave and furnishing a monthly statement to the County Administrator to that effect. If no leave is turned in by the end of the first full week of the following month, then no compensatory leave will be deemed as being earned for the previous month. When used, compensatory time must be clearly indicated as to the day and hours used on the time sheet for the pay period turned in. Compensatory time must be taken in the same year as it is earned, or within the first two months of the following year.


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COMPENSATORY TIME FOR HOURLY EMPLOYEES Hourly workers with hours worked in excess of 40 in a workweek are overtime hours which must be compensated at one and one-half times the actual number of hours worked in excess of 40. An hourly worker’s overtime hours may be compensated with the allowance of compensatory time in lieu of overtime pay at the discretion of the department head. Compensatory time will be allowed as time off for time worked in excess of 40 hours in a work week at one and one-half times the actual number of hours worked in excess of 40. The number of hours earned and used must be identified on the individual’s time sheet in the period that leave is earned/used. Scheduling the use of compensatory time must be made with the individual’s supervisor prior to use. Compensatory time must be taken in the same year as it is earned, or within the first two months of the following year.

WORKERS’ COMPENSATION INSURANCE Twiggs County provides a comprehensive workers’ compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers’ compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on- the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Supervisors are required by law to report injuries with-in 24 hours of it being incurred so that it can be reported to the insurance carrier. Neither Twiggs County nor the insurance carrier will be liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the county.

EMPLOYEE INSURANCE AND RETIREMENT Twiggs County provides a retirement program, major medical and hospitalization insurance to full-time county employees. If employees so choose,


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they may pay additional premium costs and receive dependent coverage. Questions concerning benefits and coverage of both insurance and retirement programs should be directed to the respective departmental supervisor or the County Administrator.

SICK LEAVE BENEFITS Twiggs County provides paid sick leave benefits to all eligible employees for periods of temporary absence due to illnesses or injuries. Eligible employees will accrue sick leave benefits at the rate of 12 days per year, or one day per month. Paid sick leave can be used in minimum increments of one hour. Eligible employees may use sick leave benefits for an absence due to their own illness or injury or that of a family member who resides in the employee’s household. Employees who are unable to report to work due to illness or injury should notify their departmental supervisor before the scheduled start of their workday if possible. The departmental supervisor must also be contacted on each additional day of absence. After three days of sick leave, a doctor’s excuse must be provided upon the worker’s return to work. Each department head or Constitutional Officer shall keep correct and accurate records of all sick leave and report to the assistant clerk the use of sick leave by county employees. The assistant clerk shall make a record of sick leave for each employee, which shall include the number of days or hours taken and remaining for each employee. In cases of extended sick leave, the county may require a physician’s statement to verify a disability and/or illness prior to allowing an employee to return to work. Such verification may be requested for other sick leave absences as well and may be required as a condition to receiving sick leave benefits. As an additional condition of eligibility for sick leave benefits, an employee on an extended absence must apply for any other available compensation and benefits, such as workers compensation. Sick leave benefits will be used to supplement any payments that an employee is eligible to receive from state disability insurance, workers’ compensation or county-provided disability insurance programs. The combination of any such disability payments and sick leave benefits cannot exceed the employee’s normal weekly earnings. Unused sick leave benefits will be allowed to accumulate until the employee retires. Then the employee can elect to be paid one half of the time earned or use


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the time to count towards retirement. Resignations or firings are exempt from this benefit. Sick leave benefits are intended solely to provide income protection in the event of illness or injury, and may not be used for any other absence. Unused sick leave benefits will not be paid to employees while they are employed or upon termination of employment. Absence due to accident or natural illness while unfortunate is all but inevitable; and it is the object of Commission Chairman and Commission to provide reasonable assistance to employees during such periods. Payment for hours not worked during a period of disability because of an employee’s sickness or injury shall be considered on the merit of the case. The period for which the payment is made for hours not worked, if any, will be determined by the circumstances present and the length of service of the employee concerned.

TIME OFF TO VOTE Twiggs County encourages employees to fulfill their civic responsibilities by participating in elections. Generally, employees are able to find time to vote either before or after their regular work schedule. If employees are unable to vote in an election during their nonworking hours, Twiggs County will grant up to one hour of paid time off to vote. Employees should request time off to vote from their departmental supervisor at least two working days prior to the Election Day. Advance notice is required so that the necessary time off can be scheduled at the beginning or end of the work shift; whichever provides the least disruption to the normal work schedule.

BEREAVEMENT LEAVE If an employee wishes to take time off due to the death of an immediate family member, the employee should notify his or her supervisor immediately. Up to three days of paid bereavement leave will be provided to eligible employees for immediate family. Any employee may, with the supervisor’s approval, use any available paid leave for additional time off as necessary.


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Twiggs County defines “immediate family” as the employee’s spouse, parent, child, sibling; the employee’s spouse’s parent, child, or sibling; the employee’s child’s spouse; grandparents or grandchildren.

JURY DUTY Twiggs County encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees in an eligible classification may request up to two weeks of paid jury duty leave over any one year period. Compensation for such leave by the court will be in addition to their normal pay. Employees must show the jury duty summons to their departmental supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits. Upon release from jury duty, employees are to report back to county work if two hours or more of time remains on their duty shift.

WITNESS DUTY Twiggs County encourages employees to appear in court for witness duty when subpoenaed to do so. Compensation for such leave by the court will be in addition to their normal pay. The subpoena should be shown to the employee’s departmental supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee’s absence. Upon release from witness duty, employees are to report back to county work if two hours or more of time remains on their duty shift.

BENEFITS CONTINUATION (COBRA) The federal Consolidated Omnibus Budget Reconciliation Act (COBRA)2 gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under Twiggs County’s health plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee’s hours or a leave of absence; an employee’s divorce or legal separation; and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary pays the full cost of coverage at the county’s group rates plus an administration fee.


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Twiggs County through the insurance provider, Group Insurance Associates, automatically provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under Twiggs County’s health insurance plan. The notice contains important information about the employee’s rights and obligations.

TIMEKEEPING Accurately recording time worked is the responsibility of every nonexempt employee. Federal and state laws require Twiggs County to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. Nonexempt employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work must always be approved before it is performed. Altering, falsifying, tampering with time records, or recording time on another employee’s time record may result in disciplinary action, up to and including termination of employment. Failure to comply with this provision shall be grounds for immediate dismissal. It is the employee’s responsibility to sign his or her time record to certify the accuracy of all time recorded. The departmental supervisor will review and then initial the time record before submitting it for payroll processing as required by the Commission Chairman and Commission. In addition, if corrections or modifications are made to the time record, both the employee and the supervisor must verify the accuracy of the changes by initialing the time record. Departmental supervisors are responsible for verifying the accuracy of time records and submitting them to the County Administrator’s office for processing.

PAYDAYS All employees are paid biweekly on every other Friday. Each paycheck will include earnings for all work performed through the end of the previous payroll period.


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In the event that a regularly scheduled payday falls on a day off (e.g., a weekend or holiday), employees will receive pay on the last day of work before the regularly scheduled payday.

EMPLOYMENT TERMINATION Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated: RESIGNATION – Employment termination initiated by an employee who chooses to leave the organization voluntarily. The county requests at least two weeks’ written resignation notice from all employees. Employees who fail to give sufficient notice of their intended resignation will have such failure noted in their personnel file and shall not be eligible for reemployment. DISCHARGE – Employment termination initiated by the organization. LAYOFF – Involuntary employment termination initiated by the organization for non-disciplinary reasons. RETIREMENT – Voluntary retirement from active employment status initiated by the employee. Employees will receive their final pay in accordance with applicable state law. Employee benefits will be affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid. Some benefits may be continued at the employee’s expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance.

SEVERANCE PAY Twiggs County provides one severance pay to regular full-time employees whose employment is terminated for reasons that are not prejudicial to Twiggs County, as determined by Twiggs County in its sole discretion.


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Severance pay will be provided to eligible employees according to the following schedule: Under three years - None Three years – One week Ten years – Two weeks Fifteen years – Three weeks A week of severance pay is defined as the employee’s average week’s base pay during the last six months of employment, excluding overtime, incentive pay, and any other special forms of compensation paid to the employee. Specifically excluded from benefits under this provision are employees who: were hired as temporary employees for a specified period of time; leave work due to a reduction in the work force; were offered but refused to accept another suitable position with the organization; were provided the opportunity to be retained for any length of time by a successor employer.

PAY ADVANCES Neither pay advances nor extensions of credit on unearned wages can be provided to employees. If a regular payday falls during an employee’s vacation, the employee’s paycheck will be available upon his or her return from vacation.

ADMINISTRATIVE PAY CORRECTIONS Twiggs County takes all reasonable steps to assure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of his/her supervisor or the County Administrator so that corrections can be made as quickly as possible.


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Once underpayments are identified, they will be corrected in the next regular paycheck. Overpayments will also be corrected in the next regular paycheck unless this presents a burden to the employee (where there is a substantial amount owed). In that case, the county will attempt to arrange a schedule of repayments with the employee to minimize the inconvenience to all involved.

PAY DEDUCTIONS AND SETOFFS The law requires Twiggs County to make certain deductions from every employee’s compensation. Among these are applicable federal and state income taxes. The county also must deduct Social Security taxes on each employee’s earnings up to a specified limit that is called the Social Security “wage base.” Twiggs County matches the amount of Social Security taxes paid by each employee. Twiggs County offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs. Employees may contact the Personnel Department to discuss voluntary payroll deductions. Pay setoffs are pay deductions taken by Twiggs County, usually to help pay off a debt or obligation to Twiggs County or others. If you have questions concerning why deductions were made from your paycheck or how they were calculated, your departmental supervisor can assist in having your questions answered.

SAFETY To provide a safe and healthful work environment for employees, citizens, and visitors, Twiggs County has established a workplace safety program. This program is a top priority for the county. All department heads are responsible for implementing, administering, monitoring, and evaluating the safety program for their respective departments. The safety program’s success depends on the alertness and personal commitment of all.

Twiggs County provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor-employee meetings, bulletin board postings, memos, or other written


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communications. Departmental supervisors shall conduct safety programs as needed for each department. In addition, each department head shall solicit suggestions as to safety regulations and as to possible improvements to alleviate hazardous conditions. Each employee that is required to work in an environment where OSHA rules require the use of safety glasses or work boots will be authorized one pair of prescription safety glasses per year not to exceed $300.00 towards the purchase of same and $100 towards the purchase of work boots. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Cleanliness and order in each place of work shall be preserved to prevent unsafe or unhealthy conditions. Employees must report to their departmental supervisor any accident of which they may be aware and which involves Twiggs County during regular working hours. Unsafe hazardous conditions shall be noted and employees shall exercise caution when performing duties that involve hazardous activities. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. Likewise, employees who refuse to cooperate with departmental supervisors in preventing unsafe or unhealthy conditions may be dismissed at the discretion of the County Administrator after the appropriate investigation is conducted. It is the responsibility of employees to be conscious and knowledgeable of all posted or announced safety regulations. In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify their departmental head or the appropriate supervisor. That supervisor should then immediately report the circumstances to the County Administrator. Such reports are necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures. Accidents that occur as a result of travel on public roads will require notification of the Sheriff or appropriate municipal police office for investigation immediately after the accident. Accidents involving county equipment that result in injury will require all involved employees to submit immediately to a drug/alcohol test to aid in determining the causative factor of the accident. Individuals that do not agree to such a test will be immediately terminated.


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WORK SCHEDULES AND MEAL PERIODS Employees shall report to work as directed by departmental supervisors, County Administrator or as prescribed by the Board of Commissioners. The normal work schedule may vary for particular departmental needs but administrative offices of Twiggs County will observe a 9:00 a.m. to 5:00 p.m., Monday through Friday working schedule. Employees at the road crew will observe a 7:00 a.m. to 3:30 p.m. schedule. Supervisors will advise employees of the times their schedules will normally begin and end. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. Administrative employees are entitled to a one-hour meal period each day at some point between the hours of 12:00 noon and 2:00 p.m. or as close to that time as possible. Other departments shall arrange for meal periods, as to the time and duration, at the discretion of the respective departmental supervisors. Such meal periods shall not exceed one hour. Convenience center employees are exempt from this policy of a lunch hour and must work 10 hours straight, primarily because of the opportunity to take a lunch break while awaiting customers.

USE OF PHONE, COMPUTER, AND MAIL SYSTEMS Personal use of telephones for long-distance and toll calls is not permitted. Employees should practice discretion in using county telephones when making local personal calls and may be required to reimburse Twiggs County for any charges resulting from their personal use of the telephone. To assure effective telephone communications, employees should always use the approved greeting and speak in a courteous and professional manner. Identify yourself, your office and confirm information received from the caller, and hang up only after the caller has done so. The use of computers and county postage for any thing other than work related business is strictly prohibited. This includes, but is not limited to, games, E-mail, and computer generated graphics for personal use. Failure to comply with these provisions may result in disciplinary action up to and including dismissal.

USE OF MOBILE PHONES BY COUNTY PERSONNEL County mobile phones are available to any County Commissioner that so desires in order to conduct County business. Authorization of any other County


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employee to have a mobile phone will be evaluated by the Administer with appeal rights to the County Commission if denied by the Administrator. Procurement of phones will be under the guidelines of least cost vs. service needed with an annual review by the Board of Commissioners during the budget review process. Use of phones will be limited to County business for County full-time workers. Failure to comply with these provisions may result in disciplinary action up to and including dismissal. Phones will be turned in to the Administrator upon resignation, dismissal, or retirement of the employees authorized to have phones. Disposition of these phones will be at the discretion of Administrator and will be conducted in order to minimize the County’s financial burden and with concurrence by the Board of Commissioners.

SMOKING In keeping with Twiggs County’s intent to provide a safe and healthful work environment, smoking is prohibited throughout the workplace. This policy applies equally to all employees and visitors.

OVERTIME When operating requirements or other needs cannot be met during regular working hours, employees may be required to work overtime to complete work assignments. Department heads (or supervisors) shall assign to each employee regular work duties and responsibilities that can normally be accomplished within the established workday and workweek consisting of 40 hours. However, occasionally some overtime work may be necessary for proper performance of work duties and responsibilities. All overtime work must receive the supervisor’s prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. As required by law, overtime pay is based on actual hours worked. Time off on sick leave, vacation leave, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. Failure to work scheduled overtime or overtime worked without prior authorization from the departmental supervisor may result in disciplinary action, up to and including possible termination of employment.


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USE OF EQUIPMENT Equipment essential in accomplishing job duties is often expensive and may be difficult to replace. When using property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Please notify the supervisor if any equipment, machines, or tools appear to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee’s responsibility for maintenance and care of equipment used on the job. All materials used in the operation of county activities shall not be used for private purposes. Employees are strictly forbidden to use county property for non-county business.

The improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in disciplinary action, up to and including termination of employment.

EMERGENCY CLOSINGS At times, emergencies such as severe weather, fires, power failures, or acts of nature, can disrupt county operations. In extreme cases, these circumstances may require the closing of a work facility. In the event that such an emergency occurs during nonworking hours, local radio and/or television stations will be asked by the County Administrator to broadcast notification of the closing. Employees in essential operations may be asked to work on a day when operations are officially closed. In these circumstances, employees who work may receive compensatory time off if approved by their department head.

FAMILY LEAVE Twiggs County provides family leaves of absence without pay to eligible employees who wish to take time off from work duties to fulfill family obligations relating directly to the birth or adoption of a child or the illness of a child, spouse, or


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parent. Regular full-time employees are eligible to request family leave as described in this policy: Eligible employees may request family leave only after having completed one year and 1,250 hours of service. As soon as eligible employees become aware of the need for a family leave of absence, they should request a leave form from their departmental supervisor with at least 30 days advance notice. We will require medical certification to support a request for leave over one week because of a serious health condition. Employees requesting family leave related to the illness of a child, spouse, or parent, may be required to provide a physician’s statement verifying the illness, its beginning and expected ending dates, the need for the employee to provide care, and the estimated time required. Eligible employees may request up to twelve weeks of unpaid, job protected family leave within any 12-month period. An employee make take any available vacation leave as part of the approved period of leave with the department head’s approval. Requests for family leave will be evaluated based on a number of factors, including anticipated work load requirements, staffing considerations, and hardship to the county’s operations during the proposed period of absence. Requests that cannot be accommodated may be denied or deferred. Subject to the terms, conditions, and limitations of the applicable plans, the county will continue to provide health insurance benefits for the full period of the approved family leave. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment. When family leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. Except when legally required, the county cannot guarantee reinstatement. If an employee fails to report to work promptly at the end of the approved leave period, the county will assume that the employee has resigned and action will be taken to remove the employee from the workforce and insurance will cease.


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MILITARY LEAVE

A military leave of absence will be granted to employees, except those occupying temporary positions, to attend scheduled drills or training in the National Guard or Reserve Armed Forces, or if called to active duty with the U.S. armed services. Military leaves are not to exceed thirty working days annually. A copy of official orders requiring such training must accompany requests for military leave. The employee must receive his normal pay while on military leave for the period not exceeding thirty days in any calendar year. Sick leave accrual will be suspended during this time. A copy of the military pay voucher shall be submitted prior to authorization for payment to the employee for the period of leave only to verify that the employee actually performed said military duty. If an employee must be absent for a period longer than thirty days continuously, or more than thirty days in one calendar year, (e.g., for extended boot camp session) that employee may charge said absence to annual leave or take unpaid leave of absence for any absence in excess of thirty days. Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, health insurance benefits will be provided by Twiggs County for the full term of the military leave of absence. Employees on two-week active duty training assignments or inactive duty training drills are required to return to work for the first regularly scheduled shift after the end of training, allowing reasonable travel time. Every reasonable effort will be made to return eligible employees to their previous position or a comparable one. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service, such as job seniority rights.

MATERNITY-RELATED ABSENCES Twiggs County will not discriminate against any employee who requests an excused absence for medical disabilities associated with a pregnancy. Such leave requests will be made and evaluated in accordance with the medical leave policy provisions outlined in this handbook and in accordance with all applicable federal and state laws.


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Requests for time off associated with pregnancy and/or childbirth (apart from medical disabilities associated with these conditions) will be considered in the same manner as any other request for an unpaid personal leave.

SUBSTANCE ABUSE POLICY

1. POLICY – Twiggs County employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment, which promotes personal opportunities for growth. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner: (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse: (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances: and (4) to encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 2. Purpose – The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the Federal government published 49 CFR Part 29, “The Drug-Free Workplace Act of 1988,” which requires the establishment of drug-free workplace policies and the reporting of certain drug related offenses to the FTA. This policy incorporates those requirements for safety-sensitive employees and others when so noted. 3. Applicability – This policy applies to all safety-sensitive and non-safety-sensitive employees, paid part-time employees, contract employees, and contractors when they are on Twiggs County property or when performing any County related safety-sensitive or non-safety-sensitive business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contractor employees are governed by this policy while on Twiggs County premises and will not be permitted to conduct County business if found to be in violation of this policy. A safety-sensitive function is any duty related to the safe operations of heavy equipment and for any other employee who holds a commercial driver’s license. The safety-sensitive positions are all who hold a


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Commercial Driver’s License (CDL) or any other employee who operates a County Vehicle. All other employees will be tested as non-safety-sensitive employees. 4. Prohibited Substances – “Prohibited substances” addressed by this policy include the following: 4.1 Illegally-Used Controlled Substances or Drugs – The use of any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), as further defined by 21 CFR 1300. 11 through 1300.15 is prohibited at all times unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legal prescribed drugs, and use of illegally obtained prescription drugs. 4.2 Legal Drugs – The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance that carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a supervisor. In addition, the employee must obtain a written release from the attending physician releasing the person to perform their job duties any time they obtain a performance altering prescription. A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient’s name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing County business is prohibited. 4.3 Alcohol – The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing transit business is prohibited. The concentration of alcohol is expressed in terms of alcohol per 210 liters of breath as measured by an evidential breath-testing device. 5. Prohibited Conduct 5.1 Manufacture, Trafficking, Possession, and Use – Twiggs County employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on Twiggs County premises, in Twiggs County vehicles, or while on Twiggs County business. Employees who


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violate this provision will be discharged. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 5.2 Intoxication / Under the Influence – Any safety-sensitive or non-safety-sensitive employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of a prohibited substance or who fail to pass a drug or alcohol test shall be removed from duty and are subject to disciplinary action. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. 5.3 Alcohol Use – No safety-sensitive or non-safety-sensitive employee should report for duty or remain on duty when his/her ability to perform assigned functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.04 or greater. No safety-sensitive or non-safety-sensitive employee shall use alcohol while on duty.Safety-sensitive or non-safety-sensitive employee shall not use alcohol within four hours of reporting for duty, or during the hours that they are on call. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination. 5.4 Compliance with Testing Requirements – All safety-sensitive or non-safety-sensitive employees will be subject to urine drug testing and breath alcohol testing as a condition of employment. Any safety-sensitive or non-safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and their employment terminated. Any safety-sensitive or non-safety-sensitive employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of these actions will result in the employee’s removal from duty and their employment terminated. Refusal can include an inability to provide a sufficient urine specimen, saliva sample, or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. 5.5 Treatment Requirements – All employees are encouraged to make use of the available resources for treatment for alcohol misuse and illegal drug use problems. The cost of any treatment or rehabilitation services will be paid for directly by the employee or their insurance provider. Employees who make self-


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referrals (i.e., no management intervention or positive test results) will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. Employees that test positive will be referred to the Substance Abuse Professional (SAP) for assessment at the employees expense and then discharged. No treatment opportunities will be afforded to those who test positive. 5.6 Notifying of Criminal Drug Conviction – All employees are required to notify their supervisor and then Twiggs County of any criminal drug statute conviction for violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action, up to and including termination. 5.7 Proper Application of the Policy – Twiggs County is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination. 6. Testing Procedures – Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances warrant or as required by Federal regulations. All safety-sensitive or non-safety-sensitive employees shall be subject to drug testing prior to employment, for reasonable suspicion, and following an accident as defined in Section 6.2, 6.3, and 6.4 of this policy. In addition, all safety-sensitive or non-safety-sensitive employees will be tested prior to returning to duty after failing an alcohol test resulting in .04 for greater and after completion of the Substance Abuse Professional’s recommended treatment program. Follow-up testing will also be conducted following return to duty for a period of one to five years, with at least six tests performed during the first year. Those employees who perform safety-sensitive functions as herein shall also be subject to testing on a random, unannounced basis. Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities, which have been approved, by the U.S. Department of Health and Human Service (DHHS). All testing will be conducted consistent with the procedures put forth in 49CFR Part 40 as amended.


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The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines, and phencyclidine. An initial drug screen will be conducted on each urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. In instances where there is a reason to believe an employee is abusing a substance other than the five drugs listed above, Twiggs County reserves the right to test for additional drugs under own authority using standard laboratory testing protocols. Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA) approved testing device operated by a trained technician. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test will be performed using a NHTSA approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). A safety-sensitive or non-safety-sensitive employee who has a confirmed alcohol concentration of 0.02 or greater but less than 0.04 will be removed from his/her position for eight hours unless a retest results in a concentration measure of less than 0.02. The inability to perform safety-sensitive duties due to an alcohol test result of 0.02 or greater but less than 0.04 will be considered an unexcused absence subject to Twiggs County’s disciplinary procedures. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and violation of this policy and a violation of the requirements set forth in 49 CFR Part 654 for safety-sensitive employees. Alcohol tests will only be performed just before, during or just after the performance of safety-sensitive job functions. Drug tests will be performed any time a safety-sensitive employee is on duty. Any safety-sensitive or non-safety-sensitive employee that has a confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A positive drug and/or alcohol test will also result in disciplinary action up to and including termination. Twiggs County affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. 6.1 Employee-Requested Testing – Any safety-sensitive or non-safety-sensitive employee who questions the results of a required drug test under paragraphs 6.2 through 6.7 of this policy may request that the split sample be tested. This test must be conducted at a different DHHS certified laboratory. The test must be conducted


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on the split sample that was provided by the employee at the same time as the original sample. All costs for such testing are paid by the employee unless the result of the split sample test invalidates the results of the original test. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee’s request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted if the delay was due to documental facts that were beyond the control of the employee. 6.2 Pre-Employment Testing – All safety-sensitive or non-safety-sensitive position applicants shall undergo urine drug testing immediately following the offer of employment or transfer into a safety-sensitive position. Receipt by Twiggs County of a negative drug test result is required prior to employment. Failure of a pre-employment drug test will disqualify an applicant for employment. 6.3 Reasonable-Suspicion Testing – All safety-sensitive or non-safety-sensitive employees may be subject to a fitness for duty evaluation, and urine and or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances, which are consistent with the short-term effects of substance abuse or alcohol misuse. Examples of reasonable suspicion include, but are not limited to, the following:

1. Physical signs and symptoms consistent with prohibited substance use of alcohol misuse.

2. Evidence of the manufacture, distribution, dispensing, possession, or use of

controlled substances, drugs, alcohol, or other prohibited substances.

3. Occurrence of a serious or potentially severe accident that may have been caused by prohibited substance abuse or alcohol misuse.

4. Fights (to mean physical contact), assaults, and flagrant disregard or violations

of established safety, security, or other operating procedures. Reasonable-suspicion referrals must be made by a supervisor who is trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse.


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6.4 Post-Accident Testing – All safety-sensitive employees will be required to undergo drug and breath testing if they are involved in an accident with a Twiggs County vehicle that results in a fatality. This includes all surviving safety-sensitive employees that are operating the vehicle and any other whose performance could have contributed to the accident. In addition, a post-accident test will be conducted if an accident results in injuries requiring immediate transportation to a medical treatment facility; or one or more vehicles incur disabling damage; unless the employee can be completely disconnected as a contributing factor to the accident. Following an accident, the safety-sensitive employees will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Any safety-sensitive employee involved in an accident must refrain from alcohol use for eight hours following the accident or until he/she undergoes a post accident alcohol test. Any safety-sensitive employee who leaves the scene of the accident without justifiable explanation prior to submission to drug and alcohol testing will be considered to have refused the test and their employment terminated. Employees tested under this policy will include not only the operations personnel, but also any other covered employee whose performance could have contributed to the accident. 6.5 Random Testing – Employees in safety-sensitive positions will be subjected to unannounced reasonable drug and alcohol testing. The selection of safety-sensitive employees for random drug and alcohol testing will be made using a scientifically valid method that ensures each covered employee that they will have an equal chance of being selected each time selections are made. The random tests will be unannounced and spread throughout the year. 6.6 Return-to-Duty Testing – All safety-sensitive and non-safety-sensitive employees who previously tested positive on a drug and alcohol test must test negative (below 0.02 for alcohol) on a return-to-duty test and be evaluated and released to duty by the Substance Abuse Professional before returning to work. 6.7 Follow-Up Testing – All Safety-sensitive or non-safety-sensitive employees who previously tested positive will be required to undergo frequent, unannounced urine and/or breath testing following their return to duty. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. 7. Employee Assessment – Any safety-sensitive or non-safety-sensitive employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for


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evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. This will be at the employee’s or insurance carrier’s expense. Assessment by a SAP or participation in the Twiggs County Employee Assistance Program does not shield an employee from disciplinary action or guarantee employment or reinstatement with the Twiggs County. If a safety-sensitive or non-safety-sensitive employee is allowed to return to duty, he/she must properly follow the rehabilitation program prescribed by the SAP, the employee must have negative return-to-duty drug and alcohol tests, and be subject to unannounced follow-up testing for a period of one to five years. The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. 8. Re-Entry Contracts – Employees who re-enter the workforce must agree to a re-entry contract. That contract may include (but is not limited to):

8.1 A release to work statement from the Substance Abuse Professional.

8.2 A negative test for alcohol.

8.3 An agreement to unannounced frequent follow-up testing for a period of one to five years with at least six tests performed the first year.

8.4 A statement of work-related behaviors. 8.5 An agreement to follow specified after care requirements with the understanding that violation of the re-entry contract is grounds for termination.

9. Information Disclosure 9.1 Twiggs County shall release information regarding a covered employee’s record as directed by specific, written consent from the employee authorizing release of the information to an identified person.


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9.2. A covered employee is entitled, upon written request, to obtain copies of any record pertaining to his/her use of prohibited substances, including any records pertaining to test results. 9.3 Twiggs County may disclose information that is required to be maintained to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee tested.

9.4 When requested by the National Transportation Safety Board as part of an accident investigation, the Twiggs County shall disclose information related to its administration of drug and alcohol tests following the accident investigation.

9.5 Records shall be made available to subsequent employers upon receipt of written request from the covered employee.

9.6 Twiggs County shall disclose data for its drug and alcohol testing program and any other information pertaining to its anti-drug program, when requested by the Secretary of Transportation or any DOT agency with regulatory authority over Twiggs County. 10. System Contact – Any questions regarding this policy or any other aspect of the drug-free and alcohol-free policy should contact the following agency representative: PROGRAM MANAGER: ROSE OXLEY 1827 Highland Westgate Dublin, Ga. 31021 478-296-9696 SUBSTANCE ABUSE PROFESSIONAL: River Edge Health Center 3575 Fulton-Mill Road Macon, GA 30106 Nurse 478-471-5389

EMPLOYEE CONDUCT AND WORK RULES To assure orderly operations and provide the best possible work environment, Twiggs County expects employees to follow rules of conduct that will protect the interests and safety of all employees and the county.


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It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct that may result in disciplinary action, up to and including termination of employment.

Theft or inappropriate removal or possession of property; Falsification of timekeeping records; Working under the influence of alcohol or illegal drugs; Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the

workplace, while on duty, or while operating county-owned vehicles or equipment;

Fighting or threatening violence in the workplace; Boisterous or disruptive activity in the workplace; Negligence or improper conduct leading to damage of county-owned or

citizen-owned property; Insubordination or other disrespectful conduct; Violation of safety or health rules; Smoking in prohibited areas; Sexual or other unlawful harassment; Possession of dangerous or unauthorized materials, such as explosives or

firearms, in the workplace; Excessive absenteeism or any absence without notice; Unauthorized absence from work station during the workday; Unauthorized use of telephones, mail system, or other employer-owned

equipment; Unauthorized disclosure of business “secrets” or confidential information Violation of personnel policies; Unsatisfactory performance or conduct.

For further information regarding unacceptable conduct, please refer to Personnel Policy Section on Disciplinary Action.

SEXUAL AND OTHER UNLAWFUL HARASSMENT Twiggs County is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words, jokes, or comments based on an individual’s sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated. As an example, sexual harassment (both overt


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and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship, and is strictly prohibited. Any employee who wants to report an incident of sexual or other unlawful harassment should promptly report the matter to his or her departmental supervisor. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the County Administrator. Employees can raise concerns and make reports without fear of reprisal. Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment should promptly advise the County Administrator, who will handle the matter in a timely and confidential manner. Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary action, up to and including termination of employment.

ATTENDANCE AND PUNCTUALITY To maintain a safe and productive work environment, Twiggs County expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on the county. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their departmental supervisor as soon as possible in advance of the anticipated tardiness or absence. Department heads should report to the County Administrator if they are not to be at their respective work location in the county. Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to and including termination of employment.

PERSONAL APPEARANCE Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the image the county presents to the community. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions.


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Consult your departmental supervisor or department head if you have questions as to what constitutes appropriate attire.

RETURN OF PROPERTY Employees are responsible for all property, materials, or written information issued to them or in their possession or control. Employees must return all county property immediately upon request or upon termination of employment. Where permitted by applicable laws, the county may withhold from the employee’s check or final paycheck the cost of any items that are not returned when required. Twiggs County may also take all action deemed appropriate to recover or protect its property.

SOLICITATION In an effort to assure a productive and harmonious work environment, persons not employed by Twiggs County may not solicit or distribute literature in the workplace at any time for any purpose. Twiggs County recognizes that employees may have interests in events and organizations outside the workplace. However, employees may not solicit or distribute literature concerning these activities during working time. (Working time does not include lunch periods or any other periods in which employees are not on duty.) In addition, the posting of written solicitations on county bulletin boards is prohibited. Bulletin boards are reserved for official organization communications on such items as:

Employee announcements Internal memoranda Job openings Organization announcements Payday notice Workers’ compensation insurance information State disability insurance/unemployment insurance information


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POLITICAL ACTIVITIES County employees shall not be appointed or retained on the basis of their political activity. County employees shall not be coerced to take part in political campaigns, to solicit votes, to levy, contribute or solicit funds or support for the purpose of supporting or opposing the appointment or election of candidates for any county office. Further, county employees will not serve on any county appointed boards to avoid the appearance of any conflict of interest. In addition, the Hatch Acts further restrict political activity by government employees. If you have any questions regarding what political activities are allowed, please contact your departmental supervisor or the County Administrator.

DISCIPLINARY ACTION RESPONSIBILITIES It shall be the duty of all county employees to comply with and assist in carrying out the provisions of the county’s personnel rules and regulations. No permanent employee shall be disciplined except for violation of established rules and regulations, and such discipline shall be in accordance with procedures established by the personnel rules and regulations. (1) Employee and Supervisor Responsibilities: (a) It is the duty of every employee to correct any faults in performance when called to his/her attention and to make every effort to avoid conflict with the county’s rules and regulations. (b) It is the duty of every supervisor to discuss improper or inadequate performance with the employee in order to correct the deficiencies and to avoid the need to exercise disciplinary action. Discipline shall be in the hands of the supervisor and should be of an increasingly progressive nature. The steps of progression should be first oral reprimand, then written reprimand, suspension, and finally dismissal. However, this is not to say that any supervisor should not immediately terminate an employee for any one of the listed reasons. Discipline should correspond to the offense. (2) It shall be the duty of each employee to maintain high standards of conduct, cooperation, efficiency, and economy in their [his/her] work with the county.


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Whenever work habits, attitude, production, or personal conduct of any employee falls below the accepted norm for all employees, supervisors should point out those behavioral deficiencies to the employee at the time they are observed or a reasonable time thereafter. Corrections and suggestions should be presented in a constructive and helpful manner in an effort to elicit cooperation and goodwill from all employees. Supervisors shall assist employees in attaining competence through on-the-job training and additional training as required. Whenever possible, oral and/or written warnings shall precede formal discipline. (3) A written notice shall be given to each employee stating the reasons for disciplinary action and its effective date. Notice must be given to the employee before any disciplinary action is taken. A copy of such notice signed by the employee in the employee’s file shall serve as evidence of delivery. In such an event that the employee refuses to sign, the supervisor will duly note the date and time the notice was given to the employee and annotate the reason, if given, why it was not signed.

INTENT It is the intent of Twiggs County that effective supervision and employee relations will avoid most matters that necessitate disciplinary action. The purpose of these rules, and the disciplinary action for violation of such rules, is not to restrict the rights of anyone, but to insure the rights of all and secure cooperation and orderliness throughout the county service, for the benefit of the citizens and taxpayers of Twiggs County. The severity of disciplinary actions should be related to the gravity of the offense, the employee’s record of disciplinary action, his or her length of service and the county practice in similar cases. Progressive discipline shall be the guiding principle. Establishment of disciplinary action, including termination of employment, must not be understood to limit, in any way, the absolute discretion of the authorized officer to terminate employment at will except as otherwise restricted by law. Nor shall the opportunity to take disciplinary action, up to and including termination, be interpreted to create a requirement of the reason for termination. Every county employee serves at the will of the applicable authority, and may be terminated at any time, with or without notice or cause. This section shall govern the basis and procedure for disciplinary action short of termination, and for termination where other agencies, such as the Unemployment Compensation Board or the Police Officer Standard and Training Board will be notified that termination was “for cause”.


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TYPES OF DISCIPLINARY ACTION The following guidelines shall govern disciplinary action affecting county employees. The recommended penalties provided below are not to be considered absolute, but as guidelines dependent on the severity of the offense and the employee’s past record of job performance. It is the responsibility of the supervising county officer with concurrence of the County Administrator to issue disciplinary action. a. Group I Offense:

1. Failure to work assigned hours, including overtime.

2. Quitting work, wasting time, loitering, or leaving assigned work area during

work hours without permission.

3. Taking more than the specified time for meals or for rest periods.

4. Failing to meet required standards of productivity or workmanship.

5. Continual careless mistakes.

6. Disregarding job duties, as evidenced by loafing or neglect of work during working hours.

7. In continuous operations, leaving work post at the end of scheduled shift with

no relief available.

8. Reporting for work under the influence of intoxicants.

9. Chronic tardiness.

10. Chronic absenteeism.

11. Absence without permission or leave.

12. Violation of a safety rule or practice.

13. Failure to report an accident or injury incurred on the job.


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14. Engaging in horseplay or other malicious mischief, catcalling, or other disorderly conduct on the job.

15. Creating or contributing to unsafe or unsanitary conditions on the job.

16. Failure to keep department and personnel office notified of correct address

and phone number.

17. Use or possession of another employee’s tools or equipment without that employee’s consent.

18. Failure to follow any internal policies and procedures.

Normal violations of Group 1 Offenses will be disciplined as follows:

First Offense- verbal reprimand* Second Offense- written reprimand Third Offense- one-day suspension Forth Offense- five-day suspension Fifth Offense- suspension pending discharge investigation. *NOTE: Verbal reprimands are to be written up by the supervisory and placed

into the employee’s personnel file for a period of one year, and then removed.

b. Group II Offense:

1. Provoking or instigating a fight on the job, or fighting at any time on county property.

2. Threatening, intimidating, coercing, or using abusive language toward fellow

employees or supervisors.

3. Sleeping during working hours unless otherwise provided for in certain jobs.

4. Consumption of intoxicants on the job.

5. Gambling or engaging in games of chance on the job.

6. Leaving the job during regular work hours without permission.


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7. Careless mistakes that effect or could affect the safety of county personnel or bystanders.

8. Vending, soliciting, or collecting contributions for any purpose at any time on county premises without permission of department head or commissioners’ office.

9. Job-related careless mistakes damaging material, parts, or equipment. 10. Unauthorized use of the Internet or phone as detailed herein.

Normal violations of Group II Offense will be disciplined as follows:

First Offense- written reprimand and two-day suspension Second Offense- suspension pending discharge investigation. c. Group III Offense:

1. Wanton and willful neglect in performance of assigned duties.

2. Deliberate misuse, destruction, damage, or pilferage of any county property of

an employee.

3. Falsification of personal or county records including but limited to employment applications accident records, purchase orders, time records, work records, and administrative records.

Making false claims or misrepresentations in an attempt to obtain sickness or accident benefits, worker’s compensation benefit or unemployment compensation benefits.

4. Insubordination through the refusal to perform work assigned or to comply with written or verbal instructions of the supervisor or county officer.

5. Insubordination through discourtesy, including but not limited to the use of

abusive language, to anyone with whom an employee may have contact on the job.


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6. Unauthorized possession of any weapon or explosive on the job (possession of weapons or explosive must be job-related and authorized by the Board of Commissioners or supervising county officer).

7. Theft or unauthorized removal from county locations of any property of the

county or of a fellow employee.

8. The use and/or sale of any illegal drugs or hallucinogens while on the job.

9. Chronic inefficiency, incompetence or inadequate performance.

10. Use or attempted use of political influence or bribery to secure an advantage in any matter.

11. Concerted curtailment or restriction of production or interference with work

in or about county work stations, including but not limited to leading or participating in any walkout, strike, slowdown or other work stoppage or refusal to return to work when scheduled.

Normal violations of Group III Offense will be disciplined by suspension

pending discharge investigation. Employees accused of committing a discharge offense are to be suspended without pay, until the charge is investigated. No suspension will last beyond five (5) working days if a discharge is necessary, the employee will be terminated effective the last day actually worked.

RECORDS OF DISCIPLINARY ACTION In all cases of disciplinary action, the County Administrator or supervising county officer shall forward to the Board of Commissioners pertinent data concerning the disciplinary action such as name of employee involved, date offense committed, and type of disciplinary action received. This information shall be included in the employee’s personnel folder and the employee shall receive written notification of the disciplinary action.

RIGHT OF APPEAL All employees are granted the right of appeal from impending disciplinary action. Within five days after notice of disciplinary action, the employee may file a written appeal to the supervisor of the department. If not satisfied with the decision rendered by the supervisor, the employee may appeal disciplinary actions to the


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County Administrator. A decision concerning disciplinary action rendered by the County Administrator shall be final and conclusive with respect to hourly workers. However, the right of appeal to the Commission Chairman and Commission shall be the final decision with regard to salaried personnel. This provision shall not give any employee any legitimate expectation of continued employment. All county positions are at will, and may be terminated without notice or cause, and no termination from county employment, unless cause or disciplinary action is specifically cited, should reflect any discredit upon the service of the employee.

GRIEVANCE POLICY (1) Purpose. A formal policy is hereby established to provide prompt consideration and equitable adjustment of employee grievances. It is the desire of the Commission chairman and Commission to resolve grievances informally. Both supervisors and employees are expected to make every effort to resolve problems as they arise. (2) Policy. An employee may first present a grievance to his or her supervisor and thereafter to the County Administrator. (3) Grievances to be Written. All grievances shall be submitted in writing. (4) Protection. No employee shall be disciplined or discriminated against in any way because of his or her proper use of the grievance procedure. (5) Public Complaint. A public complaint against any county employee may be submitted only in writing to the County Administrator. Within five days of receipt of such complaint, a hearing shall be held at which the county employee, immediate supervisor, County Administrator, and the party originating the complaint will have an opportunity to make known the origin and specific circumstances of the complaint. No disciplinary action shall be taken prior to the hearing.

LIFE-THREATENING ILLNESSES IN THE WORKPLACE Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal pursuits, including work, to the extent allowed by their condition. Twiggs County supports these endeavors as long as employees are able to meet acceptable performance standards. As in the case of


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other disabilities, Twiggs County will make reasonable accommodations in accordance with all legal requirements, to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs. Medical information on individual employees is treated confidentially. Twiggs County will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to respect and maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including termination of employment.

RETURN TO WORK POLICY Policy: It is the policy of Twiggs County to provide and establish a return to work policy and procedure for employees with work-related injuries and illnesses who are unable, temporarily and permanently, to return to their permanent job duties. Because Twiggs County recognizes that their employees are a valued and limited resource, this program is designed to: • Assist the medical recovery process by providing a focus and a goal for return of

the injured employee. • Benefit employees by allowing them to return to full wages as soon as possible. • Benefit employer by reducing workers’ compensation cost. Process: Twiggs County will seek return to work opportunities through the use of transitional employment for all employees who are temporarily disabled due to an on-the-job injury as quickly as medically possible. Transitional employment opportunities will be considered in all departments, not just the department in which the injured employee was working before the injury or illness occurred. Transitional employment assignments are intended to assist workers who are transitioning back to work after a temporary disability that resulted from a work-related injury. All transitional employment duties must be productive. Duties must never be demeaning or appear worthless in any way.


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Twiggs County, through their reasonable accommodation program, will make efforts to retain employees who are permanently disabled. Safety Discount: In compliance with the Association County Commissioners of Georgia-Group Self Insured Workers’ Compensation Fund (ACCG-GSIWCF) Safety Discount Program, Twiggs County agrees to adopt this Return to Work policy and attend at least one training session on implementation of the Return to Work Program in a calendar year.

RETIREMENT Congratulations!!! Those individuals 59 ½ years or older or having 30 years of service have survived the years and now are eligible for retirement. All employees reaching this milestone will have the option of receiving a $250 gift to memorialize the time spent working with the county or can opt to receive the money in their last pay check. The Commissioners have contributed to your retirement over the years, and if you have invested wisely, you are now ready to reap the harvest. Please contact the County Administrator to ascertain the individual responsibilities and options available upon conclusion of your service to the County. We, the County Commissioners say “Thank You”, and may your retirement years serve you well. Adopted March 5, 2002; amended June 25, 2002; amended August 20, 2002; amended December 7, 2004; amended July 17, 2007; amended December 18, 2007; amended February 20, 2008. Statutory & Other References: 36-1-21; 100 Stat. 222; 100 Stat. 3359; 102 Stat. 4304; Title X, § 10001 et seq. Editor’s Notes: This employee handbook was adopted March 5, 2002, amended June 25, 2002, amended December 7, 2004, and amended again August 20, 2002. It is codified here, as amended, for the first time. It entirely supercedes the previous personnel manual and all amendments thereto. The current substance abuse policy was incorporated into this section by amendment on July 17, 2007; it thereby supercedes the identical language that appears in the previously-adopted version of the same substance abuse policy at 275.503.


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The 2008 amendments revised the employee probationary period from six months to one year and updated various provisions related to compensation guidelines. 1. Subsequent amendments, dated June 25, 2002, and August 20, 2002, have been incorporated herein. 2. 100 Stat. 222, Title X, § 10001 et seq. 3. Codified at 100 Stat. 3359. 4. These sections are substantially identical to Section 275.110 of this Code. Cross References: § 275.110; § 275.210; § 275.220; § 275.301; § 275.410; § 275.420; § 275.510; § 275.511; § 275.515; § 275.515; § 275.530; § 280.100. Index Headings: Personnel, County.


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Section 275.501: (Superceded) Adopted as Resolution 96-03, February 6, 1996; amended by Resolution 96-05, June 18, 1996. Editor’s Notes: This section was superceded by the adoption of § 275.500 on November 5, 2002.


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275.502: A resolution relating to freezing of contributions to the MFS 401(k) retirement program. WHEREAS the Board of Commissioners of Twiggs County desires to improve our county’s ability to provide a legal and IRS compliant retirement system, and WHEREAS the Board of Commissioners have1 determined that the existing MFS 401(k) program is not IRS compliant, NOW, THEREFORE, BE IT RESOLVED that the governing authority reaffirms the necessity for freezing all contributions to the existing MFS 401(k) retirement program effective 6 April 2004 pending a termination program that will mitigate penalties and fees both to the governing authority as well as the employees. Adopted April 20, 2004. Editor’s Notes: 1. Thus in the original. Index Headings: Personnel, County; Taxation, Revenue & Finance.


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Section 275.503: A resolution relating to abuse of controlled substances by county employees. 1. POLICY – Twiggs County employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment, which promotes personal opportunities for growth. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner: (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse: (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances: and (4) to encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 2. Purpose – The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the Federal government published 49 CFR Part 29, “The Drug-Free Workplace Act of 1988,” which requires the establishment of drug-free workplace policies and the reporting of certain drug related offenses to the FTA. This policy incorporates those requirements for safety-sensitive employees and others when so noted. 3. Applicability – This policy applies to all safety-sensitive and non-safety-sensitive employees, paid part-time employees, contract employees, and contractors when they are on Twiggs County property or when performing any County related safety-sensitive or non-safety-sensitive business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contractor employees are governed by this policy while on Twiggs County premises and will not be permitted to conduct County business if found to be in violation of this policy. A safety-sensitive function is any duty related to the safe operations of heavy equipment and for any other employee who holds a commercial driver’s license. The safety-sensitive positions are all who hold a Commercial Driver’s License (CDL) or any other employee who operates a County Vehicle. All other employees will be tested as non-safety-sensitive employees.


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4. Prohibited Substances – “Prohibited substances” addressed by this policy include the following: 4.1 Illegally-Used Controlled Substances or Drugs – The use of any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), as further defined by 21 CFR 1300. 11 through 1300.15 is prohibited at all times unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legal prescribed drugs, and use of illegally obtained prescription drugs. 4.2 Legal Drugs – The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance that carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a supervisor. In addition, the employee must obtain a written release from the attending physician releasing the person to perform their job duties any time they obtain a performance altering prescription. A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient’s name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing County business is prohibited. 4.3 Alcohol – The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing transit business is prohibited. The concentration of alcohol is expressed in terms of alcohol per 210 liters of breath as measured by an evidential breath-testing device. 5. Prohibited Conduct 5.1 Manufacture, Trafficking, Possession, and Use – Twiggs County employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on Twiggs County premises, in Twiggs County vehicles, or while on Twiggs County business. Employees who violate this provision will be discharged. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.


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5.2 Intoxication / Under the Influence – Any safety-sensitive or non-safety-sensitive employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of a prohibited substance or who fail to pass a drug or alcohol test shall be removed from duty and are subject to disciplinary action. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. 5.3 Alcohol Use – No safety-sensitive or non-safety-sensitive employee should report for duty or remain on duty when his/her ability to perform assigned functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.04 or greater. No safety-sensitive or non-safety-sensitive employee shall use alcohol while on duty.Safety-sensitive or non-safety-sensitive employee shall not use alcohol within four hours of reporting for duty, or during the hours that they are on call. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination. 5.4 Compliance with Testing Requirements – All safety-sensitive or non-safety-sensitive employees will be subject to urine drug testing and breath alcohol testing as a condition of employment. Any safety-sensitive or non-safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and their employment terminated. Any safety-sensitive or non-safety-sensitive employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of these actions will result in the employee’s removal from duty and their employment terminated. Refusal can include an inability to provide a sufficient urine specimen, saliva sample, or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. 5.5 Treatment Requirements – All employees are encouraged to make use of the available resources for treatment for alcohol misuse and illegal drug use problems. The cost of any treatment or rehabilitation services will be paid for directly by the employee or their insurance provider. Employees who make self-referrals (i.e., no management intervention or positive test results) will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. Employees that test positive will be referred to the


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Substance Abuse Professional (SAP) for assessment at the employees expense and then discharged. No treatment opportunities will be afforded to those who test positive. 5.6 Notifying of Criminal Drug Conviction – All employees are required to notify their supervisor and then Twiggs County of any criminal drug statute conviction for violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action, up to and including termination. 5.7 Proper Application of the Policy – Twiggs County is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination. 6. Testing Procedures – Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances warrant or as required by Federal regulations. All safety-sensitive or non-safety-sensitive employees shall be subject to drug testing prior to employment, for reasonable suspicion, and following an accident as defined in Section 6.2, 6.3, and 6.4 of this policy. In addition, all safety-sensitive or non-safety-sensitive employees will be tested prior to returning to duty after failing an alcohol test resulting in .04 for greater and after completion of the Substance Abuse Professional’s recommended treatment program. Follow-up testing will also be conducted following return to duty for a period of one to five years, with at least six tests performed during the first year. Those employees who perform safety-sensitive functions as herein shall also be subject to testing on a random, unannounced basis. Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities, which have been approved, by the U.S. Department of Health and Human Service (DHHS). All testing will be conducted consistent with the procedures put forth in 49CFR Part 40 as amended. The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines, and phencyclidine. An initial drug screen will be conducted on each urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will


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be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. In instances where there is a reason to believe an employee is abusing a substance other than the five drugs listed above, Twiggs County reserves the right to test for additional drugs under own authority using standard laboratory testing protocols. Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA) approved testing device operated by a trained technician. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test will be performed using a NHTSA approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). A safety-sensitive or non-safety-sensitive employee who has a confirmed alcohol concentration of 0.02 or greater but less than 0.04 will be removed from his/her position for eight hours unless a retest results in a concentration measure of less than 0.02. The inability to perform safety-sensitive duties due to an alcohol test result of 0.02 or greater but less than 0.04 will be considered an unexcused absence subject to Twiggs County’s disciplinary procedures. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and violation of this policy and a violation of the requirements set forth in 49 CFR Part 654 for safety-sensitive employees. Alcohol tests will only be performed just before, during or just after the performance of safety-sensitive job functions. Drug tests will be performed any time a safety-sensitive employee is on duty. Any safety-sensitive or non-safety-sensitive employee that has a confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A positive drug and/or alcohol test will also result in disciplinary action up to and including termination. Twiggs County affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. 6.1 Employee-Requested Testing – Any safety-sensitive or non-safety-sensitive employee who questions the results of a required drug test under paragraphs 6.2 through 6.7 of this policy may request that the split sample be tested. This test must be conducted at a different DHHS certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the original sample. All costs for such testing are paid by the employee unless the result of the split sample test invalidates the results of the original test. The method of collecting, storing, and testing the split sample will be consistent with the procedures


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set forth in 49 CFR Part 40, as amended. The employee’s request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted if the delay was due to documental facts that were beyond the control of the employee. 6.2 Pre-Employment Testing – All safety-sensitive or non-safety-sensitive position applicants shall undergo urine drug testing immediately following the offer of employment or transfer into a safety-sensitive position. Receipt by Twiggs County of a negative drug test result is required prior to employment. Failure of a pre-employment drug test will disqualify an applicant for employment. 6.3 Reasonable-Suspicion Testing – All safety-sensitive or non-safety-sensitive employees may be subject to a fitness for duty evaluation, and urine and or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances, which are consistent with the short-term effects of substance abuse or alcohol misuse. Examples of reasonable suspicion include, but are not limited to, the following:

5. Physical signs and symptoms consistent with prohibited substance use of alcohol misuse.

6. Evidence of the manufacture, distribution, dispensing, possession, or use of

controlled substances, drugs, alcohol, or other prohibited substances.

7. Occurrence of a serious or potentially severe accident that may have been caused by prohibited substance abuse or alcohol misuse.

8. Fights (to mean physical contact), assaults, and flagrant disregard or violations

of established safety, security, or other operating procedures. Reasonable-suspicion referrals must be made by a supervisor who is trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. 6.4 Post-Accident Testing – All safety-sensitive employees will be required to undergo drug and breath testing if they are involved in an accident with a Twiggs County vehicle that results in a fatality. This includes all surviving safety-sensitive employees that are operating the vehicle and any other whose performance could have contributed to the accident. In addition, a post-accident test will be conducted


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if an accident results in injuries requiring immediate transportation to a medical treatment facility; or one or more vehicles incur disabling damage; unless the employee can be completely disconnected as a contributing factor to the accident. Following an accident, the safety-sensitive employees will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Any safety-sensitive employee involved in an accident must refrain from alcohol use for eight hours following the accident or until he/she undergoes a post accident alcohol test. Any safety-sensitive employee who leaves the scene of the accident without justifiable explanation prior to submission to drug and alcohol testing will be considered to have refused the test and their employment terminated. Employees tested under this policy will include not only the operations personnel, but also any other covered employee whose performance could have contributed to the accident. 6.5 Random Testing – Employees in safety-sensitive positions will be subjected to unannounced reasonable drug and alcohol testing. The selection of safety-sensitive employees for random drug and alcohol testing will be made using a scientifically valid method that ensures each covered employee that they will have an equal chance of being selected each time selections are made. The random tests will be unannounced and spread throughout the year. 6.6 Return-to-Duty Testing – All safety-sensitive and non-safety-sensitive employees who previously tested positive on a drug and alcohol test must test negative (below 0.02 for alcohol) on a return-to-duty test and be evaluated and released to duty by the Substance Abuse Professional before returning to work. 6.7 Follow-Up Testing – All Safety-sensitive or non-safety-sensitive employees who previously tested positive will be required to undergo frequent, unannounced urine and/or breath testing following their return to duty. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. 7. Employee Assessment – Any safety-sensitive or non-safety-sensitive employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems


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associated with prohibited drug use or alcohol misuse. This will be at the employee’s or insurance carrier’s expense. Assessment by a SAP or participation in the Twiggs County Employee Assistance Program does not shield an employee from disciplinary action or guarantee employment or reinstatement with the Twiggs County. If a safety-sensitive or non-safety-sensitive employee is allowed to return to duty, he/she must properly follow the rehabilitation program prescribed by the SAP, the employee must have negative return-to-duty drug and alcohol tests, and be subject to unannounced follow-up testing for a period of one to five years. The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. 8. Re-Entry Contracts – Employees who re-enter the workforce must agree to a re-entry contract. That contract may include (but is not limited to):

8.4 A release to work statement from the Substance Abuse Professional.

8.5 A negative test for alcohol.

8.6 An agreement to unannounced frequent follow-up testing for a period of one to five years with at least six tests performed the first year.

8.4 A statement of work-related behaviors. 8.5 An agreement to follow specified after care requirements with the understanding that violation of the re-entry contract is grounds for termination.

9. Information Disclosure 9.1 Twiggs County shall release information regarding a covered employee’s record as directed by specific, written consent from the employee authorizing release of the information to an identified person. 9.2. A covered employee is entitled, upon written request, to obtain copies of any record pertaining to his/her use of prohibited substances, including any records pertaining to test results.


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9.3 Twiggs County may disclose information that is required to be maintained to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee tested.

9.4 When requested by the National Transportation Safety Board as part of an accident investigation, the Twiggs County shall disclose information related to its administration of drug and alcohol tests following the accident investigation.

9.5 Records shall be made available to subsequent employers upon receipt of written request from the covered employee.

9.6 Twiggs County shall disclose data for its drug and alcohol testing program and any other information pertaining to its anti-drug program, when requested by the Secretary of Transportation or any DOT agency with regulatory authority over Twiggs County. 10. System Contact – Any questions regarding this policy or any other aspect of the drug-free and alcohol-free policy should contact the following agency representative: PROGRAM MANAGER: ROSE OXLEY 1827 Highland Westgate Dublin, Ga. 31021 478-296-9696 SUBSTANCE ABUSE PROFESSIONAL: River Edge Health Center 3575 Fulton-Mill Road Macon, GA 30106 Nurse 478-471-5389 Adopted November 15, 2005. Editor’s Notes: This section may supercede certain provisions of § 275.500 relating to the same subsection (see particularly page 97, “Drug and Alcohol Use”). On July 17, 2007, this policy was incorporated into Section 275.500. Statutory References: 21 USC 812; 21 CFR 1300.11-1300.15; 49 CFR 29; 49 CFR 40; 49 CFR 654.


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Cross References: § 275.500; § 280.100. Index Headings: Personnel, County.


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Section 275.510: A policy relating to legal representation of county officials and employees. Policy: Legal Representation of County Officials and Employees 1. Purpose. From time to time a department, elected official, or employee of Twiggs County may find himself in a lawsuit related to an act or a failure to act as an official or employee of the county. In such event, and in proper circumstances, Twiggs County may provide legal representation or pay for attorney fees and legal costs. The purpose of this Policy Statement is to control the expenditure of county funds for legal representation and costs, and to inform all county officials and employees of the proper procedures to seek such legal representation from the County. 2. Notice and Prior Approval. When any situation develops which may require legal action by or in defense of the county or any department, or any official or employee, growing out of a transaction or incident related to functions of the county, the board of commissioners (the Board) must be promptly notified in writing of the facts and circumstances. The Board should be notified immediately of the commencement of any suit brought against any department or employees in the performance of their duties. No official or employee has the authority to commit Twiggs County to any legal expenditures without prior approval of the Board. No official or employee can expect any reimbursement for such personal expenditures without prior approval of the Board. 3. County Attorney. Twiggs County retains a county attorney, whose legal services are controlled by the Board. Any department, official, or employee of the county may ask the Board to secure legal advice or a legal opinion. Such advice is best solicited before an act which may have legal consequences, to avoid legal problems, but may also be provided after an incident to clarify the legal status and implications. The county attorney may also be made available to negotiate a legal problem, or prosecute or defend a legal action. However, the legal services of the county attorney are available only after approval by the Board. 4. Liability Insurance. Twiggs County carries liability insurance covering some departments, officials, and employees. The insurance policies provide legal defense for the departments, officials, and employees covered. One condition of these policies is that the insurance carrier receive timely notice of any lawsuit or incident which might lead to a lawsuit. There may also be clause regarding compromise of a lawsuit. Twiggs County will not pay the consequences if an official


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or employee negates coverage by failure to provide notice or by compromising the suit. If the facts are properly provided to the Board, the county attorney will provide the legal advice to protect insurance coverage. 5. Personal Attorney. Twiggs County will pay for a personal attorney and associated legal costs only under exceptional circumstances and in limited amounts. Legal representation, when authorized, will normally be provided by the insurance carrier or the county attorney. If any official or employee believes that he cannot be properly represented by the insurance carrier’s attorney or by the county attorney, he must petition the Board for payment of attorney fees and costs of litigation, before incurring any charge or committing any funds. The county will not pay for legal representation unless the Board has given prior approval of such representation, nor will it pay more than the Board has approved. 6. Clarification. Any questions or requests for clarification of this policy should be directed to the Board of Commissioners. No signed, dated, or certified copy of this policy has been found. Editor’s Notes: No signed, dated, or certified copy of this policy has been found. The document, styled “Policy: Legal Representation of County Officials and Employees,” was found filed under cover of a Board of Commissions letterhead dated March 4, 1980, to “all departments,” from the Board of Commissioners (initialed C.M., presumably County Clerk Cathy Mutvic), and stating only “Enclosed is Twiggs County’s adopted policy on Legal Representation of County Officials and Employees. This Policy is effective immediately.” Cross References: § 275.500; § 275.511; § 280.100. Index Headings: Personnel, County.


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Section 275.511: A resolution relating to the indemnification of certain persons against legal expenses. WHEREAS, Twiggs County is an authorized subdivision of the State of Georgia; and WHEREAS, the law of the State of Georgia provides that the County shall have power to indemnify its commissioners and officers, or former commissioners and officers, and any others, in the terms and under circumstances set forth therein; WHEREAS, the governing authority deems it appropriate that Twiggs County now affirm, adopt, clarify and broaden the intent of indemnification, at this time when only one suit is outstanding, and no other actions, or claims or threatened suits, actions or claims are pending against any commissioner, officer or other person affiliated with Twiggs County; and WHEREAS, it is deemed by this Board to be appropriate that Twiggs County approve and make effective the intent and the policy embodied in the general law of the State of Georgia, NOW, THEREFORE, BE IT RESOLVED (a) that Twiggs County shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit, or proceeding whether civil, criminal, administrative or investigation, other than an action by or in the right of Twiggs County against a commissioner, officer or employee, by reason of the fact that he is or was a commissioner, officer or employee, or agent of Twiggs County, or is or was serving in such capacity against expenses including attorney’s fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of Twiggs County, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of Twiggs County, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.


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FURTHER RESOLVED, to the extent that a commission, officer, employee or agent of Twiggs County has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to above or in defense of any action, suit or proceedings referred to above or in defense of any claim, issue or matter therein other than an action, suit or proceeding by or in the right of Twiggs County, he shall be indemnified against expenses, including attorney’s fees actually and reasonably incurred by him in connection therewith; FURTHER RESOLVED, any indemnification unless ordered by a court shall be made by Twiggs County only as authorized in the specific case upon a determination that indemnification of the commissioner, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth above. Such a determination shall be made by the commissioners by a majority vote of a quorum consisting of commissioners who were not parties to such action, suit or proceeding, or if such quorum is not obtainable by independent legal counsel in a written opinion. FURTHER RESOLVED, expenses incurred in defending a threatened or existing civil or criminal action, suit or proceeding may be paid by Twiggs County in advance of the final disposition of such action, suit or proceeding as authorized by the commission in the manner provided above upon receipt of an undertaking by or on behalf of the commissioner, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by Twiggs County as authorized by this resolution. FURTHER RESOLVED, the indemnification provided by this resolution shall not be deemed exclusive of any other rights to which those indemnified may be entitled under law as to action in his official capacity and as to action in another capacity which holding such office and shall continue as to a person who has ceased to be a commissioner, officer, employee or agent and shall inure to the benefit of their heirs, executors and administrators of such a person. Nothing in this resolution is meant to or shall detract from any County policy concerning the duty to inform the commission of the need for legal assistance. No signed, dated, or certified copy of this resolution has been found. It is identified as “Resolution 86-1.” Cross References: § 275.500; § 275.510; § 280.100. Index Headings: Personnel, County.


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Section 275.515: A rule relating to employee relations. Managers: 1. No profanity will be used when issuing work orders to Employees. Be mindful of the tone of voice and attitude used. Employee: 1. The refusal to follow orders given by your supervisor will result in immediate dismissal. 2. The threat of violence or fighting will result in immediate dismissal. 3. Not wearing safety equipment you will receive a pink slip. You are allowed to receive 3 slips within one year. Each pink slip will stay for 12 months and if no more will be removed. Adopted June 16, 1998. Editor’s Notes: Although not in the form of a resolution or ordinance, the record indicates this “rule” was adopted by formal action of the Board of Commissioners as part of its human resources policy. Cross References: § 275.500; § 280.100. Index Headings: Personnel, County.


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Section 275.520: A resolution relating to county employees serving on county boards. WHEREAS, the Board of Commissioners of Twiggs County has considered and found that it is an inherent conflict of interest for County employees to serve on County Boards for which they also receive compensation; and WHEREAS, the Board of Commissioners of Twiggs County deems that it is not in the interest of the citizens of Twiggs County for such actual or potential conflict of interest to exist; NOW THEREFORE, BE IT RESOLVED that: County employees shall no longer serve on any County Board for which that employee receives compensation or other remuneration as a member of that Board. The County employee may choose to continue serving on that Board, and if so, that employee must resign his/her position as a County employee. This Resolution does not apply to employees of constitutional officers or to employees of the Board of Assessors. However, it is the policy of this Board to not appoint employees of the County or members of their families to County Boards in the future. Adopted as Resolution 2001-3, January 16, 2001. Editor’s Notes: § 280.100 hereinbelow, adopted August 3, 2010, contains language stating that it shall be codified as § 275.520, but does not state or suggest an intent to repeal this existing section. Accordingly, pursuant to the authority of § 100.100(I)(7) of this Code, the August 3, 2010, ordinance was codified as § 280.100. Cross References: Chapter 250; § 275.500; § 280.100. Index Headings: Boards & Commissions; Personnel, County.


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Section 280.100: An ordinance establishing a code of ethics for county officials, employees, and other interested parties.

WHEREAS, the duly elected governing authority of the County of Twiggs, Georgia is authorized by O.C.G.A. § 36-35-3 to adopt ordinances relating to its property, affairs, and local government; and

WHEREAS, the governing authority deems it essential to the proper operation of democratic government that the public officials be, and give the appearance of being, independent, impartial, and responsible to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; and that public office not be used for personal gain; and

WHEREAS, such measures are necessary to provide the public with confidence in the integrity of its government.

NOW, THEREFORE, it is the policy of the County that its officials, employees, appointees, and volunteers conducting official County business:

Serve others and not themselves. Be independent, impartial and responsible. Use resources with efficiency and economy. Treat all people fairly. Use the power of their position for the well being of their constituents. Create an environment of honesty, openness, and integrity. NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED:

That the Code of Ordinances of the County of Twiggs, Georgia is hereby amended by adding sections to be numbered 275.520,1 Code of Ethics, which said sections read as follows:

I. Definitions: Solely for the purpose of this Code of Ethics:

(a) Board of Commissions or Board shall collectively mean the Board of Commissioners of Twiggs County, Georgia.

(b) County shall mean Twiggs County, a political subdivision of the State

Georgia.


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(c) County Employee means any person who is a full-time or part-time employee of the County who is expected to perform certain assigned employment duties on behalf of the County and be compensated therefor.

(d) County Official or Official means an official elected or appointed to

served the County, including the County Administrator, individual members of the Board of Commissioners, Municipal Court judges (including substitute judges), County Clerk, County Attorney, and all other persons holding positions designated by the County Charter, as amended. It shall not include County employees as defined herein. The term “County Official” or “Official” shall also include individuals, including County employees, appointed by the Administrator and/or Board of Commissioners to County authorities, committees, boards, task forces, or bodies which can or may vote or take formal action or make official recommendations to the Administrator and/or Board of Commissioners.

(e) Decision means any ordinance, resolution, contract, franchise, formal

action, or other matter voted on by the Board of Commissioners or other County authorities, committees, boards, task forces, or bodies as well as the discussions or deliberations of the same, which can or may lead to a vote or formal action by that body.

(f) Gift means the transfer of anything of economic value, regardless of

form, without adequate and lawful consideration. Such term does not include the solicitation, acceptance, receipt or regulation of political campaign contributions. A gift shall be further defined as a subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value, conveyed or transferred.

(g) Kickback means any payment or offer of employment made by or on

behalf of a third party to the County, who is under contract with the county or seeking to contract with the County, as an inducement to be awarded a contract with the County, to secure a contract with the County, or to influence an official decision, action, rule or regulation of the County.


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(h) Immediate family means the spouse, mother, father, grandparent, brother, sister, son, or daughter of any County Official related by blood, adoption, or marriage. The relationship by marriage shall include in-laws.

(i) Incidental interest means an interest in a person, entity, or property

which is not a substantial interest as defined herein and which has insignificant value.

(j) Remote interest means an interest of a person or entity, including a

County Official, which would be affected in the same way as the general public. For example, the interest of an Official in the property tax rate, general County fees, County utility charges, or a comprehensive zoning ordinance or similar matters is deemed remote to the extent that the Official would be affected in common with the general public.

(k) Substantial interest means an interest, either directly or through a

member of the immediate family, in another person or entity, where:

(1) The interest is ownership of five percent or more of the voting stock, shares, or equity of the entity or ownership of $500.00 or more of the equity or market value of the entity.

(2) The funds received by the person from the other person or entity during the previous 12 months either equal or exceed (a) $500.00 in salary, bonuses, Board of Commissioners or professional fees, or $500.00 in payment for goods, products, or services, or (b) ten percent of the recipient’s gross income during that period, whichever is less.

(3) The person serves as a Corporate Officer or member of the

Board of Directors or other governing board of a for-profit entity other than a corporate entity owned or created by the Board of Commissioners.

(4) The person is a creditor, debtor, or guarantor of the other person or entity in an amount of $500.00 or more.

II. Statement of Purpose: The purpose of this Code of Ethics is to:


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(a) Encourage high ethical standards in official conduct by County Officials;

(b) Establish and make clear guidelines for ethical standards of conduct for

all such Officials in the discharge of their official duties by setting forth the acts or actions that are incompatible with the interest of the County;

(c) Require disclosure by such Officials of private, financial or conflicting

interests in matters affecting the County;

(d) Ensure the integrity of and trust in the County government;

(e) Protect against improper influence or the appearance of improper influence; and,

(f) Serve as a basis for penalizing those who refuse or fail to abide by the

terms contained herein.

III. Standard of Conduct: County Officials are expected to discharge their duties impartially and to conduct their affairs and duties so as to foster public confidence in the integrity of their County government. To achieve the above-stated purposes, it is essential that all County Officials observe the ethical standards of the County. County Officials shall not attempt to realize personal economic gain through County service or employment by conduct inconsistent with the proper discharge of their duties. Any such conduct is a breach of public trust and in violation of the ethical standards contained in this Ordinance.

IV. Scope: The provisions of this Code of Ethics shall be applicable to all

County Officials, elected or appointed, as defined herein. Notwithstanding anything herein to the contrary, State Law and the Charter of the County shall be controlling in the event of an actual conflict with the provisions of this Code of Ethics. This ordinance shall be interpreted to supplement, and not replace, said provisions of State Law and the County Charter.

V. Prohibitions: The following prohibitions shall constitute a breach of

ethical standards:

(a) Securing Special Privileges or Exemptions. No County Official shall use such position to secure special privileges or exemptions for him or


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herself or others, or to secure confidential information for any purpose other than official duties on behalf of the County.

(b) Disclosure of Substantial Interest; Recusal. No County Official, in any

matter before the Board or other County body, relating to a person or entity in which the Official has a substantial interest, shall fail to disclose for the record such interest prior to any discussion, vote or decision, or fail to recuse himself or herself from such discussion, vote or decision, as applicable.

(c) Outside Agency Relationship or Legal Representation. No County

Official shall act as an agent or legal counsel for a party involved in any matter before the Board of Commissioners or other County body.

(d) Compensation; Gifts; Kickbacks. No County Official shall directly or

indirectly receive, agree to receive, or solicit any compensation, gift, kickback, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his or her office except as may be provided by law. It shall likewise be a breach of ethical standard for any person to offer, give or agree to give a County Official any compensation, gift, kickback, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his or her office except as may be provided by law.

(e) Contracts with County. No County Official shall enter into any

contract with, or have any interest in, either directly or indirectly, the County except as authorized by state law.

(i) This prohibition shall not be applicable to the professional

activities of the County Attorney in his or her work as an independent contractor and legal advisor on behalf of the County.

(ii) This prohibition shall not be applicable to an otherwise valid employment contract between the County and a County Official who is not elected (such as a County Manager, County Administrator or Chief of Police).


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Any Official who has a proprietary interest in an agency doing business with the County shall make that interest known in writing to the Board of Commissioners and the County Administrator as set forth below.

(f) Public Funds. All public funds shall be used for the general welfare of the people and not for personal economic gain.

(g) Public Property. Public property shall be disposed of in accordance

with state law. (h) Outside Employment.

(i) No County Official shall solicit or accept other employment to be performed, or compensation to be received, while still a County Official if the employment or compensation could reasonably be expected to impair such Official’s judgment or performance of County duties.

(ii) If a County Official accepts or is soliciting a promise of future

employment from any person or entity who has a substantial interest in a person, entity, or property which would be affected by any decision upon which the Official might reasonably be expected to act, investigate, advise, or make a recommendation, the Official shall disclose the fact to the Board of Commissioners as set forth below, shall recuse himself or herself, and take no further action on matters regarding the potential future employer.

(i) Unauthorized Use of County Property. No County Official shall use

County facilities, personnel, equipment, or supplies for private purposes, except to the extent such are lawfully and equally available to the public at large.

(j) Undue Preferential Treatment by Official. No County Official shall

grant or make available to any person special consideration, treatment, advantage, or favor beyond that which it is the general practice to grant or make available to the public at large.

(k) Confidential or Official Information; Organizational Trust.


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(i) No County Official shall directly or indirectly make use of, disclose or permit others to make use of, official information not made available to the general public for the purpose of furthering their or another’s actual or anticipated financial gain or private interest.

(ii) Members of the Board of Commissioners, acting in their capacity as policy makers, will have access to sensitive information from time to time that should not be revealed or made known to the public prior to an official announcement by the Board of Commissioners.

(l) Coercion. A County Official shall not use his or her position in any

way to coerce, or give the appearance of coercing, another person to provide any financial benefit to such Official or persons within the Official’s immediate family, or those with whom the Official has business or financial ties amounting to a substantial interest.

(m) Obligating the County; Authority for Expenditures. A County Official

shall not order any goods and services for the County without prior official authorization for such an expenditure. No County Official shall obligate the County nor give the impression of obligating the County without proper prior authorization.

(n) Per diem; Reimbursement. No County Official shall draw travel funds

or a per diem from the County for attendance at meetings, seminars, training, or other educational events and fail to attend such events without promptly reimbursing the County therefore.

(o) Use of Position to Influence; Organizational Integrity.

(i) No County Official shall attempt to influence the outcome of a case before any Court in the County of Twiggs nor shall any County Official engage in ex parte communication with a Judge presiding in the County on any matter pending before the Judge.

(ii) Members of the Board of Commissioners, as policy-makers,

shall refrain from unduly interfering in the daily administrative affairs of County department supervisors. Commissioners shall not make suggestions to said department supervisors or other County employees, regarding the hiring, firing, or disciplining of


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County employees unless requested to do so by the department supervisor.

(p) Conflict of Interest. A County Official may not participate in a vote or

decision on a matter affecting an immediate family member or any person, entity, or property in which the Official has a substantial interest, direct or indirect, including, but not limited to, business dealings or contracts, actual or proposed, with the County, or the sale or procurement of real property by the County. It shall be unethical for any County Official to take any official action or attempt to influence any official action with regard to any matter in which he or she knows, or should know, that he or she has a direct or indirect economic interest in the subject matter or in the outcome of such official action.

VI. Disclosure of Interest or Benefit by Official:

(a) Within ten (10) days after a County Official has notice, actual or

constructive, of a substantial interest in any matter before the Board or other County body, or of any benefit received or to be received as the result of an official action by the Board or other County body, or prior to any discussion, vote or decision on said matter, whichever occurs first, said Official must file a written disclosure of the interest or benefit with the Board of Commissioners or its designee, and the County Administrator.

(i) If the conflict involves procurement or a transaction involving

real property, the disclosure statement shall set forth:

(1) The name of the County Official or Official’s family member, and the name of the business entity involved;

(2) The name of the County department with which the

business entity contracted or seeks to contract; (3) The estimated dollar amount and nature of the contract;

and,


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(4) The nature and extent of the benefit received or to be received by the County Official of Official’s family member.

(ii) If the conflict involves an official action or proposed official

action, the disclosure statement shall set forth:

(1) The name of the County Official or Official’s family member;

(2) The name of the business entity which he or a member of

his or her family has a substantial interest; (3) A description of how any economic or property interest

will be effected or impacted by the official action; and, (4) The nature and extent of the benefit received or to be

received.

(b) A County Official who serves as a corporate officer or member of the Board of Directors of a nonprofit entity must likewise disclose their interest in said entity for the record to the Board of Commissioners and County Administrator prior to participating in a vote or decision regarding funding of the entity by or through the County.

(c) Where the interest of a County Official in the subject matter of a vote

or decision is remote or incidental, the County Official may participate in the vote or decision and need not disclose the interest.

VII. Determination of Violation: The Board of Commissioners shall make a

determination and issue its decision in writing within ten (10) days of receiving the County Official’s disclosure statement, whether:

(a) The County Official’s involvement in the proposed transaction or

official action is adverse to the interest of the County, and is a conflict of interest and ethical violation, and thus, is prohibited; or

(b) The County Official’s economic interest is not adverse to the interest of the County, and thus, is not prohibited; or


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(c) The ethical conflict is insubstantial or remote, and thus, the County Official’s involvement is not prohibited.

VIII. Penalties: County Officials are subject to one of the following penalties

and action for each breach of ethics as prohibited by this Ordinance:

(a) Written warning or public reprimand;

(b) Removal from office;

(c) Cancellation of the contract or rejection of the bid or offer;

(d) Recovery of value transferred or received;

(e) Payment of a fine up to $1,000.00; and,

Debarment or suspension from award of County contract for a period of up to three (3) years. Adopted August 3, 2010. Editor’s Notes: 1. This section number already being in use, and with no evidence of intent to supercede the existing section, the ordinance was codified as § 280.100 pursuant to the authority of § 100.100(I)(7) of this Code. Statutory References: 36-35-3. Cross References: Chapters 205, 212, 215, 220, 225, 250, 251, 252, 253, 260, 275. Index Headings: Personnel, County.


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Title III: Taxation, Revenue & Finance Chapter 310 Taxes Imposed Upon Businesses Section 310.001 Business License Tax Imposed on Financial Institutions Section 310.002 Business Occupation Tax. Section 310.003 Occupation Tax and License Fee. Chapter 320 Permit Fees Section 320.001 Permit Fee Schedule Chapter 330 Court Filing Fees Section 330.001 Court Filing Fees Chapter 340 Tax Exemptions Section 340.001 Freeport Exemption Section 340.100 Tax Exemption for the Elderly Chapter 350 Tax Procedures Section 350.001 Tax Penalties Section 350.002 Property Tax Due Date See also Chapter 400, which contains numerous provisions relating to fines and penalties producing revenue. Such items are indexed under “offenses & penalties.” Chapter 650 also provides for certain fees to be collected for building permit, inspection, and related services; § 650.410 and § 650.415 concern ad valorem taxation of mobile homes. Chapter 675 contains provisions relating to landfill use fees. Chapter 820 provides for certain fees to be assessed to support 911 emergency services. The following sections include references to fees, fines, or other potential revenue sources for the county: 310.001 310.002 310.003 320.001 330.001 400.110 425.100

450.101 450.102 450.103 475.101 475.201 475.301 475.401

475.402 510.010 550.201 575.100 575.101 575.104 625.101

625.102 625.103 625.201 650.055 650.100 660.311 660.320

650.410 650.415 680.100 690.510 690.515 690.520 820.010


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820.015 820.020 830.100 830.105


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Section 310.001: A resolution to levy and collect a business license tax on financial institutions. WHEREAS, the General Assembly of the State of Georgia has enacted legislation authorizing each county in the state to levy and collection a business license tax from depository financial institutions located within their respective jurisdictions; WHEREAS, the General Assembly of the State of Georgia has authorized each county to levy such tax at a rate not to exceed 0.25 percent of the gross receipts of each depository financial institution; and WHEREAS, the General Assembly of the State of Georgia has further authorized each county to provide that a minimum annual levy upon any depository financial institution shall be no more than $1,000.00; THEREFORE, BE IT RESOLVED that the Board of Commissioners of Twiggs County does hereby ordain as follows: 1. Financial Institution Business License Tax. In accordance with OCGA § 48-6-93, there is hereby levied for the year 1984, and for each year thereafter, an annual business license tax upon all depository financial institutions located within Twiggs County at a rate of 0.25 percent of the gross receipts as defined in OCGA § 48-6-93. Depository financial institutions shall mean state and national banks, state building and loan associations, and federal savings and loan associations. 2. Minimum Business License Tax. The minimum annual amount of business license tax due from any depository financial institution pursuant to section 1 of this resolution shall be $1,000.00. 3. Filing of Return. Pursuant to OCGA § 48-6-93 (c), each depository financial institution subject to this tax shall file a return on its gross receipts with the Board of Commissioners of Twiggs County on March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the Commissioner of the Department of Revenue based on the allocation method set forth in subsection (d) of OCGA § 48-6-93. The Board of Commissioners of Twiggs County shall assess and collect the tax levied pursuant to this resolution based upon the information provided in said return.


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4. Due Date of Taxes. Taxes levied pursuant to this resolution shall be due no later than 30 days after filing of the return prescribed by Section 3 of this resolution unless extended by the Board of Commissioners. 5. Administrative Provisions. The Clerk of Twiggs County is hereby directed to forward a copy of this resolution to each depository financial institution in Twiggs County and to the home office of each such depository financial institution if located outside the county. 6. Repealer. All resolutions and parts of resolutions in conflict with this resolution are hereby repealed. 7. Effective Date. The resolution shall be effective January 1, 1984. Adopted as Resolution 83/3, September 20, 1983. Statutory References: 48-6-93. Cross References: § 310.002; § 310.003; § 425.101; Chapter 500. Index Headings: Business Regulation; Taxation, Revenue & Finance.


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Section 310.002: A resolution to levy and collect a business occupation tax.

WHEREAS, the Board of Commissioners have considered and found that a business occupation tax is a matter of public importance to the governing authority of Twiggs County, Georgia;

WHEREAS, the General Assembly of the State of Georgia has enacted

legislation authorizing each county in the state to levy and collect a business occupation tax from businesses located in the county; and

WHEREAS, the Constitution and the laws of the State of Georgia, including

specifically O.C.G.A. Sections 33-8-8.2, 48-6-93, 48-13-1 et seq., and other applicable sections, grant authority and responsibility in connection with the governing and regulation of the unincorporated areas of the County; and

WHEREAS, the governing authority of Twiggs County, the Twiggs County

Board of Commissioners, in pursuit and furtherance of the welfare and benefit of the County and its citizens, has determined that it is necessary and desirable to be advised of the establishment, re-location,1 addition, or name change of all business located within the unincorporated areas of Twiggs County, Georgia; and

WHEREAS, the Planning and Zoning office, having the authority to

implement and collect fees approved by the Board of Commissioners, is hereby charged with the responsibility to maintain and implement a fee schedule based on a fair and equitable implementation of procedures involving a business occupation tax;

NOW, THEREFORE BE IT RESOLVED BY THE board of Commissioners of Twiggs County, and it is hereby resolved by authority of the same as follows:

1. That any and all resolutions or ordinances or parts thereof that have

heretofore been established by the Board concerning a business occupation tax are hereby repealed and shall have no further force and effect.

2. Any person or entity (hereinafter “Applicant”) who desires to operate or

establish a business in the unincorporated area of the county, must apply for and pay the prerequisite fee to the Planning and Zoning Office. The minimum annual amount of the business occupation tax shall be $50.00 with the remaining fee structure defined in the Occupation Tax and License Fee Ordinance.


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3. The associated tax must be paid prior to the opening for business on all new, relocated, or renamed businesses. Those already operating at the time this resolution goes into effect have until the end of the calendar year in which it takes effect.

This resolution shall be effective January 1, 2002.

Adopted as Resolution 01-5, November 6, 2001. Statutory References: 33-8-8.2; 48-6-93; 48-13-1 et seq. Editor’s Notes: 1. Thus in the original. Cross References: § 310.001; § 310.003; § 320.001; § 425.101; Title V; § 505.200; Chapter 650; Appendix IV. Index Headings: Business Regulation; Planning & Zoning; Taxation, Revenue & Finance.


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Section 310.003: An ordinance imposing an occupation tax and license fee.

I. Occupation Tax. 1.1. Required. Each person engaged in any business, trade, profession, or

occupation in the county, whether with a location in the county or in the case of an out-of-state business with no location in the state exerting substantial efforts within the state pursuant to O.C.G.A. 48-13-7, shall pay an occupation tax for such business, trade, profession or occupation, which tax and any applicable registration shall be displayed in a conspicuous place in the place of business, if the taxpayer has a permanent business location In the county. If the taxpayer has no permanent business location in the county, such business tax registration shall be shown to any police officer of the county upon request.

1.2. Definitions. The following words, terms and phrases, when used in this

article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Administrative fee” means a component of an occupation tax that

approximates the reasonable cost of handling and processing the occupation tax. “County” means the Twiggs County Government or an person, department,

or office of the Twiggs County Government authorized by the County Commission to perform specified responsibilities.

“Board of Commissioners” means Twiggs County Board of Commissioners

in formal session. “Dominant line” means the type of business, within a multiple-line business,

from which the greatest amount of income is derived. “Location of office” shall not include a temporary work site, which serves a

single customer or project. “Occupation tax” means a tax levied on persons, partnerships, corporations or

other entities for engaging in an occupation, profession or business for revenue raising purposes.

“Person” includes sole proprietors, corporations, partnerships, nonprofits or

any other form of business organization.


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“Practitioner of profession or occupation” is one who by state law requires

licensure regulating such profession or occupation. “Practitioner of professions and occupations” shall not include a practitioner who is an employee of a business if the business pays an occupation tax.

“Regulatory fees” means payments, whether designated as license fees, permit

fees or by another name, required by a local government as an exercise of its police power and as a part of or an aid to regulation of an occupation, profession or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the county. A regulatory fee may not include an administrative fee. Development impact fees as defined by O.C.G.A. 36-71-2(8) or other costs or conditions of zoning or land development are not regulatory fees.

1.3. Application Required; Issuance of Licenses. (a) Any person desiring a license shall submit an application with the County

in accordance with the forms and procedures established by the County. The correctness of all information required in the application shall be sworn to or affirmed by the applicant on his own behalf, or, in the case of a partnership, corporation or other legal entity, by such principal or corporate officer empowered to make binding agreements on behalf of the partnership, corporation or entity. Failure to provide the required information or knowingly falsifying information on the application may result in disapproval, revocation, if the license was issues,2 or such other action by the County as authorized under provisions of this article. (b) It shall be the duty of the County to issue a license contemplated by this article after an application has been filed and verification has been received that all applicable requirements of federal, state and/or county statutes and/or ordinances have been met, and payment of the prescribed occupational tax or fee is received. (c) The occupation tax fee schedule shall remain posted and available to the public during normal office hours in the County office. 1.4. Occupation Tax Levied; Restrictions. (a) An occupation tax shall be levied upon those businesses and practitioners of professions and occupations with one or more locations or offices in the unincorporated part of the county and/or upon the applicable out-of-state businesses


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with no location or office in the state pursuant to O.C.G.A. 48-13-7 based upon the following criteria: People Employed Tax Liability 0 – 5 $50.00 6 – 10 $100.00 11 – 30 $200.00 31 – 40 $300.00 41 – 50 $400.00 51 – 100 $500.00 101-200 $2,500 201 or more $5,000 (b) For the purposes of this computation an employee who works 40 hours or more weekly shall be considered a full-time employee and the average weekly hours of employees who work less than 40 hours weekly shall be added and such sum shall be divided by 40 to produce full-time position equivalents. (c) Businesses which commence operation after January 1st of any year shall pay the full amount of the occupation tax unless the business commences operation on or after July 1st in any year. In this event, the applicant shall pay an amount equal to 50 percent of the standard tax for the year that operation was begun. 1.5. Paying Occupation tax of Business with No Location in the State. Registration and assessment of an occupation tax is imposed on those businesses and practitioners of professions with no location or office in the state if the business’s largest dollar volume of business in the state is in the county and the business or practitioner: (1) Has one or more employees or agents who exert substantial efforts within the jurisdiction of the county for the purpose of soliciting business of serving customers or clients; or (2) Owns personal or real property that generates income and is located within the jurisdiction of the county. 1.6. Each Line of Business to be Identified on Business Registration. The business registration of each business operated in the county shall identify the dominant line of business the business conducts.


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1.7. The Number of Businesses Considered to be Operating in the County. Where a person conducts business at more than one fixed location, each location shall be considered a separate business for the purpose of the occupation tax. 1.8. Professionals as Classified in State Law. Practitioners of professions as described in O.C.G.A. 48-13-9(c)(1) – (18) shall be limited to a tax of $400.00 or their liability established by application of the tax basis used for other businesses, whichever is less. 1.9. Practitioners Exclusively Practicing for a Government. Any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, instrumentalities of the United States, the state, or a municipality or county of the state shall not be required to obtain a license or pay an occupation tax for that practice. 1.10. Purpose and Scope of Tax. The occupation tax levied in this article is for revenue purposes only and is not for regulatory purposes, nor is the payment of the tax made a condition precedent to the practice of any such profession, trade or calling. The occupation tax only applies to those businesses and occupations covered by the provisions of O.C.G.A. 48-13-5 thru2 48-13-26. All other applicable businesses and occupations are taxed by the local government pursuant to the pertinent general and/or local law and ordinance. 1.11. When Tax Due and Payable; Effect of Transacting Business When Tax Delinquent. (a) Each occupation tax shall be for the calendar year. Registration and occupation taxes shall be payable January 1 of each year and shall, if not paid by March 1 of each year, be subject to a 1.5 percent per month (18 percent per year) penalty for delinquency. On any new profession, trade or calling begun in the county, the registration and tax shall be delinquent if not obtained immediately upon beginning business and a penalty imposed for delinquency as prescribed by this article.3 The tax registration provided for in this section shall be issued by the county; and if any person whose duty it is to obtain a registration shall, after the registration or occupation tax becomes delinquent, transact or offer to transact in the county any kind of profession, trade or calling subject to this article without having first obtained the registration, such offender shall, upon conviction by the county magistrate judge, be punished by a fine not to exceed $1,000.00.4


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(b) In addition to the remedies prescribed in subsection (a) of this section, the sheriff may proceed to collect in the same manner provided by law for tax executions. 1.12. Exemption on Grounds that Business is Operated for Charitable Purposes. No business on which a business registration or occupation tax is levied in this article shall be exempt from registration or tax on the grounds that such business is operated for a charitable purpose unless 50 percent or more of the entire proceeds from such business are devoted to such purpose. 1.13. Evidence of State Registration Required if Applicable; State Registration to be Displayed. (a) Each person who is licensed by the secretary of state pursuant to O.C.G.A. Title 43 shall provide evidence of proper and current state licensure before the county registration may be issued. (b) Each person who is licensed by the state shall post the state license in a conspicuous place in the licensee’s place of business and shall keep the license there at all times while the license remains valid. 1.14. Evidence of Qualification Required if Applicable. Any business required to obtain health permits, certificates or qualification, certificates of competency, or any other regulatory matter shall first, before the issuance of a county business registration, show evidence that such requirements have been met. 1.15. Liability of Offices and Agents; Registration Required; Failure to Obtain. All persons subject to the occupation tax levy pursuant to this article shall be required to obtain the necessary registration for the business as described in this article; and in default of registration, the officer or agent soliciting for or representing such persons shall be subject to the same penalty as other persons who fail to obtain a registration. Every person commencing business in the county on or after January 1 of each year shall likewise obtain the registration before commencing the business; and any person transacting or offering to transact in the county any kind of business, trade, profession or occupation without first having so obtained the registration, such person shall be subject to penalties provided in this article. 1.16. Penalty. Any person violating any provisions of this article shall, upon conviction before the magistrate judge, be subject to a fine of $1,000.00 and/or 60 days imprisonment as provided for in O.C.G.A. 36-1-20.4


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1.17. County subpoena and arrest powers. The county and its duly designated officers and inspectors or its successors shall be classified as deputy marshal business inspectors with full subpoena and arrest powers in conjunction with any violation pertaining to this article. 1.18. The following businesses are not covered by the provisions of this article but may be assessed an occupation tax or other type of tax pursuant to the provisions of other general laws of the state or by local law: (1) Those businesses regulated by the state public service commission. (2) Those electrical service businesses organized under O.C.G.A. 46-3-1 et seq. (3) Any farm operation for the production from or on the land of agricultural products, but not including agribusiness. (4) Cooperative marketing associations governed by O.C.G.A. 2-10-105. (5) Insurance companies governed by O.C.G.A. 33-8-8 et seq. (6) Motor common carriers governed by O.C.G.A. 46-7-15. (7) Those businesses governed by O.C.G.A. 48-5-355, businesses that purchase carload lots of guano, meats, meal, flour, bran, cottonseed, or cottonseed meal and hulls. (8) Agricultural products and livestock raised in the state governed by O.C.G.A. 48-5-356. (9) Depository financial institutions governed by O.C.G.A. 48-6-93. (10) Facilities operated by a charitable trust governed by O.C.G.A. 48-13-55. (11) Flea markets and similar businesses that are only open for the weekends or shorter periods of time. 1.19. Occupation Tax Inapplicable Where Prohibited by Law or Provided for Pursuant to Other Existing Law. An occupation tax shall not apply to the gross


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receipts of any part of a business where such levy is prohibited or exempted by the laws of the state or of the United States. 1.20. More than One Place or Line of Business. Where a business is operated at more than one place or where the business includes more than one line, such business shall be required to obtain the necessary registration for each location and line and pay an occupation tax in accordance with the prevailing taxing method and tax rate for each location and line.

1.21. Amendment, Repeal of Article. This article shall be subject to amendment or repeal, in whole or in part, at any time; and no such amendment or repeal shall be construed to deny the right of the county to assess and collect any of the taxes or other charges prescribed. The amendment may increase or lower the amounts and tax rates of any occupation and may change its classification. The payment of any occupation tax provided for shall not be construed as prohibiting the levy or collection by the county of additional occupation taxes upon the same person, property or business. 1.22. Applications of Article to Prior Ordinance. This article does not repeal or affect the force of any part of any ordinance heretofore passed where taxes levied under such prior ordinance have not been paid in full. So much and such parts of ordinances heretofore and hereinafter passed as provided for the issuing and enforcing of execution for any tax or assessment required by such ordinances, or that imposed fines or penalties for the nonpayment of such tax, or for failure to pay regulatory fees provided for in such ordinances, or failure to comply with any other provisions of this article, shall continue and remain in force until such tax, regulatory fee or assessment shall be fully paid. 1.23. Provisions to Remain in Full Force and Effect Until Changed by Board. This Article shall remain in full force and effect until changed by amendment adopted by the board of commissioners. All provisions relating to any form of tax levied in this article shall remain in full force and effect until such taxes have been paid in full. 1.24. Requirement of Public Hearing Before Tax Increase. The board of commissioners shall conduct at least one public hearing before adopting any ordinance or resolution that will increase the rate of occupation tax as set forth in this article.


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1.25. Option to Establish Exemption or Reduction in Occupation Tax. The board of commissioners may be ordinance or resolution provide for an exemption or reduction in occupation tax to one or more types of businesses or practitioners of occupations or professions as part of a plan for economic development or attracting or encouraging selected types of businesses or practitioners of selected occupations or professions. Such exemptions or reductions in occupation tax shall not be arbitrary or capricious, and the reasons shall be set forth in the minutes of the board or a plan. 1.26. Conflicts Between Specific and General Provisions. When there is an apparent conflict in this article between specific and general provisions, it is the intention of this article that the specific shall control. II. Financial Institutions. 2.1. Business License Tax. Pursuant to O.C.G.A. 48-6-93, there is levied an annual business license tax upon state and national banking associations, federal savings and loan associations and state building and loan associations at a rate of 0.25 percent of the gross receipts of such institutions. Gross receipts shall mean gross receipts as defined in O.C.G.A. 48-6-93. Notwithstanding any other provisions of this article, the minimum amount of business license tax due from any depository financial institution pursuant to this article shall be $1,000.00 per year. 2.2. Filing of Return. Each depository financial institution within the county shall file a return of its gross receipts with the county on March 1 of the year following the year in which such gross receipts were measured. Such returns shall be in the manner and in the form prescribed by the commissioner of the department of banking and shall be based upon the allocation method set forth in O.C.G.A. 48-6-93(d). The tax levied pursuant to this article shall be assessed and collected based upon the information provided in such return. 2.3. Due Date. The due date of taxes levied by this article shall be April 1 of each year. Adopted December 18, 2001; amended September 19, 2006. Statutory References: 2-10-105; 33-8-8 et seq; 36-1-20; 36-71-2(8); 46-3-1 et seq; 46-7-15; 48-5-355; 48-5-356; 48-6-93; 48-13-5 et seq.


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Editor’s Notes: 1. Thus in the original. “Issued” was probably intended. 2. Thus in the original. 3. The boldface appears in the original. 4. Section 1.11(a), providing for a $1,000 fine, and Section 1.16, providing for a $1,000 “and/or” 60 days imprisonment, appear to be inconsistent. Cross References: § 310.001; § 310.002; § 425.101; Title V; § 505.200. Index Headings: Business Regulation; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 320.001: A resolution adopting a fee schedule for certain permits.

WHEREAS, Twiggs County has adopted certain State Minimum Standard Codes which require permit fees; and

WHEREAS, the purpose of this resolution is to establish a permit fee

schedule. The schedule of fees shall, at all times, be kept on file in the office of the County Clerk and available for public inspection and copying; and

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners

of Twiggs County that the attached schedule of fees is hereby adopted as the permit fees for Twiggs County’s Standard Building Code, Mechanical Code, Gas Code, Plumbing Code and Electrical Code. Adopted as Resolution 97-6, December 16, 1997. Editor’s Notes: The referenced schedule of fees has been superceded by one with an effective date of January 6, 1999, the enacting ordinance or resolution for which has not been found. The current fee schedule is included herein as Appendix IV. Cross References: Chapter 650. Index Headings: Taxation, Revenue & Finance.


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Section 330.001: A resolution relating to penalties for certain offenses, and the uses of funds generated thereby.

WHEREAS, under and by virtue of the Jail construction and Staffing Act, O.C.G.A. § 15-21-90 et seq., the County may, by resolution, place in effect the imposition and collection of an additional penalty in criminal and traffic cases, and cases involving a violation of a county ordinances; and

WHEREAS, Twiggs County is currently assessing and determining plans for

the construction of a new jail facility; and WHEREAS, the governing authority has determined that such penalty should

be imposed to help defray the cost to the taxpayers of the construction, operation, and staffing of such new jail facility.

NOW, THEREFORE BE IT RESOLVED, that in every case in which any

superior court, probate court, and magistrate’s court in Twiggs County, Georgia, effective immediately upon notice to the courts, as provided herein, an additional fine shall be imposed, in accordance with O.C.G.A. § 15-21-93, and collected in accordance with O.C.G.A. § 15-21-94.

BE IT FURTHER RESOLVED, that such funds shall be separately

identified as the county jail fund for use in jail construction, operation and staffing, and so accounted for in the financial records of the Court.

BE IT FURTHER RESOLVED, that the Clerk of the Board of

Commissioners shall, by copy of this Resolution and cover letter, advise the Judges of the Dublin Judicial Circuit, the Twiggs County Superior Court Clerk, the Twiggs County Probate Judge, and the Twiggs County Magistrates of the adoption of this Resolution and the imposition of such additional penalty. Adopted October 3, 1989. Statutory References: 15-21-90 et seq.; 15-21-94. Cross References: Title IV. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 340.001: A resolution relating to the implementation of a freeport exemption.

WHEREAS, the Board of Commissioners of Twiggs desires to improve our county’s ability to attract industry and remain competitive with our surrounding counties, and

WHEREAS, the Board of Commissioners have been asked by the Economic

Development Association to place this issue on the ballot, NOW, THEREFORE, BE IT RESOLVED that: The governing authority

reaffirms the necessity for a voter referendum on whether or not to impose an exemption across the board on a company’s inventory IAW* O.C.G.A. 48-5-48.2.

SO RESOLVED this the Lord’s day of 1 April 2003.

Adopted April 1, 2003. Statutory References: 48-5-48.2. Editor’s Notes: Thus in the original. Should probably read “in accordance with.” Cross References: § 310.001; § 310.002; § 310.003. Index Headings: Taxation, Revenue & Finance.


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340.100: A resolution relating to the standardization and increase of local elderly homestead tax exemptions. WHEREAS, the Board of Commissioners of Twiggs County, Georgia, desires to address the current need in our County of homestead tax relief for the elderly that has not been changed since 1981; WHEREAS, the Board of Commissioners desires to provide additional tax relief for eligible elderly citizens by amending the current homestead exemption from $8,000 to $15,000 in 2007 and then to $25,000 in 2008, which will match the current Twiggs County School System exemption in place since 1992;

WHEREAS, it is the intent of the Board of Commissioners to standardize with the existing Twiggs County School System homestead exclusion and amend the current age requirement of 65 to the age of 62 and apply the exemption to those whose net income does not exceed $15,000;

NOW, THEREFORE, BE IT RESOLVED THAT the governing authority issue this resolution and ask Representative Freeman to support the passage of a House Bill granting the relief so described. Adopted December 21, 2005. Editor’s Notes: Thus in the original. Index Headings: Taxation, Revenue & Finance.


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Section 350.001: A resolution relating to tax procedures.

WHEREAS, in the interest of efficiency and convenience to taxpayers, it is deemed to be desirable that the governing authority of Twiggs County, together with the Tax Commissioner and the Board of Assessors for Twiggs County, mutually establish a procedure for the correction of clerical errors found in the Twiggs County tax records and the making of adjustments in taxes, penalties, and interest where justified by circumstances;

NOW, THEREFORE, BE IT RESOLVED that the Twiggs County

Commission does hereby approve the following policies relative to the correction of errors in the Twiggs County tax records and the making of adjustments as to taxes, penalties, and interest due to taxpayers as follows:

1. Tax accounts for items of personal property which have been found not to

have been in existence on January 1st of the tax year in question shall be maintained on ERROR SLIP/NOT ON DIGEST (NOD) forms by the appraisal staff, the existence of which forms shall serve as a verification of the non-existence of such personal property by the Board of Assessors. Upon the delivery of these forms to the Tax Commissioner, such bills or tax accounts shall be errored off the digest with the Tax Commissioner thereafter reporting the adjustments in the digest to the Twiggs County Commission and to the respective taxing authorities.

2. Uncollectable bills for taxes due on personal property that is no longer in

existence in the state of Georgia, and where the taxpayer cannot be located within the State and made subject to levy or garnishment, shall be added to the insolvency list by the Tax Commissioner, which list shall be submitted to the governing authority annually to be approved by the governing authority and placed in its minutes so as to authorize the purging of such uncollectable accounts from the Tax Commissioner’s Digest.

3. Obvious clerical errors in the Twiggs County tax records may be corrected

by the Board of Assessors and the Tax Commissioner with such officers thereafter reporting such changes or corrections to the governing authority and to the respective taxing authorities.

4. In the case of non-clerical errors, the Board of Assessors shall forward a

recommendation for approval or non-approval to the County Board of Commissioners. Upon notification of the approvalor non-approval, the Board of


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Assessors shall inform the taxpayer of the decision and send the change to the Tax Commissioner.

5. Any and all adjustments, other than those specified hereinabove, shall be

submitted by the Assessors and the Tax Commissioner to the governing authority for Twigs County with the recommendations of such officer for the relif (if any) to be granted whether it is the forgiveness of tax, penalty or interest or the refund of any of such items. Each such request shall be accompanied by a claim for refund or cancellation form, with a sufficient statement of circumstances so as to convey to the Commission the reasons for the requested adjustment.

6. Penalties assessed for failure to file a return shall be forgiven or waived by the Twiggs County governing authority where such penalty is $25.00 or less. This waiver of penalty is based upon the principle that the law of the State of Georgia requires substantial compliance in the reporting of changes in the value of property and the Board deems changes in value resulting in the penalty of $25.00 or less to be insubstantial.

7. For adjustments set outin Section 3 of this oplicy, the Board of Assessors

shall forward the forms to the Tax Commissioner’s office for change. For adjustments set out in Sections 4 and 5, the Tax Assessors shall forward the forms to the Twiggs County Commission. After approval/disapproval by the Commission, the forms will be returned to the Board of Assessors office for notification to the taxpayers and to the Tax Commissioners.

Adopted December 7, 2004. Cross References: Title III. Index Headings: Taxation, Revenue & Finance.


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Section 350.002: A resolution relating to the date upon which property taxes shall be due. WHEREAS, the Twiggs County Board of Commissioners desires to move the due date for the collection of property taxes; and WHEREAS, the state of Georgia allowed this change to property due dates under SB 3461 and more further defined in O.C.G.A. 48-5-23 to provide the guidance and authority; and WHEREAS, the change will allow the Twiggs County Board of Commissioners to implement and set the collection of taxes ahead of the Christmas season; and

NOW, THEREFORE, BE IT RESOLVED THAT the Twiggs County Board of Commissioners meeting in regular session, approves the submission of this resolution to the Georgia Department of Revenue within 10 days of its approval setting a new date for the collection of property taxes in Twiggs County to be 30 November to be implemented in 2011. Adopted November 2, 2010. Statutory References: 48-5-23. Editor’s Notes: 1. SB 346 (2010) amended O.C.G.A. 48-5-23. Index Headings: Taxation, Revenue & Finance.


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Title IV: Judicial Affairs & Law Enforcement Chapter 400 Generally Section 400.110 Compensation of Judges Chapter 410 General County Law Enforcement Section 410.100 Enforcement of County Ordinances Chapter 425 Liquor Control Section 425.100 Sale of Malt Beverages and Wine Section 425.101 Pouring License Chapter 435 Controlled Substances Section 435.010 Drug-Related Paraphernalia Chapter 450 Animal Control Section 450.101 Dangerous Dog Ordinance (1988) Section 450.102 Dangerous Dog Ordinance (1989) Section 450.103 Penalties for Failure to Control Dangerous Dogs Chapter 475 Miscellaneous Regulations, Offenses, and Penalties

Relating to Personal Conduct and the Public Peace & Order

Section 475.101 Penalty for Certain Violations Section 475.201 Vandalism of Signs, Signals, and Traffic Control Devices Section 475.301 Littering Section 475.401 Disturbing the Peace Section 475.402 Disorderly Conduct See also §505.200. Chapter 480 Criminal Forfeiture Provisions Section 480.100 Distribution of Proceeds Received in Criminal Forfeitures Chapter 490 Health and Welfare of Persons in Custody Section 490.100 Regulation of Tobacco in County Jail See also § 330.001, which imposes a filing fee for court filings. Note there are also provisions scattered throughout this code which allow for relief or remedy to be had


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in the judiciary, and which provide for enforcement by the county sheriff and other law enforcement figures. Such provisions are found in the following sections: 330.001 410.100 425.100 425.101 450.101 450.102 450.103

475.101 475.201 475.301 474.401 475.402 505.101 505.200

510.010 550.201 575.101 625.102 650.055 650.100 650.320

650.415 660.311 660.315 680.100 690.400 690.510 690.515

690.520 810.100 830.100 830.105


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Section 400.110: An ordinance relating to compensation of judges of courts of limited jurisdiction.

I. Be it ordained by the Board of Commissioners of Twiggs County, Georgia that the resolution of June 1, 1982 selecting Section Five (5) of the Georgia Law titled “Courts of Limited Jurisdiction Compensation Act of 1982, Act No. 1488” is adopted as the Section under which the compensation for judges of courts of limited jurisdiction shall be determined.

II. The Board of Commissioners of Twiggs County shall, after consideration of the report of the gross receipts and expenses of judges of courts of limitation required by law, determine reasonable salaries for full- and part-time judges of courts of limited jurisdiction to be effective from July 1, 1982 to the end of the fiscal and budget year on December 31, 1982.

III. Each year, beginning in 1982, prior to the preparation of the annual budget, the Board of Commissioners shall secure information concerning the gross receipts from fees and costs received in the performance of official duties of the judge of courts of limited jurisdiction and the disbursements for supplies, and will, in consideration thereto, determine and establish a reasonable salary for the budget year for all full-time and part-time judges. The salary will be the same for all full-time and for all part-time judges.

IV. The official copy of the law shall be attested by and placed on file with the Board. Adopted June 1, 1982. Statutory References: See editor’s notes. Editor’s Notes: The referenced Act No. 1488 (1982) was codified at 15-22-1 et seq., but appears to have been superceded by Article 6, § 7, ¶ 5 of the Georgia Constitution of 1983. That Constitution provides that “county governing authorities which had the authority on June 30, 1983, to make county supplements shall continue to have such authority under this Constitution.” Cross References: § 275.110; § 275.500; § 275.501. Index Headings: Judicial Affairs & Law Enforcement; Taxation, Revenue & Finance.


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Section 410.100: An ordinance relating to prosecution of violators of county ordinances.

WHEREAS, the Twiggs County Magistrate has advised the Board of Commissioners of the efficiency and value of permitting the prosecution of county ordinance violations by citation: and,

WHEREAS, the Twiggs County Sheriff has advised the Magistrate that he

and his office will cooperate in the issuance of citations for violations of county ordinances if they are so authorized by the governing authority; and, the laws of the State of Georgia, specifically O.C.G.A. § 15-10-60, et seq., provide for prosecution upon citation.

NOW THEREFORE, the governing authority of Twiggs County, the Twiggs County Board of Commissioners, after motion, second, and majority vote of a quorum of the members at a regularly meeting, hereby adopt the following Ordinance:

1. Violations of Twiggs County Ordinance may be tried upon citations with or without a prosecuting attorney.

2. The law enforcement officers of the Twiggs County Sheriff’s Department shall be the agents of the County authorized to issue citations.

3. Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by it which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by a law enforcement officer of the Twiggs County Sheriff’s Department.

4. The original of the citation shall be personally served upon the accused by a law enforcement officer of the Twiggs County Sheriff’s Department, and a copy shall be promptly filed with the Magistrate’s Court.

5. The ordinance violations may be prosecuted with or without a prosecuting attorney. With the approval of the Board of Commissioners, the County Attorney shall be authorized to prosecute any ordinance violation.

6. In execution of this Ordinance, the Magistrate and Sheriff’s Department may follow any further procedures authorized under the provisions of law referenced above, or as otherwise authorized by law.


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No signed or certified copy of this document has been found. Adopted as Ordinance 1990-1, February 6, 1990. Statutory References: 15-10-60, et seq. Cross References: § 330.001; § 225.101; § 505.200. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties.


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Section 425.100: An ordinance regulating the sale of malt beverages and wine.

WHEREAS, the Board of Commissioners of Twiggs County, Georgia, are aware that a considerable amount of malt beverages and wine are being sold illegally and consumed within the limits of said county; and,

WHEREAS, this body wishes to control the sale and consumption of such beverages within the limits of said county; and,

WHEREAS, this body wishes to find additional sources of revenue in order to forestall any tax increase on the people of this county; and,

WHEREAS, this body, in the exercise of its sound judgement and discretion, after giving thorough consideration to all the implications involved, and keeping always in mind the public interest and the welfare of the citizens of Twiggs County, deem it advisable to legalize the sale of malt beverages and wine within the limits of said County, subject to all times to the regulations and controls to be established by this body.

NOW, THEREFORE, BE IT RESOLVED, that from and after the 5th day of August, 1986, Twiggs County, Georgia will issue retail licenses for the sale of malt beverages and wine within said county and the wholesale license for the distribution of malt beverages within said County, subject to the following provisions:

I. Type of Sale. Malt beverages and wine sold in the County of Twiggs shall be for retail package sales only, not for consumption on the premises.

II. Retail License Qualifications. The retail licensee must be a person of good moral character, a legal resident of the United States, and a resident of the State of Georgia for a period of one (1) year next preceding the date of filing application. (This shall not apply to the honorably discharged members of the Nation’s Armed Forces who have returned to the County within the prescribed limit.)

(1) The licensee shall not have been convicted within ten (10) years of the date of his application of felony, or any violation of the law of this state, or any other state, relating to the sale of alcoholic liquor.

(2) The licensee shall be the owner of the premises for which the license is held or the holder of a lease thereon. The licensee shall be at least 21 years old.


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(3) The licensee shall be active in, and solely responsible for, the management and operation of the business for which the license is granted.

(4) The applicant shall make a sworn statement of his qualifications according to the above and shall place same on file with the Clerk of Twiggs Commissioners before any license is issued.

(5) If any application covers a partnership or corporation, all members of the partnership or shareholders of the corporation must be qualified to obtain a license and must make sworn statement of these qualifications.

(6) No person shall be granted a license to engage in the sale of malt beverages and wine at retail unless it shall appear to the satisfaction of Twiggs County that such person, or the officers and directors of any corporation, shall be of good moral character.

(7) Any misstatement or concealment of fact in the application shall be grounds for revocation of the license issued and shall make the applicant liable to prosecution for perjury, or false swearing under the laws of the State of Georgia.

(8) The applicant shall not have made an application for a malt beverage and wine license in the same location for at least one (1) year immediately preceding the current application.

III. Wholesale Permits. Wholesale licenses shall be issued only to those who are licensed by the State of Georgia to sell and distribute malt beverages or wine at wholesale. Application shall be made with the Clerk, and the applicant shall present evidence to show that all laws and regulations pertaining to such activities in this County are understood by the applicant.

IV. Regulations. No holder of a license authorizing the sale of malt beverages or wine at retail in the County of Twiggs nor any agent or employee of the licensee, shall do any of the following upon the licensed premises:

(1) Knowingly sell beer or wine to a person under 21 years of age per O.C.G.A. § 3-3-23.


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(2) Knowingly sell beer or wine to any person while such person is in an intoxicated condition, or to a person who is of unsound mind, or is a habitual drunkard whose intemperate habits are known to the licensee.

(3) Sell beer upon the licensed premises or permit beer to be consumed thereon, on any day or at any time when such sale or consumption is prohibited by law.

(4) Permit on the licensed premises any disorderly conduct, breach of peace, or any lewd, immoral, or improper entertainment, conduct or practices.

In addition:

(1) It shall be unlawful for any person to manufacture, sell, or possess for the purpose of sale, any malt beverages or wine where such person does not have a license from the County to sell or possess for sale such beverages.

(2) Malt beverages or wine shall be received at or delivered to the premise of the retail licensee by no other means than by a conveyance owned and operated by a wholesale dealer with a permit from the State of Georgia and Twiggs County, Georgia, to make deliveries in said county.

(3) Transportation of malt beverages or wine by any other means shall be grounds for revocation of retail license or wholesale permit.

(4) A license shall be a mere grant or privilege to carry on business during the term of the license, subject to all terms and conditions imposed by this County Board of Commissioners, or any future Board, and subject to revocation as follows:

(a) The following shall be considered just cause for suspension or revocation

of a license hereunder:

(1) The performance of any act prohibited by this Section or the failure to perform any act required by this Section, as well as the violation of any law, state, or federal, relating to the business of the licensee. If such act, omission or violation is done by an agent, servant, employee, or officer of the licensee, the lack of knowledge on the part of the licensee or the lack of authorization for such act or omission or violation shall be no defense.


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(b) The entry of a plea of guilty or nolo contendere, or the conviction of any licensee, partner, or any officer, director or stockholder of a licensee, partner, or any officer, director or stockholder of a licensee corporation with respect to a charge of violation of any of the laws of the United States or the State of Georgia relating to alcohol control, or any crime, whether a felony or not, involving moral turpitude.

(c) The occurrence on two or more occasions within any twelve (12) month period of fights, disorderly conduct, drunkenness, breach of the peace, and other similar conduct whether the same be committed by the licensee or by customers or others.

(d) Any other act or omission with respect to the operation of a business licensed hereunder which the Commission shall find to be contrary to the public interest, or which shall render the applicant or the business location unfit for the continued operation of the business.

(B) The Commission shall have the right to revoke a license for cause shown or to suspend the same for a period of time. Whether a license shall be suspended or revoked, and, if suspended, for what period of time, shall be determined by the Commission after a consideration of the evidence in the cause and in accordance with the Commission’s findings as to the severity of the offense.

(C) When a license has been suspended under the provisions of this Section, no application for a new license for the same location will be received for a period of twelve (12) months; and no application for a new license from the licensee involved shall be received for a period of twenty-four (24) months.

(D) Once the Commission has been informed by the Twiggs County Sheriff’s Department that possible violations of this ordinance or state law regulating liquor has occurred at the premises of a licensee, the Commission will inform the licensee in writing by certified mail of the alleged violation and will require him to return his license within five (5) days of receipt of the notification letter unless the licensee disputes the alleged violation and demands a hearing upon the validity of the claimed violation. A written demand by the licensee for a hearing must be made within five (5) days after receipt of the Commission’s letter. Within ten (10) days of the receipt of the letter demanding a hearing, the Commission shall conduct a hearing as to whether it will suspend or revoke the license based upon the evidence presented.

V. Joint Responsibility, Sales to Minors:


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(1) Minor defined . . . The term “Minor” as used in this ordinance shall

mean any person under the age of eighteen (18) years.

(2) It shall be unlawful for a minor to attempt to purchase, to purchase, or for any other person to purchase malt beverages or wine for a minor.

(3) It shall be unlawful for a minor to exhibit faked, forged, or borrowed credentials in an effort to obtain goods and services (malt beverages or wine) to which he is not legally entitled.

(4) It shall be illegal for a minor to loiter in an establishment the principal business of which is selling malt beverages or wine at retail.

(5) It shall be unlawful for any minor to have alcoholic beverages in his or her possession.

(6) No person engaged in the business regulated hereunder shall make or permit to be made any sales to minors.

(7) Any violation of the provisions of this section of this ordinance shall constitute a misdemeanor, and the offender upon being found guilty shall be punishable as for a misdemeanor.

VI. License Fees; Etc. The applicant for a wholesale license shall pay to Twiggs County, Georgia, at the time of his license being issued the sum of One Hundred Dollars ($100.00) as an annual license fee for operation during the calender year. All licenses shall expire on December 31 of each year, and applications for renewal shall be made annually on or before November 1. The applicant for a retail license shall pay to Twiggs County, Georgia, at the time his license is received, the sum of Three Hundred Dollars ($300.00) as an annual license fee. All licenses shall expire on December 31 of each year, and applications for renewal shall be made annually on or before November 1.

Such licenses shall not be transferable from one person to another and shall not be transferable from one location to another except with the express approval of the licensing body of the County of Twiggs.


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a. In addition to the above retail license fee, there is hereby assessed an excise fee to be paid by the licensed wholesale dealer in malt beverages based on sales in the following amounts: $1.20 per 12 oz. case of 24 $1.60 per 16 oz. case of 24 $1.60 per 32 oz. case of 12 $1.05 per 7 oz. case of 36 $1.40 per 7 oz. case of 48 $6.00 per keg or half barrel

b. In addition to the annual retail license fee required, an excise tax computed at the rate of $.60 per wine gallon shall be paid to Twiggs County on all wine sold, displayed, or stored in Twiggs County. Said tax shall be paid to Twiggs County by the selling distributor or wholesaler on or before the tenth of the month following the sale of same.

The excise tax provided for shall be paid by such a dealer on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the County of Twiggs.

Each licensee shall file a report itemizing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, for the month sold within the County of Twiggs. The wholesaler shall remit to the County of Twiggs on the tenth day of the month next succeeding the calendar month in which such sales were made, the tax imposed by this ordinance.

VII. Hours of Operation. The hours of operation of retail licenses for the sale of malt beverages or wine shall be between the hours of 6:00 a.m. and 12:00 midnight. The hours of operation of wholesale licensees for the distribution of malt beverages within this County shall be between the hours of 6:00 a.m. and 12:00 midnight. There shall be no malt beverages sold or distributed within Twiggs County, Georgia, on Sundays, or any other days prohibited by state law.

VIII. Authority to Issue Licenses. All applications for such licenses shall be presented to the Board of Commissioners of Twiggs County, Georgia for approval, and if approved, the license shall be issued by the Clerk upon the payment of the required fee.


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(1) No person holding political office or any employee of Twiggs County shall be eligible to receive a license.

(2) No retail license shall be granted to any person (as defined herein) unless the proposed location of the building, for such business, is situated 100 yards from any church, school, public library, or residential community as measured by the nearest road, street, or highway. Each applicant for license shall show the location of the proposed building, and the distance to the nearest church or school or library or residential community. The distance herein prescribed shall be measured in a straight line from the nearest corner of the building housing the place of business to the nearest corner of the building housing such church, library, residential community or to the nearest corner of the school.

(3) A separate retail license shall be required for each place of business.

(4) The holder of a license to sell beer and wine shall post in the most conspicuous place in his establishment a sign printed in letters at least four inches high reading as follows: “SALE OF MALT BEVERAGES (BEER) OR WINE TO MINORS STRICTLY PROHIBITED.”

(5) No licensed retailer shall keep any malt beverages or wine stored in any bonded or other type warehouse in Twiggs County, nor shall he enter into any type of arrangement whereby malt beverages and wines ordered by him are stored for him by any licensed wholesale. A retailer shall keep no inventory or stock of malt beverages or wine at any place except his licensed place of business, and within his licensed place of business a storage place for malt beverages and wine shall be immediately adjacent to the room in which he is licensed to do business; therefore, there shall be but one entrance to said storage space, and this shall be through the retail store area.

(6) The Board of Commissioners of Twiggs County may in their discretion consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, application or the proposed location of the business. If in their judgement circumstances are such that the granting of the license would not be in the best interest of the general public, circumstances may be grounds for denying the application.

(7) All applications for licenses shall be made in person to the Board of Commissioners at a regular meeting.


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(8) No outside advertisements shall be permitted, except that each place of business may have one sign which is furnished by beer or wine distributor and which merely identifies the place of business as selling beer or wine and gives the name of the establishment.

(9) All retail businesses shall be issued a Package License only, and no malt beverages or wine shall be sold for consumption on premises; and a sign shall be posted in the most conspicuous place in letters at least four (4) inches high and reading as follows: “CONSUMPTION OF BEER, MALT BEVERAGES AND WINE ON PREMISES STRICTLY PROHIBITED”.

(10) All holders of a license for the sale of malt beverages and wine shall keep a copy of these regulations on his premises and shall instruct any person working there with respect to the terms hereof, and each licensee or his agents selling malt beverages and wine shall at all times be familiar with the terms hereof.

(11) The business premises of the holder of a license for the sale of malt beverages and wine shall be open to inspection at any and all times by officers or officials authorized to conduct such inspections. (12) If the licensee is committing a criminal violation as defined by the law of the State of Georgia, O.C.G.A. Title Three (3), in the presence of either the Twiggs County Sheriff or his deputies and which results in an arrest of the licensee or his employees or agents then the licensee has the duty to immediately cease the sale of malt beverages and wine, report the arrest to the Commission and immediately concomitant to his jailing or posting of bond turn in to the Commission his license. The licensee has the right to request a hearing as to the validity of the loss of license as provided under § IV(4)(d)(D), page 7.1 However, the license will not be returned to the licensee until completion of the Commission’s hearing if so decided by the Commission. If the licensee is arrested under a warrant, the same procedure shall apply.

(13) Said licensee will keep an orderly house in regards to both sanitary conditions and conduct, and violation of either could result in license revocation. (14) In addition to the rules and regulations herein above set out, each application for malt beverages and wine license and licensee doing business in Twiggs County shall comply with all state and federal laws, and the violation of any of such laws and these regulations shall subject licensee to the immediate revocation of his license and for criminal prosecution otherwise.


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IX. Rules and Regulations. All the provisions of this ordinance are and shall

be subject to the regulations hereinafter prescribed by ordinance of this body, as the same may be from time to time amended, setting forth the rules, terms and conditions upon which such licenses may be issued; the annual license fees; the pro-rated license fees, based on sales; the qualifications of licensees; the restrictions on the business locations of licensees; the control of customers doing business with licensee; and any and all other matters which this body may deem it advisable to set forth for the proper control and regulation of the same and consumption of malt beverages in this County; and all such licenses as may be hereafter issued shall be expressly subject to the provisions of such rules and ordinance as may be then or thereafter in force; and all such licenses shall be non-transferrable, except with express approval of the Board of Commissioners of Twiggs County, Georgia, and shall convey to the licensee no property right, but only a privilege, which may be revoked by this body at any time, under provisions of this ordinance as set out hereinbefore.

All regulations heretofore adopted in conflict with this ordinance as to the sale at retail of malt beverages are repealed, and if any clause, sentence, paragraph, section or any part of this ordinance shall, for any reason be adjudged by a court of competent jurisdiction to be invalid said judgement shall not effect, impair or invalidate the remainder thereof. Adopted June 17, 1986. Statutory References: 3-3-23. Editor’s Notes: 1. The section citation is internal to this ordinance. The page number citation was to the original document. Cross References: § 425.101; § 505.200. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 425.101: An ordinance regulating the sale of malt beverages and wine for consumption on the premises.

I. Type of sales permitted: This ordinance is intended to grant licenses to qualified applicants for the sale of malt beverages and wine for consumption on the premises (hereinafter referred to as a “pouring license”).

II. Pouring licenses shall be limited to use by restaurants and sports facilities

only.

III. Definitions:

(1) “Malt beverage” shall mean any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 6 percent alcohol by volume and including ale, porter, brow, stout, lager, small and strong beer. The term does not include sake, known as Japanese Rice Wine.

(2) “Wine” shall mean an alcoholic beverage containing not more than 21

percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wines mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this section.

(3) “Person” means an individual or individuals, a partnership or

partnerships, a limited partnership, a limited liability company or companies, a corporation or corporations, an association or associations, or any combination thereof.

(4) “Minor” shall mean any person under the age of twenty-one (21) years.

(5) “Premises” shall mean a definite locality with defined borders, whether

room, shop, tasting room, building, or open air sports facility, wherein


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alcoholic beverages are sold or consumed. Premises also include any area or patio immediately adjacent to the main licensed facility and located on property owned or leased by such licensee.

(6) “Restaurant” shall mean any public place kept, used1 maintained,

advertised and held out to the public as a place where meals are actually and regularly prepared and served, at least one meal per day for five days each calendar week, with the exception of holidays, vacations, and periods of redecorating, without sleeping accommodations, the place being provided with an adequate and sanitary kitchen, adequate and sanitary restroom facilities, dining room equipment, and a seating capacity of at least 150 people, having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests. The preparations and serving of these meals shall be the principal business conducted, with the serving of malt beverages and wine to be consumed on the premises constituting not more than 40 percent of the gross sales thereof in any one quarter of a calendar year.

(7) “Sports Facility” shall means any open air premises with a seating

capacity of not less than five hundred (500), operated exclusively for the purpose of providing professional sporting events, such as professional football, auto racing, or similar athletic events for attendance by the public. For purposes of this ordinance, such sports facility must also have an eating establishment on the premises regularly serving prepared food during the sporting event with a full service kitchen consisting of a three-compartment pot sink, a stove or grill permanently installed, and a refrigerator, all of which must be approved by the health and fire departments.

(8) “Distilled spirits” shall mean any alcoholic beverage obtained by

distillation or containing more than 21 percent alcohol by volume, including but not limited to all fortified wines.

IV. Sale of Distilled Spirits prohibited. Nothing in this ordinance shall be

construed to permit the distribution or sale of distilled spirits either at retail or for consumption on the premises.

V. Separate licenses for retail package sales required: a pouring license shall

not permit the sale of alcoholic beverages by the bottle or package.2


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Provided, however, that such licensees shall have the right to sell wines, champagnes, or malt beverages to the public by the bottle or package for the consumption on the premises without the issuance of a separate retail license therefore.3

VI. Fees: an applicant for a pouring license shall pay to Twiggs County the

following fees based on the type of license requested: (1) Malt beverage consumption on premises -- $1,000.00 (2) Wine consumption on premises -- $1,000.00 All licenses shall expire on December 31 of each year, and the application for renewal shall be made annually on or before November 1.

VII. 4Qualifications for Applicants: In addition to the requirements enumerated below, any person or entity seeking a license under this ordinance shall meet all the qualifications for a license as set forth for a retail license in Twiggs County Ordinance § 425.100 (II).

(1) All applicants under this chapter must provide proof of their status as a

restaurant or sports facility as defined in this chapter. Those applicants purporting to be restaurants, filing for the first time, must provide a sworn statement to the effect that the establishment in question is expected to derive no more than 40 percent of its revenue from the sale of malt beverages and wine by the drink. Each restaurant facility applying for a renewal of a license must provide proof of its qualification as a restaurant under this chapter on a yearly basis.

(2) Those applicants purporting to be sports facilities must provide a sworn

statement to the effect that the facility in question meets the definition of a sports facility as defined in this chapter.

VIII. Public Hearing on Application: all applications for licenses shall be acted

upon by the Board of Commissioners of Twiggs County after a public hearing and advertisement in at least one issue of the legal organ of the county.

IX. Regulations:

(1) A holder of a pouring license , his agents or employees, shall not

knowingly sell malt beverages or wine to a person under 21 years of age per O.C.G.A. § 3-3-23.


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(2) A holder of a pouring license, his agents or employees, shall not knowingly sell malt beverages or wine to any person while such person is in an intoxicated condition, or to a person who is of unsound mind, or is a habitual drunkard whose intemperate habits are known to the licensee.

(3) A holder of a pouring license, his agents or employees, shall not sell

malt beverages or wine upon the licensed premises or permit malt beverages or wine to be consumed thereof, on any day or at any time when such sale or consumption is prohibited by law.

(4) A holder of a pouring license, his agents or employees, shall not permit

on the licensed premises any disorderly conduct, breach of peace, or any lewd, immoral, or improper entertainment, conduct or practices.

(5) It shall be unlawful for any person to manufacture, sell, or possess for

the purpose of sale, any malt beverage or wine where such person does not have a license from the County to sell or possess for sale such beverages.

(6) Malt beverages or wine shall be received at or delivered to the premises

of a licensee authorized to sell malt beverages or wine for consumption on the premises by no other means than by a conveyance owned and operated by a wholesale dealer with a permit from the State of Georgia and Twiggs County, Georgia, to make deliveries in said county.

(7) Transportation of malt beverages or wine by any other means shall be

grounds for revocation of a pouring license.

X. Hours of Operation. The hours of operation for establishments serving malt beverages or wine for consumption on the premises shall be between the hours of 6:00 am to 12:00 midnight. There shall be no malt beverages sold or distributed within Twiggs County, Georgia, on Sundays, or any other days prohibited by state law.

XI. A license shall be a mere grant or privilege to carry on business during the

term of the license, subject to all terms and conditions imposed by this Board of Commissioners or Twiggs County, or any future Board, and subject to revocation as follows:


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(1) The following shall be considered just cause for suspension or revocation of a license hereunder:

(a) The performance of any act prohibited by this Section or the

failure to perform any act required by this Section, as well as the violation of any law, state,5 or federal, relating to the business of the licensee, if such act, omission or violation is done by an agent, servant, employee, or officer of the licensee, the lack of knowledge of the part of the licensee or the lack of authorization for such act or omission or violation shall be no defense.

(b) The entry of a plea of guilty or nolo contendere, or the

conviction of any licensee, partner, or any officer, director or stockholder of a licensee corporation with respect to a charge of violation of any of the laws of the United States or the State of Georgia relating to alcohol control, or any crime, whether a felony or not, involving moral turpitude.

(c) The occurrence of two or more occasions within any twelve

(12) month period of fights, disorderly conduct, drunkenness, breach of the peace, and other similar conduct whether the same be committed by the licensee or by costumers of others.

(d) Any other act or omission with respect to the operation of a

business licensed hereunder which the Board of Commissioners of Twiggs County shall find to be contrary to the public interest, or which shall render the applicant or the business location unfit for the continued operation of the business.

(2) The Board of Commissioners of Twiggs County shall have the right to

revoke a license for cause shown or to suspend the same for a period of time. Whether a license shall be suspended or revoked,5 and, if suspended, for what period of time, shall be determined by the Board of Commissioners of Twiggs County after a consideration of the evidence in the cause and in accordance with the Board of Commissioners of Twiggs County’s finding as to the severity of the offense.


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(3) When a license has been revoked under the provisions of this Section, no application for a new license for the same location will be received for a period of twelve (12) months; and no application for a new license from the licensee involved shall be received for a period of twenty-four (24) months.

(4) Once the Board of Commissioners of Twiggs County has been

informed by the Twiggs County Sheriff’s Department that possible violations of this ordinance or state law regulation liquor has occurred at the premises of a licensee, the Board of Commissioners of Twiggs County will inform the licensee in writing by certified mail of the alleged violation and will require him to return his license within five (5) days of receipt of the notification letter unless the licensee disputes the alleged violation and demands a herein upon the validity of the claimed violation. A written demand by the licensee for a hearing must be made within five (5) days after receipt of the Board of Commissioners of Twiggs County letter. Within thirty (30) days of the receipt of the letter demanding a hearing, the Board of Commissioners of Twiggs County shall conduct a hearing as to whether it will suspend or revoke the license based upon the evidence presented.

XII. Advertisements of Sale of Alcoholic Beverages: a licensee under this

ordinance shall not display any sign of any kind, painted or electric, advertising directly or indirectly the sale of alcoholic beverages other than in the principal building for which the license is issued, and such signs displayed within the principal building shall not be displayed on the outside or inside of the front window or wall within view of the passing general public from the sidewalk or street.

(1) No plaque or sign of any kind which is visible from the exterior of the

principal licensed building shall make reference to the price of any alcoholic beverage.

(2) Notwithstanding the foregoing, no trade name, corporation name or

name of a business shall be allowed to sue the word “beer” or “wine” or “beer and wine” in such name.

(3) Nothing herein will prohibit the advertising of the sale of alcoholic

beverages at a sporting event that is not within the view of the passing general public from a sidewalk or street.


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XIII. Sales to Minors: In addition to the regulations set forth in Twiggs County Ordinance § 425.100 (VI) regarding the sale of malt beverages and wine to minors, it shall also be illegal for a minor to loiter in an establishment which is selling malt beverages or wine for consumption on the premises.

XIV. Authority to Issue Licenses. All applications for pouring licenses shall be

presented to the Board of Commissioners of Twiggs County, Georgia for approval, and if approved, the license shall be issued by the Clerk upon the payment of the required fee.

(1) No person holding political office or any employee of Twiggs County

shall be eligible to receive a pouring license.

(2) No pouring license shall be granted to any person unless the proposed location of the building for such business is situated at least 150 yards from any church, school, public library, or residential community as measured by the nearest road, street, or highway. However, if the applicant seeking a license is subject to the requirements set forth in Twiggs County Ordinance § 650.100 et. seq., said applicant must adhere to the requirements set forth in that ordinance.

Each applicant for a license shall show the location of the proposed building and the distance to the nearest church or school or library or residential community. The distance herein prescribed shall be measured in a straight line from the nearest corner of the building housing the place of business to the nearest corner of the building housing such church, library, residential community or to the nearest corner of the school.

(3) A separate pouring license shall be required for each place of business.

(4) The holder of a pouring license shall post in the most conspicuous place in his establishment a sign printed in letters at least four inches high reading as follows: “SALE OF MALT BEVERAGES (BEER) OR WINE TO MINORS STRICTLY PROHIBITED.”

(5) No holder of a pouring license shall keep any malt beverages or wine

stored in any bonded or other type warehouse in Twiggs County, nor shall he enter into any type of arrangement whereby malt beverages and wine ordered by him are stored for him by any licensed wholesaler. A


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holder of a pouring license shall keep no inventory or stock of malt beverages or wine at any place except his licensed place of business, and within his licensed place of business a storage place for malt beverages and wine shall be immediately adjacent to the room in which he is licensed to do business.

(6) The Board of Commissioners of Twiggs County may in their discretion

consider any extenuating circumstances which may reflect favorably or unfavorable on the applicant, application or the proposed location of the business. If in its judgment, circumstances are such that the granting of the license would not be in the best interest of the general public, those circumstances may be grounds for denying the application.

(7) All applications for licenses shall be submitted to the Board of

Commissioners of Twiggs County at a regular meeting.

(8) All holders of a license for the sale of malt beverages and wine shall keep a copy of these regulations on his premises and shall instruct any person working there with respect to the terms thereof, and each licensee or his agents selling malt beverages and wine shall at al times be familiar with the terms thereof.

(9) The business premises of the holder of a pouring license shall be open

to inspection at any and all times by officers or officials authorized to conduct such inspections.

(10) If the licensee has committed or is committing a criminal

violation as defined by the law of the State of Georgia, O.C.G.A. Title Three (3), in the presence of either the Twiggs County Sheriff or his deputies, which results in an arrest of the licensee or his employees or agents, then the licensee has the duty to immediately cease the sale of malt beverages and wine, report the arrest to the Board of Commissioners of Twiggs County and immediately concomitant to his jailing or posting of bond turn in to the Board of Commissioners of Twiggs County his license. The licensee has the right to request a hearing as to the validity of the loss of license. However, the license will not be returned to the licensee until completion of the Board of Commissioners of Twiggs County hearing if so decided by the Board of


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Commissioners of Twiggs County. If the licensee is arrested under a warrant, the same procedure shall apply.

(11) Said licensee will keep an orderly house in regards to both

sanitary conditions and conduct, and a violation of either could result in license revocation.

(12) In addition to the rules and regulations herein above set out,

each applicant for a pouring license doing business in Twiggs County shall comply with all state and federal laws, and the violation of any of such laws or these regulations shall subject licensee to the immediate revocation of his license and for criminal prosecution otherwise.

XV. All the provisions of this ordinance shall be subject to the regulations

hereinafter prescribed by ordinance of this body, as the same may be from time to time amended, setting forth the rules, terms and conditions upon which such licenses may be issued; the annual license fees; the qualifications of licensees; the restrictions on the business locations of licensees; the control of customers doing business with licensee; and any and all other matters which this body may deem it advisable to set forth for the proper control and regulation of the same and consumption of malt beverages and wine in this County; and all such licenses as may be hereafter issued shall be expressly subject to the provisions of such rules and ordinances as may be then or thereafter in force; and all such licenses shall be nontransferable, except with express approval of the Board of Commissioners of Twiggs County, Georgia, and shall convey to the licensee no property right, but only a privilege, which may be revoked by this body at any time, under provisions of this ordinance as set out hereinbefore.

All regulations, ordinances, and resolutions heretofore adopted in conflict with this ordinance as to the sale of malt beverages and wine for consumption on the premises are hereby amended in conformity with this ordinance and if any clause, sentence, paragraph, section or any part of this ordinance shall, for any reason be adjudged by a court of competent jurisdiction to be invalid, said judgment shall not affect, impair, or invalidate the remainder thereof.

Adopted April 7, 2009.


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Statutory References: 3-3-23. Editor’s Notes: 1. A comma should probably appear here. 2. This period should probably be replaced by a semicolon and the following sentence thus rendered an independent clause. 3. Thus in the original; “therefor” was probably intended. 4. In the original, this section and all subsequent roman numeral sections were incorrectly sequenced and are herein corrected pursuant to § 100.100(I)(7) of this Code. 5. This comma should probably be stricken. Cross References: Chapter 310; § 425.100; § 650.100. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 435.010 An Ordinance Prohibiting Drug-Related Paraphernalia. WHEREAS the Commissioners of Twiggs County deem it in the best interest of the citizens of Twiggs County that an Ordinance be adopted to prohibit the possession of drug-related objects, NOW, THEREFORE BE IT ORDAINED AND IT HEREBY IS ORDAINED, by virtue of the authority vested in the Twiggs County Board of Commissioners by law as follows: (a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. (b) Any person or corporation which violates any provision of this ordinance shall be punished by a fine not exceeding $1,000.00 or imprisonment for six months or both, as authorized under O.C.G.A. § 15-10-60. (c) The term “controlled substance,” as used in this Ordinance, shall be defined as that term is defined in O.C.G.A. § 16-13-21. Adopted December 21, 2010. Statutory References: 15-10-60; 16-13-21 Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties.


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Section 450.101: An ordinance relating to dangerous dogs.

WHEREAS, under the provisions of the Georgia Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq., the governing authority of the county is vested with the authority and the responsibility of establishing a county ordinance in compliance with the provisions of the Act with respect to the administration of such law; and

WHEREAS, the Twiggs County Board of Commissioners have concluded that it is in the best interest of Twiggs County that the existing law enforcement personnel administer the duties and responsibilities of the Dog Control Officer as required under said law; and,

WHEREAS, the Twiggs County Sheriff, in recognition of the validity of such conclusion, has consented to be so designated; and

WHEREAS, the Twiggs County Board of Commissioners have further concluded that it is in the best interest of Twiggs County that the Twiggs County Board of Health, under its existing hearing procedures administer the duties and responsibilities of the animal control board as required under said law.

WHEREAS, the Twiggs County Board of Health, in recognition of the validity of such conclusion, has consented to be so designated; and

NOW, THEREFORE, the governing authority of Twiggs County, Georgia, hereby adopts, after motion, second, and majority vote of a quorum of the members of the Twiggs County Board of Commissioners at their regular meeting on ____,1 198__,1 the following ordinance:

(a) The words herein used shall have the meanings ascribed to them in the Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq., which is hereby referenced and incorporated herein.

(b) The Twiggs County Sheriff, and his deputies as authorized and directed by him, is hereby designated as the Twiggs County Dog Control Officer, and directed to enforce and keep records in compliance with the requirements of the Dangerous Dog Control Law within the unincorporated area of Twiggs County.

(c) The Twiggs County Board of Health is hereby designated as the Twiggs County Animal Control Board, and directed to hear and determine matters


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provided for in the Dangerous Dog Control Law within the unincorporated area of Twiggs County.

(d) There shall be an annual fee of twenty-five dollars ($25.00), payable to Twiggs County, charged upon application and annual renewal for each certificate of registration issued. (e) Penalty. Any person, firm, or corporation that shall do any act prohibited or shall fail to do any act required by the Georgia Dangerous Dog Control Act, as incorporated into and implemented by this Ordinance shall be deemed to be guilty of a misdemeanor as provided by Official Code of Georgia Annotated § 36-13-11 and 36-13-2. Violations shall be prosecuted by citation by any law enforcement office of Twiggs County, Georgia in the Magistrate’s Court of Twiggs County in accordance with and as provided in O.C.G.A. § 15-10-1, et seq., and upon conviction thereof shall be punished with a fine of no more than five hundred dollars ($500.00) or imprisonment for no more than sixty (60) days, or both, in the discretion of the Court. Each and every day such violation continues shall be deemed a separate rate offense. Adopted October 18, 1988. Statutory References: 4-8-20; 15-10-1. Editor’s Notes: This section was probably superceded by § 450.102 (which in turn may have been superceded by § 450.103), but it has not been explicitly repealed. 1. In the only known copy of this document (not an original), no date has been inserted. Cross References: § 450.102; § 450.103; § 475.401; § 475.402. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 450.102: An ordinance relating to dangerous dogs.

WHEREAS, under the provisions of the Georgia Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq., as amended, the governing authority of the county is vested with the authority and the responsibility of establishing a county ordinance in compliance with the provisions of the Act with respect to the administration of such law; and,

WHEREAS, the Twiggs County Board of Commissioners has concluded that it is in the best interest of Twiggs County that the existing law enforcement personnel administer the duties and responsibilities of the Dog Control Officer as required under said law; and,

WHEREAS, the Twiggs County Board of Commissioners have further concluded that it is in the best interest of Twiggs County that the Twiggs County Board of Health, under its existing hearing procedures, administer the duties and responsibilities of the animal control board as required under said law.

WHEREAS, the Twiggs County Board of Health, in recognition of the validity of such conclusion, has consented to be so designated.

NOW, THEREFORE, the governing authority of Twiggs County, Georgia, hereby adopts, after motion, second, and majority vote of a quorum of the members of the Twiggs County Board of Commissioners at their regular meeting on _____1__,1 1989, the following ordinance:

(a) The words herein used shall have the meanings ascribed to them in the Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq., as amended, which is hereby referenced and incorporated herein.

(b) The provisions of such Dangerous Dog Control Law, Id., as amended, as they prescribe the conduct of and requirements on the owners of dangerous or potentially dangerous dogs are hereby enacted within the unincorporated areas of Twiggs County, Georgia. (c) The Twiggs County Sheriff and his deputies as authorized and directed by him, is hereby designated as the Twiggs County Dog Control Officer, and directed to investigate, enforce, and keep records in compliance with the requirements of the Dangerous Dog Control Law within the unincorporated area of Twiggs County.


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(d) The Twiggs County Board of Health is hereby designated as the Twiggs County Animal Control Board, and directed to hear and determine matters as provided in the Dangerous Dog Control Law and required by law, within the unincorporated area of Twiggs County.

(e) There shall be an annual fee of twenty-five dollars ($25.00), payable to Twiggs County, charged upon application and annual renewal for each certificate of registration issued.

(f) Twiggs County shall provide, upon request, at the time of payment of the annual fee, a sign in compliance with O.C.G.A. § 4-8-25(2) for posting of2 the premises where the dangerous or potentially dangerous dog is located; it shall be the responsibility of the dog owner to assure that the sign is properly posted in compliance with law as adopted by this Ordinance, and to replace such sign, at the owner’s expense if removed, lost or damaged. No signed, or certified copy of this ordinance has been found. It is dated 1989. Statutory References: 4-8-20 et seq; 4-8-25. Editor’s Notes: This section was probably superceded by § 450.103, but it was not explicitly repealed. 1. In the only known copy of this document (not an original), no date has been inserted. 2. “On” was probably intended. Cross References: § 450.101; § 450.103; § 475.401; § 475.402. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 450.103: An ordinance relating to penalties for the failure to control dangerous dogs.

BE IT ORDAINED by the Board of Commissioners of Twiggs County, Georgia, and it is hereby ordained by authority of the same as follows:

1. The Board of Commissioners of Twiggs County finds that the public health, welfare and safety require that dogs be inoculated and prohibited from roaming at large.

2. Unless a different meaning is required by the context, the terms used in this ordinance shall have the meanings hereinafter respectfully subscribed to them:

“At large” means any dog which is off the property of its owner and not under the control of a competent person. A dog is deemed to be under the control of a competent person if it is controlled by a leash, at “heel” and obedient to the owner’s commands or within a vehicle being driven or parked on the streets or roads of the county.

“Dog” means a canine of either sex, vaccinated or not vaccinated against rabies.

“Owner” means any person having the right of property in a dog or any person who permits a dog to remain on his premises.

“Tag” means a rabies vaccination tag furnished through the Board of Commissioners and approved by the State Department of Public Health, which tag shall be worn by a vaccinated dog. The name and address of the veterinarian who administered the vaccination shall be clearly visible on the tag. “Vaccinate” means the injection of a specified dose of antirabic vaccine by a veterinarian into the proper site of an animal, such vaccine having the U.S. Department of Agriculture Biological Control Section license number approval stamped on the label of the container and having been approved by the State Department of Health.

“Vaccine” means an injectable material containing killed or attenuated rabies virus, licensed by the United States Department of Agriculture, Biological Control Section and approved by the State Department of Public Health. Vaccine used for


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the purposes of this ordinance shall be stored at the temperature prescribed on the package label. Out-of-date vaccine shall not be used. 3. It shall be unlawful for a dog to be at large unless the same is vaccinated at least annually and bears a tag affixed to a collar around its neck indicating that the dog has been vaccinated as herein prescribed.

4. It shall be unlawful for any person to release or abandon any dog within Twiggs County, Georgia, with the intention of leaving said dog unattended for an indefinite period of time.

5. Any person violating the affirmative or negative requirements of this ordinance shall be guilty of an offense and upon conviction thereof in the Magistrate Court of Twiggs County as provided by Title 15, Chapter 10, Article 4, Official Code of Georgia Annotated, shall be punished as therein provided except that the punishment shall be by a fine of not less than $25.00 and not more than $100.00 for each separate offense. Each day’s violation hereof shall constitute a separate offense.

6. This ordinance shall be effective immediately upon its passage.

7. All ordinances or parts thereof in conflict herewith are hereby repealed. Adopted as Ordinance 93-3, June 15, 1993. Statutory References: 15-10-4. Editor’s Notes: This section probably supercedes § 450.101 and § 450.102, though it does not explicitly repeal them. Cross References: § 450.101; § 450.102; § 475.401; § 475.402. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 475.101: An ordinance relating to the penalty for violation of certain ordinances.


1. Any person, firm or corporation who shall violate any of the ordinances of

Twiggs County, heretofore or hereafter adopted, and who is convicted of such violation in the Magistrate Court of Twiggs County shall be punished by a fine not to exceed $300.00. 2. Each day that a violation continues shall be deemed a separate offense and punishable as such. 3. If any ordinance of Twiggs County heretofore or hereafter adopted specifies a particular punishment for its violation, the penalty herein prescribed shall not be applicable, but the penalty set out in such ordinance shall be controlling. 4. This ordinance shall be effective immediately upon its passage, and shall apply only to offenses committed on or after the date of passage. 5. All ordinances or parts thereof in conflict are hereby repealed. Adopted as Ordinance 95-01, March 21, 1995. Editor’s Notes: This general provision is applicable to numerous offenses scattered throughout this Code, though it is not explicitly referenced. Index Headings: Offenses & Penalties; Taxation, Revenue & Finance.


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Section 475.201: An ordinance relating to traffic signs, signals, and other traffic regulation devices.

Whereas, the Twiggs County Board of Commissioners, as the governing authority of Twiggs County has the authority under O.C.G.A. § 36-1-20 (a) to adopt ordinances for the governing and policing of the unincorporated areas of the county for the implementation of any power of duty vested in the governing authority; and

Whereas, the aforesaid power includes the power to provide for punishment for the violation of such ordinances by fines not to exceed $500.00 or imprisonment for a period not to exceed 60 days; and

Whereas, the aforesaid power specifically includes the power to provide for traffic regulation, including adoption of Rules of the Road under Chapter 6 of Title 40 of the O.C.G.A.; and

Whereas, the Board of Commissioners of Twiggs County specifically find that lettering of the County right of way and destruction, vandalism, and graffiti and lettering of county road signs, traffic markings, signs and signals has been a substantial problem resulting in the destruction of county property and increased potential for traffic mishaps, to the detriment of the health, safety, and interests of the citizens of Twiggs County;

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

It shall be unlawful for any person to mark, deface, destroy, letter, vandalize, remove, take, or in any way interfere, without the permission of the governing authority of Twiggs County, Georgia, with any County sign, signal or traffic device. It shall further be unlawful for any person to intentionally mark, letter, or otherwise deface the County right of way any public road in the unincorporated area of Twiggs County.

From and after the date of adoption of this Ordinance, any person in violation of the provisions of this Ordinance will be prosecuted by citation by any law enforcement officer or game warden of Twiggs County, Georgia, in the Magistrate’s Court of Twiggs County in accordance with and as provided in the O.C.G.A. § 15-10-1 et seq., and upon conviction thereof shall be punished with a fine of no more than Three Hundred Dollars ($300.00) or imprisonment for no more than sixty (60) days in the Twiggs County jail, or both, in the discretion of the Court.


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No signed, certified or dated copy of this document has been found. It was adopted as Ordinance 84-2. Statutory References: Chapter 6, Title 40; 15-10-1 et seq.; 36-1-20 (a). Editor’s Notes: Two otherwise identical copies of this document have been found, one labeled Ordinance 84-2 and one dated 1987. Cross References: Chapter 625. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 475.301: A resolution relating to littering.

Whereas, the Twiggs County Board of Commissioners, as the governing authority of Twiggs County have the authority under O.C.G.A. § 36-1-20(a) to adopt ordinances for the governing and policing of the unincorporated areas of the County for the implementation of any power or duty vested in the County governing authority; and,

Whereas, the aforesaid power includes the power to provide for punishment for the violation of such ordinances by fines not to exceed $500.00 or imprisonment for a period not to exceed 60 days; and,

Whereas, the aforesaid power specifically includes the power to provide for the regulation and control of litter; and,

Whereas, the Board of Commissioners of Twiggs County specifically find that littering, plundering, and scattering of garbage and trash in the area and vicinity of County garbage dumpsters has been a substantial problem to the detriment of the health and welfare of the citizens of Twiggs County;

Now therefore be it resolved as follows:

It shall be unlawful for any person to place, store, dump, park, broadcast, scatter or throw, any junk, trash, garbage, litter or similar rubbish upon any public street or sidewalk or in the area in or around any County dumpster or trash or garbage receptacle.

It shall be unlawful for any person to plunder, search and remove items from any County garbage dumpster or garbage receptacle.

It shall be unlawful for any person to place, dump or put or cause to be placed, dumped, or put, any junk, trash, garbage, litter or similar rubbish anywhere but inside an established County trash dumpster or receptacle.

It shall be unlawful for any person to set fire to or cause to burn or incinerate any dumpster or garbage receptacle owned by or in use by Twiggs County, Georgia.

From and after the date of adoption of this ordinance, any person in violation of the provisions of this ordinance will be prosecuted by citation by any law enforcement officer or game warden of Twiggs County, Georgia n1 the Magistrate


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Court of Twiggs County in accordance with and as provided in O.C.G.A. § 15-10-1, et seq., and upon conviction thereof shall be punished with a fine2 of no more that sixty (60) days in the Twiggs County Jail, or both, in the discretion of the Court. No signed, certified, or dated copy of this document has been found. It appears to have been adopted in 1987. Statutory References: 15-10-1, et seq. 36-1-20(a). Editor’s Notes: This section is identical to the version which appeared in the 2001 Official Code of Twiggs County, Georgia, Annotated; however, the following notes were omitted from that edition: 1. Thus in the best available copy. The word “in” was probably intended. 2. Thus in the best available copy; no fine was specified. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 475.401: An ordinance prohibiting specified noises and to provide punishment for violations.

WHEREAS, the Twiggs County Board of Commissioners finds that the public health, welfare and safety require that certain noises be regulated and/or prohibited; and WHEREAS, the Twiggs County Board of Commissioners recognize that a compelling interest exists to protect the citizens of Twiggs County from substantial disorder and invasion of their rights to privacy, peace, and tranquility; and WHEREAS, the Twiggs County Board of Commissioners further recognize that citizens have important rights to freedom of speech and freedom of expression as are guaranteed under the first and fourteenth amendments to the United States Constitution, and this ordinance is not intended to infringe on those rights in an unconstitutional manner; and WHEREAS, the Twiggs County Board of Commissioners seeks to utilize its police power to set fourth a regulatory framework which will govern noises which it deems a nuisance; and WHEREAS, the Twiggs County Board of Commissioners seeks to utilize its police powers seeks* to set forth a regulatory framework that provides a fair warning of the prohibited conduct which will govern those noises which are deemed to be a burden to the public health, welfare and safety; NOW, THEREFORE BE IT ORDAINED that the Board of Commissioners of Twiggs County, Georgia, assembled in regular session, hereby adopts the following: I. Prohibited noises specified.

(a) Unreasonably loud noises declared a nuisance. The creating of any unreasonably loud, disturbing and unnecessary noise within the unincorporated area of the county is hereby prohibited. Noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or in the disturbance of the public peace and welfare is prohibited. In addition, at any time between 9:00 p.m. and 7:00 a.m. Sunday through Thursday and 11:00 p.m. Friday night and Saturday night and 9:00 a.m. Saturday and Sunday, it shall be deemed a violation of this section if any noise regulated or prohibited under the provisions of this section is


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readily audible in another home, residence, apartment or building in which the usual openings such as windows and doors are closed. The person causing the noise, or the owner, lessee or other person in control of the property from which such noise is emanating shall be deemed to be violation of this section. The making or creation of noises prohibited by this article is declared to be a nuisance. (b) Noises enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: 1. Horns. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or, if in motion, only as a danger signal; the creation by means of any such signal device of an unreasonably loud or harsh sound or the sounding of such device for an unnecessary or unreasonable period of time. 2. Musical instruments. The playing of any television, radio, stereo, phonograph or any musical instrument in such a manner or with such volume, as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or any dwelling, hotel or other type of residence, or any persons in the vicinity, except this section shall not apply to schools of music between the hours of 7:00 a.m. and 10:00 p.m. 3. Voices. Yelling, shouting, hooting, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence, or any person in the vicinity. The provisions of this subsection shall also apply to voices or other noises originating within a building or residence and to noise produced by animals such as dogs, cats or others, whether housed in a building or an open enclosure. The provisions of this section shall apply whether or not the noise continues steadily or intermittently. 4. Noisy vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner to create a loud and unnecessary grating, grinding or rattling, or other noise. 5. Exhausts. The discharge of the exhaust of any stationary steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except in


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a muffler or other device which will effectively prevent loud or explosive noises therefrom. 6. Construction work. The erection, (including excavation), demolition, alteration or repair of any building in any residential district or section, the excavation of streets and highways in any residential district or section, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays, except in the cases of urgent necessity and then only with a permit from the County Engineer or Director of Inspections and Fees or his designee, which permit may be granted for a period not to exceed sixty days while the emergency continues. The County Engineer or Director of Inspections and Fees or his designee may issue such permit if they should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways within the hours of 10:00 p.m. and 7:00 a.m., upon application being made at the time of the permit** is awarded or during the progress of the work. 7. On streets of institutions requiring quiet. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings or session thereof. 8. Loud speakers on vehicles. The use of mechanical loud speakers or amplifiers on trucks or other moving or standing vehicles for advertising or other purposes. 9. Dogs. The keeping of any dog(s) which, by causing frequent or long, continued noise, disturbs the comfort or repose of any person in a residence, hotel, motel or hospital. For the purposes of this section, “frequent or long, continued noise” shall include, but shall not be limited to, barking at an average rate of ten (10) or more barks per minute over a period of five (5) minutes which can be heard from a distance of one hundred (100) feet or more, but shall not include the barking of any dog(s) responding to an emergency or to a trespasser on the property of the owner of such dog(s). (c) Exceptions. None of the terms or prohibitions of this section shall apply to or be enforced against: 1. Any vehicle of the unincorporated area while engaging upon necessary public business.


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2. Excavation or repairs of bridges, streets, or highways, by or on behalf of the city, county or state, during the night, when public welfare and convenience renders it impossible to perform such work during the day; nor shall the same apply to work performed by a public utility company under like conditions and circumstances, or when there is urgent necessity therefore. 3. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are non-commercial in nature. 4. Any parade, celebration, or performance for which a written permit has been obtained prior thereto from the County Clerk. 5. The use of equipment utilizing internal combustion engines, the need being occasioned by a natural disaster, power outage, or other emergency not the result of any act of the person using such engine. II. Any person violating the affirmative or negative requirements of this ordinance shall be guilty of an offense and upon conviction thereof in the Magistrate Court of Twiggs County as provided by Title 15, Chapter 10, Art. 4, Official Code of Georgia Annotated, shall be punished as therein provided except that the punishment shall be by a fine not less than (25) and not more than one thousand (1000) dollars or up to sixty (60) days imprisonment or both for each separate offense. Each day’s violation hereof shall constitute a separate offense. III. This ordinance shall be effective immediately upon its passage by a majority of the members of the Twiggs County Board of Commissioners. IV. All ordinances or parts thereof in conflict herewith are hereby repealed. V. Should any section, clause or provision of this resolution be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of this resolution as a whole or any part hereof other than the part so declared to be invalid, each section, clause and provision hereof being declared severable. Adopted as Ordinance 2000-3, February 15, 2000. Statutory References: 15-10-4. Editor’s Notes: *Thus in the original. Probably should read “…seeks to utilize its police power to set forth…” **Thus in the original.


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Cross References: § 450.101; § 450.102; § 450.103; § 475.402. Index Headings: Judicial Affairs & Law Enforcement; Taxation, Revenue & Finance.


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Section 475.402: An ordinance relating to disorderly conduct.

The following described acts shall be deemed disorderly conduct and it shall be unlawful for any person to do or engage in any of the following acts in the unincorporated areas of Twiggs County:

A. Acts constituting disorderly conduct: (1) Any person who shall act in a violent or tumultuous manner toward

another, whereby any person is placed in danger of or in fear of his safety, life, limb or health;

(2) Any person who shall act in a violent or tumultuous manner toward

another, whereby public property or property of another person is placed in danger of being destroyed or damaged;

(3) Any person who shall endanger or interfere with the lawful pursuits of

another by acts of violence or threats of bodily harm; (4) Any person who shall cause, provoke or engage in any fight, brawl or

riotous conduct so as to endanger the life, limb, health or property of another or public property;

(5) Any person who shall assemble or congregate with another or others and

cause, provoke, or engage in any fight or brawl; (6) Any person who shall collect in bodies or in crowds and engage in

unlawful activities; (7) Any person who shall assemble or congregate with another or others and

engage or attempt to engage in gaming;

(8) Any person who shall frequent any public place and obtain money from another by an illegal and fraudulent scheme, trick, artifice, or device or attempt to do so; (9) Any person who assembles with another or others and engages in any fraudulent scheme, device or trick to obtain or attempts to obtain any valuable thing in any place or from any person;


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(10) Any person who utters, in a public place or any place open to the public, any obscene words or epithets; (11) Any person who frequents any place or vehicle where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is practiced, allowed, or tolerated;

(12) Any person who shall use “fighting words” directed toward any person, causing said person to become outraged and thus create turmoil; (13) Any person who shall assemble or congregate with another or others and do bodily harm to another or property of another or public property; (14) Any person who shall, by acts of violence or threats thereof, interfere with another person’s pursuit of a lawful occupation; (15) Any person who shall congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by a peace officer or other person having authority; (16) Any person who damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition; (17) Any person who appears in public in an intoxicated state or condition, whether said intoxication is by alcohol and/or drugs; (18) Any person who exposes any part of his or her body in an indecent or rude manner; (19) Any person, who by and in any manner, creates loud noises which disrupt, disturb or otherwise interfere with the peace and tranquility of the public; (20) Any person who attempts to hinder, delay, obstruct or prevent any law enforcement officer from performing his/her duty; (21) Any person who keeps a disorderly house or house of illfame* and all adults residing in the house shall be considered a keeper;


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(22) Any person who lingers or loiters along public sidewalks, streets or public ways of the county; (23) Any person who fails or refuses to remove himself from the private property of another when requested to do so by the owner or occupant(s) thereof; (24) Any person who alone or in concert with others, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or the value thereof in whole or in part by concealing or taking possession of the goods or merchandise from a retail establishment, alters the price tag or other price marking of goods or merchandise of any store or retail establishment, wrongfully causes the amount paid to be less than the merchant’s stated price for the merchandise of property or value of one hundred dollars ($100.00) or less; (25) Any person who possesses any alcoholic beverage or illegal drug or controlled substance upon the grounds or within any structure of a public elementary school; public high school; or public trade, vocational, or industrial school; or the grounds of any church, synagogue, mosque, or other place of worship, except where alcoholic beverages are used by a teacher for educational purposes, and except where alcoholic beverages are used in a religious ceremony or observance; or (26) Any person who dumps waste, unless authorized to do so by law or by a duly issued permit, in or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping; in any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or in or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation. Whenever any waste which is dumped in violation of this section is discovered to contain nay article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this section.

B. Same – Continued Conduct.


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Continuation of the disorderly conduct constitutes additional offenses. Each day that the disorderly conduct continues shall constitute a new and separate offense and the judge of the magistrate court may impose such sentence as the circumstances may require. C. Same – Punishment. Any person who pleads guilty, nolo contendere or is convicted of violating the provisions of this article, shall be punished as provided in O.C.G.A. § 15-10-60 or such other general law as may be in the future enacted to provide for punishment and penalties that may be imposed by the magistrate courts of the state. In addition to the fine and/or jail sentence, the judge may impose community service. Adopted as Ordinance 2001-02, March 20, 2001; amended May 7, 2002. Statutory References: 15-10-60. Editor’s Notes: *Thus in the original. Cross References: § 450.101; § 450.102; § 450.103; § 475.401. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 480.100: An ordinance relating to distribution of proceeds received in criminal forfeiture proceedings.

WHEREAS, certain monies are available for distribution as a result of the confiscation by law enforcement officials of drugs, money, and other contraband; and

WHEREAS, Georgia law provides for the distribution of these funds; and WHEREAS, pursuant to O.C.G.A. § 16-13-49(u)(4)(B), county governments are authorized upon request of the District Attorney to provide for payment of any and all necessary expenses for the operation of the District Attorney Office from the said forfeiture pool up to ten percent (10%) of the amount distributed; and WHEREAS, the District Attorney’s office for the Dublin Judicial Circuit made a presentation to the Twiggs County Board of Commissioners in which it requested such authorization of the Twiggs County Board of Commissioners; and WHEREAS, the District Attorney’s Office committed to the Twiggs County Board of Commissioners that it would return any amounts paid to that office pursuant to this authorization to the Twiggs County Board of Commissioners; IT IS HEREBY ORDAINED, that the Twiggs County Board of Commissioners authorize payment of ten percent (10%) of the money and property forfeited described above to the District Attorney’s Office of the Dublin Judicial Circuit. Such funds will be returned to the Twiggs County Board of Commissioners along with an appropriate accounting. Adopted March 5, 2002. Statutory References: 16-13-49(u)(4)(B). Cross References: Title III. Index Headings: Judicial Affairs & Law Enforcement; Offenses & Penalties; Property, County.


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Section 490.100: An ordinance relating to the health and welfare of persons in the custody of the county jail. Whereas the harmful effects of secondhand smoke are well documented, and whereas inmates are not free to avoid these effects in the jail setting, the Board of Commissioners hereby adopts the following: 1. The smoking of a cigar, cigarette, or other tobacco product within any portion of the county jail where persons are held in custody is hereby prohibited. 2. Any cigar, cigarette, or other tobacco product found within any such portion of the county jail shall be confiscated. 3. This ordinance shall not prohibit the smoking of tobacco products outside the county jail on the grounds thereof by any person, whether or not such person is in the custody of the county. 4. This ordinance shall be effective immediately upon its enactment. Adopted May 4, 2004. Index Heading: Judicial Affairs & Law Enforcement.


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Title V: Business Regulation Chapter 505 Regulation of General Business Practices Section 505.001 Regulation of the Posting of Signs Section 505.200 Adult Entertainment Establishments Chapter 510 Regulation of Agricultural Enterprises Section 510.010 Prohibition of Certain Livestock and Poultry Operations Section 510.011 Regulation of Certain Commercial Feedlot Businesses Section 510.012 Commercial Livestock Operations Chapter 550 Regulation of Public Utilities Section 550.110 (Repealed) Section 550.200 Natural Gas Regulation Section 550.201 Public Utility Accommodations Section 550.202 Adoption of State DOT Regulation of Public Utility

Accommodations (1992) Section 550.203 Adopt of State DOT Regulation of Public Utility

Accommodations (2002) Chapter 575 Regulation of Telecommunications Enterprises Section 575.101 Grant of Cable Television Service Franchise Section 575.102 Transfer of Cable Television Franchise (1989) Section 575.103 Transfer of Cable Television Franchise (1994) Section 575.104 Transfer of Cable Television Franchise (2000) See also § 310.001, § 310.002, and § 310.003, which impose taxes on certain businesses; § 320.100, which imposes certain permit fees; chapter 610, concerning water quality protection; chapter 650, concerning planning and zoning, which regulates the physical location and character of business enterprises; and § 690.400, concerning the regulation of outdoor watering.


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Section 505.101: An ordinance to regulate the posting of signs.


1. For the purpose of this ordinance, a commercial sign means a printed or

painted sign encouraging or promoting the purchase or use of goods or services, but does not include campaign posters, signs or advertisements prohibited by State law. 2. Commercial signs may be erected within the rights-of-way of the County public roads within the unincorporated area of Twiggs County provided they shall be rectangular in shape, not more than 24 inches high or 30 inches in width. And provided, further, that they do not violate any of the restrictions hereinafter set forth. 3. No commercial sign, though meeting the size requirements of the preceding section hereof, shall be erected or maintained if: a. It is obsolete; b. It is not structurally safe, clean and in good repair; c. It is not securely affixed to a substantial structure which is permanently attached to the ground; d. It is attached to, drawn or painted upon the trees, rocks, or other natural features; e. It moves or has any moving or animated parts; f. Uses or emits in any manner, any sound capable of being detected on the main travel way by a person with normal hearing; g. If illuminated, is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way which are of such intensity or brilliance as to cause glare to impair the vision of the driver of any motor vehicle; h. It obscures any official sign; i. It imitates, resembles or purports to be an official traffic control device; or


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j. Hides from view or interviews with the effectiveness of official traffic control device. 4. Any person, firm or corporation erecting or maintaining such a sign which does not comply with the affirmative and negative requirements of this ordinance shall be deemed guilty of an offense and, upon conviction in the Magistrate Court of Twiggs County, shall be punished as provided by the penal ordinance of Twiggs County. Each day’s violation shall be deemed to be a separate offense. 5. This ordinance shall be effective immediately upon its passage. 6. All ordinances or parts thereof in conflict therewith are hereby repealed. Adopted as Ordinance 95-2, May 2, 1995. Cross References: Chapter 625; Chapter 650. Index Headings: Business Regulation; Offenses & Penalties.


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Section 505.200: An ordinance relating to adult entertainment establishments.

TABLE OF CONTENTS

1. Definitions – 251 2. Purpose and Rationale – 258 3. License Requirements – 260 4. Application for License – 261 5. Application Contents – 261 6. Applicant to Appear – 264

7. Application Investigation – 264 8. License Refusal, Appeal – 266

9. License Renewal – 266 10. Adult Entertainment Establishment Employees – 266

11. Persons Prohibited as Licensees – 267 12. Operation of Unlicensed Premises Unlawful – 268

13. Adult or Erotic Dance Establishment Regulations – 268 14. Certain Activities Prohibited – 269

15. Admission of Minors Unlawful – 270 16. Sales to Minors Unlawful – 270 17. License Nontransferable – 270

18. Change of Location or Name – 270 19. Appeal Procedure – 271

20. Appeal – Board Determines Procedure – 271 21. Board of Commissioners Hearing – 271

22. Rules of Evidence Inapplicable – 271 23. Violations; Penalties – 272

24. Unlawful Operation Declared Nuisance – 272 25. Severability – 272

Section 1: Definitions – The following terms used in this ordinance defining adult entertainment establishments shall have the meaning as indicated below; unless a different meaning is clearly indicated by the context: Adult bookstore or adult video store means an establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital


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video discs, slides, or other visual representations which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas.” In this context a “principal business activity” exists where the commercial establishment: (1) Has at least five percent of its total floor space devoted to the display and sale of merchandise consisting of said items, or (2) Has at least five percent of the wholesale of its displayed merchandise consisting of said items, or (3) Has at least five percent of the retail value of its displayed merchandise consisting of said items, or (4) Derives at least five percent of its revenues from the sale or rental, for any form of consideration of said items, or (5) Maintains at least five percent of its interior business space for the sale or rental or said items; or (6) Maintains an “adult arcade,” which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting “specified sexual activities” or specified “anatomical areas.” Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear semi-nude. Adult dancing establishment means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar characterized by an emphasis on specified sexual activities or specified anatomical areas or that features dancers displaying or exposing specified anatomical areas.


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Adult motion picture theater means an enclosed building with a capacity of 50 or more persons where films, motion pictures, videocassettes, slides, or similar photographic reproductions are used for presenting material distinguished or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. Adult minimotion picture theater means an enclosed building with a capacity of less than 50 persons where films, motion pictures, videocassettes, slides, or similar photographic reproductions are used for presenting material distinguished or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. Adult motion picture arcade means any place to which the public is permitted or invited wherein coins or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Alcoholic beverages means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine. Employ, employee, and employment describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises. Erotic dance establishment means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar characterized by an emphasis on specified sexual activities or specified anatomical areas or that features dancers displaying or exposing specified anatomical areas. Escort bureau; introduction services means any business, agency or persons who for a fee, commission, hire, reward or profit, furnished or offer to furnish names of persons, or who introduce, furnish or arrange for persons who may accompany other persons to or about social affairs, entertainments or places of amusement, or


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who may consort with others about any place of public resort or within any private quarter. Establish or establishment shall mean and include any of the following: (1) The opening or commencement of any adult entertainment establishment business as a new business; (2) The conversion of an existing business, whether or not a adult entertainment establishment business , to any adult entertainment establishment business ; or (3) The addition of any adult entertainment establishment business to any other existing adult entertainment establishment business. Good moral character means according to this ordinance if that person has not [been] convicted of a felony, or any crime not a felony if it involves moral turpitude, in the past five years. The county may also take into account such other factors as are necessary to determine to good moral character of the applicant or employee. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime. Licensee shall mean a person in whose name a license to operate an adult entertainment establishment business has been issued, as well as the individual or individuals listed as an applicant on the application for an adult entertainment establishment business license. In the case of an “employee,” it shall mean the person in whose name the adult entertainment establishment business employee license has been issued. Minor means for the purposes of this ordinance, any person who has not attained the age of 18 years. Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola. Operate or cause to operate shall mean to cause to function or to put or keep in a state of doing business. “Operator” means any person on the premises of a adult entertainment establishment business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business


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or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated an adult entertainment establishment business whether or not that person is an owner, part owner, or licensee of the business. Person shall mean individual, proprietorship, partnership, corporation, association, or other legal entity. Premises means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a adult entertainment establishment business license. Regularly means and refers to the consistent and repeated doing of the act so described. Semi-nude or state of semi-nudity means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part. Semi-nude model studio or Nude model studio means a place where persons regularly appear in a state of nudity or semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of nudity or semi-nudity did so in a modeling class operated: (1) By a college, junior college, or university supported entirely or partly by taxation; (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or


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(3) In a structure: a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class. Sexual device means any three (3) dimensional object designed and marketed for stimulation of the male or female human genitals, anus, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy. Sexual device shop means an establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to their premises by reason of age. Sexual encounter center shall mean a business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex when one (1) or more of the persons is nude or semi-nude. Sexually oriented business means an “adult bookstore or adult video store,” an “adult cabaret,” an “adult motion picture theater,” a “nude or semi-nude model studio,” a “sexual device shop,” or a “sexual encounter center."” Specified anatomical areas shall include any of the following: (1) Less than completely and opaquely covered human genitals or pubic region, buttock, or female breast below a point immediately above the top of the areola; or

(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.


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Specified criminal activity means: (1) Any of the following specified offenses for which less than ten (10) years elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date: a. Rape, child molestation, sexual assault, sexual battery, aggravated sexual assault, aggravated sexual battery, or public indecency; b. Prostitution, keeping a place of prostitution, pimping, or pandering; c. Obscenity, disseminating or displaying matter harmful to a minor, or use of child in sexual performance; d. Any offense related to any sexually-oriented business, including controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes involving prostitution, or crimes involving obscenity; or (2) Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses. Specified sexual activities means and shall include any of the following: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, piquerism, sapphism, zooerasty; or (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or


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(5) Masochism, erotic or sexually oriented torture, beating or in the infliction of pain; or (6) Erotic or lewd touching, fondling or other sexual contact with an animal by a human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. Transfer of ownership or control of an adult entertainment establishment business shall mean any of the following: (1) The sale, lease, or sublease of the business; (2) The transfer of securities which constitute an influential interest (greater than 5%) in the business, whether by sale, exchange, or similar means; or

(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Viewing room shall mean the room, booth, or area where a patron of an adult entertainment establishment business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video reproduction. Section 2: Purpose and Rationale – 2.1: Purpose – It is the purpose of this ordinance to regulate adult entertainment establishment businesses in order to promote the health, safety, moral, and general welfare of the citizens of Twiggs County, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult entertainment establishment businesses within the county. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.


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2.2: Findings and rationale – Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Commissioners, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 427 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); and Artistic Entertainment , Inc. v. City of Warner Robins, 331 F.3d 1196 (11th Cir. 2003); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Williams v. Pryor, 240 F.3d 944 (11th Cir. 2001); Williams v. A.G. of Alabama, 378 F.3d 1232 (11th Cir. 2004); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2000); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11th Cir. 2002); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); and Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520 (2001); Morrison v. State, 272 Ga. 129 (2000); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977), dismissed for want of a substantial federal question, 435 U.S. 982 (1978) (sexual devices); Flippen Alliance for Community Empowerment, Inc. v. Brannan, 601 S.E.2d 106 (Ga. Ct. App. 2004); Oasis Goodtime Emporium I, Inc. v. DeKalb County, 272 Ga. 887 (2000); Chamblee Visuals, LLC v. City of Chamblee, 270 Ga. 33 (1998); World Famous Dudley's Food & Spirits, Inc. v. City of College Park, 265 Ga. 618 (1995); Airport Bookstore, Inc. v. Jackson, 242 Ga. 214 (1978); and based upon reports concerning secondary effects occurring in and around adult entertainment establishment businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado -2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times Square -


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1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Board of Commissioners finds: 2.2.1 Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties and property values, urban blight, litter, and sexual assault and exploitation. 2.2.2 Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area. 2.2.3 Each of the foregoing negative secondary effects constitutes a harm which the county has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the county's rationale for this ordinance, exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the county's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the county. The county finds that the cases and documentation relied on in this ordinance are reasonably believed to be relevant to said secondary effects. Section 3: License Requirements – 3.1 License Required – It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on in or upon any premises within the county any of the adult entertainment establishments defined in this ordinance without a license to do so. No license so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the state or the United States. 3.2 Classification of sexually oriented or adult businesses requiring an adult entertainment establishment business license shall be as follows: 3.2.1 Adult or Erotic dance establishments or adult cabaret;


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3.2.2 Adult bookstore, adult video store;

3.2.3 Adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade; 3.2.4 Semi-nude or nude model studio; 3.2.5 Sexual device shop; 3.2.6 Sexual encounter center, escort bureau or adult business.

Section 4: Application for license – 4.1 An adult entertainment establishment business may designate an individual with an influential interest in the business to file its application for an adult entertainment establishment business license in person on behalf of the business. Any person, association, partnership or corporation desiring to obtain a license to operate, engage in, conduct or carry on any adult entertainment establishment shall make application to the County Administrator or his designated representative. Prior to submitting such application, a $2,500.00 (two thousand five hundred dollars) nonrefundable fee, shall be paid to the Planning and Zoning Office to defray, in part, the cost of investigation and report required by this ordinance and the cost of administering this ordinance. The Planning and Zoning Office shall issue a receipt showing that such application fee has been paid. 4.2 The application shall be signed in the presence of the County Administrator or designee or it shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this ordinance, accompanied by the appropriate licensing fee receipt from the Planning and Zoning Office. 4.3 The application for license does not authorize the engaging in, operation of, conduct of or carrying on of any adult entertainment establishment. Section 5: Application contents – 5.1 Each application for an adult entertainment establishment permit shall contain the following information and documentation submissions:


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(1) The full true name and any other names used by the applicant in the preceding ten years; (2) The present address and telephone number of the applicant; (3) The previous address and telephone number of the applicant;

(4) Acceptable written proof that the applicant is at least 18 years of age; (5) The applicant’s height, weight, color of eyes and hair and date and place of birth; (6) Two photographs of the applicant at least two inches by two inches taken within the last six months; (7) Business, occupation of employment history of the applicant for the five years immediately preceding the date of application. Include business or employment records of the applicant, partners in a partnership, directors and officers of a corporation and, if a corporation, all shareholders holding more than five percent of the shares of corporate stock outstanding; (8) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state or territory under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; (9) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions; (10) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its


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officers or general partners to act as its reasonable managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this ordinance, but only one application fee shall be charged; (11) The names and addresses of the owner and lessor of the real property upon which the business is to be conducted and a copy of the lease or rental agreement;

(12) Such other identification and information as the police or sheriff’s department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application; (13) The age and date of birth of the applicant, of any partners, or of any and all officers, of any stockholders of more than five percent of the shares of the corporation stock outstanding, directors of the applicant if the applicant is a corporation; (14) If the applicant, any partners or any of the officers or stockholders holding more than five percent of the outstanding shares of the corporation, or the directors of the applicant if the applicant is a corporation, have ever been convicted of any crime constituting a felony, or any crime not a felony involving moral turpitude, in the past ten years and if so, a complete description of any such crime, including date of violation, date of conviction, jurisdiction and any disposition, including any fine or sentence imposed and whether terms of disposition have been fully completed; (15) The county shall require the individual applicant to furnish fingerprints of the applicant; (16) If the applicant is a person doing business under a trade name, a copy of the trade name properly recorded. If the applicant is a corporation, a copy of authority to do business in the state, including articles of incorporation, trade name affidavit, if any, last annual report, if any; (17) At least three character references from individuals who are in no way related to the applicant or individual shareholders, officers or directors of a corporation and who are not or will not benefit financially in any way from the application if the license is granted and who have not been convicted of any felony or a municipal code violation involving moral turpitude in the past five years. The licensing officer shall prepare forms consistent with the provisions of this subsection for the applicant, who shall submit all character references on such forms;


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(18) Address of the premises to be licensed; (19) Whether the premises are owned or rented and, if the applicant has a right to legal possession of the premises, copies of those documents giving such legal right;

(20) A plat by a registered engineer, licensed by the state, showing the location of the proposed premises in relation to the neighborhood, the surrounding zoning, its proximity to any church, school, public park, governmental building or site or other business hereunder regulated;

(21) Each application for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by: a. If the applicant is an individual, the individual; b. If by a partnership, by the manager or general partner; c. If a corporation, by the president of the corporation; d. If any other organization or association, by the chief administrative official. Section 6: Applicant to Appear – 6.1. The applicant, if an individual, or designated responsible manager officer, if a partnership or corporation, shall personally appear at the office of the board of county commissioners to the County Administration and produce proof that a $2,500.00 (two thousand five hundred dollars) nonrefundable application fee, established by resolution of the county commissioners, has been paid and shall present the application containing the aforementioned and described information. Section 7: Application; Investigation – 7.1 The county shall have 30 days to investigate the application and the background of the applicant. Upon completion of the investigation, the Planning & Zoning Officer, with the approval of the County Administrator or shall issue a license if: (1) The required fee has been paid; (2) The application conforms in all respects to the provisions of this ordinance;


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(3) The applicant has not knowingly made a material misrepresentation in the application; (4) The applicant has fully cooperated in the investigation of his application;

(5) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of a felony within the past ten (10) years or any crime involving dishonesty, fraud, deceit or moral turpitude within the past ten (10) years;

(6) The applicant has not had an adult entertainment establishment license or other similar license or permit denied or revoked for cause by this county or any other city or county located in or out of this state prior to the date of application; (7) The building, structure, equipment or location of such business as proposed by the applicant would comply with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards; (8) The applicant is at least 21 years of age;

(9) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not, within five years of the date of the application, knowingly allowed or permitted any of the specified sexual activities as defined herein to be committed or allowed in or upon the premises where such adult entertainment establishment is to be located or to be used as a place in which solicitations for the specified sexual activities as defined herein openly occur;

(10) That on the date the business for which a license is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open;

(11) That the proposed premises is not to be located within 5000 (five thousand) feet of any church, school, library, governmental building or site or any other business licensed hereunder; (12) That the grant of such license will not cause a violation of this ordinance or any other ordinance or regulations of the county, state or the United States.


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(13) Any other inquiry deemed necessary or desirable by the county to ensure the health, safety and welfare of the citizens of the county or the preservation of its neighborhoods. 7.2 Within thirty (30) days of the filing of a completed adult entertainment establishment business license application, the county shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. Should the county fail to issue a notice of denial within the thirty (30) days time period, the license will issue automatically. Section 8: License Refusal, Appeal – If the Code Enforcement Officer, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this ordinance, he shall notify the county administrator of such opinion and, within 30 days of the date of application, provide copies of the investigation report to the County Administrator. The County Administrator shall notify the applicant by certified mail, a written notice of intent to deny the license. Any applicant who is denied a permit may appeal such denial to the Board of Commissioners. Section 9: License Renewal – Licenses for adult entertainment establishments may be renewed on a year-to-year basis, provided that the licensees continue to meet the requirements set out in this ordinance. The renewal fees for the adult entertainment establishment license shall be established by resolution of the Board of Commissioners. Section 10: Adult entertainment establishment employee – 10.1 Qualifications – Employees of an adult entertainment establishment shall be not less than 18 years of age. Every employee must be of good moral character as defined in this ordinance. Any employee who is convicted of a crime constituting a felony or a crime not a felony involving moral turpitude while employed as an adult entertainment establishment employee shall not thereafter work on any licensed premises for a period of five years from the date of such conviction, unless a longer time is ordered by a court of competent jurisdiction. The term “convicted” shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime, and the terms “employed on the licensed premises” and “work on any licensed premises” shall include as well work done or services performed while in the scope of employed elsewhere than on the licensed premises.


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10.2. Approval for employer – Before any person may work on a licensed premises, he or she shall file a employee license application with the Board of Commissioners office of their intended employment on forms supplied by the Board of Commissioners office and shall receive approval of such employment from the County Administrator. The prospective employee shall supply such information as the Board of Commissioners requires, including a set of fingerprints on regular county or United States Department of Justice forms. 10.2.1 Upon approval, the employee may begin working on the licensed premises. 10.2.2 If approval is denied, the prospective employee may, within ten days of such denial, apply to the County Administrator for a review . The decision of the County Administrator after review, may be appealed to the Board of Commissioners which may issue an opinion to support or overturn the County Administrator decision.

10.2.3 A non-refundable investigation fee of $ 450 (four hundred fifty dollars) shall accompany the employee license application. 10.3 Suspension, Revocation of License – Violation of the provisions of this ordinance, the ordinances of the county, laws and regulations of the state, or the rules and regulations of the county shall subject an employee to suspension or revocation of license. 10.4 Independent contractors – For the purpose of this ordinance, independent contractors shall be considered as employees and shall be licensed as employees, regardless of the business relations with the owner or license of any adult entertainment establishment. Section 11: Persons prohibited as licensees – 11.1 No license provided for by this ordinance shall be issued to or held by: (1) An applicant who has not paid all required fees and taxes for a business at that location or property taxes; (2) Any person who is not of good moral character; (3) Any corporation, any of whose officers, directors or stockholders holding over five percent of the outstanding issued shares of capital stock who is not of good moral character;


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(4) Any partnership or association, any of whose offices or members holding more than five percent interest therein who is not of good moral character. (5) Any person employing, assisted by or financed in whole or in part by any person who is not of good moral character; (6) Any applicant who is not qualified to hold and conduct a business according to the laws of the United States, the state or the county. 11.2 Should there be a sufficient number of current licenses to meet the needs and desires of the inhabitants of the county, no new licenses shall be issued. In determining the needs and desires of the inhabitants, the standard of review shall be that the market is virtually unrestrained as defined in Young v. American Mini Theaters, Inc. (427 U.S. 50, 81). Section 12: Operation of Unlicensed Premises Unlawful – It shall be unlawful for any person to operate an adult bookstore, adult motion picture theater, adult minimotion picture theater, adult hotel or motel, adult motion picture arcade, adult cabaret, encounter center, escort bureau or adult business or adult dancing establishment or any other adult entertainment establishments identified by this ordinance, unless such business shall have a currently valid license, or shall have made proper application for renewal within the time required thereof under this ordinance, which license shall not be under suspension or permanently or conditionally revoked. Section 13: Adult or Erotic Dance Establishment Regulations – 13.1 No person, firm, partnership, corporation or other entity shall advertise or cause to be advertised an erotic dance establishment without a valid adult entertainment establishment license. 13.2 No later than March 1st of each year, an erotic dance establishment licensee shall file a verified report with the county commissioners office showing the licensee’s gross receipts and amounts paid to dancers for the preceding calendar year. 13.3 An erotic dance establishment licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed as dancers.


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13.4 No adult entertainment establishment licensee shall employ or contract with as a dancer a person under the age of 18 years or a person not licensed pursuant to this ordinance. 13.5 No person under the age of 18 years shall be admitted to an adult entertainment establishment. 13.6 An erotic dance establishment may be open only between the hours of 9:00 a.m. and 12:00 a.m. (midnight) Monday through Saturday and not be open on any Sunday. No licensee shall permit his place of business to open on Christmas Day. 13.7 No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverages or controlled substance upon the premises of the licensee. 13.8 An adult entertainment establishment licensee shall conspicuously display all licenses required by this ordinance. 13.9 All dancing shall occur on a platform intended for that purpose which is raised at least two feet from the level of the floor. 13.10 No dancing shall occur closer than ten feet of any patron. 13.11 No dancer shall fondle or caress any patron, and no patron shall fondle or caress any dancer. 13.12 No patron shall directly pay or give any gratuity to any dancer. 13.13 No dancer shall solicit any pay or gratuity from any patron. 13.14 All areas of an establishment licensed hereunder shall be fully lighted at all times patrons are present. Full lighting shall mean illumination equal to three and five-tenths foot candles per square foot. 13.15 If any portion or subsection of this section of this ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of application to other persons or circumstances shall not be affected. Section 14: Certain Activities Prohibited – No person, firm, partnership, corporation, or other entity shall (a) publicly display or expose or suffer the public


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display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area or buttock in a lewd and obscene fashion, (b) allow any of the specified sexual activities to take place, or (c) allow any specified criminal activities to take place. Section 15: Admission of Minors Unlawful – It shall be unlawful for a licensee to admit or permit the admission of minors within a licensed adult entertainment establishment premises. Section 16: Sales to Minors Unlawful – It shall be unlawful for any person to sell, barter or give or to offer to sell, barter or give to any minor any service, material, device or thing sold or offered for sale by an adult bookstore, adult motion picture theater, adult massage parlor or adult dancing establishment or other adult entertainment facility. Section 17: License Nontransferrable – No adult entertainment establishment license may be sold, transferred or assigned by a licensee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such license, and such permit shall thereafter be null and void provided and excepting, however, that if the licensee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such license, and in such case the license, upon notification to the county, shall be placed in the name of the surviving partner. An adult entertainment establishment license issued to a corporation shall be deemed terminated and void when a majority of the outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license. Section 18: Change of Location or Name – 18.1 No adult entertainment establishment shall move from the location specified on its license until a change of location fee, established by resolution of the Board of Commissioners has been deposited with the county and approval has been obtained from the County Administrator and the zoning department. Such approval shall not be given unless all requirements and regulations as contained in this county ordinance have been met.


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18.2 No licensee shall operate, conduct, manage, engage in or carry on an adult entertainment establishment under any name other than his name and the name of the business as specified on his license. 18.3 Any application for an extension or expansion of a building or other place of business where an adult entertainment establishment is located shall require inspection and shall comply with the provisions and regulations of this ordinance. Section 19: Appeal Procedure – 19.1 The licensee shall, within 10 days after he has been notified of any adverse determination, submit notice of appeal to the County Administrator. 19.2 The notice of appeal shall be addressed to the Board of Commissioners and shall specify the subject matter of the appeal, the date of any original and amended application or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the Board of Commissioners and the name and address of the applicant. 19.3 The County Administrator shall place the appeal on the agenda of the next regular Board of Commissioners meeting occurring not less than five nor more than 30 days after receipt of the application for Board of Commissioners’ action. Section 20: Appeal – Board Determines Procedure – When an appeal is placed on the Board of Commissioners’ agenda, the board may take the following actions: 20.1.1. Set a hearing date within thirty (30) days of the receipt of the notice of appeal, and instruct the County Administrator to provide each such notice of hearing as may be required by law; 20.1.2. Unless otherwise agreed to by the applicant, the Board will conduct the hearing and render a final decision within thirty days of its receipt of the notice of appeal. 20.1.3. Should the Board fail to render a decision within thirty (30) days (or such other time as agreed to by the applicant), a license shall be issued automatically. Section 21: Board of Commissioners Hearing – Whenever the County Administrator has scheduled an appeal before the Board of Commissioners, at the time and date set therefore, the board shall receive all relevant testimony and


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evidence from the licensee, from interested parties and from county staff. The Board of Commissioners may sustain, overrule or modify the action complained of. The action of the Board of Commissioners shall be final. Section 22: Rules of Evidence Inapplicable – The Board of Commissioners shall not be bound by the traditional rules of evidence in hearings conducted under this ordinance. Section 23: Violations; Penalty – Any Person violating the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine not to exceed $2,500.00 (two thousand five hundred dollars) per violation or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. In addition to such fine or imprisonment, a violation of this ordinance shall also be grounds for immediate suspension or revocation of the license issued hereunder. Section 24: Unlawful Operation Declared Nuisance – Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful and a public nuisance. The county may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof in the manner provided by law. It shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult entertainment establishment, and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment establishment contrary to the provisions of this ordinance. In addition, violation of the provisions of this ordinance shall be per se grounds for suspension or revocation of a license granted hereunder. Section 25: Severability – If any provision(s) of this ordinance is found to be unconstitutional, unlawful, or unenforceable in any respect, the remaining provisions of the ordinance will remain in full force and effect. Adopted April 3, 2007. Cross References: Chapter 205; Chapter 225; § 310.002; § 310.003; § 410.100; § 425.100; Chapter 475. Index Headings: Board of Commissioners; Business Regulation; Judicial Affairs & Law Enforcement; Offenses & Penalties; Public Health & Welfare.


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Section 510.010: An ordinance prohibiting the use of certain tracts for the livestock and poultry operations.


1. The Board of Commissioners of Twiggs County, Georgia, finds that livestock and poultry production by reason of noise, production of odors, dust, attraction of flies, and similar undesirable characteristics is a nuisance when conducted on tracts of land smaller than two acres.

2. It shall be unlawful for any person to conduct a livestock and poultry operation within the limits of Twiggs County unless the same is on a tract of land larger than two acres.

3. It shall be unlawful to erect or permit the use of any structure containing poultry or livestock and any storage of manure or odor or dust producing substances or use unless it is located in its entirety at least 150 feet from the property line of the property on which it is situated; provided, however, that existing structures closer to the property line than 150 feet may continue to be used, but may not hereafter be enlarged so as to bring the structure even closer to the property line. If any such structure is destroyed or removed, any replacement building shall conform to this ordinance.

4. It shall be unlawful to keep animals, except those generally recognized as pets, on a tract of land smaller than two acres, other than in a structure, pen or corral.

5. Any person violating the affirmative or negative provisions of this ordinance shall be guilty of an offense and upon conviction thereof in the Magistrate Court of Twiggs County as provided by Title 15, Chapter 10, Article 4, Official Code of Georgia Annotated, shall be punished as therein except that the punishment shall be by a fine of not less than $25.00 and not more than $100.00 for each separate offense. Each day’s violation hereof shall constitute a separate offense.


7. All ordinances or parts thereof in conflict herewith are hereby repealed. Adopted as Ordinance 93-2, June 15, 1993.


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Statutory References: 15-10-4. Cross References: § 510.011; § 510.012; § 550.200; Chapter 650. Index Headings: Business Regulation; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 510.011: An ordinance to regulate commercial feedlot businesses.

WHERAS,* Commercial Feedlot Businesses, because of the animal waste which is a byproduct of operation, pose unique problems associated with protecting the water quality, air quality and nearby and adjacent landowners from objectionable features of animal waste. Therefore, special conditions and restrictions are required to ensure that state waters, as defined in the Georgia Water Quality Control Act, air quality and nearby and adjacent landowners are adequately protected from all objectionable aspects of Commercial Feedlot Businesses.

WHEREAS this ordinance is supplemental and in addition to any Federal,

State or other local ordinance, resolution or Zoning laws, rules or regulations that now exist or are hereinafter enacted regarding Commercial Feedlot Businesses.

NOW, THEREFORE, BE IT ORDAINED by the Commissioners for

Twiggs County that the following regulations be adopted for the control of Commercial Feedlot Businesses within the County of Twiggs:

For purposes of this ordinance a Commercial Feedlot Business is defined as

any of the following facilities: an structure, pen or corral wherein cattle, horses, sheep, and goats are maintained in close quarters for the purpose of fattening such livestock for final shipment to market; the raising of swine under any conditions; the raising of poultry under any conditions. Any Commercial Feedlot Business involving five-hundred (500) or fewer swine or any Commercial Feedlot Business involving poultry in which one-thousand (1,000) or fewer animals are involved, are exempt from this definition.

Commercial Feedlot Businesses must be constructed and operated in

compliance with all Federal, State and local laws, ordinances and regulations. They must be located at such distance from any waters defined as waters of the state by the Georgia Water Quality Control Act, so that no discharge from the operation will flow into such waters, but in no event less than one thousand (1,000) feet.

No Commercial Feedlot Business may be located within an area that has been

designated by the Director of the Environmental Protection Division of the Department of Natural Resources of the State of Georgia as a significant groundwater recharge area.


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No part of any Commercial Feedlot Business operation shall be closer than two thousand (2,000) feet to any building or structure designed for or occupied by humans.

The Commercial feedlot Business facility must be designed and operated to

prevent the discharge of any animal waste, chemicals used in feedlot operations or other harmful substances into any waters of the state as that term is defined by the Georgia Water Quality Control Act.

The feedlot facility must be located so that any odors associated with its

operation, infestation of flies, mosquitoes or other objectionable insects or rodents caused by its operation do not create a nuisance for adjacent or nearby landowners or residents.

Whenever the requirements of this ordinance are at variance with the

requirements of any other lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing the highest standards, shall govern.

Should any section, clause or provision of this ordinance be declared by a

court of competent jurisdiction to be invalid, such action shall not affect the validity of this ordinance as a whole or any part hereof other than the part so declared to be invalid, each section, clause and provision hereof being declared severable.

This ordinance shall become effective immediately upon passage by a

majority of the Commissioners of Twiggs County. Adopted as Ordinance 99-2, June 22, 1999. Editor’s Notes: *Thus in the original. Cross References: § 510.010; § 510.012; § 550.200; Chapter 650. Index Headings: Business Regulation.


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Section 510.012: An ordinance relating to commercial livestock operations. WHEREAS, Twiggs County has recognized that Commercial Feedlots, because of dead animals and animal waste, which are a byproduct of their operation, pose unique problems associated with protecting the water and air quality and the public health of near by and adjacent landowners from objectionable features of Commercial Feedlots. WHEREAS, the Twiggs County Board of Commissioners enacted an ordinance on August 3, 1999 in a public meeting assembled that called for the regulation of Commercial Feedlots. WHEREAS, the Twiggs County Board of Commissioners finds that it necessary to amend the regulations adopted on August 3, 1999 in their entirety in order to protect and promote the health of the citizens and environment within Twiggs County. NOW, THEREFORE BE IT ORDAINED that the Twiggs County Board of Commissioners, assembled in regular session, hereby adopts the following amendments to the Twiggs County Comprehensive Land Development Ordinance: Article IX, Section 100 of the Ordinance is hereby amended by deleting Section 100 in its entirety and by adding a new Section 100 to read as follows:1

Adopted as Ordinance 99-7, October 5, 1999. Editor’s Notes: The August 3, 1999, ordinance referred to herein has not been found. However, Ordinance 99-2, enacted June 22, 1999, and codified herein as § 510.011, concerns the subject of commercial feedlots and may be the ordinance in question. 1. The text of the new Section 100 is incorporated into the Comprehensive Land Development Ordinance, codified herein as § 650.100. Cross References: § 510.010; § 510.011; Chapter 650. Index Headings: Business Regulation.


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Section 550.110: (Repealed) Adopted April 17, 1990. Editor’s Notes: This section was erroneously included in the 2001 edition of the Official Code of Twiggs County, Georgia, Annotated, having previously been declared void by the Georgia Supreme Court; see Twiggs County et al v Atlanta Gas Light Company et al, Twiggs County et al v Southern Bell Telephone & Telegraph Company et al, & Twiggs County et al v Georgia Power Company et al (cases consolidated), 262 Ga. 276, 417 SE2d 13 (1992). See also § 550.203.


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Section 550.200: A resolution relating to expanded regulatory oversight of natural gas transmission and distribution by the county commission. WHEREAS, the Twiggs County Commission has now determined that it is necessary to amend its home rule powers pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia; WHEREAS, the Twiggs County desires to own and operate a natural gas transmission and distribution system within Twiggs County, Georgia; WHEREAS, the Twiggs County Commission is authorized under the Constitution of the State of Georgia, Article IX, Section II, Paragraph I to amend local acts; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Twiggs County, Georgia, and IT IS HEREBY RESOLVED, by the authority of the same, as follows:1 1. Natural Gas Transmission and Distribution System. Twiggs County shall have the power and authority to acquire, hold, build, lease, sell, resell, maintain, extend, equip, operate, and contract with respect to a natural gas transmission and distribution system and to establish and charge rates, fees, tools and charges for services or commodities furnished; to interconnect its systems with the systems of other providers to finance through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain; and to make any contract with respect to and furnish the services of said system to consumers within or outside the territorial boundaries of Twiggs County. 2. All portions of the Code of Twiggs County, Georgia or amendments thereto or all Resolutions in conflict herewith be and the same are hereby repealed.2 3. If any part of this ordinance shall be declared void, it is the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect.

4. The Clerk of the Twiggs County Commission is hereby authorized and

directed to cause a notice, a copy of which is attached hereto as Exhibit “A” and hereby incorporated by reference, to be published in the Twiggs Times New Era, the official newspaper in which Sheriff’s advertisements are published in Twiggs County, once a week for three weeks within a period of sixty days immediately


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preceding the day of the final adoption of the Resolution. The Clerk of the Twiggs County Commission is also hereby authorized and directed to cause the published of the Twiggs Times New Era to execute an affidavit of such publication.

This Resolution was introduced and read at a lawful meeting of the Twiggs

County Board of Commissions held on Tuesday, July 17, 2007, and read the second time, passed and adopted in like meeting held on August 7, 2007.

EXHIBIT “A”

NOTICE OF INTENTION TO AMEND THE CODE OF TWIGGS COUNTY

BY RESOLUTION PURSUANT TO THE HOME RULE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA

TWIGGS COUNTY, GEORGIA Notice is hereby given that a Resolution was introduced on Tuesday, July 17th, 2007, to amend the Code of Twiggs County so as to authorize Twigs County to acquire, hold, build, lease, sell, resell, maintain, extend, equip, operate, and contract with respect to a natural gas transmission and distribution system and for other purposes. A copy of this proposed Resolution to the Code of Twiggs County is on file in the office of the Clerk of the Twiggs County Commission, and is on file in the office of the Clerk of the Superior Court of Twiggs County, Georgia, for the purpose of examination and inspection by the public, all as required by law. Adopted August 21, 2007. Editor’s Notes: 1. Extraneous language was removed at this point. 2. Thus in the original. Cross References: § 510.010; § 510.011; Chapter 650. Index Headings: Board of Commissioners; Business Regulation.


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Section 550.201: An ordinance relating to utility accommodations.

WHEREAS, the governing authority of Twiggs County has the authority under O.C.G.A.§ 36-1-20(a) for the purpose of protecting and preserving the public health, safety, and welfare, to adopt ordinances for the governing and policing of the unincorporated areas of the County, violations of which ordinances may be punished by fine or imprisonment or both; and

WHEREAS, the Twiggs County Board of Health has adopted rules of

practice and procedure under the authority of Chapter 31-3 and Chapter 31-5 of the O.C.G.A. (Ga. Laws 1964, pp. 499, 512-518) as attached as Exhibit A;* and

WHEREAS, the Twiggs County Board of Health has adopted on-site sewage

management rules in conformity with the Rules of the Department of Human Resources, State of Georgia Regulations, Chapter 290-5-26, as attached and incorporated as Exhibit B;* and

WHEREAS, the Twiggs County Board of Health has petitioned the Board of

Commissioners to adopt an ordinance to permit enforcement of these regulations before the Magistrate Court of Twiggs County, as authorized by O.C.G.A.§ 15-10-60; and

WHEREAS, the Twiggs County Board of Commissioners believes that it is in

the best interest of the citizens of Twiggs County to provide the most expeditious and economical means of enforcement of such rules as the Twiggs County Board of Health has adopted under the authority granted to it by law.

NOW THEREFORE, Be It Resolved that the regulations for septic tanks in

the unincorporated areas of Twiggs County adopted by the Twiggs County Board of Health are adopted for Twiggs County, Georgia.

Now Therefore, be it further resolved, that from any after the date of January

1, 1987, any person who has not conformed with the provisions of the on-site management systems rules and manual, as adopted by the Twiggs County Board of Health and attached as Exhibit 2,* hereto as determined by a final order of the Twiggs County Board of Health after having been afforded all the procedural and substantive protections of the Twiggs County Board of Health rules and procedures shall be in violation of this ordinance and shall be punished as provided by the laws of Georgia, upon conviction in the Magistrate Court of Twiggs County with a fine of no more than Five Hundred Dollars ($500.00) or imprisonment for no more than


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sixty (60) days, either or both, in the discretion of the court. Each day any violation of the provision of this ordinance shall constitute a separate offense. Adopted November 4, 1986. Statutory References: Chapters 31-3 and 31-5. Editor’s Notes: *These attachments have not been found, but the law in question can be found in O.C.G.A. Cross References: § 550.202; § 550.203; § 575.101; § 575.102; § 575.103; § 575.104; Chapter 625; Chapter 650. Index Headings: Business Regulation; Offenses & Penalties; Roads & Bridges; Taxation, Revenue & Finance.


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Section 550.202: An ordinance relating to utility accommodation.

WHEREAS, O.C.G.A.§ 32-4-42(6) provides that a county may grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocations of …* equipment, facilities, or appliances of any utility in, on, along, over, or under the public roads of the county which are a part of the public roads of the county road system lying outside the corporate limits of a municipality; and,

WHEREAS, O.C.G.A.§ 32-4-42(6) further provides that, as a condition

precedent to the granting of such permits, the county may require application in writing …* and may also require the applicant to furnish an indemnity bond or other acceptable security to pay and damages to any part of the county road system or to any member of the public caused by the work of the utility performed under authority of such permit; and,

WHEREAS, O.C.G.A.§ 32-4-42(6) further provides that the county may also

order the removal or discontinuance of the utility, equipment, facilities, or appliances where such removal and relocation are made necessary by the construction or maintenance of any part of the county road system; and,

WHEREAS, the governing authority of Twiggs County, Georgia, its Board of

Commissioners, has determined that it is in the best interest of Twiggs County to adopt regulations in accordance with such provisions of Georgia law; and,

WHEREAS, it is the intent of such governing authority to assure that such

regulations are not more restrictive than are equivalent regulations promulgated by the Georgia Department of Transportation with respect to utilities on the state highway system.

NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained by the

governing authority of Twiggs County, Georgia, its Board of Commissioners, after motion, second, and majority vote of the Board at its regularly scheduled meeting this 18th day of August, 1992, as follows:

The regulations of the Georgia Department of Transportation with respect to

utilities on the state highway system, entitled “Utility Accommodation Policy and Standards” dated 1988, as promulgated, attached hereto** and incorporated herein, is hereby adopted as the governing regulations of Twiggs County, Georgia, with the following modifications:


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1. All references to the State of Georgia Department of Transportation, or

the “Department” shall be read as referring to the “Twiggs County Board of Commissioners”.

2. All references to State highway, roads or rights of way shall be read as

referring to Twiggs County roads or rights of way within the county road system lying outside the corporate limits of any municipality.

3. The authority under which the regulations are adopted shall be amended

to those applicable to county regulation of roads and rights of way, specifically including the authority, under O.C.G.A.§ 32-4-42(6), to promulgate regulations consistent with those of the Department of Transportation.

4. All references to the Department’s District Engineer shall be read to refer

to the Twiggs County Engineer, as designated by the Twiggs County Board of Commissioners from time to time; the Clerk of the Twiggs County Commisisoners shall, on request, provide the name, telephone number, and address of the person or firm designated the Twiggs County Engineer for the purpose of enforcing the utility regulations hereby adopted.

5. Such minor language adjustments as are required to read, interpret, and

enforce the regulations on behalf of and in connection with county roads and rights of way by the county, but in no event shall any such adjustment change or effect any substantive requirements or result in any regulation more restrictive than as written for enforcement by the State Department of Transportation.

Should any article, section, or provision of this Ordinance be declared invalid

by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declard* to be invalid.

This Ordinance shall supercede all portions of any ordinances or resolutions

which are in conflict herewith. BE IT FURTHER ORDAINED that RESERVED FOR LATER

DESIGNATION*** is hereby designated the Twiggs County Engineer for the purpose of enforcing the provisions of this Ordinance until further designation of the Twiggs County Board of Commissioners.


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BE IT FURTHER ORDAINED that printed copies of this Ordinance shall be available for distribution to the general public, a copy of this Ordinance shall be published in the local organ of Twiggs County, and copies shall be sent, by the Clerk of the Twiggs County Board of Commissioners, to each known public utility which owns or operates utility facilities in Twiggs County, Georgia. Adopted August 18, 1992; amended May 18, 1993. Statutory & Other References: 1988 Utility Accommodation Policies and Standards, Georgia Department of Transportation. Editor’s Notes: *Thus in the original. **The attachment has not been found. ***The words “reserved for later designation” were added by amendment dated May 18, 1993. Note this section was probably superceded by § 550.230. Cross References: § 550.201; § 575.101; § 575.102; § 575.103; § 575.104; Chapter 625; Chapter 650. Index Headings: Business Regulation; Roads & Bridges.


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Section 550.203: An ordinance adopting state utility accommodation policies and standards.

WHEREAS, the Twiggs County Board of Commissioners (“the Board”) was notified that effective January 1, 2002, the Georgia Department of Transportation (“DOT”) would no longer administer utility regulations on any county road, and the Board was further notified that the DOT would only regulate utility installations on the state highway system.

THEREFORE, the Board of Commissioners hereby adopts the 1988 Utility

Accommodation Policy and Standards of the Georgia Department of Transportation and any amendments thereto. A true and correct copy of the 1988 Utility Accommodation Policy and Standards of the Georgia Department of Transportation will be maintained at the offices of the Twiggs County Board of Commissioners for public inspection and review.

Official Code of Twiggs County, Georgia, Annotated, Section 550.110, An Ordinance Relating to the Use of Public Rights of Way Utility Companies, and any other ordinances and resolutions inconsistent with this ordinance, are hereby repealed. Adopted February 5, 2002. Statutory & Other References: 1988 Utility Accommodation Policies and Standards, Georgia Department of Transportation. Editor’s Notes: This section probably supercedes § 550.202. Cross References: § 550.202; § 575.101; § 575.102; § 575.103; § 575.104; Chapter 625; Chapter 650. Index Headings: Business Regulation; Offenses & Penalties; Roads & Bridges; Taxation, Revenue & Finance.


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Section 575.101: A resolution relating to the granting of a cable television service franchise.

Whereas, it is deemed desirable and in the best interests of the citizens of Twiggs County, Georgia that a cable TV system exist for the use of and residents.

Now, therefore, be it resolved by the Board of County Commissioners of Twiggs County that there is hereby created and established a Cable Television Franchise in the County of Twiggs, which franchise is awarded to REE CABLE, INC. (hereinafter referred to as “Grantee”), said franchise and the rules governing the operation of the Grantee under said franchise being as follows:

1. Definitions. For the purpose of this franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

(1) “County” is Twiggs, Georgia.

(2) “Board of Commissioners” is the Twiggs County, Georgia Board of Commissioners.

(3) “Cable Television System” hereinafter referred to a “CATV System, or “System” means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to originate or receive television or radio signals directly or indirectly off-the-air and transmit them to subscribers for a fee.

(4) “Person” is any person, firm, partnership, association, corporation,

company, or organization of any kind.

(5) “Grantee” is Ree Cable, Inc. or person who succeeds such Company in accordance with the provisions of this franchise.

(6) “Gross Subscriber Revenues” shall include any and all compensation or receipts derived from recurring monthly service charges, but shall not include any refunds or credits made to subscribers, any taxes imposed on the services furnished by Grantee, any writeoffs of uncollectible accounts, and receipts from pay-television, or any amounts paid to Twiggs County.


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2 Grant of Nonexclusive Authority.

(a) The Grantee shall have the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under streets, alleys, public ways and places now laid out or dedicated and all extensions thereof, and additions thereto in the County: poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the County of a CATV System as herein before defined.

(b) The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the County reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the period of this franchise.

3. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its right and perform its obligations under this permit and to accrue uninterrupted service to each and all of its customers; provided that said rules, regulations, terms and conditions shall not be in conflict with the provisions hereto,1 the rules of the Federal Communications Commission, the laws of the State of Georgia, the County or any other body having lawful jurisdiction thereof.

4. Compliance with Applicable Laws, Resolutions, and Ordinances. The Grantee shall, at all times during the life of this franchise, be subject to all lawful exercises of the Sheriff Department’s power by the County and to such reasonable regulation as the County shall hereafter provide.

5. Territorial Area Involved. This franchise relates to the present territorial limits of the County and to any area henceforth added thereto during the term of this franchise.

6. Liability and Indemnification. The Grantee shall hold the County harmless against any and all damages that may be caused by reason of the construction and/or operation of Grantee’s CATV System in the territorial area involved to any and every person or persons, and Grantee shall cause to be defended at its own expense all actions that may be commenced against the County for damages by reason of the construction and/or operation of such system in the territorial area involved. The Grantee shall carry the standard public liability and


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property damage insurance with an insurance company with a recognized reputation acceptable with the County. 7. Operation and Maintenance of the System. The Grantee shall render effective service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, as far as possible, shall be preceded by notice and shall occur during periods of minimum use of the system.

8. Emergency Use of Facilities. In the case of any emergency or disaster, the Grantee shall, upon request of the Board of Commissioners, make available its facilities to the County for emergency use during an emergency or disaster period.

9. Safety Requirements.

(a) The Grantee shall at all times imply ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(b) The Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electric Safety Code, the State of Georgia, and in such manner that they will not interfere with any installations of the County or of any public utility serving the County.

(c) All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys and public ways and places of the County, wherever situated or located, shall at all times be kept and maintained. 10. Conditions on Street Use. (a) All transmission and distribution structures, lines and equipment erected by the Grantee within the County shall be located so as not to obstruct or interfere with proper use of streets, alleys and other public ways and places, and to cause a minimum interference with the rights of property owners who abut any of the said streets, alleys and other public ways and places, and not to interfere with existing public utility installations. In the event existing conditions require such action, Grantee shall place its transmission and distribution lines underground. When property owners pay all or a portion of such underground costs, by the Local Improvement District method or otherwise, Grantee shall be entitled to a pro-rata portion of such payment. The Grantee shall furnish to and file with the County Engineer maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities.


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(b) In case of any disturbance of pavement, sidewalk, driveway or other

surfacing, the Grantee shall, at its own expense replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed in accordance with the standards and specifications of the County.

(c) If at any time during the period of this ordinance the County shall elect to alter, or change the grade or location of any street, alley or other public way, the Grantee shall, upon reasonable notice by the County, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures at its own expense, and in each instance comply with the standards and specifications of the County.

(d) The Grantee shall not place poles, conduits, or other fixtures above or below the ground where the same will interfere with any gas, electric, telephone fixtures, water hydrants, or other utility, and all such poles, conduits, or other fixtures placed in any street shall be so placed so as to comply with all requirements of the County.

(e) The Grantee shall, on request of any person holding a moving permit issued by the County, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid in advance by the person requesting the same, and the Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary changes.

(f) The Grantee shall have the authority to trim all trees upon and overhanging the streets, alleys, sidewalks, or public easements of the County so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee.

11. Erection, Removal and Joint Use of Poles.

(a) No poles, conduits, or other wire-holding structures shall be erected or installed by the Grantee without prior approval of the County Engineer with regard to location, height, type and other pertinent aspects. The location of any pole, conduit, or wire-holding structure of the Grantee shall not be a vested right, and such poles, conduits, or structures shall be removed or modified by the Grantee at its own expense upon order of the County. (b) Where poles, conduits, or other wire-holding structures of any public utility company are available for use by Grantee, the County may require the Grantee to use such poles, conduits, and structures if the permission and consent of


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such public utility company may be obtained by the Grantee and if the terms of the use available to the Grantee are just and reasonable.

(c) For purposes of this franchise, the County-owned municipal utilities system shall be considered the same as any other public utility, and Grantee shall obtain any required consents and agreements directly with said municipal utility.

12. Preferential or Discriminatory Practices Prohibited. The Grantee shall not, as to rates, charges, service, facilities, rules, regulations, or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to any prejudice or disadvantage.

13. Duration of Franchise. This franchise and the rights, privileges and authority hereby granted shall take effect and be in force from and after April 21, 1987 and shall continue in full force and effect for a term of fifteen (15) years.

14. Operational Standards. The CATV System shall be installed and maintained in accordance with the recognized engineering standards of the industry and the Federal Communications Commission Regulations to the end that subscribers shall receive the best service possible.

15. System Construction and Extension.

(a) Grantee, whenever it shall receive a request for service from at least ten (10) subscribers within 1,320 cable feet of its trunk cable, shall extend its system to such subscribers at no cost to the subscribers for system extension other than the usual connection fees for all subscribers, provided that such extension is technically and physically feasible. The 1,320 feet shall be measured in extension length of Grantee’s cable required for service located within the public way or easement and shall not include length of necessary service drop to subscriber’s home or premises. (b) No person in Grantee’s service area shall be arbitrarily refused service. However, in recognition of the capital cost involved for unusual circumstances such as requirement for underground cable, or more than 150 feet of distance from distribution cable to connection of service to subscribers, or a density of less than ten (10) subscribers per 1,320 feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in more densely populated areas, materials, labor and easements.

16. Unauthorized Use and Attachment.


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(a) Whoever, without the consent of the Grantee, willfully destroys, damages, or in any way injures any CATV System within the County, or its poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment or appliances, or who willfully obstructs, impedes or impairs the service of any system therein, or any of its lines, or the transmission of television and radio signals there over; or whoever, without such consent, attaches within County and device or equipment to such system, or any line, antenna, poles, cable, wire fixture, amplifier or other apparatus, instrument, equipment, or appliance thereof; or who taps or connects directly or indirectly, by wire or any other means whatsoever, to or with any system line so as to hear, or see, or be in a position to hear or see, for any use or purpose whatsoever, any signal going over said system line, or who makes said tapping or connection for the purpose of receiving or enabling any other person to receive any service over said line or lines; or whoever uses or attempts to use, in any manner or for any purpose, any information so obtained, or communicates the same in any way or for any purpose, or attempts to so communicate the same; or whoever aids, agrees with, employs, or conspires with, any person to do or cause to do or cause to be done any of the acts hereinbefore set forth; shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding three hundred dollars ($300.00) and each day that such violation exists shall constitute a separate offense.

(b) In all prosecutions of this section of this ordinance, proof that any of the acts herein forbidden where done on or about the premises owned or occupied by the defendant charged with the commission of such offense, or that the defendant unlawfully received the benefit of the transmission of television signals from system on account of the commission of such acts, shall be prima facie evidence of the guilt of the defendants.

7. Miscellaneous Provisions. (a) In the event a customer fails to pay his monthly service charge to Grantee by the tenth of the month in which said charge is due, Grantee is authorized to disconnect the installation or charge a penalty of ten dollars ($10.00) or both. Any customer so disconnected for nonpayment shall be required to pay a full installation fee in order to have the service reconnected.

(b) Upon request of the County, Grantee shall provide the first connection free of charge for basic cable to designated schools, municipal buildings, active chairman and not to exceed five active Commissioners in the County.


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(c) Grantee shall maintain a local agent and a telephone listing for the purpose of receiving inquiries and complaints from its customers. Grantee shall investigate all complaints within three (3) normal working days of their receipt and shall in good faith attempt to resolve them swiftly and equitably.

(d) This franchise is governed by and subject to applicable rules and regulations of the Federal Communications Commission. Should there be any modifications of the provision of Section 78.31 of the Federal Communications Commission Rules and Regulations which must be incorporated into the Franchise, the County and Grantee agree that such further action shall be accomplished with one (1) year of the adoption of the modification or at the time of the next franchise renewal, whichever comes first.

18. Payment to the County. In consideration of the rights and privileges and granted herein Grantee agrees to pay County a franchise fee of three percent (3%) of gross subscriber revenues, such fee to be payable within 90 days after the completion of Grantee’s fiscal year for gross subscriber revenues received within said fiscal year.

19. Construction Schedule. Grantee shall file applications for all necessary permits and authorizations within sixty (60) days of the grant of this franchise. Grantee shall commence construction and installation of its system within sixty (60) days following issuance of permits.

20. Transfer of Franchise. The Grantee of this franchise may not assign or transfer the same without the consent of the County, except that this franchise may be transferred in trust, mortgage or other hypothecation to secure an indebtedness. Nothing herein shall be construed so as to give the Grantee, its successors or assigns, any exclusive right to the privileges herein granted. 21. Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction or any Federal, State, or local regulatory body or agency having jurisdiction over Grantee, such portion shall be deemed separate, distinct, and independent and such holding shall not affect the validity of the remaining portions hereof.

22. This ordinance shall take effect and be in force from and after its passage, approval, and publication.


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Adopted April 21, 1987. Statutory & Other References: 47 CFR 78.31. Editor’s Notes: 1. Thus in the original. “Hereof” was probably intended. Cross References: § 550.201; § 550.202; § 550.203; § 575.102; § 575.103; § 575.104; Chapter 625; Chapter 650. Index Headings: Business Regulation; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 575.102: An ordinance relating to the transfer of the cable television franchise from Ree Cable to Vista Communications.

Be it ordained by the Board of County Commissioners of Twiggs County that the Assignment and Transfer by Dudley Cable TV, INC., d/b/a REE Cable TV to Vista Communications Limited Partnership III or any affiliate thereof (“Vista”), of the cable television franchise under an ordinance adopted and approved on April 21, 1987, is hereby approved.

Upon the effective date of this ordinance, Vista shall acquire and be entitled to all rights and privileges held by seller under the franchise ordinance.

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

Vista shall be entitled to grant security interests in its rights under the franchise ordinance to any lender to Vista’s1 but such rights may not be transferred without prior consent as provided in the franchise ordinance.

This ordinance shall take effect and be enforced from and after the date on which Vista acquired from seller the assets relating to the cable television system operating in Twiggs County pursuant to the purchase and sale agreement dated June 30, 1989.

Transfer conditioned franchise on the transferee’s adherence with the County’s ordinances, as presented, adopted and amended or adjusted in the future, concerning the installation and permitting of utility facilities.

Adopted June 6, 1989. Editor’s Notes: 1. Thus in the original. Cross References: § 550.201; § 550.202; § 550.102; § 575.101; § 575.103; § 575.104; Chapter 625; Chapter 650. Index Headings: Business Regulation; Taxation, Revenue & Finance.


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Section 575.103: An ordinance relating to the transfer of the cable television franchise from Vista LP III to Galaxy.

WHEREAS, by the Franchise Ordinance as assigned, the County has granted to Vista Communications Limited Partnership III (“Vista LP III”), the right, among other things, to operate a cable television facility within the municipal boundaries of the county; and

WHEREAS, Vista LP III has requested that the County approve the proposed transfer by Vista LP III to Galaxy TeleCom, Inc., a Delaware corporation, and/or its permitted assigns (as may be later provided by Galaxy TeleCom, Inc. and attached as Exhibit 1) (“Galaxy”), of the Franchise Ordinance; and the County is willing to consent to such transfer.

NOW, THEREFORE, BE IT ORDAINED BY THE FRANCHISING AUTHORITY OF THE COUNTY:

1. Transfer of Franchise Ordinance. Pursuant to the franchise Ordinance, consent and approval is hereby granted by the County for the transfer of the Franchise Ordinance from Vista LP III to Galaxy, or any controlled, affiliated or related corporation managed by the Galaxy companies of1 their principals to which the Ordinance may ultimately be assigned. The county further consents that Galaxy may conditionally assign or pledge such franchise in connection with its financing of this transfer. The Mayor, Council President, or Presiding Officer of the County and any person designated by such Mayor, Council President, or Presiding Officer are hereby authorized to execute all instruments, documents and agreements in the name of and on behalf of the County which are necessary or desirable in connection with the sale from Vista LP III to Galaxy of the cable television facilities serving the County, including, without limitation, the Consent to Assignments attached hereto as Annex 1.

2. Ordinance Term and Affirmation. All terms and provisions of the Franchise Ordinance shall continue in full force and effect, except the term of the franchise which shall be extended for an additional ten (10) years from the date of closing of the sales transaction from Vista LP III to Galaxy.

3. Effective Date. This Ordinance shall be effective upon the closing of the sale from Vista LP III to Galaxy of the cable television facilities serving the County. Upon or after such closing, Galaxy shall notify the County of the name of the entity to whom the Ordinance is assigned.


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4. Inconsistency. In the event any of the terms and provisions of any other

ordinance or regulation of the county are inconsistent with the terms and provisions of this Ordinance, the terms and provisions of this Ordinance shall govern and control. 5. Publication. The County Secretary/Clerk is hereby directed to publish the caption of this Ordinance at least once in an official newspaper in the County, as authorized by Statutes. ANNEX 1: CONSENT TO ASSIGNMENT

The undersigned hereby consents to the assignment from VISTA COMMUNICATIONS LIMITED PARTNERSHIP III, a Delaware limited partnership (“Assignor”) to GALAXY TELECOM, INC., a Delaware corporation, or any controlled, affiliated or related corporation managed by the Galaxy Companies or their principals to which the Ordinance may ultimately be assigned (as may be later provided by Galaxy TeleCom, Inc.) (“Assignee”), of the cable television franchise of the County of Twiggs, Georgia, represented by Ordinance dated April 21, 1987 as assigned June 30, 1989. The County further consents that Assignee may conditionally assign or pledge such franchise in connection with its financing of this transfer.

The undersigned hereby certifies that said cable television franchise is valid and binding and in full force and effect, and that the Assignor is the present franchisee thereunder and is in full compliance with said franchise, without default thereunder, and that there are no impediments to future renewals.

This consent shall be effective on the date of the closing of the sale of said cable television system to the above-named Assignee. Adopted August 23, 1994. Editor’s Notes: 1. Thus in the original. “Or” was probably intended. Cross References: § 550.201; § 550.202; § 550.203; § 575.101; § 575.102; § 575.104; Chapter 625; Chapter 650. Index Headings: Business Regulation; Taxation, Revenue & Finance.


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Section 575.104: A resolution relating to the transfer of certain cable television franchise rights.

WHEREAS, the Board of Commissioners of Twiggs County (the “Grantor”) granted to BLACKSTONE CABLE, LLC (the “Assignor”), a franchise as set forth in that certain resolution read, passed, and adopted by the Grantor on March 7, 2000, to construct, maintain and operate a cable television system (the “System”) within and through Twiggs County and subsequent additions thereto (the “Franchse”);

WHEREAS, pursuant to a certain Asset Purchase Agreement dated as of

October 15, 1999, the Assignor will assign to MALLARD CABLEVISION, L.L.C. (the “Assignee”) all of its right, title and interest in and to the Franchise and the System;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COMMISSIONERS OF TWIGGS COUNTY, STATE OF GEORGIA, AS FOLLOWS:

1. Grantor hereby consents to and approves of the assignment of Assignor to

Assignee, effective from and after the date of closing of the transfer of the System to Assignee, of all of Assignor’s right, title and interest in and to the Franchise and the assumption by Assignee of the obligations of Assignor under the Franchise, subject to applicable law, which accrue from and after the date of closing of the transfer of the System to Assignee.

2. Grantor confirms that: (a) the Franchise is currently in full force and effect

and expires 4/21/02; (b) Assignor is in compliance with the provisions of the Franchise; and (c) there exists no known fact or circumstance which constitutes or which, with the passage of time or the giving of notice or both, would constitute,* a default or breach under the Franchise, or would allow Grantor to cancel or terminate the rights thereunder except upon the expiration of the full term thereof. 3. Assignee may transfer the Franchise or control related thereto to any entity controlling, controlled by, or under common control with Assignee upon notice to Grantor of any such transfer to an affiliated entity. 4. Grantor approves the assignment, mortgage, pledge, or other encumbrance of the Franchise or assets of Assignee as collateral for a loan. Grantor agrees to recognize Assignee’s secured lender (or any purchaser at a foreclosure sale or other


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successor or assignee of such lender) as franchisee under the Franchise, entitled to all of the benefits and subject to all of the obligations thereunder. 5. This Consent to Franchise Transfer shall be binding on Franchisor and its successors and assigns and shall inure to the benefit of Assignee and Assignee’s lenders and their respective successors and assigns. Franchisor acknowledges that Assignee’s lenders will rely on this Consent to Franchise Transfer in extending financing to Assignee. 6. Grantor and Assignee hereby agree that Section 18 of the Franchise Ordinance is hereby amended to state that Grantee (Assignee) agrees to pay County (Grantor) a franchise fee of five percent (5%) of gross subscriber revenues, such fee to be payable within ninety (90) days after the completion of Grantee’s fiscal review year. Adopted as Resolution 2000-2, March 7, 2000. Editor’s Notes: *Thus in the original. Probably should read “…would constitute a default…” Cross References: § 550.201; § 550.202; § 550.203; § 575.101; § 575.102; § 575.103; Chapter 625; Chapter 650. Index Headings: Business Regulation; Taxation, Revenue & Finance.


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Title VI: Environment, Natural Resources, Land Use, Planning & Zoning

Chapter 610 Water Quality Protection Section 610.010 Water Wellhead Protection Chapter 620 County Water & Sewer System Section 620.010 Non-payment for County Water & Sewer System Section 620.011 Water Theft Chapter 625 Roads & Bridges Section 625.101 Regulation on Use of Public Roads for Private Hauling Section 625.102 Regulation on the Use of Heavy Equipment on Public

Roads Section 625.103 Requirement of Posting Bond Pursuant to 625.102 Section 625.201 Road Access Procedure Section 625.202 Access to Public Roads from Certain Private Properties Section 625.250 Development of Private Roads Section 625.301 Temporary Closure of Public Roads Section 625.401 Regulation of the Posting of Signs along Public Roads See also § 475.201, relating to traffic signs, signals, and regulation devices, and § 550.202 and § 550.203, relating to policies and procedures concerning utility accommodations. Chapter 650 Planning and Zoning Section 650.050 Subdivision of Land for Housing Development Section 650.055 Minimum Lot Size for Residential Development Section 650.075 Planning and Zoning Ordinance Section 650.100 Land Development Ordinance Section 650.410 Location and Relocation of Mobile Homes (1971) Section 650.415 Location and Relocation of Mobile Homes (1987) Section 650.420 Bond Requirement for Installation of Mobile Homes See also § 550.202 and § 550.203, relating to policies and procedures concerning utility accommodations. Chapter 660 Design & Building Codes Section 660.100 Design & Construction Standards for Subdivisions


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Section 660.310 Building Permits (1986) Section 660.311 Building Permits (1987) Section 660.315 Proof of Building Permit Required Section 660.320 Building Inspection Enforcement Procedure Section 660.330 Enforcement of Georgia State Minimum Standard Codes Chapter 675 Sanitation & Waste Management & Disposal Section 675.110 Collection and Disposal of Solid Waste Management

System Section 675.120 Operation of Solid Waste Management Site Section 675.201 Middle Georgia Regional Solid Waste Plan Section 675.310 Joint Solid Waste Management Plan Section 675.316 Joint Landfill, Twiggs & Wilkinson Counties (1993) Section 675.317 (Superceded) Section 675.318 (Superceded) Section 675.319 (Superceded) Section 675.350 (Superceded) Section 675.351 (Superceded) Section 675.352 (Superceded) Section 675.400 Solid Waste Reduction Section 675.500 Privatization of Solid Waste Management Section 675.501 Privatization of Solid Waste Management Chapter 680 Parks & Recreation Section 680.100 Regulation of Use of Spring Valley Park Chapter 690 Conservation & Environmental Protection Section 690.100 Coordination with the Army Corps of Engineers Section 690.400 Outdoor Watering Section 690.510 Soil Erosion and Sedimentation Control (1977) Section 690.515 Soil Erosion and Sedimentation Control (1988) Section 690.520 Soil Erosion and Sedimentation Control (1989?) Section 690.600 Middle Georgia Clean Air Coalition Section 690.610 Use of Alternative Fuels Section 690.620 Anti-Idling for Air Quality Protection Section 690.700 Support of Continued Use of Prescribed Fire


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Section 610.010: An ordinance relating to water wellhead protection.

BE IT ORDAINED by the Twiggs County Board of Commissioners of Twiggs County,1 duly assembled and it is hereby ordained by the authority of the same that the following Ordinance known as the Wellhead Protection Ordinance is adopted and made a part of the Code Ordinance of the Twiggs, to wit:

I. Short Title and Purpose. (a) This Ordinance shall be known as the “Wellhead Protection Ordinance.” (b) The purpose of this Ordinance is to insure the provision of a safe and sanitary drinking water supply for the County by the establishment of wellhead protection zones surrounding the wellsheads/springs for all wells/springs which are the supply sources for the County water system and by the designation and regulation of property uses and conditions which may be maintained within such zones. II. Definitions. When used in this Ordinance, the following words and phrases shall have the meanings given in this Section: (a) Hazardous waste or material – Any waste or material which because of its quantity, concentration or physical, chemical, or infectious characteristics may: (1) Cause or significantly contribute to an increase in mortality or any increase in the serious irreversible or incapacitation reversible illness; 2 (2) Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed. (b) Sanitary landfill – A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, is disposed of on land by placing earth cover thereon. (c) Wellhead – The upper terminal of a well, including adapters, ports, seals, valves and other attachments. III. Establishment of Wellhead Protection Zone. There is hereby established a use district known as a Wellhead Protection Zone, identified and described as all the area within a circle the center of which is the center of any county water supply wellhead and the radius of which is 100 feet.


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IV. Permitted Uses. The following uses shall be permitted within Wellhead Protection Zones: (a) Any use permitted within existing agricultural or single family residential districts, expect3 that the minimum residential lot size for a lot any portion of which lies within the Wellhead Protection Zone shall not be less than one acre; and (b) Any other open land use where any building located on the property is incidental and accessory to the primary open land use. V. Prohibited Uses. The following uses of4 conditions shall be and are hereby prohibited within Wellhead Protection Zones, whether of4 not such use or condition may otherwise be ordinarily included as a part of a use permitted under Section IV of this Ordinance. (a) Surface use or storage of hazardous material, expressly including commercial use of agricultural pesticides; (b) Septic tanks or drain fields appurtenant thereto; (c) Impervious surfaces other than roofs of buildings and street, and driveways and walks serving buildings permitted under Section IV of the Ordinance.5 (d) Sanitary landfills; (e) Hazardous waste disposal sites; (f) Storm water infiltration basins; (g) Underground storage tanks; (h) Sanitary sewer lines within 150 feet of a wellhead. VI. Administration. The policies and procedures for administration of any Wellhead Protection Zone established under this Ordinance, including without limitation those applicable to non-conforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the County of Twiggs, as the same is presently enacted or may from time to time be amended.


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Adopted April 2, 2002. Editor’s Notes: 1. Thus in the original. 2. Thus in the original; “incapacitating reversible illness” was probably intended. 3. Thus in the original; “except” was probably intended. 4. Thus in the original; “or” was probably intended. 5. Thus in the original. Cross References: Title V; § 650.075; § 650.100; § 675.110; § 675.120; § 675.201; § 675.310; § 675.316; § 675.317; § 675.318; § 675.319; § 675.400; § 690.400. Index Headings: Business Regulation; Conservation & Environmental Protection; Planning & Zoning; Public Health & Welfare; Sanitation & Waste Management.


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Section 620.010: An ordinance relating to non-payment for county water and sewer system service..

WHEREAS, Twiggs County operates a water and sewer system for the benefit of it’s citizens; and

WHEREAS, this service is to be paid for monthly by those citizens that utilize the service; and

WHEREAS, some citizens become delinquent in their payment of said service; and

WHEREAS, county officials have worked diligently to make the system fair and equitable for the use by all citizens of Twiggs County that want this service; and

NOW THEREFORE, BE IT RESOLVED by the Twiggs County Board of Commissioners that one month of non-payment will not result in a water system being cut off; but if payment is not made by the end of the late period on the second month, the water will be cut off for all non-paying citizens. Payment of all monies including late fees will be required before water service is restored in addition to all reconnect fees that apply. Adopted November 4, 2008. Cross References: § 620.011 Index Headings: Conservation & Environmental Protection; Sanitation & Waste Management.


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Section 620.011: An ordinance relating to procedures in the event of theft of county water system supply or equipment. I. Purpose: This procedure explains how to handle theft of water discoveries or tampering with utility equipment.

II. Definitions:

“TCWD” – Twiggs County Water Department; “Theft of water” – Installing an unauthorized device, making an unmetered

connection, tampering with meter, connecting to a fire hydrant without BCDES hydrant meter or otherwise obtaining water without paying the scheduled charges.

III. Equipment and Supplies: Camera Microsoft Word Software IV. Work Assignment/Applicability TCWD- Letter of notification and customer appeals-photography, removal of

devices, documentation of pertinent data Twiggs County Board Of Commissioners (TCBOC)- charge and penalty processing.

V. Procedure

1. At the time of discovery, field personnel should take a picture of the illegal device as mounted or installed. The data and address should be documented on the picture. 2. Field personnel should remove any illegal device used to obtain water and present such device to the Department Head. 3. If the responsible party is present, get that party’s name and address. Report the data of discover and any customer communication to the TCBOC. 4. Field personnel should turn off and lock the water service at the location and then leave a door hanger at the service address, informing the customer to contact our TCBOC. In case of new construction, a door hanger is not required; however


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the utility accounts manager for processing the charges and penalty should obtain owner information from the County Tax Assessor database. 5. In the event of any altercation or unsafe condition, the field representative should leave the premises or call 911 if necessary, and contact the supervisor. The supervisor should contact TCBOC and the Sheriff’s Office to file a complaint and request a report. 6. If an unauthorized device was in a meter pit, the utility accounts manager will review the customer’s accounts to determine either the last date a department representative was present and no illegal device was present or the date of the water inspection. The TCBOC should charge $20.00 per day against the property owner’s account. In case’s where the device is mounted to a fire hydrant, only a $1,000.00 penalty should be levied against the owner’s account. The TCBOC should forward a copy of the bill or invoice for the charges and penalties to TCWD. 7. The TCWD will forward a copy of the bill and a letter of notification to the property owner or responsible party via certified mail. The property owner or responsible party will be afforded no more than 30 days for restitution. 8. The property owner or responsible party may elect to refute the charges and penalties imposed. The property owner’s or responsible party may demand a TCBOC hearing to appeal the decision of the TCWD with the TCBOC.

VI. Data and Records Management: In Microsoft Word, The control copy

of this procedure is located in the official code of GA. All documents should be retained for five years. VII. Policy: In the event of unauthorized use of fire hydrant, a $1,000.00 charge will be levied against the responsible party or parties. However, in instances of damaged equipment or determinable amount of water use, TCBOC may impose charges greater than $1,000.00 to compensate for this circumstance. Devises used to obtain water illegally through fire hydrants may be confiscated and may become the property of TCBOC.

In the event that a bypass pipe (“jumper”) is discovered in a domestic service meter pit, a charge of $20.00 per day will be levied against the deeded property owner. The charge will be based on the number of days between the last dates that the utility accounts manager visually inspected the meter pit and the date of discovery of the bypass pipe. In instances of new construction, the charge will be based on the


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number of days between the dates of water lateral inspection or the original permit application and the date of the bypass pipe. A charge of $1000.00 will be levied against the responsible party. In addition, bypass pipes may be confiscated and may become property of TCBOC.

In instances of water theft and tampering with utility equipment, a notification letter will be sent to the responsible party informing the party of the monetary charges and informing the responsible party that further incidents will be referred to the Twiggs County Sheriff’s Department for prosecution. Should the responsible party fail to remit payment by the due date, the charges may be applied to the party’s monthly water bill. Charges unpaid beyond 60 days are subject to TCBOC delinquent account policies. Adopted August 19, 2009. Cross References: § 620.010 Index Headings: Conservation & Environmental Protection.


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Section 625.101: An ordinance regulating the use of roads for private hauling.

WHEREAS, the Twiggs County Board of Commissioners, finds that the use of heavy equipment, machinery and vehicles on county roads and rights of way, for access to property for the purpose of loading and unloading materials and hauling materials to and from sites in Twiggs County, Georgia, has caused damage to the roads and rights of way, and unfavorably impacted the attempts of the County to promote the health, welfare, and safety of the citizens and to maintain all County Roads in a proper and safe operating condition; and

WHEREAS, the Twiggs County Board of Commissioners, finds it necessary

to adopt an ordinance regulating the use of County roads and rights of way for the use of heavy equipment, machinery, and vehicles on said roads, for such hauling of materials to and from sites in Twiggs County, Georgia, for the health, welfare, and safety of its citizens and the protection and maintenance of the County roads and rights of way.

NOW THEREFORE, the Twiggs County Board of Commissioners, after

Motion, Second, and Majority vote of the members of the Board at its meeting the 19th day of February, 1991, adopts the following:

1. Scope of Ordinance: The Ordinance applies to any business enterprise or

commercial entity that uses a County road or right of way in the conduct of its business as access or egress for hauling materials of any nature to or from sites in Twiggs County, Georgia, whether on the pavement of a County road or right of way, paved or unpaved, including shoulders, ditches, and embankments. The provision of remedies to the Board of Commissioners of Twiggs County herein shall not limit or restrict the County and its governing authority from the use of all other remedies, legal and equitable, that may be available to them to enforce compliance with this Ordinance, and to protect and maintain the health, welfare and safety of the citizens, and the integrity and condition of county roads and rights of way.

It is the purpose and requirement of this Ordinance that business enterprises

that use the County Roads and Rights of Way of Twiggs County, Georgia shall not injure or damage the said roads and rights of way in hauling materials to and from sites in Twiggs County, that if there is any damage to such roads and rights of way as a result of such hauling, the business enterprise responsible for such damage shall pay the resulting cost of repair and maintenance, and there shall be a fund available, in the form of a bond or otherwise, from which the costs and expense of such repair and maintenance shall be paid.


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2. Definitions: A. Business enterprise shall mean any commercial activity conducted by an

individual, partnership, corporation, or any other business enterprise whether or no1 conducted for pecuniary gain or profit.

B. Hauling, and materials2 shall have their ordinary meaning but shall include

specifically include3 materials or products which are harvested or mined, such as timber or clay.

C. All terms not specifically defined shall have their ordinary meanings. I. Notification and Bond 3. Notification Required: All individuals, companies, or other business

entities, (hereinafter referred to as “applicant”), prior to hauling materials from or to sites in Twiggs County, Georgia or using County roads or rights of way for access to private property on County roads or rights of way must provide the following information to the Superintendent of Roads, with copy to the County Clerk, in writing on forms available in the office of the Board of Commissioners, no later than one (1) week before such hauling of materials shall commence:

(1) The name, address, and telephone number of the contractor or firm

which will be hauling materials to or from sites in Twiggs County, Georgia; (2) The approximate location of the access site to the County road; (3) The approximate dates of commencement and completion of the hauling

of materials to or from sites in Twiggs County, Georgia; (4) The type of material to be hauled to or from sites in Twiggs County,

Georgia; (5) The type and weight of vehicles to or from which the materials will be

hauled and the approximate weight of material per vehicle which will be loaded or unloaded.

4. Action Upon Notification:


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The Superintendent of roads or his designee shall, within 2 working days of receipt of the notification, inspect the site to determine if a culvert is required along said County road or right of way, and the size and length of culvert, if any is required to support such hauling of materials and shall advise the applicant, and the Board of Commissioners on copy of the notification form; if such culvert is required and the applicant, by concurrence on a copy of the form, indicates desire to proceed with the activity as described, the Superintendent shall install the necessary culvert at the expense of the applicant.

5. Surety Bond.

A. The Board of Commissioners shall be authorized to require the posting of a Surety Bond in the amount of $1,000.00 by the applicant. Said bond will remain in force until the conclusion of the operation with the condition of access points and County roads and rights of way being found in satisfactory condition at the conclusion of such hauling as prescribed by this Ordinance. The surety bond may be purchased by a company, corporation, or individual on a yearly basis to cover all hauling activity involving access to a County road or right of way during the calendar year, or on an “as needed” basis for each such activity. However, upon forfeiture of a bond, the company, corporation, or individual shall be required to purchase a bond for each such hauling activity involving a different access point to a County road or right of way. B. In lieu of a Commercial Surety Bond, the company, corporation, or individual applicant may be allowed to post a property bond, as approved by the Board of Commissioners, provided that the bond reflects a sufficient, solvent surety for the performance of the obligations delineated in this Ordinance, in an amount no less than $1,000.00. C. The bond shall be conditioned upon the faithful performance of all requirements of this Ordinance, the violation of which shall authorize the forfeiture of such amount of the bond as may be required to repair any damage caused to any County road or right of way. However, the posting of a bond, as set out above, shall not relieve the principal for any liability for damages over and above the actual amount of any such damages. D. The Board of Commissioners, in their discretion, shall be authorized to waive the posting of a bond by any responsible company, corporation, or individual maintaining an office or doing business in Twiggs County, having a net worth, exclusive of any indebtedness, in excess of $1,000.00 However, such company,


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corporation or individual fails to promptly perform or pay for damages in accordance with the requirements of this Ordinance upon demand of the Board of Commissioners shall terminate such waiver, and bond shall thereafter be required of such company, corporation, or individual.3

E. Applicants will use crushed stone or other suitable material if required by the Superintendent of Roads, as set out below, to prevent the transport or depositing of excessive amount of mud unto4 County roads and rights of way. G.5 Applicants will, as soon as practicable after the completion of the hauling operation, clean or repair any damage to the County road or rights of way to replace it in a condition at least comparable to that existing before the loading or unloading and hauling operation. 2. Suspension of Operations. A. The Superintendent of Roads, the Chairman of the Twiggs County Board of Commissioners, the members of the Twiggs County Board of Commissioners representing the District in which the road or right of way at the access point exists or over which the hauling is being done, or the Twiggs County Sheriff, shall have the authority to have the authority6 to suspend all operations in the following circumstances: (1) There has been no prior application concerning the activity as provided herein: (2) No bond has been posted or waiver for such bond exists; (3) The condition of the county road or right of way, whether at an access point or along the route of hauling is not being kept in a clean and serviceable condition, or is any threat to the safety or access of the public. C. Upon suspension of operations, the applicant shall have five (5) days to appeal the decision of the suspending authority to the Board of Commissioners. The appeal will be heard by the Board of Commissioners at the next regularly-scheduled meeting of such Board. If the suspension was authorized by a member of the Board of Commissioners, that member will participate in the voting decision on the appeal. 3. Final Inspection, Repair, Payment and Forfeiture of Bond.


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A. The applicant will advise the Superintendent of Roads when the hauling operation is completed, and the Superintendent shall inspect the site to determine whether the condition of the County road or right of way at and from the access point is in at least as good repair and at least as clean, and serviceable, as it was prior to the hauling operation. If the Superintendent finds that the County road or right of way is not in acceptable condition under this Ordinance, he will advise the applicant immediately; if the applicant does not immediately begin and provide such repair and cleaning of the County road or right of way to return it to at least its prior state of repair and service, the Superintendent of Roads shall do so, and charge the reasonable cost thereof to the applicant. B. Upon receipt of the decision of the Road Superintendent that the condition of the County road or right of way is inadequate under this Ordinance, or the receipt of a demand for expenses incurred in the repair and cleaning, the applicant shall have five (5) days to appeal the decision or demand to the Board of Commissioners. The appeal will be heard by the Board of Commissioners at the next regularly scheduled meeting of such Board. C. The Board of Commissioners, upon notification by the Superintendent of Roads of the amount of the demand, subject to the right of appeal as set out above, shall be authorized to declare the surety bond forfeited, for the payment of the cost of the repairs or clean-up operation needed to place the county road or right of way affected in as good condition as existed before the hauling operation; forfeiture of the bond shall not limit the liability of any applicant to the amount of any bond, and the Board of Commissioners may demand and pursue the full cost of repair and any other remedy available under law and equity. Adopted February 19, 1991. Editor’s Notes: 1. Thus in the original. 2. Thus in the original. Probably should read “Hauling and materials…” Thus in the original Probably should read “…but shall specifically include…” 3. Thus in the original. This sentence should probably read “However, if such company, corporation or individual fails to promptly perform or pay for damages in accordance with the requirements of this Ordinance, upon demand of the Board of Commissioners such company, corporation or individual shall terminate such waiver, and bond shall thereafter be required of such company, corporation, or individual.” 4. Thus in the original. 5. Thus in the original. No “F.” was included. 6. Thus in the original.


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Cross References: § 625.102; § 625.103; § 625.201; § 625.202; § 625.301; § 505.101; Chapter 550; Chapter 650. Index Headings: Roads & Bridges; Taxation, Revenue & Finance.


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Section 625.102: An ordinance to regulate the use of heavy equipment, machinery and vehicles on county roads and rights of way.

WHEREAS, Twiggs County Board of Commissioners adopted on February 19, 1991 an ordinance regulating the use of county roads by heavy equipment, machinery and vehicles; and

WHEREAS, Twiggs County Board of Commissioners find it necessary to

make amendments to this ordinance to further protect the county treasury and the integrity of county roads; and

WHEREAS, Twiggs County Board of Commissioners finds that the

continued use of heavy equipment, machinery and vehicles on county roads and rights of way, for access to property for the purposes of loading and unloading materials and hauling materials to and from cites* in Twiggs County, Georgia continues to cause damage to the roads and rights of way and unfavorably impact the attempts of the county to promote health, welfare and safety of the citizens and to maintain all county roads in a proper and safe operating condition; and

WHEREAS, Twiggs County Board of Commissioners deems it necessary to

adopt this new ordinance regulating the use of county roads and rights of way for heavy equipment, machinery and vehicles for hauling materials to and from sites in Twiggs County, Georgia, for the health, welfare and safety of its citizens and the protection and maintenance of the county roads and rights of way.

NOW, THEREFORE, the Twiggs County Board of Commissioners, after

motion, second and majority vote of the members of the Board at its meeting on the 3rd day of June, 1997, adopts the following:

1. Intent. In order to promote the safety of the citizens and maintain all

county roads in a proper and safe operating condition, the Twiggs County Board of Commissioners find it necessary to adopt an ordinance regulating the use of county roads with the respect to the use of heavy equipment, machinery and vehicles on said roads. The Commissioners specifically find that companies and individuals that use roads for logging and other operations that require heavy machinery often damage the surface of the road while hauling materials from private property onto the public right-of-way. This damage can cause traffic hazards, automobile accidents and is a great expense and burden to taxpayers of the county. Also, improperly installed driveways can cause drainage problems and potential flooding of rights-of-way which also may become a traffic safety hazard. It is the intent of this ordinance


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to protect the county road system, make those companies that use the road system for profit in operating heavy machinery and equipment to be responsible for any damage they cause and to protect the citizens of Twiggs County and all other persons who use our county road system. 2. Scope of Ordinance. This ordinance shall cover any business enterprise, or commercial entity that uses a county road right-of-way in carrying out its business by loading materials of any nature whether on the pavement of a county right-of-way or crossing the unpaved portion of the right-of-way including ditches, shoulders and embankments. The provision or remedies of the Board of Commissioners of Twiggs County herein shall not limit or restrict the county and its governing authority from the use of all other remedies, legal and equitable, that may be available to them to enforce compliance with this ordinance, and to protect and maintain the health, welfare and safety of the citizens, and the integrity and the condition of the county roads and rights-of-way. 3. Definitions. A. “Business enterprise” shall mean any commercial activity conducted by an individual, partnership, corporation or any other business enterprise whether or not conducted for pecuniary gain or profit. B. “Hauling” shall have its ordinary meaning but shall include specifically moving materials or products which are harvested or mined such as timber or clay. C. All other terms not specifically defined shall have their ordinary meaning. 4. Notification Required. All individuals, companies and any other business entity (hereinafter referred to as “applicant”), prior to hauling materials from and to sites in Twiggs County, Georgia or using county roads or rights-of-way for access to private property on to county roads or rights-of-way must provide the following information to the superintendent of roads, with a copy to the county clerk, tax commissioner and tax assessors in writing on forms available in the office of the Board of Commissioners, no later than one week before hauling materials shall commerce: A. The name, address and telephone number of the contractor or firm which will be hauling materials to or from sites in Twiggs County, Georgia. B. The approximate location of the access point to the county road system.


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C. The approximate dates and** commencement and completion of hauling materials to or from sites in Twiggs County, Georgia. D. The type of material or product to be hauled to or from sites in Twiggs County, Georgia. E. The type and weight of vehicles to or from which the materials will be hauled and approximate weight of materials per vehicle which will be loaded or unloaded. 5. Action Upon Notification. The superintendent of roads or his designee shall within two working days of receipt of the notification, inspect the site to determine if a culvert is required along said county road or right-of-way, and the size and length of the culvert, if any is required to support such hauling of materials and shall advise the applicant and the Board of Commissioners on a copy of the notification form; if such culvert is required and the applicant, by concurrence on a copy of the form indicates desire to proceed with the same activity as described, the superintendent shall install the necessary culvert at the expense of the applicant. 6. Surety Bond. A. All applicants for permits hereunder are required to post a surety bond in the amount of $5,000 naming Twiggs County as the beneficiary of the bond. B. In lieu of a commercial surety bond or property bond the company, partnership, corporation or individual applicant will be allowed to substitute a cash bond to be held in the county treasury in an amount not less than $5,000 dollars. This cash bond will be held and released in the same manner as a surety bond set out below. C. The bond shall be conditioned upon the faithful performance of all requirements of this ordinance, the violation of which shall authorize the forfeiture of such amount of the bond as may be required to repair any damage caused to the county road or right-of-way. However, the posting of a bond, as set out above, shall not relieve the principle for any liability for damages over and above the actual amount of such bond. In the event a county road or right-of-way is damaged by an applicant during his hauling activities, the applicant will be called upon in writing to repay the county for repairs actually commenced. The failure of the applicant to pay the amount owed for the repair of the county road or right-of-way within five (5) days


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of said letter shall give the county road superintendent and the Board of Commissioners the right to seek compensation for the damage to the road or right-of-way against the surety bond or property bond or cash bond as set out above. 7. Responsibility of Applicant. All business enterprises, whether a company, partnership, corporation or individual shall in the course of using the Twiggs County roads and rights-of-way for the purpose of hauling materials to and from sites in Twiggs County, Georgia, limit and repair any damage to the county roads and rights-of-way in accordance with the provisions herein. If, in the course of hauling the materials to and from sites in Twiggs County, Georgia, there is any damage to the Twiggs County roads and rights-of-way as a result of such hauling, the business enterprise responsible for such damage shall pay the resulting cost of repair and maintenance to conform at a minimum to the conditions of the road or right-of-way prior to such hauling as set out above. The hauling operation shall be conducted as follows: A. All material loading or unloading operations shall be conducted at a loading site off the county road and right-of-way and behind the established ditch line of county roads and right-of-way. B. Loading or skidding of materials, timber or logs will not be permitted on county roads and rights-of-way. C. Ditches shall be kept at all time clear of debris or residue in order to allow proper drainage. D. County roads and rights-of-way, particularly at the access site for the loading or unloading on private property, shall be kept in a clean and serviceable condition and free or mud or dirt deposits at all times. E. Applicants will be required to put down crushed stone or other suitable material as approved by the superintendent of the roads to prevent the transport or depositing of excessive amounts of mud on to county roads and rights-of-way during the applicants ingress and egress to private property. F. Applicants will notify the county road superintendent immediately in the event that the county road is damaged in any way that would be hazardous to the motoring public. Also, as soon as practicable after the completion of a hauling operation, the applicant will clean or repair any other damage to the county road or


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right-of-way and place it in a condition at least comparable to that existing before the loading or unloading and hauling operation. 8. Suspension of Operations. The superintendent of roads, the Chairman of Twiggs County Board of Commissioners, any member of the Board of Commissioners representing the district in which the road or rights-of-way at the access point exits over the right-of-way, or the Twiggs County Sheriff, shall have the authority to suspend all operations of applicants in the following circumstances: A. There has been no prior application concerning an activity as provided herein. B. No bond has been posted. C. The condition of the road or right-of-way, whether at an access point or along the route of hauling is not being kept in a clean and serviceable condition, or is any threat to safety or access to the public. D. The suspending authority may remove the suspension as soon as the applicant corrects the deficiency which resulted in this suspension of operations. E. Upon suspension of operation, the applicant shall have five (5) days to appeal the decision of the suspending authority to the Board of Commissioners. The appeal will be heard by the Board of Commissioners at the next regularly scheduled meeting of such Board. If the suspension was authorized by a member of the Board of Commissioners, that member will participate in the voting decision on the appeal. 9. Application requirements. Each applicant for a permit required herein shall furnish such information as may be necessary on forms provided in the office of the county clerk or in the office of the county road superintendent. Upon furnishing all necessary information and posting the required bond, the county road superintendent will inspect the site and as soon as the required driveway, culvert and crushed stoned have been installed, the county road superintendent shall release the applicant to commence hauling operations. No hauling operations shall commence until all of the above requirements have been met. Also, the applicant is required to post a copy of his permit issued by the county road superintendent adjacent to the driveway access point onto the applicant’s private property. A copy of the permit once approved by the road commissioner will be sent to the Twiggs County Tax Assessors, Twiggs County Sheriff, Twiggs County Tax Commissioner and the office


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of Twiggs County Commissioners. Commencing hauling operations without a permit issued as provided herein shall be an offense against Twiggs County, Georgia and punishable as set out below. 10. Final Inspection, Repair, Payment and Forfeiture of Bond. A. The applicant will advise the superintendent of roads when the hauling operation is completed, and the superintendent shall inspect the site to determine whether the condition of the county road or rights-of-way at and from the access point is in at least as good repair and clean and serviceable as it was prior to the hauling operation. If the superintendent finds that the county road or right-of-way is not in acceptable condition under this ordinance he will immediately advise the applicant. B. If the applicant does not immediately begin to provide such repair and cleaning of the road or right-of-way to return it to the condition prior to the commencement of the hauling operation, the superintendent of roads shall do so and charge a reasonable cost thereof to the applicant. C. Upon receipt of the decision of the road superintendent that the condition of the county road or right-of-way is inadequate under this ordinance, or the receipt of a demand for expenses incurred in the repair and cleaning, the applicant shall have five (5) days to appeal the decision or demand to the Board of Commissioners. The appeal will be heard at the Board of Commissioners at the next regularly scheduled meeting of such board. D. The Board of Commissioners, upon notification by the superintendent of roads of the amount of the demand, subject to the right of appeal as set out above, shall be authorized to declare a surety bond forfeited, for the payment of the cost of repairs or cleanup operations needed to place the county road or right-of-way affected in as a good condition as exist*** prior to the hauling operation. Forfeiture of the bond shall not limit the liability of any applicant to the amount of any bond, and the Board of Commissioners may demand and pursue the full cost of repair and any other remedies available under law and equity. 11. Exceptions. The provisions of this ordinance shall not apply to any vehicle used to carry heavy materials with six wheels or less. 12. Penalties. Any person, firm, partnership or corporation or agent thereof who shall violate a provision of this ordinance, or fail to comply therewith, or with


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any other requirements thereof, shall be guilty of a misdemeanor, an offense punishable in the Magistrate Court of Twiggs County. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed or continued, and upon conviction of any such violation such person shall be punished within the limits as provided by state laws of the jurisdiction of Magistrate Court. Any punishment as provided herein in Magistrate Court shall be in addition to any rights or remedies concerning the recovery of cost of clean up and repair and forfeiture of any bond provided herein. Adopted as Ordinance 97-01, June 3, 1997; amended by Ordinance 97-03, October 7, 1997, codified herein as § 625.103. Editor’s Notes: *Thus in the original. “Sites” was probably intended. **Thus in the original. Probably should read “…dates of commencement…” ***Thus in the original. “Existed” was probably intended. Cross References: § 625.101; § 625.103; § 625.201; § 625.202; § 625.301; § 505.101; Chapter 550; Chapter 650. Index Headings: Offenses & Penalties; Roads & Bridges; Taxation, Revenue & Finance.


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Section 625.103: An ordinance relating to the posting of bond pursuant to Section 625.102.

WHEREAS, Twiggs County Board of Commissioners adopted on June 3, 1997, an ordinance titled “An ordinance of Twiggs County, Georgia to regulate the use of heavy equipment, machinery and vehicles on county roads and rights of way; and for other purposes”;1 and

WHEREAS, Twiggs County Board of Commissioners find it necessary to

make an amendment to this ordinance; and WHEREAS, Twiggs County Board of Commissioners deem it necessary and

proper to lower the surety bond from $10,000.00 to $5,000.00 as provided in said ordinance.

NOW, THEREFORE, the Twiggs County Board of Commissioners, after

motion, second and majority vote by the members of the Board at its meeting on the 7th day of October, 1997, adopts the following:

Paragraph 6 of the ordinance dated June 3, 1997, which regulated the use of

heavy equipment, machinery and vehicles on county roads and rights of way is hereby deleted and a new paragraph 6 is adopted in lieu thereof to read as follows:2

Adopted as Resolution 97-03, October 7, 1997, amending Resolution 97-01, codified herein as §625.102. Editor’s Notes: 1. Ordinance 97-01, codified herein as § 625.102. 2. The text of the new language is incorporated into § 625.102, where it replaces the original language referred to herein. Cross References: Cross References: § 625.101; § 625.102; § 625.201; § 625.202; § 625.301; § 505.101; Chapter 550; Chapter 650. Index Headings: Roads & Bridges; Taxation, Revenue & Finance.


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Section 625.201: A resolution relating to road access.

WHEREAS, both State and County owned roads traverse Twiggs County; and

WHEREAS, entrance ways onto these roads must cross the non-paved right

of ways contiguous to these roads; and WHEREAS, Twiggs County is allowed to perform any maintenance work on

publicly owned lands in Twiggs County; and WHEREAS, the Twiggs County Commission has been informed that the

State Department of Transportation is not maintaining or establishing the entrance ways but is instead authorizing by special permit the development of such ways; and

WHEREAS, the Twiggs County Commission is willing to recognize the

granting of such permits by the State; and WHEREAS, the Board of Commissioners has determined that citizens of the

County from time to time require access to their private property from County roads; and

WHEREAS, such access requires the emplacement of pipe on the County

right of way; and WHEREAS, it is the determination of the members of the Board of

Commissioners that, for proper supervision and protection of the County right of way, it would be to the benefit of the County and its property to have the work to place such pipe and create access over the County right of way, done by County employees under the supervision of the governing authority; and

WHEREAS, the Board of Commissioners considers the cost of the actual

pipe to be solely for the benefit of the citizen or citizen for whom access is created; THEREFORE BE IT RESOLVED that the Twiggs County Commission shall establish a system for the establishment and maintenance of entrance ways to all public, non-federal owned roads within Twiggs County and the County shall perform the necessary work to emplace the pipe on the County right of way necessary to create access from private property to County roads under the following conditions:


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Road Access System Standard Operating Procedure (SOP) Authority: This SOP is adopted in accordance with the resolution of the Twiggs County Board of Commissioners dated May 1, 1984.* Purpose: The purpose of this SOP is to establish a system for the development of entrance ways to State and County public roads. Duties: 1. The County Clerk shall maintain a record in a log book of all requests for the establishment of entrance ways by commissioner district. The Clerk shall inform the County Road Supervisor as to where to establish an entrance way. The Clerk will follow the criteria set forth in this SOP in determining whether to establish an entrance way. Once all items in this criteria are met, an entrance way will be established. 2. The County Road Supervisor will establish the entrance way and maintain it in a manner which will enhance traffic and safety on the public roads. He will ensure that work is done only on the public right of way and will certify to this effect on each job site work order from. He will return this certification to the County Clerk. Criteria: The following criteria will apply: 1. No discrimination because of race, sex, age, national origin or economic status will be used in prioritizing job work orders. 2. Job work orders will be recorded in a log book according to commissioner district and prioritized by commissioner district according to date received. 3. Work on entrances will occur according to priority as the County Road Department is assigned to work in each commissioner district. **4. The fee for pipe will be the actual cost of the pipe. **4. A county entrance permit must be obtained by an applicant from the County Clerk. The fee will be $100.00 per 20 feet of entrance way. The funds generated will be deposited in general county revenues.


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5. Prior to establishing an entrance way on a State road, an approved State entrance way permit must be filed with the County Clerk. **6. The applicant must complete a county entrance way work request form. **7. Not more than one such access shall be provided for any property owner on contiguous property along any County road. **8. The owner or owners of the property shall proffer to the governing authority of the County the cost to the County of the pipe to be emplaced to create said access. **9. The owner or owners of the property shall proffer to the governing authority of the county a release permitting the County to provide the work and enter upon the private property as necessary to do so, and releasing the County from any liability for the design or emplacement of the work. **10. The applicant will agree to a liability release to Twiggs County releasing it and its agents and employees from liability. No signed, dated, or certified copy of this resolution has been found. Accordingly, it may not have been duly enacted. It is included here for reference purposes and to provide for the possibility that it is, in fact, a duly enacted resolution carrying legal effect. Editor’s Notes: *A dated copy of this resolution has not been found. This date appears in a 1996 codification. That document concluded with item 5 under “criteria,” and did not include either of the items numbered 4. See the following footnote. **Three versions of this resolution exist. Two are identical, except for the text of item number four. The third version includes the second version of item 4 which appears above, but concludes with item 6, leaving off items 7, 8, 9, and 10. The resolution as it appears here is a composite of the three known versions, excluding nothing, and including the above-described overlapping material. There are no conflicting provisions in the three versions except as indicated here. Cross References: § 625.101; § 625.102; § 625.103; § 625.202; § 625.301; § 505.101; Chapter 550; Chapter 650. Index Headings: Roads & Bridges; Taxation, Revenue & Finance.


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Section 625.202: A resolution relating to access to public roads from certain private properties.

WHEREAS, the Board of Commissioners has determined that citizens of the county from time to time require access to their private property from County roads; and

WHEREAS, such access requires the emplacement of pipe on the County

right-of-way; and WHEREAS, it is the determination of the members of the Board of

Commissioners that, for proper supervision and protection of the County right-of-way, it would be to the benefit of the County and its property to have the work to place such pipe and create the access over the County right-of-way, done by County employees under the supervision of the governing authority; and

WHEREAS, the Board of Commissioners considers the cost of the actual

pipe to be solely for the benefit of the citizen or citizens for whom access is created. THEREFORE, BE IT RESOLVED by the Board of Commissioners as

follows: The County shall perform the necessary work to emplace the pipe on the

County right-of-way necessary to create access from private property to County roads under the following conditions:

1. Not more than one such access shall be provided for any property owner

on contiguous property along any County road; and 2. The owner or owners of the property shall proffer to the governing

authority of the County the cost to the county of the pipe to be emplaced to create said access; and

3. The owner or owners of the property shall proffer to the governing

authority of the County a release permitting the County to provide the work and enter upon the private property as necessary to do so, and releasing the County from any liability for the design or emplacement of the work. No signed, dated, or certified copy of this document has been found.


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Cross References: § 625.101; § 625.102; § 625.103; § 625.201; § 625.301; § 505.101; Chapter 550; Chapter 650. Index Headings: Roads & Bridges.


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Section 625.250: A resolution relating to responsibilities for the developers of private roads.

WHEREAS, the Board of Commissioners of Twiggs County, Georgia, desires to establish the responsibilities that the developers of private roads in our county have to its citizens; WHEREAS, the Board of Commissioners is required to operate under a court order filed under civil action 81-347 and signed on 29 January 1983, whereby Twiggs County is prohibited from allowing county equipment and work crews to work on private property;

WHEREAS, all developers of private roads are hereby notified that Twiggs County will not be responsible for any failure of developers to maintain private roads to allow safe and effective ingress/egress of both private and public vehicles;

WHEREAS, All developers of private roads must bear the responsibility of

fixing known problems on their private roads; WHEREAS, all developers have the option of petitioning the local

government to adopt a private road built under the existing county specifications contained in Planning and Zoning Section 5.2, Minimum Design and Construction Standards for Subdivisions;1

NOW THEREFORE, BE IT RESOLVED THAT the governing authority

notify the public of this resolution’s implementation by the publishing of this resolution in the County’s Legal Organ for a period of two weeks and by Planning and Zoning furnishing a copy of this resolution to all known developers both future and current.

Adopted September 20, 2005. Editor’s Notes: 1. See § 660.750, subsection 5.2, pages 350-356 herein. Cross References: § 650.050; § 650.055; § 650.075; § 660.100. Index Headings: Boards & Commissions; Business Regulation; Planning & Zoning; Roads & Bridges.


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Section 625.301: A resolution establishing procedures for the temporary closing of public roads. WHEREAS, due to mining operations and other private and public activities within Twiggs County, requests are made to the Board of Commissioners of Twiggs County to temporarily close certain public roads; WHEREAS, the Board of Commissioners of Twiggs County recognize the unique problems that are caused by adjacent land owners, other citizens of Twiggs County and the governing authority of Twiggs County by temporarily closing public roads; WHEREAS, the Board of Commissioners of Twiggs County feel it is important to lessen and/or alleviate any financial responsibility placed upon Twiggs County or its citizens created by the associated problems from temporarily closing public roads; WHEREAS, there currently exists procedures for the temporary closing of public roads located within the boundaries of Twiggs County, Georgia; WHEREAS, the Board of Commissioners of Twiggs County (hereinafter “Board”) after discussion and review believe it to be in the best interests of the citizens of Twiggs County to update and modify the current procedures for the temporary closing of public roads in Twiggs County; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Twiggs County, and it is hereby resolved by authority of the same as follows: 1. That any and all resolutions or ordinances or parts thereof that have heretofore been established by the Board concerning the temporary closing of public roads are hereby repealed and shall have no further force and effect. Excluded from this paragraph are any rules or regulations that are required to be in effect by State or Federal Law. APPLICATION AND PUBLIC NOTIFICATION PROCEDURE 2. Any person or entity (hereinafter “Applicant”) who desires the temporary closing of any public road shall make a written application to the Board. All applications should be directed to the clerk of the Board. The Applicant will then


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be notified of the time and place that the application will be considered by the Board at a public hearing. 3. The application shall include the following information and documents to be considered by the Board. The Board reserves the right to request further information or documentation if it deems necessary: A) Name, Address and phone number of person or entity making the application. Please include contact person if entity is named as the applicant. B) A detailed description of the reason for the application including a detailed description of all work to be performed. C) The length of time the applicant is requesting the road to be closed. D) Provide a detailed description of the location of the road as it currently exists before its closure. Applicant shall include either aerial photographs, survey, tax assessors’ map, zoning map or other similar documents that accurately depict the exact location of the road. E) A measurement, in miles or portions thereof, of the distance of the road that the Applicant is requesting to be closed measured along the centerline of the road. 4. After the completed application has been received, the Clerk of the Board shall set a date, time and place that a public hearing will be held to consider the application. Citizens of Twiggs County will be allowed to express their support or concerns of the road closing at this meeting. The Clerk of the Board shall ensure that proper notice is given to the general public regarding the date, time and place of the meeting by placing a legal ad in the legal organ of the county in which notices of sheriff’s sales are published providing information about the meeting and the location of the road or part thereof that the Board is being requested to temporarily close. The announcement shall appear in the paper once a week for the two consecutive weeks immediately preceding the week of the public meeting. ROAD CLOSING PROCEDURE 5. These procedures are to be considered in addition to any state or federal rule or regulation addressing the temporary closing of public roads.


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6. The applicant at his/her/its expense shall provide an alternate route to the closed road that will allow travel from the beginning point of the road closure to the ending point of the closed portion of the road that does not exceed three times the distance in miles or portions thereof along the centerline of the portion of the closed road. By way of example, if the distance of the closed portion of the road is one (1) mile then the alternate route should allow travel from the beginning point of the closed portion of the road to the end of the closed portion that is no longer than three (3) miles in length. 7. The applicant at his/her/its expense shall provide access to the land of any adjoining land owners that that* lose access by way of any public road to their land due to the closing of the road. 8. After the temporary closure period expires the applicant at his/her/its sole expense must return the road to the same size, form, and shape and in the same location, based upon the documents submitted with the application, as the road existed before its closing. 9. The applicant must execute an indemnity/reimbursement agreement agreeing to reimburse, indemnify and hold harmless Twiggs County, the Board or any of its agents, employees or contractors from any expense of any kind including attorney’s fees or damage award that arise from the temporary road closing or the reopening of the road. Adopted as Resolution 2000-19, adopted December 29, 2000. Editor’s Notes: *Thus in the original. Cross References: § 625.101; § 625.102; § 625.103; § 625.201; § 625.202; § 505.101; Chapter 550; Chapter 650. Index Headings: Roads & Bridges.


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Section 625.401: A resolution relating to the posting of signs along interstate highway 16.

WHEREAS, the Twiggs County Board of Commissioners has determined that there is a need to eliminate illegal and non-conforming outdoor advertising signs visible from the Interstate Highway System; and,

WHEREAS, there are such signs posted along Interstate 16 in Twiggs County, Georgia, which are in violation of the Georgia Outdoor Advertising Law; and,

WHEREAS, the elimination of such illegal signs will create a need for the display of motorist informational signs which adequately inform motorists using the Interstate Highway System of the availability of gas, food, lodging, and camping services; and,

WHEREAS, the Georgia Department of Transportation has promulgated Rules and Regulations providing for the installation of such motorist informational sign within the right-of-way of the Interstate Highway System.

NOW, THEREFORE, be it hereby resolved that Twiggs County, Georgia adopt the following Ordinance entitled “Interstate Sign Regulation.”

(1) This ordinance shall apply to all outdoor advertising signs abutting or visible from the Interstate 16 right-of-way in Twiggs County, Georgia.

(2) No sign shall be erected or maintained unless it is in compliance with the regulations of this ordinance.

(3) Signs must be constructed of durable materials, maintained in good condition, and not permitted to become dilapidated.

(4) All signs located on sites abutting or visible from the Interstate 16 right-of-way shall conform with Georgia Code Annotated § 95A-916* (The Georgia Outdoor Advertising Code) and shall meet all federal and state requirements necessary to obtain a permit under said code. Instances where the sign controls of this ordinance are more strict these regulations shall apply.

(5) Any sign which advertises an activity, business, product or service which has ceased operation or production shall be removed within six months of the discontinuance of said activity.


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1. Prohibited Signs.

(1) Signs imitating warning signals are prohibited. No sign shall display lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles; nor shall any signs use the words, slogans, dimensional shape and size, or colors of the governmental traffic signs.

(2) No signs, except traffic signs and signals and informational signs erected by a public agency, are permitted within any street or highway right-of-way.

(3) Signs painted or attached to natural features (such as trees or rocks), telephone poles, utility poles, or fence posts are prohibited.

(4) Fluttering ribbons and banners are prohibited.

(5) Animation and running lights are prohibited.

(6) Signs within 300 feet of any officially designated historical site or monument, except signs pertaining to that particular site or monument are prohibited.

(7) All outdoor advertising signs which are not within 100 feet of a regularly used part of the activity being advertised and located on the same property and for sale or for lease signs which are not on the property being advertised are specifically prohibited.

3. Regulation for Specific Types of Signs.

(1) Home Occupation Signs. One non-illuminated professional or business nameplate not exceeding two square feet in area is permitted.

(2) Signs of Work Under Construction. One non-illuminated sign, not exceeding forty (40) square feet in area displaying the name of the building; the contractors; the architects; the engineers; the owners; and the financial, selling, and development agencies is permitted upon the premises of any work under construction, alteration, or removal. Such sign shall be removed from the site within thirty (30) days after the completion of the project.


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(3) Temporary Subdivision Signs. Temporary signs, not exceeding forty (40) square feet in area announcing a land subdivision development, are permitted on the premises of the land subdivision. Such signs shall be spaced not less than three hundred (300) feet apart. They shall be removed when seventy-five percent (75%) of the lots are conveyed. (4) Private Directional Signs. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder, or agent may be erected and maintained, provided:

(a) The size of any such sign is not in excess of six (6) square feet, and not in excess of four (4) feet in length; and,

(b) Not more than one (1) such sign is erected on each five hundred (500) feet of right-of-way frontage.

(5) Roof Signs. Not more than one (1) roof sign structure may be erected on the roof of any one (1) building. No roof sign structure shall extend more than twenty-five (25) feet above the elevation of the roof.

(6) Wall Signs. Signs on the walls of a building (including signs attached flat against the wall, painted wall signs, and projecting signs) shall meet the following requirements:

(a) Signs on the Front Surface of a Building. The total area of signs on the exterior front surface of a building shall not exceed twenty-five percent (25%) of the front surface of the building.

(b) Signs on the Side and Rear Surface of a Building. The total area of signs on a side or rear surface of building shall not exceed fifty percent (50%) of the exterior side or rear surface of the building, respectively.

(c) Projecting Signs. Wall signs attached flat against a wall may extend not more than twenty-four (24) inches from the wall.

(7) Illuminated Signs. Illumination devices shall be so placed and so shielded that light from the sign itself will not be directly cast into any residential district, sleeping rooms in any district or the eyes of an automobile or vehicular driver.


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(8) Any legally erected sign which would become non-conforming as a result of this ordinance would be allowed to remain until purchased by the Department of Transportation or the County, provided that the sign owner meets the requirements of State Laws and Rules and Regulations governing such signs.

So ordained this the 20th day of February 1981. Adopted February 20, 1981. Statutory References: See editor’s notes. Editor’s Notes: *The Georgia Outdoor Advertising Law is now found at 32-6-70 et seq. Cross References: § 505.101; Chapter 400. Index Headings: Roads & Bridges.


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Section 650.050: An ordinance relating to the subdivision of land for the purpose of housing development.

The purpose of this ordinance is to preclude the subdivision of existing tracts for the construction of housing or for sale as housing lots without prior approval of the Twiggs County Board of Commissioners.

1. Restriction on Deed Transfer: On any transfer of real property, the transfer deed shall declare on its face a

restriction for sale as housing lots unless such subdivision has been approved by the Twiggs County Board of Commissioners. The transfer deed shall be filed with the- Clerk of the Superior Court, Twiggs County.

2. Subdivision of existing tracts: Prior to transfer of any parcel within Twiggs County but exclusive of the city

limits of Jeffersonville which constitutes a partition of an existing tract, the transferor will submit to the Twiggs County Board of Commissioners a plan for the subdivision of the tract, showing the boundaries of each parcel in the subdivision of the tract.

3. Filing with Clerk of Superior Court: The Clerk of the Superior Court of Twiggs County shall not accept for filing

in the records of the Clerk of Twiggs County any deed which violates the provisions of this ordinance.

4. Effectivity:

This ordinance shall become effective on the 4* day of 1983.

Adopted October 4, 1983. Editor’s Notes: *Thus in the original. Cross References: § 205.200; § 253.100; § 253.200; § 650.055; § 650.075; § 650.100; § 660.310; § 660.311; § 660.315; § 650.330; § 650.410; § 650.415. Index Headings: Planning & Zoning.


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Section 650.055: An ordinance relating to the minimum lot size for residential development.

Whereas, the Twiggs County Board of Commissioners, finds that it has the authority under the provisions of Chapter 66 of Title 36 of the Official Code of Georgia to exercise zoning power within the territorial boundaries of Twiggs County, and,

Whereas, the state of Georgia looks to the various counties to develop plans for the growth of the counties and to ensure that there are adequate conditions to protect the living conditions of the citizens of the various counties and,

Whereas, the Board of Twiggs Commissioners find that it is to the advantage of the citizens of Twiggs County to provide for regulation of the size of residential lots within Twiggs County,

NOW THEREFORE, the Twiggs County Board of Commissioners after motion, second, and the Majority vote of the members of the Board at its meeting the 5th day of March 1991 adopts the following:

(1) The minimum size for any residential lot within Twiggs County shall be one acre of land.

(2) Definitions.

(a) A Lot shall be defined as any property upon which a residence of any type shall be constructed.

(b) A residence is any facility in which an individual or individuals live or maintain a home.

(c) A residence shall include mobile homes, manufacturer built homes, and site built homes and apartment complexes.

(3) Penalties. In addition to specific enforcement to remove residences not complying with the provisions of this ordinance the owners of the property upon which a residence is allowed to exist which is not in conformity with this ordinance shall by subject to a Five Hundred Dollar fine for each day of noncompliance.

(4) This ordinance shall be Prospective only it shall not apply to existing

structures and developed and plated mobile home parks.


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Adopted March 5, 1991. Statutory References: Chapter 66, Title 36. Editor’s Notes: Note this ordinance may be superceded by the comprehensive land development ordinance, codified here as § 675.100. Cross References: § 205.200; § 253.100; § 253.200; Title V; § 650.050; § 650.075; § 650.100; § 660.310; § 660.311; § 660.315; § 650.330; § 650.410; § 650.415. Index Headings: Offenses & Penalties; Planning & Zoning; Taxation, Revenue & Finance.


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Section 650.075: An ordinance relating to planning and zoning.

Be it ordained, and it is hereby ordained by the Board of Commissioners of Twiggs County, Georgia:

1. Short Title. This ordinance shall be known and may be cited as the “Land Use Public Hearing Policies and Procedures Ordinance of Twiggs County” (hereinafter referred to as this “Ordinance”).

2. Intent. As the governing body of Twiggs County (the “County”), it is the intention of the Board of Commissioners of Twiggs County (the “Governing Body”) to adopt an ordinance enacting uniform policies and procedures to govern the calling and conducting of public hearings relating to the County’s various land use ordinances which are not existing or which may be hereafter enacted, including without limitation, those hearings required by the Georgia Zoning Procedures Law.*

3. The following terms when used in this Ordinance with the first letter capitalized shall have the meanings given in this Article:

3.01. Land Use Ordinance. The Twiggs County Official Zoning Ordinance and Subdivision Regulations, as duly adopted or hereafter amended and any other County zoning or land use ordinance which may be its terms provide that this Ordinance shall be applicable thereto.

3.02. Person. An individual, firm, partnership, corporation, company, association, institution, public official or public body including any trustee, assignee or other representative and including, without limitation, the Governing Body and any Planning Commission created under zoning or land use ordinances.

3.03. Planning Commission. The Twiggs County Planning Commission.

3.04. Presiding Officer. The Chairman of the Twiggs County Board of Commissioners or the Chairman of any Twiggs County Planning Commission created under zoning or land use ordinances.

3.05. Property Owner. The person or persons who own property being considered under any zoning or land use ordinance.


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3.06. Zoning Administrative Officer. The Administrative Officer of any Planning Commission created under zoning or land use ordinances or his designated representative. 3.07. Zoning Ordinance. Any ordinance or resolution of the County, whether now existing or hereafter enacted, which falls within the definition of “Zoning Ordinance” provided by the Zoning Procedures Law (O.C.G.A. § 36-66-3(5)) or any successor provision thereto, including without limitation, any Twiggs County zoning ordinance and subdivision regulations duly adopted and amended or restated from time to time.

3.08. Zoning Procedures Law. The State of Georgia Zoning Procedures Law, Official Code of Georgia Annotated Title 36, Chapter 66, enacted by Georgia Laws 1985, page 1139, as amended from time to time.

4. Applicability.

These policies and procedures shall apply to all hearings of either the Planning Commission or the Governing Body relating to any of the following:

4.01. The adoption of any Land Use Ordinance;

4.02. The adoption of any amendment to or restatement of any Land Use Ordinance which changes the text of the ordinance;

4.03. The adoption of any amendment to any zoning or land use ordinance which zones or rezones property from one zoning classification to another;

4.04. The issuance of any conditional use permit under any zoning or land use ordinance;

4.05. The grant of any variance under any zoning or land use ordinance;

4.06. The adoption of any amendment to or restatement of this ordinance;

4.07. Any other action requiring a public hearing pursuant to the Zoning Procedures Law.

5. Planning Commission Recommendation.


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After holding its public hearing, completing its studies of the particular application, and making its decision, any Planning Commission shall submit its recommendation in writing to the Governing Body. Any Planning Commission may utilize and adopt such procedures as it deems appropriate for the conduction of such public hearings provided that all interested persons are afforded the same opportunities to be heard as provided in these procedures and all requirements of any Twiggs County zoning or land use ordinance and subdivision regulations and Article 4 are met. Any Planning Commission may submit any additional report it deems appropriate. Unless otherwise provided by the applicable zoning or land use ordinance, the recommendation of any Planning Commission shall have an advisory effect only and shall not be binding on the Governing Body. Copies of any Planning Commission’s recommendation and reports shall be made available to the applicant and other interested parties upon completion and distribution to the Governing Body and, when available, at the public hearing before the Governing Body.

6. Conduct of Public Hearings.

All public hearings held by either any Planning Commission or the Governing Body to which this Ordinance applies shall be held in accordance with the following procedures:

6.01. The presiding officer shall open the public hearing by stating the matter being considered at the hearing. At this time, the presiding officer may summarize the public hearing procedures.

6.02. The Zoning Administrative Officer, if established, or the property owner if not, will present a description of the proposal, any applicable background material, and any recommendations and reports of any Planning Commission, as appropriate.

6.03. Persons who support the proposal will be asked to comment first. The person initiating the proposal or his designated agent (the “Proponent”) may, upon recognition and upon statement of name, address and relationship to the matter present and explain the proposal. The Proponent shall be required to attend the public hearing unless written notice of hardship is received prior to the hearing. Failure of the Proponent to attend the public hearing, except in cases of hardship, may be due cause for dismissal or denial of such application. After completion of the presentation of the Proponent, other persons who support the proposal will be asked to comment, and will be allowed to speak in support of the proposal upon


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recognition and upon identification of the person’s name, address, and relationship to the matter.

6.04. Persons who oppose the proposal will next be asked to comment. All interested persons, after being recognized, and providing their names, addresses, and relationship to the matter, shall be afforded an opportunity to address the proposal. 6.05. The Proponent shall have an opportunity for summary remarks and rebuttal concerning the proposal application.

6.06. The presiding officer, in his discretion, may impose time limitations on comments of each person, and may require that each person (other than any County official or his agent), who desires to speak, sign in at the beginning of the meeting and indicate whether such person will be speaking for or against the proposal.

6.09. All public comments having been heard, the members of the body considering the application may discuss the matter among themselves. During this discussion period, the members of the body may call on the Proponent or other persons to clarify points made previously, to answer questions or to provide additional information. Such persons may respond upon recognition.

6.10. Public hearings may be delayed, rescheduled, or continued to another time and date, provided announcement is given at the time and place of the public hearing, which announcement shall constitute public notice for the hearing. Upon conclusion of the hearing, the presiding officer shall adjourn the hearing.

6.11. The presiding officer or the applicant may require that any public hearing be transcribed by a court reporter provided that such person has made arrangements with the court reporter to have the court reporter attend and transcribe the hearing. A copy of any transcription of such meeting shall be placed in the records concerning the proposal. All costs of any court reporter shall be borne by the applicant, unless such court reporter is ordered by the presiding officer.

6.12. When the Proponent is any Planning Commission or the Governing Body, the Zoning Administrative Officer or other designated individual will make a short summary of the intended action. Then, persons who generally support the proposal will be called on to comment first and then those opposed will be called on for comment. The presiding officer may designate a representative of opponents or supporters to make a closing argument after evidence and comment has been


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received. The presiding officer may limit such “closing” to reasonable times under the various circumstances. 7. Severability: Should any article, section, or provision of this Ordinance be declared invalid by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid.

8. Public Availability.

Printed copies of this Ordinance shall be available for distribution to the general public.

9. Repealer.

This Ordinance shall supersede all portions of any ordinances or resolutions which are in conflict herewith. Nothing in this Ordinance shall serve to repeal any other part of any Twiggs County zoning or land use ordinance or subdivision regulations as existing, duly adopted or amended now or in the future, and all such zoning or land use ordinances are herein restated and adopted in their entirety as previously adopted.

10. Effective Date.

This Ordinance shall become effective immediately upon its adoption.

Adopted August 18, 1992. Statutory References: 36-66-3(5). Editor’s Notes: This section may have been superceded, in whole or in part, by the Comprehensive Land Development Ordinance, codified herein as § 650.100, and by § 205.200. *The Georgia Zoning Procedures Law is found at 36-66-1 et seq. Cross References: § 253.100; § 253.200; Title V; § 650.050; § 650.055; § 650.099; § 650.100; § 650.101; § 650.102; § 650.330; § 650.410; § 650.415; § 660.310; § 660.311;§ 660.315.


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Index Headings: Planning & Zoning.


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Section 650.100: An ordinance relating to land development in the unincorporated area of the county. WHEREAS, the Board of Commissioners of Twiggs County has properly advertised for the adoption of a new and revised land development ordinance for the unincorporated area of Twiggs County, Georgia; and WHEREAS, the Board of Commissioners of Twiggs County at a public hearing held on Thursday, July 19, 2001, adopted policies and procedures and standards for hearings related to zoning decisions and;

WHEREAS, a public hearing was held on Thursday, July 19, 2001, for the citizens of Twiggs County, Georgia, to express favor or opposition to the adoption of a new and revised land development ordinance for the unincorporated area of Twiggs County, Georgia; and

WHEREAS, the Board of Commissioners of Twiggs County has considered

the statements presented in favor of and in opposition to the new and revised land development ordinance for the unincorporated area of Twiggs County, Georgia; and

WHEREAS, by this ordinance, it is the intention of the Board of

Commissioners of Twiggs County, Georgia, to adopt a new and revised land development ordinance for the unincorporated area of Twiggs County, Georgia;

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners

of Twiggs County, Georgia, and IT IS HEREBY ORDAINED by the authority of the same that the attached land development ordinance for the unincorporated area of Twiggs County, Georgia, is hereby adopted. All other ordinances conflicting with this ordinance are hereby repealed.

Table of Contents Chapter 1 PURPOSE, ENACTMENT AND TITLE 353 Section 1.1 Title and Objectives 353

Section 1.2 Legislative Authority 354 Section 1.3 Method of Regulation 354 Section 1.4 Jurisdiction 354 Section 1.5 Short Title 355


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Chapter 2 DEFINITIONS 355

Section 2.1 Intent 355 Section 2.2 Rules for Interpretation

of Certain Terms or Words 355 Section 2.3 Definitions 356

Chapter 3 ESTABLISHMENT OF DISTRICTS 372 Section 3.1 Intent 372 Section 3.2 Division of County into Districts 372 Section 3.3 Official Zoning Map 373 Section 3.4 Overlay District Maps 373 Section 3.5 Map Amendments 374 Section 3.6 District Boundaries 374 Chapter 4 GENERAL PROVISIONS 375 Section 4.1 Intent 375 Section 4.2 General 375 Section 4.3 Permits for Use of Land or Structure 376 Section 4.4 Lot Requirements 376 Section 4.5 Height Requirements 377 Section 4.6 Minimum Distance Between Buildings 384 Section 4.7 Accessory and Temporary Buildings 384 Section 4.8 Yards and Other Spaces 385 Section 4.9 Buffers, Screening and Transition Areas 385

Section 4.10 Fence and Walls in R-AG Agricultural, R-1 Single Family, R-2 Multi-Family and Manufactured Housing Residential Districts 386 Section 4.11 Above Ground Storage Tank 386 Section 4.12 Outdoor Lighting 387

Chapter 5 R-AG AGRICULTURAL RESIDENTIAL DISTRICT 387 Section 5.1 Purpose and Intent 387 Section 5.2 Permitted Uses 387 Section 5.3 Conditional Uses Subject to Approval of the Board of Commissioners 389 Section 5.4 Lot and Area Requirements 391


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Section 5.5 Yard Requirements (building setback distance) 391 Section 5.6 Building Height Requirements 392 Section 5.7 Off-Street Parking & Loading Space Requirements 392

Section 5.8 Signs 392 Chapter 6 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT 392 Section 6.1 Purpose and Intent 392 Section 6.2 Permitted Uses 393 Section 6.3 Conditional Uses Subject to Approval by the

Board of Commissioners 393 Section 6.4 Lot and Area Requirements 394 Section 6.5 Yard Requirements (building setback distance) 395 Section 6.6 Building Height Requirements 395 Section 6.7 Off-Street Parking & Loading Space Requirements 396 Section 6.8 Signs 396 Chapter 7 R-2 MULTI-FAMILY RESIDENTIAL DISTRICT 396 Section 7.1 Purpose and Intent 396 Section 7.2 Permitted Uses 396 Section 7.3 Conditional Uses Subject to Approval of the

Board of Commissioners 396 Section 7.4 Lot and Area Requirements 396 Section 7.5 Yard Requirements (building setback distance) 397 Section 7.6 Building Height Requirements 397

Section 7.7 Off-Street Parking & Loading Space Requirements 398 Section 7.8 Signs 398 Chapter 8 R-MH MANUFACTURED HOME

RESIDENTIAL DISTRICT 398 Section 8.1 Purpose and Intent 398 Section 8.2 Permitted Uses 398 Section 8.3 Conditional Uses Subject to Approval of the


Section 8.7 Off-Street Parking & Loading Space Requirements 400


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Section 8.8 Signs 400 Chapter 9 C-1 NEIGHBORHOOD SERVICE COMMERCIAL 401 Section 9.1 Purpose and Intent 401 Section 9.2 Permitted Uses 401 Section 9.3 Conditional Uses Approved by the Board Of Commissioners 402 Section 9.4 Lot and Area Requirements 402 Section 9.5 Yard Requirements (building setback distance) 402 Section 9.6 Building Height Requirements 403

Section 9.7 Off-Street Parking & Loading Space Requirements 403 Section 9.8 Signs 403 Chapter 10 C-2 GENERAL BUSINESS DISTRICT 403 Section 10.1 Purpose and Intent 403

Section 10.2 Permitted Uses 403 Section 10.3 Conditional Uses Approved by the Board of Commissioners 404 Section 10.4 Lot and Area Requirements 406 Section 10.5 Yard Requirements (building setback distance) 406 Section 10.6 Building Height Requirements 407

Section 10.7 Off-Street Parking & Loading Space Requirements 407 Section 10.8 Signs 407 Chapter 11 I-G GENERAL INDUSTRIAL DISTRICT 407 Section 11.1 Purpose and Intent 407

Section 11.2 Permitted Uses 408 Section 11.3 Conditional Uses Subject to Approval of the


Section 11.7 Off-Street Parking & Loading Space Requirements 412 Section 11.8 Signs 412 Chapter 12 PUD PLANNED UNIT DEVELOPMENT DISTRICT 412


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Section 12.1 Purpose and Intent 412 Section 12.2 Eligibility Requirements for

Planned Development Districts 413 Section 12.3 Submission Requirements 413 Section 12.4 Requirements for Site Plan 414 Section 12.5 Binding Nature of Rezoning to Planned

Development District 415 Chapter 13 BE BASE ENVIRONS OVERLAY DISTRICT 416 Section 13.1 Purpose and Intent 416

Section 13.2 Definitions 416 Section 13.3 Sub-districts 417 Section 13.4 Application of these Regulations 418 Section 13.5 Exemptions 418

Section 13.6 Development Standards 419 Section 13.7 Notice to Purchasers 420

Section 13.8 Plat Notice 420 Section 13.9 Development Review 421 Section 13.10 Preliminary Plan Requirements 421 Section 13.11 Development Review Criteria 422 Section 13.12 Variances 423 Table 13-A Land Use Compatibility Standards in

Base Environs (BE) Zoning District 423 Chapter 14 FPM FLOOD PLAIN DAMAGE PREVENTION

OVERLAY DISTRICT 425 Section 14.1 Statutory Authorization, Findings of Fact,

Purpose and Objectives 425 Section 14.2 General Provisions 427 Section 14.3 Administration 429

Section 14.4 Provisions for Flood Hazard Reduction 431 Section 14.5 Variance Procedures 437 Section 14.6 Definitions 439

Section 14.7 Severability 445

Chapter 15 ENVIRONMENTAL OVERLAY DISTRICTS AND REGULATIONS 445


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Section 15.1 Purpose and Intent of Chapter 445 Section 15.2 RP River Corridor Protection 445 Section 15.3 WP Wetland Protection 452

Section 15.4 GP Protection of Groundwater Recharge Areas 455 Chapter 16 DETERMINATION OF UNCLASSIFIED USES 458 Section 16.1 Request for Determination of Unclassified Use 458

Section 16.2 Review of Request Resulting in Permitted Use Determination 459

Section 16.3 Review of Request Resulting in Conditional Use Determination 459

Chapter 17 OFF-STREET AUTOMOBILE PARKING AND LOADING REQUIREMENTS 459

Section 17.1 General Requirements 459

Section 17.2 Parking Space Requirements for all Districts 460 Section 17.3 General Requirements for Parking Lots 461

Section 17.4 Off-Street Loading and Unloading Space 462 Chapter 18 SPECIAL REQUIREMENTS 463 Section 18.1 Control of Curb Cuts and Vision Clearance 463

Section 18.2 Storage and Parking of Trailers and Commercial Vehicles 463

Section 18.3 Manufactured Home Community 464 Section 18.4 Manufactured Homes Located in

R-Ag Agricultural And R-MH Manufactured Home Districts Shall Comply with the Following Conditions 466

Section 18.5 Manufactured Homes Located in R-1 Single Family Residential and R-2 Multi- Family Residential Districts Shall Comply with the Following Conditions 467

Section 18.6 Commercial Feedlots 468 Section 18.7 Communication Towers 473 Section 18.8 Functional Classification of Streets and Highways 477 Section 18.9 Race Tracks 478 Section 18.10 Cemeteries 479


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Section 18.11 Inoperable Vehicles 482 Section 18.12 Two Dwellings on a Single Lot 483 Section 18.13 Approval by Georgia Department

of Transportation 483 Section 18.14 Developments of Regional Impact Review 483 Section 18.15 Performance Standards for Environmentally Sensitive Uses or Activities 484 Chapter 19 NON-CONFORMING USES AND

BUILDING STRUCTURE 485 Section 19.1 General Provisions 485

Section 19.2 Alteration of Non-Conforming Use or Structure Approved by the Board of Commissioners 485 Section 19.3 Applications for Alteration of Non-Conforming

Use Or Structure 486 Section 19.4 Right of Board of Commissioners to Impose

Conditions 487 Chapter 20 SIGN REGULATIONS 487 Section 20.1 General 487

Section 20.2 Construction and Maintenance 487 Section 20.3 Supplemental Definitions 487

Section 20.4 Prohibited Signs 489 Section 20.5 Signs In the Public Right-of-Way 490 Section 20.6 Signs as Permitted Uses 490

Section 20.7 Signs as Conditional Uses 491 Section 20.8 Special Requirements for Billboards 492 Section 20.9 Special Requirements for Projection/Canopy Signs 493

Section 20.10 Special Requirements for Reader Boards 494 Section 20.11 Special Requirements for Wall Signs 494

Section 20.12 Maximum Height of Sign 494 Section 20.13 Special Requirements for Illuminated Sign 495

Section 20.14 Signs Allowed Without Zoning Permit 495 Section 20.15 Maintenance and Removal of Signs 496

Chapter 21 PROCEDURES FOR SUDIVISION

PLAT APPROVAL 496


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Section 21.1 Platting Authority 496 Section 21.2 Pre-Application Review 497 Section 21.3 Procedure for Preliminary Plat Approval 498

Section 21.4 Preliminary Plat Specifications 499 Section 21.5 Final Plat Procedure 502 Section 21.6 Final Plat Specifications 503

Section 21.7 Recording of Final Plat 507 Chapter 22 GENERAL PRINCIPALS OF

SUBDIVISION DESIGN 507 Section 22.1 Suitability of Land 507

Section 22.2 Access 507 Section 22.3 Conformance to the Comprehensive Plan 507

Section 22.4 Zoning and Other Regulations 508 Section 22.5 Modifications 508 Section 22.6 Name of Subdivision 508

Section 22.7 Streets Design Standards 509 Section 22.8 Blocks 512

Section 22.9 Lots 513 Section 22.10 Requirements for Flag Lots 514

Section 22.11 Planned Development Districts 515 Section 22.12 Minimum Design and Construction Standards For Subdivisions 515 Section 22.13 Georgia Department of Transportation Approval 515

Chapter 23 ADMINISTRATION OF ORDINANCE 515 Section 23.1 Designation of Administrative Official 515

Section 23.2 General Policy Goals 515 Section 23.3 Powers and Duties of the Board of Commissioners 516

Section 23.4 Creation of Planning Commission 517 Section 23.5 Powers and Duties of the

Zoning Enforcement Officer 519 Section 23.6 Application for Permitted Use 520

Section 23.7 Application for Conditional Use 521 Section 23.8 Application for Variance to

the Terms of this Ordinance 523 Section 23.9 Financial Guarantee 524 Section 23.10 Appeals of Administrative Decisions or Acts 524


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Section 20.11 Appeals from Decisions by Board of County Commissioners 525 Section 20.12 Suspension or Revocation of a Zoning Permit 525

Section 20.13 Fees 525 Chapter 24 PROCEDURES FOR AMENDMENTS

AND CONDITIONS USES 526 Section 24.1 Procedures for Map and Text Amendments 526

Section 24.2 Procedures for Conditional Uses 529 Section 24.3 Zoning Standards for Text and Map Amendments And Conditional Uses 531

Section 24.4 Procedures for Public Hearing 532 Section 24.5 Public Notification for Amendments and Conditional Uses 534 Chapter 25 ENFORCEMENT, VIOLATIONS AND PENALTIES 535 Section 25.1 Enforcement 535

Section 25.2 Penalties 535 Chapter 26 LEGAL STATUS PROVISIONS 535 Section 26.1 Validity 535

Section 26.2 Effective Date 536 Section 26.3 Repeal of Conflicting Ordinances, Approval

and Actions 536 Section 26.4 Conflict with Other Laws 536

CHAPTER 1 PURPOSE, ENACTMENT AND TITLE

SECTION 1.1. Title And Objectives. This Ordinance shall be known as the “Land Development Ordinance for Twiggs County, Georgia,” for the purpose of setting forth standards and permissible uses designed to conserve and protect the natural, economic and scenic resources of Twiggs County; to secure safety from fire, panic and other dangers; to promote health, aesthetics, morals, convenience, order, prosperity and general welfare; to


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provide adequate light and air; to prevent the overcrowding of land; to promote desirable living conditions and stability of neighborhoods; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements by dividing the unincorporated area of Twiggs County into districts of such size and shapes as may be best suited to carry out the purposes of the legislative act and of this Ordinance. This Ordinance shall be known and may be cited as “The Land Development Ordinance for Twiggs County, Georgia.”

SECTION 1.2. Legislative Authority. Counties of the State of Georgia are authorized by the 1983 Georgia State Constitution, Article 9, Section 2, Paragraph 4, and Chapter 66 of Title 36 of the Official Code of Georgia Annotated, to exercise the powers of zoning; and it is hereby determined by the Board of Commissioners of Twiggs County, Georgia that it is necessary and desirable to adopt these regulations under the authority of the above-cited constitutional and statutory provisions.

SECTION 1.3. Method of Regulation.

Now therefore be it ordained that the Board of Commissioners of Twiggs County, Georgia, as authorized by the Constitution of the State of Georgia, does hereby create a Planning Commission known as the Twiggs County Planning Commission; to define and limit the powers and duties of said Commission and does hereby adopt Land Development Regulations for the following purposes: to define certain words used therein; to create zone boundaries; to regulate the location of trades, professions, businesses, and industries; to regulate the density in distribution of population; to provide for the gradual elimination of nonconforming uses of land, buildings and structures; to regulate the subdivision of land; to provide for the method of administration, amendment and enforcement; to provide for the imposition of penalties for violations; to repeal conflicting Ordinances and Resolutions; and for other purposes.

SECTION 1.4. Jurisdiction. This Land Development Ordinance shall govern the use of all land and development within the unincorporated limits of Twiggs County, Georgia and within the limits of any inactive municipality in accordance with O.C.G.A. §36-70-5.


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SECTION 1.5. Short Title.

This Ordinance shall be known, referred to, and cited as “The Land Development Ordinance for Twiggs County.”

CHAPTER 2

DEFINITIONS

SECTION 2.1. Intent. The purpose of this Chapter is to define the terms used in this Ordinance. Except as specifically provided in Sections 2.2 and 2.3 or in sections containing supplementary definitions elsewhere in this Ordinance, all words shall have the customary dictionary meaning.

SECTION 2.2. Rules For Interpretation Of Certain Terms Or Words.

When used in this Ordinance, the following words and phrases shall be interpreted in accordance with the following rules: 2.2.1. Words used in the present tense include the future tense. Words used in the

singular include the plural, and words used in the plural include the singular.

2.2.2. The words “shall,” “must,” and “will” are always mandatory and not merely directory.

2.2.3. The word “may” is permissive.

2.2.4. The word “lot” includes the word “plot” or “parcel.” 2.2.5. The word “structure” includes the word “building.”

2.2.6. The word “person” includes a firm, association, organization, partnership,

trust, company or corporation as well as an individual.

2.2.7. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended,” “arranged,” or “designed to be used or occupied.”


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2.2.8. The word “map”, “zoning map”, or “Twiggs Zoning Map” shall mean the

Official Zoning Map of Twiggs County, Georgia, and may include a series of maps in sections.

2.2.9. The term “erected” shall be deemed also to include “constructed,”

“reconstructed,” “altered,” or “moved.” 2.2.10. The terms “land use” and “use of land” shall be deemed also to include

“building use” and “use of buildings.”

2.2.11. The term “Planning Commission” refers to the Planning Commission of Twiggs County, Georgia.

2.2.12. The term “Zoning Enforcement Officer” refers to the person subsequently

and specially designated by the Twiggs County Board of Commissioners and so employed as the Zoning Enforcement Officer for Twiggs County, or authorized representative of that office.

2.2.13. The term “County Clerk” refers to the County Administrator/Clerk of

Twiggs County, Georgia, or authorized representative of that office.

2.2.14. The terms “Board,” “County Commission,” or “Board of Commissioners” refer to the legally constituted and elected governing authority of Twiggs County, Georgia.

SECTION 2.3. Definitions. For the purpose of this Ordinance, certain words or terms used herein are defined as follows: 2.3.1. “Accessory Building, Structure or Use”: A subordinate building or use

customarily incidental to and located on the same lot with the main building or use, such as a garage, workshop and the like.

2.3.2. “Agriculture or Agricultural”: The bona fide use of a parcel of land for the

cultivation of land, raising of poultry and livestock or similar agrarian activity for gain or profit and the related buildings, structures, and appurtenances necessary to carry out the aforementioned activities.


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2.3.3. “Air Field”: Any area of land or water used for the landing or taking off

aircraft. 2.3.4. “Airport”: Any area of land or water used for the landing or taking off aircraft

and used or to be utilized in the public interest for such purposes. An airport shall include all runways, terminal buildings, hangers, and related facilities located on the airport premises.

2.3.5. “Apartment Building”: A multi-family dwelling located on a parcel of land

under a single ownership containing three or more independent housekeeping units having cooking facilities.

2.3.6. “Automobile Sales Lot”: An open premises arranged, designed, or

used for storage and display for sale of any motor vehicle or any type of trailer.

2.3.7. “Automobile Service Station”: Any area of land, including buildings and other

structures thereon, that is used to dispense motor vehicle fuels, oils, and accessories at retail, and where repair service is incidental and no storage or parking space is offered for rent.

2.3.8. “Biomedical Waste Facility”: Means any facility or location where the final

disposition of any amount of biomedical waste (as that term is defined in O.C.G.A. §12-6-22, as amended) occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Resource Conservation and Recovery Act of 1976, as amended,1 and includes, but is not limited to, biomedical waste landfills and biomedical waste thermal treatment technology facilities.

2.3.9. “Board House”: A building other than a hotel/motel in which lodging and

meals are furnished for consideration for three (3) or more, but not exceeding twelve (12) guests. Such dwelling shall contain no more than five (5) guest rooms.

2.3.10. “Buffer”: That portion of a lot or parcel of land set aside for open space and/or visual screening purposes, pursuant to applicable provisions of this Ordinance, to separate different use districts, or to separate uses on one property from uses on another property of the same use district or a different


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use district. Such buffer area either may be a natural buffer or a landscape buffer.

2.3.11. “Building”: Any structure, either temporary or permanent, above or below ground, having a roof or other covering and designed, built, or used as a shelter or enclosure for persons, animals, or property of any kind including tents or awnings used for purposes of a building.

2.3.12. “Building Line”: A line beyond which the foundation wall and any roofed

porch, vestibule, or other such portion of a building shall not project. 2.3.13. “Building, Principal”: A building in which is conducted the principal use of

the lot on which the structure is situated. 2.3.14. “Care Home”: A rest home, nursing home, convalescent home, home for

the aged or similar use established and operated on a profit or non-profit basis to provide lodging and/or meals and domiciliary care for the aged, infirm, chronically ill or convalescent persons. The term “care home” shall include the term “extended care facility” as defined by Georgia Law. Such facility shall be licensed pursuant to O.C.G.A. §31-7-12 where appropriate.

2.3.15. “Caretaker or Employee Residence”: An accessory residence (including

manufactured homes) placed on an occupied tract for use by a bona fide caretaker, employee or the owner himself.

2.3.16. “Church, Club or Lodge”: Building in which organized religious, fraternal,

recreational, social or educational meetings are conducted on a regular non-profit basis. Fraternal organizations must show that they have received recognition and sanction from a parent group or organization. A private club must show that its membership is limited by either: (a) the use and operation of an amateur athletic facility including but not limited to golf courses, tennis courts, shooting ranges or swimming pools; or (b) condominium, apartment project or other residential development.

2.3.17. “Comprehensive plan (master plan)”: The various maps, plats, charts, and

descriptive and explanatory material and all textual matter approved by the Twiggs County Board of Commissioners for the purpose of guiding and shaping the growth of the unincorporated area of Twiggs County.


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2.3.18. “Conditional Use”: A use, which is not permitted inherently but which may be permitted with a zoning district subject to approval by the Board of Commissioners.

2.3.19. “Condominiums”: A building or complex of multiple-unit dwellings in

which a tenant holds full title to his unit and joint ownership in the common grounds.

2.3.20. “Convenience Food Store”: Convenience stores are retail commercial

buildings, under seven thousand five hundred (7,500) square feet, which have relatively high traffic generation, compared to other commercial uses. A use is designated as a convenience store if the method of operation includes one (1) or more of the following characteristics:

2.3.20.1. Retail gasoline is sold.

2.3.20.2. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food and drink sold, at least twenty (20) percent is in disposable carry out containers, or edible containers.

2.3.20.3. Car washing facilities, self-service and/or automated as an accessory use.

2.3.20.4. To the extent that the sale of alcoholic beverages may be permitted by law, consumption of such beverage on the premises is prohibited.

2.3.21. “Day Care center”: An establishment which provides care and education for

six (6) or more children, which is open for the major portion of the day or night and in which meals are served.

2.3.22. “District” (or “Zoning District”): A section of Twiggs County, designated in

this Ordinance and delineated on the Official Zoning District Maps for Twiggs County, in which requirements for the use of land and building and development standards are presented with all such requirements being uniform in each district.

2.3.23. “Drive-in”: A retail or service enterprise wherein service may be provided to

the consumer on the inside of the principal building or to the consumer while in his or her motor vehicle through an exterior wall of the principal building.


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The term “drive-in” includes drive-in restaurants and dairy bars, theaters, banks, laundries, food stores and/or car washes.

2.3.24. “Dwelling”: Any site build (building constructed in conventional manner)

building, industrial dwelling (modular home) or portion thereof which is designed for or used for residential purposes. The term “dwelling,” as used in these regulations, is not to the construed to include manufactured homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of portable or temporary worker housing.

2.3.25. “Dwelling, Multifamily”: A building consisting of three (3) or more dwelling

units. 2.3.26. Dwelling, Two-Family (Duplex)”: A building consisting of two (2) dwelling

units. 2.3.27. “Dwelling, Single-Family”: A building consisting of one (1) dwelling unit. 2.3.28. “Dwelling Unit”: One (1) or more rooms in a residential building or

residential portion of a structure which is arranged, designed, used or intended for use as a complete independent living facility for one family, and which permanent provisions are provided for living, sleeping, eating, cooking and sanitation.

2.3.29. “Easement”: A grant to a person or to the public by a property owner or a

strip of his land for road right-of-way or other specified purpose. 2.3.30. “Equestrian Center”: A tract of land on which more than four adult horses

are kept for the purpose of training, boarding, sale or breeding or where instruction pertaining to the same is given for a fee. For the purposes of this Land Development Ordinance, this term also includes facilities for riding trails and rings, shows, competitive equestrian events and riding lessons.

2.3.31. Family: A family is defined as: 2.3.31.1. One (1) person or two (2) or more persons related by blood or marriage, with no more than two (2) roomers or boards, and with any number of natural children, foster children, stepchildren or adopted children; or


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2.3.31.2. A group of not more than four (4) persons not necessarily related by blood or marriage.

2.3.31.3. Limitations provided in this section do not apply to a dwelling unit which is utilized as a residential facility for handicapped persons as governed by the provisions of 42 U.S.C. § 3601 et seq.

2.3.32. “Farm”: A parcel of land on which bona fide agricultural and related uses are conducted as specified in Section 2.3.2.

2.3.33. “Feedlot”: A feedlot shall be any of the following facilities: any structure, pen,

corral or other fenced-in area wherein cattle, horses, sheep, and goats are maintained for the purpose of fattening such livestock for final shipment to market or the raising of swine under any conditions. Any feedlot operation involving two hundred (200) or fewer cattle, horses, sheep or goats or any operation involving one hundred (100) or fewer swine are exempt from this definition.

2.3.34. “Frontage”: That dimension of a lot measured along the front right-of-way

line thereof or if said front right-of-way line is curved along the chord of the arc.

2.3.35. “Garage, Repair”: Building and premises designed or used for the purpose of

service or commercial repair of motor vehicles, provided that all the body work and painting shall be conducted within fully enclosed buildings and provided further that the storage of junk, wrecked vehicles, dismantled parts or supplies shall be solely for the use by the garage for the repair of motor vehicles and not as a salvage or junkyard business, and provided that the storage of junk, wrecked vehicles, dismantled parts or supplies shall be screened so that they will not be visible beyond the premises.

2.3.36. “Group Home”: A residence under the ownership or supervision of a public,

educational or governmental institution that is occupied or intended for occupancy by several unrelated persons or families but in which separate cooking facilities are not provided for such resident persons or families.

2.3.37. “Hazardous Waste”: Any solid waste which has been defined as a hazardous

waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal acts which are in force and effect on February 1, 1991, codified as 40 C.F.R. §261.3 and any


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designated hazardous waste, as that term is defined in O.C.G.A. §12-8-62, as amended.

2.3.38. “Hazardous Waste Facility”: Any property or facility that is intended or used

for storage, treatment, or disposal of hazardous waste and which has been legally certified, licensed, approved and otherwise sanctioned by the appropriate state and federal agencies.

2.3.39. “Home Occupation”: An occupation, profession, activity or use conducted for gainful employment or as a business activity entirely within an enclosed dwelling, employing only the inhabitants thereof, which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, signs, construction features, equipment, machinery or outdoor storage, any of which is visible off the lot on which it is located.

2.3.40. “Home Office”: An office use conducted entirely within a dwelling which is carried on by the occupant thereof and no other individual, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. The office may be for the purpose of service or trade workers who customarily work at various locations, such as electricians, plumbers, appraisers, real estate salespersons, or individuals who work at home, such as writers or computer programmers. There will be no changes, which would alter the character of the dwelling or reveal from the exterior that the dwelling is being used in part for other than residential purposes. The office shall be limited to one room of the dwelling and not exceed more than three hundred square feet in area. A home office shall not include any business, which involves the sale, manufacture or repair of merchandise on the premises. Home offices shall also not include any business requiring access by the public, including, but not limited to, customers, clients or vendors. No outside storage or display, including signs, is permitted and no one other than family members who reside on the premises may be employed in the office.

2.3.41. “Hospital”: Any institution receiving inpatients and rendering medical care,

including those wherein mentally retarded, mentally disturbed, epileptic, alcoholic, drug addicted, chronically ill and physically disabled patients are treated or cared for. Such facility shall be legally and properly certified,


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licensed, approved and otherwise sanctioned by the appropriate state or federal agency.

2.3.42. “Industrial Park”: A tract of land subdivided and developed according to a

comprehensive development plan in a manner which provides a park setting for industrial establishments.

2.3.43. “Junkyard”: The use of any space, whether inside or outside a building for

the storage, keeping, salvage or sale of junk, scrap metals or other scrap materials, including the dismantling, demolition or abandonment of one or more automobiles or other vehicles or machinery or parts thereof.

2.3.44. “Kennel, Commercial”: Any place in or at which more than four adult dogs, cats, rabbits or other domesticated animals are kept for the purpose of sale, boarding, care, breeding or training and for which any fee is charged. This term does not include agrarian or agricultural uses.

2.3.45. “Laboratory”: An establishment or premises where scientific services are provided including testing or analysis of medical, chemical, physical, mechanical, electric or electronic nature or the calibration of instruments.

2.3.46. “Landfill”: Means an area of land on which or an excavation in which solid

waste (as that term is defined in Section 2.3.85) is placed for permanent disposal and which is not a land application unit, surface impoundment, injection well, or compost pile, as that term is defined in O.C.G.A. §12-8-22, as amended.

2.3.47. “Lodging Home”: See “boarding home”. 2.3.48. “Lot”: A parcel of land which satisfies the area requirements for the district

within which it is located, or on which exists a legal nonconforming lot, and has frontage along or legal access to a public right-of-way, and is intended as a unit for transfer of ownership or for building development. A lot shall have a separate tax parcel reference number designated in the office of the County Tax Commissioner and/or the County Tax Appraiser.

2.3.49. “Lot Area”: The area of land within the boundary of a lot, excluding any part under water.


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2.3.50. “Lot, Flag”: A lot or parcel, with frontage on a public right-of-way which frontage does not meet the lot width requirements for the district in which it is located, and which lot is connected to the public right-of-way by a narrow strip of land referred to as a “flag pole.”

2.3.51. “Lot, Interior”: A lot other than a corner lot. 2.3.52. “Lot Line, Front”: The front property line coincident with the street right-of-

way line. The front lot line of a corner lot shall be the lot line facing the principal building entrance.

2.3.53. “Lot Line, Rear”: The rear lot line is generally opposite the front lot line. If

the rear lot line is less than ten feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, and lying wholly within the lot and farthest from the front lot line.

2.3.54. “Lot of Record”: A lot which is part of a legal subdivision, the plat of which

has been officially recorded, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a deed, in the office of the Superior Court of Twiggs County, Georgia, before May 23, 1994.

2.3.55. “Lot Width”: The distance between the side lot lines measured at the front

building line. 2.3.56. “Manufactured Home”: A building transportable in one (1) or more

sections which is built on a permanent chassis and designed to be used as a single-family residence with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. O.C.G.A. §8-2-131(3). This structure shall have a HUD decal.

2.3.57. “Materials Recovery Facility”: Means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials, as that term is defined in O.C.G.A. §12-8-22, as amended.

2.3.58. “Mobile Home”: A structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 feet or more in length or, when erected on site, is 320 or more square feet and which is


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designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.

2.3.59. “Manufactured Home Community”: A contiguous parcel of land under

single ownership, which has been planned and improved for the placement of three or more manufactured homes for residential occupancy.

2.3.60. “Manufactured home subdivision: subdivision designed and/or intended”: primarily, (but not exclusively) for the sale of individual lots for the placement of manufactured homes.

2.3.61. “Modular Home (Industrial Building)”: Any building or component thereof

designed for or used for residential purposes which is wholly or in substantial part made, fabricated, formed, assembled, or manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly damage to, or destruction thereof. An industrial dwelling is not to be construed to include a “manufactured home.” O.C.G.A. § 8-2-110, et. seq. This structure shall have a DCA decal.

2.3.62. “Motel”: A building or group of buildings containing guestrooms and having

separate outside entrances for each guestroom. To be used primarily for automobile transients and including such terms as “auto court” and “motor lodge” but not “boarding house” as defined in Section 2.3.9.

2.3.63. “Municipal Solid Waste Disposal Facility”: Any facility or location where the

final disposition of any amount of municipal solid waste (as that term is defined in O.C.G.A. §12-8-22, as amended) occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended,1 and includes, but is not limited to, municipal solid waste landfills and solid waste thermal treatment technology facilities (as that term is defined in O.C.G.A. §12-8-22, as amended).

2.3.64. “Municipal Solid Waste Landfill”: Any disposal facility where any amount of

municipal solid waste (as that term is defined in O.C.G.A. §12-8-22, as amended) occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act1 of


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1976, as amended, is disposed of by means of placing an approved cover thereon.

2.3.65. “Neighborhood Commercial Use”: A retail or service commercial use that

offers goods or services to serve the daily or frequent trade or service needs of immediate surrounding populations. Any building used for such purpose shall not exceed ten thousand (10,000) square feet in area and must be located on a collector or arterial street.

2.3.66. “Non-Conforming Building or Structure”: A building or portion thereof,

existing at the effective date of this Ordinance, or subsequent amendments hereto, and that does not conform to the height, area or yard regulations for the district in which it is located.

2.3.67. “Non-Conforming Use”: A use of land existing at the time of the enactment

of this Ordinance, or at the time of a zoning amendment, which does not conform with the regulations of this Ordinance.

2.3.68. “Nuisance”: A nuisance is defined as any activity that causes hurt,

inconvenience or damage to another from the use of one’s property, e.g. activity that causes annoyance and disturbs one in possession of his property, rendering its ordinary use or occupation physically uncomfortable, whether because of smoke, noise, odors or insect infestations.

2.3.69. “Occupy”: Occupy means to use land or buildings for any length of time for

a purpose for which the land, building or part thereof is used or is intended to be used. Any variation of the term “occupy” shall be encompassed by this definition.

2.3.70. “Park, Community”: A parcel of land owned by a unit of government or a

private organization used or intended to be used for recreational or leisure time activities and which is open to the public at no charge. Such parks may include food or recreational sales as accessory uses.

2.3.71. “Plat”: A sketch, map or survey of a lot, tract or parcel of land including lot

line, street rights-of-way and easements with the dimensions of these features inscribed thereon.

2.3.72. “Plat, Final”: A finished drawing of a subdivision showing completely and

accurately all legal and engineering information and certification necessary for


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Zoning Enforcement Officer approval. The Board of Commissioners shall approve the streets shown on the plat before recording.

2.3.73. “Plat, Preliminary”: A preliminary design which shows the proposed layout

of a subdivision in sufficient detail to indicate its workability and conformation to the design requirements of the subdivision regulations in all aspects but is not in final form for recording and the details are not completely computed. The development plat shall be approved by the Zoning Enforcement Officer before any development.

2.3.74. “Private Industry Solid Waste Disposal Facility”: Any disposal facility which

is operated exclusively by and for a private solid waste generator (as that term is defined in O.C.G.A. §12-8-22, as amended) for the purpose of accepting solid waste generated exclusively by said private solid waste generator.

2.3.75. “Private Way”: A private street, drive or road, which is used solely for those

property owners which are contiguous to and have a legal right to use. 2.3.76. “Professional”: When used in connection with “use” and “occupancy,”

professional refers to a use or occupancy by persons generally engaged in rendering personal, executive, sales, or administrative services or activities, including, but not limited to, accountants, architects, professional engineers, land surveyors, doctors, lawyers, insurance officers, real estate offices, religious organizations, stockbrokers and administrative agencies considered professional in character. The term, however, does not include repairs or sales of tangible personal property stored or located within the structure or any use, which would create any loud noise or noxious odors.

2.3.77. “Public right-of-way”: A street or road, which has been dedicated for public

use by deed, plat and/or prescription.

2.3.78. “Recreational Use of a Commercial Nature”: A building or use which provides entertainment, education, recreation or amusement for profit such as, but not limited to, a health spa, dance hall, bowling alley, skating rink, shooting range, fortune telling, amusement park, private zoo, sports stadium or arena, art gallery, concert hall, or swimming pool.

2.3.79. “Residential Business”: An occupation or profession conducted within a dwelling, and which is carried on by an occupant thereof and no more than two (2) nonresidents, and which is clearly incidental and secondary to the use


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of the dwelling for residential dwelling purposes. The business may allow access by the public. The residential business is designed to be less restrictive than a home office or home occupation but more restrictive than a rural business in regard to access by the public, size, visibility, number of employees and types of business.

2.3.80. “Restaurant”: An establishment, however designated, at which food is sold

for consumption on the premises. However, a snack bar or refreshment stand at a public or non-profit community swimming pool, playground, park or marina operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.

2.3.81. “Right-of-way Line”: The outside boundary of a right-of-way, whether usage,

recorded easement, deed establish such right-of-way, or dedication. 2.3.82. “Rural Business”: An occupation or profession conducted within a dwelling,

an accessory structure or outside the dwelling and which is carried on by a resident of that property and no more than three (3) nonresidents, and which is clearly incidental and secondary to the use of the property for residential dwelling purposes. The business may allow access by the public. The rural business is designed to be less restrictive than a home office, home occupation or residential business in regard to access by the public, size, visibility, and number of employees and types of business.

2.3.83. “Setback”: The minimum horizontal distance between the right-of-way line,

or the lot line of an adjacent lot, and the front, rear or side lines of a building on the lot with setback restrictions. The term “required setback” means a line beyond which a building is not permitted to extend under the provisions of this Ordinance establishing minimum depth and widths of yards.

2.3.84. “Shopping Center”: A group of commercial establishments planned, developed and owned or managed as a unit with on-site parking and of similar architectural characteristics. For the purpose of this Ordinance, any small group of buildings meeting this definition and exceeding ten thousand (10,000) square feet in size shall be considered a shopping center.

2.3.85. “Slow Rate Land Treatment System”: A system for wastewater treatment by

spray irrigation (land application). The term refers to the advanced treatment of wastewater by irrigation on to land to support vegetative growth. For purposes of this Ordinance, the use may include ponds (lagoons) for the


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temporary storage of the treated wastewater before application to the spray fields.

2.3.86. “Solid Waste”: Any garbage or refuse; sludge from a wastewater treatment

plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved material in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923). This term shall include construction debris or other materials generated by demolition of structures.

2.3.87. “Solid Waste Handling Facility”: A facility, the primary purpose of which is

the storage, collection, transportation, treatment, utilization, processing or disposal, or any combination thereof, of solid waste (as that term is defined in O.C.G.A. §12-8-22, as amended).

2.3.88. “Street”: A dedicated and accepted public right-of-way, which affords the

principal means of access to abutting properties. 2.3.89. “Structure”: Anything constructed or erected, the use of which requires

permanent or semi-permanent location on the ground, or attached to something having permanent location on the ground.

2.3.90. “Structure, residential”: A structure as defined in Section 2.3.88 used as a dwelling, dwelling unit, manufacture home, modular home or mobile home.

2.3.91. “Subdivider”: Any person who undertakes the subdivision of land as herein defined.

2.3.92. “Subdivision”: Any division of a tract or parcel of land into two or more lots, building sites or other divisions of and for the purpose, whether immediate of future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes re-subdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included in this definition:


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2.3.92.1. The division of land into parcels of five acres or more where each lot has at least 150 feet of frontage on an existing public road or street and no new street is involved;

2.3.92.2. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of this Ordinance; or 2.3.92.3. The division of space into condominium units in accordance with O.C.G.A. § 44-3-70, et. seq., not involving any division or separate ownership of land.

2.3.93. “Townhouse”: A residential structure containing three or more attached

single-family units designed as a single structure having common or party walls. Each unit shall have its own front door which opens to the outdoors, and the units shall have two floors, but without access between adjoining units.

2.3.94. “Travel Trailer”: A vehicular portable structure not over eight feet by thirty-

five (35) feet and designed as a temporary dwelling for travel, recreational and vacation uses which may or may not have kitchen equipment, toilet, lavatory and bathing facilities, but if such facilities are included, a sewage holding tank for sanitary waste is required. Any vehicle designed or converted to a design with plumbing connections for attachment to outside sewage systems shall not be included in this definition.

2.3.95. “Travel Trailer Park”: A parcel of land which has been planned and

developed to accommodate two or more travel trailers, tents or other camping units for temporary occupancy of not over sixty days duration.

2.3.96. “Use”: Those uses specifically listed in this Ordinance as “ permitted uses”,

which are subject to approval by the Zoning Enforcement Officer and “conditional uses”, which are subject to approval by the Board of Commissioners.

2.3.97. “Use, Principal”: The principal purpose for which a lot or building is

designed, arranged, intended, occupied or maintained. 2.3.98. “Variance”: A modification of the strict terms of this Ordinance granted in

accordance with procedures herein where such modification will not be


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contrary to the public interest, and where, owing to conditions peculiar to the property such as irregular lot size, topographic or other characteristics of the land, and not as the result of any action on the part of the property owner, a literal enforcement of this Ordinance would result in unnecessary and undue hardship. Such modification shall not authorize a principal or accessory use of the property, which is not permitted within the zoning district in which the property is located.

2.3.99. “Vehicle”: Any device or contrivance for carrying or conveying persons or

objects, said device being designed to be self-propelled by its own motor or power.

2.3.100. “Water System, Community”: A potable water supply and treatment system

other than an individual or public water system serving more than one building, residence, manufactured or mobile home or other facility designed or used for human occupancy or congregation. The system is one, which is owned by a person or legal entity other than a unit of government.

2.3.101. “Water System, Individual”: A potable water system other than a

community or public water system serving a single building, residence, manufactured or mobile home, or other facility designed or used for human occupancy or congregation.

2.3.102. “Water System, Public”: A potable water supply and treatment system,

other than an individual or community water system, owned by a unit of government.

2.3.103. “Yard”: The open space on the same lot with a main building, unoccupied

and unobstructed from the ground upward, except for landscaping or other uses as otherwise provided in this Ordinance and defined herein:

2.3.103.1. “Front Yard”: An open space extending the full width of the lot, the

depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

2.3.103.2. “Rear Yard”: An open space extending the full width of the lot, the

depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.


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2.3.103.3. “Side Yard”: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building.

2.3.104. “Zoning Enforcement Officer”: The official or his designate as appointed

by the Board of Commissioners and charged with the administration and enforcement of this Ordinance.

CHAPTER 3

ESTABLISHMENT OF DISTRICTS

SECTION 3.1. Intent. In order to protect the character of existing neighborhoods; to prevent excess density of population in areas which are not adequately served with water, sewage facilities, and fire protection; to ensure that adequate and suitable areas will be available to provide housing for a growing population; to protect residents from the blighting effects of traffic, noise, odors, and dust generated by commercial and industrial activity; to accommodate growth and expansion; and to promote orderly growth and development by grouping similar uses and separating dissimilar and unrelated uses; there are hereby established, within the unincorporated area of Twiggs County, zoning districts, as defined in Section 2.3.22 of this Ordinance.

SECTION 3.2. Division Of County Into Districts. For the purposes of this ordinance, the unincorporated area of Twiggs County and all lands lying within any inactive municipality is, for the purposes of this Ordinance, divided into thirteen (13) zoning districts. The location and boundaries of these districts are shown on the “Official Zoning Maps” for Twiggs County and the Overlay Maps identified in Section 3.3 and 3.4 or described in Chapter 15 of this Ordinance. The districts are denominated as followers: 3.2.1. R-AG Agricultural Residential District 3.2.2. R-1 Single-Family Residential District 3.2.3. R-2 Multi-Family Residential District 3.2.4. R-MH Manufactured Home Residential District 3.2.5. C-1 Neighborhood Service Commercial District 3.2.6. C-2 General Business District 3.2.7. I-G General Industrial District


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3.2.8. PUD Planned Unit Development District 3.2.9. BE Base Environs Overlay District 3.2.10. FDP Flood Damage Prevention Overlay District 3.2.11. RP Ocmulgee River Protection Overlay District 3.2.12. WP Wetland Protection Overlay District 3.2.13 . GR Groundwater Recharge Area Overlay Protection District

SECTION 3.3. Official Zoning Map The location and boundaries of such districts enumerated in Section 3.2 are shown on the map which is designated as the “Official Zoning Map of Twiggs County.” Said map is hereby made a part of this Ordinance and shall be available for public inspection a the Zoning Enforcement Officer’s office together with applicable amendments. All notations, references, and other information shown on this Official Zoning Map are a part of this Ordinance and have the same force and effect as if said Zoning Maps and all such notations, references, and other information shown were fully set forth or described herein. As evidence of its authenticity, the Official Zoning Map and amendments shall be attested and certified by the Clerk of Twiggs County with signature impressed thereon. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures for amendment set forth in this Ordinance. Any unauthorized change of any kind by any person or persons shall be considered a violation of this Ordinance and is punishable as provided by law. Regardless of the existence of any purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map located in the Zoning Enforcement Officer’s office and certified by the County Clerk shall be the final authority as the current zoning status of land in the county.

SECTION 3.4. Overlay District Maps The following Maps, as they may be from time to time amended, modified, altered or changed, are hereby adopted by reference and made apart of this Ordinance. 3.4.1. U.S. Fish and Wildlife Service National Wetlands Inventory Maps.


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3.4.2. Hydrologic Atlas 18 (1989 edition ) prepared by the Georgia Department of Natural Resources.

3.4.3. Hydrologic Atlas 20 (1992 edition) - Groundwater Pollution Susceptibly MAP

of Georgia, prepared by the Georgia Department of Natural Resources. 3.4.4. Flood Insurance Rate Map for the unincorporated areas of Twiggs County,

dated March 18, 1996.

SECTION 3.5. Map Amendments In accordance with the provisions of this Ordinance, changes may be made in the district boundaries or other information portrayed on the Official Zoning Map by official action of the Board of Commissioners. Such changes shall be made on the Official Zoning Map promptly by the Zoning Enforcement Officer, together with a numerical entry on the Official Zoning Map referring to the Ordinance adopted by the Board of Commissioners, referring to said Ordinance by ordinance number and date. No changes of any nature shall be made to the Official Zoning Map or matters shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any person shall be considered a violation of this land development Ordinance.

SECTION 3.6. District Boundaries Where uncertainty exists with respect to the boundaries of any of the districts

shown on the Official Zoning Map, the following rules shall apply: 3.6.1. Boundary cannot be determined by the foregoing methods, the Board of

Commissioners where district boundaries are indicated as approximately following the centerline of public ways, streets or highways or railroad right-of-way lines or such lines extended, such centerline or such lines extended shall be construed to be such boundaries.

3.6.2. Where district boundaries are indicated as approximately following the county

line or the corporate limit line of any incorporated place or the militia district line of any militia district or the land lot line of any land lot, such county line,


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corporate limit line, militia district line or land lot line shall be construed to be such boundaries.

3.6.3. Where a district boundary line divides a lot in single ownership at the time of

enactment of this Land Development Ordinance, the district containing the larger portion of area may be extended by Board of Commissioners to the remainder without recourse or amendment procedure.

3.6.4. Where a district boundary is indicated as approximately following the

centerline of stream beds or riverbeds, said centerline or such lines extended shall be construed to be such boundaries.

3.6.5. Where a public way, street, alley or other right-of-way is officially vacated or

abandoned, the regulations applicable to the properties to which it reverted shall apply to such vacated or abandoned public street, alley or right-of-way.

3.6.6. In the case where the exact location of a district boundary cannot be

determined by the foregoing methods, the Board Of Commissioners shall, upon application by the property owner, determine the location of the district boundary.

CHAPTER 4

GENERAL PROVISIONS

SECTION 4.1. Intent. The following provisions relating to the use of land and the construction, alteration, moving and modification of structures and buildings, shall apply in all districts.

SECTION 4.2. General. 4.2.1. No building, structure or land shall hereafter be used or occupied and no

building, structure or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is or is to be located and a permit having been obtained in accordance with Section 4.3.

4.2.2. Any use not allowed as a permitted use or conditional use within the

applicable zoning district shall not be allowed except in conformance with


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Chapter 16. The provisions of Chapter 16 shall apply to any application for a use not listed as a use allowed in a Zoning District.

4.2.3. No more than one principal use per lot shall be permitted except as provided

herein.

SECTION 4.3. Permits for Use of Land or Structure.

The Zoning Enforcement Officer shall issue a zoning permit on a form provided by the county for any use of land or structures with the county as follows:

4.3.1. For any application for a building that is a “permitted use” under the terms of

this Ordinance the Zoning Enforcement Officer shall issue the Zoning permit. 4.3.2. After a “conditional use” is approved by the Board of Commissioners, the

Zoning Enforcement Officer shall issue a zoning permit, which permit shall reflect any conditions, safeguards, restrictions or limitations as required by the Board of Commissioners.

4.3.3. Any use, building or other structure that is accessory to any permitted or

conditional use.

SECTION 4.4. Lot Requirements.

4.4.1. Lots may not be reduced in area or width below the minimum requirements

established for the district in which said lot is located; except that lot widths for lots located on cul-de-sacs may be reduced to one-half the required width; but in no case shall any lot width shall be less than thirty (30) feet.

4.4.2. Lot Size. All lots shall conform to the area requirements set forth in the

zoning district they are located. Residential lots shall have adequate width to permit appropriate building setbacks from and orientation to both abutting streets if said lot is a corner lot.

The minimum lot size may not be less than that required by the Twiggs County Health Department where public water and sewer are not available,


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even though the required size is larger than specified in the district said lot is located.

4.4.3. Building Lines. A building line, meeting the front, rear, and side yard setback

requirements of the zoning district in which the parcel is located, shall be established on all lots.

4.4.4. Double Frontage Lots. Double frontage lots should be avoided, except where

essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. When allowed, a strip of land at least ten (10) feet in width, shall be established along the lot or line of lots abutting a traffic artery and along which there shall be no right of access.

4.4.5. Lots Must Abut A Public Street. Except as provided for in Section 22.7.18,

no building or structure shall be erected on a lot or portion of a lot which does not front on a public street except as may be allowed as a part of a planned unit development under the provisions of Chapter 12 of this Ordinance. 4.4.5.1. All lots shall have a minimum thirty (30) foot frontage on a public street. 4.4.5.2. Each principal use shall be located on a lot or parcel which provides frontage on a public street having a right-of-way of not less than thirty (30) feet.

SECTION 4.5. Height Requirements 4.5.1. General Application. No building or structure shall hereafter be erected,

constructed or altered so as to exceed the height limits specified in this Ordinance and set out in the district in which it is located.

4.5.2. Height Obstructions. The purpose of these provisions is to prevent the

construction of objects which, because of their height, illumination or reflectivity, electrical emissions, and/or air emissions, represent an obstruction or safety hazard to air traffic operating in and out of Robins Air Force Base. 4.5.2.1. Definitions. The following definitions shall be used to interpret the requirements of Chapter 13.


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4.5.2.1.1. Approach-Departure Surface. This surface is symmetrical about the RAFB runway centerline extended, begins as an inclined plane (glide angle) 200 feet beyond each end of the primary surface to the centerline elevation of the runway end, and extends for 50,000 feet. The slope of the approach-departure clearance surface is 50:1 (one foot change in elevation for each fifty feet in distance from the starting point) along the extended runway (glide angle) centerline until it reaches an elevation of 500 feet above the established airfield elevation, at which point it becomes a horizontal surface. It then continues horizontally at this elevation to a point at 50,000 feet from the start of the glide angle. The width of this surface at the runway end is 2,000 feet. It then flares uniformly, with an end width of 16,000 feet at a distance 50,000 feet from both starting points. 4.5.2.1.2. Conical Surface. This inclined surface extends outward and upward from the outer periphery of the inner horizontal surface for a horizontal distance of 7,000 feet. The slope of the conical surface is 20:1 (one foot change in elevation for each twenty feet in distance from the starting point), with an inner elevation of 150 feet above the established airfield elevation and an outer elevation of 500 feet above the established airfield elevation. 4.5.2.1.3. Clear Zone Surface. This surface defines the limits of the obstruction clearance requirements in the vicinity contiguous to the end of the primary surface. The length and width (for a single runway) of a clear zone surface is 3,000 feet by 3,000 feet. 4.5.2.1.4. Established Airfield Elevation. The altitude (measured in feet above mean sea level MSL) of the Robins Air Force Base main runway surface. This elevation is hereby declared to be 295 feet MSL. 4.5.2.1.5. Height. The true highest altitude of a structure or natural feature (including trees, protruding rocks, or natural ground surface) as measured in feet above mean sea level. 4.5.2.1.6. Inner Horizontal Surface. This surface is a plane, oval in shape, that extends 7,500 feet from the RAFB airfield runway centerline at a height of 150 feet above the established airfield elevation.


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4.5.2.1.7. Obstruction. Any structure or natural feature (including trees, protruding rocks, or natural ground surface) which exceeds the height limitation defined by the primary surface, clear zone surface, approach-departure clearance surfaces, inner horizontal surface, conical surface, outer horizontal surface, or transitional surfaces established for Robins Air Force Base. 4.5.2.1.8. Outer Horizontal Surface. This surface is a horizontal plane that begins at the outer edge of the conical surface and extends for 30,000 feet at a height of 500 feet above the established airfield elevation. 4.5.2.1.9. Primary Surface. This surface defines the limits of the obstruction clearance requirements in the immediate vicinity of the landing area. The primary surface comprises surfaces of the runway, runway shoulders, and lateral safety zones and extends 200 feet beyond the runway end. The width of the primary surface for the RAFB runway is 2,000 feet, or 1,000 feet on each side of the runway centerline. 4.5.2.1.10. Structure. Any stationary or mobile object constructed or installed by man, including without limitation, buildings, towers, cranes, smoke stacks, earth formations, and overhead transmission lines. 4.5.2.1.11. Transitional Surfaces. These surfaces connect the primary surfaces, clear zone surfaces, and approach-departure clearance surfaces to the outer horizontal surface, conical surface, and other horizontal or transitional surfaces. The slope of the transitional surface is 7:1 (one foot in elevation for each seven feet in distance from the starting point) outward and upward at right angles to the runway centerline extended.

4.5.2.2. Application. These regulations shall apply to all lands within the unincorporated areas of Twiggs County that are overlaid by the primary surface, clear zone surface, approach-departure clearance surfaces, inner horizontal surface, conical surface, outer horizontal surface, or transitional surfaces established for Robins Air Force Base. All development activity within these areas shall comply with the performance standards in Section 4.5.2.3. below in addition to the requirements of the underlying zoning


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district. Where conflicting standards and requirements exist, the more stringent standards and requirements shall apply.

4.5.2.3. Performance Standards. All development within the areas governed by these height requirements shall comply with the following performance standards.

4.5.2.3.1. Height Limitation. No structure shall be built which, by virtue of its finished height, would constitute an obstruction within the meaning of these regulations. Where the development or redevelopment of land within the areas affected by these regulations will involve substantial grading and/or site preparation, the Board of Commissioners may require the applicant to move any existing obstructions (either natural or man-made) on the site as a condition of development plan approval. 4.5.2.3.2. Use Restrictions. No use may be made of land or water located within the RAFB Approach-Departure Surfaces that would:

4.5.2.3.2.1. create or result in electrical interference with navigational signals or radio communication between RAFB and aircraft operating within the affected areas; 4.5.2.3.2.2. produce or reflect light in a sufficient intensity or manner that would make it difficult for pilots to distinguish between airport lights and other light sources, result in glare in the eyes of pilots using the base airport, or otherwise impair visibility in the vicinity of the base. All proposed light sources that could conflict with this requirement (except structure lighting required under FAR Part 772) shall be properly shielded or directed away from a pilot’s field of vision; 4.5.2.3.2.3. emit smoke or particulate matter which, in sufficient quantities or concentrations, would impair pilot visibility in the vicinity of the base or clog aircraft engines; or 4.5.2.3.2.4. attract large flocks of birds, which would constitute a hazard to air navigation in the vicinity of the base. No solid waste disposal facility or landfill may be sited within the areas affected by these regulations.


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4.5.2.4. Review Procedures. The standard zoning compliance process for Twiggs County shall apply to the areas affected by these regulations. However, any applicant proposing to construct a structure that is:

4.5.2.4.1. Located within the RAFB Outer Horizontal Surface or the Approach-Departure Horizontal Surface and would exceed 200 feet in height as measured from its tallest point to the finished ground level; or 4.5.2.4.2. Located within the RAFB Primary Surface, Clear Zone Surface, Inner Horizontal Surface, Conical Surface, Approach-Departure Glide Angle Surface, or any Transitional Surface and would exceed 100 feet in height as measured from its tallest point to the finished ground level; shall comply with the following review procedures, in addition to the normal zoning compliance process. 4.5.2.4.3. RAFB Civil Engineer’s Office Review. A copy of an application for zoning compliance within the affected areas, including the development plan, shall be provided, within five (5) days of submittal by the applicant, by Twiggs County to the staff of RAFB, which will provide a written recommendation to the Twiggs County Zoning Enforcement Officer within ten (10) days of receipt. 4.5.2.4.4. FAA Review. The applicant shall submit a copy of the application for FAA review under FAR Part 77,2 if applicable. A copy of the FAR Part 772 review transmittal letter and application shall be submitted to the Board of Commissioners to document compliance with this requirement. The Board of Commissioners may condition any approval upon FAA approval under FAR Part 772 review.

4.5.2.5. Submission Requirements. An applicant shall submit a preliminary plan in accordance with the applicable requirements of these regulations for any development application that satisfies the special review requirements in Section 4.5.2.4. above. The Twiggs County Zoning Enforcement Officer may require the applicant to submit any or all of the items specified below, if the additional information is necessary to ensure compliance with the performance standards in Section 4.5.2.3.

4.5.2.5.1. Imaginary Surface Boundaries. The applicant may be required to delineate on the preliminary plan the boundaries of any


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primary surface, clear zone surface, approach-departure clearance surfaces, inner horizontal surface, conical surface, outer horizontal surface, or transitional surfaces, if the location of the aforementioned surface boundaries with respect to the proposed development site or proposed structure locations is in question. All maps prepared to show the location of these boundaries shall be drawn to a scale designated by the Twiggs County Zoning Enforcement Officer. 4.5.2.5.2. Location of Structures. The applicant may be required to delineate the placement of all existing and proposed buildings and structures, including any existing or proposed tree stands. 4.5.2.5.3. Specification of Uses. The applicant may be required to specify the proposed uses to occur within each structure or activity area on the development site. 4.5.2.5.4. Surface Elevation Bench Marks. The applicant may be required to show the surface elevation of all structures (above mean sea level) and the maximum height in feet of any structure. For residential subdivisions, the Zoning Enforcement Officer may require the applicant to show surface elevations for the property in five-foot contours with sufficient bench marks to verify contour elevations. 4.5.2.5.5. Narrative Description. The applicant may be required to prepare a narrative describing the location of the site, its total acreage, existing character and use; the concept of the proposed development or use, such as proposed residential density, and the relation of the proposed development plan to the Comprehensive Plan.

4.5.2.6. Variances. Any applicant wishing to erect a new structure, increase the height of an existing structure, permit the growth of any trees, or commit the property to a use that is not in compliance with the regulations prescribed in these regulations may apply to the Board of Commissioners for a variance. The application for variance must be submitted in the form and manner specified in Section 23.8 of these regulations, and it must be accompanied by a written determination from the Federal Aviation Administration and the RAFB Civil Engineer’s Office stating that the proposed structure will not be located within a normal aircraft flight track, that the requested height variance will not be excessive, and that all appropriate measures will be taken by the applicant to prevent any negative impacts on safe navigation within the


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protected air space surrounding RAFB. Such variances shall be issued only where it is duly determined that a literal application or enforcement of these regulations will result in unnecessary hardship, and the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit and intent of these regulations. In addition, the Board of Commissioners may solicit the testimony of a qualified professional, at the expense of the applicant, to evaluate the proposed development plans and issue any professional findings or opinions that would assist the Board of Commissioners in reaching a decision regarding the variance request. The selection of a qualified professional shall be done by the Board of Commissioners.

4.5.3. Permitted Exceptions. The building height restrictions imposed on buildings

and structures by this Ordinance for each zoning district shall not apply to the following buildings and structures, except where imposed by the Base Environs (BE) District Regulations of this Ordinance. 4.5.3.1. Churches, schools, hospitals, sanitariums and other public buildings and public utility structures excluding communication towers. There shall be no restrictions on such buildings or structures, provided that the front, side, or rear yards required in the district in which such building is to be located shall be increased an additional one (1) Foot for each ten (10) feet that the building exceeds the maximum height permitted in the district. 4.5.3.2. Barns, silos, grain elevators, other farm structures, belfries, cupolas, domes, monuments, water towers, wind mills, chimneys, smoke stacks, flag poles, masts, support poles and towers for electrical transmission lines, and structures under seventy (70) feet in total height used for amateur or recreational purposes such as a ham radio, a citizens ban radio, or home television antenna. 4.5.3.3. Where located on building roofs, bulkheads, water tanks, scenery lofts, and similar structures, provided that such structure shall not occupy more than twenty-five (25) percent of the total roof area of the building. 4.5.3.4. None of these exceptions shall apply to signs, satellite dishes, or communication towers which heights are regulated elsewhere in this Ordinance.


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SECTION 4.6. Minimum Distance Between Buildings. The following minimum distances between buildings located on the same lot or parcel of land shall be required, unless otherwise specified by this Ordinance. 4.6.1. The minimum distance between main buildings on the same lot or parcel of

land shall be: 4.6.1.1. Front to front arrangement 40 feet 4.6.1.2. Front to rear arrangement 50 feet 4.6.1.3. Rear to rear arrangement 30 feet 4.6.1.4. Side to side arrangement 20 feet 4.6.1.5. All other combinations 20 feet 4.6.2. There shall be not less than twenty (20) feet between a main building and an

accessory building on the same lot or parcel. 4.6.3. No manufactured home shall be located within twenty (20) feet of any

permanent principal building.

SECTION 4.7. Accessory and Temporary Buildings. 4.7.1. Accessory Buildings. Location and uses of accessory buildings in all zoning

districts shall be governed by the following conditions: 4.7.1.1. Accessory buildings in residential and agricultural districts:

4.7.1.1.1. A detached accessory building shall not be closer than twenty feet (20) to the main or principal building, nor five (5) feet to a lot line. 4.7.1.1.2. IInn aallll rreessiiddeennttiiaall ddiissttrriiccttss a detached accessory building shall not exceed two (2) stories and shall not be located in the front yard of a lot nor in a side or rear yard that has frontage on a public street. 4.7.1.1.3. In all residential districts, accessory buildings shall not occupy more than thirty percent (30%) of the side or rear yard.


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4.7.1.1.4. Mobile homes, manufactured homes, trailers and freight containers shall not be allowed as accessory structures in any R-MH, R-1 or R-2 residential district. 4.7.1.1.5. Mobile homes and manufactured homes shall not be allowed as accessory structures in any R-AG residential district.

4.7.2. Accessory Buildings in all other Districts. Accessory buildings shall meet the

requirements of Section 4.6.2 and the yard requirements of the District in which they are located. Section 4.6.2 shall not be applied if the structures in question meet the Twiggs County Fire Safety Code.

SECTION 4.8. Yards and Other Spaces. No part of a yard or open space, or loading space, or off-street parking space about any building, required for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard, or off-street parking, or loading space, or open space similarly required for another building. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of accessory buildings or structures, sills, cornices, ornamental features, chimneys, flues, and eaves, provided such projections shall not extend more than two (2) feet beyond the yard area requirements.

SECTION 4.9. Buffers, Screening and Transition Areas.

4.9.1. Except as provided elsewhere in this Ordinance, the minimum setback for a commercial or industrial structure located adjacent to a residential district or dwelling shall be fifty (50) feet, of which twenty(20) feet shall be a landscaped or natural buffer. 4.9.2. Landscaped buffers shall be installed and shall be maintained by the property owner. This requirement shall run with the land regardless of the change of ownership. Constructive Notice shall be placed on the deed of the property where the buffer is required. 4.9.3. A natural buffer shall be composed of an undisturbed area the entire width of the required buffer. Site preparation and grading shall be prohibited in such buffer area and any site development activities shall not encroach into the required buffer area.


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4.9.4. Where required, a screen shall be a wall or fence of uniform material solid in appearance or a tight evergreen hedge not less than six (6) feet in height.

SECTION 4.10. Fence and Walls In R-AG Agricultural, R-1 Single Family, R-2 Multi-Family and Manufactured Housing Residential Districts.

The following regulations shall apply to the construction of fences (No permit required).

4.10.1. Location.

4.10.1.1. Fences (walls and decorative fences) shall not be located outside or beyond the property or lot lines of the lot upon which said improvement shall serve. 4.10.1.2. Fences shall be placed no closer to the public right-of-way than ten (10) feet for an arterial or collector street. On minor streets, a fence may be permitted to be located closer to the right-of-way by the Zoning Enforcement Officer provided no vehicular sight distance problems are created. 4.10.1.3. No fence or wall shall constitute an obstruction to the vision for or create a hazard to vehicular traffic. 4.10.1.4. Enclosure of swimming pools. All swimming pools, shall be enclosed by fences or walls not be less than four (4) feet in height.

SECTION 4.11. Above Ground Storage Tank.

All above ground storage tanks for the storage of gasoline liquefied petroleum gas, oil, or other flammable liquids or gases shall meet the set back distances from all uses as provided for in Chapter 120-3-11 of the Rules and Regulations of the Georgia Safety Fire Commissioner. All tanks must meet the specifications established by the Environmental Protection Agency and Georgia State Fire Marshall.


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SECTION 4.12. Outdoor Lighting.

Outdoor lighting of all types shall be directed to reflect away from all residential

dellings, and shall be so situated as not to reflect directly into the public right-of-way. Where the position of outdoor lighting will not adequately shield nearby residential dwellings, the Zoning Enforcement Officer or Board of Commissioners may require shielding to be installed over the proposed lights to minimize glare.

CHAPTER 5

R-AG AGRICULTURAL RESIDENTIAL DISTRICT

SECTION 5.1. Purpose and Intent. The R-AG Agricultural Residential District is established to maintain those areas with land characteristics, such as soil moisture, temperature and content suitable for farming, dairying, forestry operations and other agricultural activities; to protect land used or needed for food production and other agricultural uses from encroachment by untimely and unplanned high density residential, commercial or industrial development; to permit the continuation of agricultural uses in areas where development is anticipated, but where the present application of zoning controls for future, more intensive uses would be unreasonable and premature; to prevent the subdivision of land for residential development that requires public services such as paved roads, water and sanitary sewer; and to preserve the rural, open space character of certain areas. It is intended, in so far as possible, to allow the type land use existing at the time of the adaptation of this Ordinance, to continue and to allow similar uses after adaptation.

SECTION 5.2. Permitted Uses. 5.2.1. Accessory buildings, structures and uses.

5.2.2. Agricultural or horticultural uses, including the production of field crops,

fruits, nuts and vegetables; the raising of livestock and poultry; dairying; forestry and fisheries, and other uses involving agricultural operations, provided that barns, pens, corrals, sheds or similar structures used to feed, confine or otherwise shelter animals are located two hundred (200) feet from any residential structure on an adjacent lot or parcel. This does not include feedlots as regulated in Section 18.6 this Ordinance.


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5.2.3. Animal hospitals, provided that it is located on a lot that is a minimum of two

(2) acres, and located on an arterial or collector street. All structures shall have a minimum setback of fifty (50) feet from all property lines.

5.2.4. Caretaker or employee residences. 5.2.5. Cemeteries; subject to the requirement of Section 18.10.

5.2.6. Churches and other places of worship located on a lot that is a minimum of

two (2) acres and located on an arterial or collector street. All structures shall have a minimum setback of fifty (50) feet from all property lines.

5.2.7. Day Care Center located on a lot that is a minimum of two (2) acres and

located on a collector or arterial street. All structures shall have a minimum setback of fifty (50) feet from all property lines.

5.2.8. Single family dwellings, modular or manufactured homes.

5.2.9. Farms.

5.2.10. Home offices/occupations.

5.2.11. Home swimming pools, provided the location is no closer than ten (10) feet to any property line and is enclosed by a wall or fence as provided for in Section 4.10.2.

5.2.12. Equestrian centers, provided they are located on a lot that is a minimum of

five (5) acres. All barns, pens, corrals, sheds or similar structures used to feed, confine or otherwise shelter animals shall be at least two hundred (200) feet from any residential structure on an adjacent lot or parcel of land.

5.2.13. Kennels (private or commercial), provided they are located on a lot that is a

minimum of five (5) acres and all structures housing animals must be at least two hundred (200) feet from any residential structure.

5.2.14 . Nurseries and greenhouses. 5.2.15. Parks, Community.


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5.2.16. Public buildings and uses. 5.2.17. Rural Businesses.

5.2.18. Schools; kindergartens, elementary and secondary; and vocational schools, colleges and universities, public and private, located on a lot that is a minimum of five (5)acres in size and fronting on a collector or arterial street. All structures shall have a minimum setback of fifty (50) feet from all property lines.

5.2.19. Extraction or removal of sand, clay, kaolin or other associated minerals

subject to obtaining approval from the Georgia Department of Natural Resources.

SECTION 5.3. Conditional Uses Subject to Approval of the Board of

Commissioners: 5.3.1. Farm supply stores and agricultural related businesses, such as agricultural

machinery and implements sales and service, auction facilities, feed and grain stores and other business not involving sales or services to the general public, provided such business fronts on a collector or arterial street, and provided such buildings or uses are not located within two hundred (200) feet of an abutting property zoned R-1 or R-2 Residential Districts, or utilized for single family or manufactured Home residential use.

5.3.2. Boarding homes, dormitories and lodging houses for agricultural workers,

provided such dwellings are located on a farm, provision is made to meet all applicable public health requirements, and such structures are intended for the temporary or seasonal housing of farm workers.

5.3.3. Sanitariums, rest homes, and nursing homes. 5.3.4. Clubs, lodges, fraternal institutions and places for assembly of non-profit

membership groups, provided such use is located on a minimum size lot of two (2) acres, that fronts on a collector or arterial street.

5.3.5. Golf, swimming, tennis or country clubs located on a lot that is a minimum of

five (5) acres; with no structure located closer than one hundred (100) feet to any property line and buffered in accordance with Section 4.9.


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5.3.6. Communication towers meeting the requirements of Section 18.7. 5.3.7. Recreation facilities of an unenclosed, commercial nature, including archery

ranges, campgrounds, fairgrounds, firearms shooting ranges and golf driving ranges with frontage on a Collector or Arterial Street or Highway and provided such uses are not located within one thousand (1,000) feet of an abutting property zoned Residential or utilized for single family residential or manufactured home residential use.

5.3.8. Private air fields, provided that all federal and state regulations governing the

construction and usage of air fields are met. Written approval from applicable regulatory agencies shall be provided to the Zoning Enforcement Officer before a zoning permit is issued.

5.3.9. Group homes. 5.3.10. Convenience stores with gas pumps, provided it is located on a collector or

arterial street. 5.3.11. Neighborhood commercial use meeting the requirements of Section 9.2. 5.3.12. Commercial Feedlots subject to Section 18.6. 5.3.13. Temporary sawmills. 5.3.14. Manufactured home communities subject to the requirements of Section

18.3.

5.3.15. Race tracks provided the requirements of Section 18.9 are met.

5.3.16. Extraction or removal of sand, gravel, top soil, or other natural resources subject to the following conditions:

5.3.16.1. Mining activities shall be located no closer than one hundred (100) feet to any property line;

5.3.16.2. Access to the removal area shall not be through a residential area;


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5.3.16.3. The extraction of any material requiring explosives shall not be established within four thousand (4,000) feet of a residential use or two thousand (2,000) feet of any other use; and 5.3.16.4. Approval shall be obtained from the Georgia Department of Natural Resources.

SECTION 5.4. Lot and Area Requirements.

Lot and area requirements set out in this section, except those provided elsewhere in this Chapter for specific uses, shall be met for all construction and land uses. The Twiggs County Health Department may require greater lot or area standards than those imposed in this section pursuant to other County or State laws. Two dwellings (single family, modular home or manufactured home) may be allowed on one lot subject to the requirements of Section 18.12. 5.4.1. Minimum Lot Area: 5.4.1.1. With septic tank and well 43,560 sq.ft. 5.4.1.2. With septic tank 43,560 sq.ft. 5.4.1.3. With public sewer 43,560 sq.ft. 5.4.2. Minimum lot width at building line: 5.4.2.1. With septic tank and well 150 feet 5.4.2.2. With septic tank 150 feet 5.4.2.3. With public sewer 150 feet 5.4.3. Maximum lot coverage (percentage) 25%

SECTION 5.5. Yard Requirements (building setback distance). Except as provided elsewhere in this chapter, the following minimum building setback distance requirements shall be provided for all buildings or structures as measured from: 5.5.1. Arterial and collector street right-of-way lines:

5.5.1.1. Front yard 60 feet


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5.5.1.2. Rear yard 60 feet 5.5.1.3. Side yard 60 feet

5.5.2. Minor street right-of-way lines:

5.5.2.1. Front yard 50 feet 5.5.2.2. Rear yard 50 feet 5.5.2.3. Side yard 50 feet

5.5.3. Interior lot lines: 5.5.3.1. Front yard (where applicable) 50 feet

5.5.3.2. Rear 50 feet 5.5.3.3. Side yard 20 feet

SECTION 5.6. Building Height Requirements.

The maximum permitted height for buildings and structures shall be thirty-five (35) feet, except as provided for in Section 4.5.

SECTION 5.7. Off-Street Parking and Loading Space Requirements. Spaces for off-street parking and provisions for loading and unloading spaces shall be provided in accordance with the provisions of Chapter 17.

SECTION 5.8. Signs.

Signs as allowed in this zoning district shall comply with the provisions of Chapter 20.

CHAPTER 6 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT

SECTION 6.1. Purpose and Intent.

The R-1 Single Family Residential District is intended to provide suitable areas for low density residences, and including manufactured homes, regardless of service by public water and sanitary sewer services. These areas


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are intended to be defined and protected from the encroachment of uses not appropriate to the residential environment.

SECTION 6.2. Permitted Uses. 6.2.1. Accessory buildings, structures and uses. 6.2.2. Single family detached dwellings and modular homes. 6.2.3. Manufactured homes subject to the requirements of Section 18.5. 6.2.4. Home swimming pools, provided that the location is not closer than ten(10)

feet to any property line and the pool is enclosed by a wall of fence as required by Section 4.10.2.

6.2.5. Public buildings and uses. 6.2.6. Accessory buildings and uses. 6.2.7. Home offices and occupations. 6.2.8. Parks, Community. 6.2.9. Agricultural crop and forestry production.

SECTION 6.3. Conditional Uses Subject to Approval by the Board of Commissioners:

6.3.1. Churches, temples, synagogues and places of worship and their customarily

related facilities, including cemeteries, provided such uses are located on a lot with a minimum of two (2) acres. All structures shall have a minimum fifty (50) feet set back from any property line and fronting on a collector or arterial street.

6.3.2. Clubs, lodges, fraternal institutions and other places of assembly for non-profit

membership groups, including customary related uses, provided such uses are located on a lot with a minimum of two (2) acres containing frontage on a collector or arterial street. All structures shallhave a minimum fifty (50) feet setback from any property line.


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6.3.3. Parks, playgrounds, community centers, swimming pools, golf courses and other recreational facilities, located on a lot that is a minimum of five (5) acres. No building shall be within two hundred (200) feet of a property line.

6.3.4. Private schools and kindergartens on a lot with a minimum of five (5) Acres

and fronting on a collector or arterial street. All structures shallhave a minimum two hundred (200) foot setback from any property line.

6.3.5. Personal care homes, homes for the elderly housing less than ten (10)

persons, provided such use is located on property fronting on a public road and is licensed or certified by the Georgia Department of Human Resources (DHR) or has received from DHR a waiver of or variance from the licensing of certification requirements.

6.3.6. Day care center provided such use is located on an arterial or collector street

and on a lot that is a minimum of one (1) acre and a minimum twenty (20) foot setback is maintained from all structures any property line.

6.3.7. Convalescent, nursing homes, group homes, rehabilitation centers, sanitariums

and similar institutionalized residential facilities involving professional care and treatment, serving less than twenty (20) persons, provided such uses are located on property fronting on an arterial or collector street, and that such facility is located on not less than two (2) acres. All structures shall have a minimum fifty (50) foot setback from any property.

6.3.8. Home occupations. 6.3.9. Residential business.

6.3.10. Group homes.


Lot and area requirements set out in this section, except those provided elsewhere in this Chapter for specific uses, shall be met for all construction and land uses. The Twiggs County Health Department may require greater lot or area standards than those imposed in this section pursuant to other County or State laws. 6.4.1. Minimum Lot Area:


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6.4.1.1. With septic tank and well 43,560 sq. ft. 6.4.1.2. With septic tank 20,000 sq. ft. 6.4.1.3. With public sewer 15,000 sq. ft. 6.4.2. Minimum lot width at building line:

6.4.2.1. With septic tank and well 150 feet 6.4.2.2. With septic 100 feet 6.4.2.3 With public sewer 85 feet

6.4.3. Maximum lot coverage (percentage) 25%

SECTION 6.5. Yard Requirements (building setback distance). Except as provided elsewhere in this chapter, the following minimum building setback distance requirements shall be provided for all buildings or structures as measured from: 6.5.1. Arterial and collector street right-of-way lines:

6.5.1.1. Front yard 60 feet 6.5.1.2. Rear yard 60 feet

6.5.1.3. Side yard 60 feet

6.5.2. Minor street right-of-way lines: 6.5.2.1. Front yard 50 feet 6.5.2.2. Rear yard 50 feet 6.5.2.3. Side yard 50 feet 6.5.3. Interior lot lines: 6.5.3.1. Front yard (where applicable) 50 feet

6.5.3.2. Rear yard 50 feet 6.5.3.3. Side yard 10 feet




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SECTION 6.7. Off-Street Parking and Loading Space Requirements.

Spaces for off-street parking and provisions for loading and unloading spaces shall be provided in accordance with the provisions of Chapter 17.

SECTION 6.8. Signs.


CHAPTER 7 R-2 MULTI-FAMILY RESIDENTIAL DISTRICT


The R-2 Multi-family Residential District is intended to permit an intermixture of dwellings types, to provide for different aesthetic categories of dwellings, to provide for higher residential densities than R-1 Single Family Residential Districts, and to situate these uses where public and commercial facilities and services are available.

SECTION 7.2. Permitted Uses

7.2.1. Any use permitted in a R-1 Single Family Residential District.

7.2.2. Two family dwellings (duplexes); each unit shall meet the minimum lot size requirements of this Chapter.

SECTION 7.3. Conditional Uses Subject to the Approval of the Board of

Commissioners: 7.3.1. Any conditional use allowed in a R-1 Single Family Residential District. 7.3.2. Single family attached dwellings, including townhouses, not to exceed seven

(7) dwelling units per acre, provided each dwelling is located upon its own lot with a minimum lot size of two thousand seven hundred (2,700) square feet and fronts on a public right-of-way.

7.3.3. Multi-family Condominiums, provided that the condominium fronts on a

public right-of-way and meets all applicable provisions of the Georgia


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Condominium Act, O.C.G.A. §44-3-70, et. seq.. at a density no greater than ten (10) units per acre and located on public sewer.

7.3.4. Multi-family dwellings located on public sewer at a density no greater than ten

(10) units per acre.

SECTION 7.4. Lot and Area Requirements. Lot and area requirements set out in this section, except those provided elsewhere in this Chapter for specific uses, shall be met for all construction and land uses. The Twiggs County Health Department may require greater lot or area standards than those imposed in this section pursuant to other County or State laws. 7.4.1. Minimum Lot Area: 7.4.1.1. With septic tank and well 43,560 sq. ft. 7.4.1.2. With septic tank 15,000 sq. ft. 7.4.1.3. With public sewer 12,000 sq. ft.

7.4.2. Minimum lot width at building line:

7.4.2.1. With septic tank and well 150 feet 7.4.2.2. With septic tank 100 feet 7.4.2.3. With public sewer 75 feet


SECTION 7.5. Yard Requirements (building setback distance).

Except as provided for elsewhere in this chapter, the following minimum building setback distance requirements shall be provided for all buildings or structures as measured from: 7.5.1. Arterial and collector street right-of-way lines:




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7.5.2.3. Side yard 50 feet 7.5.3. Interior lot lines: 7.5.3.1. Front yard (where applicable) 50 feet 7.5.3.2. Rear yard 50 feet 7.5.3.3. Side yard 10 feet

SECTION 7.6. Building Height Requirements. The maximum permitted height for buildings and structures shall be thirty-five (35) feet, except as provided for in Section 4.5.


SECTION 7.8. Signs. Signs as allowed in this zoning district shall comply with the provisions of Chapter 20.

CHAPTER 8 R-MH MANUFACTURED HOME RESIDENTIAL DISTRICT


The R-MH Manufactured Home Residential District is intended to provide adequate locations and densities for manufactured home communities, individual manufactured homes, and other uses allowed by this Chapter.

SECTION 8.2. Permitted Uses. 8.2.1. Single-family detached dwellings and modular homes. 8.2.2. Manufactured homes provided the requirements of Section 18.4 are met.


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8.2.3. Accessory buildings, structures and uses. 8.2.4. Home swimming pool, provided the location is not closer than ten (10) feet to

any property line and the pool is enclosed by a wall or fence as required by Section 4.10.2.

8.2.5. Agriculture, forestry, livestock, and poultry production, provided that the operation is conducted on lot of land greater than five (5) acres in area and that no structure containing poultry or livestock and no storage of manure or odor or dust producing substance or use shall be located within two hundred (200) feet of a property line.

8.2.6. Home offices and occupations.

SECTION 8.3. Conditional Uses Subject to Approval of Board of Commissioners. 8.3.1. All Conditional uses allowed in a R-1 Single Family Residential District;

8.3.2. Manufactured home communities, provided that the regulations in Section

18.3 are met.

SECTION 8.4. Lot and Area Requirements. Lot and area requirements set out in this section, except those provided elsewhere in this Chapter for specific uses, shall be met for all construction and land uses. The Twiggs County Health Department may require greater lot or area standards than those imposed in this section pursuant to other County or State laws. 8.4.1. Minimum Lot Area: 8.4.1.1. With septic tank and well 43,560 sq.ft. 8.4.1.2. With septic tank 25,000 sq.ft. 8.4.1.3. With public sewer 15,000 sq.ft. 8.4.2. Minimum lot width at building line: 8.4.2.1. With septic tank and well 150 feet 8.4.2.2. With septic tank 100 feet 8.4.2.3. With public sewer 85 feet


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SECTION 8.5. Yard requirements (building setback distance). Except as provided for elsewhere in this chapter, the following minimum building setback distance requirements shall be provided for all buildings or structures as measured from: 8.5.1. Arterial and collector street right-of-way lines: 8.5.1.1. Front yard 60 feet

8.5.1.2. Rear 60 feet 8.5.1.3. Side yard 60 feet








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CHAPTER 9 C-1 NEIGHBORHOOD SERVICE COMMERCIAL


The purpose of this district is to provide convenient shopping facilities consisting of convenience goods and personnel services in a neighborhood market area. This district is intended to serve the daily or frequent trade or service needs of the immediate surrounding populations. No use shall be allowed to have on premise consumption of alcoholic beverages.

SECTION 9.2. Permitted Uses.

Neighborhood commercial uses as defined in Section 2.3.65 are permitted, provided that no more than ten (10) employees are employed during any one shift and that there be no manufacturing, repair or fabrication of any product or goods sold on the premises. Accessory buildings, structures and uses shall be considered a permitted use. The following uses shall be considered a neighbor commercial use: 9.2.1. Convenience food stores including the sale of gasoline and fast food.

9.2.2. Variety and dry good stores. 9.2.3. Barber and beauty shops.

9.2.4. Specialty food stores, grocery stores, meat markets, but not Supermarkets. 9.2.5. Art, craft and antique shops. 9.2.6. Bakery. 9.2.7. Book, stationary, camera and news stands. 9.2.8. Confectionery stores. 9.2.9. Florist and gift shops. 9.2.10. Hardware and paint stores. 9.2.11. Drug Stores.


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9.2.12. Beverage stores, including the sale of alcohol beverages. 9.2.13. Any use similar to those listed in Sections 9.2.1 – 9.2.12 above.

SECTION 9.3. Conditional Uses Approved by the Board of Commissioners:

9.3.1. Restaurants, without the sale of alcoholic beverages. 9.3.2. Medical and professional offices. 9.3.3. Kindergartens, play schools and day care centers. 9.3.4. Laundry and dry cleaner pick up stations. 9.3.5. Pet shops and grooming establishments.

SECTION 9.4. Lot and Area Requirements. Except for uses provided for elsewhere in this Chapter, the lot and area requirements set out in this section, or as may be required by the Twiggs County Health Department, shall be met for all construction and land uses: 9.4.1. Minimum Lot Area: 9.4.1.1. With septic tank and well 43,560 sq.ft. 9.4.1.2. With septic tank 15,000 sq.ft.

9.4.1.3. With public sewer 3,500 sq.ft. 9.4.2. Minimum lot width at building line:

9.4.2.1. With septic tank and well 150 feet

9.4.2.2. With septic tank 100 feet 9.4.2.3. With public sewer 30 feet


SECTION 9.5. Yard Requirements (building setback distance).

Lot and area requirements set out in this section, except those provided elsewhere in this Chapter for specific uses, shall be met for all construction and land uses. The


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Twiggs County Health Department may require greater lot or area standards than those imposed in this section pursuant to other County or State laws. 9.5.1. Arterial and collector street right-of-way lines:







SECTION 9.8. Signs.


CHAPTER 10 C-2 GENERAL BUSINESS DISTRICT


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SECTION 10.1. Purpose and Intent. The general business district is intended to provide adequate space for various types of general business uses, including the retailing of major goods and services of large scale, automotive and other types of more intensive commercial activities involving non-industrial use of chemicals, outdoor displays, sales and storage and establishments that rely on highway oriented passerby traffic.

SECTION 10.2. Permitted Uses. 10.2.1. All uses permitted in a C-1 Neighborhood Service Commercial District. 10.2.2. Automated car washes, as accessory to convenient stores with retail gasoline

sales. 10.2.3. Banks and financial institutions, including drive-ins, drive-through and

automatic teller facilities and accessory uses. 10.2.4. Churches, temples, synagogues and places of worship. 10.2.5. Clubs, lodges, fraternal institutions and other places of public assembly for

membership groups both non-profit or for profit. 10.2.6. Clothes pressing, repair, sale and rental. 10.2.7. Day care centers. 10.2.8. Office, business, medical, professional, insurance and real estate office. 10.2.9. Personal services such as dry cleaning, small appliance repair, lock smith

shops, and tailor shops. 10.2.10. Photography shops and studios. 10.2.11. Printing, copying and reproduction services. 10.2.12. Public buildings and uses.. 10.2.13. Appliance and small goods rental and sales stores.


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10.2.14. Restaurants and snack bars, without the sale of alcoholic beverages. 10.2.15. Schools, public and private; kindergarten, elementary and secondary; and

public and private vocational schools, colleges and universities.

Section 10.3. Conditional Uses Approved by the Board of Commissioners: 10.3.1. Amphitheaters, auditoriums and stadiums. 10.3.2. Animal hospitals and veterinarian clinics, kennels and pet grooming. 10.3.3. Automobile, boat, truck, motorcycle, bicycle and other vehicle rental, repair,

service and sales. 10.3.4. Billiard halls, pool rooms and amusement arcades. 10.3.5. Boarding and rooming houses.

10.3.6. Bowling alleys. 10.3.7. Building materials, sales and lumber yards and similar establishments. 10.3.8. Bus passenger stations. 10.3.9. Flea markets. 10.3.10. Funeral homes, mortuaries and mausoleums. 10.3.11. Garden supply centers, greenhouses and landscaping services. 10.3.12. Hospitals and clinics. 10.3.13. Hotels and motels. 10.3.14. Mini warehouse and mini storage facilities. 10.3.15. Manufactured home and portable building sales. 10.3.16. Multi-family dwellings subject to the requirements of Section 7.3.4.


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10.3.17. Public auction facilities. 10.3.18. Radio and television studios. 10.3.19. Theaters, indoor. 10.3.20. Truck stops and truck terminals. 10.3.21. Recreational, Commercial. 10.3.22. Shopping Centers.

SECTION 10.4. Lot and Area Requirements. Lot and area requirements set out in this section, except those provided elsewhere in this Chapter for specific uses, shall be met for all construction and land uses. The Twiggs County Health Department may require greater lot or area standards than those imposed in this section pursuant to other County or State laws. 10.4.1. Minimum Lot Area: 10.4.1.1. With septic tank and well 43,560 sq.ft. 10.4.1.2. With septic tank 15,000 sq.ft. 10.4.1.3. With public sewer 3,500 sq.ft.

10.4.2. Minimum lot width at building line: 10.4.2.1. With septic tank and well 150 feet 10.4.2.2. With septic tank 100 feet 10.4.2.3 With public sewer 30 feet 10.4.3. Maximum lot coverage (percentage) 50%

SECTION 10.5. Yard Requirements (building setback distance). Except as provided for elsewhere in this chapter, the following minimum building setback distance requirements shall be provided for all buildings or structures as measured from:


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10.5.1. Arterial and collector street right-of-way lines: 10.5.1.1. Front yard 60 feet 10.5.1.2. Rear yard 60 feet 10.5.1.3. Side yard 60 feet 10.5.2. Minor street right-of-way lines: 10.5.2.1. Front yard 50 feet 10.5.2.2. Rear yard 50 feet 10.5.2.3. Side yard 50 feet 10.5.3. Interior lot lines: 10.5.3.1. Front yard (where applicable) 50 feet 10.5.3.2. Rear yard 50 feet 10.5.3.3. Side yard 10 feet




CHAPTER 11 I-G GENERAL INDUSTRIAL DISTRICT


The industrial district is established for the purpose of reserving certain areas with relatively level topography, adequate water and sewerage facilities, and access to


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arterial streets for industrial operations; and to provide, through conditional use permits, for those manufacturing and industrial uses which include, but are not limited to, uses that are characterized by excessive emission of heat, glare, noise, vibration, smoke, dust, gas, fumes, odors, radiation and those that create fire and explosion hazards and other nuisance or undesirable conditions.

SECTION 11.2. Permitted Uses. 11.2.1. Accessory buildings, structures and uses. 11.2.2. Any retail or retail service or repair establishment. 11.2.3. Automobile repair garages. 11.2.4. Bus stations. 11.2.5. Theaters, indoor and outdoor, provided there shall be not less than 200 feet

of sight distance at any exit to a arterial or collector street and provided that there shall be off-street storage space to accommodate waiting automobiles at the ratio of one (1) space for each three (3) theater accommodations for outdoor theaters.

11.2.6. Hotels, motels or tourist courts. 11.2.7. Public and semi-public buildings and uses. 11.2.8. Office and office buildings. 11.2.9. Radio and television studios. 11.2.10. Storage yards, provided there is a landscaping or fencing buffer on all sides. 11.2.11. Truck terminals and distribution centers. 11.2.12. Veterinarian offices and hospitals. 11.2.13. Wholesaling and warehousing. 11.2.14. Blueprinting and printing establishments.


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11.2.15. Building material and other outside storage yards, provided that there is a landscaping or fencing buffer on all sides of any storage yard.

11.2.16. Cabinet shops. 11.2.17. Dry cleaning plants. 11.2.18. Machine or welding shops.

11.2.19. Mini warehouses and mini storage facilities. 11.2.20. Soft drink bottling and distributing plants. 11.2.21. Recreational, Public and Commercial. 11.2.22. Manufacture of any product not listed as conditional use. 11.2.23. Extraction or removal of sand, clay, kaolin or other associated minerals

subject to obtaining approval from the Georgia Department of Natural Resources.

11.2.24. Lumber yards, planning and saw mills. 11.2.25. Any commercial or industrial uses similar in nature to those listed in

Sections 11.2.1. to 11.2.24.

SECTION 11.3. Conditional Uses Subject to Approval by the Board of Commissioners:

11.3.1. Acid manufacturing and storage.

11.3.2. Armories. 11.3.3. Asphalt storage or manufacture. 11.3.4. Cement, lime, gypsum or plaster of paris manufacture. 11.3.5. Ceramic production. 11.3.6. Concrete, cement, clay, mortar and plaster production.


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11.3.7. Feed grain or fertilizer manufacture or storage including grain elevators. 11.3.8. Food processing plants, including fish and poultry facilities.

11.3.9. Foundry and forging plants.

11.8.10. Junkyards, with site plan approval by the Board of Commissioners, including, but not limited to landscape buffers and fencing on all property boundaries. No junkyard shall have frontage on a State or Federal highway.

11.3.11. Lumber yards, planing and sawmills. 11.3.12. Petroleum refining and storage. 11.3.13. Recycling centers and materials recovery facilities. 11.3.14. Septic tank cleaning services. 11.3.15. Smelting of any ores. 11.3.16. Slaughter houses and stock yards. 11.3.17. Airport and landing fields.

11.3.18. Commercial incinerators, including but not limited to, those handling

garbage and medical waste.

11.3.19. Manufacturing, processing or storage in bulk of chemical and pharmaceutical products.

11.3.20. Manufacture and storage of gas, including but not limited to butane,

propane, chlorine or other toxic, noxious or pyrophoric gases.

11.3.21. Racetracks subject to section 18.9. 11.3.22. Rendering plants.

11.3.23. Rifle, pistol and skeet ranges.


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11.3.24. The following activities and uses are allowed subject to Sections 18.15 and 24.3.1: 11.3.24.1. Biomedical Waste Facility; 11.3.24.2. Hazardous Waste Facility; 11.3.24.3. Land Spreading, Spraying or Applying Sewage Sludge on the ground. 11.3.24.4. Materials Recovery Facility; 11.3.24.5. Municipal Solid Waste Disposal Facility; 11.3.24.6. Municipal Solid Waste Landfill; 11.3.24.7. Private Industry Solid Waste Disposal Facility; and 11.3.24.8. Solid Waste Handling Facility.


Lot and area requirements set out in this section, except those provided elsewhere in this Chapter for specific uses, shall be met for all construction and land uses. The Twiggs County Health Department may require greater lot or area standards than those imposed in this section pursuant to other County or State laws. 11.4.1. Minimum Lot Area: 11.4.1.1. With septic tank and well 43,560 sq.ft. 11.4.1.2. With septic tank 25,000 sq.ft. 11.4.1.3. With public sewer 10,000 sq.ft. 11.4.2. Minimum lot width at building line: 11.4.2.1. With septic tank and well 150 feet 11.4.2.2. With septic tank 100 feet 11.4.2.3 With public sewer 75 feet 11.4.3. Maximum lot coverage (percentage) 50%

SECTION 11.5. Yard Requirements (building setback distance). Except as provided for elsewhere in this chapter, the following minimum building setback distance requirements shall be provided for all buildings or structures as measured from:


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11.5.1. Arterial and collector street right-of-way lines:

11.5.1.1. Front yard. 60 feet 11.5.1.2. Rear yard 60 feet 11.5.1.3. Side yard 60 feet



11.5.3. Interior lot lines: 11.5.3.1. Front yard (where applicable) 50 feet 11.5.3.2. Rear yard 50 feet 11.5.3.3. Side yard 10 feet




SECTION 11.8. Signs.


CHAPTER 12 PUD PLANNED UNIT DEVELOPMENT DISTRICT


The purpose of this district is to offer design flexibility in the development of land consistent with the Comprehensive Plan; to promote safe, healthy, and harmonious


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development actives; and to encourage a more efficient use of land which reflects changes in technology and economics of land development so that resulting economies may accrue to the benefit of the county at large.

SECTION 12.2. Eligibility Requirements for Planned Development Districts. Before rezoning to a Planned Development District, the Board of Commissioners shall find that the following conditions exist: 12.2.1. The site to be rezoned must consist of twenty (20) acres; 12.2.2. More than one principal use of land which would not be permitted to locate

within the same district, excluding R-Ag, are proposed for development on a parcel under one ownership or unified control;

12.2.3. Development standards contained elsewhere in these regulations would not

permit the proposed development, and 12.2.4. Such development would not have a deleterious impact on adjacent

property.

SECTION 12.3. Submission Requirements. The following information shall be submitted:

12.3.1. A graphic representation of existing topography, vegetation, flood plains,

water bodies and areas of historic significance. 12.3.2. A statement and analysis demonstrating the manner in which the proposed

development will result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories.

12.3.3. Statements relating to proposed deed restrictions and management of

proposed common or quasi-public areas.

12.3.4. A list of proposed development standards consisting at a minimum of lot size, setbacks, lot width, maximum lot coverage, building heights and distance between buildings.


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12.3.5. A site plan of the proposed development meeting the requirements of Section 12.4.

12.3.6. Typical building elevations.

SECTION 12.4. Requirements for Site Plan. Each site plan shall include the following requirements (if not previously incorporated within the conceptual plan): 12.4.1. Include all of the information required for the submission of a preliminary

subdivision plan, as set forth in Chapter 21 of this Ordinance; 12.4.2. Include a grading plan, showing the existing topography and proposed

grading of the site at contour intervals of not more than five (5) feet; 12.4.3. Show water runoff drawings, calculations, and plans for soil erosion and

sedimentation control, both during and after construction; 12.4.4. Show existing vegetation, tree line, and other natural features, rock

outcroppings, bodies of water and watercourses, and the hundred-year floodplain;

12.4.5. Show location, height, ground coverage, and use of all structures and location

and areas of open spaces, parking facilities and areas dedicated to public spaces. Calculations of building coverage, numbers of parking spaces, and areas devoted to open spaces shall also be indicated;

12.4.6. Show all utility service lines, and all easements and rights-of-way, existing or

proposed; 2.4.7. Show adjacent highways and streets serving the site; 12.4.8. Show the location, dimensions, and grades of all roads, streets, driveways,

parking facilities, loading areas, points of access surrounding streets, and pedestrian walks and pathways;

12.4.9. Show typical architectural elevations for proposed buildings; 12.4.10. Show, for each residential structure, the number and type of dwelling units;


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12.4.11. Floor areas of all nonresidential buildings shall be shown; 12.4.12. Contain a landscaping and screening plan, showing all man-made features

and the location, size, and species of all planting materials; 12.4.13. Contain an exterior lighting plan, covering all parking areas, driveways, and

pedestrian ways, and including the height, number, and type of fixtures to be installed;

12.4.14. Show the location of all public schools, parks, and other community

recreational facilities, indicating the location and use of all land to be dedicated to public use;

12.4.15. Provide documents indicating in detail the manner in which any land

intended for common or quasi-public use, but not proposed to be in public ownership, will be held, owned, and maintained in perpetuity for the indicated purposes;

12.4.16. If a detailed site plan is one of a number of detailed site plans within a

planned development, each detailed site plan shall show how it is related to and coordinated with other detailed site plans, either completed, under construction, or yet to be submitted; and

12.4.17. Contain any additional information which may be required by the Board of

Commissioners in order to enable it to evaluate the detailed site plan.

SECTION 12.5. Binding Nature of Rezoning to Planned Development District.

12.5.1. All terms, conditions, safeguards, and stipulations made or imposed at the time of rezoning to a planned development district shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard without Board of Commissioners approval shall constitute a violation of this Ordinance. Any proposed amendment, change, or deviation from the approved developments must be approved by the Board of Commissioners under Conditional Use Procedures contained in Chapter 24.

12.5.2. Where a planned development project is proposed in phases and the Board

of Commissioners finds that the development of all phases is necessary for the


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development of any part to be approved, the Board of Commissioners may require that the applicant agree to the following.

12.5.2.1. Proceed with the proposed development according to the provisions of this

Ordinance and the proposed development plan for the area and such conditions as may be attached to the rezoning of the land to a planned development district;

12.5.2.2. Provide agreements, contracts, deed restrictions, and sureties acceptable to

the Board of Commissioners for completion of the development according to the plans approved at the time of rezoning to Planned Development and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and

12.5.2.3. Bind their successors in title to any commitments made under Sections

12.5.2.1 and 12.5.2.2. All such agreements and evidence of unified control shall be examined by the county attorney and no rezoning of land to a planned development classification shall be adopted without a certification by the county attorney that such agreements and evidence of unified control meet the requirements of this Ordinance.

CHAPTER 13

BE BASE ENVIRONS OVERLAY DISTRICT

SECTION 13.1. Purpose and Intent. The purpose of this district is to protect the public, safety, and welfare by regulating development and land use within noise sensitive areas and accident potential areas; and to ensure compatibility between surrounding land uses and Robins Air Force Base. The Base Environs Zoning District (BE) shall serve as an overlay district that applies additional standards and requirements to properties located within an underlying zoning district. Proposed developments located within this zoning district shall comply with these requirements and the requirements of the underlying zoning district and any other overlay districts that apply to lands within this zone. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.


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SECTION 13.2. Definitions. The following definitions shall be used to interpret the terms used in this Chapter. 13.2.1. “Accident Potential Zone (APZ)”: The geographic area that is determined by

the RAFB Air Installation Compatible Use Zone Study to possess a significant potential for aircraft crashes.

13.2.2. “Aircraft Noise Contours”: The geographic area that is affected by RAFB

flight operations and defined on the basis of those areas immediately affected by the 65 Ldn and greater noise exposure area from the noise zone map that is contained within the RAFB Air Installation Compatible Use Zone Study.

13.2.3. “Airport Hazard”: Any structure or object of natural growth or use of land

within an APZ or an aircraft noise contour that obstructs the air space required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to such landing or taking off of aircraft.

13.2.4. “Day-Night Sound Level (Ldn)”: A cumulative aircraft noise index that

estimates the exposure to aircraft noise at a certain geographic point and relates the estimated exposure to an expected community response.

13.2.5. “Ldn Contour”: A line linking together a series of points of equal cumulative

noise exposure based on the Ldn metric. These contours are developed based on the Ldn metric, and are defined by aircraft flight patterns, the number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft, and typical runway usage patterns.

13.2.6. “Structure”: Any object, whether permanent, temporary, or mobile,

including, but not limited to, a building, tower, crane, smokestack, earth formation, transmission line, flagpole, or sign.

SECTION 13.3. Sub-districts.

The Base Environs Zoning District (BE) is subdivided into five sub-districts that represent the differing levels of noise impact and aircraft accident potential. The geographic location of these sub-districts is indicated on Twiggs County Zoning Map. The five zones are the following:


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Sub-district A. Includes the area within the 65 Ldn to 70 Ldn aircraft noise contours surrounding RAFB (BE-A). Sub-district B. Includes the area within the 70 Ldn to 75 Ldn aircraft noise contours (BE-B) surrounding RAFB. Sub-district C. Includes the area within the 75 Ldn and greater aircraft noise contours surrounding RAFB. (BE-C) Sub-district D. Includes the area within RAFB APZ I (BE-D). Sub-district E. Includes the area within RAFB APZ II (BE-E). The boundaries of the Base Environs Zoning District (BE) and its sub-districts, as adopted herein, shall be reviewed and amended whenever RAFB updates or amends its aircraft noise contour maps and/or AICUZ Study. It shall be the responsibility of RAFB to notify Twiggs County of any such update or amendment and to provide a copy of same to Twiggs County. Copies of the current aircraft noise contour maps and AICUZ Study shall be on file and open to public inspection in the Zoning Enforcement Officer’s office and at the RAFB Civil Engineer’s Office.

SECTION 13.4. Application of these Regulations. Within the Base Environs Zoning District (BE), any proposed use or structure is subject to review as described herein and shall be evaluated relative to the standards and requirements provided for herein.

SECTION 13.5. Exemptions. The provisions of these regulations shall not be deemed applicable to the following when permitted in the underlying district: 13.5.1. Existing Uses. Uses existing on the effective date of these regulations shall

not be required to change in order to comply with the requirements specified herein. The nonconforming use requirements of these regulations shall apply to the future applicability of the standards and requirements contained herein.

13.5.2. Temporary Uses. Temporary uses, including but not limited to public

celebrations and outdoor entertainment events, so long as the period of


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operation does not exceed five (5) days in any one (1) year period. A variance may be requested to extend the time period for a temporary use.

13.5.3. Temporary Structures. Temporary buildings and structures that are not used

for residential purposes and that meet said applicable requirements as contained within this Ordinance, so long as such uses and associated structures are constructed incidental to a permitted use (as per the requirements of this Ordinance), do not generate excessive glare or electrical emissions that could interfere with standard RAFB aircraft operations, and do not exceed the applicable height restrictions contained in these regulations.

13.5.4. Agricultural Structures. Bona fide agricultural buildings, structures,

improvements, and associated nonresidential developments, provided such structures do not exceed the applicable height restrictions contained in these regulations.

13.5.5. Accessory Uses and Structures. Accessory uses and structures incidental to a

permitted principal structure or use and within the intent, purposes, or objectives of these regulations.

SECTION 13.6. Development Standards.

The following development standards shall apply to all proposed used and structures. 13.6.1. Proposed Uses and Structures. Table13-A, Land Use Compatibility

Standards, contained herein, identifies development standards that apply to proposed uses and structures within the Base Environs Zoning District (BE). All proposed uses and structures must comply with these standards.

13.6.2. Interior Day-Night Average Noise Level (Ldn). All proposed uses and

structures must comply with the Noise Level Reduction (NLR) standards as provided in Table 13A. Compliance with NLR requirements shall be evidenced prior to iissssuuaannccee of an Occupancy Permit.

13.6.3. Flammable/Hazardous Substance Storage. Above ground storage of

flammable or explosive substances within Sub-districts D and E of the Base Environs Zoning District (BE) shall be prohibited. All underground storage tanks containing flammable or explosive substances shall be double-lined.


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13.6.4. Lighting and Glare. No development within the Base Environs Zoning District (BE) may produce or reflect light in a sufficient intensity or manner that would make it difficult for pilots to distinguish between airport lights and other light sources, result in glare in the eyes of pilots using the base airport, or otherwise impair visibility in the vicinity of the base. All proposed light sources that could conflict with this requirement (except structure lighting required under FAR Part 772) shall be properly shielded or directed away from a pilot’s field of vision.

13.6.5. Electrical Emissions or Interference. No development within the Base

Environs Zoning District (BE) may create or result in electrical interference with navigational signals or radio communication between RAFB and aircraft operating within the affected areas.

13.6.6. Air Emissions. No development within the Base Environs Zoning District

(BE) may emit smoke or particulate matter which, in sufficient quantities or concentrations, would impair pilot visibility in the vicinity of the base or clog aircraft engines.

13.6.7. Noise. No development within Sub-districts A, B, and C of the Base

Environs Zoning District (BE) may produce noises that would increase average day/night noise levels beyond the boundaries of the development property by more than three (3 db) decibels. Where field testing is necessary to determine compliance with this requirement, it shall be conducted and paid for by the applicant.

SECTION 13.7. Notice to Purchasers.

The Zoning Enforcement Officer may provide a notice to all applicants for any development-related permit, informing the applicant that the respective property is located, either partially or wholly, within the Base Environs Zoning District (BE) and may be subject to aircraft over flight.

SECTION 13.8. Plat Notice. A notice shall be placed on all final subdivision plats for properties located within the Base Environs Zoning District (BE) that states the following: Noise/Air Hazard Warning. This property, either partially or wholly, lies within the noise exposure/accident potential area of


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RAFB and is subject to noise and/or aircraft accident potential that may be objectionable.

SECTION 13.9. Development Review. The zoning compliance process of this Ordinance shall apply to the Base Environs Zoning District (BE), with the following additions. 13.9.1. RAFB Civil Engineer’s Office Review. A copy of an application for zoning

compliance under the BE District, including the development plan, shall be provided, within five (5) days of submittal by the applicant, by the Zoning Enforcement Officer to the staff of RAFB for any development located in Sub-districts C, D, and E. The staff of RAFB shall provide a written recommendation to the Zoning Enforcement Officer within ten (10) days of receipt. Where a development application satisfies the criteria for review as a Development of Regional Impact, the MGRDC shall be responsible for submitting a copy of the application to the RAFB Civil Engineer’s Office in accordance with Section 13.9.2. below.

13.9.2. Developments of Regional Impact Review. Any development application which exceeds the applicable threshold criteria for Developments of Regional Impact (DRI) shall be submitted to the Middle Georgia Regional Development Center for review. The Zoning Enforcement Officer shall submit a completed DRI Review form and two complete copies of the application to the MGRDC. Where DRI is required, the MGRDC shall provide a copy of the application to the RAFB Civil Engineer’s office in accordance with the DRI review procedures. No local approval of a DRI within the Base Environs Zoning District shall be granted prior to completion of the required regional review.

SECTION 13.10. Preliminary Plan Requirements.

An applicant shall submit a preliminary plan in accordance with the applicable requirements of these regulations for any development application that satisfies the special review requirements in Section 13.9 above. The Zoning Enforcement Officer may require the applicant to submit any or all of the items specified below, if the additional information is necessary to ensure compliance with the development standards in Section13.6 above.


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13.10.1. Ldn NoIse Contour and APZ Boundaries. The applicant may be required to delineate on the preliminary plan the boundaries of any Sub-district Boundary of the BE District, if the location of the aforementioned boundaries with respect to the proposed development site or proposed structure locations is in question. All maps prepared to show the location of these boundaries shall be drawn to a scale designated by the Zoning Enforcement Officer.

13.10.2. Location of Structures. The applicant may be required to delineate the placement of all existing and proposed buildings and structures, including any existing or proposed tree stands.

13.10.3. Specification of Uses.. The applicant may be required to specify the

proposed uses to occur within each structure or activity area of the development site.

13.10.4. Narrative Description. The applicant may be required to prepare a

narrative describing the location of the site, its total acreage, existing character and use; the concept of the proposed development or use, such as proposed residential density, and the relation of the proposed development plan to the Comprehensive Plan.

SECTION 13.11. Development Review Criteria.

The preliminary plan described in 13.10. shall be reviewed and evaluated using, at a minimum, the following criteria: 13.11.1. Proposed Uses. All elements of the proposed development shall be

consistent with Table 13-A, Land Use Compatibility Standards. 13.11.2. Siting. Buildings and structures should be located the greatest distance from

the noise source, taking maximum advantage of existing topographical features to minimize noise impact, and within zoning district requirements, such as required setbacks. Buildings and structures should be oriented to minimize exposure to the noise source, and building openings, such as windows, should be located away from the noise source.

13.11.3. Passive Outdoor Recreation Space. The amount of passive outdoor

recreational space where individuals would be subject to noticeable or severe levels of noise should be minimized. Landscaping materials should be used to deflect noise.


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SECTION 13.12. Variances.

Any applicant wishing to erect a new structure or construct a development that is not in compliance with the regulations prescribed in these regulations may apply to the Board of Commissioners for a variance. Variances for prohibited land uses and/or applicable sound insulation requirements are not permitted. The application for variance must be submitted in the form and manner specified in these regulations, and it must be accompanied by a written determination from the Federal Aviation Administration and the RAFB Civil Engineer’s Office stating that appropriate mitigation measures will be taken by the applicant to prevent any negative impacts on safe navigation within the protected air space surrounding RAFB. Such variances shall be issued only where it is duly determined that a literal application or enforcement of these regulations will result in unnecessary hardship, and the relief granted will not be contrary to the public interest , will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit and intent of these regulations. In addition, the Board of Commissioners may solicit the testimony of a qualified professional, at the expense of the applicant, to evaluate the proposed development plans and issue any professional findings or opinions that would assist the Board of Commissioners in reaching a decision regarding the variance request. The selection of a qualified professional shall be done by the Board of Commissioners.

TABLE 13-A LAND USE COMPATIBILITY STANDARDS IN

BASE ENVIRONS (BE) ZONING DISTRICT

_______Subdistrict_______ LAND USE A B C D E Residential Single-and Two-family, and Multi-family Y1 N N N Y4 Manufactured Housing, Mobile Homes N N N N Y4 Motels, and Lodges Y2 Y3 N N N All Other Residential Y1 Y1 N N N Commercial Retail (general merchandise/food) Y Y2 N N N Wholesale Trade Y Y2 Y3 N Y5 Business Services Y Y2 N N Y5 Personal Services Y Y2 N N Y5


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Automotive/Machine Repair & Service Y Y2 Y3 N Y5 Bldg. Materials, Auto/Marine Equip./Sales Y Y2 Y3 N Y5 Offices/Professional Services Y Y2 N N Y5 All Other Commercial Y Y2 N N N Manufacturing/Industrial Metal Fab., Warehousing, Distribution Y Y2 Y3 N Y5 Parking Facilities Y Y2 N Y6 Y Waste Incinerator N N N N N Waste Disposal Sites (public or private) N N N N N Mining & Resource Extraction Y Y Y Y8 Y All Other Manufacturing Y Y2 N N N Public and Semi-Private Hospitals, Nursing Homes Y2 Y3 N N N Other Medical Facilities Y Y2 N N N Educational Facilities Y2 Y3 N N N House of Worship, Public Assembly Y2 Y3 N N N Government Facilities Y Y2 N N N Parks, Recreation Y Y2 N Y5 Y5 All Other Public and Semi-Public Y Y2 N N Y5 All Other Uses Y Y2 Y7 Y7 Y7 ________________ All notes to this table are contained on the following page. Notes to Table 13-A: Y Land use is permitted. N Land use is prohibited. 1. Interior Noise Level Reduction of 25 db is required in District A and 30 db in District B. 2. Interior Noise Level Reduction of 25 db is required for all areas where the public is received, office areas, noise-sensitive areas, or where the normal noise level is low.


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3. Interior Noise Level Reduction of 30+ db is required for all areas where the public is received, office areas, noise-sensitive areas, or where the normal noise level is low. 4. Single-family homes on lots not less than one (1) acre in area. No additional

residential uses permitted. All residences in this area must also comply with all applicable interior noise reduction requirements.

5. Low intensity uses with low pedestrian traffic only. Average population density

should not exceed twenty-five (25) persons per hour during a twenty-four (24) hour period, but not to exceed fifty (50) persons in any one (1) hour. No auditoriums or conference facilities are permitted.

6. No more than one hundred (100) parking spaces. 7. Agriculture/forestry and all other open space uses. The requirements in Note

8 below shall also apply to these uses when located within Sub-district D (APZ I).

8. No storage or office structures and no storage of explosive or flammable

materials within APZ I.

CHAPTER 14 FDP FLOOD DAMAGE PREVENTION OVERLAY DISTRICT

This district shall be considered an overlay district with the underlying district governing land use. SECTION 14.1. Statutory Authorization, Findings of Fact, Purpose and Objectives. By the authority given the Board of Commissioners of Twiggs County by the State of Georgia, these regulations are adopted to protect life and property from the dangers of flood hazards that exist during times or periodic flooding of rivers and streams within the unincorporated area of Twiggs county. 14.1.1. Statutory Authorization. The Legislature of the State of Georgia has in

Georgia Code Annotated, Article IX, Section II, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Commissioners of Twiggs County, Georgia, does ordain as follows:


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14.1.2. Findings of Fact

14.1.2.1. The flood hazard areas of Twiggs County, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

14.1.2.2. These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

14.1.3. Statement of Purpose. It is the purpose of this Ordinance to promote the

public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

14.1.3.1. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

14.1.3.2. restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

14.1.3.3. control filling, grading, dredging and other development which may increase flood damage or erosion, and; 14.1.3.4. prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; 14.1.3.5. control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.

14.1.4. Objectives. The objectives of this Ordinance are:


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14.1.4.1. to protect human life and health; 14.1.4.2. to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 14.1.4.3. to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, 14.1.4.4. to minimize expenditure of public money for costly flood control projects; 14.1.4.5. to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 14.1.4.6. to minimize prolonged business interruptions, and; 14.1.4.7. to insure that potential home buyers are notified that property is in a flood area.

SECTION 14.2. General Provisions.

14.2.1. Lands to Which This Ordinance Applies. This Ordinance shall apply to all

Areas of Special Flood Hazard within the jurisdiction of the unincorporated area of Twiggs County, Georgia.

14.2.2. Basis for Area of Special Flood Hazard. The Areas of Special Flood Hazard

identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Rate Map (FIRM), dated March 18, 1996 are adopted by reference and declared a part of this Ordinance. Areas of Special Flood Hazard identified in any Flood Insurance Study (FIS) prepared by FEMA at some subsequent date are also adopted by reference and declared a part of this Ordinance including accompanying maps and other supporting data. Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS.


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14.2.3. Establishment of Zoning Permit. A Zoning Permit shall be required in conformance with the provisions of this Ordinance PRIOR to the commencement of any development activities.

14.2.4. Compliance. No structure or land shall hereafter be located, extended,

converted or altered without full compliance with the terms of this Ordinance and other applicable regulations.

14.2.5. Abrogation and Greater Restrictions. This Ordinance is not intended to

repeal, abrogate, or impair any existing Ordinance, easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

14.2.6. Interpretation. In the interpretation and application of this Ordinance all

provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes.

14.2.7. Warning and Disclaimer of Liability. The degree of flood protection

required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Twiggs County or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

14.2.8. Penalties for Violation. Violation of the provisions of this Ordinance or

failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than FIVE HUNDRED ($500.00) DOLLARS and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Twiggs County from taking such other lawful actions as is necessary to prevent or remedy any violation.


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SECTION 14.3. Administration.

14.3.1. Designation of Administrator. The Zoning Enforcement Officer is hereby

appointed to administer and implement the provisions of this Ordinance. 14.3.2. Permit Procedures. Application for a Zoning Permit shall be made to the

Zoning Enforcement Officer on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.

Specifically, the following information is required: 14.3.2.1. Application Stage -

14.3.2.1.1. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; 14.3.2.1.2. Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; 14.3.2.1.3. Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of Section 14.4.2.2; 14.3.2.1.4. Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development, and;

14.3.2.2. Construction Stage - For all new construction and substantial improvements, the permit holder shall provide to the Zoning Enforcement Officer an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for non-residential structures, said certification shall be prepared by or


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under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to submission of these certifications shall be at the permit holder’s risk.

The Zoning Enforcement Officer shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

14.3.3. Duties and Responsibilities of the Zoning Enforcement Officer. Duties of the

Zoning Enforcement Officer shall include, but shall not be limited to:

14.3.3.1. Review all development permits to assure that the permit requirements of this Ordinance have been satisfied; 14.3.3.2. Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. 14.3.3.3. When Base Flood Elevation data or floodway data have not been provided in accordance with Section 14.2.2, then the Zoning Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Section 14.4. 14.3.3.4. Verify and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Section 14.3.2.2. 14.3.3.5. Verify and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Section 14.3.2.2.


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14.3.3.6. When flood-proofing is utilized for a structure, the Zoning Enforcement Officer shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Section 14.3.2.1.3 and Section 14.4.2.2 or Section 14.4.4.2. 14.3.3.7. Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). 14.3.3.8. For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. 14.3.3.9. Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) Zoning Enforcement officer shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance. 14.3.3.10. All records pertaining to the provisions of this Ordinance shall be maintained in the office of the Zoning Enforcement Officer and shall be open for public inspection.

SECTION 14.4. Provisions for Flood Hazard Reduction

14.4.1. General Standards. In ALL Areas of Special Flood Hazard the following

provisions are required:

14.4.1.1. New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;

14.4.1.2. New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage;


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14.4.1.3. New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage;

14.4.1.4. Elevated Buildings - All new construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.

14.4.1.4.1. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

14.4.1.4.1.1. Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

14.4.1.4.1.2. The bottom of all openings shall be no higher than one foot above grade; and,

14.4.1.4.1.3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both direction.

14.4.1.4.2. So as not to violate the “Lowest Floor” criteria of this Ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area ,and

14.4.1.4.3. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

14.4.1.5. All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

14.4.1.6. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are


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not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces.

14.4.1.7. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

14.4.1.8. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

14.4.1.9. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and;

14.4.1.10. Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this Ordinance, shall be undertaken only if the non- conformity is not furthered, extended or replaced.

14.4.2. Specific Standards. In ALL Areas of Special Flood Hazard the following

provisions are required:

14.4.2.1. New construction and substantial improvements - Where base flood elevation data are available, new construction or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 14.4.1.4, “Elevated Buildings”.

14.4.2.2. Non-Residential Construction - New construction or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one (1) foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting


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the provisions above, and shall provide such certification to the official as set forth above and in Section 14.3.3.6.

14.4.2.3. Standards for Manufactured Homes and Recreational Vehicles - Where base flood elevation data are available:

14.4.2.3.1. All manufactured homes placed or substantially improved on: (1) individual lots or parcels, (2) in new or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred “substantial damage” as the result of a flood, must have the lowest floor including basement, elevated no lower than one foot above the base flood elevation.

14.4.2.3.2. Manufactured homes placed or substantially improved in an existing manufactured home park or subdivision may be elevated so that either:

14.4.2.3.2.1. The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation, or 14.4.2.3.2.2. The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

14.4.2.3.3. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (reference Section 14.4.1.6 above)

14.4.2.3.4. All recreational vehicles placed on sites must either:

14.4.2.3.4.1. Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or


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14.4.2.3.4.2. The recreational vehicle must meet all the requirements for “New Construction”, including the anchoring and elevation requirements of Sections 14.4.2.3.1 and 14.4.2.3.3 above.

14.4.2.4. Floodway - Located within Areas of Special Flood Hazard established in Section 14.2.2, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

14.4.2.4.1. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.

14.4.2.4.2 ONLY if Section 14.4.2.4.1 above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Section 14.4.

14.4.3. Building Standards for Buildings for Streams without Established Base Flood Elevations and /or Floodway (A-Zones). Located within the Areas of Special Flood Hazard established in Section 14.2.2. where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply:

14.4.3.1. When base flood elevation data or floodway data have not been provided in accordance with Section 14.2.2, then the Zoning Enforcement Officer shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of Section 14.4. ONLY if data are not available from these


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sources, then the following provisions Sections 14.4.3.2 and 14.4.3.3 shall apply.

14.4.3.2. No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

14.4.3.3. In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 14.4.1.4 “Elevated Buildings”.

The Zoning Enforcement Officer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

14.4.4. Standards for Areas of Shallow Flooding (A) Zones. Areas of special Flood

Hazard established in Section 14.2.2, may include designated “AO” shallow flooding areas. These areas have base flood depths of one to three feet (1’-3’) above ground, with no clearly defined channel. The following provisions apply:

14.4.4.1. All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet (3) above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 14.4.1.4, “Elevated Buildings”.

The Zoning Enforcement Officer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.


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14.4.4.2. New construction or the substantial improvement of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one (1) foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in Sections 14.3.2.1.3 and 14.3.2.2.

14.4.4.3. Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

14.4.5. Standards for Subdivisions

14.4.5.1. All subdivision proposals shall be consistent with the need to minimize flood damage; 14.4.5.2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; 14.4.5.3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; 14.4.5.4. Base flood elevation data shall be provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is less.

SECTION 14.5. Variance Procedures. 14.5.1. The Board of Commissioners shall hear and decide requests for appeals or

variance from the requirements of this Ordinance. 14.5.2. The Board Of Commissioners shall hear and decide appeals when it is

alleged an error in any requirement, decision, or determination is made by the Zoning Enforcement Officer in the enforcement or administration of this Ordinance.


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14.5.3. Any person aggrieved by the decision of the Board of Commissioners may

appeal such decision as provided by law. 14.5.4. Variances may be issued for the repair or rehabilitation of Historic Structures

upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an Historic Structure and the variance is the minimum to preserve the historic character and design of the structure.

14.5.5. Variances may be issued for development necessary for the conduct of a

functionally dependent use, provided the criteria of Section 14.5.8 are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

14.5.6. Variances shall not be issued within any designated floodway if ANY increase

in flood levels during the base flood discharge would result. 14.5.7. In reviewing such requests, the Board of commissioners shall consider all

technical evaluations, relevant factors, and all standards specified in this and other sections of this Ordinance.

14.5.8. Conditions for Variances:

14.5.8.1. A variance shall be issued ONLY when there is:

14.5.8.1.1. a finding of good and sufficient cause,

14.5.8.1.2. a determination that failure to grant the variance would result in exceptional hardship, and;

14.5.8.1.3. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances.

14.5.8.2. The provisions of this Ordinance are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed


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carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

14.5.8.2. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. 14.5.8.3. The Zoning Enforcement officer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. 14.5.8.4. Upon consideration of the factors listed above and the purposes of this Ordinance, the Board of Commissioners may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.

SECTION 14.6. Definitions.

Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. 14.6.1. “Addition (to an existing building)” means any walled and roofed expansion

to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered “New Construction”.

14.6.2. “Appeal” means a request for a review of the Zoning Enforcement Officer’s

interpretation of any provision of this Ordinance.

14.6.3. “Area of shallow flooding” means a designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where


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the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

14.6.4. “Area of special flood hazard” is the land in the floodplain within a

community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Section 14.2.2.

14.6.5. “Base flood” means the flood having a one percent chance of being equaled

or exceeded in any given year.

14.6.6. “Basement” means that portion of a building having its floor sub-grade (below ground level) on all sides.

14.6.7. “Building” means any structure built for support, shelter, or enclosure for

any occupancy or storage.

14.6.8. “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and permanent storage of materials or equipment.

14.6.9. “Elevated building” means a non-basement building built to have the lowest

floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

14.6.10. “Existing Construction” Any structure for which the “start of construction”

commenced before May 23, 1994.

14.6.11. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before May 23, 1994.

14.6.12. “Expansion to an existing manufactured home park or subdivision” means

the preparation of additional sites by the construction of facilities for servicing


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the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

14.6.13. “Flood” or “flooding” means a general and temporary condition of partial

or complete inundation of normally dry land areas from:

14.6.13.1. the overflow of inland or tidal waters; or

14.6.13.2. the unusual and rapid accumulation or runoff of surface waters from any source.

14.6.14. “Flood Hazard Boundary Map (FHBM)” means an official map of a

community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.

14.6.15. “Flood Insurance Rate Map (FIRM)” means an official map of a

community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

14.6.16. “Flood Insurance Study” the official report by the Federal Insurance

Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

14.6.17. “Floodplain” means any land area susceptible to flooding. 14.6.18. “Floodway” means the channel of a river or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

14.6.19. “Highest adjacent grade” means the highest natural elevation of the ground

surface, prior to construction, adjacent to the proposed foundation of a building.

14.6.20. “Historic Structure” means any structure that is;

14.6.20.1. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily


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determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register:

14.6.20.2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district:

14.6.20.3. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

14.6.20.4. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

14.6.20.4.1. By an approved state program as determined by the Secretary of the Interior, or 14.6.20.4.2. Directly by the Secretary of the Interior in states without approved programs.

14.6.21. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code.

14.6.22. “Manufactured home” for the purpose of this Chapter eans a building,

transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

14.6.23. “Mean Sea Level” means the average height of the sea for all stages of the

tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD).


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14.6.24. “National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

14.6.25. “New construction” means ANY structure (see definition) for which the

“start of construction” commenced after May 23, 1994 and includes any subsequent improvements to the structure.

14.6.26. “New manufactured home park or subdivision” means a manufactured

home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 23, 1994.

14.6.27. “Recreational vehicle” means a vehicle which is:

14.6.27.1. built on a single chassis;

14.6.27.2. 400 square feet or less when measured at the largest horizontal projection;

14.6.27.3. designed to be self-propelled or permanently towable by a light duty truck; and

14.6.27.4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

14.6.28. “Start of construction” means the date the development permit was issued,

provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not


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occupied as dwelling units or part of the main structure. (NOTE: accessory structures are NOT exempt from any Ordinance requirements) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

14.6.29. “Structure” means a walled and roofed building that is principally above

ground, a manufactured home, a gas or liquid storage tank. 14.6.30. “Substantial damage” means damage of any origin sustained by a structure

whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

14.6.31. “Substantial improvement” means any combination of repairs,

reconstruction, alteration, or improvements to a building, taking place during a 5 year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure prior to the improvement. The market value of the building should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred “substantial damage”, regardless of the actual amount of repair work performed.

For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project.

14.6.32. “Substantially improved existing manufactured home parks or subdivisions”

is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.


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14.6.33. “Variance” is a grant of relief from the requirements of this Ordinance which permits construction in a manner otherwise prohibited by this Ordinance.

Section 14.7. Severability.

If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.

CHAPTER 15

ENVIRONMENTAL OVERLAY DISTRICTS AND REGULATIONS

SECTION 15.1. Purpose and Intent of Chapter. The purpose of this chapter is to implement the Rules of the Georgia Department of Natural Resources for Environmental Planning Criteria, Chapter 391-3-16. Specifically, this Chapter of the Ordinance covers river corridor protection, wetland protection and protection of groundwater recharge areas.

SECTION 15.2. RP River Corridor Protection. All developments within Protected River Corridors within the unincorporated area of Twiggs County shall, in addition to the other requirements of this Ordinance, be governed by the following sections of this Chapter: 15.2.1. Purpose. River corridors are the strips of land that flank major rivers in

Georgia. These corridors are of vital importance to Georgia in that they help preserve those qualities that make a river suitable as a habitat for wildlife, a site for recreation, and a source for clean drinking water. River corridors also allow the free movement of wildlife from area to area within the state, help control erosion and river sedimentation, and help absorb flood waters.

The Ocmulgee River has been designated as a protected river by the State of Georgia. The purpose of this Ordinance is to establish measures to guide future growth and development in the areas adjacent to the Ocmulgee River as defined herein.

15.2.2. Definitions


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15.2.2.1. “Hazardous waste” means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3.

15.2.2.2. “Land disturbing activity” means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single family dwelling, and the cutting of firewood for personal use. 15.2.2.3. “Natural vegetative buffer or buffer area” means a river corridor containing the flora native to that area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, “the Natural Environments of Georgia.” Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species. 15.2.2.4. “Perennial river” means a river or section of a river that flows continuously throughout the year. 15.2.2.5. “Protected river” means any perennial river or watercourse with an average annual flow of at least four hundred (400) cubic feet per second as determined by the appropriate U.S. Geological Survey documents. However, those segments of river covered by the Metropolitan River Protection Act or the Coastal Marshlands Protection Act are specifically excluded from the definition of a protected river. 15.2.2.6. “Public utility” or “utilities” means a service or services provided by a public utility company or a private entity which provides such service or services and all equipment and structures necessary to provide such services. 15.2.2.7. “River bank” means the rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow. 15.2.2.8. “River corridor” means all the land, inclusive of lands, not regulated under the Metropolitan River Protection Act (O.C.G.A. 12-5-440 through 12-


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5-457), or the Coastal Marshlands Protection Act (O.C.G.A. 12-5-280 through 12-5-293), in areas of a protected river and being within one hundred (100) feet horizontally on both sides of the river as measured from the river banks.

The one hundred (100) foot buffer shall be measured horizontally from the uppermost part of the river banks, usually marked by a break in slope. Although not within the measured one hundred (100) foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by the local governments in the same manner as the river corridor and shall be included within the River Corridor Protection District. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for the Twiggs County Comprehensive Plan. Any shift in the location of the protected river after the review period will be shown by revision of the boundaries of the river corridor at the time of the next Comprehensive Plan review by the Department of Community Affairs. 15.2.2.9. “Sensitive natural area” means any area, as identified now or hereafter by the Department of Natural Resources, which contains one or more of the following: 1. habitat, including nesting sites, occupied by rare or endangered species; 2. rare or exemplary natural communities; 3. significant landforms, hydroforms or geological features; or 4. other areas so designated by the Department of Natural Resources; and

which are sensitive or vulnerable to physical or biological alteration. 15.2.2.10. “Single-family dwelling” means a dwelling structure that is designed for the use of one family.

15.2.3. Establishment of the Ocmulgee River Corridor Protection Overlay District.

The Ocmulgee River Corridor Protection Overlay District is hereby designated and shall comprise all land, inclusive of islands, in areas of the Ocmulgee River within the unincorporated area of Twiggs County and being within one hundred (100) feet horizontally on both sides of the river as measured from the river banks. Also included is the area between the top of the bank and the edge of the river although this strip of land is not included as


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part of the one hundred (100) foot buffer requirement contained in the minimum standards. The exact location for this district shall be established by a State Registered Surveyor for each proposed development and located on said Site Plan.

15.2.4. Protection Criteria

15.2.4.1. Construction within the buffer area is prohibited, except as provided herein.

15.2.4.2. A natural vegetative buffer shall be maintained at all times in the river corridor, except as otherwise provided herein. 15.2.4.3. The natural vegetative buffer shall be restored as quickly as possible following any land disturbing activity. 15.2.4.4. Septic tank and septic tank drain fields are prohibited in the river corridor, except as expressly provided in Section 15.2.4.5. of this Ordinance. 15.2.4.5. Single family dwellings including the usual appurtenances are permitted in the buffer area subject to the following conditions:

5.2.4.5.1. The dwelling shall be in compliance with all zoning regulations.

15.2.4.5.2. The dwelling shall be located on a tract of land containing at least two (2) acres. For the purposes of these standards, the size of the tract of the land shall not include any area that lies within the protected river, (that is, for tracts of land that include portions of the protected river, the area between the river banks can not be counted towards the two (2) acre minimum size).

15.2.4.5.3. There shall be only one (1) such dwelling on each two (2) acre or larger tract of land.

15.2.4.5.4. A septic tank or tanks serving such a dwelling may be located within the buffer area.

15.2.4.5.5. Septic tank drain fields shall not be located within the buffer area.


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15.2.4.6. Industrial and commercial land uses existing in the river corridor prior to the promulgation of this Ordinance are exempt from the criteria contained herein, provided that:

15.2.4.6.1. These uses do not impair the drinking quality of the river water;

15.2.4.6.2. These uses meet all state and federal environmental rules and regulations.

15.2.4.7. The construction of road crossings and utility crossings is permitted in the river corridor, provided such construction meets all requirements of the Erosion and Sedimentation Control Act of 1975,3 and all applicable local Ordinances on soil erosion and sedimentation control.

15.2.4.8. The following uses are permitted in the river corridor, provided that such uses do not impair the long-term functions of the protected river or the river corridor:

15.2.4.8.1. Timber production and harvesting, subject to the following conditions:

(a) Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and

(b) Forestry activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.4

15.2.4.8.2. Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. 12-2-8. 15.2.4.8.3. Waste water treatment. 15.2.4.8.4. Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion but a hard-surface tennis court would not. Parking lots are not consistent with this


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criterion. Paths and walkways within the river corridor are consistent with this criterion. 15.2.4.8.5. Natural water quality treatment or purification. 15.2.4.8.6. Agricultural production and management, subject to the following conditions:

15.2.4.8.6.1. Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission;

15.2.4.8.6.2. Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended;4 and

15.2.4.8.6.3. Agricultural activity shall be consistent with all state and federal laws, and all regulations promulgated by the Georgia Department of Agriculture.

15.2.4.8.7. Other uses permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act.4

15.2.4.9. Handling areas for the receiving and storage of hazardous waste are prohibited within the river corridor.

15.2.4.10. Hazardous waste or solid waste landfills are prohibited within the river corridor.

15.2.4.11. The standards and requirements in this Ordinance do not supercede those contained in the Erosion and Sedimentation Act.3

15.2.5. Exemptions. The following uses are exempted from the river corridor

protection plan:

15.2.5.1. Land uses existing prior to the promulgation of the Twiggs County river corridor protection district. For the purposes of this Ordinance a preexisting use is defined as any land use or land-disturbing activity, including all human endeavors directly associated with such use or activity, which, prior


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to the promulgation of this Ordinance, falls within one of the following categories:

15.2.5.1.1. is completed; 15.2.5.1.2. is under construction; 15.2.5.1.3. is fully approved by the governing authority; 15.2.5.1.4. all materials have been submitted for approval by the governing authority; or 15.2.5.1.5. is zoned for such use and expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning.

15.2.5.2. Mining activities, if permitted by the Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968, as amended.5

15.2.5.3. Utilities, (except as discussed above in Section 15.2.4.7., if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the Board of Commissioners), provided that:

15.2.5.3.1. The utilities shall be located as far from the river bank as reasonably possible;

15.2.5.3.2. Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible; and

15.2.5.3.3. Utilities shall not impair the drinking quality of the river water.

15.2.5.4. Specific forestry and agricultural activities, except as discussed above in Sections 15.2.4.8.1 and 15.2.4.8.6.


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SECTION 15.3. WP Wetland protection. All developments within Wetlands located in the unincorporated area of Twiggs County shall, in addition to the other provisions of this Ordinance, be governed by the following sections of this Chapter: 15.3.1. Purpose. The wetlands in unincorporated area of Twiggs County are

indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic well being of many communities within the State of Georgia.

Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

The purpose of this Ordinance is to promote wetlands protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process.

15.3.2. Definitions

15.3.2.1. “Wetlands”: those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.


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15.3.2.2. “Generalized Wetlands Map”: the current U.S. Fish and Wildlife Service National Wetlands Inventory maps for unincorporated area of Twiggs County, Georgia. 15.3.2.3. “Jurisdictional Wetland”: an area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers. 15.3.2.4. “Jurisdictional Wetland Determination”: a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C., Section 1344, as amended.4 15.3.2.5. “Regulated Activity”: any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the U.S., excepting those activities exempted in Section 404 of the Federal Clean Water Act.4

15.3.3. Establishment of the Wetlands Overlay Protection District. The Wetlands

Overlay Protection District is hereby established which shall correspond to all lands within the jurisdiction of unincorporated area of Twiggs County, Georgia that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps. This map shall be referred to as the Generalized Wetlands Map and is hereby adopted by reference and declared to be a part of this Ordinance, together with all explanatory matter thereon and attached thereto.

The Generalized Wetlands Map does not represent the boundaries of jurisdictional wetlands within the unincorporated Area of Twiggs County and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended.4 Any action under this Ordinance does not relieve the landowner from federal or state permitting requirements.

15.3.4. Protection Criteria. No regulated activity will be permitted within the

Wetlands Protection District without written permission or a permit from the Zoning Enforcement Officer. If the area proposed for development is located within fifty (50) feet of a Wetlands Protection District boundary, as determined by the Zoning Enforcement Officer using the Generalized Wetlands Map, a U.S. Army Corps of Engineers determination shall be required. If the Corps


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determines that wetlands are present on the proposed development site, the local permit or permission will not be granted until a Section 404 Permit or Letter of Permission is issued.

15.3.5. Permitted Uses. The following uses shall be allowed as of right within the

Wetlands Protection District to the extent that they are not prohibited by any other Ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging, except as provided herein. 15.3.5.1. Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual 404 Permit. 15.3.5.2. Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing. 15.3.5.3. Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.4 15.3.5.4. The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture. 15.3.5.5. The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural Best Management Practices are followed. This does not include Feedlots as defined and regulated in this ordinance. 15.3.5.6. Education, scientific research, and nature trails.

15.3.6. Prohibited Uses. The following uses are not permitted within the Wetlands Protection District.

15.3.6.1. Receiving areas for toxic or hazardous waste or other contaminants; 15.3.6.2. Hazardous or sanitary waste landfills; or 15.3.6.3. Feedlots.


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SECTION 15.4. GR Protection of Groundwater Recharge Areas.

All developments having designated Groundwater Recharge Areas within the unincorporated area of Twiggs County shall, in addition to the other provisions of this Ordinance, be governed by the following sections of this Chapter:

15.4.1. Purpose. In order to provide for the health, safety, and welfare of the public

and a healthy economic climate within the unincorporated area of Twiggs County and surrounding communities, it is essential that the quality of public drinking water be ensured. For this reason, it is necessary to protect the subsurface water resources that Twiggs County and surrounding communities rely on as sources of public water.

Groundwater resources are contained within underground reservoirs known as aquifers. These aquifers are zones of rock beneath the earth’s surface capable of containing or producing water from a well. They occupy vast regions of the subsurface and are replenished by infiltration of surface water runoff in zones of the surface known as groundwater recharge areas. Groundwater is susceptible to contamination when unrestricted development occurs within significant groundwater recharge areas. It is, therefore, necessary to manage land use within groundwater recharge areas in order to ensure that pollution threats are minimized.

15.4.2. Definitions

15.4.2.1. “Aquifer” means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well. 15.4.2.2. “Drastic” means the standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection Agency document EPA-600-2-87-035. 15.4.2.3. “Pollution Susceptibility” means the relative vulnerability of an aquifer to being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge area. 15.4.2.4. “Pollution Susceptibility Map” means the relative vulnerability to pollution prepared by the Department of Natural Resources, using the


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DRASTIC methodology. (Georgia Department of Natural Resources Hydrologic Atlas 20: Groundwater Pollution Susceptibility Map of Georgia.) 15.4.2.5. “Recharge Area” means any portion of the earth’s surface where water infiltrates into the ground to replenish an aquifer. 15.4.2.6. “Significant Recharge Areas” means those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition).

15.4.3. Establishment of Groundwater Recharge Area Overlay Protection District.

The Groundwater Recharge Area Overlay Protection District is hereby established which shall correspond to all lands within the jurisdiction of the unincorporated area of Twiggs County, Georgia that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, (1989 edition.) Said map is hereby adopted and made a part of this Ordinance.

Each recharge area shall be determined to have a pollution susceptibility of high, medium, or low based on the Georgia Pollution Susceptibility Map, Hydrologic Atlas 20, (1992 edition). Said map is hereby adopted and made a part of this Ordinance.

15.4.4. Protection Criteria

15.4.4.1. No construction may proceed on a building or manufactured home to be served by a septic tank unless the Twiggs County Health Department first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resource for On-site Sewage Management (hereinafter DHR Manual), and Sections 15.4.4.2. and 15.4.4.3. below. 15.4.4.2. New homes served by a septic tank/drain field system shall be on lots having minimum size limitations as follows, based on application of Table MT-1 of the DHR Manual (hereinafter DHR Table MT-1). The minimums set forth in Table MT-1 may be increased further based on consideration of other factors (set forth in Sections A-F) of the DHR Manual.


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15.4.4.2.1. 150% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a high pollution susceptibility area; 15.4.4.2.2. 125% of the subdivision minimum lot size calculated based on Application of DHR Table MT-1 if they are within a medium pollution susceptibility area; 15.4.4.2.3. 110% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a low pollution susceptibility area.

15.4.4.3. New manufactured home communities served by septic tank/drain field systems shall have lots or spaces having minimum size limitations as follows, based on application of Table MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors set forth in Sections A-F of the DHR Manual.

15.4.4.3.1. 150% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a high pollution susceptibility area; 15.4.4.3.2. 125% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a medium pollution susceptibility area; 15.4.4.3.3. 110% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a low pollution susceptibility area.

15.4.4.4. New agricultural waste impoundment sites shall be lined if they are within a high pollution susceptibility area; a medium pollution susceptibility area and exceed fifteen (15) acre-feet; or a low pollution susceptibility area and exceed fifty (50) acre-feet. As a minimum, the liner shall be constructed of compacted clay having a thickness of one (1) foot and a vertical hydraulic conductivity of less than 5 x 10–7 cm/sec or other criteria established by the Natural Resource and Conservation Service.


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15.4.4.5. New above-ground chemical or petroleum storage tanks, having a minimum volume of six hundred sixty (660) gallons, shall have secondary containment for one hundred ten (110%) percent of the volume of such tanks or one hundred ten (110%) percent of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements. 15.4.4.6. New facilities that handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 19761 (excluding underground storage tanks) and in amounts of ten thousand (10,000) pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and local fire code requirements. 15.4.4.7. Permanent storm water infiltration basins shall not be constructed in areas having high pollution susceptibility.

15.4.5. Exemptions. Any lot of record approved prior to the adoption of this

Ordinance is exempt from the minimum lot size requirements contained in Sections 15.4.4.2 and 15.4.4.3. of this Ordinance.

CHAPTER 16

DETERMINATION OF UNCLASSIFIED USES This Chapter shall establish a procedure for classifying all uses of land or building which are not identified in a district as being either a permitted or conditional use. In the event an applicant wishes to use property in a manner not specifically identified as permitted uses or conditional uses, and where such use is not specifically prohibited from the district, the following provisions shall apply:

SECTION 16.1. Request for Determination of Unclassified Use. Whenever a property owner or applicant files an application for a use that is not listed as a use in the district where the property is located, the Zoning Enforcement Officer shall submit said application to the Board of Commissioners with a written request from the applicant for determination of the unclassified use. The Board of Commissioners shall review the request as submitted and determine if the proposed use is of a similar character to those allowed in the district in which it is proposed.


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SECTION 16.2. Review of Request Resulting in Permitted Use Determination. In the event that the Board of Commissioners determines that proposed Use is of the same use classification and is consistent with the character and intent of those uses classified as permitted uses allowed in the subject district, then they shall instruct the Zoning Enforcement Officer to initiate text amendment procedures pursuant to Section 24.1., et. seq. Approval of a text change will authorize issuance of a permit for that use.

SECTION 16.3. Review of Request Resulting in Conditional Use Determination. In the event that the Board of Commissioners determines that proposed use is of the same use classification and is consistent with the character and intent of those uses classified as conditional uses allowed in the subject district, the applicant shall apply for use permit subject to the procedures established for a conditional use. Use is of the same use classification and is consistent with the character and intent of those uses classified as permitted uses allowed in the subject district, then they shall instruct the Zoning Enforcement Officer to initiate text amendment procedures pursuant to Section 24.1., et. seq. Approval of a text change will authorize issuance of a permit for that use.

CHAPTER 17 OFF-STREET AUTOMOBILE PARKING AND LOADING

REQUIREMENTS Off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this Ordinance.

SECTION 17.1. General Requirements. For the purpose of this Ordinance, the following general requirements are specified: 17.1.1. The term “Off-Street Parking Space” shall mean a space at least ten (10) feet

wide and twenty (20) feet in length with a minimum net area of two hundred (200) square feet, excluding area for egress and ingress and maneuverability of vehicles.

17.1.2. Parking spaces for all uses shall be located on the same lot with the main

buildings to be served, except as provided below.


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17.1.2.1. If an off-street parking space cannot be reasonably provided on the same

lot on which the principal use is conducted, the Board of Commissioners may permit (as a conditional use) such space to be provided on other off-street property, provided such space lies within seven hundred (700) feet of an entrance to the principal building and provided that such space is located within a zoning district which permits the principal use. Such vehicle parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

17.1.2.2. The required number of parking spaces for any number of separate uses

may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that up to one-half of the parking space required for an existing church whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.

17.1.3. An area reserved for off-street parking in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the Board of Commissioners.

17.1.4. Off-street parking existing at the effective date of this Ordinance in

connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

SECTION 17.2. Parking Space Requirements For All Districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal to the minimum requirements for the specific land use set forth. Land Use Required Parking Spaces Churches Exempt from parking requirements Community Buildings and Social Halls

1 for each 200 sq. ft. of floor area

Multi-Family Dwellings 1.5 for each dwelling unit plus 1 additional space for guest parking for


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each 5 multi-family dwelling units Elderly Housing and Group Homes 1 for each dwelling unit Motel and Hotels 3 for each 2 units Boarding and Rooming Houses 1 for each sleeping room Manufacturing and Industrial Uses 1 for each employee in the maximum

working shift Restaurants, Bars, and Night Clubs 1 for each 3 seats Retail stores, store groups, shops, offices,other than professional offices

1 space for each 200 sq. ft. of floor area

Wholesale Establishments and Warehouses

1 for each employee in the maximum shift

Professional office 5 for each professional employee Theater 1 for each 3.5 seats Senior High School 1 for each 5 class rooms Elementary and Middle Schools 1 for each 15 classroom seats Private School Dormitories 1 for each 4 beds Professional/ Technical Park 3 for each 3,000 square feet of gross

floor area Home occupations, offices and businesses in a home, and similar uses

1 for each 200 sq. ft. of floor area dedicated to the use

Health care uses 3 for each bed; 4 for each 1,000 sq. ft. of out patient facilities; 5 for each 1,000 sq. ft. of medical offices and 3 spaces for each 2 living units for elderly housing with available health care facilities or services(excluding storage, utility and maintenance areas)

SECTION 17.3. General Requirements for Parking Lots. Except for church parking lots, all parking lots shall meet the following standards: 17.3.1. Lighting facilities shall be so arranged that light is reflected away from

adjacent properties. 17.3.2. The parking lot shall be adequately drained.


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17.3.3. A ten (10) foot buffer shall be provided along those lot lines of the parking area which abut lots used for residential purposes. A substantial bumper rail of wood, metal, or concrete shall also be installed on the inside of the buffer where the buffer is adjacent to a parking space or driveway.

17.3.4. For paved parking lots only, a raised curb of at least six (6) inches shall be erected along all parking and parking lot areas except for driveway openings, and those lot lines abutting residential districts where the requirements in Section 17.3.3 shall prevail.

17.3.5. No off-street parking space or driveway shall be designed or constructed so as to require the backing of vehicles into the right-of-way of a public street.

17.3.6. For parking areas with one hundred (100) or more parking spaces, at least ten (10) percent of the parking area shall be permanently landscaped, excluding buffers as required in Section 17.3.3. Landscaping may consist of trees, shrubs, flowers, or other ornamental plats, provided that all landscaped areas are regularly maintained by the lot owner and that any dead or dying trees or plants are replaced within one month of death or noticeable decay. Furthermore, all landscape areas shall be integrated into the parking lot design and not relegated exclusively to one concentrated location or to the edges of the parking area.

17.3.7. All parking lots, whether paved or not, shall be set back a minimum distance of ten (10) feet from all property lines except for driveway openings.

SECTION 17.4. Off-Street Loading and Unloading Space. Off-street loading and unloading spaces shall be provided as hereinafter required by this Ordinance. 17.4.1. Off-Street Loading Spaces. All off-street loading and unloading spaces shall

be at a minimum fourteen (14) feet in height, twelve (12) feet in width, and fifty-five (55) feet in length. All spaces shall be connected to a street or alley adequate in size to handle the ingress and egress for trucks. All spaces and areas for loading and unloading shall be accessible to emergency vehicles.

17.4.2. When Required. One loading and unloading space shall be required for commercial, industrial and institutional uses that send or receive goods by truck. An additional space shall be required for each additional ten thousand


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(10,000) square feet of floor area of said use. All spaces shall be located on the same lot as the building being served. Shared spaces may be allowed by the Zoning Enforcement Officer, even though all buildings may not be on the same lot, provided that such arrangement does not create a safety hazard to the traveling public.

17.4.3. Permanent Reservation. Areas reserved for off-street loading or emergency vehicle access in accordance with the requirements of these regulations shall not be reduced in area or changed to any other use unless the use which is served is discontinued or modified, except where equivalent loading space is provided and approved by the Zoning Enforcement Officer.

CHAPTER 18

SPECIAL REQUIREMENTS

SECTION 18.1. Control of Curb Cuts and Vision Clearance. The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

18.1.1. “Curb Cuts.” No cut shall exceed fifty (50) feet in length, nor shall curb cuts be closer than twenty (20) feet to an intersection of two streets measured along the curb line. 18.1.2. “Vision Clearance.” In all use districts, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of two and one half (2.5) and ten (10) feet from the ground level shall be permitted within twenty-five (25) feet of the intersection of the right-of-way lines of two streets or railroad lines, or of a street intersection with a railroad line.

SECTION 18.2. Storage and Parking of Trailers and Commercial Vehicles. Commercial vehicles and trailers of all types, including travel, boat, camping, and hauling, shall not be parked or stored on any lot in R-1, R-2 or R-MH Residential Districts except in accordance with the following requirements: 18.2.1. In no case shall a commercial vehicle carrying explosives, gasoline (other

than in the fuel tank used for propelling the vehicle), liquefied petroleum products or other hazardous materials be permitted in a R-1, R-2 or R-MH residential district.


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18.2.2. Travel trailers, hauling trailers, or boat trailers shall be permitted if parked or

stored behind the front yard building line.

18.2.3. Travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area except in a travel trailer park authorized under this Ordinance.

SECTION 18.3. Manufactured Home Community.

When allowed as a conditional use within a zoning district, a manufactured home community shall be subject to the following conditions and regulations:

18.3.1. “Area, width, and space.” The minimum lot area per park shall be eight (8) acres, and the minimum lot width for the portion used for entrance and exit shall be fifty (50) feet. The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be twenty (20) spaces. 18.3.2. “Minimum standards for a space or stand.” The following minimum standards shall apply to each manufactured home space or stand.

18.3.2.1. Minimum size of space shall be four thousand five hundred (4,500)square feet. 18.3.2.2. Minimum width of space shall be fifty (50) feet. 18.3.2.3. Minimum distance between manufactured homes together with their additions and appurtenances, and permanent structures or buildings shall be twenty (20) feet. 18.3.2.4. Minimum distance of any manufactured home, from any property line shall be fifty (50) feet. 18.3.2.5. Utility or storage buildings shall occupy no more than two (2) percent of the individual stand or space. 18.3.2.6. No manufactured home shall be located closer than thirty-five (35) feet to the center line of any roadway within the park.


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18.3.3. Minimum Standards for Manufactured Homes Located in Manufactured Home Communities. 18.3.3.1. Only manufactured homes, as defined herein, shall be allowed in a manufactured home community. 18.3.3.2. The undercarriage of the manufactured home must be enclosed with an opaque material. 18.3.3.3. The manufactured home must be installed on a foundation system in compliance with the Twiggs county’s building code and the structure shall be tied down in accordance with the County Building Code. 18.3.3.4. Permanent steps must be provided for all exits. 18.3.3.5. A tax decal must be obtained from the Twiggs County Tax Commissioner and provided to the Zoning Enforcement Officer before a permit is issued for a manufactured home. 18.3.4. Convenience establishments. Convenience establishments of a commercial nature, including stores, laundry and dry cleaning establishments, pickup laundry and dry cleaning agencies, and beauty and barber shops, may, upon approval of the Board of Commissioners, be permitted in manufactured home communities, provided that such establishments and the parking areas primarily relate to their operations:

18.3.4.1. Shall not occupy more than ten (10) percent of the area of the community; 18.3.4.2. Shall be subordinate to the residential use and character of the community; 18.3.4.3. Shall be located, designed, and intended to serve frequent trade or service needs of persons residing in the community; and 18.3.4.4. Shall present no visible evidence of their commercial character outside the community.

18.3.5. Streets, roads, access, facilities, and other site improvements:


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18.3.5.1. All points of entrance or exit from the manufactured home community development shall be paved to a minimum width of twenty-four (24) feet. Said entrance or exit drives or roadways shall be located no closer than two hundred (200) feet from the intersection of any two (2) public highways or streets.

18.3.5.2. Each manufactured home lot or premises shall have access to a community driveway, roadway, or street, which shall be paved to a minimum width of twenty-four(24) feet, provided that no parking shall be permitted on said roadway.

SECTION 18.4. Manufactured Homes Located in R-Ag Agricultural and R-MH

Manufactured Home Districts Shall Comply with the Following Conditions: 18.4.1. The lot area and dimensions must meet the requirements for a single-family

dwelling unit in the agricultural districts. 18.4.2. In no case shall the manufactured home be located within twenty (20) feet of

any building. 18.4.3. A tax decal must be obtained from the Twiggs County Tax Commissioners

and provided to the Zoning Enforcement Officer before a permit is issued for a manufactured home.

18.4.4. The manufactured home must be placed on permanent foundation that

complies with the Twiggs County’s building code for residential structures. 184.5. The hitch, axles and wheels must be removed. 18.4.6. The manufactured home must be oriented on the lot so that long axis is

parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping so that the narrow dimension of the unit, as so modified and facing the street is no less than fifty (50) percent of the unit’s long dimension.

18.4.7. The exterior foundation material must consist of opaque material for the

outer portion of a finished residence and the structure shall be tied down in accordance with the County Building Code.

18.4.8. The manufactured home must have permanent steps at all exists.


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18.4.9. The manufactured home must be manufactured after June 15, 1976. 18.4.10. Manufactured homes located in manufactured home communities are

governed by the requirements of Section 18.3. 18.4.11. Manufactured homes located in a Flood Damage Prevention Overlay

District shall meet the requirements of Section 14.4.2.3.

SECTION 18.5. Manufactured Homes Located in R-1 Single Family Residential and R-2 Multi-family Residential Districts Shall Comply with the

Following Conditions. 18.5.1. The lot area and dimensions must meet the requirements of the District in

which the Manufactured Home is to be located; 18.5.2. In no case shall the manufactured home be located within twenty (20) feet of

any building. 18.5.3. Manufactured homes shall meet the following conditions;

18.5.3.1. The roof must be double pitched and covered with material that is residential in appearance; including, but not limited to, wood, asphalt composition, or fiberglass shingles or metal roofing, but excluding corrugated aluminum or corrugated fiberglass; 18.5.3.2. Exterior siding cannot have a high-gloss finish and must be residential in appearance, including, but not limited to, clapboards, simulated clapboards, such as conventional vinyl or metal siding, wood shingles, shakes or similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels; 18.5.3.3. The manufactured home must have a front porch and have permanent steps at all exits; 18.5.3.4. The manufactured home must be placed on permanent foundation that complies with the Twiggs County’s building code for residential structures;


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18.5.3.5. The exterior foundation material must consist of continuous oncrete or masonry suitable for outer portion of a finished residence and contain air vents as required by the Twiggs County Building Code; 18.5.3.6. The hitch, axles and wheels must be removed; 18.5.3.7. The manufactured home must be oriented on the lot so that long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping so that the narrow dimension of the unit, as so modified and facing the street is no less than fifty (50) percent of the unit’s long dimension; 18.5.3.8. The manufactured home must be at least twenty (20) feet in width; 18.5.3.9. The exterior design, size and configuration of the manufactured home must be compatible with nearby or surrounding dwellings; 18.5.3.10. A tax decal shall be obtained from the Twiggs County Tax Commission and provided to the Zoning Enforcement Officer before a permit is issued for a manufactured home; and 18.5.3.11. The manufactured home must be manufactured after June 15, 1976.

18.5.4 . An applicant may request a variance from the Board of Commissioners as to

any standard mandated in this Section where the granting of such variance will not have a negative impact on the manufactured home’s compatibility with other residences in the same neighborhood.

18.5.5. Manufactured homes located in a Flood Damage Prevention Overlay District

shall meet the requirements of Section 14.4.2.3.

SECTION 18.6. Commercial Feedlots. 18.6.1. Purpose. Consistent with the responsibility to protect and advance the public

health, and in order to advance the public health interest in protecting the quality of surface and ground waters of Twiggs County, and to prevent adverse human health consequences of chronic and acute exposure to insects, vermin, airborne ammonia, hydrogen sulfide, bacteria and micro-organisms and other conditions and substances associated with intensive livestock operation, it is


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declared to be the policy of the Twiggs County Board of Commissioners to require commercial feedlot operations to conform to such rules as may be necessary to protect the public health.

18.6.2. Definition. For purposes of this section, a Commercial Feedlot is defined as

any of the following facilities: any structure, pen, corral or other fenced-in area or corral wherein cattle, horses, sheep, and goats are maintained for the purpose of fattening such livestock for final shipment to market; the raising of swine under any condition, and; the raising of poultry under any condition. Any Commercial Feedlot involving three-hundred (300) or fewer cattle, horses, sheep, or goats; any Commercial Feedlot involving five hundred (500) or fewer swine, or; any Commercial Feedlot involving poultry in which one-thousand (1,000) or fewer birds are involved; are exempt from this definition.

18.6.3. A Commercial Feedlot is subject to these rules if it falls into any of the

following classes: 18.6.3.1. Class I - At least 501 and not more than 1,000 head of swine; at least 301 and not more than 600 head of cattle, horses, sheep, or goats; or at least 1,000 and not more than 2,000 head of poultry.

18.6.3.2. Class II - At least 1,001 and not more than 2,000 head of swine; at least 601 and not more than 1,200 head of cattle, horses, sheep, or goats; or at least 2,001 and not more than 5,000 head of poultry. 18.6.3.3. Class III - At least 2,001 and not more than 4,000 head of swine; at least 1201 and not more than 2,500 head of cattle, horses, sheep, or goats; or at least 5,001 and not more than 10,000 head of poultry. 18.6.3.4. Class IV - More than 4,000 head of swine; more than 2,500 head of cattle, horses, sheep, or goats; or more than 10,000 head of poultry.

18.6.4. Scope. No person shall operate a Commercial Feedlot contrary to the

provisions of these rules. These rules recognize the authority of the Twiggs County Board of Commissioners to take any action necessary to abate a public health nuisance or an imminent hazard.

18.6.5. Conflict with Other Laws and Regulations. Whenever the requirements of

this Ordinance are at variance with the requirements of any other lawfully adopted statutes, rules, regulations, ordinances; the most restrictive, or that


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imposing higher standards, shall govern. No permit shall be issued or considered valid for a Commercial Feedlot which is otherwise illegal under the terms of any local, state or federal law.

18.6.6. The Twiggs County Board of Commissioners find that the adoption of these

rules in their entirety is required to protect and promote the public health. 18.6.7. The Twiggs County Board of Commissioners is of the opinion that, in some

areas, rules more stringent than those of the Georgia Department of Natural Resources are required in order to protect the public health and further finds that all provisions of these rules that impose additional requirement or limitations not contained in state law, are “a more stringent rule in an area regulated by the Georgia Department of Natural resources”.

18.6.8. Any application for a use under this section must be accompanied by all

required permits for operation from the Environmental Protection Division of the Georgia Department of Natural Resources and any necessary permits from the Environmental Protection Agency of the United States Government.

18.6.9. Any part of a new or expanding Feedlot that is constructed and permitted on

or after the effective date of these rules shall be located a minimum distance, as set forth in Section 18.6.16, from existing residences that are either occupied or listed for rent or sale, nursing homes, day care centers, office buildings, commercial businesses, places of public assembly or any other structure designed for or occupied by humans.

18.6.10. No Commercial Feedlot may be located within an area that has been

designated as a most significant groundwater recharge area on the GROUND-WATER POLLUTION SUSCEPTIBILITY MAP OF GEORGIA, Hydrologic Atlas 20.

18.6.11. No commercial Feedlot may be located within an area that has been designated as an area that has a higher ground water pollution susceptibility (drastic rating > 181) on the GROUND-WATER POLLUTION SUSCEPTIBILITY MAP OF GEORGIA, Hydrologic Atlas 20.

18.6.12. Feedlots located within an area that has been designated as an area that has

an average ground water pollution susceptibility (drastic rating 141-181) on the GROUND-WATER POLLUTION SUSCEPTIBILITY MAP OF GEORGIA, Hydrologic Atlas 20 shall meet the following standards:


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18.6.12.1. Spray fields shall not be used as a method of waste management.

18.6.12.2. New agricultural waste impoundment sites (lagoons) shall be lined and shall not exceed five (5) acre-feet in size. The impoundment sites shall be so designed that the area of the impoundment will accommodate, in addition to the waste generated, a twenty-five year frequency rain fall event. The impoundment shall be designed by an engineer licensed in the State of Georgia and the standards of design shall prevent pollution of the groundwater, air pollution including offensive odors and overflows as a result of rainfall events. Additionally, NPDES (National Pollution Discharge Elimination System) permits must be obtained from the Georgia Department of Natural Resources, Environmental Protection Division.

18.6.12.3. Waste impoundment sites shall be fifteen hundred (1,500) feet from any property line.

18.6.12.4. All onsite streams, creeks, and other waterways shall be protected by a fifty foot undisturbed vegetative buffer. The absence of such buffer will constitute grounds to deny any permit.

18.6.12.5. A buffer of trees shall be planted around the impoundment site. Tree species shall be used that will obtain a height of ten (10) feet within a five (5) year period and shall be planted so that said buffer will prevent the prevailing wind from blowing obnoxious odors to adjacent properties.

18.6.12.6. A plan shall be submitted and implemented to control pests such as flies and vermin. A qualified expert to be paid for by the applicant and whom the Board of Commissioners must approve shall prepare the plan.

18.6.12.7. Incinerators shall be used to dispense of dead animal carcasses. Dead animals shall not be stock piled and must be incinerated daily to prevent odors from spreading to adjacent properties. The Environmental Protection Division of the Georgia Department of Natural Resources shall approve and issue all permits for incineration facilities.

18.6.12.8. An insurance policy in an amount to be determined by the Board of Commissioners shall be maintained annually to cover the costs of any clean up activities that need to be taken as a result of water and air pollution, spills in adjacent streams and onto neighboring properties, and the elimination of


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pests that have invaded nearby properties. Proof of insurance shall be provided to the Zoning Enforcement Officer on the anniversary date of the issued permit. Failure to provide this proof by the anniversary date shall automatically revoke the permit. The Applicant may request reinstatement of the permit by following the procedure initially used in obtaining the original permit.

18.6.13. Where uncertainty exists with respect to the boundaries of the areas regulated in Sections 18.6.10 - 18.6.12, sufficient information prepared by the applicant must be submitted to the Twiggs County Board of Commissioners to assist them in their determination as to the exact location of the boundary of the area. All information provided by the applicant must be provided by a license or certified professional where such professional requires such license or certification. In any case, the final determination of the exact location of the area shall be made by the Twiggs County Board of Commissioners.

18.6.14. Feedlots must be constructed and operated in compliance with all Federal, State and local laws, Ordinances and regulations. They must be located at such distance from any waters defined as waters of the state by the Georgia Water Quality Control Act, 6 so that no discharge from the operation will flow into such waters, but in no event less than one thousand (1,000) feet. Further, any Feedlot must be designed and operated to prevent the discharge of any animal waste or chemicals used in feedlot operations or other harmful substances into any waters of the state as the term waters is defined by the Georgia Water Quality Control Act.6

18.6.15. Feedlots must be located so that any odors associated with its operation, infestation of flies, mosquitoes or other objectionable insects or rodents caused by its operation do not create a nuisance for adjacent or nearby landowners or residents.

18.6.16. Setbacks.

Class I 2,500 feet Class II 3,000 feet Class III 3,500 feet Class IV 4,000 feet


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SECTION 18.7. Communication Towers. 18.7.1. Intent. The regulations and requirements of this section are intended to:

18.7.1.1. protect the welfare, safety and integrity of residential neighborhoods and foster, through appropriate zoning and land use controls, a competitive environment for communication carriers that does not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of such services, so as to promote Twiggs County as a proactive community in the availability of communications services; 18.7.1.2. provide for the appropriate location and development of communication towers or antennas to serve the residents and business of Twiggs County; 18.7.1.3. minimize adverse visual effects of towers or antennas through careful design, siting and vegetative screening; 18.7.1.4. avoid potential damage to adjacent properties from tower or antenna failure through careful siting of tower or antenna structures; 18.7.1.5. maximize use of any new or existing communication tower or antenna to reduce the number of towers or antennas needed; and 18.7.1.6. encourage and promote the location of new communication facilities in areas which are not zoned for residential use.

18.7.2. Supplemental definitions. For the purpose of this section, the following

definitions shall be used.

18.7.2.1. “Antenna.” An arrangement of array of wires, dishes, or metal rods, used in transmitting or receiving electromagnetic waves.

18.7.2.2. “Communication tower.” A guyed, monopole, lattice or self-support tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, containing one (1) or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. This definition does not include a satellite earth station, a


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structure used for amateur or recreational purposes such as a ham radio, a citizens band radio, or home television antenna under seventy (70) feet in total height.

18.7.2.3. “Guyed tower.” A guyed tower can be either a lattice or monopole tower which has cables attached to the tower and ground to provide stability to the tower.

18.7.2.4. “Lattice tower.” A lattice tower is a communication tower that generally has three (3) or (4) support steel legs and holds a variety of antennas.

18.7.2.5. “Monopole tower.” A monopole tower consists of a single self-supporting pole which is generally wider in diameter at the base and narrows at the top and may support any combination of whip, panel or dish antennas.

18.7.2.6. “Stealth Structure.” A communication tower which is a man-made tree, or similar natural or man-made alternative design mounting structure that camouflages or conceals the presence of antennas or towers.

18.7.3. General Provisions.

18.7.3.1. “Land-use compatibility.” Communication towers shall be located, constructed, and buffered to ensure compatibility with surrounding land uses. To help ensure such compatibility each application for a proposed communication tower shall include the following information:

18.7.3.1.1. the exact location of the proposed tower shown on an official zoning map;

18.7.3.1.2. the maximum height of the proposed tower;

18.7.3.1.3. the color or colors of the proposed tower;

18.7.3.1.4. the location, type, and intensity of the lighting for the proposed tower;

18.7.3.1.5. drawings showing type of tower, accessory buildings, landscaping or other features pertinent to the application prepared in professionally acceptable manner; and


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18.7.3.1.6. such other additional information as may be required by the Zoning Enforcement Officer to fully review and evaluate the potential impact of a proposed tower.

18.7.3.2. “Location of Communication Towers or Antennas.” Communication towers or antennas shall be allowed only in “R-AG Agricultural, Residential Districts.” Compatibility with surrounding land uses will be determined based on a consideration of those land uses immediately adjacent to the tract of land on which the Communication Tower/Antenna is to be located.

18.7.3.3. “Compatibility of Surrounding Land Uses.” Communication Towers or Antennas must be compatible with surrounding land uses.

18.7.3.4. “Additional uses permitted on site.” In any district where freestanding communication towers or antennas are allowed, such towers or antennas may not be located on a lot containing a residential structure.

18.7.3.5. “Shared use of communication towers.” If the application is for a separate tower, then the applicant shall provide an affidavit from an appropriate professional verifying with written documentation why co-location is not possible.

18.7.3.6. “Additional users on existing communication towers.” Any additional users co-locating on existing communication towers shall require review and approval in accordance with these regulations.

18.7.3.7. “Measurement of tower height.” Measurement of tower height shall include antennas, base pad, and other appurtenances and shall be measured from the natural grade of the site.

18.7.3.8. “Time limit on project completion.” Once a communication tower or antenna is approved, a permit shall be obtained within one (1) year and the project shall be completed within one (1) year of approval by the Commission.

18.7.3.9. “Abandonment.” All obsolete or unused facilities shall be removed within one (1) year of cessation of operation at the site.


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18.7.3.10. “Signs and advertising.” No signs or advertising shall be allowed on any tower or antenna, except for a warning sign relating to the public safety which is no greater than two (2) square feet in size and placed on the base of the tower at a height no greater than ten (10) feet above the ground.

18.7.3.11. “Security.” All communication facilities shall be equipped with an appropriate anticlimbing device or other similar protection device to prevent unauthorized access to the facility.

18.7.3.12. Any equipment shelter or cabinet that supports communication facilities shall be concealed from public view, integrated into the architecture of the structure, made compatible with the architecture of the surrounding structures, placed underground and/or screened or buffered. Landscaping may be required to conceal the structure from public view. Any equipment shelter or cabinet shall not be greater than three hundred and thirty (330) square feet nor higher than ten (10) feet. An aboveground equipment shelter or cabinet shall not be located in a front yard. If an equipment shelter or cabinet is placed underground, the air conditioning unit must be screened from public view and approval of such screening shall be subject to approval by the Board of Commissioners if the air conditioning unit is in the front yard.

18.7.3.13. Towers or antennas shall have either a galvanized finish or shall be painted a non-contrasting color.

18.7.3.14. Where lighting is required, dual lighting mode (red at night/strobe during the day) shall be allowed.

18.7.3.15. “Regulatory compliance.” All communication facilities must meet or exceed the current standards of the Federal Aviation Administration and Federal Communication Commission and any other agency of the State or Federal Government with authority to regulate these facilities. Proof of this compliance shall be submitted along with the application for the tower or prior issuance of zoning.

18.7.3.16. Height Requirements. Any antenna or tower structure must comply with the provisions of Section 4.5 of this Ordinance where applicable.

18.7.4. Setbacks.


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18.7.4.1. Communication tower or antenna setbacks shall be measured from the perimeter of the tower base to the property or base line of the lot on which it is located;

18.7.4.2. Communication tower or antenna structures must at a minimum be set back from the property or base line a distance equal to the height of the tower; and

18.7.4.3. No tower or antenna shall be located closer than the height of the tower to any residential structure or district plus one hundred (100) feet).

18.7.4.4. Decisions by the Board of Commissioners. Decisions by the Board of Commissioners shall meet the requirements in the sections below:

18.7.5.1. The procedure for making decisions on all Telecommunication Towers and Antennas shall be as required in Section 24.2 of this Ordinance.

18.7.5.2. Any decision of the Board of Commissioners denying an application for the erection or co-location of a Communication Tower or Antenna shall be provided to the applicant in writing stating the reasons for denial. 18.7.5.3. All decisions of the Board of Commissioners under this Section shall be noted in a written record of the proceedings together with all evidence on which the decision was made. 18.7.6. Permit Procedures: All construction permits shall be issued based upon the approved Schedule of Fees and Charges by the Zoning Official. Permits issued for power construction shall be treated as separate permits from each tenant or user wishes to locate on a tower.

SECTION 18.8. Functional Classification of Streets and Highways.

The following streets and highways shall be classified for the purposes of this Ordinance as follows: 18.8.1. Freeways, Arterials, and Collectors. Street or Highway Names Classification Alton V. White Blvd. Collector Antioch Church Rd. Collector


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Bethel Church Rd. Collector Big Oak Rd. Collector Bullard Rd. Collector Cary Rd. Collector Cool Springs Rd. Collector Ga. 18 / Gordon Rd. Arterial Ga. 57 Arterial Ga. 358 Arterial Ga. 96 Arterial Gallemore Rd. Collector Gates Farm Rd. Collector Hammock Rd. Collector I-16 Freeway Jack Vaughn Rd. Collector Jeffersonville Rd. Collector Liberty Hill Rd. Collector Lucy Chapel Rd. Collector Marion-Ripley Rd. Collector Myricks Mill Rd. Collector New Haven Church Rd. Collector Prospect Church Rd. Collector Ridge Rd. Collector Riggins Mill Rd. Collector Scoda Rd. Collector US 129 / Ga. 23 / Ga. 87 Arterial US 80 / Ga. 19 Arterial William Waters Rd. Collector 18.8.2. All other streets with right-of-ways greater than 20 feet are classified as minor

streets; 18.8.3. All other streets with right-of-ways less than 20 feet are classified as alleys.

SECTION 18.9. Race Tracks. This section shall apply to all race tracks whether for automobiles, motocycles, ATVs, bicycles, horses, dogs, or any other form of racing. The following standards shall be met for all race tracks:


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18.9.1. The property on which the race track is located shall be fifty (50) acres in size and located on an arterial street.

18.9.2. The proprty line of the property on which a race track is located shall

not be closer than twenty-five hundred (2,500) feet from a residential structure, school, church, or cemetery. If “mudbogging” is conducted on the property, the distance shall be five thousand (5,000) feet.

18.9.3. Restroom facilities shall be provided; said restroom facilities shall be

approved by the Twiggs County Health department. 18.9.4. Acceleration and deceleration lanes of two hundred (200) feet in length shall

be provided, as well as a two hundred (200) foot lane designated for left turns into the property.

SECTION 18.10. Cemeteries.

When allowed as a permitted or conditional use, cemeteries shall meet the following requirements: 18.10.1. No cemetery shall be allowed in the unincorporated area of Twiggs County

without the owner, creator, trust or other legal entity having first applied for and obtained from the Twiggs County Planning and Zoning, a permit approving the operation thereof.

*Burial-Depositing in or as if in the earth. *Burial Plot- A small piece of land in a cemetery. *Cemetery- A place where human remains are interred. *Interment- Depositing a human remain in the earth or a tomb.

In addition to any other requirements set forth in this chapter, no permit will be granted without compliance with the following:

18.10.1.1. A plat of survey of the cemetery prepared by a state registered land surveyor shall be submitted to the County Planning and Zoning along with the application. Upon approval of the survey by the county Planning and Zoning, the applicant shall file or cause to have filed, two signed original copies of the survey with Superior Court Clerk for recording.


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18.10.1.2. The location of the proposed cemetery is to be compatible with adjacent land uses, existing or proposed highways and other elements or factors deemed by the county to affect the public health, safety, and welfare of the inhabitants of the area surrounding the proposed location, including but not limited to the effect on aquifers, wells and ground water, the potential for pollution of nearby streams, lakes and other waters and the suitability of the soil composition for such use. Under no circumstances shall a cemetery be allowed within 1000 feet from any known well, aquifer, lake, or stream which in the determination of EPD requires a stream buffer. 18.10.1.3. No cemetery shall lie in whole or in part within a floodplain and certification of the same must be provided upon survey shown on the latest FEMA flood map. 18.10.1.4. The boundaries of the proposed cemetery must be clearly marked and delineated by concrete or metal pins or other permanent means of identification. 18.10.1.5. Adequate access, ingress and egress to and from the cemetery must be available by public road or private drive. 18.10.1.6. Any land disturbance in the construction of a cemetery must be subject to all sediment erosion and ground water run-off requirements applicable to other development projects as set forth in the ordinances and regulations of Twiggs County, Georgia. 18.10.1.7. All graves must be marked with an appropriate marker as defined herein that will allow law enforcement authorities to locate graves if necessary for any lawful purpose after interment.

18.10.1.8. All cemeteries shall be subject to the requirements of the state law

and regulations in effect or as they may exist in the future with regard to perpetual care, reinterment of remains and any such other conditions as may require remediation.

18.10.1.9. All human remains shall be buried in a decay and water resistant casket or vault.

18.10.1.10. No human remains shall be buried less than the depth that is

customarily used in the funeral industry in Georgia and in accordance with


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minimum standards for interment as may be adopted by the Secretary of State.

18.10.1.11. Remains of persons who die from communicable disease must be buried by and under the supervision of a licensed funeral director in accordance with the rules of the State Funeral Service Board. 18.10.1.12. Human remains must be buried before they begin to decompose as evidence by odor, or create a danger to health, safety, and welfare to others.

18.10.2. Any new cemetery shall be located on a site containing no less than ten (10)

acres as required by O.C.G.A. § 10-14-10(a), except as otherwise provided herein.

18.10.3. All structures shall be not closer than twenty-five (25) feet to any property

line. 18.10.4. All graves or burial plots shall be not closer than twenty-five (25) feet to any

property or street right-of-way line and not closer than fifty (50) feet to any collector or arterial street or freeway right-of-way line.

18.10.5. The entire cemetery property shall be landscapaed and maintained. 18.10.6. Except for 18.10.1.9, the regulations and standards shall not apply to the

following:

18.10.6.1. Governmentally owned cemeteries;

18.10.6.2. Fraternal cemeteries;

18.10.6.3. Cemeteries owned and operated by churches, synagogues, or communities; or

18.10.6.4. Family burial plots.

18.10.7. Prohibited Acts.

18.10.7.1. It shall be a violation of this chapter to willfully disturb, destroy, deface, mutilate, remove, excavate, or expose a burial place without first


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obtaining a permit pursuant O.C.G.A tit.36, ch. (O.C.G.A 36-72-1 et seq.), or as amended from time to time, and following the requirements of this chapter.

18.10.7.2. It shall be a violation of this chapter to fail to report the discovery of human remains or notify the local authority of the disturbance of a burial ground.

18.10.7.3. It shall be unlawful for any undertaker or any other person to bury or cause to be buried, or in any, manner aid or assist in the burial of the dead body of any human being in any cemetery or location in the unincorporated area of the county other than an authorized public cemetery or a private cemetery established and approved pursuant of this chapter.

18.10.8. Penalties For Violation Of Article – It shall be unlawful for any persons or entities to operate a cemetery in the unincorporated area of the county unless done so in compliance with the provisions of the chapter.

18.10.8.1. Violators of any provisions of the chapter shall be subject to a $1000.00 fine. 18.10.8.2. In addition to any other remedy provided in this article, the county may seek injunctive relief to cease and remove any violations of this article in the appropriate court against the appropriate person or entity. 18.10.8.3. Any violations of this article is hereby deemed to be continuing nuisance and may be abated by an application for injunction or other proceeding allowed by law in the appropriate court.

All ordinances or parts thereof in conflict herewith are hereby repealed.

SECTION 18.11. Inoperable vehicles. Inoperarable vehicles lacking a valid license plate and/or current registration shall not be allowed to be located on any lot containing any dwelling, group home, modular home, mobile homoe or manufactured home within a R-1 Single Family or R-2 Multi-Family District.


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SECTION 18.12. Two Dwellings on a Single Lot. Two dwellings (single family, modular home or manufactured home) may be located on the same lot provided the following standards are met: 18.12.1. The lot containing two dwellings shall be at least twice the minimum lot size

for the district in which each is located; 18.12.2. The two dwellings shall be separated by a minimum distance of forty (40)

feet; 18.12.3. All other setback requirements for the district where the dwellings are

located shall be met; and 18.12.4. The lot on which the two dwellings are to be placed must be able to be

subdivided into two conforming lots.

SECTION 18.13. Approval by the Georgia Department of Transportation. Site plans for use of land located on a State Road or Highway or a Street or Highway under control of the Georgia Department of Transportation which shall require a curb cut shall be submitted to said department for review and approval. No zoning permit shall be issued for a use of land requiring curb cut approval that is located on a State Road or Highway or a Street under the control of the Georgia Department of Transportation without firt having the approval of said department.

SECTION 18.14. Developments of Regional Impact Review. Any development application which exceeds the applicable threshold criteria for Developments of Regional Impact (DRI) shall be submitted to the Middle Georgia Regional Development Center (MGRDC) for review. The Zoning Enforcement Officer shall submit a compelted DRI Review form and two complete copies of the application to the MGRDC. No local approval of a DRI shall be granted prior to completion of the required regional review.


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SECTION 18.15. Performance Standards for Environmentally Sensitive Uses or Activities.

18.15.1. All permits required by the Environmental Protection Division of the

Georgia Department of Natural Resources shall be obtained before the use or activity commences.

18.15.2. No environmentally sensitive use or activity required to use these

performance standards shall be located within an area that has been designated as a “most significant groundwater recharge area” on the GROUND-WATER POLLUTION SUSCEPTIBILITY MAP OF GEORGIAi, Hydrologic Atlas 20.

18.15.3. Uses or activities governed by this Section shall be fifteen hundred (1,500)

feet from a residence or school. 18.15.4. All onsite streams, creeks or other waterways shall be protected by a fifty

(50) foot undisturbed vegetative buffer. 18.15.5. Any use having to do with solid waste or sludge shall not be located within

five thousand (5,000) feet to an approach surface to an airport. 18.15.6. An insurance policy in an amount to be determined by the Board of

Commissioners shall be maintained annually to cover the costs of any cleanup activities that need to be taken as a result of damage to neighboring properties. Proof of insurance shall be provided to the Zoning Enforcement Officer on the anniversary date of the issued permit. Failure to provide this proof by the anniversary date shall automatically revoke the permit. The Applicant may request reinstatement of the permit by following the procedure initially used in obtaining the original permit.


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CHAPTER 19 NON-CONFORMING USES AND BUILDING STRUCTURE.

SECTION 19.1. General Provisions.

Except as provided for in Section 19.2, any structure or use of land existing at the time of enactment or subsequent amendment of this Land Development Ordinance, but not in conformity with its use provisions, or other restrictions imposed by this Ordinance, may be continued with the following limitations: 19.1.1. A non-conforming use may not be changed to another non-confomring use. 19.1.2. A non-conforming use may not be reestablished after discontinuance of that

use for one (1) continuous year. 19.1.3. A non-conforming use or structure may not be enlarged beyond its size at the

time the use or structure becomes non-conforming. This includes, but is not limited to, the size or the building, the number of employees, hours of operation during the day or night, the use of additional land, and additional or more powerful equipment.

19.1.4. A non-conforming structure may not be rebuilt, altered, repaired or replaced

after incurring damages exceeding seventy-five percent (75%) of the fair market value of the structure at the time immediately preceding such damage occurring. A non-conforming manufactured or mobile home may not be replaced after it is removed from the property.

SECTION 19.2. Alteration of Non-Conforming Uses or Structure Approved by the

Board of Commissioners. The Board of Commissioners may grant the change, reestablish or enlargement of a non-conforming use or the enlargement, rebuilding, alteration, repair or replacement of a non-conforming structure upon the following findings: 19.2.1. The change, reestablishment, enlargement, rebuilding, alteration, repair or

replacement would be no more detrimental to the surrounding area than the existing or previous use;

19.2.2. The structure cannot be economically modified so as to be suitable for use in

the district;


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19.2.3. The structure would have to be removed to permit development for

conforming use; 19.2.4. The structure has such value that removal to permit development for a

conforming use would cause excessive economic hardship to the owner; 19.2.5. The proposed change, restablishment, enlargement, rebuliding, alteration,

replacement, or repair would not cause substantial detriment to the public good or impair the purposes and intend of this Land Development Ordinance; and

SECTION 19.3. Applications for Alteration of Non-Conforming Use or Structure. Applications submitted to the Board of Commissioners requesting the change, reestablishment, enlargement, rebuilding, alteration, repair or replacement of a non-conforming use structure shall be processed in accordance with Section 24.2. and include the following information: 19.3.1. The applicant shall bear the burden of providing evidence to the Board of

Commissioners that the use or structure is legally non-conforming. 19.3.2. The applicant shall submit a plat or an accurate site plan, showing the

dimensions of the lot, size and location of all structures and their distance from all property lines, the names of all streets which the property abuts, and parking spaces.

19.3.3. If the request is for a commercial use or structure, a written description shall

include hours of operation, number of employees, equipment used, products made or sold, type of signs, and other information as requested by the Board of Commissioners necessary to reach a decision.

19.3.4. The applicant shall provide evidence to the Board of Commissioners on how the proposed change, reestablishment, enlargement, rebuilding, alteration, repair or replacement will comply with the current zoning, health and building requirements.


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SECTION 19.4. Right of Board of Commissioners to Impose Conditions. If the requested change, reestablishment, enlargement, rebuilding, alteration, repair replacement is approved, the Board of Commissioners may place conditions on the approval to ensure protection of the surrounding area. The applicant is responsible for conformance with these conditions.

CHAPTER 20 SIGN REGULATIONS

SECTION 20.1. General.

All signs located within the unincorporated areas of Twiggs County shall be constructed, erected, and maintained in accordance with the provisions of this section. These regulations are not intended to regulate the content of any sign.

SECTION 20.2. Construction and Maintenance. All signs must be constructed of durable materials in a structurally safe manner; be maintained in good condition and appearance; be compatible in appearance and aesthetics to other signs in the general area; and must not be allowed to become deteriorated or dilapidated.

SECTION 20.3. Supplemental Definitions. 20.3.1. “Billboard”: Any sign greater than three hundred-eighty-four (384) square

feet and no larger than six hundred - seventy - two (672) square feet. 20.3.2. “Construction sign”: Any temporary sign located on premises under

construction, alteration, or demolition. 20.3.3. “Flag”: Any fabric, banner, or bunting used to symbolize government,

political subdivision, or other legalized entity. 20.3.4. “Freestanding sign”: Any sign that is supported by an independent structure

placed on, or anchored in, the ground and not attached to any building or secondary structure.

20.3.5. “Institutional sign”: Any sign which is located on property containing a

nonprofit corporation or establishment, church or other place of worship,


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educational facility, civic club or association, golf, swimming, tennis or similar club or recreation area, and which is located on the same parcel as the activity identified.

20.3.6. “Multifamily identification sign”: Any sign which is located on property

containing a multifamily development. 20.3.7. “Political sign”: Any temporary sign located on private property during the

period from sixty (60) days before to thirty (30) days after any public election. 20.3.8. “Portable sign”: Any sign, which because of its design or construction was

originally intended to be transportable (moveable). For the purpose of these regulations, a portable sign shall be considered a freestanding sign.

20.3.9. “Projection/canopy sign”: Any sign affixed to a building, wall or canopy in

such a manner that its leading edge is extended more than twenty-four (24) inches beyond the surface of the building or wall.

20.3.10. “Reader board”: Any sign or portion thereof with characters, letters, or

Illustrations that can be mechanically or electronically changed or rearranged without altering the face of the surface.

20.3.11. “Real estate sign”: A temporary sign located on property for sale, lease or

rental. 20.3.12. “Residential subdivision identification sign”: Any sign located on

private property and at the entrance to a residential subdivision. 20.3.13. “Roof sign”: Any sign erected and constructed wholly on and over the roof

of a building supported by roof structure and extending vertically above the highest portion of the roof.

20.3.14. “Shopping Center Identification Sign”: Any freestanding sign located at the

entrance of property containing a shopping center; which may contain up to ten (10)separate signs located on a freestanding structure, the sum of which shall be no larger than three hundred-eighty-four (384) square feet in size.

20.3.15. “Sign”: Any identification, description, illustration, object or device,

illuminated or non-illuminated, which is visible from any public place or is located on private property and exposed to the public and which directs


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attention to a product, service, place, activity, person, message, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags.

20.3.16. “Sign area”: The smallest square, rectangle, triangle, circle or combination

thereof encompassing the entire advertising area, excluding architectural trim and structural support.

20.3.17. “Sign structure”: Any structure which supports, has supports, has supported

or is capable of supporting a sign, including decorative cover. 20.3.18. “Temporary sign”: Any sign that by its design and construction or is

intended to be used only temporarily and is not permanently mounted or anchored.

20.3.19. “Wall sign”: Any sign painted on, erected within twenty-four (24) inches and

parallel to the exterior wall of any building or structure.

SECTION 20.4. Prohibited Signs. 20.4.1. No sign shall be constructed, erected, or maintained that use the words,

“Stop,” “Emergency,” or “Danger,” or uses emergency colors of red, blue, or amber, in such a manner as to imply danger or emergency, or which is a copy or imitation of an official traffic control sign.

20.4.2. Roof signs, except on the facings of roofs when no other space is available for

the mounting of signs. Supports for roof signs shall be attached to the structural supports of the roof, and shall not project above the ridge line of the roof.

20.4.3. Signs which advertise an activity that is illegal under Georgia or federal law or

regulations in effect at the location of such signs or activity. 20.4.4. Signs that obstruct the sight distance along a public right-of way.

20.4.5. Signs that could be confused with or obstruct the view of traffic signs or

signals, or to be confused with a flashing light of an emergency vehicle.


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SECTION 20.5. Signs In The Public Right-of-Way. No sign, including an overhang, shall be allowed within the public right- of-way, except as provided for under Georgia Law.

SECTION 20.6. Signs as Permitted Uses. 20.6.1. Residential Districts: Within the R-AG, R-1, R-2, and R-MH Residential

Districts, the following signs are permitted:

20.6.1.1. One (1) sign attached to a dwelling not exceeding two (2) square feet, not to exceed one (1) sign per lot. 20.6.1.2. One (1) multifamily identification sign, which may be free standing and not exceed eight (8) square feet in size and located twenty feet from all property lines.

20.6.1.3. Institutional signs, not to exceed one (1) sign per lot and no larger than thirty-two (32) square feet in size.

20.6.2. Neighborhood Service Commercial District (C-1): The following signs are

permitted in a C-1 district:

20.6.2.1. Freestanding, projection/wall or reader board signs where the aggregate square footage does not to exceed two (2) square feet for each lineal foot of lot frontage. 20.6.2.2. Freestanding, projection/canopy, wall, or reader board signs allowed under Section 20.6.2.1. above shall met the requirements of Sections 20.9, 20.10, 20.11 and 20.12 and be no greater than three hundred-eighty-four (384) square feet in size. 20.6.2.3. One (1) sign not to exceed eight (8) square feet and not to exceed two and one half (2.5) feet in height when located at the entrance and exit driveways of the property. These signs shall not be considered freestanding signs.

20.6.3. General Commercial District (C-2), and General Industrial District (I-G):

The following signs are permitted in C-2 and I-G Districts:


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20.6.3.1. Freestanding, projection/wall or reader board signs where the aggregate square footage does not to exceed two (2) square feet for each lineal foot of lot frontage. 20.6.3.2. Freestanding, projection/canopy, wall, or reader board signs allowed under Section 20.6.3.1. above shall met the requirements of Sections 20.9, 20.10, 20.11 and 20.12 and be no greater than three hundred-eighty-four (384) square feet in size. 20.6.3.3. Shopping center identification sign. 20.6.3.4. One (1) sign not to exceed eight (8) square feet and not to exceed two and one half (2.5) feet in height when located at the entrance and exit driveways of the property. These signs shall not be considered freestanding signs.

SECTION 20.7. Signs as Conditional Uses.

20.7.1. Agricultural Residential District (R-AG): Within the Agricultural Residential

District ( R- AG ) the following signs are allowed as conditional uses:

20.7.1.1. Freestanding, projection/canopy, wall, or reader board signs located on property having a retail or service trade establishment as allowed in Sections 5.2.3, 5.2.7, 5.2.16, 5.3.1, and 5.3.11. The aggregate area for all signs shall not exceed two (2) square feet for each linear foot of building frontage with the maximum size of an individual sign not to exceed three hundred-eighty-four (384) square feet in size. 20.7.1.2. One (1) sign not to exceed four (4) square feet and not to exceed two and one half (2.5) feet in height when located at the entrance and exit driveways of the property for those uses allowed to have signs in Sections 5.2.3, 5.2.7, 5.2.16, 5.3.1 and 5.3.11.

20.7.2. Agricultural Residential District (R-AG), Neighborhood Service Commercial

District (C-1), General Commercial District (C-2) and General Industrial District (I-G):

Billboards may be allowed in R-AG, C-1, C-2 and I-G districts by the Board of Commissioners provided such sign is located on a freeway, arterial or collector street


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or highway and that the requirements of this Chapter are met. A billboard may be allowed in addition to the maximum aggregate square footage allowed. 20.7.3. Planned Development Districts: Within a Planned Development District the following signs are allowed as conditional uses:

20.7.3.1. Residential uses shall meet the requirements of Section 20.6.1 and 20.7.1. 20.7.3.2. Commercial uses shall meet the requirements of Section 20.6.2 and 20.6.3. 20.7.3.3. Industrial uses shall meet the requirements of Section 20.6.3. 20.7.3.4. A signage plan shall accompany the application for rezoning showing all sign structures, and the size and height of each structure.

SECTION 20.8. Special Requirements for Billboards.

20.8.1. All billboards shall be a conditional use in those districts allowing billboards.

The Board of Commissioners, in determining whether to allow a billboard as a conditional use, shall be guided by the following criteria: 20.8.1.1. Whether the size of the site and the size and height of the sign are suitable, considering the relationship of the proposed sign to adjacent parcels of land and development patterns in the area; 20.8.1.2. The impact which the proposed sign may have on the view of significant features of the landscape as seen by motorists and adjacent property owners; the proposed location and setback of the sign on the site, and is aesthetic impact on surrounding properties; 20.8.1.3. The effect the proposed sign will have on traffic and highway safety; 20.8.1.4. Any accompanying or unique feature of the proposed sign, including plans for illumination and landscaping; and 20.8.1.5. Any other factor that is related to the suitability of the proposed sign for the proposed site, including any conditions or limitations offered by the applicant.


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20.8.2. If a proposed billboard is to be located on a route under the jurisdiction of the Georgia Department of Transportation, then said billboard shall meet the requirements of the Georgia Department of Transportation. A copy of the permit issued by the Georgia Department of Transportation shall be provided to the Zoning Enforcement Officer and placed in the subject permit file.

20.8.3. Spacing and setback requirements for billboards: 20.8.3.1. A Billboard shall not be located within one thousand (1,000) feet of another billboard. 20.8.3.2. Distances, when required by these regulations, shall be established by a survey performed by a surveyor licensed in the State of Georgia. Said survey shall be provided at the time an application is made for the sign.

20.8.4. Prohibited billboards: The following billboards shall be prohibited:

20.8.4.1. Double-stacked or side by side signs; 20.8.4.2. Wall, rooftop, or canopy signs;

20.8.4.3. Signs with flashing, intermittent or moving light except those giving public service information such as time, date, temperature, weather, or other similar information.

SECTION 20.9. Special Requirements for Projection/Canopy Signs.

In addition to the requirements for each zoning district where the sign is to be located, the following shall apply to projection/canopy signs: 20.9.1. No projection/canopy sign shall be less than ten (10) feet above the level of a

sidewalk or other pedestrian way, nor shall it be less than sixteen (16) feet above the level of a driveway or other vehicular thoroughfare.

20.9.2. Projecting/canopy signs are not allowed over public property.


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SECTION 20.10. Special Requirements for Reader Boards. In addition to the requirement of each zoning district the following shall apply to reader boards:

20.10.1. Reader boards may change messages via an electronic process. 20.10.2 Reader boards may be attached to the wall of a structure provided the

requirements of Section 20.11 are met.

SECTION 20.11. Special Requirements for Wall Signs.

In addition to the requirements of each zoning district the following shall apply to wall signs: 20.11.1. The total area of wall signs on the exterior front surface of a building shall

not exceed twenty-five (25) percent of the front surface of the building. 20.11.2. The total area of wall signs on a side or rear surface of a building shall not

exceed fifty (50) percent of the exterior side or rear surface of the building, respectively.

SECTION 20.12. Maximum Height of Sign. 20.12.1. Billboards. Maximum height of billboards shall be seventy (70) feet for signs

located adjacent to I-16, and forty (40) feet for signs located on all other streets.

20.12.2. Construction signs. Maximum height of construction signs shall be two and

one half (2.5) feet in all residential districts and twelve (12) feet in all other districts.

20.12.3. Institutional signs. Maximum height of institutional signs shall be twelve (12)

feet in all districts. 20.12.4. Multifamily identification signs. Maximum height of multifamily

identification signs shall be five (5) feet.


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20.12.5. Real estate signs. Maximum height of real estate signs shall be two and one half (2.5) feet in all residential districts and twelve (12) feet in all other districts.

20.12.6. Residential subdivision identification sign. Maximum height of residential

subdivision identification sign shall be five (5) feet. 20.12.7. Shopping center identification signs. Maximum height of shopping center

identification signs shall be thirty-five (35) feet. 20.12.8. Any freestanding sign except for billboards, located within one thousand

(1,000) linear feet of an interstate interchange may be no greater than one hundred (100) feet in height.

20.12.9. All other free standing signs. Maximum height of all other freestanding

signs, unless specifically stated elsewhere in these regulations, shall be two and one half (2.5) feet in all residential districts, and thirty-five (35) feet in all other districts.

SECTION 20.13. Special Requirements for Illuminated Sign. 20.13.1. All signs shall conform to electrical code adopted by Twiggs County. 20.13.2. Illumination devices shall be placed and shielded to prevent light from

being cast directly into residential districts, or hindering the operation of motor vehicles.

SECTION 20.14. Signs Allowed Without Zoning Permit.

The following signs shall be allowed without a zoning permit: 20.14.1. Signs permitted under Section 20.6.1.1. 20.14.2. Real estate signs not to exceed four (4) square feet in Residential Districts

and thirty-two (32) square feet in all other districts. 20.14.3. Political signs. 20.14.4. Residential subdivision identification signs.


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20.14.5. Construction signs not to exceed four (4) square feet in R-1 and R-2 districts and thirty (32) square feet in all other districts.

20.14.6. Flags in any district.

SECTION 20.15. Maintenance and Removal of Signs. 20.15.1. Any sign (except billboards) which is located on property which becomes

vacant and unoccupied for a continuous period of twelve (12) months or more, or any sign which pertains to an event or purpose which no longer applies, shall be deemed have been abandoned. Such sign shall be taken down and removed within thirty (30) days of the receipt of notice by the Zoning Enforcement Officer to the owner, agent of person having a beneficial use if the building, structure or land upon which such sign is located. The Board of Commissioners may extend said twelve (12) month period.

20.15.2. Signs existing on the effective date of this Ordinance may continue in

existence so long as they are properly maintained and kept in good repair. In any case any sign is not so maintained, the Zoning Enforcement Officer shall give written notice to the person, firm or corporation responsible for the sign to correct the specified maintenance problems. If the designated corrective action is not taken within thirty (30) days for the mailing of such notice, the Zoning Enforcement Officer shall order the responsible firm or corporation to remove the sign.

20.15.3. Any legally established nonconforming sign or sign structures shall be

permitted without alteration in size or location. Nothing herein shall prevent maintenance, repairing, or posting of legally established nonconforming signs.

CHAPTER 21

PROCEDURES FOR SUBDIVISION PLAT APPROVAL

SECTION 21.1. Platting Authority. The Twiggs County Board of Commissioners shall be the official platting authority. As the official platting authority, the Twiggs County Board of Commissioners hereby delegates to the Zoning Enforcement Officer the power to approve or deny all preliminary and final plats in accordance with the standards set out in this Ordinance.


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21.1.1. General Application. Any person proposing to subdivide land within the unincorporated area of Twiggs County, Georgia shall submit to the Zoning Enforcement Officer plats of the proposed subdivision which shall conform to all the requirements set forth in these regulations.

21.1.2. Preliminary Plat Approval Required Prior to Construction. No subdivider

shall proceed with any construction work on a proposed subdivision before obtaining Preliminary Plat Approval from the Zoning Enforcement Officer, as certified thereon.

21.1.3. Recording of Final Plat Required Prior to Sale of Lot. No subdivider shall

sell any lot in a proposed subdivision by reference to or exhibition of or by any other use of a plat of such subdivision, until such plat has been given final approval by the Zoning Enforcement Officer, as certified thereon, and recorded in the Office of the Clerk of the Superior Court of Twiggs County.

21.1.4. Legal Status of Public Street Required. No land dedicated as a public street

shall be accepted, opened, or improved, nor shall any utilities or other facilities be installed therein, unless such street shall have been accepted or opened as, or otherwise shall have received the legal status of, a public street prior to the adoption of these regulations, or unless such street corresponds in its location and lines with a street shown on a plat approved by the Zoning Enforcement Officer.

21.1.5. Access to Public Street Required. No zoning permit shall be issued for and

no building or other structure shall be erected on any lot within the unincorporated area of Twiggs County, Georgia, unless such lot has access to a street which shall have been accepted or opened as, or otherwise shall have received the legal status of, a public street; provided; however, that private streets and other private access ways may be approved under the terms of these rules and regulations in PUD developments, condominium projects, apartment projects, townhouses, commercial developments, shopping centers, or other similar developments and under Section 22.7.18 of this Ordinance.

SECTION 21.2. Pre-Application Review. Whenever the subdivision of a tract of land is proposed, the subdivider may, at his discretion, consult early and informally with the Zoning Enforcement Officer for advice and assistance. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout and


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development of the subdivision. If the tract of land is not to be initially subdivided in its entirety, the subdivider should provide sketch plans for the entire tract and indicate the proposed unit divisions or staged development boundaries. No fee shall be charged for the pre-application review, and no formal application shall be required.

SECTION 21.3. Procedure for Preliminary Plat Approval. Prior to the cutting or grading of any street or the making of any street improvements or the installation of utilities, the subdivider shall submit to the Zoning Enforcement Officer a Preliminary Plat of the proposed subdivision in accordance with the following procedure: 21.3.1. Application for Preliminary Plat Approval. Following any pre-application

review of the proposed subdivision, the subdivider shall submit to the Zoning Enforcement Officer, a letter requesting review and approval of a preliminary plat and three (3) copies of the preliminary plat and other documents, as specified in Section 21.4 herein. The Zoning Enforcement Officer shall then distribute to the County Health Department one (1) copy each of the preliminary plat and maintain one (1) copy for his file.

21.3.2. Review of Preliminary Plat. The Zoning Enforcement Officer shall check

the plat for conformance to the rules and regulations set forth in this document and review storm runoff plans for the subdivision . The County Health Department shall review the proposed method of sewage disposal and water supply for the subdivision and express its written approval, disapproval, or approval subject to listed modifications to the Zoning Enforcement Officer. Failure of the County Health Department to notify the Zoning Enforcement Officer of its findings within thirty (30) days following submission of the preliminary plat, without due cause, shall be deemed to be approval of the proposed subdivision by the County Health Department.

21.3.3. Preliminary Approval. Following review of the preliminary plat and other

related material, the Zoning Enforcement Officer may issue a Certificate of Preliminary Approval noting the conditions of such approval on three (3) copies of the preliminary plat with one (1) copy being returned to the subdivider, one (1) copy to the County Health Department, and one (1) copy to be added to the records of the Zoning Enforcement Officer. Approval of a


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preliminary plat does not constitute approval of a Final Plat. It indicates only approval of the layout as a guide to the preparation of the Final Plat.

21.3.5. Expiration of Time. Preliminary approval shall expire and be of no further

effect twelve (12) months from the date of the preliminary approval unless the time is extended by the Zoning Enforcement Officer.

21.3.6. Disapproval. The Zoning Enforcement Officer may find reasons detrimental

to the public safety, health, and general welfare, or in conflict with adopted plans of the Board of Commissioners, which will require the disapproval of the preliminary plat. A statement of the reasons for disapproval shall be made on three (3) copies of the preliminary plat with one (1) copy being returned to the subdivider, one (1) copy to the County Health Department, and one (1) copy being added to the records of the Zoning Enforcement Officer. The applicant may re-apply for preliminary plat approval in accordance with Section 21.3.1 herein.

SECTION 21.4. Preliminary Plat Specifications.

21.4.1. Scale. The preliminary plat shall be clearly and legibly drawn at a scale not

smaller than one hundred (100) feet to one (1) inch. 21.4.2. Sheet Size. The preliminary plat shall be drawn in ink on suitable permanent

reproducible material, on sheets eighteen (18) inches by twenty-four (24) inches. If the complete plat cannot be shown on one sheet, it may be shown in sections on more than one sheet with an index map drawn at a reduced scale.

21.4.3. Ground Elevations. The preliminary plat shall show ground elevations, based

on the datum plane of the U. S. Coast and Geodetic Survey, with a contour interval of five (5) feet (or less if determined necessary by the Zoning Enforcement Officer).

21.4.4. Existing Conditions To be Provided on Preliminary Plat:

21.4.4.1. Title (“Preliminary Plat”), numerical scale, graphic scale, north arrow, indicating both magnetic and true north, date, inscription stating “Not for Final Recording.”


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21.4.4.2. A vicinity map showing the location of the tract with approximate distances to obvious geographical locations. 21.4.4.3. Present tract designation according to official records, title under which proposed subdivision is to be recorded with names and addresses of owners and any mortgagor or holder of an encumbrance on the property to be subdivided, name and address of subdivision designer, notation stating acreage to be subdivided, bench marks, certification of registered land surveyor, date of survey. 21.4.4.4. Zoning district classification of the proposed subdivision and of adjoining properties. 21.4.4.5. Deed record names and addresses of adjoining property owners of subdivisions. 21.4.4.6. Other conditions on adjacent land -- character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences. 21.4.4.7. Boundary lines, bearings and distances; a legal description of the tract proposed to be subdivided according to the records in the Office of the Clerk of Superior Court of Twiggs County. The legal description may be submitted as a separate document if desired. 21.4.4.8. Existing easements--location, width, and purpose. 21.4.4.9. Existing streets on and adjacent to the tract--name, right-of-way width; roadway width. 21.4.4.10. Utilities on and adjacent to the tract-- location, size, and invert elevation of sanitary and storm sewers, location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles; if water mains and sewers are not on or adjacent to the street, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers (if use of public sewers is proposed). 21.4.4.11. A site evaluation and soil analysis shall be performed for each lot in a proposed subdivision where the subdivision is not to be served by a public


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sewer system. Other subsurface and soil conditions studies of the tract may be specified by the County Health Department. 21.4.4.12. Other conditions on the tract--wooded areas, tree masses, major rock outcroppings, houses, barns, shacks, all water courses, marshes, swamps, and land subject to flood as determined from past history of flooding, the 100-year flood plain as identified by the Flood Insurance Rate Maps, and other significant features. 21.4.4.13. In case of re-subdivision, a copy of existing plat with proposed changes superimposed thereon.

21.4.5. Proposed Conditions to be Provided on Preliminary Plat: 21.4.5.1. Layout of streets showing right-of-way and roadway widths, road names or designations. 21.4.5.2. Other rights-of-way or easements; locations, width, purpose, and ownership. 21.4.5.3. Layout of all lots, including minimum building setback lines, approximate lot dimensions, utility easements with width and use on all lots, lot numbers and block numbers, and a listing of lot areas (which may be submitted as separate document). 21.4.5.4. Location, dimensions and elevation of the one hundred (100) year flood plain is identified on the Flood Insurance Rate Map. 21.4.5.5. Designation of all land to be reserved or dedicated for public use, together with their purpose and limitations or conditions of such reservations or dedications, if any. 21.4.5.6. Draft of proposed deed restrictions or protective covenants (if any) to be imposed. 21.4.5.7. Sites, if any, for multiple family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.


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21.4.6. Certificate of Preliminary Approval. A Certificate of Preliminary approval of the preliminary plat by the Zoning Enforcement Officer shall be inscribed on the plat as follows:

In that all the requirements of Preliminary Approval have been fulfilled (and with consideration to any conditions noted below), this subdivision plat was given Preliminary Approval on ____________________, _____. The Preliminary Approval does not constitute approval of the Final Plat. This Certificate of Preliminary Approval shall expire and be null and void on ____________________, ____. Date: ______________________ ______________________ Zoning Enforcement Officer NOT FOR FINAL RECORDING

21.4.7. Installation of Site Improvements. After receiving a Certificate of Preliminary Approval, the subdivider may then proceed to grade the streets and install all improvements required under this Ordinance and any other applicable regulations of the county, subject to meeting the requirements of the County Ordinance Providing for Minimum Design and Construction Standards for Subdivision. In lieu of the completion of all improvements prior to submission of the Final Plat, the subdivider may post a performance bond with the county in an amount equal to the cost of providing such improvements, providing for and assuring to the Board of Commissioners the actual construction and installation of such improvements within the period of time specified by the Board of Commissioners and stated in the bond.

SECTION 21.5. Final Plat Procedure.

After completion of the physical development of the subdivision or the posting of a performance bond to guarantee the same, the subdivider shall submit to the Zoning Enforcement Officer a Final Plat in accordance to the following procedure: 21.5.1. Application for Final Plat Approval. Within twelve (12) months (or within

such additional time as may be granted by the Zoning Enforcement Officer) after approval of the preliminary plat, the subdivider may submit to the Zoning Enforcement Officer a letter requesting review and approval of the Final Plat, an original tracing drawn on suitable reproducible material and three (3) printed copies of the Final Plat, and other documents as specified in Section 21.6 herein.


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The Zoning Enforcement Officer shall distribute to the County Health Department one (1) copy of the Final Plat and maintain one (1) copy for his file. 21.5.2. Review of the Final Plat. The Zoning Enforcement Officer shall check the

plat for conformance with the tentatively approved preliminary plat, and with regulations of this Ordinance. The County Health Department shall review the Final Plat and transmit its written approval, disapproval, or approval subject to certain indicated conditions to the Zoning Enforcement Officer.

21.5.3. Zoning Enforcement Officer Approval. The Zoning Enforcement Officer

may give final approval provided the Final Plat is the same as that granted preliminary approval and that all conditions specified by the Zoning Enforcement Officer and specified herein have been met; and shall sign a Certificate of Approval on all plats. Recording of the Final Plat shall be done in accordance with Section 21.7 herein.

21.5.4. Zoning Enforcement Officer Disapproval. The Zoning Enforcement Officer

may find the Final Plat in conflict with the tentatively approved preliminary plat or with this Ordinance requiring the disapproval of the Final Plat. A statement of the reasons for disapproval shall be placed on three (3) prints of the Final Plat with one (1) copy being returned to the subdivider, one (1) copy to the County Health Department, and one (1) copy being added to the records of his office.

No certificate of approval shall be given. The original Plat and the additional copies shall be returned to the subdivider. The Final Plat may be resubmitted as a new application for Final Plat approval after the corrections noted by the Zoning Enforcement Officer are made.

SECTION 21.6. Final Plat Specifications.

21.6.1. Conformance with the Preliminary Plat. The Final Plat shall conform to the

conditions of the tentatively approved preliminary plat. 21.6.2. Original Tracing Specifications. The Final Plat shall be clearly and legibly

drawn on suitable permanent reproducible material. The scale shall be one hundred (100) feet to the inch on sheets eighteen (18) inches by twenty-four (24) inches. If the complete plat cannot be shown on one sheet of this size, it


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may be shown in sections on more than one (1) sheet with an index map at a reduced scale.

21.6.3. Additional Specifications. The Final Plat shall contain the following

information: 21.6.3.1. Primary control points and bench marks with necessary descriptions and locations of such control points, including all dimensions, angles, bearings, and similar data necessary for proper location. 21.6.3.2. Tract boundary lines, rights-of-way lines of streets, easements, and property lines of residential lots and other sites with sufficient data to determine readily and to reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, and building line, whether curved or straight. This shall include, but not be limited to, the radius; length of arc; internal angles, and bearing of the tangents and tangent distances for the center line of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be given to the nearest one-hundredth (1/100) of a foot, and all angles shall be given to the nearest minute. 21.6.3.3. Name and right-of-way width of each street or other right-of-way. 21.6.3.4. Location, dimensions, and purpose of any easements and the one hundred (100) year flood plain if identified on the Flood Insurance Rate Map. 21.6.3.5. Number or letter to identify each lot and block. 21.6.3.6. Purpose of which sites, other than residential lots are dedicated or reserved. 21.6.3.7. Minimum building setback lines on all lots and other sites. 21.6.3.8. Location and description of monuments and markers. 21.6.3.9. Names of record owners of adjoining unplatted land. 21.6.3.10. Reference to recorded subdivision plats of adjoining platted land by record, name, date, and number.


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21.6.3.11. Title, numerical scale, graphic scale, north arrow, and date. 21.6.3.12. Location map showing site in relation to obvious geographical localities. 21.6.3.13. A complete listing of the deviations from the conditionally approved preliminary plat made by the subdivider. 21.6.3.14. Certification by the County Administrator/Clerk that the developer has complied with one of the following alternatives:

21.6.3.14.1. “All improvements have been installed in accordance with the requirements of the Ordinance Providing for Minimum Design and Construction Standards for Subdivisions and other applicable regulations, “ or

21.6.3.14.2. “A Performance Bond has been approved and accepted by the county in sufficient amount to assure the completion of all required improvements in accord with the requirements of the Ordinance Providing for Minimum Design and Construction Standards for Subdivisions and other applicable regulations.” 21.6.3.15. Protective covenants or deed restrictions, if any, shall be placed directly on the final plat or attached thereto in form for recording.

21.6.3.16. Notation of the necessary certifications shall be placed on the Final Plat as specified below in Sections 21.6.4 through 21.6.7.

21.6.4. Surveyor’s Certification. A signed certification by a registered land surveyor

certifying to the accuracy of the survey and the plat shall be placed on the Final Plat as follows:

“In my opinion this plat is a correct representative of the land platted and has been prepared in conformity with the minimum standards and requirements of law and has been calculated for closure by latitudes and departures and is found to be accurate within one (1) foot in __________________feet.” By___________________________ Registered C.E. No._________________


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Registered Georgia Land Surveyor No.___________________ Date_____________________________ Owner’s Certification. A signed certification of ownership shall be placed on the Final Plat as follows: “Owner’s Certification: State of Georgia, County of Twiggs The undersigned certifies that he/she is the owner of the land shown on this plat and acknowledges this plat and allotment to be his/her free act and deed and dedicates to public use forever all areas shown or indicated on this plat as street, alleys, easements, or parks.” ______________________________ _________________________ Owner’s Name Date

21.6.6. Health Department Certification. A signed certification of the Twiggs County Health Department shall be placed on the Final Plat as follows: “I certify that the general lot layout shown on this plat has been approved by the Twiggs County Health Department for ________________ development ___________with _________________.” The blanks in the above certification statement shall be completed by the Director of the Health Department, or his representatives, so as to indicate whether approval is based upon the use of individual sewerage systems, individual water supplies, a community sewerage system, a community water supply, or a combination thereof.

21.6.7. Certification of Approval by the County. A signed certification of the county shall be placed on the Final Plat as follows: “I certify that the owner, or his agent, has completed the construction and installation of the streets, drainage, utilities, and other improvements in accordance with the Regulations of Twiggs County, Georgia, and the requirements of this ordinance. ___________________________ Date:_________________


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Zoning Enforcement Officer

SECTION 21.7. Recording of Final Plat.

Upon the approval of a Final Plat by the Zoning Enforcement Officer, the owner, or his agent, shall have the Final Plat recorded in the office of the Clerk of the Superior Court prior to the sale of any lot in the subdivision. The Final Plat shall be a certified reproducible which meets the original Tracing Specifications as provided for in Section 21.6.2.

CHAPTER 22

GENERAL PRINCIPALS OF SUBDIVISON DESIGN

SECTION 22.1. Suitability of Land. Land subject to flooding, improper drainage, and erosion, and any land deemed to be unsuitable for development shall not be platted for any uses as may continue such conditions or increase danger of health, safety, life, or property unless steps are taken to eliminate the above-mentioned hazards. The applicant is responsible for identifying all areas of the proposed development site that constitute wetlands and for providing appropriate assurances to the Zoning Enforcement Officer that the proposed development activity complies with all applicable requirements of Section 404 of the Clean Water Act.4

SECTION 22.2. Access. 22.2.1. Every subdivision and every lot within shall be served by a publicly-dedicated

street, except as herein provided. 22.2.2. When land is subdivided into larger parcels than ordinary building lot, such

parcels shall be arranged and designed so as to allow for the opening of future streets and to provide access to those areas not presently served by streets.

22.2.3. No subdivision shall be designed so as to completely eliminate street access

to adjoining parcels of land.

SECTION 22.3. Conformance to the Comprehensive Plan. 22.3.1. All proposed subdivisions shall conform to the Comprehensive Plan and

development policies in effect at the time of submission.


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22.3.2. All highways, streets, and other features of the Comprehensive Plan shall be

platted by the subdivider in the location and to the dimension indicated on the Comprehensive Plan. In subdivisions related to or affecting any state or federally numbered highway, the approval of the State Department of Transportation shall be required by the Zoning Enforcement Officer in accordance with Section 22.13 of this Ordinance.

SECTION 22.4. Zoning and Other Regulations.

Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in other official regulations or Ordinances, the most restrictive shall apply.

SECTION 22.5. Modifications. 22.5.1. Modifications of the provisions set forth in these rules and regulations may

be authorized by the Board of Commissioners in specific cases when, in their opinion, undue hardships may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographic and other exceptional conditions require such modifications, and that the granting of the modifications will not adversely affect the general public or nullify the intent of these regulations; provided further that any such modification granted by the Board of Commissioners shall be made in writing to the subdivider and also made a part of the Board of Commissioner’s records and the plat.

22.5.2. Application for any modifications must be filed in writing with necessary

supporting documents with the Board of Commissioners by the subdivider and shall explain in detail the reasons and facts supporting the application. The application process shall be the same as provided for in Section 23.8.

SECTION 22.6. Name of Subdivision. The name of the subdivision shall not duplicate nor closely approximate the name of an existing subdivision, except in the case where the subdivision is a section or part of a larger contiguous subdivision being developed by the same subdivider in phases, sections, or stages. In this case the name of the overall subdivision can be used for each phase, stage, or section, but the phase, stage, or section number must also be included as part of the name.


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SECTION 22.7. Streets Design Standards.

22.7.1. The name of a street shall not duplicate nor closely approximate the name of

an existing street.

22.7.2. The arrangements, character, extent, width, grade, and location of all streets shall conform to the Comprehensive Plan for the county and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

22.7.3. Where such is not shown in the Comprehensive Plan for the county, the

arrangement of streets in a subdivision shall either; 22.7.3.1. Provide for the continuation or appropriate projection of existing streets in surrounding areas at the same or greater width, but in no case less than the required minimum width. 22.7.3.2. Conform to a plan for a neighborhood approved or adopted by the Board of Commissioners to meet a particular situation where topographical or other conditions made continuance or conformance to existing streets impracticable.

22.7.4. Minor streets shall be so laid out that their use by through traffic will be discouraged.

22.7.5. Where a subdivision contains a dead-end street other than a cul-de-sac, the

Zoning Enforcement Officer may require the subdivider to provide a temporary vehicle turn-around within the right-of-way for effective traffic circulation.

22.7.6. Where a subdivision abuts or contains an existing or proposed major street,

the Zoning Enforcement Officer may require marginal access streets, double frontage lots with screen planting contained in a non-access reservation along the rear property lines, deep lots with rear service drives, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.


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22.7.7. Where a subdivision borders on or contains a railroad right-of-way, or limited access highway right-of-way, the Zoning Enforcement Officer may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or industrial purpose in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

22.7.8. Minimum street right-of-way widths shall be as follows:

22.7.8.1. Freeways and Expressways: 200 feet 22.7.8.2. Arterial Streets and Highways: 100 feet 22.7.8.3. Collector Streets: 80 feet 22.7.8.4. Minor Streets:

22.7.8.4.1. Residential 60 feet 22.7.8.4.2. Commercial and industrial: 70 feet 22.7.8.4.3. Cul-de-sac and Loop Streets: 60 feet 22.7.8.4.4. Cul-de-sacs Turn-Around (diameter): 100 feet 22.7.8.4.5. Marginal Access or Frontage Rds: 40 feet 22.7.8.4.6. Alleys, Service Drives, or Private Drive 22 feet (excluding Private Roads pursuant to Section 22.7.18.3.)

22.7.9. A proposed subdivision that includes a platted street that does not conform

to the minimum right-of-way requirements of this Ordinance shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way required by this Ordinance can be established. If the proposed subdivision abuts only one side of said street, then a minimum of one-half of the required extra right-of-way shall be dedicated or reserved by such subdivision.

22.7.10. Street intersections shall be as nearly at right angles as possible, and no

intersection shall be at an angle less than seventy-five (75) degrees. Detailed designs of intersections may be required.

22.7.11. Curb line radius at street intersections shall be at least twenty (20) feet and

where the angle of street intersection is less than ninety (90) degrees, the Zoning Enforcement Officer may require a greater radius.

22.7.12. Right-of-way radius at street intersections shall parallel the curb line radius.


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22.7.13. Street jogs with center line offsets of less than two hundred (200) feet shall

not be permitted. 22.7.14. Cul-de-sac streets shall be designed so that the maximum desirable length

shall be six hundred (600) feet and in no case shall exceed eight hundred (800) feet in length, including circular turn-around.

22.7.15. Alleys or service drives may be required on any lots to be used for multiple-

family, commercial, or industrial developments, but shall not be provided in residential blocks except where the subdivider produces evidence satisfactory to the Zoning Enforcement Officer of the need for alleys or service drives.

22.7.16. Half-Streets shall be prohibited. 22.7.17. Reserve strips controlling access to streets, alleys, or public grounds shall

not be permitted unless the need for such reserve strip demonstrated to and approved by the Board of Commissioners pursuant to the variance procedures of this Ordinance.

22.7.18. Private Roads. The purpose of this Section is to encourage orderly

development, to protect against the adverse effects of premature development, and to protect health and safety by encouraging a practical response time for police protection and rescue service. 22.7.18.1. Number of Lots Permitted. A maximum of five (5) lots shall be served by a private road including lots having frontage on public roads. A maximum of three (3) lots will be permitted without frontage on a public road. Flag lots will not be permitted. Driveways for each lot served by the private road shall be physically located on the private road and will be constructed prior to Final Plat Approval. Any further subdividing shall require a variance pursuant to Section 23.8 provided that the variance will be submitted to the Twiggs County Board of Commissioners. 22.7.18.2. Cost Responsibility. No private roads that have not been deeded or dedicated to the County shall be maintained or built by the County. Maintenance and construction costs of these roads not deeded or dedicated shall be borne solely by the owners affected wit no liability to the County. This statement shall be placed on each plat of record before recording by the Twiggs County Superior Court Clerk’s Office. Deeds to transfer title of


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property shall expressly state that access to the lot is provided by a road that is not county maintained. A Road Maintenance Agreement shall be required which shall be filed concurrently with the deed. 22.7.18.3. Private Road Construction. The Right-of-Way of all private roads shall not be less than sixty (60) feet. The road does not have to be designed in accordance with the Minimum Design and Construction Standards for Subdivisions. Construction of the private road shall be completed before Final Plat Approval is rendered. 22.7.18.4. Signs. The subdivider shall incur the cost of installing a street name sign and any regulatory signs. A legal Stop sign shall be placed and continually maintained at the intersection of a private road and a public road. The private road shall bear a sign indicating that it is a “private” road which may be incorporated into the street name sign. Costs incurred after the initial installation will be the responsibility of the property owners. 22.7.18.5. Exemptions. Private Roads shall be exempt from Sections 22.2.1 and lots on said road shall be exempt from 22.9.1.

SECTION 22.8. Blocks

22.8.1. The lengths, widths, and shapes of blocks shall be determined with due

regard to: 22.8.1.1. Provisions of adequate building sites suitable to the special needs of the type of use contemplated. 22.8.1.2. Zoning requirements as to lot sizes and dimensions unless a planned unit development is contemplated. 22.8.1.3. Needs for convenient access, circulation, control, and safety of street traffic. 22.8.1.4. Limitations and opportunities of topography.

22.8.2. In general, residential blocks shall not be greater than twelve hundred (1,200)

feet in length, or less than six hundred (600) feet in length. In blocks over one thousand (1,000) feet long, the Zoning Enforcement Officer may, when


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existing or proposed public gathering places so justify, require public crosswalks across the block.

22.8.3. Residential blocks shall be wide enough to provide two tiers of lots, except where fronting on expressways and arterials or prevented by topographical conditions or size of the property, in which case the Zoning Enforcement Officer may require and/or approve a single tier of lots.

SECTION 22.9. Lots.

22.9.1. Insofar as practical, side lot lines shall be perpendicular or radial to street

lines. Each lot shall abut upon a public street, except as herein provided.

22.9.2. The size, shape, and orientation of every lot shall be subject to approval of the Zoning Enforcement Officer for the type of development and use contemplated. No lot shall be more than six (6) times as deep as it is wide at the building setback line, unless excepted by the Board of Commissioners as provided by Section 22.5 herein.

22.9.3. Every residential lot shall conform to the minimum dimension and area

requirements of the District in which the Subdivision is to be located, provided that every lot not served by a public sewer or community sanitary sewage system and/or public water shall meet the dimension and area requirements of the Health Department.

22.9.4. Building setback lines shall conform to front, rear, and side yard and building

setback requirements of the District in which the Subdivision is to be located.

22.9.5. Double frontage, unless required by the Zoning Enforcement Officer, shall be prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography, orientation, and property size. A planting screen reservation of at lest ten (10) feet, and across which there shall be no right of access, may be required along the line of lots abutting such a traffic artery or other disadvantageous use.

22.9.6. Corner lots shall, as required in the Zoning Regulations, have extra width to

permit appropriate building setback from and orientation to both streets.


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22.9.7. Lot remnants (lots below minimum area or width left over after subdividing tracts of land) shall be prohibited. Such remnant areas shall be added to adjacent lots, rather than remain as unusable parcels.

22.9.8. The subdividing of the land shall be such as to provide each lot with direct

abutting access to an existing public street or to a street contained within the proposed subdivision.

SECTION 22.10. Requirements for Flag Lots.

The Zoning Enforcement Officer shall approve, the platting of flag lots for single family residences in Agricultural Residential Districts under the following provisions: 22.10.1. Flag lot development will not have an adverse impact upon neighboring lots. 22.10.2. Flag lots shall be allowed only under circumstances where it would be

impractical or unreasonable for normal platting patterns to be followed, such as where terrain or topography or existing platting patterns preclude conventional subdivision development.

22.10.3. Flag lots shall have access to a public right-of-way by a flag pole with a

minimum 30-foot and maximum 60-foot of equal and uniform width constructed and maintained to allow for sanitation and emergency vehicles.

22.10.4. The flag pole shall be owned in fee simple. 22.10.5. The length of the flag pole shall not exceed two and one-half (2.5) times the

average lot width, excluding the flag pole, or twice the depth of the lot whichever dimension is the lesser of the two (2); however, no flag pole may exceed five hundred (500) feet. The Board of Commissioners may grant a variance to the five hundred (500) maximum length required above provided the width of the flag pole is sixty (60) feet.

22.10.6. The flag pole shall be parallel to the closest existing side lot line, unless

modified by the Zoning Enforcement Officer because of unique topographical or platting conditions.

22.10.7. A flag lot shall not be double-stacked.


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22.10.8. All flag lots shall conform to minimum lot width and lot area requirements of the zoning district in which it is located, excluding the flag pole.

22.10.9. No more than two adjacent flag lots shall be created, and in no instance

shall flag lots constitute more than ten percent (10%) of the total number of lots in a given subdivision.

22.10.10. The flag pole may alter course or direction provided that the change in

direction will not result in confusing the address on the public road with the location of the building site for mail delivery or access by emergency vehicles.

SECTION 22.11. Planned Development Districts.

The general principals of design for a subdivision located in a Planned Development District shall be submitted a long with the application for rezoning. The Board of Commissioners may approve said design or modify said design as a condition of rezoning. SECTION 22.12. Minimum Design and Construction Standards for Subdivisions.

All subdivision improvements shall be constructed in accordance with the Minimum Design and Construction Standards for Subdivisions established by the Twiggs County Board of Commissioners.

SECTION 22.13. Georgia Department of Transportation Approval. All subdivisions, both preliminary and final, shall be approved by the Georgia Department of Transportation if said subdivision is located on a State Road or Highway or on any road under control of the Georgia Department of Transportation. Such approval shall be obtained before completing an application for plat approval.

CHAPTER 23 ADMINISTRATION OF ORDINANCE

SECTION 23.1. Designation of Administrative Official.

The Zoning Enforcement Officer or his/her duly appointed representative is hereby designated by the Board of Commissioners as the administrative official charged with the authority to administer and enforce this Ordinance.


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SECTION 23.2. General Policy Goals.

The general policy goals of the Board of Commissioners, Planning Commission and Zoning Enforcement Officer in administering this Ordinance are as follows: 23.2.1. To keep abreast of the changes in the county and to develop ideas and

principals in order to make decisions based on good and up-to-date planning principals;

23.2.2. To make decisions in accordance with the comprehensive plan or any other

relative plan adopted by any public agency; 23.2.3. To weigh each case on its own merit, and in doing so, attempt to be flexible

rather than rigid in making a decision; 23.2.4. To attempt to centralize commercial development with adequate off-street

parking than to allow congested strip development; 23.2.5. To not spot zone , thereby looking more favorable, on extensions of existing

zoning districts rather than creating isolated zoning districts, unless such isolated areas are large enough to warrant the rezoning, and

23.2.6. To encourage traffic circulation within new subdivisions to be designed to

connect adjoining subdivisions and to promote safety at intersections.

SECTION 23.3. Powers And Duties Of The Board Of Commissioners. The Board of Commissioners shall:

23.3.1. Hear and make determinations of unclassified uses as provide in Chapter 16

of this Ordinance;

23.3.2. Conduct such meetings or hearings as may be required by law or the provisions of this Ordinance in accordance with the procedures set out in this Ordinance; and except as may be provided by the open meetings law or provided herein, all meetings shall be open to the public;

23.3.3. Hear and decide all matters requiring a hearing under law or this Ordinance;


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23.3.4. Uphold, reverse, add to, delete from or modify with conditions any recommendation made by the Planning Commission;

23.3.5. Hear and decide on all matters relating to appeals of administrative decisions

and variances to the provisions of these regulations;

23.3.6. Set all application and permit fees required by this Ordinance;

23.3.7. As needed, request technical advice and assistance, data, or factual evidence from county staff, other governmental bodies or from other sources in reaching decisions on matters requiring action from the Board of Commissioners; and

23.3.8. As may be necessary under the provisions of this Ordinance, enter into

agreements with applicants, owners, or their authorized agents specifying conditions and/or restrictions for the issuance of permits, which agreements may require a financial guarantee as provided in this Ordinance.

SECTION 23.4. Creation of Planning Commission.

There is established a planning commission for Twiggs County that shall be known as the Twiggs County Planning Commission. The Planning Commission shall be created pursuant to this chapter and shall have the powers and duties as set forth herein or as may from time to time be conferred by resolution of the Board of Commission. 23.4.1. Organization of Planning Commission.

23.4.1.1. The Planning Commission shall consist of five (5) members, appointed by the resolution of Board of Commissioners to serve for five (5) year terms. Initial appointments shall be as follows: one appointment for one (1) year, one appointment for two (2) years, one appointment for three (3) years, one appointment for four (4) years, and one appointment for five (5) years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without compensation. 23.4.1.2. The Planning Commission shall elect one of its members as chairperson and vice-chairperson, who shall serve for one year or until the chairperson or vice-chairperson is reelected or a successor is elected. The


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Board of County Commissioners shall appoint a secretary to take minutes of the Planning Commission’s meetings, recording all motions and votes thereon as well as any other business of the Planning Commission conducted in a Public Forum. The Planning Commission shall prepare and adopt rules of procedure, subject to approval by the Board of Commissioners, in accordance with this Ordinance and state law. The Planning Commission’s pprroocceedduurree shall be approved by the Board of Commissioners before becoming effective. 23.4.1.3. Meetings of the Planning Commission shall be held at the call of the chairperson and at such other times as the Planning Commission may determine. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Zoning Enforcement Officer and shall be a public record. All meetings and all records of the Planning Commission shall comply with Chapters 14 and 18 of Title 50 of the Official Code of Georgia Annotated.

23.4.2. Duties and Powers of Planning Commission and Limitations on the Same.

23.4.2.1. It shall be the responsibility of the Planning Commission to review and recommend to the Board of Commissioners, for its approval, disapproval or approval with conditions all requests for map and text amendments in accordance with Section 24.1. of this Ordinance. 23.4.2.2. It shall be the responsibility of the Planning Commission to review and make a recommendation to the Board of Commissioners in regard to all requests for conditional uses in accordance with Section 24.2 of this Ordinance. 23.4.2.3. It shall be the responsibility of the Planning Commission to review and make a recommendation to the Board of Commissioners in regard to all requests for a variance in accordance with Section 23.8 of this Ordinance. 23.4.2.4. The Planning Commission does not have the power to amend any Ordinance, to rezone any land, to declare this zoning Ordinance or any amendment thereto invalid, or to allow any use not permitted by this Ordinance.


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SECTION 23.5. Powers and Duties of the Zoning Enforcement Officer. The Zoning Enforcement Officer shall exercise such powers and duties as conferred by this Ordinance to include specific duties as follows and such other duties as may be from time to time conferred by the Board of Commissioners: 23.5.1. It shall be the duty of the Zoning Enforcement Officer to assist applicants

and to examine all applications for permits and amendments to these regulations, and to determine if the application and plan submitted conform to the requirements of this Ordinance. The Zoning Enforcement Officer may confer with other employees of the county or other governmental departments or agencies. Applications not complying with the requirements of this Ordinance or law shall be rejected by the Zoning Enforcement Officer.

23.5.2. It shall be the responsibility of the Zoning Enforcement Officer to maintain,

revise and update the Official Zoning Map in accordance with the decision of the Board of Commissioners.

23.5.3. It shall be duty of the Zoning Enforcement Officer to approve or disapprove

preliminary or final plats in conformance with the requirements of this Ordinance.

23.5.4. It shall be the responsibility of the Zoning Enforcement Officer to approve

or disapprove applications for permitted uses in conformance with this Ordinance or to issue zoning permits for conditional uses after approval by the Board of Commissioners.

23.5.5. It shall be the duty of the enforcement officer to assist the Twiggs

County Planning Commission in the performance of their duties as established by this Ordinance.

23.5.6. It shall be the duty of the Zoning Enforcement Officer to enforce the

provisions of this Ordinance. 23.5.7. The Zoning Enforcement Officer may impose such reasonable conditions

upon any granting of a zoning permit as he or she may determine to be required to protect adjacent properties or the general neighborhood from the harmful effects of a permitted use. A right of appeal of such administrative decision shall be available to the applicant to the Board of Commissioners, subject to the provisions of Section 23.10.


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SECTION 23.6. Application for Permitted Use. For all land uses designated in this Ordinance, a “permitted use” or additions to an existing “permitted use,” the following procedures shall apply: 23.6.1. An application for a permitted use shall be made to the Zoning Enforcement

Officer. An application shall be made on appropriate forms provided by the Zoning Enforcement Officer together with two (2) copies of a site plan for the proposed use and other information required by this section.

23.6.2. All applications shall be signed by the owner of the property and all site plans

shall be signed by the person responsible for preparing said site plan. 23.6.3. A site plan which does not have to be a to-scale drawing shall contain, at a

minimum, of the following: 23.6.3.1. lot dimensions for all property lines; 23.6.3.2. the location of existing and proposed structures; 23.6.3.3. setback distances for all existing and proposed structures; 23.6.3.4. distances between buildings and structures; 23.6.3.5. fences, street names, and street right-of-way lines;

23.6.3.6. access drives, parking and loading areas, easements, and utilities; 23.6.3.7. swamplands, wetlands, groundwater recharge designations, river corridor protection boundaries, watercourses, floodways, and other bodies of water; and 23.6.3.8. such other information as determined by the Zoning Enforcement Officer regarding the application at hand or adjacent property as directly affects the application under review.

23.6.4. After review of the application and accompanying information, the Zoning

Enforcement Officer shall issue a zoning permit if said application meets the requirements for a permitted use in the district in which it is proposed. A copy of the permit and site plan shall be returned to the applicant and a copy


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of the same shall be retained by the Zoning Enforcement Officer for the county records. If the permit is denied by the Zoning Enforcement Officer, a letter to the applicant shall be sent explaining the reasons for disapproval along with one copy of the site plan and a copy of the same shall be retained by the Zoning Enforcement Officer.

23.6.5. The Zoning Enforcement Officer may impose such reasonable conditions

upon granting of a zoning permit as he or she may determine to be required to protect adjacent properties.

23.6.6. No permit for a permitted use shall be effective until the appeal period for administrative decisions has passed. (Section 23.10.) Said date shall be recorded on the permit.

23.6.7. All zoning permits issued for permitted uses shall be conspicuously posted

and displayed on the premises for which the permit was granted. 23.6.8. All zoning permits issued for permitted uses shall expire within six (6)

months from the date of issue, if construction has not begun.

SECTION 23.7. Application for Conditional Use. For all land uses designated in this Ordinance as a “conditional use,” or additions to an existing “conditional use”, the following procedures shall apply: 23.7.1. An application for a conditional use shall be made to the Zoning

Enforcement Officer twenty-nine (29) days before the Board of Commissioner’s Public Hearing at which it is to be considered. An application shall be made on appropriate forms provided by the Zoning Enforcement Officer together with seven (7) copies of a site plan for the proposed use and other information required by this section.

23.7.2. All applications shall be signed by the owner of the property and all site plans shall be signed by the person responsible for preparing said site plan.

23.7.3. A site plan, conforming to the requirements of Section 23.6.3. shall be

submitted to the Zoning Enforcement Officer. 23.7.4. Additional Site Plan Requirements for Industrial or Commercial Conditional

Uses:


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23.7.4.1. location and dimensions of proposed buffer zones or screens; 23.7.4.2. proposed signage (size and location); and

23.7.4.3. outdoor lighting plan.

23.7.5. Review by Planning Commission. The Planning Commission shall review

and make recommendations on all applications for a conditional use to the Twiggs County Board of Commissioners pursuant to Chapter 24.

23.7.6. Consideration by Twiggs County Board of Commissioners. The Twiggs

County Board of Commissioners shall consider the application for a conditional use in conformance with Chapter 24 and either approve, approve with special conditions, deny, or defer the application.

23.7.7. After Action Taken by Board of County Commissioners. After approval of

the application by the Board of Commissioners, the Zoning Enforcement Officer shall issue a zoning permit for the conditional use. A copy of the permit and site plan shall be returned to the applicant and a copy of the same shall be retained by the Zoning Enforcement Officer for the county records. If the application is denied by the Board of Commissioners, a letter to the applicant shall be sent by the Zoning Enforcement Officer stating that the application was disapproved along with one copy of the site plan and a copy of the same shall be retained for the county records. Deferred applications must be heard and either approved or disapproved within sixty (60) days of the initial deferment.

23.7.8. No permit for a conditional use shall be effective until the appeal period for

decisions made by the Board of Commissioners has passed. Said date shall be recorded on the permit.

23.7.9. All zoning permits issued for conditional uses shall be conspicuously posted

and displayed on the premises for which the permit was granted. 23.7.10. All zoning permits issued for conditional uses shall expire within six (6)

months from the date of issue, if construction has not begun.


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SECTION 23.8. Application for Variance to the Terms of this Ordinance. For all requested variances to the terms of this Ordinance, the succeeding procedures shall be followed: 23.8.1. An application for a variance shall be made to the Zoning Enforcement

Officer twenty-nine (29) days before the Board of Commissioner’s Public Hearing at which it is to be considered. An application shall be made on appropriate forms provided by the Zoning Enforcement Officer, together with seven (7) copies of a site plan for the proposed use and other information required by this section.

23.8.2. All applications shall be signed by the owner of the property and all site plans

shall be signed by the person responsible for preparing said site plan. 23.8.3. A site plan shall be submitted to the Zoning Enforcement Officer

conforming to the requirements of Section 23.6.3. 23.8.4. Additional Site Plan Requirements for Industrial or Commercial Uses shall

be provided in conformance with Section 23.7.4. 23.8.5. Review by Twiggs County Board of Commissioners. The Board of

Commissioners may grant a variance to the application of the provisions of the Land Development Ordinance. The Board may do so only if all of the following findings are made: 23.8.5.1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the particular property.

23.8.5.2. That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provision of this Ordinance, without undue hardship to the owner, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

23.8.5.3. That granting the variance will not result in authorization of a use or structure not otherwise permitted in the district in which the property is located.


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23.8.6. The procedure for hearing variances from the provisions of this Ordinance

shall be the same as set out in Section 24.4. 23.8.7. After Action by Board of County Commissioners. After aapproval of the

application by the Board of Commissioners, the Zoning Enforcement Officer shall issue a zoning permit for the variance. A copy of the permit and site plan shall be returned to the applicant and a copy of the same shall be retained by the Zoning Enforcement Officer for the county records. If the application is denied by the Board of Commissioners, a letter to the applicant shall be sent by the Zoning Enforcement Officer stating that the application was denied. Deferred applications must be heard and either approved or disapproved within sixty (60) days of the initial deferment.

23.8.8. No permit for a variance shall be effective until the appeal period for

decisions made by the Board of Commissioners has passed. Said date shall be recorded on the permit.

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23.8.10. All zoning permits issued for variances shall be conspicuously posted and

displayed on the premises for which the permit was granted. 23.8.11. All zoning permits issued for variances shall expire within six (6) months

from the date of issue, if construction has not begun.

SECTION 23.9. Financial Guarantee. The Board of Commissioners may for any action requiring approval by the Board, as a condition of approval, require the applicant to provide Twiggs County with a financial guarantee in the form of a performance bond, cash escrow deposit or letter of credit in a type acceptable to the Board of Commissioners. The financial guarantee shall be payable to Twiggs County and shall be in an amount sufficient to cover the entire cost of performing the conditions and/or restrictions specified.

SECTION 23.10. Appeals of Administrative Decisions or Acts. 23.10.1. Appeals of decisions or acts of the Zoning Enforcement Officer in the

administration of this Ordinance shall be taken within seven (7) days after said


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decision or act. Any person, firm, or corporation aggrieved by any decision or act of the Zoning Enforcement Officer in the administration of this Ordinance may file an appeal in writing with the Board of Commissioners within seven (7) days of the act or decision being appealed. The Board may, after a hearing, affirm or reverse, wholly or in part, or may modify the order, requirements, decisions or determination of the Zoning Enforcement Officer.

23.10.2. The Zoning Enforcement Officer shall request that the Board of

Commissioners put the appeal on the agenda of a Board of Commissioners’ meeting.

23.10.3. The procedure for hearing appeals from the decisions or acts of the Zoning

Enforcement Officer shall be the same as set out in Section 24.4.4.

SECTION 23.11. Appeals from Decisions by Board of County Commissioners. Any applicant aggrieved by any decision of the Twiggs County Board of Commissioners made under the provisions of this Ordinance shall have right of appeal by Mandamus.

SECTION 23.12. Suspension or Revocation of a Zoning Permit. A zoning permit may be suspended or revoked by the Board of Commissioners when any conditions or restrictions imposed on the permit are not satisfied.

23.12.1. A zoning permit shall be suspended or revoked only after a hearing in accordance to the provisions of Section 24.4. Written notice of the hearing shall be given to the property owner at least ten (10) days prior to the hearing. 23.12.2. A suspended permit may be reinstated, if in the judgment of the Board of Commissioners, the condition or restrictions imposed in the approval of the permit have been satisfied. 23.12.3. A revoked permit may not be reinstated. A new application must be made in accordance with the provisions of this Ordinance.

Section 23.13. Fees

Applicants submitting an application for a permit, plat approval or other action requiring payment of a fee shall submit such payment with the application.


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CHAPTER 24 PROCEDURES FOR AMENDMENTS AND CONDITIONAL USES

SECTION 24.1. Procedures for Map and Text Amendments.

24.1.1. Definitions of Amendments; Who May Request an Amendment; and

Frequency of Amendments: Amendment, as used in this Section, means a zoning decision resulting in a change in the text of the Zoning Ordinance or a change in the Official Zoning Map of Twiggs County authorized by a zoning decision made only after compliance with the procedures set forth in this section. A proposed amendment to the text may be initiated by the Planning Commission, the Board of Commissioners or by any person who owns property within the zoning jurisdiction of the county. Unless initiated by the Board of Commissioners or by the Planning Commission, all proposed map amendments must be submitted by the owner of such property or the authorized agent of the owner. An authorized agent must have written authorization from the property owner, and such authorization shall be notarized and attached to the application.

A proposed map amendment affecting the same property shall not be submitted more than once every six (6) months, said interval to begin with the date of final decision by the Board of Commissioners.

The six (6) month interval shall not apply to applications initiated by the Board of Commissioners.

24.1.2. Initiation of Amendments: Each proposed amendment to the text or to the

Official Zoning Map shall be initiated by filing an application with the Zoning Enforcement Officer twenty-nine (29) days before the Board of Commissioner’s Public Hearing at which it is to be considered. Applications for proposed amendments shall comply with the following requirements:

24.1.2.1. Text amendments shall include the following:

24.1.2.1.1. name and address of applicant;

24.1.2.1.2. current provisions of the text to be affected by the amendment;


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24.1.2.1.3. proposed wording of the text change; and

24.1.2.1.4. reason for proposed amendment.

24.1.2.2. Map amendments shall include the following:

24.1.2.2.1. a legal description of the tract(s) proposed to be rezoned; 24.1.2.2.2. seven (7) copies of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract(s) prepared by an architect, engineer, landscape architect or land surveyor, whose state registration is current and valid. The architect’s or land surveyor’s seal shall be affixed to the plat; 24.1.2.2.3. the present and proposed zoning district for the tracts; 24.1.2.2.4. existing flood way and structures; and 24.1.2.2.5. the names and addresses of the owner(s) of the land and of the agent(s) for the owner(s), if any.

24.1.2.3. If an application is withdrawn by the applicant after it has been legally advertised, any additional applications for the same purpose shall be considered as a “new application.”

24.1.3.4. An applicant may file site plans, renderings, construction specifications, written development restrictions, and other zoning conditions which the applicant proposes as binding restrictions upon the development and use of the property that is the subject of the proposed amendment. Any verbal representation made before the Planning Commission and/or the Board of Commissioners shall become a part of the application as if it was submitted in writing.

24.1.3. Amendments - Planning Commission Public Hearing and Action:

24.1.3.1. All proposed amendments shall be reviewed by the Planning Commission in a public hearing in accordance with the hearing procedures set forth in Section 24.4 of this Ordinance.


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24.1.3.2. The Planning Commission shall review and consider a recommendation to the Board of Commissioners with respect to the application for an amendment. The Planning Commission may decide to make no recommendation or it may make any of the following recommendations with respect to an application for an amendment: approval, denial, deferral, withdrawal without prejudice, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of zoning conditions. 24.1.3.3. The Planning Commission shall submit its recommendation on the application to the Board of Commissioners prior to the scheduled public hearing in which the Board of Commissioners will consider the application for an amendment. If the Planning Commission fails to submit a recommendation prior to the Public Hearing of the Board of Commissioners, the Planning Commission’s recommendation shall be deemed one of approval. 24.1.3.4. The Planning Commission’s recommendation shall be based on Section 24.3.

24.1.4. Amendments - Board of Commissioners Public Hearing and Action:

24.1.4.1. Before taking action on a proposed amendment and after receipt of the Planning Commission recommendations and reports thereon, the Board of Commissioners shall hold a public hearing in conformance with Section 24.4 on the proposed amendment after notice was given pursuant to Section 24.5.

24.1.4.2. So that the purpose of this Ordinance will be served and so that health, public safety, and general welfare will be secured, the Board of Commissioners may in its legislative discretion approve or deny the proposed amendment as submitted, reduce the land area for which the application is made, change the zoning district to one other than that requested, or add or delete zoning conditions as the Board deems appropriate. The Board of Commissioners shall also have the legislative discretion to grant a conditional use in its decision to rezone property. An action to defer a decision on the proposed amendment shall include a specific meeting date to which the proposed amendment is deferred. The Board of Commissioners may also approve a withdrawal of an application and if so stipulated by the Board of


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Commissioners in its decision to approve withdrawal, the six (6) month limitation on re-filing of the application for the same property shall not apply. 24.1.4.3. The Board of Commissioners may, as a condition of approval, require the applicant to provide Twiggs County with a financial guarantee in the form of a performance bond, cash escrow deposit or letter of credit in a form acceptable to the Board of Commissioners. The financial guarantee shall be payable to Twiggs County and shall be in an amount sufficient to cover the entire cost of performing the conditions and/or restrictions specified. 24.1.4.4. The Board of Commissioner’s decision shall be based on Section 24.3.

24.1.5. Amendments - Minor Alteration of Zoning Condition. The Zoning

Enforcement Officer shall have the authority to approve the following minor alterations of zoning conditions provided such alteration would not change the purpose intended for such zoning condition and would not adversely affect county services or other property:

24.1.5.1. building relocation, curb cut relocation, and traffic circulation changes due to topographic, environmental, or other design factors;

24.1.5.2. parking design; and

24.1.5.3. utility relocation.

SECTION 24.2. Procedures for Conditional Uses.

24.2.1. Conditional Use Subject to the Approval of the Board of Commissioners.

Conditional use as used in this section means a zoning decision resulting in the approval of a use of land and/or structure. A conditional use is a use which the Board of Commissioners, after review of the application and hearing thereon, determines to be consistent with the Comprehensive Plan and in the public interest.

24.2.2. Initiation of Conditional Uses: A conditional use subject to approval of the

Board of Commissioners may be initiated by the owner of the property proposed for the conditional use by filing an application with the Zoning Enforcement Officer twenty-nine (29) days before the Board of


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Commissioner’s Public Hearing that the item is to be considered. Reapplication for a conditional use may not be heard for six (6) months from the date of a prior decision of the Board of Commissioners.

24.2.3. Application for a Conditional Use: An application for a conditional use shall

be made in conformance with Section 23.7. 24.2.4. Conditional Use - Review by the Planning Commission:

24.2.4.1. The Planning Commission shall review and consider a recommendation to the Board of Commissioners with respect to the application for a conditional use in accordance with the procedures contained in Section 24.4 after Notice pursuant to Section 24.5 is given. The Planning Commission may decide to make no recommendation or it may make any of the following recommendations with respect to an application for a conditional use: approval, denial, deferral, reduction of the land area for which the application is made, or imposition of conditions. 24.2.4.2. The Planning Commission shall submit its recommendation on an application to the Board of Commissioners prior to the scheduled public hearing in which the Board of Commissioners will consider the application for a conditional use. If the Planning Commission fails to submit a recommendation prior to the public hearing of the Board of Commissioners, the Planning Commission’s recommendation shall be deemed one of approval. 24.2.4.3. The Planning Commission’s recommendation shall be based on Section 24.3.

24.2.5. Conditional Use - Decision by the Board of Commissioners:

24.2.5.1. The Board of Commissioners shall consider the application at a public hearing which shall follow the procedures prescribed in Section 24.4 and after which notice was given pursuant to Section 24.5. Upon completion of the public hearing, the Board of Commissioners may approve or deny the proposed conditional use as submitted, reduce the land area for which the application is made, or impose conditions as the Board of Commissioners deems appropriate. An action to defer a decision on the proposed conditional use shall include a specific meeting date to which consideration of the conditional use is deferred.


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24.2.5.2. The Board of Commissioners may, as a condition of approval, may7 require the applicant to provide Twiggs County with a financial guarantee in the form of a performance bond, cash escrow deposit, or letter of credit in a form acceptable to the Board of Commissioners. The financial guarantee shall be payable to Twiggs County and shall be in an amount sufficient to cover the entire cost of performing the conditions and/or restrictions specified. 24.2.5.3. The Board of Commissioner’s decision shall be based on Section 24.3.

SECTION 24.3. Zoning Standards for Text and Map Amendments and

Conditional Uses: For zoning decisions involving amendments to the Official Zoning Maps, Conditional Uses or amendments to the text of the Land Development Ordinance, following standards are considered relevant in balancing the county’s interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property:

24.3.1. Map Amendments and Conditional Uses:

24.3.1.1. whether the zoning decision will permit a use that is suitable in view of the use and development of adjacent or nearby property; 24.3.1.2. whether the zoning decision will adversely affect the existing use of adjacent or nearby property; 24.3.1.3. whether the property affected by the zoning decision has a reasonable economic use as currently zoned if the action involves a Map Amendment; 24.3.1.4. whether the property affected by the zoning decision has a reasonable economic use as a permitted use or other conditional use within subject district if the action involves a conditional use; 24.3.1.5. whether the zoning decision will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools;


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24.3.1.6. whether the zoning decision conforms with the policy and intent of an adopted Comprehensive Plan; and 24.3.1.7. whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning decision.

24.3.2. Text Amendments:

24.3.2.1. Will the text amendment conform to the policy and intent of the adopted Comprehensive Plan? 24.3.2.2. Is the text amendment necessary to further the objective of the Land Development Ordinance? 24.3.2.3. Is the text amendment necessary because of changes in the law or experience gained in the implementation of the Land Development Ordinance?

SECTION 24.4. Procedures for Public Hearing:

Whenever a public hearing is required by this Ordinance or by state law prior to a zoning decision, such public hearing shall have notice as provided in Section 24.5 and shall be conducted in accordance with the following procedures: 24.4.1. The public hearing shall be called to order by the presiding officer of Twiggs

County Board of Commissioners or the Planning Commission, depending on which body is conducting the hearing. The presiding officer shall explain the procedure to be followed in the public hearing.

24.4.2. If the subject of the hearing is a zoning decision initiated by a petitioner other

than the Twiggs County Board of Commissioners, the petitioner requesting such zoning decision, or the petitioner’s agent, shall be recognized by the presiding officer first and shall be permitted to present and explain the request of the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision. If the request for a zoning decision is initiated by the Twiggs County Board of Commissioners, the Board of Commissioners shall be allowed to speak. Thereafter, all


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individuals who so desire shall be permitted to speak in favor of the zoning decision.

24.4.3. After all individuals have had an opportunity to speak in accordance with

Section 24.4.2. above, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak.

24.4.4. When any person wishes to speak at a public hearing, that person shall raise

his or her hand and, after being recognized by the presiding officer, shall stand and state his or her name and address, and make any comment appropriate to the proposed zoning decision.

24.4.5. The petitioner shall have an opportunity, after all comments in opposition

have been made, to make summary remarks concerning the proposed zoning decision.

24.4.6. A time limit of fifteen (15) minutes shall be imposed upon the total number

of persons who wish to speak in favor of the zoning decision, including the initial presentation of petitioner. Thereafter, a time limit of fifteen (15) minutes shall be imposed on the total number of persons who wish to speak in opposition to the zoning decision. Summary remarks by the petitioner shall be limited to five (5) minutes. These time limits may only be extended by the Twiggs County Board of Commissioners or Planning Commission, depending on which body is conducting the hearing, upon a showing of “good cause” by the person so requesting.

24.4.7. Each speaker shall speak only to the merits of the proposed zoning decision

under consideration and shall address his or her remarks only to the Twiggs County Board of Commissioners or Planning Commission, depending on which body is conducting the hearing. Each speaker shall refrain from personal attacks on other speakers or from discussing facts or opinions irrelevant to the proposed zoning decision under consideration. The presiding officer may limit or refuse a speaker the right to continue if the speaker, after being first cautioned, continues to violate this subsection.

24.4.8. Thereafter, the presiding officer of Twiggs County Board of Commissioners

or Planning Commission, depending on which body is conducting the hearing, shall announce that no further comments from the public or petitioner concerning the requested zoning decision shall be received and that


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immediately, there shall be a deliberation on the proposed zoning decision and vote on action which the Board of Commissioners or Planning Commission is authorized to take.

24.4.9. An affirmative vote of three (3) members voting on a matter is required.

SECTION 24.5. Public Notification for Amendments and Conditional Uses.

24.5.1. Legal Notice. Notice of public hearings before the Planning Commission

and the Board of Commissioners as required by this section shall be published within a newspaper of general circulation within the county in which are carried the legal advertisements of the county and shall state the time, place, and purpose of hearing. If the hearing involves a map amendment, then the notice shall also include the location of the property that is subject of the zoning action, the present zoning district of said property and the proposed zoning district of said property. Such notice shall be published at least fifteen (15), but no more than forty-five (45) days prior to the date of the hearing by the Board of Commissioners (no legal notice shall be required for a variance or appeal of an administrative decision). The notice shall state the date and time for the initial hearing before the Planning Commission and the date and time for the hearing before the Board of Commissioners.

24.5.2. Signs Posted. Where an amendment for the rezoning of property is initiated

by a party other than the Board of Commissioners, the Zoning Enforcement Officer of the county shall post at least fifteen (15) days prior to the public hearing by the Board of Commissioners, in a conspicuous place on the property for which an application for a proposed amendment has been submitted, a sign or signs containing information as to the current zoning district and the proposed zoning district, and the date, time, and location of the public hearings before the Planning Commission and the Board of Commissioners.

No sign shall be required for a conditional use, variance or appeal of an administrative decision.


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CHAPTER 25 ENFORCEMENT, VIOLATIONS AND PENALTIES

SECTION 25.1. Enforcement.

It shall be the duty of the Zoning Enforcement Officer to enforce this land

development Ordinance and to bring to the attention of the County Attorney any violations or lack of compliance therewith. The County Attorney shall initiate appropriate actions to remedy violations of this Ordinance.

SECTION 25.2. Penalties. 25.2.1. Upon conviction of a violation of any provision of this land development

Ordinance, the violating party or parties shall be deemed guilty of a misdemeanor.

25.2.2. Any person or entity violating any provisions of this land development

Ordinance shall be subject to a fine of up to $500.00 for each violation and it shall be considered a separate violation for each day that the violation continues.

25.2.3. In case any building, structure or land is used, erected, repaired, converted

or maintained in violation of this Ordinance, the county is authorized to petition for an injunction or other appropriate legal action to prevent the use of the building, structure or land.

CHAPTER 26

LEGAL STATUS PROVISIONS

SECTION 26.1. Validity. Should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of this Ordinance as a whole or any part hereof other than the part so declared to be invalid, each Section, clause and provision hereof being declared severable.

26.2. Effective Date.

This Ordinance shall be effective immediately upon its adoption by the Twiggs County Board of Commissioners.


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26.3. Repeal of Conflicting Ordinances, Approvals and Actions.

This is the Land Development Ordinance of Twiggs County, Georgia, and all other conflicting Ordinances are hereby repealed, including ordinances that may have created Planning and Commission or Board of Zoing Appeals.

26.4. Conflict with Others Laws. Whenever the requirements of this Ordinance are at variance with the requirements of anyother lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing higher standards, shall govern. No zoning approval or permit shall be issued or considered valid for any use or activity which is otherwise illegal under the terms of any local, state, or federal law. Adopted November 15, 2001; amended (by additional of subsection 18.7.6) July 20, 2004.; amended (by revision of subsection 18.10, relating to cemeteries) November 11, 2009. Statutory & Other References: Georgia Constitution, Article IX § 2, ¶ 4; 8-2-100; 8-2-131; 10-14-10; 12-2-8; 12-4-70 et seq.; 12-5-20 et seq.; 12-5-280 et seq.; 12-5-440 et seq.; 12-6-22; 12-7-1 et seq.; 12-8-22; 12-8-62; 31-7-12; 36-66-1 et seq.; 36-70-5; 36-72-1 et seq.; 44-3-70 et seq.; Ga. Comp. R. & Regs. 391-3-16; 33 U.S.C. 1342 et seq. (Public Law 94-580); 68 Stat. 923; 14 CFR 77; 40 CFR 261.3. Other, non-statutory documents incorporated herein by reference: U.S. Fish and Wildlife Service National Wetlands Inventory Maps; Hydrologic Atlas 18 (1989 edition) prepared by the Georgia Department of Natural Resources; Hydrologic Atlas 20 (1992 edition), Groundwater Pollution Susceptibility Map of Georgia, prepared by the Georgia Department of Natural Resources. Editor’s Notes: 1. Public Law 94-580, codified as 42 U.S.C. 6901 et seq. 2. The intended citation is probably 14 CFR 77, concerning federal aviation requirements. 3. Codified at 12-7-1 et seq. 4. Codified as 33 U.S.C. 1344 et seq. 5. Codified at 12-4-70 et seq. 6. Codified at 12-5-20 et seq. 7. Thus in the original. 8. There is no section 23.8.9. Cross References: § 205.099; § 205.100; § 205.101; § 205.102; § 205.200; § 253.100; § 253.200; Title III; Title IV; § 425.101; Title V; § 610.010; § 650.050; § 650.055; § 650.075; § 650.330; § 650.410; § 650.415; § 660.310; § 660.311; § 660.315; § 690.510; § 690.515; § 690.520; § 830.100; § 830.210.


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Index Headings: Boards & Commissions; Board of Commissioners; Business Regulation; Conservation & Environmental Protection; Meetings, Public; Offenses & Penalties; Officers, County; Personnel, County; Planning & Zoning; Public Health & Welfare; Roads & Bridges; Sanitation & Waste Management; Statutes, State; Taxation, Revenue & Finance.


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Section 650.410: A resolution regulating location and relocation of mobile homes. WHEREAS, the General Assembly of the State of Georgia in House Bill No. 217 (Act No. 556) during its 1971 Session1 required each county of this State to pass a resolution providing listed requirements whereby the counties of Georgia are to accurately prepare and check tax returns on mobile homes and to collect all applicable taxes due on mobile homes; and WHEREAS, the Board of Commissioners of Roads and Revenues of Twiggs County, Georgia, being the governing authority of said County, is desirous of obeying the requires of the said Act and must, be law, implement said Act. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Roads and Revenues in and for the County of Twiggs, and it is hereby resolved by authority of same: That the term “mobile home”, as used in this Resolution, means a “mobile home” or a “relocatable home” as such terms are defined in subsections (a) and (b) of Section 2 of the Act known as “The Uniform Standard Code for Factory Manufactured Movable Homes Act”, approved March 26, 1968 (Georgia Laws 1968, Page 415);2

That the owner of a mobile home shall obtain from the tax assessors of Twiggs County a permit authorizing the location of such mobile home within the respective confines of Twiggs County when the owner thereof is using or intends to use such mobile home as a residence for himself or others or for any other purpose; That the owner of a mobile home used as a residence and located in Twiggs County may not be relocated within the confines of Twiggs County or beyond such confines without first obtaining a permit from the tax assessors of Twiggs County authorizing such relocation; That all applicable taxes must have been paid before any permit provided for herein shall be issued, and, in connection therewith, proof must be furnished to the assessors from the owner of a mobile home which is located within any portion of Twiggs County that lies within a municipality that all applicable municipal taxes have been paid before a permit may be issued;


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That decals be issued at the time the abovestated permits are issued; said decals and their use to be as follows for each type of permit: 1. The decal issued with the permit authorizing location of a mobile home within a county shall be green in color and shall be affixed to the mobile home at all times it is being used as a residence within the confines of such county; 2.3 The decal issued with the permit authorizing relocation or4 a mobile home shall be red in color and shall be affixed to the mobile home at all times such mobile home is being transported within the confines of the state of Georgia; That the said decals be designed in such manner by the assessors and affixed in such manner to the mobile home by the owner of the mobile home (or his representative) so as to cause them to be easily visible for inspection; That, whenever a permit authorizing relocation of a mobile home is issued and such mobile home is to be relocated within the confines of another county of Georgia, the Tax Assessors of Twiggs County shall notify the Tax Assessors of said other county of the date of the issuance of such permit; That a minimum fee of $3.00 be charged by the tax assessors for the issuance of each permit required herein; said permit authorizing the location of a mobile home within the confines of Twiggs County is to expire at the expiration of one year from its date and must be renewed by the owner annually, accompanied by the said $3.00 fee for each annual renewal; That any person or persons failing to comply with or violating the provisions of any part or parts of this resolution shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Be it further resolved that notice of the adoption of this resolution is to be given by the Clerk of the Board of Commissioners of Roads and Revenue of Twiggs County by publication and posting of notice thereof as required by law. Adopted as Resolution #55, November 2, 1971. Statutory References: See editor’s notes. Editor’s Notes: This section was probably superceded by § 650.415.


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1. Act No. 556 (1971) was repealed and superceded; see 48-5-490 et seq. 2. This provision has been superceded by 8-2-130. 3. In the original, this item was enumerated “b.” For the sake of internal consistency, It has been changed here to “2.” 4. Thus in the original. Probably should read “…relocation of a mobile home…” Cross References: § 205.200; Title III; Title V; § 650.050; § 650.055; § 650.075; § 650.100; § 660.310; § 660.311; § 660.315; § 650.330; § 650.415. Index Headings: Planning & Zoning; Statutes, State; Taxation, Revenue & Finance.


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Section 650.415: An ordinance relating to the location or relocation of mobile homes.

Whereas, a large number of residences within Twiggs County are mobile homes; and

Whereas, it is important for purposes of taxation to be aware of all mobile homes within Twiggs County;

Therefore, the following ordinance is adopted:

1. As used in this ordinance, the term “mobile home” means a “mobile home” or a “relocatable home” as such terms are defined in Subsections (a) and (b) of Section 2 of the Act known as the “The Uniform Standards Code for Factory Manufactured Movable Homes Act”, approved March 26, 1968 (Georgia Laws 1968, page 415).1

2. (a) Before any person shall locate or relocate a mobile home within the

limits of Twiggs County, Georgia, he/she shall apply for and obtain from the Twiggs County Tax Assessors a permit authorizing such location or relocation if such mobile home is to be used as a residence by the owner thereof, as a residence for others, or for any other purpose.

(b) Before applying for a permit the person shall, in conformity with O.C.G.A. § 31-3-5.1, receive an approval for septic tank installation or a waiver of need from the Twiggs County Board of Health and shall present the same to the Tax Assessors before applying for a permit.

3. It shall be a condition precedent to issuance of any permit required by this Ordinance that the owner of said mobile home shall submit to the aforesaid Tax Assessors proof that all State and County taxes theretofore accruing and payable with respect to such mobile home have in fact been paid.

4. The Board of Tax Assessors is hereby authorized and empowered to prescribe application and permit forms and thereafter to alter and change the same and said Board is empowered to require that applicants furnish such information in writing as may be reasonably required to effectuate the purposes hereof.


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5. No person shall own or have located within the limits of Twiggs County any mobile home unless application for a permit shall have been made and a permit received as provided by this Ordinance. 6. No person shall hereafter initially locate any mobile home or relocate any mobile home within the limits of Twiggs County without having made such application and having obtained such permit.

7. No person shall occupy any mobile home as a residence nor permit any other person to occupy the same as a residence unless a permit shall have been obtained as provided by this Ordinance. 8. Penalty. Any person, firm or corporation that shall do any act prohibited hereby or shall fail to do any act required hereby shall be deemed to be guilty of a misdemeanor as provided by O.C.G.A. § 36-13-11 and 36-13-12. Each and every day such violation continues shall be deemed a separate offense.

9. There shall be charged a fee in the amount of Ten Dollars ($10.00) payable at time of application to defray the cost of administrative services associated with issuance of the permit. Adopted April 21, 1987. Statutory References: 31-3-5.1; 36-13-11 and 36-13-12. See also editor’s notes. Editor’s Notes: 1. Thus section has been superceded by 8-2-130 et seq. Cross References: Title III; Title V; § 650.050; § 650.055; § 650.075; § 650.100; § 650.101; § 650.102; § 650.330; § 650.410; § 660.310; § 660.311; § 660.315. Index Headings: Offenses & Penalties; Planning & Zoning; Taxation, Revenue & Finance; Taxation, Revenue & Finance.


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Section 650.420: An ordinance to regulate the installation of manufactured homes and/or buildings and to require performance bond limits for installation thereof. WHEREAS, the Board of Commissioners of Twiggs County have1 determined that it is in the public interest to require a performance bond for any business enterprise or commercial entity that sells or installs manufactured homes and/or buildings, NOW IT IS HEREBY ORDAINED that the following standards are applicable: 1. Performance Bond: A. All applicants for permits hereunder are required to post a performance bond in the amount of $5,000.00 naming Twiggs County as the beneficiary of the bond. The surety on any bond furnished to Twiggs County shall be a corporate surety authorized to do business in the State of Georgia and, where possible, shall have an agency in Twiggs County. The bond shall remain in force until the conclusion of the installation process and the approval of the Zoning Enforcement Officer. B. A company, partnership, corporation, or individual operating as a business enterprise or a commercial entity for the sale or installation of manufactured homes and/or buildings may provide a single bond to cover all activity involving installation procedures during the calendar year or may wish to provide the bond on an “as needed” basis for each such installation activity. However, upon the forfeiture of a bond, the company, partnership, corporation, or individual shall be required to purchase a new bond for each such installation activity involving a different installation. C. The performance bond shall be conditioned upon the faithful performance of all requirements of the Land Use Ordinance.2 Any violation of the Land Use Ordinance shall authorize the forfeiture of such amount of the bond as may be required to repair any damage caused to the property and/or for any damages brought about as a result of noncompliance with the Land Use Ordinance or any other county ordinance. However, the posting of a bond, as set out above, shall not relieve the principle3 for any liability for damages or for noncompliance over and above the actual amount of such bond.


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2. Scope of Ordinance. This ordinance shall apply to all business enterprises, or commercial enterprises (including but not limited to companies, partnerships, corporations, or individuals) that sell or install manufactured homes and/or buildings. The remedies provided herein to the Board of Commissioners of Twiggs County shall not limit or restrict the county and its governing authority from the use of all other remedies, legal and equitable, that may be available to the county to enforce compliance with this ordinance, and to protect and maintain the health, welfare and safety of the citizens. Adopted May 21, 2002. Editor’s Notes: 1. Thus in the original. 2. Codified herein as § 650.100. 3. Thus in the original. “Principal” was probably intended. Cross References: § 425.101; § 650.050, § 650.055, § 650.07, § 650.100, § 650.410, § 650.415, § 660.100, § 660.310, § 660.311, § 660.315, § 660. 320, § 660.330. Index Headings: Business Regulation; Offenses & Penalties; Planning & Zoning; Public Health & Welfare.


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Section 660.100: An ordinance providing minimum design and construction standards for subdivisions in the unincorporated areas of the county. TABLE OF CONTENTS Article I - General 546 Section 1.1 - Purpose 546 Section 1.2 - Applicability 546 Section 1.3 - Short Title 546 Section 1.4 - Definitions 546 Article II - Submission of Plats for Approval 549 Section 2.1 - Submission of Preliminary Plat for Approval 549 Section 2.2 - Submission of Final Plat for Approval 549 Article III – Construction Plans 549 Section 3.1 - General 549 Section 3.2 - Construction Plans 549 Section 3.3 - Required Certification 554 Article IV – Inspection, Approval and Authority of Zoning Enforcement Officer

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Section 4.1 - Appointment of Inspectors 555 Section 4.2 - Inspections 555 Article V – Required Subdivision Improvements 556 Section 5.1 - Monuments 556 Section 5.2 - Streets 556 Section 5.3 – Water System 562 Article VI – Administrative Procedures 584 Section 6.1 - When Construction May Begin 584 Section 6.2 - Inspections and Approval 584 Section 6.3 - Official Acceptance by Board of County Commissioners

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Section 6.4 - Performance Bond 585 Section 6.5 - Maintenance of Completed Work 585 Section 6.6 - Subdivider’s Responsibility 585 Section 6.7 - Board of Commissioner’s Responsibility 586 Section 6.8 - Property Owner’s Responsibility 586 Section 6.9 - Estimated Costs for Construction and Installation 587


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Article VI – Enforcement and Penalties 587 Section 7.1 - Enforcement 587 Section 7.2 - Penalties 587 Appendix A – Detailed Water System Construction Drawings 591

I. General. 1.1. Purpose.

The Board of Commissioners of Twiggs County finds and declares that the public health, safety, morality, and general welfare require harmonious, orderly and progressive development of land. The purpose of these standards for the design and construction of land subdivisions are:

1.1.1. To encourage design and construction of economically sound subdivisions

and other related structures; 1.1.2. To assure proper legal description, identification, monumentation and

recordation of real estate boundaries; and 1.1.3. To secure equitable handling of all subdivision plans, specifications and plats

by providing uniform standards and procedures.

1.2. Applicability. These standards shall apply to land subdivisions located in the unincorporated area of Twiggs County, Georgia.

1.3. Short Title. This Ordinance shall be known and may be cited as “Minimum Design and Construction Standards for Land Subdivisions.”

1.4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:


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1.4.1. “Board of Commissioners” means the Board of Commissioners of Twiggs

County. 1.4.2. “Building” shall be construed as if followed by the words “or parts thereof.” 1.4.3. “Contractor” means the developer or subdivider or his authorized

representative, whether doing work on a contract basis or working directly for the developer or subdivider.

1.4.4. “Developer” means any person who undertakes the subdivision of land as

defined by land development ordinance. 1.4.5. “D.O.T.” means the Georgia Department of Transportation. 1.4.6. “Easement” means a grant by a property owner of the use of land for a specific

purpose or purposes by the general public, a corporation or a certain person or persons.

1.4.7. “Final Plat” means a complete and exact subdivision plat prepared for official

recording as required by the Land Development Ordinance. 1.4.8. “Health Department” means the Twiggs County Health Department. 1.4.9. “Improvements” mean those physical additions and changes to the land that

may be necessary to produce usable and desirable lots. 1.4.10. “Land Development Ordinance” means any legally adopted part or element

of the Comprehensive Land Development Ordinance for the unincorporated area of Twiggs County.

1.4.11. “Lot” means a parcel occupied or to be occupied by one or more main

buildings and its accessory buildings with such open and parking spaces as are required by the provisions of the Land Development Ordinance and having its frontage upon a public street or streets.

1.4.12. “Official Map” means an official map of the county showing the location of

streets, public building sites and public open spaces therefore existing and established by law as public streets, public building sites or public open spaces. This may include mapped boundary lines of future streets, public


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building sites, public park playgrounds or other public open space areas or of existing sits or areas that are to be expanded.

1.4.13. “Preliminary Plat” means a tentative subdivision plat, indicating the

approximate proposed layout of subdivision as a basis for consideration by the Zoning Enforcement Officer before preparation of the final plat and construction drawings and specifications.

1.4.14. “Right-of-Way” means access over or across particularly described property

for a specific purpose or purposes. 1.4.15. “Street” means a public or private thoroughfare, which affords the principal

means of access to abutting property; roadway; highway; and land. 1.4.15.1. “Alley” means those, which are used primarily for vehicular service, access to the rear or side of properties otherwise abutting on a street. 1.4.15.2. “Arterial Streets and Highways” means those which are used primarily for fast or heavy through traffic. 1.4.15.3. “Collector” streets mean those which carry traffic from minor streets to the major system of freeways, expressways and arterial streets and highways. 1.4.15.4. “Expressways and Freeways” mean those highways or streets, which are used,1 primarily for fast or heavy through traffic; and which are divided with full or partial control of access and generally with grade separations at intersections. 1.4.15.5. “Marginal Access Streets or Frontage Roads” mean those minor streets, which are parallel and adjacent to freeways, expressways or arterial streets and highways; and which provide access to abutting properties and protection from through traffic. 1.4.15.6. “Minor or Local Commercial and Industrial Streets” mean those which are primarily for access to the abutting properties. 1.4.15.7. “Minor or Local Residential Streets, Including Cul-de-Sac,” mean those which are used primarily for access to the abutting properties.


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1.4.16. “Subdivision” means the same as defined in the Land Development Ordinance for the Unincorporated Area of Twiggs County.

1.4.17. “Utility or Utility System” means any person engaged in the transmission of

energy, including electricity, gas gasoline1 and water. 1.4.18. “Watercourse” includes drain, ditch and stream.

II. Submission of Plats for Approval.

2.1. Submission of Preliminary Plat for Approval. The subdivider shall submit a plat in accordance with Chapter 21 of the Land Development Ordinance.

2.2. Submission of the Final Plat for Approval. The subdivider shall submit a final plat in accordance with Chapter 21 of the Land Development Ordinance.

III. Construction Plans.

3.1. General. Three copies (two to be kept by the Zoning Enforcement Officer and one to be returned to the subdivider) of all plans for streets, sanitary sewers, storm sewers, sidewalks, water systems, etc. and other required improvements showing the proposed plans, profiles and applicable cross sections of each shall be submitted to and approved by the Zoning Enforcement Officer’s office as being in conformity with these regulations prior to commencing construction of any new improvement. The plans shall be prepared from an actual engineering field or photogrammetric survey, and show along with all proposed new improvements all existing applicable improvements.

3.2. Construction Plans. The construction plans shall be prepared on a standard plan and profile sheet and shall show the following: 3.2.1. Plans:


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3.2.1.1. Indicate direction of north. 3.2.1.2. Indicate right-of-way line, centerline, departing lot lines, lot numbers, subdivision limits and limits of construction. 3.2.1.3. Indicate approved street name. 3.2.1.4. Indicate stations are every 100 feet at even stations on centerline. Indicate stations at point of curve and tangent at the beginning and end of all returns, at centerline intersection and at subdivision or section limits. 3.2.1.5. Indicate the width of right-of-way and relation to centerline. 3.2.1.6. Indicate state route number on all existing streets to which connection is to be made when applicable. 3.2.1.7. Indicate all existing or proposed drainage easements. 3.2.1.8. Indicate direction of drainage flow in streets, storm sewer, valley streets, streams, subdrains and the like. 3.2.1.9. Indicate all storm sewers and appurtenances. Identify storm sewer appurtenances by type and number. Each station on the plan must conform to stations shown on profile. Headwalls must be provided and shown. 3.2.1.10. Indicate the contributing areas in acres at all culvert pipe; curb inlets and other entrances. 3.2.1.11. Indicate the location of all or any springs either within or draining to street right-of-way and indicate proposed treatment of same. All springs will be capped and piped as required by the Zoning Enforcement Officer. 3.2.1.12. Indicate location of all streams or drainage ways related to the street construction. 3.2.1.13. Indicate proposed drainage ditches for the full length in all easements. Furnish detailed typical section and type of stabilization to be provided.


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3.2.1.14. Indicate proposed stream locations or relocation. Show existing and proposed locations. Furnish detailed typical section and type of stabilization to be provided. Stone or concrete rip rap will be used where stream velocity exceeds six feet per second. 3.2.1.15. Indicate size and type or class of pipe to be installed both in right-of-way and outside right-of-way. 3.2.1.16. Indicate traffic barricades and/or “No Thru Street” signs. 3.2.1.17. Indicate the size of all driveway entrance culvert pipe, e.g., 18 inches or 21 inches according to computed size, for each lot. 3.2.1.18. Indicate protection of ends of curb and gutter by providing for erosion control. 3.2.1.19. Indicate typical paving section designation. 3.2.1.20. Add any notes that may be necessary to explain the intent and purposes of the plan or profile1

3.2.2. Profiles:

3.2.2.1. Profiles to be submitted on standard plan and profile sheets. 3.2.2.2. Existing centerline profiles to be shown and identified on all proposed:

3.2.2.2.1. Streets; 3.2.2.2.2. Storm sewers; 3.2.2.2.3. Stream relocation; 3.2.2.2.4. Drainage ditches; and 3.2.2.2.5. Outfall of storm sewer to existing streams.

3.2.2.3. Where terrain is exceptionally rough, additional profiles on either side of centerline may be required.


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3.2.2.4. Stations shown on profile must agree with stations shown on plans. 3.2.2.5. Grade line of proposed street construction must include:

3.2.2.5.1. Elevations at beginning and end of all vertical curves. 3.2.2.5.2. Length of vertical curves with elevations and stations of vertical points of intersection. 3.2.2.5.3. Elevations computed for every 50 feet of tangent sections, and grades computed every 50 feet. 3.2.2.5.4. Elevations at all centerline intersections of streets, at all street centerline intersections with boundaries of subdivision, at all culverts and storm sewer crossings and at all curb inlets.

3.2.2.6. When proposed street extends to or connects with an existing street, existing centerline profiles shall be shown for 200 feet minimum distance to insure proper grade tie. 3.2.2.7. If a difference exists in elevations or proposed curb grades, identify curb elevations at top of right curb, and top of left curb. 3.2.2.8. If a cul-de-sac is to be used as a temporary turnaround, the proposed grade and existing profiles shall be carried through at the temporary end of a street to provide for the future extension of the proposed street, i.e., 300 feet beyond the property line. 3.2.2.9. When a proposed street parallels or is located near an existing stream or open drainage way, profiles of top of bank or stream, computed water elevations and invert (or flow line) of stream or open drainage way shall be furnish. Street construction must not encroach on the floodway as defined in Chapter 14 of the Land Development Ordinance. 3.2.2.10. Show proposed culvert or storm sewer crossings and sanitary sewer crossings at the proper location and grade on all street profiles. 3.2.2.11. Storm sewer to be shown in profile with the following required information:


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3.2.2.11.1. Profile of proposed finished grade. 3.2.2.11.2. Profile of existing ground at centerline of storm sewer. 3.2.2.11.3. Percent of grade of proposed storm sewer. 3.2.2.11.4. Size of proposed pipe or structure. 3.2.2.11.5. Station to be shown every 100 feet and at all appurtenances. 3.2.2.11.6. Show curb inlets, etc., with proposed elevations for the tops and inverts, or tabulation in plain view may be permitted if all structures are identified. Show all existing stream crossings.

3.2.2.12. Profiles of streams that are not to be piped shall include:

3.2.2.12.1. Profile of top bank on both sides where difference in elevation exists. 3.2.2.12.2. Profile of flow line (invert) of streambed. 3.2.2.12.3. Profile of computed Floodway District as defined in the Land Development Ordinance.

3.2.2.13. Show existing ground at centerline and proposed computed grade of invert on all streams where relocation of channel is proposed.

3.2.2.14. Give datum reference for elevations used.

3.2.3. Additional details:

3.2.3.1. A registered engineer’s current stamp will be on all sheets, together with the necessary certificates for same required by Georgia State Board of Professional Engineers and Land Surveyors. 3.2.3.2. The developers’ names, addresses and telephone numbers. 3.2.3.3. Proposed layout including lot lines with dimensions, lot numbers, block letters, proposed street names, right-of-way widths, street widths


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indicated clearly from either face to face or back to back of curb lines (specify); and easements for sanitary sewer, stormwater drainage or pedestrian access. 3.2.3.4. Location and results of percolation tests for lots not to be served by sanitary sewers as required by the Health Department. 3.2.3.5. Location of the Flood Damage Prevention Overlay District as defined in Chapter 14 of the Land Development Ordinance. 3.2.3.6. Location of all sanitary sewer lines and laterals with appurtenances (specify type). 3.2.3.7. Location of tract showing land district and land lot, giving acreage of tract being developed. 3.2.3.8. Any request for deviations from this Ordinance. 3.2.3.9. All plans shall show the total length of paved roads being dedicated as a public road. This figure, along with other applicable road construction items, will be used in establishing the value of the maintenance bond. 3.2.3.10. Plans will not be accepted for review by the Zoning Enforcement Officer unless accompanied by signed certificate from a registered professional engineer certifying that all the items above have been complied with or showing by itemized list where approved deviations exist.

3.2.4. The Zoning Enforcement Officer will be given a definite date by the

developer as to when construction is to begin and the anticipated time duration of the contract.

3.2.5. Water system plans shall conform to Section 5.3 and Appendix A of this

Ordinance.

3.3. Required Certification: 3.3.1. All plans, drawings and calculation sheets submitted pursuant to the

requirements of this Ordinance shall bear the seal of an engineer or where allowed under Georgia Law a Landscape Architect registered in the State of Georgia.


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3.3.2. A certification of the design professional shall be placed on all plans, drawings

and calculation sheets stating that the plans, drawings and calculation sheets meet the requirements of this Ordinance.

IV. Inspection, Approval and Authority of Zoning Enforcement Officer.

4.1. Appointment of Inspectors.

The Board of Commissioners of Twiggs County shall appoint inspectors to inspect all materials and all work performed. The inspector will not be authorized to revoke, alter, enlarge or relax the provisions of the referenced construction specifications, nor will he be authorized to approve or accept any portion of the completed work or to issue instructions contrary to the plans and specifications. The inspector will have authority to reject defective material and to suspend work that is being improperly done, subject to final decision of the Zoning Enforcement Officer. The inspector shall have free access to all plats of the work. The work will be inspected as it progresses but failure to reject or condemn defective work at the time it is done will in no way prevent its rejection whenever it is discovered before the work is finally accepted and approved, nor will final acceptance and approval constitute waiver by the county of any right of action for defective work or failure to perform construction according to approved engineering construction plans and specifications.

4.2. Inspections.

The Zoning Enforcement Officer shall have the duty, right and authority to inspect and approve or disapprove all road and street construction along with other such related work that is constructed in the county, whether it be done pursuant to a contract between a subdivision developer and a contractor. The Zoning Enforcement Officer shall stop, by written order, any work or any part of the work under any contract that provides for the construction of roads and related items of construction which are constructed in the county, if he or she shall find that methods of construction or conditions are such that noncompliance with this Ordinance may result. The work shall be resumed when defective methods and/or materials are corrected as approved in writing by the Zoning Enforcement Officer. For inspection purposes, the Zoning Enforcement Officer will be informed by the developer as to what phases of construction are being accomplished. The Zoning Enforcement Officer shall cause to be made such inspections at such intervals as are necessary to determine whether there is compliance with the provisions of this Ordinance.


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V. Required Subdivision Improvements.

5.1 Monuments.

Right-of-way and property line monuments shall be placed in each subdivision in accordance with the following: 5.1.1. Right-of-Way Monuments. A concrete marker imbedded at least two (2) feet

into the ground shall be required at the intersection of the centerline of all street rights-of-way. Such concrete marker shall be at least four (4) inches in diameter. The top surface of such concrete marker shall be level with the surface of the street.

5.1.2. Property Line Monument. An iron pin imbedded at least two (2) feet into

the ground shall be required at each lot corner and each point where the property line changes direction. Such iron pin shall be at least three-quarter (3/4) inches in diameter. The top surface of such iron pin shall be approximately level with the ground surface.

5.2. Streets.

5.2.1. Special Classification of Streets for Construction. All streets except

expressways, arterials and collectors shall be classified for construction purposes only as follows:

5.2.1.1. Class I Street. A Class I street shall be paved, curbed and guttered in accordance with the specification required herein. A Class I street shall be required for all streets in R-2, C-1, C-2 and I-G districts. Class I Streets may be so located in other districts if the subdivider so desires. Minimum right-of-way width requirements shall be as required in Section 22.7.8 of the Land Development Ordinance. 5.2.1.2. Class II Street. A Class II street shall be paved in accordance with the specifications required herein, but no curbs and gutters shall be required. A Class II street shall be required as a minimum for all streets in R-AG, R-1, and R-MH Districts. Minimum right-of-way width requirements for a Class II street shall be as required in Section 22.7.8 of the Land Development Ordinance.


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5.2.1.3. Class III Street. A Class III street shall be paved in accordance with the specifications required herein, but no curbs and gutters shall be required. A Class III shall be the only street classification allowing an inverted crown in Twiggs County. A Class III street may be allowed by the Board of Commissioners on cul-de-sacs or streets less than 800 feet in length. Class III streets shall be allowed only in residential subdivisions located in R-AG, R-1, and R-MH districts. Minimum right-of-way width requirements for a Class III street shall be as required in Section 22.7.8 of the Land Development Ordinance.

5.2.2. Additional Street Design Requirements.

5.2.2.1. Grades, Horizontal Curves, Tangents and Sight Distances. The following street design requirements shall be adhered to in addition to other requirements stated herein:

Design Requirements Expressways, Freeways, Arterial Streets

Collector Streets

Other Streets

Maximum Streets Grades

6%

8%

12%

Minimum Radii of Center Line Curvature

800’

500’

100’

Minimum Length of Tangent Between Reverse Curves

300’

200’

100’

Minimum Stopping Sight Distance

350’

240’

200’

5.2.2.2. Vertical Curves. All changes in grade shall be connected by vertical curves of minimum length in feet equal to fifteen (15) times the algebraic difference in percent of grades for expressways, freeways, arterial and collector streets, and one-half (1/2) this minimum length for other streets. Profiles of all streets showing natural and finished grades drawn to a scale of not less than one (1) inch equals one hundred (100) feet horizontally and one (1) inch equals ten (10) feet vertically may be required by the Zoning Enforcement Officer.


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5.2.2.3. A summary of minimum street standards is provided in Table 5.2.2.3. 5.2.2.4. A typical cross section for arterial, collector, minor, class I and class II streets is provided in diagram 5.2.2.4. 5.2.2.5. A typical cross section for minor and class III streets is provided in diagram 5.2.2.5.

5.2.3. Basic Construction Requirements for all Classes of Streets.

5.2.3.1. Grading. All streets, roads and alleys shall be graded by the subdivider to provide the necessary paving, roadway, drainage and safety requirements. The preparation of the right-of-way before grading is started, and the construction of cuts and fills shall be accomplished in accordance with the requirements herein and other specifications of the Board of Commissioners. All public streets must be construed using 24” coated, galvanized piping or approved equal to exceed these specifications at cross drains beneath streets. Provide material listing General Asphalt Base, as well as compaction results done by contractor. Submit all material lists to Twiggs County Roads Superintendent for review and approval. 5.2.3.2. Storm Drainage. An adequate drainage system based on at least twenty-five (25) year rainfall frequency including necessary curb, pipes, culverts, headwalls and ditches as appropriate by street class shall be provided for the proper drainage of all surface water. The minimum drainpipe sizes shall be fifteen (15) inches for side drains and twenty-four (24) inches for cross drainage. 5.2.3.3. Installation of Utilities. After grading is completed and approved and before any base is applied, all of the underground utilities – water mains, sewer mains, gas mains and all service connections related thereto – shall be installed completely and approved throughout the length of the street. All driveways for houses to be built by the subdivider shall be cut and drained. Where the utility mains are off the pavement, the subdivider may elect to omit the installation of service connections providing that at such time as these service connections are needed, they may be jacked across the street without breaking or weakening the existing pavement.


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5.2.3.4. Slopes and Shoulder Improvements. The minimum ratio for all fill or cut slopes shall be three (3) to one (1) and the minimum width for all shoulders from back edge of the curb, if installed, shall be eight (8) feet for expressways, freeways, arterial and collector streets and five (5) feet for minor streets. All shoulders shall slope one-half (1/2) inch to the foot. When all construction is completed, all slopes and shoulders shall be cleared of all rubbish and shall have a stand of grass to prevent undue erosion, either by sprigging or seeding.

5.2.4. Roadway Surfacing and Paving. For expressways, arterials, collectors and

Class I, II and III Streets, the following minimum requirements shall be adhered to for the surfacing and paving of said streets:

5.2.4.1. Pavement Base. The pavement bases, not including the surface courses, shall be one of the following types and shall be of the following minimum thickness as designated for each street classification:

Type of Pavement Base

Expressways, Freeways, Arterial Streets

Collector Streets

Class I, II and III Streets

Graded Aggregate Base

8”

7”

6”

Soil Bituminous Stabilized Base

8”

7”

6”

Soil Bound Macadam Base

8”

7”

6”

Soil Cement Base 8” 7” 6”

Thickness of Pavement. The pavement shall be one of the following types and shall be designated for each street classification.


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Type of Pavement Expressways, Freeways, Arterial Streets

Collector Streets

Class I, II and III Streets

Portland Cement Concrete

8”

6”

6”

Asphalt Plant Mixed Surface (or approved type base)

3-1/2**

2-3/4*

2”

Triple Surface Treatment

NOT ALLOWED NOT ALLOWED

Stone Size shall be #5,7,8&9***

* The 2-3/4 inches consists of 1-1/2-inch binder and 1-1/4-inch surface ** The 3-1/2 inches consists of 2-inch binder and 1-1/2-inch surface. ***Triple Surface Treatment can be used only on approval by the Board of Commissioners.

5.2.4.3. Minimum Pavement Width. All minor Class I or Class II residential streets paved after the adoption of these regulations shall have a minimum pavement width of twenty-seven (27) feet from back of curb to back of curb, or twenty-four (24) feet from edge of pavement to edge of pavement if no curb and gutters are installed. Class III minor residential streets shall have a minimum pavement width of twenty (20) feet. The outside pavement for a cul-de-sac turn-around shall be a minimum diameter of eighty (80) feet. All other street width pavements shall be determined by the Zoning Enforcement Officer as required by the intended or desired street function. 5.2.4.4. Pavement Breaks for Utility Connections. When it is necessary for a subdivider, or any utility company, to break existing pavement for the installation of utilities, for drainage facilities, or for any other purpose, the subdivider, or utility company, shall be financially responsible for the repair of the pavement. The pavement shall be repaired in accordance with specifications required herein for construction of streets. 5.2.4.5. Curbs and Gutters. Either the regular six (6) inch or four (4) inch rollover concrete curbs and gutters with a minimum overall width of twenty-four (24) inches shall be constructed on all residential Class I streets. Commercial and Industrial Class I streets shall require the regular six (6) inch curb. Cement concrete Valley gutter shall be permitted across minor residential streets at street intersections only when no storm sewers are


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available as determined by the Zoning Enforcement Officer. Valley gutters shall be at least six (6) feet in width. Whenever driveway openings are provided for lots abutting the street, the driveway shall be six (6) inches thick and a minimum of ten (10) feet in width at the sidewalk or at the street right-of-way line. The driveway shall have a five (5) foot radius at the curb line for low-density residential uses and a ten (10) to twenty (20) foot radius for all other uses. 5.2.4.6. Ditch Sections. The depth of all ditches used for drainage on all Class I, II, and III streets shall be a minimum of two (2) feet. 5.2.4.7. Type Testing. The standard proctor or nuclear method (ASTM) shall be the type tests required by this Ordinance.

5.2.5. Installation of Utilities.

5.2.5.1. Water. The installation of a water system to be dedicated to Twiggs County shall be installed as require in Section 5.3 of this Ordinance. 5.2.5.2. Sewer. A publicly connected sanitary sewer system shall be installed when the cost of installing such a system does not exceed one hundred fifty (150%) percent of the cost of installing septic tanks for all lots in the subdivision. Where lots cannot be economically connected with a sanitary sewer system, they must contain adequate area for the installation of approved septic tank and disposal fields approved by the County Health Department. All sewer facilities shall be installed in accordance with the standards of the Environmental Protection Division of the State of Georgia, Department of Natural Resources. 5.2.5.3. Gas. When gas mains are connected with a gas distribution system, the lines shall be installed in such a manner as to serve adequately all lots shown on the subdivision plats. The gas lines shall be constructed in conformance with the technical standards as established or specified by the Board of Commissioners.

5.2.6. Sidewalks and Street Signs.

5.2.6.1. Sidewalks. When provided or as required by Section 5.2.6.2 of this Ordinance, sidewalks shall be four (4) inches thick with a minimum width of four (4) feet. A ten (10) foot grass planting strip shall be provided between the


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back of the curb and the sidewalk along collector and arterial streets, and a four (4) foot strip along minor streets. For Class II streets, the sidewalk shall be located on the right-of-way line side of the drainage ditch located parallel to the street. For Class III Streets a grass strip of two (2) feet in width shall be provided between the pavement and the sidewalk. No planting strip shall be required between marginal access roads and sidewalks. All sidewalks shall slope one-fourth (1/4) inch to the foot toward the pavement. 5.2.6.2. Sidewalks shall be provided in the following types of subdivisions:

5.2.6.2.1. In all commercial zones1

5.2.6.2.2. In all subdivisions within one-half (½) mile of a school or other facilities likely to attract pedestrian traffic at such a volume that the welfare of the public requires the installation of sidewalks.

5.2.6.3. Location of Street Signs. All streets shall be designated by name on a metal sign post approved by the Board of Commissioners with such metal post having nameplates of metal set one above the other with a clearance of seven (7) feet. The post shall be so located as to be visible for both pedestrian and vehicular traffic. At cross-street intersections, two sign posts shall be located diagonally across the intersection from each other. Only one street signpost shall be required at T-street intersections.

5.2.6. Private Streets. Private streets may only be allowed by the Twiggs County

Board of Commissioners pursuant to Section 22.7.18 of the Land Development Ordinance.

5.2.6.1. Private Streets do not have to meet construction standards as established in this Ordinance. 5.2.6.2. A legal stop sign shall be placed and continually maintained at the intersection of a private road and a public road. Private roads shall bear a sign indicating that it is a “private” road that may be incorporated into the street name sign.

5.3. Water System.

When a subdivision is to be developed within 1,000 feet of a Twiggs county water System, the following standards in this Section shall apply.


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5.3.1. General.

5.3.1.1. Applicable Standards. Supply all products and perform all work in accordance with applicable American Society for Testing and Materials (ASTM), American Water Works Association (AWWA), American National Standards Institution (ANSI), University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USCFCCC & HR), American Society of Sanitary Engineers (ASSE), or other recognized standards. Latest revisions of all standards are applicable. If requested by the County, submit evidence that manufacturers have consistently produced products of satisfactory quality and performance for a period of at least two years. All new system designs will comply with the Georgia Department of Natural Resources (DNR), Environmental Protection Division (EPD) – “Rules for Safe Drinking Water” Chapter 391-3-5”1 and DNR EPD Drinking Water Permitting & Engineering Program “Minimum Standards for Public Water Systems”. 5.3.1.2. Substitutions. Whenever a product is identified in the Specifications by reference to the manufacturer’s or vendor’s names, trade names, catalog numbers, etc., the Contractor/Developer may freely choose from these referenced products which ones he wishes to provide. Any item or product other than those so designated shall be considered a substitution. The Contractor/Developer shall obtain prior approval for an approved equal from the County for all substitutions. 5.3.1.3. Warranty. Water distribution systems installed by Contractors/Developers which are accepted by the County for ownership, operation and maintenance shall be warranted and guaranteed for a period of one year from the date of final acceptance that the completed system is free from all defects due to faulty products or workmanship, and that the Contractor/Developer shall make such corrections as may be necessary by reason of such defects upon notice by the County. 5.3.1.4. Easements and Right of Way. Water distribution systems installed by a Contractor/Developer which are accepted by the County for ownership, operation and maintenance shall be installed in either dedicated streets or easements. Easements shall be properly executed and recorded.


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The easements shall be cleared of all structures, trees, shrubs, brush, logs, upturned stumps and roots of down trees and similar items. No permanent structure shall be built on the easement. Temporary structures such as fence, driveway, etc. can be installed on the permanent easements; but it shall be the responsibility of the owner to remove, if necessary, or repair such structures if they are disturbed when the County works on the water mains within the easement. The owner shall obtain written permission from the County before the installation of such temporary structure. The minimum easement width shall be (20) feet. Additional width may be required depending on depth of the line, soil conditions and accessibility.

5.3.2. Construction Drawings. The term construction drawings shall mean drawings,

prints, descriptive literature, test reports, samples, calculations, schedules, material lists and information and items of similar meaning.

5.3.2.1. Submittals Required. The Contractor/Developer shall furnish to the County for review in accordance with the procedure outlined below, drawings and descriptive literature for all manufactured or fabricated products. Additional information such as special drawings, schedules, calculations and curves, shall be provided as specifically requested by the County. The owner must retain a Professional Engineer, registered in the State of Georgia, to prepare plans and specifications for approval by the County for the construction of the proposed public water system, and the owner shall submit to the County a certification from the engineer that the water system was constructed according to the plans and specifications approved. The owner must provide an approved back-up water source, such as an additional well, capable of providing adequate water service if the primary source becomes nonfunctional. The requirement for an approved back-up water source may be waived by the County for systems with less than 25 service connections. 5.3.2.2. Contractor/Developer’s Review. The Contractor/ Developer shall review and check drawings and submittals. He shall indicate his approval by initials and date. The Contractor/Developer shall furnish the County with a minimum of four copies of all submittals. A transmittal form shall accompany each submittal or group of submittals.


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5.3.2.3. County’s Review. All submittals will be reviewed, stamped, and dated by the County before they are returned to the Contractor/Developer. Acceptable submittals will be approved in writing with two copies returned to the Contractor/Developer and the remaining copies retained by the County. Submittals requiring minor corrections before being acceptable will be so noted. Drawings must be resubmitted for review and approval prior to installation or use. 5.3.2.4. Drawings for Construction. Drawings or other submittals not bearing the County’s approval notation shall not be issued to subcontractors or utilized for construction purposes. The Contractor/Developer shall maintain at the job site a complete set of construction drawings bearing the County’s approval.

5.3.3. Materials. Furnish all pipe, fittings, valves, tapping sleeves, hydrants, and all

other materials required for completion of the work. Furnish materials in accordance with the following:

5.3.3.1. Ductile Iron Pipe. Ductile iron pipe shall conform to AWWA C151 and shall be a minimum of Pressure Class 350 up to a diameter of 12 inches and 250 above 12” diameter. Sizes will be as shown on the Drawings. Pipe and fittings shall be cement lined in accordance with AWWA C104. Fitting shall conform to AWWA C110 or AWWA C153 with rated working pressure of 150 psi. Pipe and fittings shall be furnished with a bituminous outside coating. Joints shall be push-on type for pipe and standard mechanical or flanged joints for fittings. Push-on and mechanical joints shall conform to AWWA C111. Restrained joint pipe (RJP) shall be either the bolted joint type, or modified push-on type with joint restraint using ductile iron components. Restrained joint pipe on piers shall have bolted joints and shall be specifically designed for clear spans of at least 36 feet. Restrained joint pipes where required shall be American, U.S. Pipe, clow, or approved equal. Provide the appropriate gaskets for mechanical or flange joints. Gaskets for flange joints shall be made of 1/8-inch thick cloth reinforced rubber; gaskets may be ring type or full face type.


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Provide the necessary bolts for mechanical or flange connections. Bolts for flange connections shall be steel with American Regular unfinished square or hexagon heads. Nuts shall be steel with American Standard Regular hexagonal dimensions, all as specified in ANSI B 17.2. All bolts and all nuts shall be threaded in accordance with ANSI B 1.1, Coarse Thread Series, Class 2A and 2B fit. All pipes shall be furnished in lengths of 18 or 20 feet. Acceptance will be on the basis of the County’s inspection and the manufacturer’s written certification that the pipe was manufactured and tested in accordance with the applicable standards. Ductile iron pipe shall be used on all water systems including systems behind master meters. The systems behind master meter shall be pressure tested, disinfected, and the results shall be sent to Twiggs County for review. 3

5.3.3.2.1. Gate Valves. Valves (4” through 12”) shall be mechanical joint end (Flange x mechanical joint), resilient seated, iron body gate valves with non-rising stem flanged mechanical joint 0-ring stemseals and open left (counter clockwise). The valve shall be designed for water working pressure of 200 psi and a test pressure of 400 psi, and shall be designed for installing in a vertical position. This valve shall conform to the latest Revision of AWWA C509-94, for “Ordinary Water Works Service”, and shall be Mueller A-2370-20, American Darling CRS-80 or an approval equal. 5.3.3.2.2. Gate Valves (14” and larger) shall be mechanical joint, double disc, iron body, bronze mounted, non-rising stem with o-ring stem seals, and open left (counter clockwise). The valve shall be designed for water working pressure of 150 psi and a test pressure of 300 psi. The valve shall be designed for horizontal installation and equipped with bevel gearing, gear case, tracks, rollers, scrapers and by-pass valves. The valve shall conform to AWWA standard specification C500-93, latest revision for “Ordinary Water Works Service” and shall be Mueller No. A-2380-20, American Darling No. 55 or an approved equal.


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5.3.3.2.3. Valve Boxes (VB): All valves shall be equipped with valve boxes. Valve boxes shall be heavy roadway type. The valve boxes shall be cast iron two-piece slip or screw type with drop covers. The valve boxes shall be adjustable to 6” up or down from the nominal required cover over the pipe. Provide a 4-inch thick, 18-inch square or round concrete pad around the valve box. This must be placed at grade. 5.3.3.2.4. Tapping Sleeves and Valves (TS & V). Tapping sleeves shall be the split sleeve, mechanical joint type. Valves shall be gate valves furnished in accordance with the above specifications. The valves shall have flange x mechanical joint ends. The required bolts, glands, and gaskets shall be furnished. Tapping sleeves shall be Mueller No. 615 or approved equal. Tapping crosses shall be Mueller No. 716 or approved equal. Tapping valves shall be Mueller No. 687 or approved equal. 5.3.3.2.5. “All stainless tapping sleeves” may be used in lieu of the above, and shall conform to the following specifications: Body: 18-8 type 304 S.S. flange CF 8 cast stainless steel equivalent to 18-8 type 304 S.S. with ANSI 150 lb. drilling, recessed for tapping valve per MSS-SP--60.

Bolts: Type 304 S.S. Branch outlet: Heavy S.S. pipe. Gasket: Full circumferential gasket compounded for use with water, salt solutions, mild acids, bases and sewage. 5.3.3.2.6. Tapping Saddles. Tapping saddles shall be ductile iron body type with 0-ring gasket and stainless steel straps. Connection shall be flanged or mechanical joint as required.

5.3.3.3. Backflow Preventers.

5.3.3.3.1. General. Backflow preventers shall be selected on the basis of impurities involved and the type of cross connection. 5.3.3.3.2. Approval of Devices. The backflow preventers shall have been certified by American Society of Sanitary Engineers, as having been tested by a nationally recognized laboratory in accordance with


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applicable ASSE Standards. Each device shall bear the ASSE seal of approval and shall be individually factory tested. 5.3.3.3.3. Specifications and Installation of Devices.

5.3.3.3.3.1. Dual check backflow preventer (3/4 inch and 1 inch) shall have bronze body with two compact checks, a union, and “o” ring seals shall be installed at the downstream side of residential water meters to prevent backflow of polluted water into potable water supply. The device shall not be buried but may be installed in a pit below grade. A positive shut-off valve and a union shall be installed on the inlet side of the device. The device shall meet or exceed the requirements of ANSI/ASSE. 5.3.3.3.3.2. Double check valve assembly backflow preventer (1 inch, 1 1/2 inch and 2 inch) shall have brass body with replaceable seats, ball valve test cocks, and bronze strainers. Shall be installed at the downstream side of residential water meters to prevent backflow of polluted water into potable water supply. This device shall not be buried, but may be installed in a pit below grade, provided ball valve test cocks fitted with brass plugs are used, it should also include a positive shutoff valve and shall be equipped with three (3) leakproof test cocks. A fourth cock shall be provided on the upstream side of the inlet shutoff valve. A strainer with (20) mesh stainless steel screen shall be installed. The device shall meet or exceed the requirements of ASSE, AWWA or USCFCCC Manual for Cross Connection Control. 5.3.3.3.3.3. Double check valve backflow preventer assembly (2 1/2 inches, 3 inches, 4 inches, 6 inches, 8 inches and 10 inches). Shall have bronze body (2 1/2” and 3 Inches) epoxy coated. Cast iron or ductile iron (4 to 10 inches) body bronze seats, and stainless steel internal parts. Shall be installed at the downstream side of residential water meters to prevent backflow of polluted water to potable water supply. This device shall not be buried,


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but may be installed in a pit below grade provided ball valve test cocks fitted with brass plugs are used. The assembly shall be equipped with three (3) leakproof test cocks, a fourth test cock shall be provided on the upstream side of the inlet shut-off valve. Also a 20-mesh stainless steel screen shall be installed. The device shall meet or exceed the requirements of ASSE, AWWA, or USCFCCC Manual of cross connection control. 5.3.3.3.3.4. Double Detector Check Valve Backflow Preventer Assembly (DDC). A double detector check valve assembly shall be installed at the property line for a building sprinkler system or private fire hydrant system installed for fire protection only. The DDC prevents reverse flow of fire protection system substances (stagnant water) from being pumped or siphoned into the potable water line, also provides a detection point for unauthorized water use. Shall have bronze body (3 inches) or epoxy coated cast iron body (4 to 10 inches) bronze seats, and stainless steel internal parts. This device shall not be buried, but may be installed in a pit below grade provided ball valve test cocks fitted with brass plugs are used. The unit shall be a complete assembly including US listed OS & Y shut off valves (resilient seated) and test cocks, an auxiliary line consisting of an approved water meter and a backflow preventer. The device shall meet the requirements of AWWA or USCFCCC Manual for cross connection control. 5.3.3.3.3.5. Reduced Pressure Zone Backflow Prevention (RPZ). The RPZ backflow preventer shall be installed at the property line for a service that is considered as “hazardous” to prevent the back-siphonage and backpressure backflow of contaminated water into potable water supply. Shall have bronze body (3/4 inch through 2 inches) of epoxy coated cast iron body (2 inches and above), stainless steel springs; this device shall be installed in a vault, above ground with


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positive drainage. The device shall consist of a pressure differential valve located in a zone between two positive seating check valves. The assembly shall include two tightly closing shut of f valve (resilient seated) before and after the device, test cocks, protective strainer upstream of No. 1 Gate Valve. The device shall meet or exceed the requirements of AWWA or ASSE. 5.3.3.3.3.6. Reduced Pressure Zone Detector Double Check Valve Assembly. A reduced pressure principle detector double check valve assembly shall be used to prevent the reverse flow of fire protection system substances (glycerin, wetting agents, water of non-potable quality) from being pumped or siphoned into the potable water line. This device can detect leaks, and provides a detection point for unauthorized use. The unit shall have fused epoxy coated cast iron body, removable bronze sheets, stainless steel internal parts, maximum flow at low pressure drop with a 5/8” x ¾” record all by-pass meter. The unit shall be a complete assembly including UL listed OS & Y shut-off valves with FM approval, including an auxiliary line consisting of an approved backflow preventer and a water meter. The device shall meet the basic requirements of AWWA or USCFCC Manual for cross connection control.

5.3.3.4. Corporation Stops. Corporation stops shall be ball type made of bronze conforming to ASTM B61 or B62; and shall be rated at 150 psi. Ends shall be suitable for solder-joint. Threaded ends for inlet and outlet of corporation stops shall conform to AWWA C800; coupling shall conform to ANSI B16.26. 5.3.3.5. Valve Boxes. Valve boxes shall be cast iron and shall be adjustable to 6 inches up or down from the nominal required cover over the pipe. 5.3.3.6. Fire Hydrants (FH). All fire hydrants shall conform to the requirements of Twiggs County.


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In residential subdivisions and districts, fire hydrants shall be provided every 500 feet. The Board of Commissioners may grant a variance to this distance; however, no distance shall be greater than 1,000 feet. In all other zoning districts, the Board of Commissioners shall establish the spacing requirements. In the event of a traffic accident, the hydrant barrel shall break away from the standpipe at a point above grade and in a manner which will prevent damage to the barrel and stem, preclude opening of the valve, and permit rapid and inexpensive restoration without digging or cutting of the water.

5.3.4. Handling Materials.

5.3.4.1. Unloading. Furnish equipment and facilities for unloading, handling, distributing and storing pipe, fittings, valves and accessories. Make equipment available at all times for use in unloading. Do not drop or dump materials. Any materials dropped or dumped will be subject to rejection without additional justification. 5.3.4.2. Handling. Handle pipe, fittings, valves and accessories carefully to prevent shock or damage. Handle pipe by rolling on skids, forklift, or front loader. Do not use material damaged in handling. Damaged material will not be accepted for installation, and shall be removed and replaced with acceptable materials at the contractor’s expense. 5.3.4.3. Distribution. Distribute and place pipe and materials without interference to traffic. Do not string pipe more than 1,000 feet beyond the area where pipe is being laid. Do not obstruct drainage ditches. 5.3.4.4. Storage. Store all pipe which cannot be distributed along the route. Make arrangements for the use of suitable storage areas.

5.3.5. Construction Along Highways, Streets, and Roadway. Install pipe lines and accessories along highways, street, roadways in accordance with the applicable regulations of Twiggs County and/or the Department of Transportation with reference to construction operations, safety, traffic control, road maintenance and repair.


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5.3.5.1. Protection of Traffic. Provide and maintain suitable signs, barricades and lights for protection of traffic. Replace all highway signs removed for construction as soon as possible. Do not close or block any highway, street, or roadway without first obtaining permission from the proper authorities. Provide flagmen to direct and expedite the flow of traffic. Department of Transportation approved flagmen shall be provided on DOT maintained roads. 5.3.5.2. Construction Operations. Perform all work along highways, streets and roadways to least interfere with traffic.

5.3.5.2.1. Stripping. Where the pipeline is laid along road shoulders, strip and stockpile all sod, topsoil and other material suitable for shoulder restoration. 5.3.5.2.2. Trenching, Laying and Backfilling. Do not open the trench any further ahead of pipe laying operations than is necessary. Backfill and remove excess material immediately behind laying operations. Complete excavation and backfill for any portion of the trench in the same day. 5.3.5.2.3. Shaping. Reshape damaged slopes, side ditches, and ditch lines immediately after completing backfilling operations. Replace topsoil, sod and any other materials removed from shoulders. 5.3.5.2.4. Saw cut all driveways, paved parking areas, paved roadways and paved sidewalks.

5.3.5.3. Excavated Materials. Do not place excavated material along highways, streets and roadways in a manner that obstructs traffic. Sweep all scattered excavated material off of the pavement. 5.3.5.4. Drainage Structures. Keep all side ditches, culverts, cross drains, and other drainage structures clear of excavated material and free to drain at all times. 5.3.5.5. Maintaining Highways, Streets. Roadways and Driveways. Maintain streets, highways and roadways in suitable condition for movement of traffic


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until completion and final acceptance of the work. Use steel running plate to maintain traffic until pavement replacement is completed. Repair all driveways that are cut or damaged immediately. Maintain them in a suitable condition for use until completion and final acceptance of the work.

5.3.6. Clearing. Clearing of the construction easement is permitted with special care

taken to adhere to the requirements of Section 5.3.18. 5.3.7. Excavation. Excavate all materials encountered, including, rock, and dispose

of excess excavated material not required for backfilling. Perform all excavation in accordance with applicable local, state, and federal regulations, including Occupational Safety and Health Act of 1970 (PL 91-596), as amended. 5.3.7.1. Depth of Trenches. Excavate trenches to provide a minimum cover of four feet. Within the right-of-way of highways, streets, or roadways, excavate to place the top of the pipe a minimum of four feet below the nearest pavement edge. 5.3.7.2. Width of Trenches. Excavate trenches wide enough to allow proper installation of pipe, fittings, and other materials, and not less than 6 inches or more than one foot from outside barrel of the pipe on any side at any point. 5.3.7.3. Bell Holes. At each joint, excavate bell holes of ample depth and width to permit the joint to be made properly and to relieve pipe bell of any load. 5.3.7.4. Earth Excavation. Excavate and prepare the trench bottom to support the pipe uniformly throughout its length. For ductile iron pipe, the trench shall meet all requirements of Standard Laying Condition Type 2 in accordance with AWWA C151. If the trench is excavated to excessive width or depth, provide crushed stone meeting the requirements of Georgia DOT Specification 800.01 for No. 57 stone to achieve Standard Laying condition Type 4 in accordance with AWWA C151. 5.3.7.5. Rock Excavation.


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5.3.7.5.1. Definition of Rock. Any material which cannot be excavated with a backhoe having a bucket curling force rated at not less than 18,300 pounds (Caterpillar Model 215 or equal), and occupying an original volume of at least one-half cubic yard. 5.3.7.5.2. Excavation. Where rock is encountered, excavate to the minimum depth and width that will provide 6 inches clearance beyond the outside diameter of the pipe bell. 5.3.7.5.3. Blasting. A certified and bonded contractor must perform blasting. Conduct blasting operations in accordance with all existing ordinances and regulations. Protect all structures from the effects of the blast. Repair any resulting damage. 5.3.7.5.4. Removal of Rock. Do not use excavated rock as backfill material. Dispose of rock that is surplus or not suitable for use as rip rap.

5.3.8. Existing Under Ground Utilities and Obstruction. It is the responsibility of

the Contractor/ Developer to locate all existing utilities along the path of his construction. His drawings shall indicate underground utilities or obstructions that are known to exist. Where these or unforeseen underground utilities are encountered, the location and alignment of the water main may be changed, upon written approval of the owner of the utility. It is the responsibility of the contractor/ developer to locate all existing utilities along the path of his or her construction.

5.3.9. Laying and Jointing Pipe and Fittings. Lay all pipe and fittings to accurately

conform to the lines and grades approved by the County as follows:

5.3.9.1. Handling. Use suitable tools and equipment to handle and lay pipe, preventing damage to the pipe and the cement lining. Examine all pipes carefully for cracks and other defects as it is laid. Do not lay pipe or other materials that are known to be defective. Lower pipe, fittings, valves and accessories into the trench by suitable means. Do not drop or dump pipe or accessories into the trench. Clean pipe and fittings thoroughly before laying. Keep the pipeline clean until final acceptance.


575

If any pipe or other material is discovered to be defective or damaged after being laid, remove and replace it. 5.3.9.2. Alignment and Gradient. Lay pipe straight in alignment and gradient or follow true curves as nearly as practicable. Do not deflect any joint more than 2/3 the maximum deflection recommended by the manufacturer. Maintain a transit and accessories on the job to lay out angles and ensure that deflection allowances are not exceeded. 5.3.9.3. Expediting of Work. Excavate, lay the pipe and backfill as closely together as possible. Do not leave unjointed pipe in the trench overnight. Backfill and compact the trench as soon as possible after laying and jointing is completed. Cover the exposed end of the installed pipe each day at the close of work and at all other times when work is not in progress. If necessary to backfill over the end of an uncompleted pipe, close the end with a mechanical joint plug. 5.3.9.4. Laying Pipe in Trenches. Lay the pipe with solid bearing throughout its length.

5.3.9.4.1. Earth Trenches. Grade the bottom of the trench to a true line. Lay the pipe in clean bedding material, free of rock, organics, and other unsuitable materials. 5.3.9.4.2. Rock Trenches. Bed the pipe in at least six inches of granular bedding material. Backfill with the same material to at least six inches above the pipe. 5.3.9.4.3. Wet Trenches. Do not lay pipe in water. Provide dewatering equipment to maintain a ground water level below the bottom of the pipe while pipe is being laid. 5.3.9.4.4. At end of each workday all open-end pipe shall be capped with a plug.

5.3.9.3. Pipe Joints. Joints shall be made in accordance with the manufacturer’s recommendations.


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5.3.9.4. Cutting. Cut ductile iron pipe using an abrasive wheel saw. Remove all burrs and smooth the end before jointing.

5.3.10. Connections to Existing Pipelines. Before laying pipe, the Contractor/Developer shall locate the points of connection to existing pipelines and uncover as necessary for the County or an approved contractor to confirm the nature of the connection to be made. The County or Contractor shall furnish materials and make the connection to all existing pipelines. The Contractor/ Developer will be charged with a connection fee to cover the expenses of the County, only if County makes tap. 5.3.11. Thrust Restraint. Provide restraint at all points where hydraulic thrust may develop.

5.3.11.1. Retainer Glands. Install retainer glands on fire hydrants and all associated fittings, valves and related piping. Retainer glands shall be ACIPCO A 90857 or an approved equal. 5.3.11.2. Zinc plated 3/4 inch all threaded rods with USS course thread shall be used where it is required to restrain joints. 5.3.11.3. Concrete Blocking. Provide concrete blocking for all other bends, tees, valves, and other points where thrust may develop, or as directed by the County. 5.3.11.4. Restrained Joints. Restrained joints type pipe such as American Lock Ring, or Lok-Fast or an approved equal may be used in accordance with manufacturer’s recommendation. Concrete shall have a compressive strength of not less than 3000 psi. For job mixed concrete, submit the concrete mix design for approval by the County. Ready-mixed concrete shall be mixed and transported in accordance with ASTM C94. Reinforcing steel shall conform to the requirements of ASTM A615, grade 40.

5.3.12. Backfilling. Backfill and compact to prevent settlement and displacement of the pipe.


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5.3.12.1. Material. Backfill trenches with earth only. Do not use rock excavated from trenches in the backfill. If necessary, furnish suitable earth material to backfill the trench. 5.3.12.2. Backfill. Place backfill material in the bottom of the trench and up to two feet above the pipe in 6-inch layers. Compact with two hand operated air hammers with tamping feet, one on each side of the pipe, operated simultaneously. Backfill above, shall be compacted as follows:

5.3.12.2.1. In 6-inch layers, if using light power tamping equipment, such as a “jumping jack,”1 5.3.12.2.2. In two foot layers, if using heavy tamping equipment, such as hammer with tamping feet.

5.3.12.3. Backfill Under Roads. Backfill under roads shall be compacted to 95% up to top 2’ below grade and 98% for top of the maximum dry density as determined by the Standard Proctor Compaction Test (ASTM D698). 5.3.12.4. Settlement. If trenches settle, refill and grade the surface to conform to the adjacent surfaces. 5.3.12.5. Compaction. The backfill in all the trenches shall be compacted as stated herein: shall be 100 percent of the maximum dry-density as determined by Standard Proctor Compaction Test (ASTM D698) for the base material under the pavement. The top (24) inches of backfill shall be compacted to a minimum of 98% percent of the maximum dry density. It shall be 95% outside the pavement but within the road right-of-way and 85% outside road right-of-way. The testing agency shall run as a minimum (1) Proctor for each type of soil encountered or could use “Family of Curves Method – GHD-67” as approved and utilized by the Georgia Department of Transportation and the U.S. Army Corps of Engineers. During the backfilling, loose lifts shall not exceed (8) inches in thickness. Field density determination (compaction tests) should be made at a minimum of one (1) test per 250 to 300 linear feet per two (2) compacted vertical feet. This is a minimum requirement for all the areas.


578

5.3.13. Pavement. Pavement restoration shall be completed as soon as possible after backfilling. Specifications for Paving shall be as provided in Section 5.2 of this Ordinance.

5.3.13.1. Replacement. Prior to replacing pavement, make a final cut in concrete pavement nine inches back from the edge of damaged pavement. Make the cut using a rotary saw. Remove asphalt pavement nine inches back from the edge of damaged pavement using jackhammers or other suitable tools. Replace all street and roadway pavement as shown on the Drawings. Replace driveways, sidewalks, and curbs with the same material and to the same dimensions as existing. 5.3.13.2. Failure of Pavement. Should any pavement restoration or repairs fail or settle during the life of the Contract, including the bonded and warranty period, promptly restore or repair defects.

5.3.14. Boring. Furnish and install pipe casing and install the pipeline therein in

accordance with the drawings and the following specifications:

5.3.14.1. General. Where groundwater is encountered, operate well points or drainage systems in the vicinity of the casing to prevent the accumulation of ground water in the casing. 5.3.14.2. Pipe Casing. Furnish all material and equipment and perform all labor required to install steel pipe casing at locations indicated on the drawings and as specified.

5.3.14.2.1. Boring. The steel casing pipe shall be Schedule 30 steel pipe manufactured from steel plate having a minimum yield strength of 35,000 PSI. The steel plate shall also meet the chemical requirements of ASTM A36. Size and thickness shall be as follows:

Under Railroads Pipe Diameter (inches)

Casing Diameter (inches)

Wall Thickness (inches)

6 14 0.250 8 18 0.250


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10 20 0.281 12 22 0.312 14 24 0.344 16 30 0.406 18 30 0.406 20 32 0.469 24 36 0.469 30 42 0.500

Under Highways Pipe Diameter (inches) Casing Diameter

(inches) Wall thickness (inches)

6 12 0.250 8 16 0.250 10 16 0.250 12 18 0.250 14 22 0.250 16 24 0.250 18 30 0.312 20 30 0.312 24 36 0.375 30 42 0.375

5.3.14.3. Installation of Pipe. After installation of the casing is complete, install the pipeline by a method that has received prior approval of the County. The carrier pipe shall be supported at each joint or as recommended by the manufacturer. All stainless steel casing spacers as manufactured by Cascade or approved equivalent shall be used. Close the ends of the casing with 4-inch brick walls, plastered with Portland Cement mortar and waterproofed with asphaltic roofing cement. Leave a 4-inch x 8-inch opening at the bottom of the lowest closure for drainage.

5.3.15. Stream and Ditch Crossing. At all points where banks of streams or

drainage ditches are disturbed by excavation or where natural vegetation is


580

removed, carefully compact backfill and place rip rap or an approved erosion control fabric where applicable to prevent subsequent settlement and erosion.

This requirement applies equally to construction alongside a stream or drainage ditch as well as crossing stream or drainage ditch. Place rip rap a distance of not less than 10 feet upstream and 10 feet downstream from any disturbed area. Extend rip rap from 1 foot below Streambed to top of bank. Place to conform with the natural slope of the stream bank. Use only one method, either 5.3.15.1 or 5.3.15.2, throughout the job.

5.3.15.1. Stone Rip Rap. Use Sound, tough, durable stones resistant to the action of air and water. Slabby or shaley pieces will not be acceptable. Specific gravity shall be 2.0 or higher. Minimum weight of individual stones shall be 50 pounds. The maximum allowable dimension for an individual stone is 24 inches. The minimum allowable dimension for an individual stone is 6 inches. At least 50% of the stones shall have a minimum dimension of 12 inches. A geotextile fabric shall be placed over the entire ditch and extend outward on either side a minimum of 10 feet. Rip rap shall be placed on a (6) inch layer of soil, crushed stone, or sand overlaying the fabric. Rip rap shall be placed with its top elevation conforming to the finished grade or the natural existing slope of the stream bank and stream bottom. The stone shall be dropped no more than three feet during construction. Imbed stone rip rap by hand so as to form a compact layer at least 12 inches thick. Place rip rap in such a way that the smaller stones are not segregated but evenly distributed. Place chinking stones in the crevices between the larger stones so that a dense, well-graded mass is produced. 5.3.15.2. Sand-Cement Bag Rip Rap. Use cement sacks or burlap bags having a capacity of from 1 to 2 cubic feet. Do not use bags previously used for sugar or chemicals. Fill bags with a mixture of one part Portland Cement to five parts sand.


581

Imbed bags by hand to form a compact layer at least 12 inches thick. Place with overlapping joints. The finished surface shall not deviate from those specified by more than 3 inches at any point. 5.3.15.3. When the depth of cover on the pipe at the bottom of the creek is less than 24 inches, encase the pipe with concrete. The width and depth shall be a minimum of pipe OD + 16” or as directed by the County.

5.3.16. Testing. When a length of pipe approved by the County is ready for testing,

fill the line with water, bleed out all air and make a leakage test.

5.3.16.1. Preparation. Provide a test pump, an accurate water meter, and all other accessories required to make the test. Provide a corporation stop at each high point on the pipe to bleed off air. Provide and remove all temporary bulkheads, plugs, and flanges required to perform the pressure test. 5.3.16.2. Test Pressure and Leakage. Test the pipeline at 150 psi measured at the highest point. Leakage shall not exceed 0.12 gallons per hour per inch diameter per thousand feet. Test for a minimum of two hours. The gate valve when tested at the rated working pressure or at a minimum of 150 psi shall show no leakage through the metal or at flange joints. If leaks are detected, locate, repair, and retest. If results are not totally satisfactory, the County may require additional testing. 5.3.16.3. Existing Valves. Do not operate valves in the existing system without the specific authorization and direct supervision of the County. 5.3.16.4. Tapping Sleeve and Tapping Valve. All tapping sleeves and tapping valves shall be air tested to a pressure of 200 psi prior to making the tap into an existing main. Any leaks shall be detected by applying a soap solution to all sealing surfaces. The seal and the valve shall be adjusted and re-tested as necessary until no leaks are observed. After the sleeve and valve have been tested satisfactorily, the existing main can be tapped. All testing and tapping shall be done in the presence of a representative of Twiggs County.

5.3.17. Sterilizing Pipelines. Disinfect all installed potable water lines and all other pipelines that may have been contaminated by the work.


582

5.3.17.1. Sterilization. Prepare a one percent chlorine solution using high-test calcium hypochlorite (HTH), and place an adequate quantity of this solution into the water mains to obtain a minimum chlorine concentration of 50 mg/l. Application of the chlorine may be at the time of filling for pressure testing. At the end of 24 hours check the chlorine residual and if found to be less than 25 mg/l add chlorine solution and check again after 24 hours. The following is the minimum quantity of solution required per 100 feet of pipeline to obtain the desired concentration.

Pipe Diameter (inches) Quantity ( gallons) Strength % 1 0.02 1 2 0.08 1 3 0.18 1 4 0.32 1 6 0.73 1 8 1.30 1 10 2.04 1 12 2.88 1 14 0.38 10 16 0.50. 10 18 0.63 10 20 0.78 10 24 1.12 10 30 1.72 10

5.3.17.2. Flushing. After completing chlorination, flush the line with potable water and test for chlorine residual at the point of discharge until the chlorine residual is equal to the chlorine residual of the water used for flushing. Allow the pipeline to remain full for 24 hours and take samples for bacteriological examination. Analyze these samples. Results must be acceptable to the State. If the samples are not satisfactory, perform additional sterilization until acceptable samples are obtained. The valves on the County system will be operated by its personnel only. 5.3.17.3. Sampling. Sampling determinations of chlorine residual for sterilization and flushing shall be performed by a laboratory of the County’s


583

choice. The County shall be requested to perform such sampling and testing no less than 48 hours prior to the sampling time. 5.3.18. Protection and Restoration of Work Area.

5.3.18.1. General. Return all items and all areas disturbed, directly or indirectly by work under these Specifications, to their original condition or better, as quickly as possible after work is started. 5.3.18.2. Man-Made Improvements. Protect, or remove and replace with the County’s approval, all fences, piers, docks, walkways, mail boxes, pipe lines, drains, culverts, power and telephone lines and cables, and other improvements that may be encountered in the work. 5.3.18.3. Cultivated growth. Do not disturb cultivated trees or shrubbery unless approved by the County. Any such trees or shrubbery that must be removed shall be heeled in and replanted under the direction of an experienced nurseryman. 5.3.18.4. Cutting of Trees. Do not cut trees for the performance of the work unless specifically approved by the County. Protect trees that remain in the vicinity of the work from damage from equipment. Do not store spoil from excavation against the trunks. Remove excavated material stored over the root system of trees within 30 days to allow proper natural watering of the root system. Repair any damaged tree over 3-inches in diameter, not to be removed, under the direction of an experienced nurseryman. All trees and brush that require removal shall be promptly and completely removed from the work area and disposed of by the Contractor. No stumps, woodpiles, or trash piles will be permitted on the work site or easement area. 5.3.18.5. Grassing. Replant grasses removed or damaged in residential areas using the same variety of grass and at the first appropriate season. Outside of residential areas, plant the entire area disturbed by the work in rye, fescue, bermuda, clover, or other suitable ground cover on completion of work in any area. In all areas, promptly establish successful strands of grass. 5.3.18.6. Erosion Control. Plan excavation work to prevent erosion and the washing of soil into adjacent streams. Limit the amount of


584

open excavation at any one time. Place spoil in the proper place and keep natural water routes open. 5.3.18.7. Disposal of Rubbish. Dispose of all materials cleaned and grubbed during the construction of the project in accordance with the applicable codes and rules of the appropriate regulatory agencies, county, state and federal. 5.3.18.8. Any excavated area left open overnight shall be properly protected with flashing lights and barricades.

5.3.19. Detailed Construction Drawings. Detailed construction drawings may be

found in Appendix A.

VI. Administrative Procedures. The administrative procedures for installing the subdivision improvements required herein shall be as follows:

6.1. When Construction May Begin.

Construction and installation of any required public improvement as described herein shall not begin until the Zoning Enforcement Officer has given Preliminary Approval of the new subdivision. The subdivider shall then confer with the Zoning Enforcement Officer to determine the method and estimated cost of the construction and installation of the required improvements.

6.2. Inspections and Approval. During the construction and installation of the required public improvements, the Zoning Enforcement Officer shall from time to time make field inspections and supervise said work as predetermined and agreed upon by the Zoning Enforcement Officer and the subdivider. After completion of all the construction and installation of the required public improvements and if the said work has met the specifications as described herein as determined by the Zoning Enforcement Officer, the Zoning Enforcement Officer shall notify the subdivider in writing of the approval of said work. 6.3. Official Acceptance by the Board of County Commissioners.


585

The Board of County Commissioners shall officially accept the completed work on the construction and installation of required public improvements not less than one (1) year from the date of the written acceptance by the Zoning Enforcement Officer, but not before approval by the Zoning Enforcement Officer of the final plat.

6.4. Performance Bond. If the subdivider does not wish to construct and install any or all of the required public improvements as described herein prior to submitting the subdivision plat to the Zoning Enforcement Officer for final approval, a performance bond shall be required, such bond being equal to the estimated cost of construction. The surety on any bond furnished to Twiggs County shall be a corporate surety authorized to do business in the State of Georgia and, where possible shall have an agency in Twiggs County. When the work has been completed satisfactorily, the Board of County Commissioners shall release ninety (90%) percent of the funds with a letter of approval to the subdivider. The remaining ten (10%) percent shall be placed in escrow for the maintenance purposes.

6.5. Maintenance of Completed Work. The subdivider shall maintain his completed work until the official acceptance by the Board of County Commissioners as described above. The subdivider shall be required to sign a maintenance agreement with the Board of County Commissioners. If a maintenance bond is posted by the subdivider, a bond equaling ten (10%) percent of the construction cost shall be required. The surety on any bond furnished to Twiggs County shall be a corporate surety authorized to do business in the State of Georgia and, where possible shall have an agency in Twiggs County. During the maintenance period, the Zoning Enforcement Officer shall make final inspection and notify the subdivider and the bonding company of the cost of making necessary corrections and the cost of maintenance. These costs shall be deducted from the maintenance funds, and the subdivider charged with any costs above the amount of maintenance funds. If the work is acceptable at this time, the remainder of the maintenance funds shall be released to the subdivider.

6.6. Subdivider’s Responsibility. The subdivider shall incur the cost of construction and installation of all required public improvements based on the following:


586

6.6.1. Streets. Incur the cost for the construction of streets up to twenty-seven (27) feet in pavement width from edge of pavement to edge of pavement if no curbs and gutters are installed.

6.6.2. Water and Sewer Systems. Incur the cost for the installation of all water and

sewer systems that are required to serve the new subdivision and tie in with existing water and sewer systems based on the specifications set forth herein.

6.6.3. Sidewalks. Entire cost if provided. 6.6.4. Monuments. Entire cost. 6.6.5. Street Signs. Entire cost.

6.7. Board of County Commissioners’ Responsibility. The Board of County Commissioners shall partially participate in sharing the cost of construction and installation of required public improvements for the following conditions: 6.7.1. Streets. Incur cost for any additional required pavement which is in excess of

twenty-seven (27) feet for streets with curbs and gutters and in excess of twenty-four (24) feet for streets without curbs and gutters, and any additional grading and paving related thereto.

6.7.2. Water and Sewer Systems. Incur not more than one-half (1/2) the cost for

any difference in the cost of the laying of oversized pipe and outfall systems which are needed in excess of the required water and sewer facilities needed to exclusively serve the new subdivision as determined by the Board of County Commissioners.

6.8. Property Owner’s Responsibility.

Whenever the Board of County Commissioners is petitioned by the property owners to upgrade a street to higher construction standards, each property owner shall then incur the one half cost for said improvements based on the footage along the property line of each lot abutting the street which is being improved.


587

6.9. Estimated Costs for Construction and Installation. The current unit prices in effect at the time of submission of plans plus ten (10%) percent shall be used in determining the total estimated cost for construction and installation of required public improvements in new subdivisions.

VII. Enforcement and Penalties.

7.1. Enforcement. It shall be the duty of the Zoning Enforcement Officer to enforce this Ordinance and to bring to the attention of the County Attorney any violation or lack of compliance therewith. The County Attorney shall initiate appropriate actions to remedy violation of this Ordinance.

7.2. Penalties. 7.2.1. Upon conviction of a violation of any provision of this Ordinance, the

violating party or parties shall be deemed guilty of a misdemeanor. 7.2.2. Any person or entity violating any provision of this Ordinance shall be subject

to a fine of up to $500.00 for each violation and it shall be considered a separate violation for each day that the violation continues.

7.2.3. In any case were a subdivision of land is constructed or maintained in

violation with this Ordinance, the Board of Commissioners is authorized to petition for an injuction2 or other appropriate legal action to prevent the sale of lots or further development of the subdivision in question.


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TABLE 5.2.2.3 MINIMUM STREET STANDARDS TYPE OF STANDARD

ARTERIAL COLLECTOR MINOR STREET

MARGINAL ACCESS STREET

ALLEYS AND DRIVEWAYS

MINIMUM RIGHT-OF-WAY WIDTH (FEET)

100 80 60 (70)1

(60)2

40 22

CUL-DE-SAC TURN AROUND R/W DIAMETER (FEET)

N/A N/A 100 N/A N/A

MINIMUM PAVEMENT WIDTH (FEET)

48 36 (32)3

(40)4

27 (24)3

27 (24)3

20 (10)6

MINIMUM CUL-DE-SAC PAVEMENT DIAMETER (FEET)

N/A N/A 80 N/A N/A

SIDEWALK WIDTH, WHERE REQUIRED (FEET)

4 4 4 4 N/A

SIDEWALK DISTANCE FROM CURB (FEET)

10 10 4 0 N/A

MINIMUM SITE DISTANCE (FEET)

350 240 200 200 200

MAXIMUM GRADE

6% 8% 12% 12% 12% MAXIMUM CUL-DE-SAC LENGTH (FEET)

N/A N/A 800 N/A N/A

DESIGN SPEED (MPH)

50 35 25 25 10

MINIMUM CENTER LINE RADIUS (FEET)

800 500 100 100 100


589

MINIMUM LENGTH OF TANGENT BETWEEN REVERSE CURVES

300 200 100 100 -------------

CURB LINE RADIUS (FEET)

20 20 20 20 10-20 (5)7

Footnotes: 1. Commercial and industrial or class II streets. 2. Residential cul-de-sac. 3. No curb and gutter. 4. Curb and gutter with on street parking. Geometric design standards of the Georgia Department of Transportation shall represent minimum requirements and each project shall be reviewed on its own merits. 5. One-way 6. Low density residential usage.


590

27

40

36

45

20

DIAGRAM 5.2.2.4

TYPICAL ROADWAY CROSS SECTIONS

100' RIGHT OF WAY4 MOVING LANES

100' RIGHT OF WAY4 MOVING LANES WITH PROVISION FOR LEFT TURN

80' RIGHT OF WAY2 LANES WITHOUT PARKINGPERMITS LEFT TURN LANE

80' RIGHT OF WAY2 LANES WITH PARKING

60' RIGHT OF WAY2 MOVING LANES

60' RIGHT OF WAY2 MOVING LANES WITHOUT CURB & GUTTER

ARTERIALS

COLLECTORS

MINOR STREETS

16 2 - 12' LANES2 - 12' LANES


591

60' RIGHT OF WAY6: SOIL CEMENT BASE @ 25 LBS / SQ. YD.

21

1010

DIAGRAM 5.2.2.5TYPICAL CROSS SECTIONMINOR CLASS III STREETS

0.50.5 ADJUST SLOPE TO MATCHADJUST SLOPE TO MATCH

REQ'D ASPH. CONC. "E", GP 1 OR 2210 LBS / SQ. YD.SLOPE 0.25" / FT

PROFILE &FINISHED GRADE

UNCLASSIFIED EXCAV.SHOULDER MATL.


592

APPENDIX A

DETAILED WATER SYSTEM

CONSTRUCTION DRAWINGS


593


594


595

0.7750

1.45002.00

00


596


597


598


599


600


601


602


603

1 7/

8

0

5/16

3/16

1 9/

16

3/16

5/8


604


605


606

Adopted as Resolution 01-5, November 6, 2001. Statutory References: 33-8-8.2; 48-6-93; 48-13-1 et seq.; PL 91-596 Editor’s Notes: 1. Thus in the original. 2. Thus in the original. “Injunction” was probably intended. 3. There is no section 5.3.3.2. Cross References: § 310.001; § 320.001; Title V; Chapter 650; Appendix IV. Index Headings: Planning & Zoning; Taxation, Revenue & Finance.


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Section 660.310: A resolution relating to building permits.

WHEREAS, the Board of Commissioners of Twiggs County are directed by Act No. 969* amending Chapter 3 of Title 31 (1986) of the Official Code of Georgia to perform certain actions relative to county building permits; and,

WHEREAS, O.C.G.A. § 31-3-5.1(b) requires that Twiggs County not issue a

building permit for the construction of any residence, building, or other facility which is to be served by a septic tank unless a septic tank installation permit has been issued in conformity with the rules and regulations of the county board of health; and

WHEREAS, Twiggs County does not require building permits nor does it

have zoning laws or ordinances; and WHEREAS the Chairman of the Twiggs County Board of Health has been

advised that there appears to be no enforceable health rule or regulation adopted for Twiggs County; and

WHEREAS, the Twiggs County Board of Health is directed by O.C.G.A. §

31-3-5.1(a) to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincorporated area of the county; and

WHEREAS, it is the duty and obligation of the Twiggs County Board of

Health to take action to ensure the health of the citizens of Twiggs County under the authority and by the direction of the Twiggs County Board of Health; and,

WHEREAS, the district health sanitation officer is under the direction of the

Twiggs County Board of Health chairman, acting in his official capacity in determining when and where and how to enforce the rules of the Twiggs County Board of Health;

THEREFORE, the Twiggs County governing authority resolves by this

resolution to inform the Twiggs County Board of Health of Georgia law and of the governing authority’s accession to the Board of Health’s enforcement of its rules and regulations. Adopted as Resolution 86-6, June 17, 1986. Statutory References: 31-3-5.1.


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Editor’s Notes: Note that 31-3-5.1 has been substantially rewritten since this section was enacted and no longer includes the lettered subpoints referenced herein. Note that this section may have been superceded by the subsequent enactment of several other provisions of this code, such as § 650.100, § 660.311, § 660.315, § 656.330, and particularly, § 660.100. *Act No. 969 (1986) was codified as § 31-3-51. Cross References: § 205.200; Title V; § 650.050; § 650.055; § 650.075; § 650.100; § 660.311; § 660.315; § 660.320; § 650.330; § 650.410; § 650.415. Index Headings: Planning & Zoning.


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Section 660.311: An ordinance relating to building permits.

WHEREAS, a large number of new structures have been built within Twiggs County; and,

WHEREAS, it is important for purposes of taxation to be aware of the existence of all structures within Twiggs County;

THEREFORE, the following ordinance is adopted:

1. The provisions of this ordinance shall affect structures, construction and installations of every kind or character in all of the area of Twiggs County, Georgia.

2. (a) Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to cause any such work to be done, shall first make application to the Board of Tax Assessors and obtain a permit thereof.

(b) Ordinary minor repairs may be made without the approval of the Board of Tax Assessors.

(c) Before applying for a permit for new construction, the person shall, in conformity with O.C.G.A. § 31-3-5.1, receive an approval for a septic tank installation or a waiver of need from the Twiggs County Board of Health and shall present same to the Tax Assessors prior to applying for a permit.

3. It shall be a condition precedent to issuance of any permit required by this Ordinance that the owner of the property undergoing the changes stated in Section two above shall submit to the Board of Tax Assessors proof that all State and County taxes theretofore accruing and payable with respect to such property have in fact been paid.

4. The Board of Tax Assessors is hereby authorized and empowered to prescribe application and permit forms and thereafter to alter and change the same and said Board is empowered to require that applicants furnish such information in writing as may be reasonably required to effectuate the purposes hereof.

5. No person shall construct, enlarge, alter, repair, move, demolish or change the occupancy of a building, or structure, or to cause any such work to be done until application is first made to the Board of Tax Assessors.


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6. Penalty. Any person, firm or corporation that shall do any act prohibited hereby or shall fail to do any act required hereby shall be deemed to be guilty of a misdemeanor as provided by O.C.G.A. § 36-13-11 and 36-13-12. Each and every day such violation continues shall be deemed a separate offense.

7. There shall be charged a fee in the amounts of Ten Dollar ($10.00) payable at time of application to defray the cost of administrative services associated with issuance of the permit.

Adopted April 21, 1987. Statutory References: 31-3-5.1, 36-13-11, 36-13-12. Editor’s Notes: This section may have been superceded in whole or in part by § 660.100. Cross References: § 205.200; Title V; § 650.050; § 650.055; § 650.075; § 650.100; § 660.310; § 660.315; § 660.320; § 650.330; § 650.410; § 650.415. Index Headings: Offenses & Penalties; Planning & Zoning; Taxation, Revenue & Finance.


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Section 660.315: An ordinance requiring proof of a building or mobile home permit prior to the installation of electrical service lines, and imposing liability upon any party failing to comply herewith.

WHEREAS, the installation of electrical service lines to property owners of Twiggs County is of importance to the governing authority; and,

WHEREAS, the Official Code of Georgia Annotated § 36-13-1 allows for the county governing authority to make, adopt, amend and repeal building, housing, electrical, plumbing, gas and other similar codes;

THEREFORE, the governing authority of Twiggs County does hereby adopt the following ordinance.

1. Prior to the installation of any electrical wires to any property within Twiggs County the electricity company providing the electrical power shall determine if the property owner or his agent has obtained a building or mobile home permit from the Board of Tax Assessors of Twiggs County.

2. If no permit has been obtained there shall be no authority for the provider of electricity to install and maintain and provide electricity to the property.

3. Penalty. Any person, firm or corporation that shall do any act prohibited hereby or shall fail to do any act required hereby shall be deemed to be guilty of a misdemeanor as provided by O.C.G.A. § 36-13-11 and 36-13-12. Each and every day such violation continues shall deemed a separate offense. No signed, certified, or dated copy of this document has been found. Statutory References: 36-13-1, 36-13-11, 36-13-12. Editor’s Notes: This section may have been superceded, in whole or in part, by § 660.100. Cross References: § 205.200; Title V; § 650.050; § 650.055; § 650.075; § 650.100; § 650.410; § 650.415; § 660.310; § 660.311; § 660.315; § 660.320. Index Headings: Offenses & Penalties; Planning & Zoning.


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Section 660.320: An ordinance to adopt enforcement procedures relating to building inspection activities.

WHEREAS, it is the desire of the Board of Commissioners to enforce, in all respects, the various State Minimum Standard Codes and;

WHEREAS, a local jurisdiction is required to adopt administrative

procedures in order to enforce said codes by the Official Code of Georgia, Annotated § 8-2-26; NOW, THEREFORE, BE IT ORDAINED by the Commission for Twiggs County that the Administrative Procedures attached hereto as Attachment “A” are adopted for the enforcement of the state minimum standards codes for construction in Twiggs County, Georgia. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall become effective on February 1, 1998. Attachment A: Administration & Enforcement

1. Purpose and Scope

1.1. Purpose

The purpose of this Section is to provide for the administration and enforcement of the Georgia State Minimum Standard Codes as allowed heretofore adopted.1 Hereinafter all of the Codes heretofore adopted shall be referred to as the “technical codes,” as may be adopted by the state2 of local jurisdiction.

1.2. Code Remedial

1.2.1. General. These codes are hereby declared to be remedial, and shall be

construed to secure the beneficial interests and purposes thereof – which are public safety, health, and general welfare – through structural strength, stability, sanitation, adequate light and ventilation, and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises, and by


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regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems.

1.2.2. Quality Control. Quality control of materials and workmanship is not within

the purview of this Code except as it relates to the purposes stated herein. 1.2.3. Permitting and inspection. The inspection and permitting of any building,

system or plan, under the requirements of this Code shall not be construed in any court as a warranty of the physical condition of such building, system or plan in their adequacy. Twiggs County, Georgia, nor any employee thereof, shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure or any component of such, which may occur subsequent to such inspection or permitting.

1.3. Scope

1.3.1. Applicability. General. Where, in any specific case, different sections of these

codes specify different materials, methods or construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

Building. The provisions of the Standard Building code, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures. Except in one and two family dwellings.3 Electrical. The provisions of the National Electrical Code, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Gas. The provisions of the Standard Gas Code, as amended, shall apply to the installation of consumer’s gas piping, gas appliances and related accessories as covered by this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories, except in one and two family dwellings.


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Mechanical. The provisions of the Standard Mechanical Code, as amended, shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems. Except in one and two family dwellings.3 Plumbing. The provisions of the Standard Plumbing Code, as amended, shall apply to every plumping installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, and when connected to a water or sewerage system. Fire Prevention. The provisions of the Standard Fire Prevention Code, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, of every building or structure or any appurtenances connected or attached to such buildings or structures. Energy. The provisions of the CABO Model Energy Code, as amended, shall regulate the design of building envelopes for adequate thermal resistance and low thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water heating and illumination systems and equipment that will enable the effective use of energy in new building construction. CABO One and Two Family Dwelling. The provisions of the CABO One and Two Family Dwelling Code, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, of every one or two family dwelling or any appurtenances connected or attached to such buildings or structures. The Unsafe Building Abatement Code. The provisions of this code provide code enforcement personnel with the necessary tools to have dangerous and unsafe buildings repaired or demolished.

1.3.2. Federal and State Authority. The provisions of this Code shall not be held to

deprive any Federal or State agency, or any applicable governing authority having jurisdiction, of any power or authority which it had on the effective date of the adoption of this code or of any remedy then existing for the


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enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.

1.3.3. Appendices. Appendices references in the code text of the technical codes

shall be considered an integral part of the codes. 1.3.4. Referenced Standards. Standards referenced in the text of the technical

codes shall be considered an integral part of the codes. If specified portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.

1.4.1. Restrictions on Employees. An officer or employee connected with the

department, except one whose only connection is a member of the board established by this Code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work, which is inconsistent with his duties or conflict with the interests of the department.

1.4.2. Records. The Building Official shall keep, or cause to be kept, a record of

the business of the department. The records of the department shall be open to public inspection.

1.4.3. Liability. Any officer or employee, or member of the Board of Adjustments

and Appeals, charged with the enforcement of this Code, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may occur to persons or property as a result of any act required or permitted in the charge of his duties. Any suit brought against any officer or act required or permitted in the discharge of his duties.4 Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this Code shall be defended by the Department of Law until the final termination of the proceedings.

1.4.4. Reports. The Building Official shall submit annually a report covering the

work of the building department during the preceding year. He may


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incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year.

1.5. Existing Buildings.

1.5.1. General. Alterations, repairs or rehabilitation work may be made to any

existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical, or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction.

1.5.2. Change of occupancy. If the occupancy classification of any existing

building or structure is charged, the building, electrical, gas, mechanical and plumbing systems shall be made to conform to the intent of the technical codes as required by the Building Official.

1.6. Special Historic Buildings.

The provisions of the technical code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historical Buildings when such buildings or structures are judged by the Building Official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts.

2. Powers and Duties of the Building Official.

2.1. General. The Building Official is hereby authorized and directed to enforce the provisions of the technical codes. The Building Official is further authorized to render interpretations of the technical codes, which are consistent with its intent and purpose.

2.2 Right of Entry. 2.2.1. Whenever necessary to make an inspection to enforce any of the provisions

of this Code, or whenever the Building Official has reasonable cause to


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believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing system unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by these technical codes, provided that if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry.

2.2.2. When the Building Official shall have first obtained a proper inspection

warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code.

2.3. Stop Work Orders.

Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the technical Codes or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doig the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work.

2.4. Revocation of Permits. 2.4.1. Misrepresentation of Application. The Building Official may revoke a permit

or approval, issued under the provisions of this Code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

2.4.2. Violation of Code Provisions. The Building Official may revoke a permit

upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing system for which


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the permit was issued is in violation of, or not in conformity with, the provisions of this Code.

2.5. Unsafe Buildings or Systems.

All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code.

2.6. Requirements Not Covered By Code.

Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the Building Official.

2.7 Alternate Materials and Methods.

The provisions of the technical codes are not intended to prevent the use of any material or methods of construction not specifically prescribed by them, provided any such alternate has been reviewed by the Building Official. The Building Official shall approve any such alternate, provided the Building Official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the technical codes, in quality, strength, effectiveness, fire resistance, durability and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

3. Permits.

3.1. Permit Applications.

3.1.1. When Required. Any owner, authorized aged, or contractor who desires to

construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by technical codes, or to cause any such work to be


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done, shall first make application to the Building Official and obtain the required permit for the work.

Exception: Permits shall not be required for the following mechanical work:

1. Any portable heating appliance; 2. Any portable ventilation equipment; 3. Any portable cooling unit; 4. Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code; 5. Replaces of any part which does not alter its approval or make it unsafe; 6. Any portable evaporative cooler; 7. Any self-contained refrigeration system containing 10 lb. (4.54 kb.) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

3.1.2. Work Authorized. A building, electrical, gas, mechanical or plumbing permit

shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

3.1.3. Minor Repairs. Ordinary minor repairs may be made with the approval of

the Building Official without a permit, provided that such repairs shall not violate any of the provisions of the technical codes.

3.1.4. Information Required. Each application for a permit, with the required fee,

shall be filed with the Building Official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location. The application shall be signed by the owner, or his authorized agent. The building permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the Building Official.


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3.1.5. Time Limitations. An application for a permit for any proposed work shall

be deemed to have been abandoned 6 months after the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the Building Official for the application, provided the extension is requested in writing and justifiable cause is demonstrated.

3.2. Drawings and Specifications.

3.2.1. Requirements. When required by the Building Official, two or more copies

of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term “legal” or its equivalent be used, as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design.

3.2.2. Additional Data. The Building Official may require details, computations,

stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal.

3.2.3. Design Professional. The design professional shall be an architect or

engineer legally registered under the laws of its state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following:

1. All Group A, E, and I occupancies. 2. Buildings and structures three stories or more high. 3. Buildings and structures 5000 sq. ft. (465 m^2) or more in area.


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For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered. Exception: Single family dwellings, regardless of size, shall require neither a registered architect nor engineer, nor a certification that an architect or engineer is not required.

3.2.4. Structural and Fire Resistance Integrity. Plans for all buildings shall indicate

how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistance wall, floor or partition will be made for electrical, gas, mechanical, plumbing, signal and communication conduits, pipes and systems and also indicate insufficient5 detail how the fire integrity will be maintained where required fire resistance floors intersect the exterior walls.

3.2.5. Site Drawings. Drawings shall show the location of the proposed building or

structure and of every existing building or structure on the site or lot. The Building Official may require a boundary line survey prepared by a qualified surveyor.

3.2.6. Hazardous occupancies. The Building Official may require the following: 1. General Site Plan. A general site plan drawn at a legible scale which shall

include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazardous classes and the maximum quantities per hazard class of hazardous materials stored.

2. Building Floor Plan. A building floor plan drawn to a legible scale, which

shall include, but not limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity per hazard class or the hazardous materials stored.

3.3. Examination of Documents.


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3.3.1. Plan Review. The Building Official shall examine or cause to be examined

each application for a permit and the accompanying documents, consisting of drawings, specifications, computations, and additional data, and shall ascertain by such examination whether the construction indicated and described is in accordance with the requirements of the technical codes and all other pertinent laws or ordinances.

3.3.2. Affidavits. The Building Official may accept a sworn affidavit from a

Registered Architect or Engineer stating that the plans submitted conform to the technical codes. For buildings and structures the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and if accompanied by drawings showing the structural design, and by a statement that the plans and design conform to the requirements of the technical codes as to strength, stress, strains, loads and stability. The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official, copies of inspection reports as inspections are performed and upon completion of the structural, electrical, gas, mechanical or plumbing systems a certification that the structural, electrical, gas, mechanical or plumbing systems has been erected in accordance with the requirements of the technical codes. Where the Building Official relies upon such affidavit, the architect or engineer shall assume full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.

3.4. Issuing Permits.

3.4.1. Action on Permits. The Building Official shall act upon an application for a

permit without unreasonable or unnecessary delay. If the Building Official is satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the technical codes and other pertinent laws and ordinances, he shall issue a permit to the applicant.

3.4.2. Refusal to Issue Permit. If the application for a permit and the accompanying

contact6 documents describing the work do not conform to the requirements of the technical codes or other pertinent laws or ordinances, the Building Official shall not issue a permit, but shall return the contract documents to the


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applicant with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reason for refusal.

3.4.3. Special Foundation Permit. When application for a permit to erect or

enlarge a building has been filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special permit for the foundation only. The holder of such a special permit is proceeding at his own risk and without assurance that permit for the remainder of the work will be granted nor that the corrections will not be required in order to meet provisions of the technical codes.

3.4.4. Public Right of Way. A permit shall not be given by the Building Official for

the construction of any building, or for the alteration of any building when said building is to be changed and such change will affect the exterior walls, bays balconies, or other appendages or projections fronting on any street, alley or public lane, or for the building or structure removed from another lot or premises, unless the applicant has made application at the office of the Director of Public Works for the line of the public street on which he proposes to build, erect or locate said building; and it shall be the duty of the Building Official to see that the street lines are not encroached upon except as provided for in Chapter 22 of the Standard Building Code.

3.5. Contractors Responsibilities.

It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical, sprinkler or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing which the applicable governing authority may have adopted. In such cases that the state requires a contractor to have obtained a state license before they are permitted to perform work, the contractor shall supply the local government with their work, the contractor shall supply the local government with their license number before receiving a permit for work to be performed.

3.6 Conditions of the Permit. 3.6.1. Permit Intent. A permit issued shall be construed to be a license to proceed

with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the technical code, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction, or violations of this Code. Every permit issued shall become


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invalid unless the work authorized by such permit is commenced with 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work commenced. One or more extensions of time, for periods not more than 90 days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the Building Official.

3.6.2. Permit Issued on Basis of an Affidavit. Whenever a permit is issued in

reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require that computations shall supervise such work. In addition, they shall be responsible for conformity with the permit, provide copies of the inspection reports as inspections are performed, and upon completion make and file with the Building Official written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employer in his stead a competent person or agency whose qualifications are reviewed by the Building Official.

3.6.3. Plans. When the Building Official issues a permit, he shall enforce, in writing

or by stamp, both sets of plans “Reviewed for Code Compliance.” One set of drawings so reviewed shall be retained by the Building Official and the other set shall be returned to the applicant. The permitted drawings shall be kept at the site of work and shall be open to inspection by the Building Official or his authorized representative.

3.7. Fees.

3.7.1. Prescribed Fees. A permit shall not be issued until the fees prescribed by the

governing body have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas system, etc. has been paid.

3.7.2. Work Commencing Before Permit Issuance. Any person who commences

any work on a building, structure, electrical, gas, mechanical or plumbing, etc. system before obtaining the necessary permits, shall be subject to a penalty of 100% of the usual permit fee in addition to the required permit fees.


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3.7.3. Accounting. The Building Official shall keep a permanent and accurate

accounting of all permit fees and other money collected, the names of all persons upon whose account the same was collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof.

3.7.4. Schedule of Permit Fees. On all buildings, structures, electrical, plumbing,

mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with the fee schedules as set by the governing body. The schedule fees adopted by Resolution and kept on file in the office of the County Clerk.

3.7.5. Building Permit Valuations. If, in the opinion of the Building Official, the

valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor.

3.8. Inspections.

3.8.1. Existing Building Inspections. Before issuing a permit the Building Official

may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes.

3.8.2. Manufacturers and Fabricators. When deemed necessary by the Building

Official he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes.

3.8.3. Inspection Service. The Building Official may make, or cause to be made,

the inspections required by 3.8.6. He may accept reports of inspectors of


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recognized inspection services provided that after investigation he is satisfied s7 to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.

3.8.4. Inspections Prior to Issuance of Certificate of Occupancy or Completion.

The Building Official shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy of Completion.

3.8.5. Posting of Permit. Work requiring a permit shall not commence until the

permit holder or his agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and located in such position as to permit the Building Official or representative conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the Certificate of Occupancy or Completion is issued by the Building Official.

3.8.6. Required Inspections. The Building Official upon notification from the

permit holder or his agent shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical code.

Building 1. Foundation Inspection. To be made after trenches are excavated and forms erected. 2. Frame Inspection. To be made after the roof, all framing, fireblocking and bracing are in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete. 3. Final Inspection: To be made after the building is completed and ready for occupancy. Electrical


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1. Underground Inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-In Inspection: To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Final Inspection: To be made after building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. Plumbing 1. Underground Inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-In Inspection: To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final Inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. 4. Note: See Section 311 of the Standard Plumbing Code for required tests. Mechanical 1. Underground Inspection: To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-In Inspection: To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 3. Final Inspection: To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas


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1. Rough Piping Inspection: To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. 2. Final Piping Inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final Inspection: To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes in order to insure compliance with all the requirements of this Code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Energy 1. Foundation Inspection: To be made before slab concrete is poured in place. To verify that perimeter insulation has been installed correctly on any slab on grade foundations, if required. 2. Frame Inspection: To be made before exterior wall insulation is concealed by wall board to check installation of exterior walls insulation and to inspect that all holes and cracked through the structure envelope have been sealed in an appropriate manner as to restrict air passage. 3. Final Inspection: To be made after the building is completed and ready for occupancy. To verify installation and R-value of ceiling and floor insulation. To verify correct SEER ratings on appliances.

3.8.7. Written release. Work shall not be done on any part of a building, structure,

electrical, gas, mechanical or plumbing system beyond the point indicated in each successive inspection without first obtaining a written release from the Building Official. Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing three inspections.

3.8.8. Reinforcing Steel, Structural Frames, Insulation, Plumbing, Mechanical or

Electrical Systems. Reinforcing steel, structural frames, insulation, plumbing,


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work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the Building official.

3.8.9. Plaster Fire Protection. In all buildings where plaster is used for fire

protection purposes, the permit holder or his agent shall notify the Building Official after all lathing and backing is in place. Plaster shall not be applied until the release from the Building Official has been received.

3.9. Certifications.

3.9.1. Certificate of Occupancy.

3.9.1.1. Building Occopancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the Building Official has issued a Certificate of Occupancy. Said Certificate shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the Building Official. 3.9.1.2. Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbings systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating that nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the technical codes. 3.9.1.3. Temporary/Partial Occupancy. A temporary/partial certificate of occupancy may be issued for a portion of a building, which may safely be occupied prior to final completion of the building. 3.9.1.4. Existing Building Certificate of Occupancy. A Certificate of Occupancy for any existing building may be contained by applying to the Building Official and supplying the information and date necessary to determine compliance with the technical codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two sets of detailed drawings, or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the


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provisions of the technical code and other applicable laws and ordinances for such occupancy, a Certificate of Occupancy shall be issued.

3.9.2. Certificate of Completion. Upon satisfactory completion of a building,

structure, electrical, gas, mechanical, or plumbing system, a Certificate of completion may be issued. This Certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This Certificate does not grant authority to occupy of8 connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy.

3.9.3. Service Utilities.

3.9.3.1. Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the Building Official and a Certificate of Occupancy or Completion is issued. 3.9.3.2. Temporary Connection. The Building Official may authorized the temporary connection of the building or system to the utility source of energy, fuel, or power for the purpose of setting building service systems or for use under a temporary Certificate of Occupancy. 3.9.3.3. Authority to Disconnect Service Utilities. The Building Official shall have the power to authorize disconnection of utility service to the building structure of a system regulated by the technical codes, in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility,9 immediate hazard to life or property. The Building Official shall nifty the serving utility, and whenever possible, the owner and occupancy of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupancy of the building, structure or services system shall be notified in writing, as soon as practical thereafter.

3.10. Posting Floor Loads

3.10.1. Occupancy. An existing or new building shall not be occupied for any

purpose, which will cause the floors thereof to be loaded beyond their safe capacity. The Building Official may permit occupancy of a building for


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mercantile, commercial or industrial purposes, by a specified business, when he is satisfied that such capacity will not thereby be exceeded.

3.10.2. Storage and Factory-Industrial Occupancies. It shall be the responsibility of

the owner, agent, proprietor, or occupancy of Group S and Group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The Computations and affidavit shall be filed as a permanent record of the Building Department.

3.10.3. Signs Required. In every building or part of a building used for storage,

industrial or hazardous purposes, the safe floor loads, as reviewed by the Building Official on the plan, shall be marked on plates or approved design which shall be supplied an10 securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building.

4. Tests.

The Building Official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.

5. Construction Board of Adjustments and Appeals

5.1. Appointment. There is hereby established a Board to be called the Construction Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The Governing Body shall appoint the Board.

5.2. Membership

5.2.1. Membership. The Construction Board of Adjustment and Appeals should consist of the members of the Board of Commissioners of Twiggs County. In addition to the regular members, there should be two alternate members, one member at large from the building industry and one member at large form11


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the public. A board member shall not act in case in which he has a personal or financial interest.

5.2.2. Terms. The terms of office of the Board member shall be the term of office

of each commissioner. 5.2.3. Quorum and Voting. A simple majority of the Board shall constitute a

quorum. In varying any provision of this Code, the affirmative votes of the majority present shall be required. In modifying a decision of the Building Official, not less than two affirmative votes shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote.

5.2.4. Secretary of Board. The Building Official shall act as Secretary of the Board

and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote.

5.3. Powers.

The Construction Board of Adjustments and Appeals shall have the power, as further defined in 5.4, to hear the appeals of decisions and interpretations of the Building Official and consider variances of the technical codes.

5.4. Appeals 5.4.1. Decision of the Building Official. The owner of a building, structure, or

service system, or his duly authorized agent, may appeal a decision of the Building Official to the Construction Board of Adjustments and Appeals whenever any one of the following conditions are claimed to exist:

1. The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system. 2. The provisions of this Code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case.


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4. The true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

5.4.2. Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or this technical codes12 or public interest, and also finds all of the following:

1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure of13 service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare.

5.4.2.1. Condition of Variances. In granting the variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the Board may prescribe appropriate conditions and safeguards inconformity14 with this Code. Violations of the conditions of a variance shall be deemed a violation of this Code.

5.4.3. Notice of Appeal. Notice of appeal shall be in writing and filed within 30

calendar days after the Building Official renders the decision. Appeals shall be in a form acceptable to the Building Official.


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5.4.4. Unsafe or Dangerous Buildings or Service Systems. In the case of a building, structure, or service system, which, in the opinion of the Building Officials, is unsafe, unsanitary or dangerous, the Building Official may, in his order, limit the time for such notice of appeals to a shorter period.

5.5. Rules and Regulations.

The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of these procedures. The Board shall meet on call of the Chairman. The Board shall meet within 30 calendar days after notice of appeal has been received. 5.5.1. Decisions. The Construction Board of Adjustment and Appeals shall, in

every case, reach a decision without unreasonable or unnecessary delay. Each decision of the Board shall also include the reasons for the decision. If a decision of the Board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this Code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the Board shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity.

6. Severability.

If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

7. Violations and Penalties. Any person, firm, corporation or agent who shall violate a provision of the Technical Codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a


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separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. Adopted as Ordinance 97-4, December 16, 1997. Statutory & Other References: 8-2-26. Other, non-statutory references include the CABO Model Energy Code, the CABO One and Two Family Dwelling Code, the National Electric Code, Standard Building Code, the Standard Fire Prevention Code, the Standard Gas Code, the Standard Mechanical Code, the Standard Plumbing Code, and the Unsafe Building Abatement Code. Editor’s Notes: 1. Thus in the original. 2. Thus in the original. “Or” was probably intended. 3. Thus in the original. Probably should read “…, except in one and two family dwellings.” 4. Thus in the original. Probably should read “…of his duties or any suit brought against…” 5. Thus in the original. “…indicate in sufficient detail…” was probably intended. 6. Thus in the original. “Contract” was probably intended. 7. Thus in the original. “As” was probably intended. 8. Thus in the original. “Or” was probably intended. 9. Thus in the original. Probably should read “…shall notify the serving utility of immediate…” 10. Thus in the original. “And” was probably intended. 11. Thus in the original. “From” was probably intended. 12. Thus in the original. 13. Thus in the original. “Or” was probably intended. 14. Thus in the original. Probably should read “…safeguards in conformity with…” Note that this section may have been superceded, in whole or in party, by certain provisions of § 660.100. Cross References: § 205.200; Title V; § 650.050; § 650.055; § 650.075; § 650.100; § 660.310; § 660.311; § 660.315; § 650.330; § 650.410; § 650.415. Index Headings: Offenses & Penalties; Planning & Zoning; Taxation, Revenue & Finance.


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Section 660.330: An ordinance regarding enforcement of the Georgia state minimum standard codes for construction.

WHEREAS, the Georgia State Minimum Standard Codes for Construction promote the life, health, safety and general welfare of all citizens, and;

WHEREAS, said Codes are also designed to protect the property of all

citizens, and; WHEREAS, it is the desire of the Board of Commissioners to enforce, in all

respects, the various Georgia State Minimum Standard Codes for Construction, and; NOW, THEREFORE, BE IT ORDAINED, by the Board of

Commissioners that it is the intent of Twiggs County to enforce the latest edition of the following Georgia State Minimum Codes, as adopted and amended by the Georgia Department of Community Affairs;

Standard Building Code Standard Mechanical Code Standard Gas Code Standard Plumbing Code National Electrical Code Standard Fire Prevention Code CABO One and Two Family Dwelling Code Georgia State Energy Code, (CABO Model Energy Code)

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall take effect on February 1, 1999. Adopted as Ordinance 97-5, December 16, 1997. Statutory & Other References: Non-statutory references include the CABO Model Energy Code, the CABO One and Two Family Dwelling Code, the National Electrical Code, the Standard Building Code, the Standard Fire Prevention Code, the Standard Gas Code, the Standard Mechanical Code, the Standard Plumbing Code.


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Cross References: § 205.200; Title V; § 650.050; § 650.055; § 650.075; § 650.100; § 660.310; § 660.311; § 660.315; § 660.320; § 650.410; § 650.415. Index Headings: Business Regulation; Planning & Zoning; Statutes, State.


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Section 675.110: A resolution relating to the solid waste management system.

WHEREAS, the governing bodies of Twiggs County and the Cities of Danville and Jeffersonville, Georgia desire to enter into an agreement for the operation of a solid waste management system; and

WHEREAS, Twiggs County will maintain and operate a separate collection

system to collect solid waste in the unincorporated area of the County; and WHEREAS, the City of Jeffersonville desires to continue the separate

collection of solid waste in the municipality; and WHEREAS, the City of Danville desires to continue to have private

collection and disposal; and WHEREAS, the intent of this agreement is for the County of Twiggs to

provide a Solid Waste disposal facility which will be jointly used by the county and the City of Jeffersonville; and

WHEREAS, this agreement intends to maintain the continuing development

of sanitary practices as required by state and federal laws and regulations. NOW, THEREFORE, BE IT AGREED, that the undersigned governing

bodies will provide the following facilities, in the stated methods described with the outlined scope of fiscal responsibilities to accommodate a reasonable system of solid waste collection and disposal and that all equipment purchased by any part of state and local matching funds for this program will not be utilized in any activity not directly related to solid waste management.

DISPOSAL SITE It shall be the responsibility of Twiggs County as part of this agreement to

provide the disposal site and equipment used at said disposal site. The County shall lease the land on which the landfill is located. Personnel needed to handle the disposal of waste and operate the landfill will be the responsibility of Twiggs County as well as other operational costs directly related to the operation of the landfill site.

COLLECTION


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Collection equipment necessary to collect waste within the incorporated area of Jeffersonville will be the responsibility of Jeffersonville. The city agrees to furnish its own personnel to handle this equipment and to transport solid waste to the landfill site. Twiggs County will furnish the necessary equipment to collect waste within the unincorporated area of the county. The county agrees to furnish its own personnel to operate the equipment and to transport solid waste to the landfill site.

Collection in Danville will be provided by a private contractor. METHODS It is the intent of this agreement that each party will comply with regulations

compiled by the State Department of Natural Resources. Hours of operation of the disposal site shall be from 8:00 a.m. to 5:00 p.m.

Monday through Friday unless otherwise provided by Twiggs County Commissioners.

FISCAL RESPONSIBILITY The City of Jeffersonville agrees to bear its own cost of collection through its

adopted procedures. It shall be the intent of this agreement that any charges for individual use of

the landfill may be imposed by the county as to assure the proper fiscal operation of the landfill activity.

This agreement is hereby adopted by the City of Danville on June 01, 1975,

by the City of Jeffersonville on June 10, 1975, and by Twiggs County on June 10, 1975. Adopted June 10, 1975. Cross References: § 675.120; § 675.201; § 675.310; § 675.400; § 675.500; § 675.501. Index Headings: Sanitation & Waste Management.


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Section 675.120: A resolution relating to solid waste management.

WHEREAS, it is the intent of this Resolution to protect the public health and safety of all Twiggs County citizens from hazards associated with the improper collection, storage, transportation, and disposal of solid waste; and

WHEREAS, the Board of Commissioners of Twiggs County shall be

responsible for the administration and enforcement of the Resolution and desires to engage in the collection and disposal of refuse, make inspection of refuse storage, containers, collection vehicles, and disposal facilities;

It is hereby resolved that: (a) All collection vehicles, hauling wet or moist waste must be sufficiently

watertight; (b) All open type vehicles must be covered when hauling refuse; (c) The owner or occupant of any premises must be responsible for the sanitary handling of garbage and refuse on the premises occupied by him; (d) It shall be unlawful to dispose of garbage and other refuse in a manner which would create a nuisance; (e) Garbage or other refuse shall be disposed of in a suitable manner on one’s own property, or in accordance with Georgia Laws or in containers provided by the County, or in the county sanitary landfill. (f) It shall be unlawful to throw refuse on or to litter any public or private property; (g) It shall be unlawful to disturb or scatter refuse in and around any refuse containers; (h) Since the county provides a bulk containerized waste collection system, it is further resolved that: 1. Containers will be served and emptied two times each week;


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2. Persons using the container shall deposit all garbage and other acceptable refuse in the container; 3. No person shall set fire to the contents of any container; 4. No person shall deposit any burning or smoldering material in any container; 5. No dead animals shall be deposited in any container; 6. No person shall deposit large non-combustible articles in containers such as stoves, refrigerators, bed springs, tires, large tree limbs, or similar items; 7. No person shall deposit any flammable or explosive materials in any container; 8. No person shall willfully damage or alter the location of any container without the consent of the Board of Commissioners or Twiggs County. Any person found guilty of violating any part of this Resolution shall be subject to any and all penalties provided by Georgia Law. This Resolution has been duly adopted on this date, by the Board of Commissioners of Twiggs County. Adopted June 10, 1975. Cross References: § 675.110; § 675.201; § 675.310; § 675.400; § 675.500; § 675.501. Index Headings: Sanitation & Waste Management.


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Section 675.201: A resolution adopting the Middle Georgia Regional Solid Waste Plan.

WHEREAS, Congress passed the Resource Conservation and Recovery Act of 1976 (RCRA) which increases federal involvement in solid waste management by requiring development and implementation of state and regional solid waste management plans, in order for state and local governments to be eligible for federal solid waste grants; and

WHEREAS, in 1977 the Governor of Georgia designated the APDCs as the regional planning agencies for solid waste planning, with the exception of hazardous waste planning which will be handled as a regulatory function by the state; and

WHEREAS, the Middle Georgia APDC contracted with the Georgia Department of Natural Resources in 1979, to prepare a Regional Solid Waste Management Plan serving to: (1) identify and analyze existing solid waste management facilities and services in the seven counties and thirteen cities of the Middle Georgia area; (2) examine the available means of reducing the amount of solid waste requiring landfill disposal and the feasibility of the available options for recovering the resource value of solid waste generated by communities; and (3) in consultation with local officials, make recommendations for improving local solid waste management facilities and services; and

WHEREAS, it is the responsibility of the Board of Commissioners to protect the public health and safety of all Twiggs County citizens from hazards associated with the storage, collection, transportation, and disposal of solid waste; and WHEREAS, the Board of Commissioners intends to provide solid waste management services to citizens of the county; and

WHEREAS, additional facilities and equipment will be needed to meet the increasing needs of solid waste management in the future; and

WHEREAS, the costs involved in solid waste management are increasing substantially; and

WHEREAS, it is the responsibility of the Board of Commissioners to adopt and implement the Middle Georgia Regional Solid Waste Management Plan in order to remain eligible for state and federal solid waste grants; and


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WHEREAS, the Middle Georgia APDC Board of Directors has adopted the Middle Georgia Regional Solid Waste Management Plan and recommended that member cities and counties also adopt the plan;

NOW, THEREFORE, BE IT RESOLVED that the Twiggs County Board of Commissioners adopts the Middle Georgia Regional Solid Waste Management Plan as prepared by the Middle Georgia Area Planning and Development Commission; and BE IT FURTHER RESOLVED that the Twiggs County Board of Commissioners intends to implement the recommendations as set forth in said plan as they pertain to the unincorporated area of Twiggs County, provided, however, that the Board of Commissioners has sufficient funds to implement said plan. No signed or certified copy of this document has been found. Adopted March 3, 1981. Statutory & Other References: 42 USC 6901 et seq. (Public Law 94-580). Cross References: § 675.110; § 675.120; § 675.310; § 675.400; § 675.500; § 675.501. Index Headings: Sanitation & Waste Management. .


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Section 675.310: A resolution relating to the joint solid waste management plan.

WHEREAS, the Legislature of the State of Georgia, through the Georgia Comprehensive Solid Waste Management Act of 1990, has required that all local governments in the State prepare and adopt solid waste management plans in compliance with prescribed standards; and

WHEREAS, Twiggs County has prepared a joint solid waste management

plan with the Cities of Danville and Jeffersonville, which satisfies the Minimum Planning Standards for Solid Waste Management; and

WHEREAS, Twiggs County has solicited public input in the plan preparation

process according to the methods prescribed in the Minimum Planning Standards for Solid Waste Management; and

WHEREAS, Twiggs County has submitted the Twiggs County/

Danville/Jeffersonville Joint Solid Waste Management Plan to the Middle Georgia Regional Development Center (MGRDC) to review for compliance with the Georgia Comprehensive Solid Waste Management Act of 1990; and

WHEREAS, the MGRDC has determined that the proposed Twiggs

County/Danville/Jeffersonville Joint Solid Waste Management Plan complies with the Minimum Planning Standards of the Georgia Comprehensive Solid Waste Management Act of 1990; and

WHEREAS, the Department of Community Affairs has concurred with the

MGRDC’s determination that the aforementioned plan does, in fact, comply with the Georgia Comprehensive Solid Waste Management Act of 1990;

NOW, THEREFORE, BE IT RESOLVED that the Board of

Commissioners of Twiggs County hereby adopts the Twiggs County/Danville/ Jeffersonville Joint Solid Waste Management Plan as the official solid waste plan of Twiggs County. Adopted November 2, 1993. Statutory References: 12-8-20 et seq. Cross References: § 675.110; § 675.120; § 675.201; § 675.400; § 675.500; § 675.501.


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Index Headings: Sanitation & Waste Management.


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Section 675.316: A joint ordinance of the Twiggs and Wilkinson Counties relating to the joint landfill agreement. WHEREAS, On June 6, 1990, Twiggs County, Georgia and Wilkinson County, Georgia, acting by and through their respective Boards of Commissioners entered into and adopted an agreement for the establishment of a joint landfill, said agreement being known as the “Twiggs-Wilkinson Joint Landfill Agreement”; and WHEREAS, paragraph ONE (1) of said agreement contemplated that the Wilkinson County solid waste landfill, which was in use on the date of the aforesaid agreement, would be closed as a sanitary waste landfill and converted to an inert and/or demolition and construction waste landfill contemporaneously with the opening of the Joint Twiggs-Wilkinson Landfill Facility located in Twiggs County; and WHEREAS, the anticipated opening of the Joint Landfill facility as prescribed in Paragraph Two (2) of said agreement was delayed beyond the contemplation of or intent of either county, and both counties continued to use the Wilkinson County facility as a sanitary landfill rather than an insert and/or demolition and construction landfill facility, up to the opening of the joint facility in Twiggs County on June 20, 1992: and WHEREAS, the Commissioners have determined that it is necessary and appropriate to amend the joint landfill agreement in order to carry out the intention of both counties with respect to the usage of the Wilkinson facility by both counties after the anticipated closing date mentioned in said agreement; and WHEREAS, the Commissioners have determined that it is appropriate to establish the respective rights and liabilities of both counties regarding each county’s liability for buried waste materials on portions of the Wilkinson landfill which is the subject of a mutual conveyance between the counties in accordance with paragraph Two (2) of said joint landfill agreement; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. That the “Twiggs-Wilkinson Joint Landfill Agreement”, dated June 6, 1990, be amended by deleting paragraph One (1) in its entirety and inserting in lieu thereof, a new Paragraph One (1), as follows:


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(A) The Parties hereby establish a joint sanitary landfill, for the disposal of solid waste and garbage, the sanitary landfill being located in Twiggs County, Georgia, on premises described in the attached Exhibit “A”. The parties also establish a joint landfill for the disposal of inert and/or demolition and construction waste; such inert waste landfill being located in Wilkinson County, Georgia, on premises described in the attached Exhibit “B”. The inert waste landfill located in Wilkinson County shall be established and permitted for the disposal of insert waste contemporaneously with the opening for the receipt and disposal of solid waste of the Joint sanitary landfill facility in Twiggs County. Both of said facilities are to be known as the “TWIGGS-WILKINSON JOINT LANDFILL SYSTEM”. (B) In connection with the mutual conveyances between the parties as contemplated above, it is agreed that the liability of Twiggs County for any improper disposal or deposit of solid waste from Twiggs County in the existing Wilkinson landfill facility from May 16, 1989 to June 20, 1992, which later is determined to result in liability for monetary damages, fines or corrective clean up costs shall be paid by Twiggs County in an amount equal to the proportion that the estimated Twiggs waste bears to the total tonnage of waste deposited in the Wilkinson landfill during said period of time. (C) In connection with the mutual conveyances between the counties as contemplated above, it is further agreed that the liability of Twiggs County on and after June 29, 1992, for any improper disposal or deposit of solid waste into the Wilkinson landfill which later is determined to result in liability for monetary damages, fines or corrective clean up costs shall be paid by Twiggs County in proportion to the actual tonnage deposited in the Wilkinson landfill, as determined by the scale weight tickets. (D) Upon the conversion of the existing Wilkinson landfill and commencement of its use as an inert and/or demolition and construction waste facility, and on and after the date said landfill opens for the receipt of such waste, the liability of the parties with respect to the improper disposal of waste into the inert and/or construction and demolition landfill shall be borne equally by both counties. 2. This Resolution, upon its adoption by Wilkinson County together with its approval and adoption by Twiggs County, Georgia, shall be incorporated into and become a part of an amendment to the “Twiggs-Wilkinson Joint Landfill Agreement”.


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Adopted January 19, 1993. Cross References: § 675.110; § 675.120; § 675.201; § 675.310; § 675.400; § 675.500; § 675.501. Index Headings: Sanitation & Waste Management.


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Section 675.317: (Superceded) Adopted January 25, 1994; amended by Ordinance 95-03, adopted May 16, 1995, codified herein as § 675.318. Superceded by adoption of § 675.500 and § 675.501.


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Section 675.318: (Superceded) Adopted as Ordinance 95-03, May 16, 1995; amended by Ordinance 97-02, adopted August 19, 1997 and codified as § 675.319. Superceded by adoption of § 675.500 and § 675.501.


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Section 675.319: (Superceded) Adopted as Ordinance 97-02, August 19, 1997, amending Ordinance 95-03 (codified herein as § 675.318. Superceded by adoption of § 675.500 and § 675.501.


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Section 675.350: (Superceded) Corporate papers signed November 20, 1998; adopted by Twiggs County as Resolution 99-2, January 28, 1999; amended by Resolution 99-3 (codified herein as § 675.351), February 16, 1999; amended by Resolution 99-4 (codified herein as § 675.352), February 22, 1999; recorded by the Secretary of State March 25, 1999. Superceded by adoption of § 675.500 and § 675.501.


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Section 675.351: (Superceded) Adopted as Resolution 99-3, February 16, 1999. Superceded by adoption of § 675.500 and § 675.501.


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Section 675.352: (Superceded) Adopted as Resolution 99-4, February 22, 1999. Superceded by adoption of § 675.500 and § 675.501.


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Section 675.400: A resolution relating to the reduction of solid waste.

WHEREAS, the State of Georgia has mandated that all local governments must reduce their amount of solid waste by 25 percent; and

WHEREAS, this reduction mandate can be achieved through a recycling

program; and WHEREAS, Twiggs-Wilkinson Joint Landfill would like to implement a Joint

County Recycling Program. THEREFORE, BE IT RESOLVED that Twiggs County is willing to join Wilkinson County in developing a Comprehensive Recycling Program. Adopted as Resolution 94-14, September 23, 1994 and “ratified” October 4, 1994. Editor’s Notes: The referenced mandate is found at 12-8-20. Cross References: § 610.010. Index Headings: Sanitation & Waste Management.


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WHEREAS, the Board of Commissioners of Twiggs County, Georgia, desires to amend the solid waste plan to bring the landfill in to a more equitable financial endeavor; WHEREAS, the Board of Commissioners has determined that it is reasonable to sell the landfill to a responsive bidder under the Request For Proposal (RFP) process;

WHEREAS, the Department of Community Affairs has approval authority of any changes to the solid waste plan; WHEREAS, the governing authority agrees to modify the solid waste plan to include a transfer of ownership to a private company, to allow for expansion of the landfill, and to allow for waste to be imported to the regional landfill from the surrounding area that meets all the requirements established by the RFP; WHEREAS, a joint public hearing was held on June 28, 2005 to solicit public input on the proposed major amendment; NOW THEREFORE, BE IT RESOLVED THAT: The Board of Commissioners hereby adopts this resolution transmitting this major amendment to the Middle Georgia Regional Development Center for review. Adopted July 5, 2005. Cross References: § 675.110; § 675.120; § 675.201; § 675.310; § 675.316; § 675.400; § 675.501. Index Headings: Conservation & Environmental Protection; Planning & Zoning; Sanitation & Waste Management.


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WHEREAS, the Board of Commissioners of Twiggs County, Georgia, desires to amend the solid waste plan in order to bring the landfill into a more equitable financial endeavor; and WHEREAS, the Twiggs County Board of Commissioners has determined that it is reasonable to sell the landfill to a responsive bidder under the Request For Proposal (RFP) process; and WHEREAS, the governing authority agrees to modify the solid waste plan to include a transfer ownership to a private company to allow for the expansion of the landfill and to allow for waste to be imported to the regional landfill from the surrounding area that meets all the requirements established by the RFP; and

WHEREAS, a joint public hearing was held on June 28, 2005 to solicit public input on the proposed major amendment; and

WHEREAS, this major amendment to the solid waste plan has been reviewed by the Middle Georgia Regional Development Center and approved by the Georgia Department of Community Affairs. NOW THEREFORE, BE IT RESOLVED THAT: The Twiggs County Board of Commissioners meeting in regular session hereby adopts the major amendment to the Joint Solid Waste Management Plan for Twiggs County, the City of Jeffersonville, and the City of Danville. Adopted November 15, 2005. Cross References: § 675.110; § 675.120; § 675.201; § 675.310; § 675.316; § 675.400; § 675.500. Index Headings: Conservation & Environmental Protection; Planning & Zoning; Sanitation & Waste Management.


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Section 680.100: An ordinance relating to the maintenance of public order in Spring Valley Park.


1. The Board of Commissioners of Twiggs County, Georgia, finds that the utilization of Spring Valley Park by members of the general public after dark and before 8:00 A.M. frequently results in noisome, boisterous, and other conduct to the detriment of the peace, good order and general welfare of the community.

2. The following regulations are adopted with respect to Spring-Valley Park which is defined as that public park located on Salomon Drive the boundaries of which are shown upon a plat in the office of the Twiggs County Commission:

(A) The use of Spring Valley Park prior to 8:00 A.M. and after sundown in each day is hereby prohibited. Presence within the park area constitutes use.

(B) Parking within the park area itself at any time is prohibited.

(C) Alcoholic beverages shall not be introduced in or consumed within the park area at any time.

(D) Persons under the influence of alcoholic beverages, regardless of where obtained are prohibited from using Spring Valley Park at any hour.

3. The violation of this ordinance or any provision thereof shall be deemed an offense and shall be punishable in the Magistrate’s Court of Twiggs County, Georgia, as provided in § 15-10-60, et seq., Official Code of Georgia Annotated provided that in the event a fine is imposed, the minimum fine shall be Fifty and no/100 ($50.00) Dollars. Each day’s violation hereof shall constitute a separate offense.

4. As provided by law, any person alleged to have violated any of the provisions of this ordinance may be cited. The Sheriff of Twiggs County is hereby designated as the County official to issue such citations provided, however, that he may delegate to any deputy the authority to issue citations.



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6. All ordinances or parts thereof in conflict herewith are hereby repealed. Adopted as Ordinance 93-4, September 7, 1993. Statutory References: § 15-10-60, et seq. Index Headings: Offenses & Penalties; Parks & Recreation; Property, County; Taxation, Revenue & Finance.


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Section 690.100: A ordinance relating to local coordination between Twiggs County and the U.S. Army Corps of Engineers, Savannah District Regulatory Branch.

1. Purpose: To establish coordination procedures between Twiggs County and the US Army Corps of Engineers (USACE), Savannah District, to ensure efficient processing of jurisdictional requests, Department of the Army (DA) permit applications, and compliance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.

2. General 2.01. Point of Contact: Mary Moffat, Southern Section, Regulatory Branch,

is the Project Manager assigned to coordinate jurisdictional verifications and DA permit actions in Twiggs County. Ms. Moffat can be contacted at (912) 652-5349 or 1-800-448-2402, ext. 5349 or at [email protected], with questions regarding these procedures and related information.

3. Jurisdictional Determinations: At least nine months in advance of the

proposed start of any project that might impact wetlands, Twiggs County will submit a cover letter describing the proposed work with a project site location map to the USACE. Depending upon the site conditions, the USACE may recommend that the County enlist the aid of an environmental consulting firm to delineate wetlands and waters of the United States (waters). All such site reports shall be submitted to the USACE for jurisdictional verification.

3.01. Once the jurisdictional determiniation has been verified by the

USACE, all jurisdictional areas shall be surveyed and superimposed on the final plat for the property. In order to vaoid violation of the Interstate Land Sales Full Disclosure Act and/or Section 404 of the Clean Water Act, Twiggs County will place a statement on the plat to the effect that “WETLANDS SHOWN ON THIS PLAN ARE UNDER THE JURISDICTION OF THE US ARMY CORPS OF ENGINEERS. LOT OWNERS MAY BESUBJECT TO PENALTY BY LAW FOR DISTURBANCE TO THESE WETLAND AREAS WITHOUT PROPER AUTHORIZATION.”

4. Permitting. After verification of the jurisdictional determination, and at

least six months in advance of the proposed start of any work in jurisdictional wetlands and/or waters, Twiggs County shall initiate the pre-application process. A project need and purpose statement and project alternatives shall be presented at that time, as well as additional requested information. At this time it will be


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determined whether the project can be authorized by Nationwide Permit (NWP), Regional Permit (RP) or Individual Permit (IP). Also, at this time, a time-line for project permit processing and required information (forms, etc.) will be established.

4.01. Interagency Meeting. For activities requiring an IP, an interagencypre-

application meeting will be held according to the USACE, Savannah District, schedule for pre-application meetings as designated by the current Public Notice. As necessary, an interagencysite visit will be held to examine the project site and any mitigation site. Agencyrepresentatives may request additional information at this time.

4.02. Application Submittal. The permit aplpication/pre-construction

notification will be submitted at least four months prior to the proposed start of any site work, for Ips, and at least two months priot the start of work for NWPs and RPs. No work in jurisdictional areas shall be initiated prior to issuance of the permit/authorization letter.

5. Other Procedures 5.01. New Guidance: These procedures are subject to change subsequent to

the receipt of any additional national guidance or changes in Federal/State laws on this issue. Adopted February 24, 2004. Statutory References: Section 404 of the Clean Water Act is codified at 33 USC 1344; the Interstate Land Sales Full Disclosure Act, Public Law 90-448, is codified at 15 U.S.C. 1701 et seq. It is unclear which of the numerous Rivers and Harbors Acts is referenced herein. Cross References: Title VI. Index Headings: Conservation & Environmental Protection; Planning & Zoning.


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Section 690.400: An ordinance relating to standards for outdoor landscape watering. WHEREAS, Twiggs County (hereinafter “County”) recognizes an imminent need to create a culture of water conservation and to plan for water supply enhancement during future extreme drought conditions and other water emergencies; WHEREAS, reasonable restrictions on the outdoor watering of landscape are necessary to address this in furtherance of addressing this need; WHEREAS, the General Assembly of the State of Georgia has required all counties in Georgia to adopt an ordinance to be in effect no later than January 1, 2011 to allow outdoor watering of landscape to between the hours of 4:00 p.m. and 10:00 a.m. (with certain exceptions); and WHEREAS, pursuant to O.C.G.A. § 12-5-7, the Board of Commissioners have prepared an ordinance to address outdoor watering of landscape. NOW, THEREFORE, IT IS ORDAINED that the following is adopted as an Ordinance to read as follows:

I. Restriction on Outdoor Water of Landscape. Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants in the unincorporated area may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water uses:

(A) Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3;

(B) Capture and reuse of cooling system condensate or storm water in compliance with applicable Twiggs ordinances and state guidelines;


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(C) Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations;

(D) Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water;

(E) Watering personal food gardens;

(F) Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days immediately following the date of installation;

(G) Drip irrigation or irrigation using soaker hoses;

(H) Hand watering with a hose with automatic cutoff or handheld container;

(I) Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property;

(J) Watering horticultural crops held for sale, resale, or installation;

(K) Watering athletic fields, golf courses, or public turf grass recreational areas;

(L) Installation, maintenance, or calibration of irrigation systems; or

(M) Hydroseeding.

II. Enforcement.

(a) No person shall use or allow the use of water in violation of the restrictions on outdoor water use contained in ordinance.

(b) The Planning and Zoning Code Enforcement Officer shall be the enforcement authority for this ordinance. The county manager may also authorize other departments as may be deemed necessary to support enforcement.

(c) Criminal and alternative penalties. Any violation of this section may also be enforced by a citation or accusation returnable to the magistrate court or by any other legal means as set forth in this Code.


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III. Repealer. All ordinances or parts of ordinances in conflict with this ordinance are repealed.

IV. Severability. The sections, paragraphs, sentences, clauses and phrases

of this ordinance are severable. Should any section, paragraph, sentence, clause or phrase of this ordinance be rendered invalid by any court of law, the remaining sections, paragraphs, sentences, clauses or phrases shall not be affected but shall continue in effect until amended or repealed by action of the governing authority of Twiggs County.

V. Effective Date. This ordinance shall go into effect on January 1, 2011.

Adopted December 7, 2010. Statutory References: 1-3-3; 12-5-7; 31-3-5.2. Cross References: Title IV; Title V; Chapter 610. Index Headings: Conservation & Environmental Protection.


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Section 690.510: An ordinance relating to soil erosion and sedimentation control.

NOW, THERFORE, BE IT ENACTED by the Board of Commissioners of Twiggs County and the mayor and City Council of Jeffersonville, Georgia.

I. Title. This ordinance will be known as the “Joint Ordinance to Control

Soil Erosion and Sediment for Twiggs County and the city of Jeffersonville, Georgia”.

II. Definitions. The following definitions shall apply in the meaning and

enforcement of this ordinance unless otherwise specifically stated: 1. Cut: A portion of land surface or area from which earth has been

removed or will be removed by digging or the depth below original ground surface to excavated surface. Also known as excavation.

2. Erosion and Sedimentation Control Plan: A plan for the control of soil

erosion and sediment resulting from a land-disturbing activity. Also known as the plan.

3. Existing Grade: The vertical location of the existing ground surface prior

to cutting or filling. 4. Filling: The placement of any soil or other solid material, either organic or

inorganic, on a natural ground surface or an excavation. 5. Finished Grade: The final grade or elevation of the ground surface

forming the proposed design. 6. Grading: Altering surfaces to specified elevations, dimensions, and/or

slopes; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filling condition.

7. Land-Disturbing Activity: Any land change which may result in soil

erosion from water or wind and the movement of sediments into State water or onto lands within the State, including but not limited to clearing, dredging, grading, excavating, transporting, and filling of land.

8. Natural Ground Surface: The ground surface in its original state before

any grading, excavation or filling.


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9. Permit: The authorization necessary to begin a land-disturbing activity

under the provisions of this Ordinance. 10. Person: Any individual, partnership, firm, association, joint venture,

public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivisions of this State, any interstate body, or any other legal entity.

11. Sediment: Solid material, both mineral and organic, that is in suspension,

is being transported, or has been moved from its original site by some action of air, water, ice or gravity; as a product of erosion.

12. Slope: Degree of deviation of a surface from the horizontal, usually

expressed in percent or degree. 13. Stabilization: The process of establishing an enduring soil cover of

vegetation and/or mulch or other ground cover and/or in combination with installing temporary or permanent structures for the purpose of reducing to a minimum the transport of sediment by the action of wind, water, ice or gravity.

14. Structural Practices: Soil and water conservation measures, other than

vegetation, utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Including but not limited to riprap (a collection of stones), sediment basins, dikes, level spreaders, waterways or outlets diversions, grade stabilization structures, sediment traps, land grading, etc.

15. Vegetative Practices: Measures for the stabilization of erosive or sediment

producing areas by covering the soil with: a. Permanent seeding, sprigging, or planting producing long-term vegetative

cover, or b. Short-term seeding, producing temporary vegetative cover, or c. Sodding, covering areas with a turf or perennial sod-forming grass. 16. Watercourse: Any natural or artificial watercourse, stream, river, creek,

channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in


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which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

17. County Health Department: The Twiggs County Health Department. 18. District: The Central Georgia Soil and Water Conservation District. 19. Permitting Commission: Two (2) representatives from the Board of

Commissioners and one (1) representative from the Mayor and City Council of Jeffersonville shall constitute the Permitting Commission.

20. Insuring Authority: The Twiggs County Board of Commissioners and

the Mayor and City Council of the City of Jeffersonville. III. Scope and Exclusions. This ordinance shall apply to any land disturbing

activity undertaken by any person on any lands other than federal lands, except for the following.

A. Minor land-disturbing activities such as home gardens and individual

home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion;

B. The construction of single-family residences when they are constructed by

or under contract with the owner for his own occupancy. C. Any project involving land changes of five acres or less, provided this land

change does not occur within two hundred feet of the banks of any major stream, creek, or river which drains a land area of at least 100 Sq. Miles.

D. Any project involving the movement of not more than 500 cubic yards of

land, provided this land change does not occur within 200 feet of the banks of any major stream, creek, or river, which drains a land area of at least 100 Sq. Miles.

E. Agricultural practices involving the establishment, cultivation or harvesting

or products of the field or orchard, forestry land management practices, and preparing and planting of pasture land with such practices including harvesting, farm ponds, dairy operations, livestock and poultry management practices, and the construction of farm buildings;


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F. “Surface mining,” as defined in sub-section (a) of Section 3 of the “Georgia Surface mining Act of 1968” (Ga. Laws 1968, p. 9) as now or hereafter amended;1

G. Granite quarrying and land clearing for such quarrying; H. Construction or maintenance projects, or both, undertaken or financed in

whole or in part, or both by; 1. The Georgia Tollway Authority, 2. The Georgia Department of Transportation, 3. The Georgia Highway Authority, 4. Twiggs County, the City of Jeffersonville, or any city or county of the State; I. Any project carried out under the technical supervision of the Soil

Conservation Service of the United States Department of Agriculture; J. Activities conducted by any airport authority or by any public utility under

the regulatory jurisdiction of the Public Service Commission; K. Any activity for which bids have been let or a construction contract signed

prior to the date of adoption of this ordinance, provided that said activity is completed within twelve (12) months after the effective date of this ordinance.

IV. Application procedure. A. General. The Twiggs County Board of Commissioners and the Mayor

and City Council of Jeffersonville strongly urge all landowners, developers, planners, and engineers to review and become acquainted with the overall development plan and specific detailed plans for land use in Twiggs County and the city of Jeffersonville.

B. Compliance. 1. No person shall perform any land-disturbing activity (see exceptions)

within the legal boundaries of Twiggs County or the City of Jeffersonville without first obtaining a permit issued through the Permitting Commission to perform such activity.


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2. Applications for permits shall be submitted to the Permitting Commission.

Applications for permits will not be accepted unless accompanied by 5 copies of the applicant’s soil erosion and sediment control plan. Said plans shall include, as a minimum, the data specified in subsection (a) and (b) of Section V of this Ordinance. Soil erosion and sediment control plans shall conform to the provisions of Section V of this ordinance.

3. A fee in the amount of $25.00 shall be charged for each application. 4. Immediately upon receipt of an application for a land-disturbing permit,

the Permitting Commission shall refer the application and plan to the Central Georgia Soil and Water Conservation District for its review and recommendations. The results of the District review shall be forwarded to the Permitting Commission.

C. Permits. 1. A permit will be issued after the District has determined that the plans for

erosion and sedimentation control comply with the requirements of Section V of this Ordinance and after the Permitting Commission has determined that the plans comply with all ordinances, rules and regulations in effect within Twiggs County and the city of Jeffersonville.

2. Permits will be issued or denied as soon as practical after receipt of

application by the Permitting Commission, but in any event not later than 45 days after the receipt of a completed application. If the permit is denied, the reason for denial shall be furnished to the applicant.

3. If the tract is to be developed in phases, then a separate permit shall be

required for each phase. 4. This permit may be suspended, revoked or modified by the Permitting

Commission upon finding that the holder is not in compliance with this Ordinance. V. Principles and Standards. A. Implementation. Application of Control measures shall apply to all

features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sediment pollution during all stages of any land-


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disturbing activity. All soil erosion and sediment control measures shall conform to the standards and specifications of this Ordinance.

1. Data Required. The applicant’s erosion and sedimentation control plan

shall include the following information for the entire tract of land to be disturbed: a. A narrative description of the overall project that shall include: (1) Estimated starting and completion dates of each stage of land-disturbing

activities and the estimated date when the final stabilization activity will be completed;

(2) Description of the sediment control practices; (3) Description of topographic and soil conditions of the tract. b. Maps and drawings bearing the signature of the Engineer, Architect,

surveyor (and in some instances this may be waived if approved by Permitting Board) of the property and containing:

(1) A topographic map containing contours at an interval and scale that will

deptict2 the existing and finished grades, existing and proposed watercourses, and the proposed features of the development;

(2) A plan for temporary and permanent vegetative and structural erosion and sediment control measures;

(3) Specifications of acceptable soil erosion and sedimentation control

measures; (4) Computations, timing and inspection schedules and other data required

for proper review of applicant’s plan. c. If the land-disturbing activity is a residential subdivision, this data can be

incorporated into the preliminary and final plat drawings. 2. General Design Principles. Practical combinations of the following

principles shall be utilized in planning those measures that shall be installed for any land-disturbing activity:


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a. All land-disturbing activity shall conform to existing topography and soil type so as to create the lowest practical erosion potential.

b. Land-disturbing activities shall be conducted in a manner minimizing

erosion. c. The disturbed area and the duration of exposure to erosive elements. d. Cut-fill operations must be kept to a minimum. e. Disturbed soil shall be stabilized as quickly as practicable. f. Whenever feasible, natural vegetation shall be retained, protected and

supplemented. g. Temporary vegetation or mulching shall be employed to protect exposed

critical areas during development. h. Permanent vegetation and structural erosion control measures shall be

installed as soon as practicable. i. Adequate provisions must be provided to minimize damage from surface

water to the cut face of excavations or the sloping surface of fills. j. To the extent necessary, sediment in runoff water must be trapped by the

use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.

k. Cuts and fills may not endanger adjoining property. l. Fills may not encroach upon natural watercourses or constructed channels

in a manner so as to adversely affect other property owners. m. Grading equipment must cross flowing streams by means of bridges or

culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum.

3. Standards and Specifications. Plans for land-disturbing activities shall

contain soil erosion and sedimentation control plans and specifications which conform to the publication entitled Manual for Erosion and Sediment Control in


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Georgia, which is on file in the Clerk’s Office in both the Twiggs County Courthouse and the City Hall of Jeffersonville. This document is hereby incorporated into this Ordinance and is a part of this Ordinance.

4. Maintenance. a. Maintenance of all soil erosion and sedimentation control practices,

whether temporary or permanent, shall be at all times the responsibility of the owner. If the county shall undertake any corrective measures at a latter time (except streets), it shall be the responsibility of the owner.

b. Sediment basis shall be considered hazardous to life or property and shall

be fenced and posted in accordance with the Standards and Specifications incorporated by reference in this Ordinance.

VI. Administrative Appeal, Judicial Review. A. Administrative Remedies. The suspension, revocation, modification or

grant with condition of a permit by the Permitting Commission upon a finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance, resolution, rule or regulation adopeted3 or promulgated pursuant to this ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before a Board of Zoning Appeals within 14 days after receipt of the written notice of intent to appeal by Twiggs County Board of Commissioners or the Mayor and City Council of Jeffersonville within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance.

The Permitting Commission shall have the power to conduct such

investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of land-disturbing activities.

No person shall refuse entry or access to any authorized representative or

agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.


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4depending upon the location of the construction activity. B. Judicial Review. Any person aggrieved by a decision or order of the

Permitting Commission after exhausting his administrative remedies, shall have the right to appeal to the Superior Court of Twiggs County.

VII. Inspection and Enforcement. Any agent officially designated by the Permitting Commission will periodically

inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Payment for this inspection will be assumed by the property owner.

If, through inspection, it is determined that a person engaged in land-

disturbing activities, as defined herein, has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time5

VIII. Penalties and Incentives. A. Any person which is found to be in violation of this ordinance shall be

subject to injunction abatement or any other remedy provided by law to prohibit further land disturbing activity which is covered by this Act by application by any interested persons before the Superior Court of Twiggs County, Georgia.

B. Any violator shall be subject to suspension of any permit held by said

person under the provisions of Section IV (c) (4) of this Ordinance. C. Further, any person found to be in non compliance with this ordinance

shall be subject to a fine of not more than $50.00 per day for each additional day that said person is in non compliance.

D. The Probate Court of Twiggs County, Georgia shall have jurisdiction of all

violations which arise under Section VIII (C) of this ordinance. IX. Effectivity, Validity and Liability.


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A. Effectivity. This Ordinance shall become effective on the 6th day of December, 1977. If only one part signs this Ordinance, is shall be low only with that jurisdiction.

B. Validity. If any section, subsection, paragraph, clause, phrase or provision

of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Ordinance.

C. Liability. Neither the approval of a plan under the provisions of this

Ordinance, nor the compliance with the provisions of this Ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Twiggs County or the City of Jeffersonville for damage to any person or property.

X. Amending the Ordinance. At any time either Twiggs County or the city of

Jeffersonville may amend this Ordinance. However, the changes shall apply within the political jurisdiction initiating the change.

Adopted June 1, 1977. Statutory References: See editor’s note 1. Editor’s Notes: Portions of this document appear to be missing. See notes 4 and 5. This ordinance was probably superceded, in whole or in part, by § 690.515 and § 690.520. 1. Codified at 12-4-70. 2. Thus in the original. 3. Thus in the original. 4. A page appears to be missing at this point in the best available copy of this document. 5. A page appears to be missing at this point in the best available copy of this document. Cross References: § 690.515; § 690.520. Index Headings: Conservation & Environmental Protection; Offenses & Penalties; Planning & Zoning; Taxation, Revenue & Finance.


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NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners, the governing authority of Twiggs County, a political subdivision of the State of Georgia;

I. Title. This Ordinance will be known as the “Twiggs County Soil Erosion and Sedimentation Control Ordinance.”

II. Definitions. The following definitions shall apply in the interpretation and

enforcement of this ordinance, unless otherwise specifically stated: 1. Cut: A portion of land surface or area from which earth has been

removed or will be removed by digging or the depth below original ground surface to excavation surface. Also known as excavation.

2. Erosion and Sedimentation Control Plan: A plan for the control of soil

erosion and sediment resulting from a land-disturbing activity. Also known as the plan.

3. Existing Grade: The vertical location of the existing ground surface prior

to cutting or filling. 4. Filling: The placement of any soil or other solid material, either organic or

inorganic, on a natural ground surface or an excavation. 5. Finished Grade: The final grade or elevation of the ground surface

forming the proposed design. 6. Grading: Altering surfaces to specified elevations, dimensions, and/or

slopes; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filling condition.

7. Land-Disturbing Activity: Any land change which may result in soil

erosion from water or wind and the movement of sediments into State water or onto lands within the State, including but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, other than Federal and State lands, except that the term shall not include those activities exempted by Section III.


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8. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling.

9. Permit: The authorization necessary to begin a land-disturbing activity

under the provisions of this Ordinance. 10. Person: Any individual, partnership, firm, association, joint venture,

public or private corporation, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivisions of this State, any interstate body, or any other legal entity.

11. Sediment: Solid material, both mineral and organic, that is in suspension,

is being transported, or has been moved from its original site by action of air, water, ice or gravity; a product of erosion.

12. Slope: Degree of deviation of a surface from the horizontal, usually

expressed in percent or degree. 13. Stabilization: The process of establishing an enduring soil cover of

vegetation and/or mulch or other ground cover and/or in combination with installing temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

14. Structural Practices: Soil and water conservation measures, other than

vegetation, utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Including but not limited to riprap (a collection of stones), sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc.

15. Vegetative Practices: Measures for the stabilization of erosive or sediment

producing areas by covering the soil with: a. Permanent seeding, sprigging, or planting producing long-term vegetative

cover, or b. Short-term seeding, producing temporary vegetative cover, or c. Sodding, covering areas with a turf or perennial sod-forming grass.


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16. Watercourse: Any natural or artificial watercourse, stream, river, creek,

channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

17. County Health Department: The Twiggs County Health Department. 18. State Waters: Any and all rivers, streams, creeks, branches, lakes,

reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural and artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

19. District: The Central Georgia Soil and Water Conservation District. 20. Permitting Commission: The Twiggs County Board of Commissioners. 21. Issuing Authority: The Twiggs County Board of Commissioners. III. Scope and Exclusions. The ordinance shall apply to any land disturbing

activity undertaken by any person on any lands other than federal lands, except for the following:

A. “Surface mining”, as same is defined in subsection (a) of Section 3 of the

“Georgia Surface Mining Act of 1968” (Ga. Laws 1968, p. 9) as now or hereafter amended;1

B. Granite quarrying and land clearing for such quarrying; C. Such minor land-disturbing activities as home gardens and individual

home landscaping, repairs, maintenance work and other related activities which result in minor soil erosion;

D. The construction of single-family residences when they are constructed by

or under contract with the owners for his occupancy; E. Agricultural practices involving the establishment, cultivation and

harvesting of products of the field or orchard, preparing and planting of pasture


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land, forestry land management practices, including harvesting, farm ponds, dairy operations, livestock and poultry management practices, and the construction of farm buildings;

F. Any project carried out under the technical supervision of the Soil

Conservation Service of the United States Department of Agriculture; G. Any project involving five cares of land or less; provided, however, that

this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters; for purposes of this paragraph, “state waters” excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves five acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located;

H. Construction or maintenance projects, or both, undertaken or financed in

whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authoritiy established by the General Assembly of this state; provided, however, that such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects.”2

I. Any land-disturbing activities conducted by any airport authority, but any

such land-disturbing activity shall conform as may be feasible and practicable to the minimum standards set forth in Section V of this ordinance.

J. Any land-disturbing activities conducted by any electrical membership

corporation, municipal electrical system of any public utility under the regulatory jurisdiction of the Public Service Commission, but any such land-disturbing activity shall conform as may be feasible and practicable to the minimum standards set forth in Section V of this ordinance.

IV. Application Procedure.


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A. General. The landowner, developer and designated planners and engineers are encouraged to review the general development plan and detailed plans or land use plans of Twiggs County that affect the tract to be developed and the area surrounding it. They are also encouraged to become acquainted with the zoning ordinance, subdivision ordinance, this ordinance and any other ordinances which regulate the development of land within the boundaries of Twiggs County.

B. Compliance. 1. No person shall perform any land-disturbing activity (see exceptions)

within the legal boundaries of Twiggs County, Georgia without first obtaining a permit issued through the Issuing Authority to perform such activity.

2. Applications for permits shall be submitted to the Issuing Authority.

Applications for permits will not be accepted unless accompanied by 5 copies of the applicant’s soil erosion and sediment control plan. Said plans shall include, as a minimum, the data specified in subsection D of Section IV of this ordinance. Soil erosion and sediment control plans shall conform to the provisions of Section V of this ordinance.

3. A fee in the amount of Two Hundred Dollars shall be charged for each

application. 4. Immediately upon receipt of an application for a land-disturbing permit,

the Issuing Authority shall refer the application and plan to the Central Georgia Soil and Water Conservation District for its review and approval or disapproval concerning the adequacy of the erosion and sediment control plan and recommendations. The result of the District review shall be forwarded to the Issuing Authority. No permit will be issued unless the plan has been approved by the District. Such District review will not be required if the Issuing Authority and the District have entered into an agreement which allows the Issuing Authority to conduct review and approval of the plan without referring the application and plan to the District.

C. Permits. 1. A permit will be issued after the District has determined that the plans for

erosion and sedimentation control comply with the requirements of Section V of this Ordinance and after the Issuing Authority has determined that the plans comply


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with this ordinance and all other ordinances, rules and regulations in effect within Twiggs County.

2. Permits will be issued or denied as soon as practical after the application is

filed with the Issuing Authority, but in any event not later than 45 days after the receipt of a completed application. If the permit is denied, the reason for denial shall be furnished the applicant.

3. If the tract is to be developed in stages, then a separate permit shall be

required for each phase. 4. A permit may be suspended, revoked or modified by the Issuing Authority

upon finding that the holder is not in compliance with the approved erosion and sediment control plan, with the permit conditions, or with this Ordinance.

D. Data Required. The applicant’s erosion and sedimentation control plan

shall include, as a minimum, the following information for the entire tract of land to be disturbed, whether or not the tract will be developed in stages:

1. A narrative description of the overall project. This narrative shall include: a. Anticipated starting and completion dates of each sequence and stage of

land-disturbing activities and the expected date the final stabilization will be completed;

b. A description of the sediment control program and sediment control

practices; c. An adequate description of general topographic and soils conditions of the

tract as available from the office of the Central of Georgia Soil and Water Conservation District;

d. A description of any zoning classification of adjacent property, if

applicable, and a description of existing structures, buildings, and other fixed improvement located on surrounding properties and;

e. A description of the maintenance program for sediment control facilities

including inspection programs, vegetative establishment of exposed solid, method and frequency of removal and disposal of solid waster3 material removed from control facilities and disposition of temporary structural measures.


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2. Maps, drawings, and supportive computations bearing the signature/seal of

a professional engineer, registered land surveyor, landscape architect, or other person demonstrating the necessary expertise and containing:

a. A site location drawing of the proposed project, indicating the location of

the proposed project in relation to roadways, jurisdictional boundaries, streams and rivers;

b. A boundary line survey of the site on which the work is to be performed; c. A topographic map containing contours at an interval and scale that will

depict the existing and finished grades, existing and proposed watercourses, and the proposed features of the development;

d. A plan for temporary and permanent vegetative and structural erosion and

sediment control measures; e. Specifications of soil erosion and sedimentation control measures in

accordance with the standards and specifications of this Ordinance and; f. Computations, timing schedules and other supportive data required for

review of applicant’s plan. g. If the land-disturbing activity is a residential subdivision, this data can be

incorporated into the preliminary and final plat drawings. V. Principles and Standards. A. Implementation. Excessive soil erosion and resulting pollution can take

place during the land-disturbing activities. Therefore, plans for those land-disturbing activities which are not excluded by this ordinance shall contain provisions for application of soil erosion and sediment control measures in conformity with the standards and specifications of this Ordinance. These provisions shall be incorporated into the land disturbing activity permit, if granted. Soil erosion and sediment control measures shall conform to the standards and specifications of this ordinance. The application of measures shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sediment pollution during all stages of any land-disturbing activity.


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B. General Design Principles. The permittee shall follow sound conservation

and engineering practices to prevent and minimize erosion and resulting sedimentation consistent with the following principles:

1. All land-disturbing activity shall be conducted in a manner minimizing

erosion. 2. Stripping of vegetation, regrading and other development or land-disturing

activities shall be conducted in a manner so as to minimize erosion. 3. Cut-fill operations must be kept to a minimum. 4. Development plans must conform to topography and soil type so as to

create the lowest practical erosion potential. 5. Whenever feasible, natural vegetation shall be retained, protected and

supplemented. 6. The disturbed area and the duration of exposure to erosive elements shall

be kept to a practicable minimum. 7. Disturbed soil shall be stabilized as quickly as practicable. 8. Temporary vegetation or mulching shall be employed to protect exposed

critical areas during development. 9. Permanent vegetation and structural erosion control measures shall be

installed as soon as practicable. 10. To the extent necessary, sediment in run-off water must be trapped by the

use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.

11. Adequate provisions must be provided to minimize damage from surface

water to the cut face of excavations or the sloping surface of fills. 12. Cuts and fills may not endanger adjoining property.


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13. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners.

14. Grading equipment must cross flowing streams by means of bridges or

culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum.

C. Standards and Specifications. Plans for land-disturbing activities shall

contain soil erosion and sedimentation control plans and specifications which conform to the publication entitled Manual for Erosion and Sediment Control in Georgia, which is on file in the Office of the Twiggs County Board of Commissioners. The publication is hereby incorporated by reference in this Ordinance.

D. Maintenance. 1. Maintenance of all soil erosion and sedimentation control practices,

whether temporary or permanent, shall be at all times the responsibility of the owner. If the County shall undertake any corrective measures at a later time, it shall be the responsibility of the owner.

2. Sediment basins shall be considered hazardous to life or property and shall

be fenced and posted in accordance with the Standards and Specifications incorporated by reference in this Ordinance.

VI. Administrative Appeal, Judicial Review. A. Administrative Remedies. The denial, suspension, revocation,

modification or grant with condition of a permit by the Issuing Authority upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance, resolution, rule or regulation adopted or promulgated pursuant to this Ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Twiggs County Board of Commissioners upon written request to that body within ten days after notification of such action by the Board. The appeal hearing will be provided within thirty days after receipt by said Board of said notice of appeal.

B. Judicial Review. Any person aggrieved by a decision or order of the

Issuing Authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of Twiggs County.


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VII. Inspection and Enforcement. The Twiggs County Board of

Commissioners, or their designated agents, will periodically inspect the sites of land-disturbing activities for the permits which have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation.

If, through inspection, it is determined that a person engaged in land-

disturbing activities, as defined herein, has failed to comply with the approved plan, with permit conditions, or with the provisions of this Ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Ordinance. The Twiggs County Board of Commissioners shall have the power to conduct, or have their agents conduct, such investigations as it may reasonably deem necessary to carry out its duties as prescribed by this Ordinance, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of land-disturbing activities.

No person shall refuse or access4 to any authorized representative or agent

who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

VIII. Penalties and Incentives. A. Failure to Obtain a Permit for Land Disturbing Activity. If any person

commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this Ordinance without first obtaining said permit, the person all be subject to revocation of his business license, work permit or other authorization for the conduct of business and associated work activities within the jurisdictional boundaries of Twiggs County, Georgia.

B. Stop-Work Orders. Upon notice from the Issuing Authority or its agents,

work on any project that is being done contrary to the provisions of this Ordinance or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required.


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C. Suspension, Revocation or Modification of Permit. The permit may be

suspended, revoked or modified by the Issuing Authority upon finding that the holder is in violation of the District approved Erosion and Sediment Plan, terms of the permit or any portion of this Ordinance.

D. Civil Penalties. Any person violating any provision of this Ordinance,

permitting conditions or stop-work order shall be liable for a civil penalty of not less than $100.00 per day or not to exceed $500.00 per day, by a sentence of imprisonment not exceeding 60 days in jail or to work on the street or public works for a period not exceeding 60 days or both fine and jail or work alternative. Each day the violation continues shall constitute a separate offense.

IX. Effectivity, Validity and Liability. A. Effectivity. The ordinance shall become effective on the 15th day of

November, 1988. B. Validity. If any section, subsection, paragraph, clause, phrase, or provision

of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance.

C. Liability. Neither the approval of a plan under the provisions of this

Ordinance, nor the compliance with the provisions of this Ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon Twiggs County, Georgia, or the District for damage to any person or property.

D. Repeal. All ordinances or parts of ordinances in conflict herewith are, to

the extent of such conflict, hereby repealed. Adopted October 18, 1988. Statutory References: See editor’s notes. Editor’s Notes: This ordinance was probably superceded, in whole or in part, by § 690.520. 1. Codified at 12-4-70 et seq. 2. This single quotation mark appears in the original. 3. Thus in the original. 4. Thus in the original. Cross References: § 690.510; § 690.520.


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Index Headings: Conservation & Environmental Protection; Offenses & Penalties; Planning & Zoning; Taxation, Revenue & Finance.


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NOW, THEREFORE, BE IT ORDAINED, BY THE Board of Commissioners:

I. Title. This ordinance will be known as “Twiggs County Soil Erosion and

Sedimentation Control Ordinance.” II. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated: 1. Buffer: An area along the course of any State waters to be maintained in an undisturbed and natural condition. 2. Conservation Commission: The State Soil & Water Conservation Commission. 3. Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation. 4. Department: The Department of Natural Resources. 5. Director: The Director of the Environmental Protection Division. 6. District: The Central1 Georgia Soil and Water Conservation District. 7. Division: The Environmental Protection Division. 8. Drainage Structure: Any roadway drainage structure as defined below, and any piping or ditching for stormwater management purposes. 9. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. 10. Erosion and Sediment Control Plan: A plan for the control of soil erosion and sediment resulting from land-disturbing activity. Also known as the “plan.”


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11. Existing Grade: The vertical location of the existing ground surface prior to cutting or filling. 12. Filling: The placement of any soil or other solid material either organic or inorganic on a natural ground surface or excavation. 13. Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. 14. Grading: Altering ground surfaces to specified elevations, dimensions, and/or slopes; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. 15. Issuing Authority: The governing authority of any county or municipality which has been certified by the Director of the Environmental Protection Division of the Department of Natural Resources as an Issuing Authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended. 16. Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 5. 17. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. 18. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling. 19. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present. 20. One Hundred Year Flood Plain: Land in the flood plain subject to a one hundred percent or greater statistical occurrence probability of flooding in any given year.


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21. Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance. 22. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this State, any interstate body or any other legal entity. 23. Project: The entire proposed development project regardless of the size of the area of land to be disturbed. 24. Roadway Drainage Structure: Bridges, culverts and ditches associated with roadway construction, which allow stream flows to move freely under a stream crossing or to convey storm-water run-off from a roadway to a stream. 25. Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. 26. Sedimentation: The action or process of forming or depositing sediment. 27. Stabilization: The process of establishing an enduring soil cover of vegetation and/or mulch or other ground cover and/or in combination with installing temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. 28. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural and artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. 29. Structural Erosion and Sediment Control Practices: Measures for the stabilization of erosive or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreader waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc.


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30. Trout Streams: All streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. 31. Vegetative Erosion and Sediment Control Practices: Measures for the stabilization of erosive or sediment-producing areas by covering the soil with: (A) Permanent seeding, sprigging or planting, producing long-term vegetative cover; or (B) Temporary seeding, producing short-term vegetative cover; or (C) Sodding, covering areas with a turf of perennial sod-forming grass. 32. Watercourse: Any natural or artificial watercourse, stream, river, creek, channelo, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. III. Exemptions. This ordinance shall apply to any land-disturbing activity undertaken by any person on any land except for the following: 1. Surface mining, as the same is defined in O.C.G.A. § 12-4-72;

2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; 4. (A) The construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy; or (B) The construction of single-family residences not a part of a larger project and not exempted under subparagraph (A) of this paragraph; provided, however, that construction of any such residence not otherwise exempt must conform to the minimum standards as set forth in Section IV and that such standards may be enforced by the Issuing Authority;


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5. Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management practices, including harvesting; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings; 6. Any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture; 7. Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any State waters, and for purposes of this paragraph, “State Waters” excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, than nothing contained herein shall prevent the issuing authority from regulating any such project which is not specifically exempted by sub-paragraph (B) of paragraph (4) or by paragraphs (1), (2), (3), (5), (6), (8), (9), or (10) of this section; 8. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state; provided, however, that: (A) If such projects are constructed within 200 feet of the banks of any channels or drainageways which have water in them only during and immediately after rainfall events, or intermittent streams which do not have water in them year-round, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects; (B) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year-round and in which the drainage areas of


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the watershed upstream from such projects is less than three square miles, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects. (C) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year-round and in which the drainage area of the watershed upstream from such projects is equal to or more than three square miles, then such project shall conform to the minimum standards set forth in Section IV and; (D) If such projects are constructed within 100 feet (horizontal) of the banks of any state waters classified as “trout streams” pursuant to the “Georgia Water Quality Control Act”, regardless of the size of the watershed area, then such projects shall conform to the minimum standards as set forth in Section IV. 9. Any land-disturbing activities conducted by any airport authority, provided that any such land-disturbing activity shall conform to the minimum standards set forth in Section 2 or;

10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-distributing activity shall conform to the minimum requirements set forth in Section IV. IV. Minimum Requirements for Erosion and Sedimentation Control. A. General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities. Therefore, plans for those land-disturbing activities which are not excluded by this ordinance shall contain provisions for application of soil erosion and sediment control measures. The provisions shall be incorporated into the erosion and sedimentation control plans. Soil erosion and sediment control measures shall conform to the requirements of this ordinance. The application of measures shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sediment pollution during all stages of any land-disturbing activity.


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B. Requirements. The permittee shall follow sound conservation and engineering practices to prevent and minimize erosion and resulting sedimentation consistent with the following requirements: 1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion. 2. Cut-fill operations must be kept to a minimum. 3. Development plans must conform to topography and soil type so as to create the lowest practical erosion potential. 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented. 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum. 6. Disturbed soil shall be stabilized as quickly as practicable. 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development. 8. Permanent vegetation and structural erosion control measures shall be installed as soon as practicable. 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills. 11. Cuts and fills may not endanger adjoining property. 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners.


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13. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum. 14. Land-disturbing activity plans for erosion and sedimentation control shall include provisions for control or treatment or any source of sediments and adequate sedimentation control facilities to retain sediments onsite or preclude sedimentation of adjacent streams beyond the levels specified in paragraph3 of this section; 15. Land-disturbing activities shall not be conducted within the 100-year flood plain unless compliance with any applicable local flood plain management ordinance is demonstrated or such construction is in compliance with the Federal Emergency Management Agency regulations or flood storage compensation for flood waters is provided; 16. An undisturbed natural vegetative buffer of 25 feet measured from the stream banks shall normally be retained adjacent to any state waters except where otherwise required by the “Metropolitan River Protection Act”, O.C.G.A. § 12-5-440 et seq., or by the Department pursuant to O.C.G.A. § 12-2-8, or when the economic use and the contour of the land require a different buffer subject to the Division’s approval, or where a drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; 17. Land-disturbing activities shall not be conducted within 100 feet (horizontal) of the banks of any state waters classified as “trout streams” pursuant to the “Georgia Water Quality Control Act”, O.C.G.A. § 12-5-20 et seq., unless a variance for such activity is granted by the Director except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; and 18. Discharges of stormwater runoff from disturbed areas shall be controlled to the extent that turbidity of the stormwater runoff shall not exceed 50 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the stormwater runoff discharge at the time of such discharge except where a roadway drainage structure must be constructed, the turbidity of the receiving stream downstream of the construction site shall not exceed 60 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the construction site. Downstream turbidity


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measurements shall be taken at points where the entering discharge is4 mixed with the receiving stream flow. V. Application/Permit Process. A. General. The landowner, developer and designated planners and engineers shall review the general development plans and detailed plans of the issuing authority that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, subdivision ordinance, this ordinance, and other ordinances which regulate the development of land within jurisdictional boundaries of the Issuing Authority. B. Application Requirements. 1. No person shall conduct any land-disturbing activity5 the jurisdictional boundaries of the Issuing Authority without first obtaining a permit from the Issuing Authority to perform such activity. 2. The application for a permit shall be submitted to the Issuing Authority and must include the applicant’s erosion and sedimentation control plan with supporting data, as necessary. Said plan shall include, as a minimum, the data specified in Section V, C of this ordinance. Soil erosion and sedimentation control plans shall conform to the provisions of Section IV of this ordinance. Applications for a permit will not be accepted unless accompanied by five copies of the applicant’s soil erosion and sedimentation control plans. 3. A fee, in the amount of $300.00, shall be charged for each application. 4. Immediately upon receipt of an application and plan for a permit, the Issuing Authority shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. The results of the District review shall be forwarded to the Issuing Authority. No permit will be issued unless the plan has been approved by the District, and any variances required by Section IV B (16 & 17) and bonding, if required as per Section V B (5), have been obtained. Such review will not be required if the Issuing Authority and the District have entered into an agreement which allows the Issuing Authority to conduct such review and approval of the plan without referring the application and plan to the District.


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5. When reviewing any application for a land-disturbing activity permit, the Issuing Authority shall consider the past record of the permit applicant in complying with a previous land-disturbing activity permits and this ordinance. If the applicant has had two or more violations of previous permits or this ordinance within three years prior to the date of the filing of the application under consideration, the Issuing Authority may require the applicant to post a bond up to, but not exceeding, $3,000 per acre of the proposed land-disturbing activity prior to issuing the permit. If the applicant does not comply with this ordinance or with the conditions of the permit after issuance, the Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. C. Plan Requirements. 1. Plans must be prepared to meet the minimum requirements contained in Section IV of this ordinance. Conformance with the minimum requirements may be attained through the use of design criteria in the Manual for Erosion and Sediment Control In Georgia, revised in,6 published by the State Soil and Water Conservation Commission as a guide; or through the use of alternative design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference7 this ordinance. The Plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. 2. Data Required for Site Plan: (A) Narrative or notes, and other information: Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes. (B) Description of existing land use at project site and description of proposed project. (C) Name, address, and phone number of developer/owner.


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(D) Name and phone number of 24-hour local contact who is responsible for erosion and sediment controls. (E) Size of project, or phase under construction, in acres. (F) Activity schedule – show anticipated starting and completion dates for project. Include the statement in bold letters, that “the installation of erosion control measures and practices shall occur prior to or concurrent with land disturbing activities.” (G) Stormwater and sediment management systems-storage capacity, hydrologic study, and calculations, including off-site drainage area. (H) Vegetative plan – for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. Vegetative plan should show options for year-round seeding. (I) Detail drawings – for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. (J) Delineate the 100-foot management zoning along designated trout streams where applicable. (K) Location of erosion and sediment control practices, preferable using uniform coding symbols from the Manual for Erosion and Sediment Control in Georgia, Chapter 6. Practices may include, but are not limited to: (1) Construction exist (2) Sediment barrier (3) Sediment basin (4) Grassed waterway (open swale) (5) Storm drain outlet protection 4. Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the owner.


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D. Permits. 1. Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the Issuing Authority of a completed application, providing variances and bonding are obtained, where necessary. 2. No permit shall be issued by the Issuing Authority unless the erosion and sedimentation control plan has been approved by the District and the Issuing Authority has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Sec. IV B (16 & 17) are obtained, bonding requirements, if necessary, as per Sec. V B. 5, are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished the applicant. 3. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 4. The permit may be suspended, revoked, or modified by the Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control or that the holder or his successor in title is in violation of this ordinance. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. VI. Inspection and Enforcement. A. The Twiggs Count Board of Commissioners or their representatives will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures


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must be completed. If the person engaged in the land-disturbing activity fails to obey within the time specified, he shall be deemed in violation of this ordinance. B. The Twiggs County Commission shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. C. No person shall refuse entry or access to any authorized representative or agent of the Issuing Authority, the Conservation Commission, the District, or Division who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. VII. Penalties and Incentives. A. Failure to Obtain a Permit for Land-Disturbing Activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Issuing Authority. B. Stop-Work Orders. Upon notice from the Issuing Authority or its agent, work on any project that is being done contrary to the provisions of this ordinance or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent, or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required. C. Bond Forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served on that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures shall be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of the ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post under the provisions of


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Section V, B.5. The Issuing Authority may call the bond or part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. D. Civil Penalties. Any person violating any provisions of this ordinance, permitting conditions, or stop-work order shall be liable for civil penalties of not less than $500 per day, by a sentence of imprisonment not exceeding 60 days in jail or both fines and jail or work alternative. Each day the violation continues shall constitute a separate offense. VIII. Administrative Appeal, Judicial Review. A. Administrative Remedies. The suspension, revocation, modification or grant with condition of a permit by the Issuing Authority upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the board within 10 days after receipt by the Issuing Authority of written notice of appeal. B. Judicial Review. Any person aggrieved by a decision or order of the Issuing Authority, after exhausting his administrative remedies, shall have the right to appeal de novo in the Superior Court of Twiggs County. IX. Effectivity, Validity, and Liability. A. Effectivity. This ordinance shall become effective on the 30 day of April, 1990. B. Validity. If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decision shall not affect the remaining portions of this ordinance. C. Liability. Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose8 No signed, dated, or certified copy of this document has been found.


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Statutory & Other References: 12-2-8; 12-5-20 et seq.; 12-5-440 et seq.; Manual for Erosion and Sediment Control in Georgia. Editor’s Notes: This ordinance is a model ordinance prepared by the State Soil and Water Commission in compliance with the 1989 amendments to the Georgia Erosion and Sedimentation Act. While no dated copy has been found, it must have been enacted in 1989 or after. 1. The hand-written word inserted into the original model ordinance document at this point is illegible; this is the editor’s best guess. 2. Illegible in the original; probably “Section IV.” Notes 3, 4, 5, 6, and 7 indicate words illegible in the best available copy of this document. 8. The best available copy of this ordinance ends at this point; a page or pages appear to be missing. Cross References: § 690.510; § 690.515. Index Headings: Conservation & Environmental Protection; Offenses & Penalties; Planning & Zoning; Taxation, Revenue & Finance.


702

Section 690.600: A resolution relating to the creation of a Middle Georgia Clean Air Coalition.

WHEREAS, on July 15, 2003, the Georgia Environmental Protection Division made recommendations to the United States Environmental Protection Agency concerning counties in middle Georgia to be designated nonattainment for new ozone standards; and

WHEREAS, in December 2003, the United States Environmental Protection

Agency notified the Georgia Environmental Protection Division of its intend to designated Bibb, Houston and Monroe Counties as nonattainment under the new ozone standards; and

WHEREAS, the members of the Twiggs County Board of Commissioners

are proud of our county, its people, its resources, its quality of life and for1 Georgia’s largest employer, Robins Air Force Base, located in Houston County; and


pledge to work with and support the efforts of the Middle Georgia Clean Air Coalition, Georgia Tech and the Georgia Environmental Protection Division in crafting a coordinated response complete with new data for consideration along with the development of an aggressive strategy to address ozone and particulate matter in Twiggs County and middle Georgia that will be technically effective, accurate, timely and be implemented at the local level to improve air quality in middle Georgia; and


embrace the goals of the Clean Air Act, understand air quality is a regional issue, and are committed to improving the air quality in middle Georgia;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COMMISSIONERS OF TWIGGS COUNTY that the members of this body resolve to assist in the creation of the Middle Georgia Clean Air Coalition to take necessary actions to help Twiggs County and the middle Georgia area reach National Ambient Air Quality Standards attainment in the shortest time possible. Adopted March 16, 2004. Editor’s Notes: 1. Thus in the original. Cross References: § 690.610; § 690.620.


703

Index Headings: Conservation & Environmental Protection.


704

Section 690.610: A resolution encouraging the use of alternative fuels.

WHEREAS, the middle Georgia area is under close scrutiny by the Environmental Protection Agency (EPA) for air quality issues of increased levels of ground level ozone and particulate matter which can affect the quality of life and health for area residents.1 Being designated as non-attainment for these air quality measurements can affect economic development activities, growth and Robins Air Force Base; and

WHEREAS, the Middle Georgia Clean Air Coalition, a coalition of elected

officials and concerned citizens from cities and counties in middle Georgia have come together to proactively work for the improvement of air quality in middle Georgia with a focus to bringing the middle Georgia area back into attainment levels for ground level ozone and particulate matter levels; and

WHEREAS, a step in improving the air quality in middle Georgia is to

encourage the use of clean burning fuels in all government fleets in middle Georgia to decrease pollutants in the air and raise awareness to the importance of finding workable solutions to the issue of improving the air quality in middle Georgia; and

WHEREAS, all city, county and school boards are asked to pass and fully

support this resolution to encourage the use of alternative fuels and to make decisions with the thought of improving the air quality in middle Georgia in mind.

NOW, THEREFORE, BE IT RESOLVED, that Twiggs County, in an effort

to improve air quality and lower particulate matter levels in middle Georgia supports the effort and goal of government fleets in middle Georgia using and switching to 100% alternative fuels. Furthermore, we are committed to keep Middle Georgia in attainment with EPA regulations for air quality and particulate matter levels and to incorporate the following actions and ideas below.

• Resolution to commit to 100% alternative fuels in all government fleets and in government contracting services. ○ Require RFP decisions to grant preferences to suppliers meeting alternative fuel standards. ○ Post signs in MGCAC region identifying alternative fuel corridor. • Support industry and political efforts to encourage alternative fuel use.


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• Support Clean School Bus Programs with goal of 100% alternative fuel school buses. ○ Diesel retrofits ○ School bus replacements with alternative fuel engines. Adopted August 1, 2006. Editor’s Notes: 1. Thus in the original. Cross References: § 690.600; § 690.620. Index Headings: Conservation & Environmental Protection.


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Section 690.620: A resolution concerning vehicle idling in Middle Georgia.

WHEREAS, the Middle Georgia Clean Air Coalition (MGCAC) is comprised of seven counties and thirteen cities in the Middle Georgia area with the goal of working together to keep all counties and cities in the focus area in attainment for air quality and particulate matter (PM) limits; and WHEREAS, the Twiggs County Board of Commissioners, as a member of the coalition will endeavor to work towards the attainment of required air quality and particulate matter standards; and WHEREAS, Twiggs County seeks to utilize several measures to help improve the air quality in the Middle Georgia region to include: Truck Stop Electrification, Commuter Strategies, Burn Ban Regulations and Anti-Idling policies; and WHEREAS, the Twiggs County sees the inclusion of Anti-Idling policies and laws as an easy, cost-effective and sensible method to improve air quality and lower PM emissions; and

WHEREAS, Anti-Idling laws are regulations that keep drivers of large delivery transportation trucks and school buses from idling their vehicles for longer than 3 minutes while stationary and not in traffic; and NOW, THEREFORE, BE IT RESOLVED, that Twiggs County, in an effort to improve air quality and lower particulate matter levels in the Middle Georgia area propose to self-regulate delivery transport trucks and school buses with Anti-Idling regulations in an effort to keep Middle Georgia in attainment with EPD and EPA regulations for air quality and particulate matter levels. MAY IT BE FURTHER RESOLVED, that Twiggs County, in a cooperative effort with state and local governments and elected officials maintain a full and total commitment to Robins Air Force Base in keeping air quality and PM levels at a point where all counties and cities in the focus area meet and maintain attainment levels and allow for mission expansion and growth at Robins Air Force Base. Adopted June 5, 2007. Cross References: § 690.600; § 690.610.


707

Index Headings: Conservation & Environmental Protection; Public Health & Welfare.


708

Section 690.700: A resolution supporting continuation of prescribed fire.

WHEREAS, the Twiggs County Commissioners recognizes* the use of prescribed fire provides multiple ecological and economic benefits to the public; WHEREAS, prescribed fire is a land management/public safety tool in the prevention of wildfires reduces* the liability and loss of private property and saves lives while it acts as a preventive measure saving taxpayers the cost of local government public safety and fire fighting officials from responding to wildfires which consume valuable tax resources WHEREAS, prescribed fire is a priority in the implementation of the State Wildlife Action Plan to improve wildlife habitat, it assists both public and private land managers in perpetuating fire-dependent ecosystems, its dependent game and on-game species and is a tool in managing endangered species; WHEREAS, the Georgia General Assembly passed the Right to Burn Act in 1992, defining prescribed fire as “Prescribed burning means the controlled application of fire to existing vegetative fuels under specific environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives or to mitigate catastrophic wildfires”; WHEREAS, many rural economies are dependent on the use of prescribed fire to manage for game species such as Whitetail Deer, Wild Turkey, and Bobwhite Quail, whose hunting economy is vital to the State of Georgia; WHEREAS, prescribed fire helps keep Georgia’s forest healthy and those forests, in return, provide clean air and clean water; WHEREAS, prescribed fire practitioners contribute to the air quality of Georgia as healthy forest contribute vital ecological services as “air shed contributors”; NOW, THEREFORE, BE IT RESOLVED THAT the Twiggs County Commissioners supports* the appropriate and continued use of prescribed fire in Georgia; AND, BE IT FURTHER RESOLVED THAT the Twiggs County Commissioners supports* the Georgia Forestry Commission and Georgia


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Department of Natural Resources continue* to provide educational and technical assistance to landowners in an effort to recognize the benefits listed above; AND, BE IT FURTHER RESOLVED THAT the Twiggs County Commissioners urges* Air Quality Regulators to work closely with all state agencies and landowners in a fair and balanced approach to smoke management. Adopted November 6, 2007. Editor’s Notes: *Thus in the original. Index Headings: Conservation & Environmental Protection.


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Title VII: Public Health & Welfare Chapter 750 Economic Development Section 750.510 Joint Development Authority Section 750.520 Economic Development Projects of Joint Development Authority


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Section 750.510: A resolution relating to the joint development authority.

IT IS HEREBY RESOLVED by the Board of Commissioners of Twiggs County, Georgia, in public meeting assembled that:

1.1. In accordance with the provisions of the Development Authorities Law

of Georgia, codified in O.C.G.A. § 36-62-1, et seq., the Board of Commissioners of Twiggs County hereby determines and declares that there is a need for a joint development authority to function and serve in the Counties of Bibb, Jones, Monroe, and Twiggs, and this resolution hereby activates jointly with the Counties of Bibb, Jones, and Monroe, and pursuant to O.C.G.A. § 36-62-5.1, a joint development authority to function and serve in the geographical boundaries of Bibb, Jones, Monroe, and Twiggs Counties in the State of Georgia.

1.2. Said development authority shall be known as the Bibb, Jones, Monroe,

and Twiggs Joint Development Authority. 1.3. The development authority shall consist of sixteen members, with four

members being appointed by the Board of Commissioners of Twiggs County, four members appointed by the Board of Commissioners of Bibb County, four members being appointed by the Board of Commissioners of Jones County, and four members being appointed by the Board of Commissioners of Monroe County. Members must be residents and taxpayers of the County from which they are appointed.

1.44. Initially, two members of the Authority shall be appointed for a two-

year term, and the other two members shall serve a four-year term, and thereafter all members shall be appointed to a four-year term by the respective counties, as provided for hereinabove.

1.5. The following members of said Authority are hereby appointed by the

Board of Commissioners of Twiggs County to serve the initial terms established herein above:*

1.6. By the adoption of this resolution, the Board of Commissioners of

Twiggs County, Georgia, hereby intends to establish a joint development authority pursuant to corresponding approval by the Boards of Commissioners of Bibb County, Jones County, and Monroe County, Georgia, so as to create, activate and empower a joint development authority as contemplated and permitted by O.C.G.A. § 36-62-5.1, and said joint development authority shall have all of the powers and


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rights provided to such authorities by the Development Authorities Law referred to hereinabove now and in the future.

1.7. It is further resolved that said Authority shall establish its own bylaws to

provide for the management and operation of the Authority, said bylaws to be consistent with the Development Authorities Law of the State of Georgia and this resolution; provided, however, that the Authority shall not undertake the issuance of bonds, the financing of any project, or the acquisition of real property without the joint approval of the Board of Commissioners of Bibb, Jones, Monroe, and Twiggs Counties.

1.8. A copy of this resolution shall be filed with the Secretary of State of the

State of Georgia as required by law. 2. This resolution is intended as an amendment to the resolution adopted by

this body December 1995, and not as affecting the previous appointments of members from Bibb or Monroe County or the status of the bib, Monroe, Twiggs County Joint Development Authority as it has heretofore existed.

3. This resolution shall be effective immediately upon its passage of

concurrent resolutions by the Board of Commissioners of Bibb, Jones, and Monroe Counties.

Adopted as Resolution 95-00, February 7, 1995; amended by Resolution 95-11, adopted December 5, 1995, the substance of which is incorporated herein; amended by Resolution 2000-10, adopted September 5, 2000, the substance of which is incorporated herein. Statutory References: 36-62-1 et seq. Editor’s Notes: *The names of the initial appointees are omitted. Cross References: § 750.520. Index Headings: Public Health & Welfare.


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Section 750.520: A resolution authorizing support of economic development projects through the joint development authority.

IT IS HEREBY RESOLVED by the Board of Commissioners of Twiggs County, Georgia in public meeting assembled that:

1. In accordance with the provisions of the Development Authority Laws of

Georgia, codified in O.C.G.A. § 36-62-1, et seq., the Board of Commissioners of Twiggs County created jointly with the Counties of Twiggs and Bibb by resolution the Joint Development Authority of Bibb, Monroe, and Twiggs Counties on December 5, 1995.

2. The Joint Development Authority serves as an instrument in promoting

economic development projects and activities in Bibb, Monroe, and Twiggs Counties.

3. The Joint Development Authority is currently assisting Monroe County

with a project through the application to the Georgia Department of Community Affairs for a Regional Assistance Program Grant for funding at a site in Monroe County which will provide jobs and economic activity in Bibb, Monroe, and Twiggs Counties.

4. Monroe County has agreed by resolution to assist the Joint Development

Authority with the preparation and application of any grants that would benefit either Bibb or Twiggs Counties when a project becomes apparent in either of those counties.

Adopted as resolution 99-1, January 5, 1999. Statutory References: 36-62-1, et seq. Cross References: § 750.510. Index Headings: Public Health & Welfare.


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Title VIII: Emergency Management and Disaster Prevention & Protection

Chapter 810 Emergency Management Agency Section 810.100 Emergency Management Agency Section 810.110 Emergency Mutual Aid Agreement Between Twiggs

County and Jones County Section 810.120 Emergency Management Services Section 810.130 National Incident management System Chapter 820 911 Emergency Services Section 820.010 911 Emergency Services Authorized Section 820.015 Service Charge for 911 Section 820.020 Enhanced 911 Emergency Services Section 820.025 911 Services Reaffirmed Chapter 830 Flood Damage Section 830.100 Flood Damage Prevention (1994) Section 830.105 Flood Damage Prevention (1996) Section 830.210 Flood Insurance Chapter 840 Fire Department Section 840.010 Fire Department Authorized


715

Section 810.100: A resolution relating to an emergency management agency.

BE IT RESOLVED by the Board of Commissioners of Twiggs County, Georgia, and it is hereby resolved by authority of the same as follows:

1. Definition. As used in this resolution, the term “Emergency Management”

shall mean the preparation for and the carrying out of all emergency and disaster functions other than those functions for which military forces or state and federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from emergencies or disasters, or the imminent threat thereof, of man-made or natural origin. These functions include, without limitation, fire fighting service, police services, medical and health services, rescue, engineering, warning services, communications, protection against the effects of radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, shelter, temporary restoration of public utility services, and other functions related to civilian population, together with all other activities necessary or incidental to total emergency and disaster preparedness for carrying out the foregoing functions.

2. Office of the City Emergency Management Director. In agreement with

the governing officials of the cities within the county, there is hereby established the Twiggs county Emergency Management Agency. The Chairman, County Commissioners of Twiggs County, with concurrence of the Mayors of cities within the County, shall nominate for appointment by the Governor, a Director of Emergency Management for the entire county. When appointed, the Emergency Management Director is charged with the following duties:

a. To represent the governing officials3 of the county and cities therein on

matters pertaining to emergency management. b. To assist county and city officials in organizing county and city departments

for emergency operations. c. To develop, in conjunction with county and city departments the Twiggs County Plan for emergency functions set forth in Section 1 of the resolution. Such plan will be in consonance with the Georgia Natural Disaster Operations Plan and Nuclear Emergency Operations Plan, and shall be submitted to the governing officials of Twiggs County and the cities therein for approval, and thence to the Georgia Emergency Management Agency for approval.


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d. To maintain the Emergency Management Agency and carry out the day-to-day administration of the county emergency management program, including the submission of required reports to the Georgia Emergency Management Agency.

e. To submit reports as required by governing officials in keeping with good

management practices, e.g., financial, daily activity, etc. f. To obtain, with the authority of governing officials, a facility to be used as

the Twiggs County Emergency Operating Center. g. To coordinate the activities of the county Emergency operating Center staff

during periods of an emergency, and under the supervision of county governing officials.

3. Twiggs County Emergency Management Agency. The Twiggs County

Emergency Management Agency shall be established around existing county and city departments and the emergency functions listed in section 1 above are assigned as follows: DEPARTMENT/AGENCY FUNCTIONS 1. Chairman, County Direction and Control of Cities Commissioners, Mayors 2. Sheriff’s Office Communication, Law Enforcement Services, Evacuation Services 3. Emergency Management Agency Emergency Public Information, Damage Assessment Services,

Specific Impact Hazards 4. Fire Department Search Rescue Services, Fire Services, Radiological Protection, Hazardous

Materials (Specific Impact Hazard) 5. Public Works Public Works Services 6. School Superintendent Transportation Services, Food Services 7. Health Department Medical and Deceased


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Identification Services 8. Clerk’s Office Resources Management 9. Department of Human Services, Family & Children Services Emergency Shelter Services

10. Medical Center Emergency Ambulance Service of Georgia 4. Powers During an Emergency or Disaster. In the event of manmade or natural disaster, actual enemy attack upon the United States, or any other emergency which may affect the lives and property of the citizens of Twiggs County, the Chairman, County Commissioners, jointly with the Mayors of the affected cities, or in their absences, their legally appointed successors as determined by their respective governing bodies, may determine that an emergency or disaster exists and thereafter shall have and may exercise for such period as such emergency or disaster exists or continues, the following powers: a. To enforce all rules, laws and regulations relating to emergency management, and to assume direct operational control over all emergency management resources; b. To seize or take for temporary use, any private property for the protection of the public; c. To sell, lend, give, or distribute all or any such property or supplies among the inhabitants of the county and to maintain a strict accounting of property or supplies distributed and for funds received for such property or supplies; and d. To perform and exercise such other functions and duties, and take such emergency actions as may be necessary to promote and secure the safety, protection and well-being of the inhabitants of the county. 5. Volunteers. All persons, other than officers and employees of the county and cities therein, performing emergency functions pursuant to this resolution, shall serve without compensation. While engaging in such emergency functions, duly assigned volunteers shall have the same immunities as county and city officers and employees.


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6. Liberality of construction. This resolution shall be construed liberally in order to effectuate its purpose. 7. Penalties. Any person, firm or corporation violating any provision of this resolution or any rule, order or regulation made pursuant to this resolution shall upon conviction thereof in the Magistrate Court of Twiggs County be punished as provided by law. Each day’s continued violation shall be deemed a separate offense. 8. Effective Date. This resolution shall be effective immediately upon its passage. 9. Repeal Conflicting Resolutions. All resolutions or parts thereof in conflict herewith are hereby repealed. Adopted as Resolution 99-7, April 6, 1999. Cross References: § 810.110; § 840.010; § 810.130. Index Headings: Boards & Commissions; Emergency Management and Disaster Prevention & Protection; Offenses & Penalties.


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810.110: An emergency mutual aid agreement between Twiggs County and Jones County.

This agreement, entered into this 9th day of October, 2001, between the Twiggs County Board of Commissioners, the governing authority of Twiggs County, Georgia, hereinafter referred to as “Twiggs”; and the Jones County Board of Commissioners, the governing authority of Jones County, Georgia, hereinafter referred to as “Jones”; Witnesseth: WHEREAS, Article 9, Section 2, Paragraph 3 of the Georgia Constitution provides that a County may not exercise any of its powers, including fire protection, within the limits of another county or municipality except by contract with the County or municipality involved; and WHEREAS, the parties hereto have historically come to the aid of each other in emergencies and disasters; and WHEREAS, such aid may include, but is not limited to, fire service, search and rescue service, law enforcement, emergency medical services, public works and sheltering; and WHEREAS, the parties are desirous of continuing to tender the mutual aid to each other in situations of emergency requiring such aid. NOW, THEREFORE, in consideration of the premises, the parties hereto, agree as follows: 1. This Agreement shall apply to emergency conditions which occur on an irregular basis and not in everyday normal course of governmental operations. 2. Each County hereby gives authorization to the other to assist each other in the event of an emergency wherein said assistance is needed or requested. 3. The authorization provided herein shall extend to both personnel and equipment. 4. The heads of the Emergency Service Departments of each respective governmental entity, or their authorized deputies and the chief elected official of the


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governing authority of each governmental entity or his/her designee, are authorized to coordinate the assistance provided for herein. Said departments may establish operating procedures for mutual emergency assistance from time to time that are not inconsistent with the terms of this Agreement. 5. The mutual aid rendered shall be subject to the following conditions: A. Any request for mutual aid must be passed through the appropriate alarm center of the agencies listed herein and must be initiated by the ranking on-duty officer. B. The responding emergency department shall be responsible for determining that all personnel responding to the request for assistance are responsible and qualified persons and that the conduct and actions of said personnel shall be the responsibility of the responding party; C. Any request for aid hereunder shall: 1. Include a statement of the amount and type of equipment; 2. The number of personnel requested; 3. Specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and the number of personnel to be furnished shall be determined by the ranking on-duty officer of the responding organization. D. The responding department(s) shall report to the officer in charge of the requesting organization at the location to which the equipment is dispatched and shall coordinate the appropriate action with that official. E. A responding department(s) shall be released by the requesting organization when the services of the responding organization are no longer required or when the responding department(s) is needed within the area for which it normally provides emergency services. F. Each party to this Agreement shall be responsible and liable for death or injury to any personnel of its respective department(s) responding to the request for mutual aid;


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G. The responding party assumes no liability or responsibility for private property damaged or destroyed at the actual scene of the emergency; said responsibility and liability shall rest solely with the party requesting such aid and within whose boundaries the emergency exists. H. The responding party shall assume all liability and responsibility for damage to its own apparatus and equipment including the trip to and from such emergencies; I. The requesting party shall in no way be liable or responsible for personal property of the members of the responding party which may be lost, stolen or damaged while performing their duties. J. Each party in this Agreement shall assume all cost of salaries, wages, bonuses or other compensation for its respective personnel that may be responding under this Agreement and shall assume all cost involving the use of apparatus, equipment and tools in response to a request for aid and shall make no charge for such use to the requesting party. With the exception of normal Emergency Medical Service patient charges, charged to the patient receiving care.1

K. The requesting party shall be in command of the emergency as to general strategy, tactics and overall direction of the operation unless they wish to delegate such authority over to the responding officer. The requesting party has the right to request more manpower and apparatus from other jurisdictions. L. No party to this Agreement shall be bound to dispatch apparatus, equipment or personnel to the other jurisdiction, but every effort should be made to furnish such assistance and appropriate equipment if, in the judgment of the on-duty officer in charge of the department of the responding party, such dispatch would impose a serious impairment to the defenses and protection for its own respective community. Neither party shall have a claim against the other for failure to respond to a request hereunder nor shall any third party be entitled to rely upon this contract as the basis for a claim against either party hereto for failure to respond to a request hereunder. 6. When personnel are sent to another community pursuant to this Agreement, the jurisdiction, authority, rights, privileges and immunities, including coverage under workers compensation laws, applicable in the responding jurisdiction shall be extended to and include the area in which like benefits and authorities are


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or could be afforded to personnel of the requesting party and shall also extend to the area in route1 to said emergency. 7. Radio frequencies, codes and signals shall be coordinated so that clear communication among all personnel can be maintained at all times. The agencies will exchange, upon execution of this contract, rosters and radio call signs of their personnel and such information shall be maintained current at all times during the term of this agreement. The agencies shall also furnish each other with current detailed accurate maps so that their personnel will be familiar with the territory of the other jurisdiction. 8. Thus requesting jurisdiction shall indemnify and hold harmless the responding organization from any and all claims made by other persons against the responding organization arising out of, related to, and/or in connection with the performance of any activities pursuant to this agreement. 9. This Agreement shall remain in force and effect until either party gives sixty (60) days written notice to the other of its intent to terminate the Agreement in whole or in part. There shall be no changes in the provisions of this Agreement unless in writing and signed by both parties. Given under the hands and seals of the parties hereto, the day and year above written. Signed and certified by the Jones County Board of Commissioners October 9, 2001, and by the Twiggs County Board of Commissioners October 16, 2001. Statutory References: Georgia Constitution, Article 9, § 2, ¶ 3. Editor’s Notes: *Thus in the original. Cross References: § 810.100; § 840.010; § 810.130. Index Headings: Emergency Management and Disaster Prevention & Protection; Officers, County; Personnel, County; Public Health & Welfare.


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Section 810.120: A resolution relating to emergency services management.

WHEREAS: Twiggs County Commissioners, the Emergency Management Agency (EMA), and the Sheriff need to define various roles and responsibilities regarding 911 dispatchers;

THEREFORE: the Board does hereby adopt the policy that the EMA chief and deputy are the county’s representatives in all actions that affect homeland security, 911 functions, rescue, and fire services. 911 salaries and supplies needed to operate this function will continue to be budgeted annually by the EMA office. FURTHER RESOLVED: that the Sheriff will be the direct supervisor of the 911 personnel in their day-to-day operations and coordination of their job duties. Any personnel problems will be resolved in accordance with existing policies and procedures in the Twiggs County Personnel Manual. Accordingly, 911 personnel will be hired/fired in accordance with these procedures and after consultation with the EMA director or deputy with the need to hire/fire. The EMA office retains the ultimate responsibility in these matters and will make the decision to hire/fire after taking into consideration the Sheriff’s input. FURTHER RESOLVED: that disputes will be brought before the Administrator who will then make the decision, if warranted, to place the identified problem on the Commissioner’s agenda for the next regularly scheduled meeting. FURTHER RESOLVED: that disputes will be brought before the Administrator who will then make the decision, if warranted, to place the identified problem on the Commissioner’’ agenda for the next regularly scheduled meeting. FURTHER RESOLVED: I, Ray Bennett, by virtue of the authority vested in me as Chairman of the Board of Commissioners, Twiggs County, Georgia, do hereby agree, sign, and attest to the majority of the Bard agreeing to accept this policy. IN WITNESS WHEREOF: I have hereunto set my hand this 21st day of January in the year of our Lord two thousand and three. Adopted January 1, 2003. Cross References: § 275.500; § 810.100; § 810.110; § 820.010; § 820.015; § 820.020; § 820.025; § 810.130.


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Index Headings: Emergency Management and Disaster Prevention & Protection; Personnel, County.


725

Section 810.130: A resolution relating to the National Incident Management System.

WHEREAS, Federal Homeland Security Presidential Directive (HSPD) 5 establishes the National Incident Management System (NIMS); and

WHEREAS, NIMS establishes a single, comprehensive approach to domestic incident management to ensure that all levels of government across the nation have the capability to work efficiently and effectively together using a national approach to domestic incident management; and WHEREAS, NIMS provides a consistent nationwide approach for federal, state and local governments to work together to prepare for and respond to,* and recover from national domestic incidents regardless of the cause, size or complexity; WHEREAS, NIMS provides for interoperability and compatibility among federal, state and local capabilities and includes a core set of concepts, principles, terminology and technologies covering the Incident Command System, Unified Command, training, management of resources and reporting; and WHEREAS, all Federal departments and agencies shall make adoption of the NIMS a requirement for providing federal preparedness assistance through grants, contracts or other activities to local governments; and WHEREAS, the State of Georgia has enacted through law (O.C.G.A. 38-3-57) that all local public safety and emergency response organizations, including emergency management agencies, law enforcement agencies, fire departments, and emergency medical services, shall implement the standardized unified incident command system and that those agencies that do not establish such system shall not be eligible for state reimbursement for any response or recovery related expenses; Be it therefore resolved that Twiggs County hereby adopts the National Incident Management System (NIMS) as established under HSPD 5 and the Unified Command System as established under O.C.G.A. 38-3-57 as its system of preparing for and responding to disaster incidents and directs all incident managers and response organizations in Twiggs County to train and exercise and use these systems in their response operations. Adopted July 18, 2006.


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Statutory References: 38-3-57. Editor’s Notes: *Thus in the original. Cross References: § 810.100; § 810.110; § 810.120. Index Headings: Emergency Management and Disaster Prevention & Protection.


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Section 820.010: A resolution relating to 911 emergency services.

WHEREAS, the 911 telephone service is vital and life-saving link between the people of Twiggs County and Emergency Services; and

WHEREAS, the 911 telephone services is available to the incorporated and

unincorporated areas of Twiggs County, Georgia; and WHEREAS, O.C.G.A. § 46-5-136 requires the creation of a 911 advisory

board; and WHEREAS, Twiggs County, Georgia held a public hearing on the 10th day of

December, 1997 pursuant to proper notice whether the implementation of a 911 system was discussed with interested members of the public.

NOW, THEREFORE, pursuant to O.C.G.A. § 46-5-133 be it resolved by

the Board of Commissioners of Twiggs County, Georgia that they hereby impose a monthly 911 charge upon each exchange access facility subscribed to be the telephone subscribes whose exchange to access lines are in areas in the incorporated and unincorporated reas of Twiggs County, Georgia; and

IT IS FURTHER RESOLVED that the amount of said charge shall be one

and 50/100 dollars ($1.50) per month per exchange access facility provided to the telephone subscribers in the incorporated and unincorporated areas of Twiggs County, Georgia.

IT IS FURTHER RESOLVED that this charge shall become effective and

shall begin on the 1st day of the first month following passage of a* 120 days from the enactment of this resolution.

IT IS FURTHER RESOLVED that a 911 advisory board is hereby created

for Twiggs County and the members of said board are listed on the attached Exhibit “A.”**

IT IS FURTHER RESOLVED, that it is the expressed intent of the

Commissioners of Twiggs County to upgrade the 911 system to an enhanced 911 system approximately 24 months after the basic 911 system goes into operation. Adopted as Resolution 98-2, February 3, 1998.


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Statutory References: 46-5-136. Editor’s Notes: *Thus in the original. Probably should read “…passage of 120 days from…” **Exhibit A is not included herewith as it is merely a list of the first members appointed to the advisory board. Cross References: § 820.015; § 820.020. Index Headings: Emergency Management and Disaster Prevention & Protection; Taxation, Revenue & Finance.


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WHEREAS, on the 3rd day of February, 1998, the Twiggs County Commissioners approved a Resolution implementing 911 emergency telephone service within Twiggs County and imposing a $1.50 per month fee on all telephone subscribers; and

WHEREAS the attached Letter of Intent between Twiggs County, AllTel and

Bell South is necessary to implement the 911 system. NOW, THEREFORE, be it resolved by the Board of Commissioners of

Twiggs County, Georgia that the attached Letter of Intent* is hereby approved and that William E Hamrick as Chairman of the Board of Commissioners is hereby authorized to execute this Letter of Intent on behalf of Twiggs County, Georgia. Adopted as Resolution 98-3, February 3, 1998. Editor’s Notes: *The “attached letter of intent” has not been found. Cross References: § 820.010; § 820.020. Index Headings: Emergency Management and Disaster Prevention & Protection; Taxation, Revenue & Finance.


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Section 820.020: A resolution relating to enhanced 911 emergency services. WHEREAS, 9-1-1 telephone services serves as a life saving link between people and emergency services; WHEREAS, 9-1-1 telephone service has been established and available in Twiggs County, Georgia since February of 1998; WHEREAS, it is in the best interest of the citizens of Twiggs County to maintain and continue 9-1-1 service which is to be available to all citizens in the incorporated and unincorporated areas of Twiggs County whether they are calling from landline, cellular, or wireless telephones; WHEREAS; O.C.G.A. § 46-5-133 states that any local government which operates or contracts for the operation of an emergency 9-1-1 service system which is capable of providing enhanced 9-1-1 service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced 9-1-1 charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address is within the geographic area of Twiggs County; WHEREAS, the Board of Commissioners of Twiggs County, after much thought and consideration, determined that the cost of maintaining the 9-1-1 system should be paid by all individuals using the system; and WHEREAS, the Board of Commissioners of Twiggs County have already passed a resolution assessing a fee to landline subscribers in Twiggs County. NOW THERFORE BE IT RESOLVED THAT: 1. A monthly wireless enhanced charge of one dollar ($1.00) per month shall be charged on each wireless telecommunications connections subscribed to by telephone subscribers whose billing address is within the geographic area of Twiggs County. Pursuant to O.C.G.A. § 46-5-134(a)(3)(C), all wireless telecommunication connections billed to federal, state or local governments shall be exempt from the wireless enhanced 9-1-1 charge.


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2. Pursuant to O.C.G.A. § 46-5-134(d)(2)(A), until June 30, 2002, Twiggs County shall open and maintain a separate restricted reserve account of the Emergency Telephone System Fund, designated as the Wireless Phase I Reserve Account, and shall deposit thirty cents ($0.30) of each monthly wireless enhanced charge collected pursuant to paragraph number 1 of this resolution into the account. Money from the Wireless Phase I Reserve Account shall be used only to pay the nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a 9-1-1 call from a wireless telecommunications connection. 3. A copy of this resolution after its adoption shall be forwarded to Alltell Communication Corporation and Bellsouth Business systems and any other wireless service provider who are offering wireless enhanced 9-1-1 service to wireless telephone subscribers whose billing address is within the geographic area of Twiggs County. 4. This Resolution shall take effect 120 days following the date of its adoption by the Board of Commissioners of Twiggs County. Adopted as Resolution 2000-3, May 2, 2000. Statutory References: 46-5-133; 46-5-134(a)(2)(C); 46-5-134(d)(2)(A). Cross References: § 820.010; § 820.015. Index Headings: Emergency Management and Disaster Prevention & Protection; Taxation, Revenue & Finance.


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WHEREAS, the Board of Commissioners of Twiggs County has adopted Resolution 98-21 dated February 3, 1998 relating to the appropriate charges for 911 emergency services, and

WHEREAS, the Board of Commissioners of Twiggs County has adopted

Resolution 2000-3,2 a resolution relating to enhanced 911 emergency services, and WHEREAS, each succeeding year the Board of Commissioners have reaffirmed the necessity for each of these “911” services, and “WHEREAS, O.C.G.A. 46-5-134(d)(3) requires the governing authority annually to reaffirm the necessity for the “911” and the enhanced “911” charges; NOW, THEREFORE, BE IT RESOLVED, that the governing authority reaffirms the necessity for the “911” charges and the enhanced “911” charges for this calendar year. Adopted May 21, 2002. Statutory References: 46-5-134(d)(3). Editor’s Notes: 1. Codified herein as § 820.010. 2. Codified herein as § 820.020. Cross References: § 820.010; § 820.015; § 820.020. Index Headings: Emergency Management and Disaster Prevention & Protection; Taxation, Revenue & Finance.


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Section 830.100: An ordinance relating to flood damage prevention.

WHEREAS, the Legislature of the State of Georgia has in Georgia Code Annotated, Article IX, Section II, Paragraph I1 delegated the responsibility to local governmental units to adopt regulations to promote the public health, safety, and general welfare of its citizenry;

WHEREAS, There are flood prone areas within Twiggs County which are

subject to periodic inundation, the flooding of which adversely affects the public health, safety and general welfare;

WHEREAS, the Federal Emergency Management Agency has not yet

published a Flood Insurance Study, Flood Hazard Boundary Map, or Flood Insurance Rate map for Twiggs County;

WHEREAS, Twiggs County wishes to establish eligibility in the National

Flood Insurance Program and in order to do so must meet the minimum floodplain management standards of Section 60.3(a) of the Federal Insurance Administration which are intended to reduce future flood damages;

NOW THEREFORE, Twiggs County ordains as follows: 1. Permit Requirements. A Development Permit shall be required in

conformance with the provisions of this ordinance prior to the commencement of any development activities within the jurisdictional limits of Twiggs County. (Please see definition of “development” in Appendix 1.) No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

2. Permit Application. Application for a Development Permit shall be made

to the Twiggs County Planning & Zoning Commission on forms furnished for that purpose prior to any development activities, and may include, but not be limited to, the plans in duplicate drawn to scale showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities; and description of the extent to which any watercourse will be altered or relocated as result of proposed development.

3. Permit Procedures. The Twiggs County Planning & Zoning Commisison

shall:


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(1) Review all development permits to determine whether proposed building

sites are within an “area of special flood hazard” and/or will be reasonably safe from flooding and shall assure that the requirements of this ordinance have been satisfied.

(2) Advise permittee that additional federal or state permits may be required,

and if specified federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit.

(3) Obtain, review, and reasonably utilize any flood hazard information

available from a federal, state or other source, in order to administer this ordinance. At minimum, the following comprise the “area of special flood hazard”: identified wetlands, low-lying areas along the shores of lakes and streams, areas subject to shallow flooding during intense storms, and areas known to have flooded historically.

(4) Obtain from the permittee an Elevation Certificate, prepared by a state-

licensed surveyor, providing the actual elevation of the lowest floor (including basement) of all new or substantially improved buildings, in relation to both mean sea level and to highest adjacent natural grade. This shall occur at the time the lowest floor is established and shall be a condition for granting a Certificate of Occupancy or Completion.

(5) Maintain and all records pertaining to the provisions of this ordinance.2 4. Building Standards for Flood Damage Reduction. In “areas of special

flood hazard”, the following provision shall apply to new construction or substantial improvement of buildings and structures:

(1) New construction and substantial improvements shall be: (a) Elevated at least two feet above highest adjacent grade, (b) Designed or modified and adequately anchored to prevent flotation,

collapse, or lateral movements of the structure, (c) Constructed with materials and utility equipment resistant to flood

damage, and (d) Constructed by methods and practices that minimize flood damage.


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(2) Manufactured homes shall be elevated at least two feet above highest adjacent grade and shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable building code requirements for resisting wind forces.

(3) Electrical, heating, ventilation, plumbing, air conditioning equipment, and

other service facilities shall be elevated at least two feet above highest adjacent grade or floodproofed to prevent water from entering or accumulating within the components during conditions of flooding.

(4) Any addition, alteration, repair, reconstruction, or improvement to a

building which is in compliance with the provisions of this ordinance, shall meet the requirements of “new construction”.

(5) Accessory Structures. Structures that represent minimal investments, are

not used for human habitation, and that are subordinate to and accessory to the primary structure or use on the property (eg. storage sheds, detached garages, gazebos, and barns) may be exempted from the elevation requirements provided the other standards of this Section are met.

(6) Recreational Vehicles. All recreational vehicles placed on sites must

either be fully licensed and ready for highway use, or the recreational vehicle must be installed as a manufactured home. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structures.

(7) Historic Buildings. Historic buildings, as defined, are exempt from the

elevation and other standards of this section, provided written documentation is provided from the State Historic Preservation Office that the proposed repairs or rehabilitation will not preclude the building’s continued designation as a historic structure.

5. Standards for Water and Sewer Systems. In “areas of special flood

hazard” the following provisions are required for the installation or reconstruction of water and sewer systems:

(1) New and replacement water supply systems shall be designed to minimize

or eliminate infiltration of flood waters into the system;


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(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the system into flood waters.

(3) On-site waste disposal systems shall be located and constructed to avoid

impairment to them or contamination from them during flooding, and. 2 6. Setbacks from Streams and Lakes. (1) No encroachments, including fill material or structures, shall be located

within a distance of the stream bank equal to five times the width of the stream at the top of bank or twenty feet each side from top of bank, whichever is greater.

(2) Buildings shall not be permitted partially or wholly over water. 7. Standards for Subdivision Proposals and Other Large Developments.

Proposals for subdivisions and other large developments, including shopping centers, industrial parks and complexes, public facilities and manufactured home parks and subdivisions, shall:

(1) Be designed and located so as to minimize future flood damages both on-

site and on lands affected by the development; (2) Have public utilities and facilities such as sewer, gas, electrical and water

systems located and constructed to minimize flood damaged; 2 (3) Have adequate drainage provided to reduce exposure to flood hazards; (4) Have Base flood elevation data developed in accordance with standard

engineering practice, when the development is greater in size than fifty lots or five acres. Such data shall be provided to the Federal Emergency Management Agency within six months.

(5) Have the base flood boundary and the base flood elevation for the

building site on each lot shall be clearly marked on all recorded subdivision plats and approved site development plans. 2

8. Abrogation and Greater Restrictions. This ordinance is not intended to

repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.


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However, where this ordinance and another conflict or overlap, whichever imposed the more stringent restrictions shall prevail.

9. Interpretation. In the interpretation and application of this ordinance all

provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body, and; (3) Deemed neither to limit nor repeal any other powers granted under state

statutes. 10. Warning and Disclaimer of Liability. The degree of flood protection

required by this ordinance is considered reasonable for regulatory purposes given the flood information available. This ordinance shall not create liability on the part of Twiggs County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

11. Penalties for Violation. Violation of the provisions of this ordinance or

failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $_____3 or imprisoned for not more than ____ days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Twiggs County from taking such other lawful actions as are necessary to prevent or remedy any violation.

12. Severability. If any section, subsection, sentence, clause, phrase, or

portion of this Ordinance is for any reason held or declared to be unconstitutional, invalid, or void, such holding or invalidity shall not affect the remaining portions of this Ordinance, and the unconstitutional, invalid or void provisions shall be deemed to have been severed herefrom, and the remainder of this Ordinance, after the exclusion of such part or parts, shall be deemed to be valid, as if such part of2 parts had not been included herein. If this Ordinance or any provisions hereof shall be held inapplicable to any person, group of persons, property, or kind of property,


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circumstances, or set of circumstances, such holdings shall not affect the application hereof to any other person, property, or circumstances.

13. Definitions. The definitions contained in Appendix 1 are applicable to

this ordinance and are incorporated herein. Appendix 1: Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

“Addition (to an existing building)” means any walled and roofed expansion of

the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

“Area of special flood hazard” In the absence of a Flood Insurance Study,

Flood Hazard Boundary Map, or Flood Insurance Rate Map issued by the Federal Emergency Management Agency (FEMA), the areas of special flood hazard shall include, at minimum, the following: identified wetlands, low-lying areas along the shores of lakes and streams, areas subject to shallow flooding during intense storms, and areas known to have flooded historically. As portrayed on maps issued by FEMA, the “area of special flood hazard” is that anticipated to be inundated by the base flood.

“Base flood” means the flood having a one percent chance of being equaled

or exceeded in any given year. “Basement” means that portion of a building having its floor subgrade (below

ground level) on all sides. “Building” means any structure built for support, shelter, or enclosure for any

occupancy or storage. “Development” means any man-made change to improved or unimproved

real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.


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“Flood” or “flooding” means a general and temporary condition of partial or

complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The usual and rapid accumulation of runoff of surface waters from any

source. “Flood Hazard Boundary Map (FHBM)” means an official map of a

community, issued by the Federal Emergency Management Agency, where the approximate boundaries of the areas of special flood hazard have been delineated and defined as Zone A.

“Flood Insurance Rate Map (FIRM)” means an official map of a community,

on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

“Flood Insurance Study” is the official report provided by the Federal

Emergency Management Agency following detailed engineering study of the flood hazards in a community. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

“Floodway” means the channel of a river or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Floor” means the top surface of an enclosed area in a building (including

basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

“Highest adjacent grade” means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building.

“Historic Structure” means any structure that is a. Listed individually in the National Historic Register of Historic Places (a

listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;


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b. Certified or preliminarily determined by the Secretary of the Interior as

contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c. Individually listed on a state inventory of historic places in states with

historic preservation programs which have been approved by the Secretary of the Interior; or

d. Individually listed on a local inventory of historic places in communities

with historic preservation programs that have been certified either: 1. By an approved state program as determined by the Secretary of the

Interior, or 2. Directly by the Secretary of the Interior in states without approved

programs. “Lowest floor” means the lowest floor of the lowest enclosed areas (including

basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s “lowest floor”; provided, that such enclosure is built in compliance with other applicable flood damage reduction standards.

“Manufactured home” means a building, transportable in one or more

sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

“Mean Sea Level” means the average height of the sea for all stages of the

tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD).

“National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a

vertical control used as a reference for establishing varying elevations within the floodplain.


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“New Construction” Any structure for which the “start of construction” commenced after 8-23-94, which is the effective date of this ordinance. The term also includes any subsequent improvements to such structure.

“Recreational Vehicle” means a vehicle which is: a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light duty truck;

or d. Designed primarily not for use as apermanent2 dwelling but as temporary

living quarters for recreational, camping, travel, or seasonal use. “State of Construction”, includes substantial improvement, and means the

date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a walled and roofed building that is principally above

ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

“Substantial damage” means damage of any origin sustained by a structure

whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.


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“Substantial improvement” means any combination of reconstruction,

alteration, rehabilitation, addition, or improvement to a building (including electrical, plumbing, and heating/air conditioning), taking place during a five-year period in which the cumulative cost equals or exceeds fifty percent of the market value of the building. The market value of the building should be:

(1) The appraised value of the building prior to the start of the initial repair

or improvement, or (2) In the case of damage, the value of the building prior to the damage

occurring. This term includes structures which have incurred “substantial damage”,

regardless of the actual repair work performed. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official, which have been cause for issuance of a citation or condemnation, which are solely necessary to assure safe living conditions.

“Violation” means the failure of a structure or other development to be fully

compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate is presumed to be in violation until such time as that documentation is provided.

Adopted August 23, 1994. Statutory & Other References: 44 CFR 60.3. See also editor’s note 1. Editor’s Notes: This ordinance was originally styled “Flood Damage Prevention Ordinance (for compliance with 44 CFR 60.3(a)). This ordinance may have been superceded by § 830.105. 1. The intended reference here appears to be Georgia Constitution Article IX, § 1, ¶ 1, giving counties home rule. 2. Thus in the original. 3. These blanks appear in the best available copy of this document. Cross References: § 830.105; § 830.210.


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Index Headings: Emergency Management and Disaster Prevention & Protection; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 830.105: An ordinance relating to flood damage prevention. 1. Statutory Authorization, Findings of Fact, Purpose and Objectives.

1.1. Statutory Authorization. The Legislature of the State of Georgia has in Georgia Code Annotated,

Article IX, § II, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Commissioners of Twiggs County, Georgia, does ordain as follows:

1.2. Findings of Fact.

(1) The flood hazard areas of Twiggs County, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(2) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

1.3. Statement of Purpose.

It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(2) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (3) control filling, grading, dredging and other development which may increase flood damage or erosion, and;


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(4) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(5) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

1.4. Objectives.

The objectives of this ordinance are:

(1) to protect human life and health;

(2) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (3) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas,

(4) to minimize expenditure of public money for costly flood control projects;

(5) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(6) to minimize prolonged business interruptions, and;

(7) to insure that potential home buyers are notified that property is in a flood area.

2. General Provisions.

2.1. Lands to which this Ordinance Applies.

This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Twiggs County, Georgia. 2.2. Basis for Area of Special Flood Hazard.

The Areas of Special Flood Hazard identified by the Federal Emergency

Management Agency in its Flood Insurance Study (FIS), dated March 18, 1996, with


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accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this ordinance. Supporting data include the United States Geological Service’s 1995 base flood elevation data presented to Twiggs County by the Federal Emergency Management Agency. For those land areas acquired by a municipality through annexation, the current effective FIS and data for the unincorporated county are hereby adopted by reference. Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS.

2.3 Establishment of Development Permit.

A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR to the commencement of any Development activities.

2.4. Compliance.

No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations.

2.5. Abrogation and Greater Restrictions.

This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

2.6. Interpretation.

In the interpretation and application of this ordinance all provisions shall be:

(1) considered as minimum requirements; (2) liberally construed in favor of

the governing body, and;

(3) deemed neither to limit nor repeal any other powers granted under state statutes.


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2.7. Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Twiggs County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

2.8. Penalties for Violation.

Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 or imprisoned for not more than three days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Twiggs County, Georgia from taking such other lawful actions as is necessary to prevent or remedy any violation.

3. Administration.

3.1. Designation of the Zoning Enforcement Officer.

The Zoning Enforcement Officer is hereby appointed to administer and implement the provisions of this ordinance.

3.2. Permit Procedures.

Application for a Development Permit shall be made to the Zoning Enforcement Officer on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question, and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.


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Specifically, the following information is required:

(1) Application Stage.

(a) Elevation in relation to mean sea level (or highest adjacent grade) of the

lowest floor, including basement, of all proposed structures; (b) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;

(c) Certificate from a registered professional engineer or architect that any non-residential flood-proofed structure will meet the flood-proofing criteria in Article 4, § B (2);

(d) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development, and;

(2) Construction Stage.

For all new construction and substantial improvements, permittee shall provide as-built regulatory floor elevation or flood-proofing certification immediately after the lowest floor or flood-proofing is completed. The permit holder shall submit to the Zoning Enforcement Officer an as-built certification of the elevation of the lowest floor or flood-proofed elevation (in relation to mean sea level or highest adjacent grade whichever is applicable). Lowest floor certification relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to submission of these certifications shall be at the permit holder’s risk.

The Zoning Enforcement Officer shall review the above referenced

certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.


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3.3. Duties and Responsibilities of the Administrator.

Duties of the Zoning Enforcement Officer shall include, but shall not be limited to:

(1) Review all development permits to assure that the permit requirements of this ordinance have been satisfied; (2) Advise permittee that additional Federal or State permits may be required, and if specific Federal or State permit requirements are known, require that copies of such permits be provided and maintained on file.

(3) When Base Flood Elevation data or floodway data have not been provided in accordance with Article 2 Section B, then the Zoning Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, state or other source in order to administer the provisions of Article 4.

(4) Verify and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Article 3, Section B(2).

(5) Verify and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Article 3, Section B (2).

(6) When flood-proofing is utilized for a structure, the Zoning Enforcement Officer shall obtain design certification from a registered professional engineer or architect in accordance with Article 3(B)(2) and Article 4(B)(2).

(7) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

(8) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the Federal Emergency Management Agency to ensure accuracy of community flood maps. Assure flood carrying capacity of any altered or relocated watercourse is maintained.

(9) Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a


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conflict between a mapped boundary and actual field conditions) the Zoning Enforcement Officer shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (10) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Zoning Enforcement Officer and shall be open for public inspection.

4. Provisions for Flood Hazard Reduction.

4.1. General Standards. In all Areas of Special Flood Hazard the following provisions are required:

(1) New construction and substantial improvements of existing structures

shall be anchored to prevent flotation, collapse or lateral movement of the structure;

(2) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage;

(3) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage;

(4) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(5) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;


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(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; (9) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this ordinance, shall be undertaken only if the non-conformity is not furthered, extended or replaced.

4.2. Specific Standards.

In all Areas of Special Flood Hazard where base flood elevation data have been provided, as set forth in Article 2(B), Article 3, (C)(3), or Article 4(C), the following provisions are required:

(1) Residential Construction – New construction or substantial improvement of any residential structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 4, § B (4)-(Elevated Buildings).

(2) Non-Residential Construction – New construction or substantial improvement of any commercial, industrial, or non-residential structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.

Structures located in AE or AH zones, may be flood-proofed in lieu of elevation provided that all areas of the structure below the base flood elevation, plus one (1) foot, together with attendant utility and sanitary facilities, are designed to be water tight, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in Article 3, § C. (5)(6).

(3) Standards for Manufactured Homes and Recreational Vehicles – (a) All manufactured homes placed or substantially improved on (1) individual lots or parcels, (2) in new or substantially improved manufactured home


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parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred “substantial damage” as the result of a flood, must have the lowest floor including basement, elevated no lower than one feet above the base flood elevation.

(b) Manufactured homes placed or substantially improved in an existing manufactured home park or subdivision may be elevated so that either:

(i) The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation, or

(ii) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

(c) All manufactured homes must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. (ref. Article 4(A)(5) above)

(d) All recreational vehicles placed on sites must either:

(i) Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or

(ii) The recreational vehicle must meet all the requirements for “New Construction”, including the anchoring and elevation requirements of Article 4, § B (5)(a)(c), above.

(4) Elevated Buildings – New construction or substantial improvements of existing structures that include any fully enclosed area located below the base flood elevation formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:


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(i) Provide a minimum of two openings having a total net area of not less than

one square inch for every square foot of enclosed area subject to flooding;

(ii) The bottom of all openings shall be no higher than one foot above grade; and,

(iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both direction.

(b) So as not to violate the lowest floor criteria of this ordinance, the unfinished or flood resistant enclosure shall only be use for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area ,and

(c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

(5) Building Standards for Streams Without Established Base Flood Elevations and/or Floodway (A-Zones) –Located within the Areas of Special Flood Hazard established in Article 2, § B, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but Floodway have not been delineated, the following provisions apply:

(a) When base flood elevation data or floodway data have not been provided in accordance with Article 2(B), then the Zoning Enforcement Officer shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, state, or other source, in order to administer the provisions of Article 4. If data are not available from these sources, then the following provisions (b&c) shall apply: (b) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.


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(c) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. The Zoning Enforcement Officer shall record the lowest floor elevation level and the record shall become a permanent part of the permit file.

(6) Standards for Areas of Shallow Flooding (AO Zones) – Located within the Areas of Special Flood Hazard established in Article 2, § B, are areas designated as “AO” shallow flooding areas. These areas have base flood depths of one to three feet (1’-3’) above ground, no clearly defined channel, and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

(a) All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet (3) above the highest adjacent grade.

(b) Non-residential structures may be floodproofed rather than elevated, provided that, together with attendant utility and sanitary facilities, structures are completely flood-proofed to the specified FIRM flood level plus one (1) foot, above highest adjacent grade. Any space below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as stated in Articles 3(B)(2) and (4)(B)(2).

(c) Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

(6) Floodway – Located within Areas of Special Flood Hazard established in Article 2, § B, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

(a) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through


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hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer shall provide supporting technical data and certification thereof.

(b) ONLY if Article 4 (B)(6)(a) above is satisfied, then any new construction or substantial improvements shall comply with all other applicable flood hazard reduction provisions of Article 4. 4.3. Standards for Subdivision Proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and;

(4) Base flood elevation data shall be provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is less. 5. Variance Procedures.

(A) The Board of Zoning Appeals as established by the Board of Commissioners of Twiggs County, Georgia shall hear and decide requests for appeals or variance from the requirements of this ordinance.

(B) The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Zoning Enforcement Officer in the enforcement or administration of this ordinance.

(C) Any person aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Superior Court, Twiggs County, as provided in the Zoning Procedures Law (O.C.G.A. § 36-66 et seq.).


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(D) Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum to preserve the historic character and design of the structure.

(E) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(F) Variances shall not be issued within any designated floodway if ANY increase in flood levels during the base flood discharge would result.

(G) In reviewing such requests, the Board of Zoning Appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance.

(H) Conditions for Variances:

(1) A variance shall be issued ONLY when there is:

(i) a finding of good and sufficient cause,

(ii) a determination that failure to grant the variance would result in exceptional hardship, and; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(2) The provisions of this Ordinance are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.


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(3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

(4) The Zoning Enforcement Officer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(i) Upon consideration of the factors listed above and the purposes of this ordinance, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

6. Definitions.

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

“Addition (to an existing building)” means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered “New Construction”.

“Appeal” means a request for a review of the Zoning Enforcement Officer’s interpretation of any provision of this ordinance. “Area of shallow flooding” means a designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

“Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, areas of special flood hazard shall be those designated by the local community and referenced in Article 2, § B.


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“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

“Basement” means that portion of a building having its floor subgrade (below ground level) on all sides.

“Building” means any structure built for support, shelter, or enclosure for any occupancy or storage.

“Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and permanent storage of materials or equipment.

“Elevated building” means a non-basement building built to have the lowest floor of the lowest enclose area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

“Existing Construction” Any structure for which the “start of construction” commenced before August 23, 1994.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before August 23, 1994.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) the overflow of inland or tidal waters; or


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(b) the unusual and rapid accumulation or runoff of surface waters from any source.

“Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.

“Flood Insurance Rate Map (FIRM)” means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

“Flood Insurance Study” the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevation of the base flood.

“Floodplain” means any land area susceptible to flooding.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“Highest adjacent grade” means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

“Historic Structure” means any structure that is;

a. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register:

b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district: c. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or


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d. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior, or

2. Directly by the Secretary of the Interior in states without approved programs.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code.

“Manufactured home” means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

“Mean Sea Level” means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD).

“National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

“New construction” means ANY structure (see definition) for which the “start of construction” commenced after August 23, 1994 and includes any subsequent improvements to the structure.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 23, 1994.


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“Recreational vehicle” means a vehicle which is:

a. built on a single chassis;

b. 400 square feet or less when measured at the largest horizontal projection;

c. designed to be self-propelled or permanently towable by a light duty truck; and

d. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Start of construction” means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are NOT exempt from any ordinance requirements) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a 5 year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the


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structure prior to the improvement. The market value of the building should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred “substantial damage”, regardless of the actual amount of repair work performed.

For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project.

“Substantially improved existing manufactured home parks or subdivisions” is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

“Variance” is a grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance.

7. Severability.

If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.

Ordinance adopted on March 6, 1996. Adopted as Ordinance 96-01, March 6, 1996. Statutory References: 36-66 et seq. Editor’s Notes: 1. Thus in the original. “Lowest floor” should probably be contained in quotation marks. Cross References: § 830.100; § 830.210.


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Index Headings: Emergency Management and Disaster Prevention & Protection; Offenses & Penalties; Taxation, Revenue & Finance.


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Section 830.210: A resolution relating to flood insurance.

WHEREAS, Twiggs County wishes to establish eligibility in the National Flood Insurance Program and in order to do so must meet the requirements of [1910.3(a)][60.3A]1 of the Federal Insurance Administration Regulations.

NOW, THEREFORE, in order to determine which developments would

increase the flood hazard, the following measures shall be required within the jurisdictional limits of this community.

1. Permit Requirements No person shall erect, construct, enlarge, alter, repair, improve, move, or

demolish any building or structure without first obtaining a separate permit for each building or structure from the designated responsible person.

No man-made change to improved or unimproved real estate, including but

not limited to buildings or other structures, mining, dredging filling, grading, paving, excavation or drilling operations, shall be commenced until a separate permit has been obtained from the designated responsible person for each change.

No mobile home shall be placed on improved or unimproved real estate

without first obtaining a separate permit for each mobile home from the designated responsible person.

2. Application. To obtain a permit, the applicant shall first file a permit

application on a form furnished for that purpose. The form must be completed and submitted to the designated responsible person before the issuance of a permit will be considered.

3. Review of Applications. The Twiggs County Planning and Zoning Commission, hereinafter referred to

as the responsible person, is appointed as the “person” responsible for receiving applications and examining the plans and specifications for the proposed construction or development.


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After reviewing the application, the responsible person shall require any additional measures which are necessary to meet the minimum requirements of this document.

4. The responsible person shall review proposed development to assure that

all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, U.S.C. 1334.2

5. The responsible person shall review all permit applications to determine

whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone areas,3 all new construction and substantial improvements including the placement of prefabricated buildings and mobile homes) shall: (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure, (ii) be constructed with materials and utility equipment resistant to flood damage and (iii) be constructed by methods and practices that minimize flood damage;

6. The responsible person shall review subdivision proposals and other

proposed new development to determine whether such proposals will be reasonable3 safe from flooding. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood damage within the floor prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damaged,3 and (iii) adequate drainage is provided to reduce exposure to flood hazards:

7. The responsible person shall require within flood prone areas new and

replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and

8. The responsible person shall require within flood prone areas (i) new and

replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the system into flood waters and (ii) on-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.

9. Definitions.


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Unless specifically defined below, words or phrases used in this document shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this document its most reasonable application.

“Development” means any man-made change to improved or unimproved

real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

“Flood” means a general and temporary condition of partial or complete

inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any

source. “Flood plain” or “flood prone area” means any land area susceptible to being

inundated by water from any source (see definition of “flood”). “Mobile home” means a structure, transportable in one or more sections,

which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes but it is not limited to the definition of “mobile home” as set forth in regulations governing the Mobile Home Safety and Construction Standards Program (24 CFR 3282.7(a)).

“Person” includes any individual or group of individuals, corporation,

partnership, association, or any other entry,4 including State and local governments and agencies.

“Structure” means for flood plain management purposes, a walled roofed

building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home.

“Substantial improvement” means any repair, reconstruction, or improvement

of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the


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building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

“Variance” means a grant of relief by a community from the terms of a flood

plain management regulation. Adopted as Resolution 94-12, August 23, 1994. Statutory & Other References: See editor’s notes. Editor’s Notes: 1. In the typed original of this resolution, “1910.3(a)” appears. It was marked out by hand and replaced by “60.3A.” The correct citation appears to be 44 CFR 60.3. There is no 60.3A; 44 CFR 60.3(a) was probably intended. 2. Thus in the original. The correct citation appears to be 33 U.S.C. 1344. 3. Thus in the original. 4. Thus in the original. “Entities” was probably intended. Cross References: § 830.100; § 830.105; § 830.210. Index Headings: Emergency Management and Disaster Prevention & Protection.


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840.010: A Resolution authorizing to a volunteer fire department.

Whereas Twiggs County is subject to fires that destroy life and property; and Whereas a need for fire protection for its citizens is evident; and Whereas the County Commissioners recognize this need; it is hereby declared that Twiggs County shall have a county-wide Volunteer Fire Department and that such department shall be operated as a part of the Emergency Management Agency and supervised by the Director of the Emergency Management Agency, as the County Fire Chief;

And be it further declared that the Twiggs County Volunteer Fire Department shall be financed with county funds, along with state and federal grants that may be available, and a budget shall be submitted to the County Commissioners each year;

And be it further declared that all registered and trained volunteers shall have

the same immunities as officers and employees of the county and shall be covered by workman’s compensation and other insurance benefits as may be available from state and federal agencies;

And be it further declared that the county shall be divided into several districts

for the purpose of localized service areas, and that each district shall have a District Chief and line officers of Captain and Lieutenant;

And be it further declared that all volunteers shall adhere to the Rules and

Regulations of the Twiggs County Fire Department. And ordinances or resolutions inconsistent herewith are hereby repealed.

Adopted February 5, 2002. Cross References: § 275.210; § 810.100; § 810.110. Index Headings: Emergency Management and Disaster Prevention & Protection; Officers, County; Personnel, County; Public Health & Welfare.


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Appendix I: Authorizing Legislation

Act No. 163 (as amended), creating the Board of Commissioners of Roads and Revenues of Twiggs County O.C.G.A. Section 36-80-19, requiring codification of local Ordinances and Resolutions


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Act No. 163, An Act to Create a Board of Commissioners of Roads and Revenues for the County of Twiggs, consisting of five members; to prescribe their duties and fix their compensation; to prescribe their qualifications; to provide for the election of said commissioners; to provide for a clerk and attorney of said board and fix their compensation; to provide for the publication of quarterly reports of the acting and doing of said board; to provide for election of chairman, to provide for vacancies on said board, to prohibit any one connected with said board from any financial interest connected with any sale or purchase, to provide a penalty therefore, and for other purposes.

1. The governing authority of Twiggs County shall be a board of commissioners consisting of a chairman and four additional members who shall be elected as hereinafter provided in this Act. 2. (a) The chairperson of the board of commissioners may reside anywhere within Twiggs County and shall be elected by a majority of the qualified electors of Twiggs County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairperson shall have been a resident of Twiggs County for two years immediately preceding the date of election and shall remain a resident of said county during the term of office. The chairperson and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Twiggs County shall be divided into four commissioner districts as follows: Commissioner District No. 1 Twiggs County VTD: 0002 Hammock (Part)

Tract 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 Jeffersonville VTD: 0008 Smith (Part) Tract 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011Pearson 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236 Commissioner District No. 2 Twiggs County VTD: 0001 Bluff (Part)


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Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530

VTD: 0003 Higgsville and Shady Grove (Part) Tract: 0602.

Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 223, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 743, 474, 475, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 492, 493, 531

Commissioner District No. 3 Twiggs County VTD: 0001 Bluff (Part) Tract: 0601.98

Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266

Tract: 0602. Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526

VTD: 0003 Higgsville and Shady Grove (Part) Tract: 0602.

Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339


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VTD: 0011 Pearson 2 (Part) Tract: 0601.98

Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390

Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523

Commissioner District No. 4 Twiggs County VTD: 0002 Hammock (Part) Tract: 0601.98

Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408

VTD: 0006 Pearson 1 VTD: 0008 Smith (Part) Tract: 0601.98

Block(s): 116, 117, 118, 119, 120, 121, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430

(b) For the purpose of this section:

(1) The terms ‘Tract,’ ‘Block,; and ‘VTD’ shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;

(2) The term ‘Precinct’ is synonymous with the term ‘voting precinct’ and

means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of O.C.G.A., within which all electors vote at one polling place;

(3) Precinct names and designations following VTD designations are included

for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the


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boundaries of the following named precinct, the geographical boundaries of the VTD as shown on the census maps for the United Stated decennial census of 1990 for the State of Georgia shall control;

(4) Any part of Twiggs County which is not included in any commissioner

district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and

(5) Any part of Twiggs County which is described in this section as being

included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the last population according to the United States decennial census of 1990 for the State of Georgia.

3. A candidate for commissioner other than the chairman, hereinafter referred to as district commissioner, shall have been a resident of the commissioner district for which the candidate is offering for at least one year and of Twiggs County for at least two years prior to the election. A district commissioner shall remain a resident of the respective commissioner district during the term for which elected. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering. The chairman and all other members of the board shall be nominated and elected pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the ‘Georgia Election Code.’ 4. Those members serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected. At the general election in November, 1996, the four members of the board shall be elected from the commissioner districts provided for in Section 2 of this Act for terms of four years beginning January 1, 1997, and until their successors are elected and qualified. The chairman shall be elected as provided in Section 2 of this Act at the general election in November, 1996, for a term of four years and until a successor is elected and qualified. Thereafter, successors to the chairman and the four members of the board elected from commissioner districts shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.


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5. The chairman of the board of commissioners shall preside at meetings of the board and sign all orders and processes of the board. The chairman shall have such other powers and duties as may be delegated to said officer by the board. The chairman shall be a full-voting member of the board. 5.1. The board of county commissioners shall not meet or conduct any official business on Sunday unless such Sunday meeting is deemed necessary and approved by a majority of the members at least 72 hours prior to the date of such meeting and unless prior notice of such meeting is given as provided by law. 6. (a) A vacancy in the office of chairman or district commissioner which occurs more than six months prior to the expiration of a term of office shall be filled as provided in this subsection (a). (1) In the case of a vacancy in the office of chairman, a successor shall be elected by the voters of the county at large at a special election held for that purpose. (2) In the case of a vacancy in the office of a district member, a successor shall be elected by the voters of that commissioner district at a special election held for that purpose. (b) A vacancy in the office of chairman or district member which occurs six months or less prior to the expiration of a term of office shall be filled by the remaining members of the board selecting a person to fill the vacancy; and such selection shall be made within 15 days after the vacancy occurs. (c) Any person selected to fill a vacancy under this section must meet the qualifications specified by this Act for the office and shall serve for the remainder of the unexpired term. The election superintendent of Twiggs County shall upon being notified of a vacancy by the board call and conduct any special election required by this section. 7. Be it further enacted by the authority aforesaid, That the members of the board of commissioners provided for under this Act shall always, before entering upon the discharge of the duties of their office, take and prescribe the following oath before the ordinary of said county, which is to be recorded in the book of minutes kept by the board of commissioners, to wit: “I do solemnly swear that I will faithfully discharge the duties of Commissioners of Roads and Revenues of the County of Twiggs, and will to the best of my knowledge, skill, and ability, endeavor


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to promote the welfare and prosperity of the entire County of Twiggs, and will do so without fear, favor or affection, so help me God.” And each commissioner shall furthermore, before entering upon the discharge of the duties of his office, give bond and good security in some approved surety company, premiums on said bonds to be paid out of the county treasury and approved by the ordinary of said County of Twiggs in the sum of three thousand dollars, payable to the Governor of the State and his successors in office, for the faithful discharge of his duties as such Commissioner of Roads and Revenues for said County of Twiggs, which bond when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. The Governor of the State upon the election or appointment of a commissioner shall issue to him a commission for the term of office for which he shall be elected, named or appointed, as in case of other county officers. 8. (a) The chairperson of the board of commissioners shall receive an annual base salary of $7,800.00 payable in equal monthly installments from the funds of Twiggs County. (b) Each member of the board other than the chairperson shall receive an annual salary of $5,400.00 payable in equal monthly installments from the funds of Twiggs County. 9. (a) Except as otherwise provided in subsection (b) of this section, in addition to compensation provided for in Section 8 of this Act, the chairperson and other members of the board shall be reimbursed for actual expenses, including expenses for lodging and meals, incurred by them in carrying out their official duties within and outside the county, but within the state, including attendance at seminars or other training meetings for county officials; provided, however, that the chairperson and other members shall be required to submit to the board an itemized, verified account of any such expenses; and provided, further, that except for as otherwise provided in subsection (b) of this section, neither the chairperson nor any other member of the board shall be reimbursed more than $1,800.00 per annum for actual expenses incurred in carrying out his or her duties. When using their personal automobiles in traveling on official business outside the county, the chairperson and all other members shall be reimbursed for travel expenses at the legal mileage rate authorized under Code § 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Twiggs County.


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(b) A member of the board of commissioners, including the chairperson, may expend additional funds paid from county funds in the case of an emergency, incurring additional travel expense, or some other cause, provided that such expenditure of funds is approved by a majority of the members of the board of commissioners. 10. Be it further enacted by the authority aforesaid, That said commissioners shall employ a clerk at a salary be $150.00 per month. It shall be the duty of said clerk to be the bookkeeper of said board, and he shall do such other clerical work as shall be necessary in carrying on the work of said office; said board shall make it the duty of said clerk to attend all meetings of said board, and to keep a full, clear and complete record of all its proceedings, and to keep on file and preserve all papers relating to its business; said clerk shall also keep a book known as the “Property Book” and a book to be known as “Book of Commutation Taxpayers” of said county, all of which said books shall be open to public inspection at any time; said clerk shall keep a book known as a “Record of County Vouchers,” which shall be open to public inspection. The clerk before entering upon his duties shall take a like oath to that prescribed for the commissioners, which shall be recorded on the minutes to be kept by said board of commissioners, and the clerk shall furthermore before entering upon the discharge of the duties of his office give bond and good security in some approved surety company, the premium on said bond to be paid out of the county treasury and approved by the ordinary of said County of Twiggs in the sum of three thousand dollars, payable to the Board of Commissioners of Roads and Revenues of Twiggs County and their successors in office, which bond, when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. 11. Be it further enacted by the authority aforesaid, That said commissioners during their term of office shall be exempt from militia, road or jury duty. 12. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of said county shall have the right and power to employ a physician for the purpose of giving medical attention and aid to the jail prisoners, paupers of the county, convicts of the county and any other matters requiring his services as a physician, and that the commissioners of roads and revenues shall have the right and authority to fix his compensation. 13. The board of county commissioners is authorized to retain and employ a competent attorney at law as a county attorney and pay such attorney a retainer fee not to exceed $150.00 per annum, to be paid quarterly out of the county funds of


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Twiggs County. In retaining such county attorney, preference shall be given to those attorneys who are residents of Twiggs County. Such attorney shall receive such other compensation as may be agreed upon by such attorney and the board of commissioners. It shall be the duty of the county attorney to represent the county in all legal matters in which the county may be interested and said attorney shall be the legal adviser of the board of commissioners and shall attend the meetings of the board of commissioners when requested to do so by theh board of commissioners. 14. Be it further enacted by the authority aforesaid, That said board of commissioners shall go over and carefully audit every account, bill or other item of indebtedness which may be presented against the county from any source and approve or disapprove the same; and it shall be necessary for at least three members of said board of commissioners to sign all checks, warrants or vouchers which may be necessary for the payment of all items of indebtedness against the county, and for all appropriations and purchases made and approved by said board, before the same shall become a legal demand upon the county. The treasurer or county depository of Twiggs County shall not pay any warrant, check or voucher by said board, unless the same shall have been signed by at least three members thereof. 15. The board shall have published each quarter of the year in the official county organ, not later than 45 days after the end of said quarter, a statement of the total receipts and disbursements made by each department of county government according to account title during such preceding quarter. The board shall make available, upon request, an itemized list of individual receipts and disbursements made by each department of county government during such preceding quarter, evidencing the number and amount of each voucher or check, the payee named therein, and the purpose for which given. Such itemized list shall be available during regular office hours at the office of the governing authority. Copies of such records shall be made available upon payment of a reasonable fee to cover the cost of copying. 16. Be it further enacted by the authority aforesaid, That said board of commissioners shall have authority to use all the convict labor on the public roads of the county distributing such labor as equitably and justly as possible, and shall have the right to secure convicts from other counties under the legal provisions of the State, or to dispose of the Twiggs County convicts in conformity with law, as they deem necessary and expedient. Said board of commissioners shall have the right to employ free labor for the purpose of working the public roads of the county whenever they shall deem it for the best interest of the county, which free labor shall be under control of said board.


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Section 17. The Board of Commissioners of Twiggs County shall hold its regular meetings on the first and third Tuesdays of each month at the county seat. The board may hold additional meetings when necessary to conduct the affairs of the county upon the approval or request of a majority of the members of the board. The procedures for such special meetings are to be established by the Commissioner’s of the Board by resolution. 17A. The Board of Commissioners of Twiggs County shall be authorized to purchase group accident and sickness insurance to cover members of the board and county employees. 18. Be it further enacted by the authority aforesaid, That a majority of said commissioners shall constitute a quorum, which shall be necessary to pass any order or transact any business. 19. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as they deem expedient and to the best interest of the county, and in accordance with the laws of this State; in levying taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, bridges and ferries, according to law; in establishing, abolishing or changing election precincts and militia districts; in supervising the tax collector’s and tax receiver’s books, and in allowing the insolvent list of the County of Twiggs, in settling all claims, charges and demands against the County of Twiggs, in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Twiggs County or appropriated for its use or benefit, and bringing all such officers to settlement, in making rules and regulations for the promotion of public health, in electing or appointing all minor officers of said county where in election is not otherwise provided for by law or the provisions of this Act, and to have and exercise control and management over the convicts of said county, according to the laws of this State, and to have and exercise all the powers as would be vested in the ordinary of said county when sitting for county purposes in the absence of this Act. And to exercise such other powers as are granted by law or as are indispensable to their jurisdiction over county matters and county finances. Provided, that no assessment should be made for commutation road tax exceeding three dollars per annum, one-half of sum to be collected in spring and one-half in fall of each year.


779

20. Be it further enacted by the authority aforesaid, That said board of commissioners of roads and revenues shall within twelve months after assuming the duties of their office have the books and accounts of the tax collector, tax receiver, sheriff, superintendent of public schools and the board of commissioners of roads and revenues hereby created, audited by some certified public accountant of this State and the same shall be audited once every twelve months thereafter. 21. Be it further enacted by the authority aforesaid, that said board of commissioners of roads and revenues of said county shall cause the convict gang of said county to work the public streets of the various incorporated towns or municipalities of said County of Twiggs which are continuations of the public roads of said county, leading into or through the said incorporated towns or municipalities aforesaid. 22. Be it further enacted by the authority aforesaid, That all the books, records, documents, files and properties of the present board of commissioners of said county shall be by them delivered to the board created by this Act immediately upon the qualification of the members of the Board of Commissioners named in this Act. 23. Be it further enacted by the authority aforesaid, That it shall be a misdemeanor for any member of said board of commissioners, their clerical assistant, or any one serving under them or any one employed or elected by them, to have any financial interest in the sale or purchase of any article sold to or bought from the county or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any supplies for said county, awarding any contract for said county, or the employment of any one whose salary is to be paid from the funds of the county, and upon conviction shall be punished as for a misdemeanor. 24. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved July 27, 1923; amended by Act No. 362, March 18, 1943, striking the former section 3 hereof and inserting a new section 3 in lieu thereof (increasing the terms of commissioners from two to four years); amended by Act No. 427 (House Bill 647), January 2, 1949, striking the former section 3 hereof and inserting a new section 3 in lieu thereof (revising the terms of elections); amended by Act No. 611 (House Bill 871), striking former section 2 and inserting in lieu thereof new section 2; amended by Act No. 200 (House Bill 388), February 19, 1951, striking the former


780

sections 8, 9, and 10 and inserting new sections 8, 9, and 10 in lieu thereof; amended by Act No. 280 (Senate Bill 149), April 5, 1961, striking the former sections 8, 9, and 10 and inserting new sections 8, 9, and 10 in lieu thereof; amended by Act No. 141 (House Bill 554), March 26, 1969, striking former sections 8 and 9 and inserting new sections 8 and 9 in lieu thereof; amended by Act No. 469 (House Bill 919), March 23, 1977, striking former sections 8, 9, and 17 and inserting new sections 8, 9, 17, and 17A in lieu thereof; amended by Act No. 875 (House Bill 1960), March 13, 1978, by inserting new section 3A; amended by Act No. 886 (House Bill 1843), March 30, 1982, striking former sections 8 and 9 and inserting in lieu thereof new sections 8 and 9; amended by Act No. 879 (House Bill 1610), March 30, 1982, striking former sections 1 through 6, 8, and 9, and inserting in lieu thereof new sections 1, 2, 3, 4, 5, 6, 8, and 9; amended by Act No. 756 (House Bill 1204), March 12, 1984, former striking section 6 and inserting in lieu thereof new section 6; amended by Act No. 625 (House Bill 1244), February 26, 1992, striking former sections 2 and 4 and inserting in lieu thereof new sections 2 and 4; amended by Act No. 699 (House Bill 2139), April 1, 1992, striking former section 4 and inserting in lieu thereof new section 4; amended by Act No. 707 (House Bill 1254), April 6, 1992, by striking former section 13 and inserting in lieu thereof new section 13, and by adding a new section 5.1; amended by Act No. 58 (House Bill 757), March 4, 1993, striking former sections 2 and 4 and inserting in lieu thereof new sections 2 and 4; amended by Act No. 749 (House Bill 1902), March 24, 1994, striking former sections 8, 9, and 15,and inserting in lieu thereof new sections 8, 9, and 15; amended by HB 1855, March 9, 1998, striking former sections 8 and 9 and inserting in lieu thereof new sections 8 and 9; amended by House Bill 555, March 16, 1999, striking former sections 8 and 9 and inserting in lieu thereof new sections 8 and 9; amended by Ordinance 99-1, May 18, 1999 (codified herein as § 205.101), striking former section 17 and inserting in lieu thereof new section 17 .


781

O.C.G.A. Section 36-80-19: An act requiring the general codification of ordinances and resolutions; publication and availability of code; and establishing an official state repository for general codifications. (a) As used in this Code section, the term: (1) “Local governing authority” means the governing authority of each municipality and county in this state. (2) “State Law Library” means the State Law Library provided for under Chapter 11 of Title 50. (b) (1) Each local governing authority shall, no later than January 1, 2002, provide for the general codification of all the ordinances and resolutions of that unit of local government having the force and effect of law. Except as provided in paragraph (2) of this subsection, the general codification shall be adopted by such local governing authority by ordinance and shall be published promptly, together with all amendments thereto and such local Acts of the General Assembly pertaining to the governing authority, codes of technical regulations, and other rules and regulations as the local governing authority may specify. This compilation shall be known and cited officially as “The Code of _________, Georgia.” (2) In cities having a population of 5,000 or less according to the most recent federal decennial census, the governing authority may at its discretion substitute a compilation of ordinances and resolutions for the codification required under paragraph (1) of this subsection. In such case, the compiled ordinances and resolutions shall, at a minimum, be arranged in a logical manner, such as by date, and should preferably include an index or other finding acts. In such case, the compilation shall be known as “The Compiled Ordinances and Resolutions of _________, Georgia” and shall be distributed and made available in the same manner provided in this Code section for codifications. (3) Copies of the code, at the discretion of the local governing authority, shall be furnished to officers, departments, and agencies of the local governing authority. The code shall be made available for purchase by the public at a reasonable price as fixed by the local governing authority. Amendments to a code shall be incorporated into the general codification and published at least annually. (c) The local governing authority shall cause each ordinance and each amendment to the general codification to be printed promptly following its adoption,


782

and the printed ordinances and amendments shall be made available for purchase by the public at reasonable prices to be fixed by the local governing authority. Following publication of the first code under this Code section and at all times thereafter, the ordinances and amendments shall be printed in substantially the same style as the code currently in effect in such unit of local government and shall be suitable in form for incorporation therein. The local governing authority shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. (d) Each such general codification shall be: (1) Made available by posting such codification on the Internet; or (2) Furnished promptly as a copy to the State Law Library which shall be the official state repository for such general codifications; and (3) In counties which have established a county law library, furnished as a copy to the county law library. Adopted by the Georgia General Assembly, 2000, as Senate Bill 295, effective July 1, 2000.


783

Appendix II: Statutes & Other Authorities Cited

Authority Cited Cited herein at Section(s) Provisions of the Georgia Constitution Article 6, § 7, ¶ 5 210.100 Article 9, § 1, ¶ 1 830.100 Article 9, § 2, ¶ 1 100.205, 205.101, 550.200 Article 9, § 2, ¶ 3 810.110 Article 9, § 2, ¶ 4 253.100, 650.100 Article 9, § 3, ¶ 1 210.100 Provisions of the Official Code of Georgia, Annotated 1-3-3 690.400 2-10-105 310.003 3-3-23 425.100, 425.101 4-8-20 450.101 4-8-20 et seq. 450.102 4-8-25 450.102 6-40 et seq. 475.201 8-2-26 650.320 8-2-110 650.100 8-2-130 650.410 8-2-130 et seq. 650.415 8-2-131 650.100 10-4-10 650.100 12-2-8 650.100, 690.520 12-4-70 et seq. 650.100, 690.510, 690.515 12-5-7 690.400 12-5-20 et seq. 510.011, 690.100, 690.520 12-5-280 et seq. 650.100 12-5-440 et seq. 650.100, 690.520 12-6-22 650.100 12-7-1 et seq. 650.100, 690.520 12-8-20 675.400


784

12-8-20 et seq. 675.310 12-8-22 650.100 12-8-39.3 675.319 12-8-39.3 675.319 12-8-62 650.100 14-3-140 675.350 14-3-831 675.350 14-3-860 et seq. 675.350 15-10-1 450.101 15-10-1 et seq. 475.301 15-10-4 450.103, 475.401, 510.010 15-10-60 435.010, 475.402 15-10-60 et seq. 410.100, 680.100 15-10-62 225.101 15-10-63 225.101 15-10-64 212.105 15-10-65 212.105 15-10-66 212.105 15-21-90 et seq. 330.001 15-21-94 330.001 15-22-1 et seq. (repealed) 400.110 16-13-21 435.010 16-13-49 480.100 31-3 et seq. 550.201 31-3-5.2 690.400 31-5 et seq. 550.201 31-3-5.1 660.310, 651.311, 650.415 31-7-12 650.100 32-6-70 et seq. 625.401 33-8-8 et seq. 310.003 33-8-8.2 310.002, 660.100 34-9 et seq. 275.210 34-9-1 275.220 36-1-20 301.003, 475.201, 475.301 36-1-21 275.500 36-13-1 660.315 36-13-11 660.311, 660.315 36-13-12 660.311, 660.315 36-15-7 100.101 36-15-9 100.101


785

36-35-3 280.100 36-62-1 et seq. 750.510, 750.520 36-66-1 650.100 36-66-1 et seq. 205.099, 650.100, 830.105 36-66-3 650.075 36-66-4 650.099 36-70-1 200.050 36-70-5 650.100 36-70-26 200.050 36-71-2(8) 310.003 36-72-1 et seq. 650.100 36-80-19 100.100, 100.101 36-81 et seq. 100.205 38-3-57 810.130 44-3-70 et seq. 650.100 46-3-1 et seq. 310.003 46-5-133 820.020 46-5-134 820.020, 820.025 46-5-136 820.010 46-7-15 310.003 48-5 et seq. 251.102 48-5-23 350.002 48-5-48.2 340.001 48-5-262 251.200 48-5-355 310.003 48-5-356 310.003 48-5-490 et seq. 650.410 48-6-93 310.001, 310.002, 310.003, 660.100 48-13-1 et seq. 310.002, 660.100 48-13-5 et seq. 310.003 66-36 et seq. 650.055 85-36 et seq. 210.100


786

Other Georgia Authorities Cited 1988 Utility Accommodation Policies and

Standards, Georgia Department of Transportation 550.202, 550.203 Georgia Laws 1923, Act No. 163 100.205, 205.101 Ga. Comp. R. & Regs. 391-3-16 650.100 Georgia State Energy Code 650.330 Provisions of Federal Authorities 15 USC 1701 et seq. 690.100 21 USC 812 275.503 26 USC 170 675.350 26 USC 401 275.411 26 USC 415 275.410 26 USC 501 675.350 26 USC 509 675.350 33 USC 1342 et seq. 650.100 33 USC 1344 690.100, 830.210 42 USC 401 et seq. 275.420 42 USC 3601 et seq. 650.100 42 USC 6901 et seq. 675.201 PL 90-448 690.100 PL 91-596 660.100 PL 94-580 650.100 PL 99-272 275.301 68 Stat. 923 650.100 100 Stat. 222, Tit. X, § 10001 et seq. 275.301, 275.500 100 Stat. 3359 275.500 102 Stat. 4304 275.500


787

14 CFR 77 650.100 21 CFR 1300.11 et seq. 275.503 24 CFR 3282.7(a) 830.210 40 CFR 261.3 650.100 44 CFR 60.3 830.100, 830.210 47 CFR 78 575.101 49 CFR 29 275.501 49 CFR 40 275.501 49 CFR 654 275.501


788

Other Authorities Cited CABO Model Energy Code 650.320, 650.330 CABO One and Two Family Dwelling Code 650.320, 650.330 Hydrologic Atlas 18 (1989 edition) of the Georgia Department of Natural Resources 650.100 Hydrologic Atlas 20 (1992 edition) of the Georgia Department of Natural Resources 650.100 National Electric Code 650.320, 650.330 Standard Building Code 650.320, 650.330 Standard Fire Prevention Code 650.320, 650.330 Standard Gas Code 650.320, 650.330 Standard Mechanical Code 650.320, 650.330 Standard Plumbing Code 650.320, 650.330 Unsafe Building Abatement Code 650.320 U.S. Fish and Wildlife Service National Wetlands Inventory Maps 650.100 A length sequence of cases and local ordinances is cited at Section 505.200, subsection 2.2.


789

Appendix III: Twiggs County Organizational Chart (Unofficial)


790

Appendix IV: Building Permit Fee Schedule

Effective January 6, 1999

Rezonings $125.00 Plus $30 for 2 weeks of advertisement

Variances $125.00 Conditional Uses $125.00 Home Occupations Permit $35.00 Zoning Compliance $35.00 NO building permit is required for any construction less than $1000 Outdoor Advertising Sign $25.00 Exemption Certificate (Plumbing) $25.00 Moving Structure on Highway $100.00 Demolition Permit $50.00 Swimming Pool Permit $35.00 ALL permit fees double if permit is issued after construction begins PLATS 1. Preliminary Plat (per lot) $4.00 2. Final Plat (per lot) $6.00 SOIL EROSION CONTROL PERMIT (Disturbed Area) 1. 1.1 – 5.0 Acres $150.00 2. 5.1 – 10.0 Acres $300.00 3. 10.1 – 50.0 Acres $450.00 4. 50.1 – 100 Acres $600.00 5. 100+ Acres $750.00 APPLICATION FEES ARE NONREFUNDABLE RESIDENTIAL SITE BUILT 1. Heated Area $0.13 2. Unheated Area $0.05 3. Bathroom or Half Bathrooms $10.00 ea $25 fee for nonpermitted inspections


791

MANUFACTURED HOUSING 1. Singlewide ($100 Minimum) $0.12 sf 2. Doublewide ($100 minimum ) $0.12 sf COMMERCIAL 1. Apartments, Hotels, Convalescent Home $0.15 sf 2. Office, Retail Store, Theater $0.13 sf 3. Service Station, Restaurant $0.16 sf 4. Factory – Industrial, Warehouse $0.05 sf 5. Hospital $0.20 sf 6. Educational $0.12 sf 7. Church $0.05 sf 8. Auto Parking Garage $0.08 sf OTHER 1. Pole Barn (Open Sided) $0.02 sf 2. Barns or Detached Garage, or Utility Buildings $0.06 sf 3. Single Use Agricultural Buildings $0.01 sf 4. Miscellaneous (See Exhibit A)* ALL FEES WILL BE ROUNDED TO THE NEXT DOLLAR *Editor’s Note: “Exhibit A” has not been found.


792

Comparative Table I: Sections, Original Enactment Dates, & Original

Ordinance/Resolution Number, in Section Number Order Section Date Enacted Ordinance/Resolution Number 100.101 May 7, 2002 100.205 September 23, 1999 Ordinance 6 (99-6?) 200.050 February 1, 2000 Resolution 2000-1 201.101 June 18, 1996 Ordinance 96-02 205.099 May 23, 1994 Resolution 94-9 205.100 October 4, 1997 205.101 May 18, 1999 Ordinance 99-1 205.102 January 2, 2001 (Adopted as an unnumbered “rule”) 205.200 July 19, 2001 210.100 December 7, 1993 212.105 June 19, 1990 212.110 November 5, 2002 215.100 January 19, 1993 215.101 January 19, 1993 215.100 215.200 June 3, 1997 Resolution 96-12 225.101 February 1, 2000 Ordinance 2000-2 225.102 February 20, 2001 Ordinance 2001-1 251.101 November 3, 2000 Resolution 2000-14 251.102 February 7, 2006 252.110 December 1, 1998 Ordinance 98-1 251.200 July 17, 2007 253.100 December 7 , 1999 Ordinance 99-8 253.200 2001 260.100 March 16, 2004 275.110 275.210 February 1, 1994 Resolution 94-3 275.220 August 1, 1995 Resolution 95-08


793

275.301 October 21, 1986 Resolution 86 275.410 July 20, 1993 275.411 December 6, 2005 275.415 May 7, 2002 275.420 October 1, 1996 Resolution 96-08 275.500 March 5, 2002;

Amended June 25, 2002; Amended August 20, 2002; Amended December 7, 2004; Amended July 17, 2007; Amended December 18, 2007; Amended February 20, 2008 275.502 April 20, 2004 275.503 November 15, 2005 275.510 275.511 1986 Resolution 86-1 275.515 June 16, 1998 (Adopted as an unnumbered “rule”) 275.520 January 16, 2001 Resolution 2001-3 280.010 August 3, 2010 310.001 September 20, 1983 Resolution 8/83 310.002 November 6, 2001 Resolution 01-5 310.003 December 18, 2001; Amended September 19, 2006 320.001 December 16, 1997 Resolution 97-6 330.001 October 3, 1989 340.001 April 1, 2003 340.100 December 21, 2005 350.001 December 7, 2004 350.002 November 2, 2010 400.110 June 1, 1983 410.100 February 6, 1990 Ordinance 1990-1 425.100 June 17, 1986; Amended August 1, 2006 425.101 April 7, 2009 435.010 December 21, 2010 450.101 October 18, 1988 450.102 1989? 450.103 June 15, 1993 Ordinance 93-3 475.101 March 21, 1995 Ordinance 95-01 475.201 1984? Ordinance 84-2


794

475.301 1987? 475.401 February 15, 2000 Ordinance 2000-3 475.402 March 20, 2001 Ordinance 2001-02; Amended May 7, 2002 480.100 March 5, 2002 490.100 May 4, 2004 505.101 May 2, 1995 Ordinance 95-2 505.200 April 3, 2007 510.010 June 15, 1993 Ordinance 93-2 510.012 October 5, 1999 Ordinance 99-7 510.011 June 22, 1999 Ordinance 99-2 550.200 August 21, 2007 550.201 November 4, 1986 550.202 August 18, 1992;

Amended May 18, 1993 550.203 February 5, 2002 575.101 April 21, 1987 575.102 June 6, 1989 575.103 August 23, 1994 575.104 March 7, 2000 Resolution 2000-2 610.010 April 2, 2002 620.010 November 4, 2008 620.011 November 11, 2009 625.101 February 19, 1991 625.102 June 3, 1997 Ordinance 97-01; Amended October 7, 1997 Ordinance 97-03 625.103 October 7, 1997 Ordinance 97-03 625.201 625.202 625.250 September 20, 2005 625.301 December 29, 2000 Resolution 2000-19 625.401 February 20, 1981 650.050 October 4, 1983 650.055 March 5, 1991 650.075 August 18, 1992 650.100 November 15, 2001; Amended July 20, 2004; Amended November 11, 2009 650.410 November 2, 1971 Resolution 55 650.415 April 21, 1987


795

650.420 May 21, 2002 660.100 December 4, 2001 660.310 June 17, 1986 Resolution 86-6 660.311 April 21, 1987 660.315 660.320 December 16, 1997 Ordinance 97-4 660.330 December 16, 1997 Ordinance 97-5 675.110 June 10, 1975 675.120 June 10, 1975 675.201 March 3, 1981 675.310 November 3, 1993 675.316 January 19, 1993 675.317 January 25, 1994;

Amended May 16, 1995 Ordinance 95-03 675.318 May 16, 1995 Ordinance 95-03;

Amended August 19, 1997 Ordinance 97-02 675.319 August 19, 1997 Ordinance 97-02 675.350 January 28, 1999 Resolution 99-2;

(corporate papers signed November 20, 1998; filed March 25, 1999); Amended February 16, 1999 Resolution 99-3;

Amended February 22, 1999 Resolution 99-4 675.351 February 16, 1999 Resolution 99-3 675.352 February 22, 1999 Resolution 99-4 675.400 September 23, 1994 Resolution 94-14;

(“ratified” October 4, 1994) 675.500 July 5, 2005 675.501 November 15, 2005 680.100 September 7, 1993 Ordinance 93-4 690.100 February 24, 2004 690.400 December 7, 2010 690.510 June 1, 1977 690.515 October 18, 1988 690.520 1989? 690.600 March 16, 2004 690.610 August 1, 2006 690.700 November 6, 2007 750.510 February 7, 1995 Resolution 95-00;

amended December 5, 1995 Resolution 95-11 750.520 January 5, 1999 Resolution 99-1 810.100 April 6, 1999 Resolution 99-7


796

810.110 October 16, 2001 810.120 January 21, 2002 810.130 July 18, 2006 820.010 February 3, 1998 Resolution 98-2 820.015 February 3, 1998 Resolution 98-3 820.020 May 2, 2000 Resolution 2000-3 820.025 May 21, 2002 830.100 August 23, 1994 830.105 March 6, 1996 Ordinance 96-01 830.210 August 23, 1994 Resolution 94-12 840.010 February 5, 2002


797

Comparative Table II: Sections, Original Enactment Dates, & Original Ordinance/Resolution Number, in Date Order

Date Enacted Section Ordinance/Resolution Number November 2, 1971 650.410 Resolution 55 June 10, 1975 675.110 June 10, 1975 675.120 June 1, 1977 690.515 February 20, 1981 625.401 March 3, 1981 675.201 June 1, 1983 400.110 September 20, 1983 310.001 Resolution 8/83 October 4, 1983 650.050 1984? 475.201 Ordinance 84-2 1986? 275.511 Resolution 86-1 June 17, 1986 425.100 June 17, 1986 660.310 Resolution 86-6 October 21, 1986 275.301 Resolution 86 November 4, 1986 550.201 1987? 475.301 April 21, 1987 660.311 April 21, 1987 575.101 April 21, 1987 650.415 October 18, 1988 450.101 October 18, 1988 690.515 1989? 450.102 1989? 690.520 June 6, 1989 575.102


798

October 3, 1989 330.001 February 6, 1990 410.100 Ordinance 1990-1 June 19, 1990 212.105 February 19, 1991 625.101 March 5, 1991 650.055 August 18, 1992 650.075 August 18, 1992 550.202 January 19, 1993 215.101 January 19, 1993 675.316 May 18, 1993 550.202 (amend) June 15, 1993 275.410 June 15, 1993 510.010 Ordinance 93-2 June 15, 1993 450.103 Ordinance 93-3 July 20, 1993 275.410 September 7, 1993 680.100 Ordinance 93-4 November 3, 1993 675.310 December 7, 1993 210.100 January 25, 1994 675.317 February 1, 1994 275.210 Resolution 94-3 May 23, 1994 205.099 Resolution 94-9 August 23, 1994 575.103 August 23, 1994 830.100 August 23, 1994 830.210 Resolution 94-12 September 23, 1994 675.400 Resolution 94-14 “adopted” October 4, 1994 675.400 Resolution 94-14 “ratified” October 4, 1994 650.100 (amend);

650.101 (enact) February 7, 1995 750.510 Resolution 95-00 March 21, 1995 475.101 Ordinance 95-01 May 2, 1995 505.101 Ordinance 95-2 May 16, 1995 675.317 (amend); Ordinance 95-03

675.318 (enact) August 1, 1995 275.220 Resolution 95-08 December 5, 1995 750.510 (amend) Resolution 95-11


799

March 6, 1996 830.105 Ordinance 96-01 June 18, 1996 201.101 Ordinance 96-02 October 1, 1996 275.420 Resolution 96-08 June 3, 1997 215.200 Resolution 96-12 June 3, 1997 625.102 Ordinance 97-01 August 19, 1997 675.318 (amend); Ordinance 97-02

675.319 (adopt) October 4, 1997 205.100 October 7, 1997 625.102 (amend); Ordinance 97-03 625.103 (adopt) December 16, 1997 650.320 Ordinance 97-4 December 16, 1997 650.330 Ordinance 97-5 December 16, 1997 320.001 Resolution 97-6 February 3, 1998 820.010 Resolution 98-2 February 3, 1998 820.015 Resolution 98-3 June 16, 1998 275.515 (Adopted as an unnumbered

“rule”) (November 20, 1998 675.350 Corporate papers signed;

formalized by Resolution 99-2, adopted on January 28, 1999)

January 5, 1999 750.520 Resolution 99-1 January 28, 1999 675.350 Resolution 99-2 February 16, 1999 675.351 Resolution 99-3 February 22, 1999 675.352 Resolution 99-4 (March 25, 1999 675.350 Corporate papers filed with

Secretary of State) April 6, 1999 810.100 Resolution 99-7 May 18, 1999 205.101 Ordinance 99-1 June 22, 1999 510.011 Ordinance 99-2 September 23, 1999 100.205 Ordinance 6 (99-6?) October 5, 1999 510.012 Ordinance 99-7 December 7 , 1999 253.100 Ordinance 99-8 February 1, 2000 225.101 Ordinance 2000-2 February 1, 2000 200.050 Resolution 2000-1 February 15, 2000 475.401 Ordinance 2000-3


800

March 7, 2000 575.104 Resolution 2000-2 May 2, 2000 820.020 Resolution 2000-3 November 3, 2000 251.101 Resolution 2000-14 December 29, 2000 625.301 Resolution 2000-19 2001? 253.200 January 2, 2001 205.102 (Adopted as an unnumbered

“rule”) January 16, 2001 275.520 Resolution 2001-3 February 20, 2001 225.102 Ordinance 2001-1 March 20, 2001 475.402 Ordinance 2001-02 July 19, 2001 205.200 October 16, 2001 810.110 November 6, 2001 310.002 Resolution 2001-5 November 15, 2001 650.100 December 4, 2001 660.100 December 18, 2001 310.003 February 5, 2002 550.203 February 5, 2002 840.010 February 21, 2002 252.110 March 5, 2002 275.500 March 5, 2002 480.100 April 2, 2002 610.010 May 7, 2002 100.101 May 7, 2002 275.415 May 7, 2002 475.402 (amend) May 21, 2002 650.420 May 21, 2002 650.025 June 25, 2002 275.500 (amend) July 25, 2002 275.500 (amend) August 20, 2002 275.500 (amend) January 21, 2003 820.120 April 1, 2003 340.001 February 24, 2004 690.100 March 16, 2004 260.100 March 16, 2004 690.600 April 20, 2004 275.502


801

May 4, 2004 490.100 December 7, 2004 340.001 December 7, 2004 275.500 (amend) July 5, 2005 675.500 September 20, 2005 625.250 November 15, 2005 675.501 November 15, 2005 275.503 December 6, 2005 275.411 December 21, 2005 340.100 February 7, 2006 251.102 July 18, 2006 810.130 August 1, 2006 425.100 (amend) August 1, 2006 690.610 September 19, 2006 310.003 (amend) April 3, 2007 505.200 June 5, 2007 690.620 July 17, 2007 251.200 July 17, 2007 275.500 (amend) August 21, 2007 550.200 November 6, 2007 690.700 December 18, 2007 275.500 (amend) February 20, 2008 275.500 (amend) August 19, 2008 620.011 November 4, 2008 620.010 April 7, 2009 425.101 November 11, 2009 650.100 (amend) August 3, 2010 280.010 November 2, 2010 350.002 December 7, 2010 690.400 December 21, 2010 435.010


802

Sections for which no adoption date or ordinance/resolution number is known: 625.201 625.202 660.315 275.110 275.510 215.100


803

Comparative Table III: Sections, Original Enactment Dates, & Original

Ordinance/Resolution Number, in Ordinance/ Resolution Number Order

Note that many resolutions and ordinances are not listed because they were not codified herein; see § 100.100.IV.4. Ordinance Date Enacted Section Number 84-2 1984? 475.201 1990-1 February 6, 1990 410.100 93-2 June 15, 1993 510.010 93-3 June 15, 1993 450.103 94-3 September 7, 1993 680.100 95-01 March 21, 1995 475.101 95-2 May 2, 1995 505.101 95-03 May 16, 1995 675.317 (amend); 675.318 (adopt) 96-01 March 6, 1996 830.105 96-02 June 18, 1996 201.101 97-01 June 3, 1997 625.102 97-02 August 19, 1997 675.318 (amend); 675.319 (adopt) 97-03 October 7, 1997 625.102 (amend); 625.103 (adopt) 97-4 December 16, 1997 650.320 97-5 December 16, 1997 650.330 99-1 May 18, 1999 205.101 99-2 June 22, 1999 510.011 99-6 September 23, 1999 100.205 (listed as “Ordinance 6”) 99-7 October 5, 1999 510.012 99-8 December 7 , 1999 253.100 2000-2 February 1, 2000 225.101


804

2000-3 February 15, 2000 475.401 2001-1 February 20, 2001 225.102 2001-02 March 20, 2001 475.402 Resolution Date Enacted Section Number 55 November 2, 1971 650.410 8/83 1983? 310.001 86 October 21, 1986 275.301 86-1 1986? 275.511 86-6 June 17, 1986 660.310 94-3 February 1, 1994 275.210 94-9 May 23, 1994 205.099 94-10 May 23, 1994 650.099, 650.100 94-12 August 23, 1994 830.210 94-14 September 23, 1994 675.400 (“adopted”) 94-14 October 4, 1994 675.400 (“ratified”) 95-00 February 7, 1995 750.510 95-08 August 1, 1995 275.220 95-11 December 5, 1995 750.510 (amend.) 96-08 October 1, 1996 275.420 96-12 June 3, 1997 215.200 97-6 December 16, 1997 320.001 98-2 February 3, 1998 820.010 98-3 February 3, 1998 820.015 99-1 January 5, 1999 750.520 99-2 January 28, 1999 675.350 (corporate papers signed November 20, 1998 and

filed with Secretary of State on March 25, 1999)

99-3 February 16, 1999 675.351


805

99-4 February 22, 1999 675.352 99-7 April 6, 1999 810.100 2000-1 February 1, 2000 200.050 2000-2 March 7, 2000 575.104 2000-3 May 2, 2000 820.020 2000-14 November 3, 2000 251.101 2000-19 December 29, 2000 625.301 2001-3 January 16, 2001 275.520 2001-5 November 6, 2001 310.002 Sections for which no ordinance/ resolution number is known (in date order): June 10, 1975 675.110 June 10, 1975 675.120 June 1, 1977 690.515 February 20, 1981 625.401 March 3, 1981 675.201 June 1, 1983 400.110 October 4, 1983 650.050 June 17, 1986 425.100 November 4, 1986 550.201 1987? 475.301 April 21, 1987 660.311 April 21, 1987 575.101 April 21, 1987 650.415 October 18, 1988 450.101 October 18, 1988 690.520 1989? 450.102 June 6, 1989 575.102 October 3, 1989 330.001


806

June 19, 1990 212.105 February 19, 1991 625.101 March 5, 1991 650.055 August 18, 1992 650.075 August 18, 1992 550.202 January 19, 1993 215.101 January 19, 1993 675.316 July 20, 1993 275.410 November 3, 1993 675.310 December 7, 1993 210.100 May 18, 1993 550.202 January 25, 1994 675.317 August 23, 1994 575.103 August 23, 1994 830.100 October 4, 1997 205.100 June 16, 1998 275.515 2001? 253.200 January 2, 2001 205.102 2001? 253.200 January 2, 2001 205.102 July 19, 2001 205.200 October 16, 2001 810.110 November 15, 2001 650.100 December 4, 2001 660.100 December 18, 2001 310.003 February 5, 2002 550.203 February 5, 2002 840.010 February 21, 2002 252.110 March 5, 2002 275.500 March 5, 2002 480.100 April 2, 2002 610.010 May 7, 2002 100.101


807

May 21, 2002 650.420 May 21, 2002 820.025 June 25, 2002 275.500 (amend) August 20, 2002 275.500 (amend) January 21, 2003 820.120 April 1, 2003 340.001 February 24, 2004 690.100 March 16, 2004 260.100 March 16, 2004 690.600 April 20, 2004 275.502 May 4, 2004 490.100 December 7, 2004 340.001 December 7, 2004 275.500 (amend) July 5, 2005 675.500 September 20, 2005 625.250 November 15, 2005 675.501 November 15, 2005 275.503 December 6, 2005 275.411 December 21, 2005 340.100 February 7, 2006 251.102 July 18, 2006 810.130 August 1, 2006 425.100 (amend) August 1, 2006 690.610 September 19, 2006 310.003 (amend) April 3, 2007 505.200 June 5, 2007 690.620 July 17, 2007 251.200 July 17, 2007 275.500 (amend) August 7, 2007 550.200 November 6, 2007 690.700 December 17, 2007 275.500 (amend) February 20, 2008 275.500 (amend) August 19, 2008 620.011 November 4, 2008 620.010


808

April 7, 2009 425.101 November 11, 2009 650.100 (amend) August 3, 2010 280.100 November 2, 2010 350.002 December 7, 2010 690.400 December 21, 2010 435.010 Sections for which no ordinance/ resolution number is known (in section number order): 100.101 May 7, 2002 205.100 October 4, 1997 205.102 January 2, 2001 205.200 July 19, 2001 210.100 December 7, 1993 212.105 June 19, 1990 215.101 January 19, 1993 251.102 February 7, 2006 251.200 July 17, 2007 252.110 February 21, 2002 253.200 2001? 260.100 March 16, 2004 275.410 July 20, 1993 275.415 May 7, 2002 275.500 March 5, 2002 275.502 April 20, 2004 275.515 June 16, 1998 280.100 August 3, 2010 310.003 December 18, 2001 (adopt) September 19, 2006 (amend) 330.001 October 3, 1989 340.001 April 1, 2003 350.001 December 7, 2004 350.002 November 2, 2010 400.110 June 1, 1983 425.100 June 17, 1986 (adopt)

August 1, 2006 (amend) 425.101 April 7, 2009


809

435.010 December 21, 2010 450.101 October 18, 1988 450.102 1989? 475.301 1987? 480.100 March 5, 2002 490.100 May 4, 2004 505.200 April 3, 2007 550.200 August 7, 2007 550.201 November 4, 1986 550.202 May 18, 1993 (adopt) 550.202 August 18, 1992 (amend) 550.203 February 5, 2002 575.101 April 21, 1987 575.102 June 6, 1989 575.103 August 23, 1994 610.011 April 2, 2002 625.101 February 19, 1991 625.401 February 20, 1981 650.050 October 4, 1983 650.055 March 5, 1991 650.075 August 18, 1992 650.100 November 15, 2001 650.415 April 21, 1987 650.420 May 21, 2002 660.311 April 21, 1987 675.120 June 10, 1975 675.201 March 3, 1981 675.310 November 3, 1993 675.316 January 19, 1993 675.317 January 25, 1994 690.100 February 24, 2004 690.400 December 7, 2010 690.515 June 1, 1977 690.520 October 18, 1988 690.600 March 16, 2004 690.610 August 1, 2006 690.620 June5, 2007 690.700 November 6, 2007 810.110 October 16, 2001 810.130 July 18, 2006


810

820.025 May 21, 2002 820.120 January 21, 2003 830.100 August 23, 1994 840.010 February 5, 2002 Sections for which no adoption date or ordinance/resolution number is known: 215.100 275.110 275.510 625.201 625.202 660.315


811

Table of Sections Repealed & Superceded 212.100 – Superceded by the enactment of § 275.500 on November 5, 2002. 251.100 – Superceded by the enactment of § 251.102 on February 7, 2006. 252.101 – Superceded by the enactment of § 251.102 on February 7, 2006. 252.100 – Superceded by the enactment of § 252.110 on February 21, 2002. 252.105 – Superceded by the enactment of § 252.110 on February 21, 2002. 275.501 – Superceded by the enactment of § 275.500 on November 5, 2002. 550.110 – Voided by Action of the Georgia Supreme Court, see Twiggs County et al v Atlanta Gas Light Company et al, Twiggs County et al v Southern Bell Telephone & Telegraph Company et al, & Twiggs County et al v Georgia Power Company et al (cases consolidated), 262 Ga. 276, 417 SE2d 13 (1992); repealed by action of the Twiggs County Commission, § 550.203.


812

Topical Index NOTE that this index refers to SECTION NUMBERS, not to PAGE NUMBERS. Boldface headings are major subjects, with subheadings thereunder. Major subject headings are organized alphabetically, and the subheadings under each major subject heading are also organized alphabetically. The major subject headings used in this index are: Boards & Commissions Board of Commissioners Business Regulation Conservation & Environmental Protection Emergency Management and Disaster Prevention & Protection Judicial Affairs & Law Enforcement Meetings, Public Offenses & Penalties Officers, County Parks & Recreation Personnel, County Planning & Zoning Property, County Public Health & Welfare Records, Public Roads & Bridges Sanitation & Waste Management Statutes, State Taxation, Revenue & Finance

* * * 911 Emergency Services – see Emergency Management and Disaster Prevention & Protection Adult Entertainment – see Business Regulation


813

Administrator, County – see Officers, County Agricultural Enterprises – see Business Regulation Air Quality – see Conservation & Environmental Protection Alcoholic Beverages – see Judicial Affairs & Law Enforcement Alternative Fuels – see Conservation & Environmental Protection Animal Control – see Judicial Affairs & Law Enforcement Antennas, Communication Towers &, Regulation of – see Planning & Zoning Army Corps of Engineers – see Conservation & Environmental Protection Beer – see Judicial Affairs & Law Enforcement Boards & Commissions (Chapter 250) Adult Entertainment Establishments – 505.200 Board of Tax Assessors (Chapter 251) Employees of – 251.200

Terms of Office – 251.102 Emergency Management Agency – 810.100 Employees of County Not Eligible for Membership on – 275.520 Financial Accounting Practices – 260.100 Landfill Commission – 252.110 Natural Gas, Expanded Power to Regulate – 550.200 Planning & Zoning Powers – 205.200 Planning Commission (Chapter 253) Created – 253.100 Procedures of – 253.200 SEE ALSO Planning & Zoning Private Roads, Development of – 625.250 Procedures of – 205.099 SEE ALSO Board of Commissioners Board of Commissioners Code, Twiggs County – 100.100, 100.101


814

Contracting, Public -- 212.105, 212.110 Courthouse, Temporary – 201.101 Employees of Tax Assessor Under Civil Service System – 251.200 Insurance, County – 210.100 Planning & Zoning, Duties & Powers of – 205.200, 650.100 Procedures of – 205.099, 205.100, 205.101, 205.102 Quarterly Publication Requirement Abolished – 100.205 Service Delivery Strategy – 200.050 SEE ALSO Meetings, Public; Records, Public Board of Zoning Appeals, Joint – see Planning & Zoning Building Inspection – see Planning & Zoning Building Permits – see Planning & Zoning Business License Tax – see Taxation, Revenue & Finance Business Regulation (Title V) Adult Entertainment Establishments – 505.200 Agricultural Enterprises (Chapter 510) Feedlots, Commercial – 510.011 Livestock and Poultry Operations – 510.010 Building Codes – see Planning & Zoning Business Occupation Tax – 310.002 Commercial Livestock Operations – 510.012 Enforcement of State Building Codes – 650.330 Financial Institutions, License Tax Imposed on – 310.001; 310.003 Land Use Regulation – see Planning & Zoning License Tax – 310.001 Manufactured Homes, Installation of – 650.420 Natural Gas, Expanded Power to Regulate – 550.200 Occupation Tax – 310.003 Planning & Zoning – 650.100 Signs, Posting of – 505.101 Telecommunications (Chapter 575) Cable Television Service Franchise – 575.101, 575.102, 575.103, 575.104 Utilities, Public (Chapter 550)

Accommodations of – 550.201, 550.202, 550.203 State Department of Transportation Regulation


815

Use by – 550.202 Water Wellhead Protection – 610.010 SEE ALSO Planning & Zoning; Taxation, Revenue & Finance Cable Television, see Business Regulation Clerk, County – see Officers, County COBRA (Consolidated Omnibus Budget Reconciliation Act of 1986 – see Personnel, County Code, Twiggs County – see Board of Commissioners Code Enforcement Officer -- see Officers, County Collection & Disposal of Waste – see Sanitation & Waste Management Commercial Feedlot Businesses – see Business Regulation Commercial Livestock Operations – see Business Regulation Commission, County -- see Board of Commissioners Commissioners -- see Board of Commissioners Communication Towers & Antennas, Regulation of – see Planning & Zoning Compensation of Judges – see Judicial Affairs & Law Enforcement Conservation & Environmental Protection (Chapter 690) Anti-Idling for Air Quality Protection – 690.620 Air Quality Coalition, Middle Georgia – 690.600 Alternative Fuels – 690.610 Army Corps of Engineers, Coordination with – 690.100 Landfill, Privatization of – 675.500, 675.501 Outdooring Watering -- 690.400 Planning & Zoning and – 650.100 Prescribed Fire, Support for – 690.700 Soil Erosion & Sedimentation Control – 690.510, 690.515, 690.520 Water & Sewer Service, Non-Payment for – 620.010


816

Water, Theft of – 620.011 Water Wellhead Protection – 610.010 SEE ALSO Planning & Zoning; Sanitation & Waste Management Construction Standards – see Planning & Zoning Contracting, Public – see Board of Commissioners County Courthouse -- see Board of Commissioners County Administrator -- see Officers, County County Clerk – see Officers, County County Commissioners -- see Board of Commissioners County Ordinances, Enforcement of – see Judicial Affairs & Law Enforcement Court Filing Fees – see Taxation, Revenue & Finance Courthouse, County – see Board of Commissioners Courts – see Judicial Affairs & Law Enforcement Criminal Forfeiture of Private Property – see Judicial Affairs & Law Enforcement Dangerous Dogs – see Judicial Affairs & Law Enforcement Design Standards – see Planning & Zoning Development, Land – see Planning & Zoning Development Authority, Joint – see Public Health & Welfare Disorderly Conduct – see Judicial Affairs & Law Enforcement Disposal of Waste – see Sanitation & Waste Management Disturbing the Peace – see Judicial Affairs & Law Enforcement


817

Dog License – see Judicial Affairs & Law Enforcement Dogs, Dangerous – see Judicial Affairs & Law Enforcement Donated Property -- see Property, County Drug-Related Paraphernalia – see Judicial Affairs & Law Enforcement Economic Development – see Public Health & Welfare Emergency Management and Disaster Prevention & Protection (Title VIII) 911 Emergency Services – 820.010, 820.015, 820.020, 820.025, 820.120 Emergency Management Agency – 810.100, 820.120 Fire Department, Volunteer – 840.010 Flood Damage Prevention – 830.100, 830.105 Flood Insurance – 830.210 Mutual Aid Agreement with Jones County – 810.110 National Incident Management System – 810.130 Employees, County – see Personnel, County Enforcement of County Ordinances – see Judicial Affairs & Law Enforcement Environment – see Conservation & Environmental Protection Equipment, County, see Property, County Equipment, Heavy, Use of on Public Roads – see Roads & Bridges Erosion, Soil – see Conservation & Environmental Protection Ethics, Code of – see Personnel, County Fees – see Taxation, Revenue & Finance Feedlots, Commercial – see Business Regulation Filing Fees, Court – see Taxation, Revenue & Finance


818

Finance, County – see Taxation, Revenue & Finance Financial Accounting Practices – see Taxation, Revenue & Finance Fire – see Emergency Management and Disaster Prevention & Protection Fire, Prescribed – see Conservation & Environmental Protection Flood – see Emergency Management and Disaster Prevention & Protection Forfeiture, Criminal, of Private Property – 480.100 Hauling, Private, on Public Roads – see Roads & Bridges Heavy Equipment, Use of on Public Roads – see Roads & Bridges Housing Development, Subdivision of Land for – see Planning & Zoning Indemnification of Certain Persons – see Personnel, County Inspection, Building – see Planning & Zoning Insurance, County – see Board of Commissioners Insurance, Flood – see Emergency Management and Disaster Prevention & Protection Joint Board of Zoning Appeals – see Planning & Zoning Joint Development Authority – see Public Health & Welfare Joint Landfill – see Sanitation & Waste Management Joint Landfill Commission – see Boards & Commissions Judges, Compensation of – see Judicial Affairs & Law Enforcement Judicial Affairs & Law Enforcement (Title IV) Adult Entertainment Establishments – 505.200 Animal Control (Chapter 450)


819

Dog License – 450.101, 450.102, 450.103 Dogs, Dangerous – 450.101, 450.102, 450.103 Court Filing Fee – 330.001 Criminal Forfeiture of Private Property – 480.100 Disorderly Conduct – 475.402 Disturbing the Peace – 475.401 Drug-Related Paraphernalia – 435.010 Enforcement of County Ordinances – 410.100 Financial Accounting Practices – 260.100 Judges, Compensation of – 400.110 Littering – 475.301 Pouring License – 425.101 Sale of Malt Beverages & Wine – 425.100 Smoking of Tobacco Products by Persons in Custody – 490.100 Vandalism – 475.201 Land, Subdivision of for Housing Development – see Planning & Zoning Land Development Ordinance, Comprehensive – see Planning & Zoning Landfill – see Sanitation & Waste Management Landfill Commission – see Boards & Commissions Law Enforcement – see Judicial Affairs & Law Enforcement Legal Representation of Certain Persons -- see Personnel, County License Tax, Business – see Taxation, Revenue & Finance Liquor Control – see Judicial Affairs & Law Enforcement Littering – see Judicial Affairs & Law Enforcement Livestock Operations, Commercial – see Business Regulation Lot Size, Minimum for Residential Development – see Planning & Zoning Malt Beverages & Wine, Sale of – see Judicial Affairs & Law Enforcement


820

Meetings, Public (Chapter 205) Conduct of – 205.100 Planning & Zoning – 205.200 Planning Commission – 650.100, 205.200 Policies & Procedures for – 205.099 Rules of Order for – 205.102 Scheduling of – 205.101 Middle Georgia Clean Air Coalition – see Conservation & Environmental Protection Middle Georgia Regional Solid Waste Plan – see Sanitation & Waste Management Minimum Lot Size for Residential Development – see Planning & Zoning Mobile Homes – see Planning & Zoning Mutual Aid Agreement – see Emergency Management & Disaster Prevention & Protection National Incident Management System – see Emergency Management & Disaster Prevention & Protection Natural Gas, Regulation of Transmission & Distribution – 550.200 Offenses & Penalties Adult Entertainment Establishments – 505.200 Building Permits, Failure to Obtain – 660.311, 660.315, 660.320 Cable Television Franchise – 575.101 Court Filing Fees – 330.001 Criminal Forfeiture of Private Property – 480.100 Dangerous Dogs – 450.101, 450.102, 450.103 Disorderly Conduct – 475.402 Disturbing the Peace – 475.401 Drug-Related Paraphernalia – 435.010 Emergency Situations – 810.100 Enforcement of County Ordinances – 410.100 Failure to Register Business & Occupation – 310.003 Flood Damage Prevention – 830.100, 830.105 Littering – 475.301 Livestock & Poultry, Violating Restrictions on – 510.010


821

Manufactured Homes, Installation of – 650.420 Mobile Home, Permit for – 650.415 Park, Spring Valley, Improper Use of – 680.100 Penalty for Certain Violations – 475.101 Planning & Zoning Violations – 650.055, 650.100 Pouring License – 425.101 Roads, Improper Use of – 625.102 Sale of Malt Beverages & Wine – 425.100 Signs, Illegal Posting of – 505.101 Soil Erosion Laws, Violation of – 690.510, 690.515, 690.520 Utility Accommodation – 550.201 Vandalism – 475.201 SEE ALSO Judicial Affairs & Law Enforcement Officers, County (Chapter 225) Code Enforcement Officer – 205.200, 225.101 County Administrator – 225.102 Emergency Mutual Aid Agreement – 810.110 Financial Accounting Practices – 260.100 Fire Department, Volunteer – 840.010 SEE ALSO Boards & Commission; Board of

Commissioners; County Officers Official Code of Twiggs County, Georgia, Annotated – see Board of Commissioners Ordinances, Code of – see Board of Commissioners Ordinances, Enforcement of – see Judicial Affairs & Law Enforcement Outdoor Watering – see Conservation & Environmental Protection Parks & Recreation (Chapter 680) Spring Valley Park, Use of – 680.100 Peace, Disturbing the – see Judicial Affairs & Law Enforcement Penalties – see Judicial Affairs & Law Enforcement Pensions – see Personnel, County


822

Permit Fees – see Taxation, Revenue & Finance Permits, Building – see Planning & Zoning Personnel, County (Chapter 275) COBRA (Consolidated Omnibus Budget Reconciliation Act of 1986) – 275.301 Emergency Mutual Aid Agreement – 810.110 Employees of Tax Assessor Members of County Civil Service System – 251.200 Employees Not Eligible to Serve on Boards & Commissions – 275.520 Ethics, Code of – 280.100 Fire Department, Volunteer – 840.010 Indemnification of certain – 275.511 Legal Representation of – 275.510 Manual, Personnel – 275.500 Ranks, Grades, Compensation – 275.110 Retirement Systems 401(k) Terminated – 275.502 Certain Income Excluded from – 275.420 Hardship Distributions from – 272.415 Restructured – 275.410, 275.411 Substance Abuse Policy – 275.500, 275.503 To Work for Public Purposes Only – 220.100 Worker Compensation Elected officials – 275.220 Volunteer firefighters – 275.210 Workplace Rules – 275.515, 820.120 Zoning Enforcement Officer – 650.100 Planning & Zoning (Chapter 650) Building Inspection – 650.320 Building Permits – 660.310, 660.311, 650.330 Proof of Required – 660.315 Business Occupation Permits – 310.002 Construction Standards – 660.100 Design Standards – 660.100 Land Development Ordinance – 650.075, 650.100 Landfill, Privatization of – 675.500, 675.501 Manufactured Homes, Installation of – 650.420 Minimum Lot Size for Residential Development – 650.055


823

Mobile Homes – 650.410, 650.415 Planning Commission – 253.100, 650.100 Private Roads, Development of – 625.250 Procedures – 205.200 Soil Erosion & Sedimentation Control – 690.510, 690.515, 690.520 State Minimum Standard Codes – 650.330 Subdivision of Land for Housing Development – 650.050 Water Wellhead Protection – 610.010 Zoning Enforcement Officer – 650.100 SEE ALSO Boards & Commissions (Planning Commission);

Conservation & Environmental Protection; Sanitation & Waste Management Planning Commission – see Boards & Commissions Posting of Signs by Businesses – see Business Regulation Posting of Signs on Public Roads – see Roads & Bridges Poultry – see Business Regulation Pouring License – see Judicial Affairs & Law Enforcement Prescribed Fire – see Conservation & Environmental Protection Private Hauling on Public Roads – see Roads & Bridges Property, County (Chapter 220) Criminal Forfeiture of Private Property – 480.100 Financial Accounting Practices – 260.100 Restrictions on use of – 220.100 Spring Valley Park, Use of – 680.100 Use of Donated property – 220.200 Property Tax, Collection of – see Taxation, Revenue & Finance Public Health & Welfare (Title VII) Adult Entertainment Establishments – 505.200 Anti-Idling for Air Quality Protection – 690.620 Building & Construction Safety Standards – 660.110


824

Environmental Standards – 650.100 Fire Department, Volunteer – 840.010 Economic Development Projects – 750.520 Emergency Mutual Aid Agreement – 810.110 Joint Development Authority – 750.510, 750.520 Manufactured Homes, Installation of – 650.420 Planning & Zoning – 650.100 Water Wellhead Protection – 610.010 SEE ALSO Emergency Management and Disaster Prevention & Protection Public Meetings -- see Meetings, Public Public Records -- see Records, Public Public Utilities – see Business Regulation Publication Requirement, Quarterly (Abolished) – see Board of Commissioners Quarterly Publication Requirement (Abolished) – see Board of Commissioners Records, Public (Chapter 215) Code, Twiggs County – 100.101 Custodian of – 215.101 Financial Accounting Practices – 260.100 Maintenance of -- 215.100 Planning & Zoning – 205.200 Residential Development, Minimum Lot Size for – see Planning & Zoning Resolutions – see Board of Commissioners Retirement – see Personnel, County Revenue – see Taxation, Revenue & Finance Roads & Bridges (Chapter 625) Access from Private Property – 625.202 Access Procedure – 625.201 Accommodation of Public Utilities on – 550.201 Heavy Equipment on, Use of – 625.102, 625.103 Planning & Zoning – 650.100


825

Posting of Signs on – 625.401 Private Hauling on – 625.101 Private Roads, Development of – 625.250 State Department of Transportation Regulation of Public Utility Use of – 550.202,

550.203 Temporary Closure of – 625.301 Rules of Order for Public Meetings -- see Public Meetings Sale of Malt Beverages & Wine – see Judicial Affairs & Law Enforcement Sanitation & Waste Management (Chapter 675) Collection & Disposal of – 675.110, 675.120

Joint Landfill – 675.310, 675.316, Landfill Commission – 252.110 Landfill, Privatization of – 675.500, 675.501 Middle Georgia Regional Solid Waste Plan – 675.201 Planning & Zoning Standards – 650.100 Solid Waste Reduction – 675.400 Water & Sewer Service, Non-Payment for – 620.010 Water Wellhead Protection – 610.010 Sedimentation – see Conservation & Environmental Protection Service Delivery Strategy – see Board of Commissioners Sewer & Water Service, Non-Payment for – 620.010 Signs, Posting of by Businesses -- see Business Regulation Signs, Posting of on Public Roads – see Roads & Bridges Signs, Vandalism of – see Judicial Affairs & Law Enforcement Smoking by Persons in Custody – see Judicial Affairs & Law Enforcement Soil Erosion – see Conservation & Environmental Protection Solid Waste – see Sanitation & Waste Management


826

Spring Valley Park – see Parks & Recreation State Minimum Standard Codes – see Planning & Zoning Statutes, State Application of State Building Standards – 650.100, 660.330 Creating The Board of Commissioners of Twiggs County –

Act No. 163 (1923) (as amended) Requiring Codification of Local Ordinances and Resolutions – 36-80-19 Solid Waste, Reduction in – 675.400 Subdivision of Land for Housing Development – see Planning & Zoning Substance Abuse Policy – see Personnel, County Tax Assessors, Board of – see Boards & Commissioners Taxation, Revenue & Finance (Title III) 401(k) Terminated – 275.502 Bond Required for Certain Uses of Roads – 625.103 Building Permit Fees – 660.100, 660.311, 660.320, 650.410, 650.415 Business License Tax – 310.001, 310.003 Business Occupation Tax – 310.002, 310.003 Cable Television Franchise Fees – 575.101, 575.102, 575.103, 575.104 Court Filing Fees – 330.001, 400.110 County Ordinances, Fine for Violations of – 475.101 Culvert Pipe Installation Fee – 625.201 Disorderly Conduct, Fine for – 475.402 Disturbing the Peace, Fine for – 475.401 Dog License – 450.101, 450.102, 450.103 Dogs, Dangerous, Failure to Control, Fine – 450.101, 450.102, 450.103 Elderly, Homestead Property Tax Exemption – 340.100 Emergency Services Fees – 820.010, 820.015, 820.020, 820.025 Exemptions – 340.001, 340.100 Financial Accounting Practices – 260.100 Financial Institutions Business License tax – 310.001 Flood Damage Prevention – 830.100, 830.105 Homestead Property Tax Exemption – 340.100 Littering, Fine for – 475.301 Livestock & Poultry, Fine for Violation of Restrictions on – 510.010 Mobile Homes, Fees for – 650.410, 650.415


827

Park, Spring Valley, Fine for Improper Use of – 680.100 Permit Fee Schedule – 320.001 Planning & Zoning Fees – 650.055; 650.100; see also Appendix IV Pouring License, Fee For – 425.101 Procedure – 250.001 Property Tax, Collection Date of – 350.002 Road Access Procedure – 625.201 Roads, Improper Use of, Fine for – 625.101, 625.102, 625.103 Sale of Malt Beverages and Wine – 425.100 Soil Erosion & Sedimentation Control Fees – 690.510, 690.515, 690.520 Subdivision Development, Fees – 660.100 Telecommunications – see Business Regulation Television, Cable – see Business Regulation Tobacco, Use of by Persons in Custody – see Judical Affairs & Law Enforcement Towers, Communication, & Antennas, Regulation of – see Planning & Zoning Traffic Control Devices, Vandalism of – see Judicial Affairs & Law Enforcement Utilities, Public – see Business Regulation Vandalism – see Judicial Affairs & Law Enforcement Water & Sewer Service, Non-Payment for – 620.010 Water, Outdoor Use of – see Conservation & Environmental Protection Water, Theft of – 620.011 Waste – see Sanitation & Waste Management Water Protection – see Conservation & Environmental Protection Wilkinson County, Joint Landfill – see Sanitation & Waste Management Wine, Sale of Malt Beverages & – see Judicial Affairs & Law Enforcement


828

Worker Compensation – see Personnel, County Workplace Rules – see Personnel, County Zoning – see Planning & Zoning Zoning Enforcement Officer – see Officers, County

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