City of Flowery Branch City Council Meeting Thursday, October 18, 2018, 6:00 PM City of Flowery Branch City Hall 5410 Pine Street, Flowery Branch GA, 30542 CALL WORK SESSION TO ORDER: PLEDGE OF ALLEGIANCE: PUBLIC HEARING: UNFINISHED BUSINESS - WORK SESSION: Consider the Second Reading of Ordinance 334 - Personal Transportation Vehicles Adopting Ordinance - FINAL .pdf NEW BUSINESS -WORK SESSION: Consider Health Insurance for 12/01/18 - 11/30/19 EXECUTIVE_SUMMARY_-_Humana_10-18-2018.pdf Quote Comparison to Current Coverage - for 2018.pdf Humana Wellness Program Savings as of September 2018 Billing.pdf Dental Life Vision Insurance Quote - October 2018.pdf Consider October 4, 2018 Meeting Minutes 100418draft.pdf Consider Resolution 18-022 Personal Transportation Vehicle Plan, Route Plan, Fees, and Procedures. 18-022 - PTV Final.pdf DEPARTMENT REPORTS: - a. City Manager Report b. City Clerk Report c. Finance Director Report d. Planning Department Report e. Attorney Report f. Council Report ADJOURNMENT WORK SESSION: VOTING SESSION AGENDA CALL VOTING SESSION TO ORDER: PUBLIC COMMENTS: - Please limit to two minutes 1
Transcript
City of Flowery BranchCity Council Meeting
Thursday, October 18, 2018, 6:00 PMCity of Flowery Branch City Hall
5410 Pine Street, Flowery Branch GA, 30542
CALL WORK SESSION TO ORDER:
PLEDGE OF ALLEGIANCE:
PUBLIC HEARING:
UNFINISHED BUSINESS - WORK SESSION: Consider the Second Reading of Ordinance 334 - Personal Transportation Vehicles
Adopting Ordinance - FINAL .pdf
NEW BUSINESS -WORK SESSION: Consider Health Insurance for 12/01/18 - 11/30/19
EXECUTIVE_SUMMARY_-_Humana_10-18-2018.pdfQuote Comparison to Current Coverage - for 2018.pdfHumana Wellness Program Savings as of September 2018 Billing.pdfDental Life Vision Insurance Quote - October 2018.pdf
Consider October 4, 2018 Meeting Minutes100418draft.pdf
DEPARTMENT REPORTS: - a. City Manager Reportb. City Clerk Reportc. Finance Director Reportd. Planning Department Reporte. Attorney Reportf. Council Report
CONSENT AGENDA: Consider October 4, 2018 Meeting Minutes
100418draft.pdf
UNFINISHED BUSINESS - VOTING SESSION: Consider the Second Reading of Ordinance 334 - Personal Transportation Vehicles
Adopting Ordinance - FINAL .pdf
NEW BUSINESS - VOTING SESSION: Consider Health Insurance for 12/01/18 - 11/30/19
EXECUTIVE_SUMMARY_-_Humana_10-18-2018.pdfQuote Comparison to Current Coverage - for 2018.pdfHumana Wellness Program Savings as of September 2018 Billing.pdfDental Life Vision Insurance Quote - October 2018.pdf
If you have a disability or impairment and need special assistance please contact the City Clerk prior to themeeting at 770-967-6371 - Meeting agenda is subject to change
SUBJECT: Consider the Second Reading of Ordinance 334 - Personal Transportation Vehicles
COUNCIL MEETING DATE: October 18, 2018
HISTORY:This ordinance would amend Chapter 47 (Traffic and Vehicles) by adding Article IV (Personal Transportation Vehicles).This would set procedures and regulations in regards to personal transportation vehicles.
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve as submitted
SAMPLE MOTION: I make a motion to approve the second reading of ordinance 334.
Public Hearing Published 02/28/2018 First Reading 10/04/2018
Public Hearing 10/04/2018 Adopted 10/18/2018
Effective 11/1/2018
ORDINANCE NO. 334
AN ORDINANCE TO AMEND CHAPTER 47 (TRAFFIC AND VEHICLES) TO ADD
ARTICLE IV (PERSONAL TRANSPORTATION VEHICLES) TO ADD PROCEDURES
RELATED TO THE REGULATION OF PERSONAL TRANSPORTATION VEHICLES;
TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO
REPEAL CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL
PURPOSES.
WHEREAS, the Mayor and City Council of the City of Flowery Branch are empowered to
create guidelines which regulate the safety and security of the public in City Rights of Way; and
WHEREAS, the City of Flowery Branch’s code does not currently provide regulations on the
operation of Personal Transportation Vehicles within City limits; and
WHEREAS, the Mayor and Council of the City of Flowery Branch wish to amend the code to
enable a registration process and develop specifications for the safe operation of PTVs on City
streets.
NOW THEREFORE, THE COUNCIL OF THE CITY OF FLOWERY BRANCH DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 47 relating to Traffic and Vehicles hereby amended to include new Section 47-60
through 47-72 to read as follows:
Section 47-60 - Definitions.
For the purpose of this article, the following definitions shall apply, unless the context
clearly indicates or requires a different meaning.
(a) Personal transportation vehicle (to include golf carts meeting definition and maintaining
all equipment standards in Section 47-64) means motor vehicle having not less than three
(3) wheels in contact with the ground and unladen weight less than one thousand three
hundred (1,300) pounds which is designed and manufactured for operation on a golf course
for sporting or recreational purposes and that is not capable of exceeding speeds of twenty
(20) miles per hour and any motor vehicle having no fewer than four (4) wheels and an
unladen weight of one thousand three hundred seventy-five (1,375) pounds or less and
which cannot operate at more than twenty (20) miles an hour. Such vehicles may also be
referred to as 'motorized carts.' The term does not include mobility aids, including electric
personal assistive mobility devices, power wheelchairs and scooters that can be used indoors
and outdoors for the express purpose of enabling mobility for a person with a disability. The
term also does not include any all-terrain vehicle or multi-purpose off-highway vehicle.
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(b) Driver's license means a valid license to operate a motor vehicle issued by the State of
Georgia or any other state.
(c) Proof of insurance means documented (written) proof of liability insurance on the personal
transportation vehicle (PTV) insuring against personal injury and damage to property of any
nature relative to the operation of a personal transportation vehicle (PTV) on designated city
streets and roads in an amount not less than required by Georgia law for motor vehicles
operated on public highways in the State of Georgia.
Section 47-61 - Operation of Personal Transportation Vehicles (PTV).
The City of Flowery Branch adopts O.C.G.A. §§ 40-6-330 through 40-6-369.1 and 40-6-371
"Standards for Operation of Personal Transportation Vehicles (PTV)." Provided all provisions of
this article are followed, personal transportation vehicles as defined by O.C.G.A. § 40-1-1 (43.1),
also known as motorized carts, may be operated on public roads or on multi-use paths designated
by the PTV Route Plan Map adopted by Resolution by the Mayor and City Council.
Section 47-62 - Operator.
Only persons seventeen (17) years of age or older and holding a valid driver's license may
operate a personal transportation vehicle (PTV) on the above-described roads and facilities
within the city.
Section 47-63 - Insurance Required.
The operator or owner of a personal transportation vehicle (PTV) shall have written proof of
insurance. Documentation of such coverage shall be submitted during the registration process
outlined in Section 47-69.
Section 47-64 - Equipment Requirements.
(a) All personal transportation vehicles shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the vehicle,
including a parking brake;
(2) A reverse warning device functional at all times when the directional control is in the
reverse position;
(3) A main power switch. When the switch is in the "off" position, or the key or other device
that activates the switch is removed, the motive power circuit shall be inoperative. If the
switch uses a key, it shall be removable only in the "off" position;
(4) Head lamps;
(5) Reflex reflectors;
(6) Tail lamps;
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels; and
(10) Hip restraints and hand holds or a combination thereof.
(b) A gasoline powered personal transportation vehicle (PTV) shall be equipped with factory
installed safety systems, including indicator for gasoline or propane leaks, a speed governor
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and an exhaust system in good working order and in constant operation, meeting the
following specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust
manifold to, and including, the muffler(s) and exhaust pipe(s).
(2) The exhaust system and its elements shall be securely fastened.
(3) The engine of every cart shall be so equipped, adjusted and tuned, as to prevent the
escape of excessive smoke or fumes.
(c) Electric personal transportation vehicles (PTVs) shall be equipped with, at a minimum, all
factory installed safety systems and a charge indicator for low battery.
(d) All personal transportation vehicles (PTVs) regulated by this article shall be maintained in
safe condition at all times.
Section 47-65 – Prohibited Areas of Operation.
Personalized transportation vehicles may not be operated on local roads, state roads, or
federal highways, unless specifically identified on a PTV Route Plan Map. PTVs are not allowed
on multi-use paths or sidewalks, unless specifically identified on an Off-Street Route Plan Map.
Section 47-66 - Occupants.
(a) The number of occupants in a personal transportation vehicle (PTV) shall be limited to the
number of persons for whom factory seating is installed and provided on personal
transportation vehicle (PTV). The operator or any occupant shall be seated in the personal
transportation vehicle (PTV) and no parts of the bodies of the operator or any occupant shall
extend outside the perimeter of the personal transportation vehicle (PTV) while the personal
transportation vehicle (PTV) is being operated.
(b) Children 0 through 3 years of age riding in a PTV shall be properly protected using a crash-
tested, federally approved child restraint device; such restraint device must be a separate
carrier or a vehicle manufacturer’s integrated child seat. Children 4 through 5 years of age
shall be restrained using a separate carrier, an integrated child seat, or a seat belt.
Section 47-67 - Traffic Rules.
(a) The operator of the personal transportation vehicle (PTV) shall comply with all traffic rules
and regulations adopted by the State of Georgia (O.C.G.A. Title 40) and the City of Flowery
Branch (city code chapter 47) which govern the operation of motor vehicles.
(b) Pedestrians shall be given due consideration and reasonable right-of-way to ensure safe
passage.
(c) An audible warning shall be given by operators of personal transportation vehicles (PTV)
when approaching pedestrians from the rear.
(d) All laws and ordinances relative to alcohol and the use thereof, including open container
laws, apply to the operator and occupants of personal transportation vehicles (PTV).
Section 47-68 - Hazardous Activities.
No individual or group shall engage in hazardous activities on the authorized roads. Such
hazardous activities include, but are not limited to, the following:
(a) Racing of any kind;
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(b) Blocking of public access; and
(c) Loitering or parking on roads, bridges or in underpasses.
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Section 47-69 - Registration and Affidavit of Owner; Fee.
The owner of a personal transportation vehicle (PTV) shall register the PTV with the city
once every five (5) years for a fee not to exceed $15.00. PTV registration shall be filed with the
Community Development Director. The registration shall be completed on forms provided by the
Community Development Department. As part of the registration process, each owner shall be
required to sign an affidavit that the information provided by the owner on the registration form
is true and correct to the best of his knowledge and that the owner will abide by all City of
Flowery Branch laws and regulations regarding ownership and operation of a PTV, as well as
any applicable state laws. Registration shall be posted in any PTV operated within the City of
Flowery Branch.
Section 47-70 - Penalty.
A violation of any provision of this article shall constitute a violation of the Flowery Branch
City Code. An owner, lessee or operator may be cited to appear in the Flowery Branch Municipal
Court. Upon finding by such court that an owner, lessee, or operator of a personal transportation
vehicle (PTV) has violated any provision of this article, such person shall be subject to a fine not
to exceed $200.00 for each offense, along with court costs in the amount that same now exists, or
may hereafter be determined by ordinance or statute.
Section 47-71 - Liability Disclaimer.
This section is adopted to address the interest of public safety. Personal transportation
vehicles (PTV) are not designed or manufactured to be used on public streets, and the City of
Flowery Branch in no way advocates or endorses their operation on public streets or roads. The
city, by regulating such operation is merely trying to address obvious safety issues, and adoption
of this section is not to be relied upon as a determination that operating on public streets is safe
or advisable if done in accordance with this section. All persons who operate or ride upon
personal transportation vehicles (PTV) on public streets or roads do so at their own risk and
peril, and must be observant of, and attentive to the safety of themselves and others, including
their passengers, other motorists, bicycles, and pedestrians. The City of Flowery Branch has no
liability under any theory of liability and the city assumes no liability for permitting personal
transportation vehicles (PTV) on public streets and roads. Any person who operates a personal
transportation vehicle (PTV) is responsible for procuring liability insurance sufficient to cover
the risk involved in using a personal transportation vehicle (PTV) on the public streets and roads.
Section 47-72 – New Street Petition Process.
From time to time, new or existing streets may be desired to be added to the PTV Route
Plan. This process has been created so interested applicants may request the addition of new
streets based on meeting minimum criteria for application without the need to update the PTV
Route Plan. In order to make a request, minimum standards are required and outlined below.
Once it has been determined those standards are met, the petition can be forwarded to City
Council for review. City Council shall use the following criteria in considering whether a route
may be added to the PTV Route Plan:
(a) New streets shall have a maximum speed of 25 MPH and a maximum slope of 20 percent.
(b) If the street is already occupied with residents, a minimum of 10 percent of property owners
who are addressed off the subject street must sign a petition in favor of adding the street to
the PTV Route Plan.
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SECTION 2. SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional 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 or unconstitutional.
SECTION 3. EFFECTIVE DATE.
The effective date of this Ordinance shall be November 1, 2018.
SECTION 4. REPEALER.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of
the conflict.
Adopted this 18th day of October 2018.
___________________________
James M. Miller, Mayor
ATTEST
________________________________
Melissa McCain, City Clerk
APPROVED AS TO FORM
________________________________
E. Ronald Bennett, Jr., City Attorney
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider Health Insurance for 12/01/18 - 11/30/19
COUNCIL MEETING DATE: October 18, 2018
HISTORY:Please see the attached "Executive Summary"
FACTS AND ISSUES:Humana has an increase of 5.74% to from our current plan. Alliant Plan #81044 is 1.53% higher than the current planwith better benefits. Please see the attached "Executive Summary" for more information.
OPTIONS:Continue policy with Humana or change to another plan.
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: Yes
AMOUNT AND SOURCE OF FUNDS:General Fund and Water Sewer Fund - approved during budget process
RECOMMENDATION:Approve to change to Alliant Plan #81044 and keep Life/AD&D, Dental and add Vision with Humana.
SAMPLE MOTION: I motion for the City Council to authorize the Mayor to sign papers with Alliant Plans for the City's health insurance andremain with Humana for Life/AD&D, Dental and Vision insurance.
COLLABORATING DEPARTMENT:
DEPARTMENT: Finance
Prepared by: Melissa McCain
ATTACHMENTS EXECUTIVE_SUMMARY_-_Humana_10-18-2018.pdf Quote Comparison to Current Coverage - for 2018.pdf Humana Wellness Program Savings as of September 2018 Billing.pdf Dental Life Vision Insurance Quote - October 2018.pdf 10
City of Flowery Branch Council Meeting Minutes October 4, 2018 6:00 p.m.
City of Flowery Branch City Hall 5410 Pine Street, Flowery Branch GA, 30542
CALL WORK SESSION TO ORDER: Mayor Miller called the work session to order at 6:06 p.m. PLEDGE OF ALLEGIANCE: Mayor Miller led the Pledge of Allegiance. PRESENT: Mayor Mike Miller and Councilmembers Joe Anglin, Chris Mundy, Amy Farah
and Mary Jones. Also present were City Manager Bill Andrew, City Clerk Melissa McCain, City Planner Rich Atkinson, Finance Director Alisha Gamble, Police Chief David Spillers and Attorney Ron Bennett. PUBLIC HEARING: Public hearing occurred on the Variance Request below. UNFINISHED BUSINESS - WORK SESSION: Second Reading of Ordinance #348-18 - Zoning Code Update Planner Atkinson reviewed the changes in Article 24, 34, 38, 39, 40, 41, 42 and 43. Planner Atkinson specifically went over the following: Article 34: Appeal of Administrative Decision - Created application for this process. Article 40: All architectural and design standards must be met by anyone submitting for a new project, but a separate application is not required. The other articles updated were simple clarification changes. NEW BUSINESS -WORK SESSION: Variance Request - JPC Design and Construction, LLC - Zoning Article 10.9 (g). Planner Atkinson advised that the applicant was requesting relief from having to place gas pumps behind the building during their renovations.
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October 4, 2018 Minutes Page 2 of 14
Planner Atkinson advised that the applicant is proposing to tear down the old building and replace it with a Gas Station, Burger King, Subway and Car Wash. During this rebuilding, the applicant has also proposed to put the stormwater under ground as opposed to having the large detention area. Mayor Miller requested further information on the signage for the new businesses. Planner Atkinson advised that there would only be one sign listing all the businesses. Planner Atkinson suggested that the following conditions be incorporated into the variance:
1. Landscaping plan shall be submitted to staff for review. A heavy buffer shall be provided along Phil Niekro Boulevard.
2. Lighting plan shall be submitted to staff for review. 3. Comprehensive sign plan for the entire site. Staff and applicant shall agree upon specific
monument sign design that will include space for, or include, a “Welcome to Flowery Branch” message.
4. Stormwater shall be provided and shall be underground as submitted and approved via the Flowery Branch land disturbance requirements.
5. Principal structure shall be predominately brick. 6. Dumpster screening shall be consistent with the principal structure. 7. Gas canopies shall be designed to match the principal structure. 8. Secondary business (car wash) shall be designed to match the principal structure. 9. Plans shall include all conditions as set forth by City Council clearly printed on the front
page with the date of Council approval. First Reading of Ordinance 548 - Personal Transportation Vehicle (PTV) Rebecca Keefer, Clark Patterson Lee, approached the council and reviewed the plan pertaining to PTVs. Ms. Keefer reviewed the survey that was provided for residents on the website. The outcome was as follows:
• 23% did not own a PTV • 33% have a PTV • 44% do not have a PTV • 76% feel PTVs should be legal • 24% Do not think that PTVs should be legal
When asked what action is most important the outcome was as follows:
• 115 people – requested shared pathways • 105 people – requested PTVs be street legal • 77 people – Requested dedicated pathways • 45 people had no preference • 13 people marked other
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Ms. Keefer reviewed the proposed plan including the application and affidavit and noted the following requirements:
1. Minimum age to drive 2. Driver’s license required 3. Insurance required 4. Required safety equipment 5. Child safety restraints required 6. PTVs will be required to be registered through the City.
Ms. Keefer reviewed the map of proposed PTV authorized and unauthorized streets as well as indicated there would be approximately 40 locations where signs would be posted. Councilmember Anglin inquired if the required safety constraints were the same that are required in a vehicle. Ms. Keefer advised they were similar. Councilmember Farah inquired if there were operable hours. Ms. Keefer advised that operating hours could be established. Councilmember Anglin inquired on the choice of requiring a driver to be 17. Ms. Keefer advised that the top response on the survey was for older drivers. Councilmember Farah inquired on the process and cost to update the map of authorized streets for the use of PTVs. Ms. Keefer advised that roads can be added with a support rate of 10% of the street requesting to allow PTVs with minimal to no cost to the City. Councilmember Farah inquired if a road could be designated prior to houses being occupied. Ms. Keefer advised that as the policy is written no street may be added unless there is at least 10% of the street supporting it. Councilman Anglin asked for further information on PTVs crossing roadways. Ms. Keefer advised there would be signage within a certain distance of the intersection. Councilmember Farah inquired on the cost per sign. Ms. Keefer stated that they estimate each sign, with installation, at approximately $200.00. Mayor Miller inquired on the unauthorized use on Friendship Road when there is a multipurpose path.
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Manager Andrew advised that the path was not constructed to have PTV traffic. Mayor Miller advised that when Spout Springs is widened a multiuse trail will be installed; according to the proposed map, PTVs would not be authorized on this path. Manager Andrew advised that the multi-use trail is for walkers and bicycles not designated for PTV use. Councilman Mundy expressed concerns with the ability to get everything done, ordered and installed prior to November 1. Ms. Keefer advised that she will research signage and timing to implement the program and report by the next meeting. September 6, 2018 Meeting Minutes Clerk McCain had no changes. September 20, 2018 Meeting Minutes Clerk McCain had no changes. Resolution 18-021 Providing for the Elimination of a Grade Crossing at Chattahoochee Street Manager Andrew advised that staff has been working with Norfolk Southern on the possible closing of Chattahoochee St in return Norfolk Southern would install a Lunar Light which would prevent most trains from blocking Spring Street and Lights Ferry Road. Further, there would be an incentive payment of $50,000. Manager Andrew stated this stems from ongoing discussions on how to stop the trains from blocking all three crossings at one time. The issue is that the train engineers are required to view an Anan light which is located around the bend just past Lights Ferry Road; In order to see the light, the trains block all three intersections. Manager Andrew continued by stating that through staffs and Norfolk Southern discussions the solution was presented to close the Chattahoochee Street crossing with the installation of a Lunar Light just before Spring Street. This would leave Spring Street and Lights Ferry Road open most of the time and the engineers would be in compliance with railroad policy. Manager Andrew stated that if implemented, closure would start and a payment of $50,000 would be made to the City within 40 – 45 days. Manager Andrew reviewed three scenarios and the diversion of traffic for each of the crossings if any one of them were closed. 19
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Manager Andrew advised that staff is recommending the closure of Chattahoochee Street at the Norfolk Southern Railroad Crossing and to make Railroad Avenue one way northbound between Lights Ferry Road and Main Street. Manager Andrew noted that the Railroad would probably not follow through with the Lunar Light if the City failed to close one of the RR crossings. Manager Andrew further advised that there has also been some discussion on closing the Radford Road crossing and cars would divert to Exit 14 or HF Reed. Councilmember Farah expressed concerns with the trains getting longer and blocking the crossings with or without the lunar light.
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October 4, 2018 Minutes Page 7 of 14
Manager Andrew advised that if the train engineer started to follow their own policy, then Lights Ferry would be blocked as well as Spring Street and Chattahoochee Street all the time. Councilmember Farah advised that she was concerned and felt that this option may not solve the problem and may exasperate the problem. Councilmember Farah gave the example that on her way to the meeting tonight, Lights Ferry was backed up to the round-about without a train blocking the roadway, if we divert more traffic to Lights Ferry it will compound the issues especially during peak hours. Manager Andrew advised that Norfolk Southern will probably not install the Lunar Light unless they get a closing in return. Councilman Anglin inquired on the advantage to Norfolk Southern to have a crossing closed. Manager Andrew advised it is a safety and liability issue in addition to the expenses for the maintenance of the crossing and equipment. Councilman Anglin advised that he heard that Chattahoochee had a better clearance then Spring Street. Manager Andrew advised that staff can investigate the clearance and width of the crossings at Chattahoochee and Spring Street prior to the next meeting. Councilman Anglin expressed concerns with emergency vehicles getting across the tracks with the closing of a crossing. Councilmember Anglin inquired if the City could require the trains not to block the intersections and cite them if they did. Attorney Bennett stated that he would research other communities but stated that from his experience cities have not had much luck with citing the engineers. Councilmember Anglin inquired if just the southbound trains were the ones that stopped and if not, where would the north bound trains stop. Manager Andrew advised that most of the trains he has seen are south bound. DEPARTMENT REPORTS: City Manager Report Manager Andrew advised that the Cantrell Road Culvert has been installed and the roadway is open. Manager Andrew advised that there has not been a guard rail installed due to the road being 25 mph and having a wide width. (Guardrails are not required)
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October 4, 2018 Minutes Page 8 of 14
Manager Andrew reviewed the budget for the project. TOTAL PROJECT BUDGET: $500,000.00 SIMPSON CONTRACT PRICE: $454,313.50 TOTAL PD TO SIMPSON TO DATE: $255,561.70 CLARK PATTERSON INVOICE: $ 10,901.88 TOTAL REMAINING IN PROJECT: $233,536.42 Manager Andrew advised that traffic delineators were installed at Gaines Ferry and McEver Road at a cost of $906.44 *Includes weighted base and shipping. This cost does not include adhesives and labor. The issue is that people were using the turn lane as a passing lane when vehicles were turning left on Gaines Ferry. Finance Report: Director Gamble advised that the updated salary numbers had been sent to the council and that she was available for any questions prior to it going on the agenda. Planning Report: Planner Atkinson advised that the Conner property developer has pulled a land disturbance permit and work will begin soon. ADJOURNMENT WORK SESSION: Mayor Miller adjourned the work session at 7:21 p.m.
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VOTING SESSION MINUTES CALL VOTING SESSION TO ORDER: Mayor Miller called the voting session to order at 7:21 p.m. PUBLIC COMMENTS: Steven Roland, Rowland Engineering 3312 Northside Drive, Macon Ga. Mr. Rowland, applicant for the variance request, began reviewing the project. Mayor Miller stopped Mr. Rowland and advised that his discussion was more appropriate at the time his item was being discussed. Attorney Bennett advised that this variance was advertised as a public hearing even though it was not designated as one on the agenda. Further, Attorney Bennett advised that at the time the Council considers the resolution the public can have time to speak for or against the item then the Mayor can close the public hearing. Christine Worl, 5314 Gainesville Street, Flowery Branch Ms. Worl expressed concerns with the map indicating that PTVs were allowed on Gainesville Street. Manager Andrew advised that Gainesville Street was indicating that PTVs are not allowed. Ms. Worl also expressed concerns with the closing of Chattahoochee Street and advised that the other crossings will still be blocked regardless of the closing of Chattahoochee Street. Wallace Stiving, 7117 Artisans Way, Flowery Branch Mr. Stiving expressed concerns with the closing of the railroad crossing. Mr. Stiving advised that the Lunar Light should be installed at the Railroads expense to improve efficiency. Further Mr. Stiving feels that the city should cite engineers for blocking the crossings. Ed Asbridge, 7702 Copper Kettle Way, Flowery Branch Mr. Asbridge expressed concerns with the survey that was put out for the consideration of the PTVs. 24
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Mr. Asbridge felt that this survey was not a good representation of the total population of Flowery Branch with flaws such as people responding more than once and most of the support was from one area. Mr. Asbridge further advised that he felt the advertising for the survey was poor and the fact that only citizens with computers were targeted. Further, looking at the numbers, Mr. Asbridge advised that only 245 people responded with only 21 outside of Sterling on the Lake. Mr. Asbridge advised that the survey indicates more roadways which would cost millions of dollars and the cost to enforce this code increases. Mr. Asbridge suggested that the council put this vote off until more research has been done but if they feel they need to vote those with golf carts should recuse themselves from the vote. Janet Upchurch, 5644 Nags Head Circle, Gainesville, Ga. Ms. Upchurch expressed concerns with the train stopping on the tracks blocking the roadways. Ms. Upchurch advised that the engineers should follow their own rules and not stop for food on Main Street. Ms. Upchurch suggested that an overpass be installed at Radford Road so that crossing the tracks was still be obtainable even when the train is stopped. Kelly Mclincha, 5628 Church Street, Flowery Branch Ms. Mclincha expressed concerns with additional traffic on Church Street and inquired if the traffic study took into consideration the new residential development and the additional road traffic. Manager Andrew advised that it did incorporate those extra vehicles. Ms. Mclincha advised that she walks the streets and feels as if she was going to get hit when she walks her dog because of the current traffic problems. She also requested additional speed limit signs. Nedra Jones, 5659 McEver Road, Flowery Branch Ms. Jones advised that if there are issues with the traffic to and from the post office and the lineup with Chattahoochee Street then the City needs to install a traffic light at that intersection. Ms. Jones advised that the engineers have been cited in the past for blocking the tracks. Further, Ms. Jones advised that traffic is already bad and if the Railroad was turned into a one-way street it would cause traffic jams regularly.
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Ms. Jones advised that Buford has 4 crossings, Buford and Gainesville have crossings and none of these cities are closing their crossings and she felt the City shouldn’t accommodate the railroad and close the Chattahoochee Street crossing. Mack Jones, 5659 McEver Road, Flowery Branch Mr. Jones advised that he was against closing Chattahoochee Street and if people are forced to use crossings in other towns, they will not return to Flowery Branch. Jessica Payne 5322 Gainesville Street, Flowery Branch Ms. Payne advised that she has lived here for a long time and she is opposed to closing the Chattahoochee Street crossing. Ms. Payne advised that people will use the closed crossing to walk across the tracks to get to the other side and that would be dangerous. Louise Eubanks, 6008 Morrow Drive, Flowery Branch Ms. Eubanks advised that she had not received a PTV survey. Further Ms. Eubanks advised that if the City wants to close a crossing, close the busiest one which is the Lights Ferry crossing. Ms. Eubanks requested a turning lane and improvements to the McEver Road and Lights Ferry intersection. Ms. Eubanks also expressed concerns about traffic at the proposed gas station. CONSENT AGENDA: Mayor Miller advised that the per diem was removed from the agenda and only the minutes were being considered at this time.
• September 6, 2018 Meeting Minutes • September 20, 2018 Meeting Minutes
There was a motion made to approve the meeting minutes on the consent agenda. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried
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October 4, 2018 Minutes Page 12 of 14
UNFINISHED BUSINESS - VOTING SESSION: Second Reading of Ordinance #348-18 - Zoning Code Update Attorney Bennett read the caption to Ordinance 348-18. There was a motion made to approve the second reading of Ordinance#348-18 noting that a comprehensive update on the codes should be completed. MOTION: Amy Farah SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried NEW BUSINESS - VOTING SESSION: Variance Request by JPC Design and Construction, LLC for a Variance from the Zoning Article 10.9 (g). Attorney Bennett advised that this is the continuation of the public hearing on the variance request. Mr. Rowland presented a proposed signage concept. Mr. Rowland advised that Subway has approached and asked if Jones Petroleum would be interested in purchasing the franchise. Councilmember Anglin inquired if the proposed businesses would have separate entrances. Mr. Rowland stated possibly but more than likely there would be one main entrance and visitors will go left or right to get to adjoining stores. All share same restroom facilities. Mayor Miller closed the public hearing at 8:06 p.m. Mayor Miller reopened the voting session at 8:06 p.m. There was a motion made to approve the variance for JPC Design and Construction, LLC with the listed conditions:
1. Landscaping plan shall be submitted to staff for review. A heavy buffer shall be provided along Phil Niekro Boulevard.
2. Lighting plan shall be submitted to staff for review. 3. Comprehensive sign plan for the entire site. Staff and applicant shall agree upon specific
monument sign design that will include space for, or include, a “Welcome to Flowery Branch” message.
4. Stormwater shall be provided and shall be underground as submitted and approved via the Flowery Branch land disturbance requirements.
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October 4, 2018 Minutes Page 13 of 14
5. Principal structure shall be predominately brick. 6. Dumpster screening shall be consistent with the principal structure. 7. Gas canopies shall be designed to match the principal structure. 8. Secondary business (car wash) shall be designed to match the principal structure. 9. Plans shall include all conditions as set forth by City Council clearly printed on the front
page with the date of Council approval. MOTION: Chris Mundy SECOND: Amy Farah AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried First Reading of Ordinance 548 - Personal Transportation Vehicle (PTV) Attorney Bennett read the caption to Ordinance 548. There was a motion made to approve the first reading of Ordinance 548. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried Resolution 18-021 Providing for the Elimination of a Grade Crossing at Chattahoochee Street Attorney Bennett read the caption to Resolution 18-021 There was a motion made to table Resolution 18-021 until November 1st, 2018 and direct staff to host an information meeting prior the November 1st Council Meeting. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried EXECUTIVE SESSION: There was no executive session.
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October 4, 2018 Minutes Page 14 of 14
ADJOURNMENT: There was a motion made to adjourn at 8:39 p.m. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried __________________________ _______________ _____________________________ Mayor – Mike Miller Date City Clerk – Melissa McCain
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider Resolution 18-022 Personal Transportation Vehicle Plan, Route Plan, Fees, and Procedures.
COUNCIL MEETING DATE: October 18, 2018
HISTORY:
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve as submitted.
SAMPLE MOTION: I vote to approve Resolution No.18-022 as submitted.
RESOLUTION NO.18-022 A RESOLUTION OF THE CITY OF FLOWERY BRANCH CITY COUNCIL ADOPTING THE PERSONAL TRANSPORTATION VEHICLE (PTV) PLAN AND ASSOCIATED ROUTE PLAN (AS SHOWN AS EXHIBIT “A”) AND FEES (AS SHOWN AS EXHIBIT “B”).
WHEREAS, the City of Flowery Branch is authorized by O.C.G.A. § 40-6-365 to expressly permit and regulate personal transportation vehicles within the City limits; and
WHEREAS, the City of Flowery Branch seeks to allow PTVs to operate safely and efficiently on City roads; and WHEREAS, the City of Flowery Branch is required to assemble and adopt a PTV Plan that defines uniform specifications for operation of a PTV, outlines a permitting process, and establishes minimum safety criteria; and WHEREAS, the PTV Route Plan identifies on-street routes appropriate for the safe travel of PTVs; and
WHEREAS, in accordance with State Law, Flowery Branch seeks to establish a $15.00 fee for PTV registration as outlined in the PTV Plan to recover a portion of the cost to administer the program.
NOW THEREFORE BE IT RESOLVED, that the governing authority of the City of Flowery Branch, Georgia, hereby adopts the PTV Plan, Route Map, and amends the schedule of fees by adding a fee for the registration, review, and other related activity for PTVs operating within the city limits of Flowery Branch, and the Personal Transportation (PTV)Georgia as outlined in and shown in the attached “Exhibit A” and “Exhibit B” and adopted herein. All resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of the conflict. This resolution shall become effective on November 1, 2018. RESOLVED this 18th day of October 2018. ____________________________
James M. Miller, Mayor ATTEST ________________________________ Melissa McCain, City Clerk APPROVED AS TO FORM ________________________________ E. Ronald Bennett, Jr., City Attorny
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City of Flowery Branch
Draft for consideration 10.18.18
Exhibit A
32
Prepared for
City of Flowery Branch
Acknowledgements
City Council:
Mike Miller
Chris Mundy
Mary Jones
Joe Anglin
Amy Farah
Staff:
Bill Andrew, City Manager
Rich Atkinson, Director of Planning
and Community Development
David Spillers, Police Chief
Prepared by CPL
Consultant Team
Rich Edinger, Principal in Charge
Rebecca Keefer, Project Manager
Justin Steinbeck
Andrew Russell
2
33
3
EXECUTIVE SUMMARY
REGULATORY AUTHORITY
COMMUNITY INPUT
Outreach
Community Survey
FACILITIES PLANNING
REGULATORY FRAMEWORK
Ordinance
REGISTRATION PROCESS
Application
Affidavit
Permit Log
IMPLEMENTATION
Action Plan
APPENDIX
Raw Survey Data
Survey Response Map
PTV Route Plan Map
34
EXECUTIVE SUMMARY
35
CPL has been engaged by the City of Flowery Branch todevelop a Personal Transportation Vehicle (PTV) Plan. The Planincorporates public feedback, best practices and engineeringtechniques, and a regulatory outline so the City can allow thesafe operation of PTVs within City limits. The final planpresented for adoption provides a summary of State lawrequirements for local governments pursuing PTV Plans;analysis of a public input survey, designed to gauge thepublic’s interest in permitting PTVs in Flowery Branch;recommendations on how PTVs should be regulated; route PlanMap has been developed to identify where PTVs can operatewith appropriate criteria for assessing new or altered streets inthe future, as well as signage and marking plans to ensurecrossings at State Highways are properly signed in accordancewith State law; and a detailed registration process is outlinedthat includes all necessary forms, inventories, and ordinancelanguage. Finally, an implementation plan provides a shortterm action plan to ensure the registration process isadequately set-up, and measures are identified for ongoingmaintenance of the program.
5
This Photo by Unknown Author is licensed under CC BY-SA
OCGA 40-6-365 stipulates that localgovernments can expressly permit andregulate the use of personal transportationvehicles upon the adoption of a PersonalTransportation Vehicle (PTV) Plan. Whilethere are minimum standards fordevelopment of a PTV Plan, there are otherregulations local governments mayregulate, should they choose toincorporate them into the regulations. Therelevant sections of State Law can bereferenced in Title 40, Chapter 6, Article13, Parts 3 and 6.
The City of Flowery Branch is relegatedauthority to permit and regulate PTVs inaccordance with State Law. The processoutlined herein represents and defines theCity’s regulatory authority upon adoptionby the City Council.
7
This Photo by Unknown Author is licensed under CC BY-SA
The community was engaged in this process through awebpage hosted by the City. Information about thePTV Plan was updated regularly to inform the publicabout the progress of the Plan. The public had accessto a community survey, and through that survey, wecollected email addresses of respondents interested inkeeping up to date on the project. The consultant teamprovided updates and draft documents to the email listand responded to questions and comments on the Plan.The Plan and its contents will be reviewed by CityCouncil prior to adoption. Materials have been postedon the City’s website, attached to the City Councilagenda, and circulated to members of the communityvia email.
9
40
In an effort to gauge community interest in allowing and regulating PTVs, the City posteda survey from July 10 until August 24. The survey was posted on the City’s website,accompanied by general project information. Throughout the survey period, 245respondents provided input. The raw data can be found in the PTV Plan appendix.
10
41
Overall, 76 percent of respondentsindicated they think PTVs should belegal in Flowery Branch. Bycomparison, only 33 percent ofrespondents currently own a PTV, andanother 23 percent say they wouldlike to own one. That leaves a total of56 percent of people who will likelyown a PTV if the City Council movesforward with this PTV Plan andanother 20 percent of people whosupport the idea of legalizing thevehicles but do not intend to own one.Therefore, there is strong communitysupport for pursuing this process.
11
186
59
DO YOU THINK PTVS SHOULD BE
LEGAL IN FLOWERY BRANCH?
Yes No
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The survey results have been reviewed, and several regulations have been developed to address feedback provided by respondents. The following regulations have been included in the draft ordinance:
▪ Age to operate PTVs: 17 years old – 79 percent of respondents preferred drivers to be over 16 years of age.
▪ Type vehicle: Both electric and gas powered PTVs are permitted – 72 percent of respondents favored allowing both.
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The following recommendations have been added to the action plan:
▪ PTV Route Plan Map identifies legal streets for PTV operations on internal neighborhoodstreets and streets signed 25 MPH or less – the top locations identified for PTV use indescending popularity are as follows: Sterling on the Lake internal streets, otherneighborhood streets, any streets signed 25 MPH or less, and downtown streets.
▪ Encourage private developers to provide off-street paths in new developments to connect tothe existing and planned PTV route network – 49 percent of respondents recommendeddeveloping requirements for developers to provide paths.
▪ Prioritize development of multi-use paths that are wide enough to accommodate PTVs byseeking funding opportunities – 47 percent of respondents indicated this is the mostimportant action for City Council with respect to PTVs.
SURVEY FEEDBACK – ACTION PLAN
13
115 105
77
45
13
SHARED
PATHWAYS
STREET-
LEGAL
DEDICATED
PATHWAYS
NONE OTHER
WHAT ACTION IS MOST IMPORTANT FOR
CITY COUNCIL WITH RESPECT TO PTVS?
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FACILITIES PLANNING
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On-Street PTV Route Plan
The on-street PTV Route Plan summarizes the public roads in Flowery Branch thatwill be permitted to accept PTVs. These streets were determined to be safe andacceptable for PTVs based on their permitted speed limits, design speeds, lines ofsight, and proximity to destinations.
Prior to implementing the PTV Plan, the Signage Upgrades Plan indicates thesignage that will be required to be installed throughout the City to adequatelyinform the public of PTV routes.
15
46
Conceptual Off-Street Path
Off-street paths have been identified as relatively high priorities for membersof the community wanting to legalize the use of PTVs in the City of FloweryBranch. Off-street paths provide a level of separation and comfort from higherspeed traffic as an alternative to sharing the road with other automobiles. Afollow-up effort to identify conceptual alignments may be a task for CityCouncil to prioritize in the future. Minimum design criteria will be determinedat that time.
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47
REGULATORY FRAMEWORK
48
18
49
Chapter 47 – Traffic and Vehicles
Article IV. - Personal Transportation Vehicles
Section 47-60 - Definitions.
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(a) Personal transportation vehicle (to include golf carts meeting definition and maintaining all equipment standards in Section 47-64) means motor vehicle having not less than three (3) wheels in contact with the ground and unladen weight less than one thousand three hundred (1,300) pounds which is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour and any motor vehicle having no fewer than four (4) wheels and an unladen weight of one thousand three hundred seventy-five (1,375) pounds or less and which cannot operate at more than twenty (20) miles an hour. Such vehicles may also be referred to as 'motorized carts.' The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs and scooters that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multi-purpose off-highway vehicle.
(b) Driver's license means a valid license to operate a motor vehicle issued by the State of Georgia or any other state.
(c) Proof of insurance means documented (written) proof of liability insurance on the personal transportation vehicle (PTV) insuring against personal injury and damage to property of any nature relative to the operation of a personal transportation vehicle (PTV) on designated city streets and roads in an amount not less than required by Georgia law for motor vehicles operated on public highways in the State of Georgia.
Section 47-61 - Operation of Personal Transportation Vehicles (PTV).
The City of Flowery Branch adopts O.C.G.A. §§ 40-6-330 through 40-6-369.1 and 40-6-371 "Standards for Operation of Personal Transportation Vehicles (PTV)." Provided all provisions of this article are followed, personal transportation vehicles as defined by O.C.G.A. § 40-1-1 (43.1), also known as motorized carts, may be operated on public roads or on multi-use paths designated by the PTV Route Plan Map adopted by Resolution by the Mayor and City Council.
Section 47-62 - Operator.
Only persons seventeen (17) years of age or older and holding a valid driver's license may operate a personal transportation vehicle (PTV) on the above-described roads and facilities within the city.
Section 47-63 - Insurance Required.
The operator or owner of a personal transportation vehicle (PTV) shall have written proof of insurance. Documentation of such coverage shall be submitted during the registration process outlined in Section 47-69.
Section 47-64 - Equipment Requirements.
(a) All personal transportation vehicles shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake;
50
(2) A reverse warning device functional at all times when the directional control is in the reverse position;
(3) A main power switch. When the switch is in the "off" position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the "off" position;
(4) Head lamps;
(5) Reflex reflectors;
(6) Tail lamps;
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels; and
(10) Hip restraints and hand holds or a combination thereof.
(b) A gasoline powered personal transportation vehicle (PTV) shall be equipped with factory installed safety systems, including indicator for gasoline or propane leaks, a speed governor and an exhaust system in good working order and in constant operation, meeting the following specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to, and including, the muffler(s) and exhaust pipe(s).
(2) The exhaust system and its elements shall be securely fastened.
(3) The engine of every cart shall be so equipped, adjusted and tuned, as to prevent the escape of excessive smoke or fumes.
(c) Electric personal transportation vehicles (PTVs) shall be equipped with, at a minimum, all factory installed safety systems and a charge indicator for low battery.
(d) All personal transportation vehicles (PTVs) regulated by this article shall be maintained in safe condition at all times.
Section 47-65 – Prohibited Areas of Operation.
Personalized transportation vehicles may not be operated on local roads, state roads, or federal highways, unless specifically identified on a PTV Route Plan Map. PTVs are not allowed on multi-use paths or sidewalks, unless specifically identified on an Off-Street Route Plan Map.
Section 47-66 - Occupants.
(a) The number of occupants in a personal transportation vehicle (PTV) shall be limited to the number of persons for whom factory seating is installed and provided on personal transportation vehicle (PTV). The operator or any occupant shall be seated in the personal transportation vehicle (PTV) and no parts of the bodies of the operator or any occupant shall extend outside the perimeter of the personal transportation vehicle (PTV) while the personal transportation vehicle (PTV) is being operated.
(b) Children 0 through 3 years of age riding in a PTV shall be properly protected using a crash-tested, federally approved child restraint device; such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat. Children 4 through 5 years of age shall be restrained using a separate carrier, an integrated child seat, or a seat belt.
Section 47-67 - Traffic Rules.
(a) The operator of the personal transportation vehicle (PTV) shall comply with all traffic rules and regulations adopted by the State of Georgia (O.C.G.A. Title 40) and the City of Flowery Branch (city code chapter 47) which govern the operation of motor vehicles.
51
(b) Pedestrians shall be given due consideration and reasonable right-of-way to ensure safe passage.
(c) An audible warning shall be given by operators of personal transportation vehicles (PTV) when approaching pedestrians from the rear.
(d) All laws and ordinances relative to alcohol and the use thereof, including open container laws, apply to the operator and occupants of personal transportation vehicles (PTV).
Section 47-68 - Hazardous Activities.
No individual or group shall engage in hazardous activities on the authorized roads. Such hazardous activities include, but are not limited to, the following:
(a) Racing of any kind;
(b) Blocking of public access; and
(c) Loitering or parking on roads, bridges or in underpasses.
Section 47-69 - Registration and Affidavit of Owner; Fee.
The owner of a personal transportation vehicle (PTV) shall register the PTV with the city once every five (5) years for a fee not to exceed $15.00. PTV registration shall be filed with the Community Development Director. The registration shall be completed on forms provided by the Community Development Department. As part of the registration process, each owner shall be required to sign an affidavit that the information provided by the owner on the registration form is true and correct to the best of his knowledge and that the owner will abide by all City of Flowery Branch laws and regulations regarding ownership and operation of a PTV, as well as any applicable state laws. Registration shall be posted in any PTV operated within the City of Flowery Branch.
Section 47-70 - Penalty.
A violation of any provision of this article shall constitute a violation of the Flowery Branch City Code. An owner, lessee or operator may be cited to appear in the Flowery Branch Municipal Court. Upon finding by such court that an owner, lessee, or operator of a personal transportation vehicle (PTV) has violated any provision of this article, such person shall be subject to a fine not to exceed $200.00 for each offense, along with court costs in the amount that same now exists, or may hereafter be determined by ordinance or statute.
Section 47-71 - Liability Disclaimer.
This section is adopted to address the interest of public safety. Personal transportation vehicles (PTV) are not designed or manufactured to be used on public streets, and the City of Flowery Branch in no way advocates or endorses their operation on public streets or roads. The city, by regulating such operation is merely trying to address obvious safety issues, and adoption of this section is not to be relied upon as a determination that operating on public streets is safe or advisable if done in accordance with this section. All persons who operate or ride upon personal transportation vehicles (PTV) on public streets or roads do so at their own risk and peril, and must be observant of, and attentive to the safety of themselves and others, including their passengers, other motorists, bicycles, and pedestrians. The City of Flowery Branch has no liability under any theory of liability and the city assumes no liability for permitting personal transportation vehicles (PTV) on public streets and roads. Any person who operates a personal transportation vehicle (PTV) is responsible for procuring liability insurance sufficient to cover the risk involved in using a personal transportation vehicle (PTV) on the public streets and roads.
Section 47-72 – New Street Petition Process.
From time to time, new or existing streets may be desired to be added to the PTV Route Plan. This process has been created so interested applicants may request the addition of new streets based on meeting minimum criteria for application without the need to update the PTV Route Plan. In order to make a request, minimum standards are required and outlined below. Once it has been determined
52
those standards are met, the petition can be forwarded to City Council for review. City Council shall use the following criteria in considering whether a route may be added to the PTV Route Plan:
(a) New streets shall have a maximum speed of 25 MPH and a maximum slope of 20 percent.
(b) If the street is already occupied with residents, a minimum of 10 percent of property owners who are addressed off the subject street must sign a petition in favor of adding the street to the PTV Route Plan.
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REGISTRATION PROCESS
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Any PTV operating in the City of Flowery Branchcity limits is required to register the vehicle. Theowner of a personal transportation vehicle (PTV)shall register the PTV with the city once everyfive (5) years for a $15.00 fee. Registration isfiled with the Community Development Director.A form is provided to applicants to enter thenecessary information based on the ordinancerequirements.
As part of the registration process, each ownershall be required to sign an affidavit that theinformation provided by the owner on theregistration form is true and correct to the best ofhis knowledge and that the owner will abide byall City of Flowery Branch laws and regulationsregarding ownership and operation of a PTV, aswell as any applicable state laws. The registrationdecal provided by the City is required to beposted in any PTV operated within the City ofFlowery Branch.
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55
25
56
1
PERSONAL TRANSPORTATION VEHICLE (PTV) REGISTRATION
Date: ________________ Total Fee: ____________________________________________
57
27
58
1
PERSONAL TRANSPORTATION VEHICLE (PTV) REGISTRATION AFFIDAVIT
City Provided Registration #
Certification that you have reviewed and will comply with the entirety of this
article is required prior to PTV Registration.
Chapter 47 – Traffic and Vehicles
Article IV. - Personal Transportation Vehicles
Section 47-60 - Definitions.
For the purpose of this article, the following definitions shall apply, unless the context
clearly indicates or requires a different meaning.
(a) Personal transportation vehicle (to include golf carts meeting definition and
maintaining all equipment standards in Section 47-64) means motor vehicle having
not less than three (3) wheels in contact with the ground and unladen weight less than
one thousand three hundred (1,300) pounds which is designed and manufactured for
operation on a golf course for sporting or recreational purposes and that is not capable
of exceeding speeds of twenty (20) miles per hour and any motor vehicle having no
fewer than four (4) wheels and an unladen weight of one thousand three hundred
seventy-five (1,375) pounds or less and which cannot operate at more than twenty (20)
miles an hour. Such vehicles may also be referred to as 'motorized carts.' The term
does not include mobility aids, including electric personal assistive mobility devices,
power wheelchairs and scooters that can be used indoors and outdoors for the express
purpose of enabling mobility for a person with a disability. The term also does not
include any all-terrain vehicle or multi-purpose off-highway vehicle.
(b) Driver's license means a valid license to operate a motor vehicle issued by the
State of Georgia or any other state.
(c) Proof of insurance means documented (written) proof of liability insurance on the
personal transportation vehicle (PTV) insuring against personal injury and damage to
property of any nature relative to the operation of a personal transportation vehicle
(PTV) on designated city streets and roads in an amount not less than required by
Georgia law for motor vehicles operated on public highways in the State of Georgia.
Section 47-61 - Operation of Personal Transportation Vehicles (PTV).
The City of Flowery Branch adopts O.C.G.A. §§ 40-6-330 through 40-6-369.1 and 40-
6-371 "Standards for Operation of Personal Transportation Vehicles (PTV)." Provided
59
2
all provisions of this article are followed, personal transportation vehicles as defined
by O.C.G.A. § 40-1-1 (43.1), also known as motorized carts, may be operated on public
roads or on multi-use paths designated by the PTV Route Plan Map adopted by
Resolution by the Mayor and City Council.
Section 47-62 - Operator.
Only persons seventeen (17) years of age or older and holding a valid driver's license
may operate a personal transportation vehicle (PTV) on the above-described roads and
facilities within the city.
Section 47-63 - Insurance Required.
The operator or owner of a personal transportation vehicle (PTV) shall have written
proof of insurance. Documentation of such coverage shall be submitted during the
registration process outlined in Section 47-69.
Section 47-64 - Equipment Requirements.
(a) All personal transportation vehicles shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the vehicle,
including a parking brake;
(2) A reverse warning device functional at all times when the directional control is in
the reverse position;
(3) A main power switch. When the switch is in the "off" position, or the key or other
device that activates the switch is removed, the motive power circuit shall be
inoperative. If the switch uses a key, it shall be removable only in the "off" position;
(4) Head lamps;
(5) Reflex reflectors;
(6) Tail lamps;
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels; and
(10) Hip restraints and hand holds or a combination thereof.
(b) A gasoline powered personal transportation vehicle (PTV) shall be equipped with
factory installed safety systems, including indicator for gasoline or propane leaks, a
speed governor and an exhaust system in good working order and in constant
operation, meeting the following specifications:
(1) The exhaust system shall include the piping leading from the flange of the
exhaust manifold to, and including, the muffler(s) and exhaust pipe(s).
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3
(2) The exhaust system and its elements shall be securely fastened.
(3) The engine of every cart shall be so equipped, adjusted and tuned, as to prevent
the escape of excessive smoke or fumes.
(c) Electric personal transportation vehicles (PTVs) shall be equipped with, at a
minimum, all factory installed safety systems and a charge indicator for low battery.
(d) All personal transportation vehicles (PTVs) regulated by this article shall be
maintained in safe condition at all times.
Section 47-65 – Prohibited Areas of Operation.
Personalized transportation vehicles may not be operated on local roads, state roads,
or federal highways, unless specifically identified on a PTV Route Plan Map. PTVs are
not allowed on multi-use paths or sidewalks, unless specifically identified on an Off-
Street Route Plan Map.
Section 47-66 - Occupants.
(a) The number of occupants in a personal transportation vehicle (PTV) shall be
limited to the number of persons for whom factory seating is installed and provided on
personal transportation vehicle (PTV). The operator or any occupant shall be seated in
the personal transportation vehicle (PTV) and no parts of the bodies of the operator or
any occupant shall extend outside the perimeter of the personal transportation vehicle
(PTV) while the personal transportation vehicle (PTV) is being operated.
(b) Children 0 through 3 years of age riding in a PTV shall be properly protected
using a crash-tested, federally approved child restraint device; such restraint device
must be a separate carrier or a vehicle manufacturer’s integrated child seat. Children
4 through 5 years of age shall be restrained using a separate carrier, an integrated
child seat, or a seat belt.
Section 47-67 - Traffic Rules.
(a) The operator of the personal transportation vehicle (PTV) shall comply with all
traffic rules and regulations adopted by the State of Georgia (O.C.G.A. Title 40) and
the City of Flowery Branch (city code chapter 47) which govern the operation of motor
vehicles.
(b) Pedestrians shall be given due consideration and reasonable right-of-way to
ensure safe passage.
(c) An audible warning shall be given by operators of personal transportation
vehicles (PTV) when approaching pedestrians from the rear.
(d) All laws and ordinances relative to alcohol and the use thereof, including open
container laws, apply to the operator and occupants of personal transportation
vehicles (PTV). 61
4
Section 47-68 - Hazardous Activities.
No individual or group shall engage in hazardous activities on the authorized roads.
Such hazardous activities include, but are not limited to, the following:
(a) Racing of any kind;
(b) Blocking of public access; and
(c) Loitering or parking on roads, bridges or in underpasses.
Section 47-69 - Registration and Affidavit of Owner; Fee.
The owner of a personal transportation vehicle (PTV) shall register the PTV with the
city once every five (5) years for a fee not to exceed $15.00. PTV registration shall be
filed with the Community Development Director. The registration shall be completed
on forms provided by the Community Development Department. As part of the
registration process, each owner shall be required to sign an affidavit that the
information provided by the owner on the registration form is true and correct to the
best of his knowledge and that the owner will abide by all City of Flowery Branch laws
and regulations regarding ownership and operation of a PTV, as well as any applicable
state laws. Registration shall be posted in any PTV operated within the City of Flowery
Branch.
Section 47-70 - Penalty.
A violation of any provision of this article shall constitute a violation of the Flowery
Branch City Code. An owner, lessee or operator may be cited to appear in the Flowery
Branch Municipal Court. Upon finding by such court that an owner, lessee, or
operator of a personal transportation vehicle (PTV) has violated any provision of this
article, such person shall be subject to a fine not to exceed $200.00 for each offense,
along with court costs in the amount that same now exists, or may hereafter be
determined by ordinance or statute.
Section 47-71 - Liability Disclaimer.
This section is adopted to address the interest of public safety. Personal transportation
vehicles (PTV) are not designed or manufactured to be used on public streets, and the
City of Flowery Branch in no way advocates or endorses their operation on public
streets or roads. The city, by regulating such operation is merely trying to address
obvious safety issues, and adoption of this section is not to be relied upon as a
determination that operating on public streets is safe or advisable if done in
accordance with this section. All persons who operate or ride upon personal
transportation vehicles (PTV) on public streets or roads do so at their own risk and
peril, and must be observant of, and attentive to the safety of themselves and others,
including their passengers, other motorists, bicycles, and pedestrians. The City of
Flowery Branch has no liability under any theory of liability and the city assumes no
liability for permitting personal transportation vehicles (PTV) on public streets and 62
5
roads. Any person who operates a personal transportation vehicle (PTV) is responsible
for procuring liability insurance sufficient to cover the risk involved in using a
personal transportation vehicle (PTV) on the public streets and roads.
Section 47-72 – New Street Petition Process.
From time to time, new or existing streets may be desired to be added to the PTV
Route Plan. This process has been created so interested applicants may request the
addition of new streets based on meeting minimum criteria for application without the
need to update the PTV Route Plan. In order to make a request, minimum standards
are required and outlined below. Once it has been determined those standards are
met, the petition can be forwarded to City Council for review. City Council shall use
the following criteria in considering whether a route may be added to the PTV Route
Plan:
(a) New streets shall have a maximum speed of 25 MPH and a maximum slope of
20 percent.
(b) If the street is already occupied with residents, a minimum of 10 percent of
property owners who are addressed off the subject street must sign a petition in favor
of adding the street to the PTV Route Plan.
Acknowledgements:
I hereby acknowledge that I have received a copy of the regulations and PTV Route
Plan Map covering Personal Transportation Vehicles as shown above and will comply
with it. I am aware that failure to comply with said requirements would result in
revocation of PTV license and/or legal action by the City of Flowery Branch. In
making the above representation under oath, I understand that any person who
knowingly and willfully makes a false, fictitious, or fraudulent statement or
representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20.
____________________________________________ ___________ Signature of Applicant Date ____________________________________________ Printed Name of Applicant
Executed in _______________________________ (city), __________________ (state).
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ____ DAY OF _________, 20___.
_______________________________________ My Commission Expires: _____________
NOTARY PUBLIC/SEAL 63
33
64
34
65
IMPLEMENTATION
66
36
67
37
68
APPENDIX
69
39
70
8/27/2018 General report - Flowery Branch PTV Survey
Where would you most like to see PTVs legal (check all that apply)?245 out of 245 people answered this question
What type of PTVs should be allowed in Flowery Branch?245 out of 245 people answered this question
Would you recommend developing ordinances requiring certain private developments to provide the following forPTVs?245 out of 245 people answered this question
What is your current employment status?244 out of 245 people answered this question
126 / 52%1
48 / 20%2
27 / 11%3
20 / 8%4
10 / 4%5
8 / 3%6
3 / 1%7
1 / 0%8
1 / 0%9
Employed full-time
Retired
Self-employed
Homemaker
Employed part-time
I prefer not to answer
Student
Not looking for work
Unemployed
75
45
76
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MCEV
ER RO
AD
PHIL NIEKRO BOULEVARD
SPOUT SPRINGS ROAD
HOGM
OUNTAIN ROAD
GAINES FERRY ROAD
FRAZERROAD
SPRING LAKE DRIVE
CANTRELL ROAD
H F REED INDUSTRIAL PARKWAY
ATLANTAHIGHWAY
SWANSEY ROAD
FALC
ONPAR
KWAY
BIGSKYDRIVE
LIGHTS FERRYROAD
WADE ORR ROAD
ELIZABETH LANE
LAKE STERLING BOULEVARD
MULBERRY STREET
COMPASS DRIVE
MARTIN
ROAD
SPRING STREET
EAGLEWATCHDRIVE
RAFEBANKS DRIVE
RADFORD ROAD
LAKE
C ROS
SING
DRIVE
FLAT
ROCK DRIVE
FRIENDSHIP ROAD
AMHERST WAY
CASHROAD
THUR
MON TANNER PARKWAY
GAINESV
ILLE STR
EET
BELL DRIVE
MOUNTSALEM CIR
CLE
MITCHELL STREET
CAPITOLA FARM ROAD
RAFE COURT
BLACKJACK ROAD
JIM CROWROAD
OVERBY ROAD
COVE
CREEK DRIVE
OLDORR
ROAD
WILMINGTONWAY
IVY SPRINGSDRIVE
SAMOA WAY
WARREN ROAD
MORROW DRIVE
OAKFERN TRAIL
J MTURK ROAD
LANIER PARKW
AY
WAYNE DRIVE
OAK RIDGE DRIVE
BRAGG ROAD
WWH
ITEROAD
FLO WER YWAY
RIDGE
ROAD
RAMP
MALIBU RIDGE
SASS
E RRO
AD
CONNER ROAD
LOLLIS CREEK ROAD
LOO P
ERLAK
EDRIV
E
BENNETT ROAD
NEWBERRY POINTDRIVE
NORTONCIRCLE
Legend#* Survey Responses
StreetsParcelsWaterbodiesCity Limits
O
City of Flowery BranchPersonal Transportation
Vehicle Plan---------
Survey Response Map
77
47
78
MCEV
ER RO
AD
PHIL NIEKRO BOULEVARD
HOGMOUNTAI
N ROAD
FRAZER ROAD
SPRING LAKE DRIVE
GAINES FERRY ROAD
CANTRELL ROAD
H F REED INDUSTRIAL PARKWAY
ATLANTA HIGHWAY
FALC
ONPA
RKWA
Y
RIVER ROAD
BIGSKYDRIVE
LIGHTS FERRY ROAD
WADE ORR ROAD
ELIZABETH LANE
LAKE STERLING BOULEV
ARD
CHURCH
STREET
MULBERRY STREET
COMPASSDR
IVE
MARTIN
ROAD
EAGLEWATCHDRIVE
RAFEBANKS
DRIVE
RADFORD ROAD
LAKE
CROS
SING
DRIVE
FLAT
ROCK DRIVE
FRIENDSHIP ROAD
AMHERST WAY
CASH ROAD
THUR
MON TANNER PARKWAY
RAILRO
AD AVE
NUE
BELLDRIVE
MOUNT SALEM CIR
CLE
SPOUT SPRINGS ROAD
CAPITOLA FARM ROAD
RAFE COURT
BLACKJACK ROAD
JIM CROWROAD
OVERBY ROAD
GAINESV
ILLE ST
REET
OLDORR
ROAD
WILMINGTONWAY
IVY SPRINGSDRIVE
GLEN OAKDRIVE
SAMOA WAY
SWANSEY ROAD
MORROW DRIVE
J M TURK ROAD
LANIER
PARKW
AY
OAKFERN TRAIL
WARREN ROAD
BRAGGROAD
WWH
ITEROAD
FLOWERYWAY
RIDGE
ROAD
RAMP
MALIBU RIDGE
SASS
ERRO
AD
CONNER ROAD
LOLLIS CREE
K ROAD
LOOP
E RLAK
EDRIV
E
BENNETT ROAD
NEWBERRY POINTDRIVE
NORTONCIRCLE
LegendCity LimitsPTVs PermittedPTVs ProhibitedNot in City limits
O
City of Flowery BranchPersonal Transportation
Vehicle Plan---------
Route Map
79
Exhibit “B”
TYPE OF APPLICATION OR PERMIT
FEE
ZONING APPLICATIONS Comprehensive Plan Amendment (Minor) $ 500.00 Comprehensive Plan Amendment (Major) TBD Rezoning Request $ 500.00 Annexation Request $ 500.00 Zoning Code Amendment $ 500.00 City Council Appeal $ 500.00 Conditional Use Permit $ 350.00 Driveway Permit $ 50.00 Flood Hazard area/floodplain management permit $ 50.00 Flood Hazard area/floodplain management variance $ 350.00 Permit for Special Temporary Outdoor Event $ 25.00 Relocation Permit $ 20.00 Uniform Sign plan approval $ 50.00 Variance $ 350.00 (Minimum $ 350.00/$125.00 per item) Variance (Administrative) $ 125.00 Variance (Sign) $ 100.00 Zoning Verification Letter Unconditional $ 35.00 Conditional zoning $
60.00 Film Permit $100.00 + $100/day Food Truck NO CHARGE Road Action Request $ 250.00 TBD - Major Comprehensive Plan Amendments shall be calculated at an hourly burdened rate of $ 125.00 per hour. Deposit is required prior to processing amendment. Contact staff for further details.
SUBDIVISION APPLICATIONS FEE* ADDITIONAL
ENGINEERING FEES
RESUBMITTAL
Exemption Plat Map $ 100.00 Plat recording fees Superior Court Contact Hall County $ 300.00 - $
500.00 $ 150.00
Preliminary Plat Map $ 400.00 $ 300.00 - $ 500.00
$ 150.00
Final Plat Map $ 100.00 $ 300.00 - $ 500.00
$ 150.00
Dedication Plat Map $ 100.00 $ 300.00 - $ 500.00
$ 150.00
* (Plat/Subdivision maps requiring certain professional expertise, may be reviewed by the City Engineer or other designated agent. Complete cost of review shall be burdened by the applicant as identified in FB Ordinance. No. 358)
PLANNING DEPT. REVIEW FEE RESUBMITTAL Site plan review (Single Family Residential)
$ 25.00 $ 25.00
(Multi-Family Residential) $ 250.00 $ 125.00 (Accessory Structure less than 200 sq.
ft.) None None
(Accessory Structure more than 200 sq. ft.) $ 30.00 $ 30.00 Site plan review (Commercial less than 1000 sq. ft.) $ 100.00 $ 100.00
(Commercial more than 1000 sq. ft.) $ 300.00 $ 150.00 Site plan review (Industrial less than 1000 sq. ft.) $ 100.00 $ 50.00
(Industrial more than 1000 sq. ft.) $ 300.00 $ 150.00 Site plan review (Institutional less than 1000 sq.
ft.) $ 100.00 $ 50.00
(Institutional more than 1000 sq. ft.) $ 400.00 $ 200.00 Landscape plan review $ 125.00 $ 100.00
ENGINEERING DEPT. REVIEW (INCLUDES WATER AND SEWER REVIEWS)
See Attached Addendum
“A”
BUILDING DEPT. REVIEW FEE*** RESUBMITTAL Construction document plan check for all structures requiring review as identified in Ordinance No. 357.
$ 120.00/1000 sq. ft. $ 75.00/1000 sq. ft.
Minor Const. Doc Review (Single Family Residential)
$ 50.00 $ 25.00
Misc. Const. Doc Review $ 25.00 $ 15.00 ***(Construction drawings requiring certain professional expertise, may be reviewed by the City Engineer or other designated agent. Complete cost of review shall be burdened by the applicant as identified in FB Ordinance No. 358).
LAND DISTURBANCE APPLICATIONS See Attached Addendum “A”
FEE BUILDING PERMITS Residential Stick-Built (new home) .25/sq. ft. (Min permit $
350.00)
Residential Stick-Built Remodeling, above 100 sq. ft.
.25/sq. ft.
Residential Stick Built Remodeling less than 100 sq. ft. $ 35.00 New Manufactured Home/Mobile Home New Commercial/Industrial < 10,000 sq. ft .30/sq. ft. ($ 100.00 min.) New Commercial/Industrial 10,001 to 20,000 sq. ft. .20/sq. ft. New Commercial /Industrial 20,001 sq. ft. > .10/sq. ft. Commercial/Industrial, Remodel above 200 sq. ft. .35/sq. ft. ($ 100.00 min) Commercial/Industrial, Remodel less than 200 sq. ft.
$ 100.00
Structures Accessory to Residences under 200 sq. ft. None Structures Accessory to Residences over 200 sq. ft. $ 35.00 Swimming Pools & Other Structures valued over $ 500.00
$ 125.00 ( $50.00 Electrical if applicable)
Signs (wall signs) $ 125.00 Signs (other) $ 20.00 Signs (monument signs, pylon signs, highway signs) $ 150.00 Office Trailer/Temporary Permit $ 75.00 Demolition Permit $ 75.00 Re-inspection fees $ 25.00 1st time $ 50.00 2nd time CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLETION
FEE
Single Family/Apartments $ 25.00 Commercial Uses $ 25.00 Industrial Uses $ 25.00 Institutional Uses $ 25.00 SEWER TESTING AND INSPECTION FEE Pressure/vacuum/video test verification $ 14.00 plan review plus
$ 1.25 per linear foot Included in LDP fee
Water line/system inspection $ 14.00 plan review plus $ 1.25 per linear foot
Included in LDP fee
Sample Station Approval $ 25.00 Lab Verification $ 100.00 per occurrence COMMERCIAL ELECTRICAL FEE MIN. PERMIT FEE $ 35.00 Service panel to 250 amps $ 10.00 Panels over 250 $ 15.00
110 volt breakers $ 5.00 Double pole breakers $ 3.00 20 amp $ 4.00 30 amp $ 5.00 40 amp $ 6.00 50 amp $ 7.00 60 amp $ 8.00 Above 60 amps $ 9.00 Disconnect switches for heat, air, gas, etc. $ 5.00 Transformers, heaters, & appliances $ 25.00 Motors, sizes up to 50 amp (51 amp & up plus .10 hp)
$ 25.00 81
RESIDENTIAL ELECTRICAL FEE MIN. PERMIT FEE $ 35.00 Electric water heater 220v $ 2.00 Range 220 C $ 2.00 Dryer 220V $ 2.00 Heating system & Air 220v $ 5.00 Each additional 220 outlet $ 1.00 Garage door opener $ 1.00 Exhaust Fan $ 1.00 Smoke detector $ 1.00 Dishwater $ 2.00 Vent hood $ 2.00 110-volt breaker $ 3.00 220-volt breaker $ 5.00 PLUMBING (MIN. PERMIT FEE $ 35.00 FEE (COMMERCIAL) FEE (RESIDENTIAL) Lavatory $ 10.00 $ 5.00 Tub or shower $ 10.00 $ 5.00 Sink $ 10.00 $ 5.00 Disposal $ 10.00 $ 5.00 Dishwasher $ 10.00 $ 5.00 Washing Machine $ 10.00 $ 5.00 Laundry tub $ 10.00 $ 5.00 Water heater $ 10.00 $ 5.00 Drinking fountain $ 10.00 $ 5.00 Floor drain $ 10.00 $ 5.00 Urinal $ 10.00 $ 5.00 Sand trap $ 10.00 $5.00 Septic tank connection $ 10.00 $ 5.00 Other supply taps & waste connection $ 10.00 $ 5.00 HVAC Heating system, per unit $ 25.00 $ 15.00 Air condition, per unit $ 25.00 $ 15.00 Gas piping system or connection $ 25.00 $ 15.00 Gas storage tank $ 15.00 $ 15.00
HISTORIC PRESERVATION FEE Certificate of Appropriateness (Major Work) $25.00 Certificate of Appropriateness (Minor Work) $ 5.00 Signs (Temporary) $ 50.00 per sign Signs $ 5.00 per side for each sign PUBLICATIONS FEE Zoning Map $ 40.00 Zoning Ordinance $ 40.00 Subdivision Ordinance $ 30.00 Comprehensive Plan (Community Agenda) $ 40.00 Comprehensive Plan (Community Assessment) $ 50.00 MISC. Returned check fee $ 25.00 PTV Registration $15.00
82
Addendum “A”
I. Development Review Fees, Requirements, and Procedures
A. Fees 1. Full Development Permit (City Water and/or Sewer)
a. 3 acres or less $2,400 b. 3.1 to 10 acres $3,300 c. 10.1 to 20 acres $4,000 d. Over 20 acres $5,000
2. Full Development Permit (Not on City Water and/or Sewer) a. 3 acres or less $1,300 b. 3.1 to 10 acres $2,000 c. 10.1 to 20 acres $2,600 d. Over 20 acres $3,300
3. Lesser Land Disturbance Permits a. 3 acres or less $1,000 b. 3.1 to 10 acres $1,100 c. 10.1 to 20 acres $1,200 d. Over 20 acres $1,300
B. Submittal Requirements 1. Fees are due at time of submittal 2. Submittal form is due every time plans are submitted 3. 3 sets of plans are required 4. A flash drive containing all plans in .pdf format is required at every submittal 5. Applicant is responsible for acquiring all outside agency approvals 6. Plans are accepted at City Hall M-F between the hours of 8:00-4:00 7. Resubmittals shall include City and engineering comments with a narrative explaining how each
comment has been addressed 8. Types of plans required - Article 6, Section 606 of the FB Code of Ordinances 9. Plans must be prepared by a professional per Article 6, Section 607
C. Review Procedures 1. Time of review
a. Initial comments shall be sent via e-mail within 21 days b. Applicant has 21 days to re-submit after comments are sent c. Each subsequent review will have the same 21-day time line
2. Number of Reviews a. 3 re-submittals will be allowed b. If project is not approved after 3 re-submittals it is considered void
and the process will start over D. Coordination
1. All submittals shall come directly to Flowery Branch 2. All review comments shall be sent from Flowery Branch 3. Any requested meetings with the City engineer of record will be
scheduled and approved by City staff 4. Any questions regarding the review shall be submitted to City staff via
e-mail
83
II. Development Permit Fees, Procedures, and Requirements A. Fees
1. Full Development Permit - $200 per disturbed acre 2. Lesser Development Permit -$150 per disturbed acre 3. Erosion control bond - $3,000 per disturbed acre per Chapter 26 Article III Section 26.23 of the Code
of Ordinances 4. $40/acre to City for NPDES (National Pollutant Discharge Elimination System) > I acre 5. Proof of $40 per acre payment to the State for NPDES 6. 15-month maintenance bond required at time of final plat or prior to CO per Article 6, Section 619
B. Procedures 1. Pre-construction meeting with the City is required per Article 6, Section 603 2. Approved plans must be kept on site 3. Permit must be posted per Article 6, Section 612 (b) 4. Maintenance responsibilities per Article 6, Section 612 (c) must be met 5. All required inspections per Article 6, Section 614 must be met 6. As-built survey required per Article 6, Sections 615 & 616 7. Final land development inspection required per Article 6, Section 618 8. Maintenance bond required per Article 6, Section 619
C. Requirements 1. NOI is required for any project over 1 acre – State requirement 2. Completed land disturbance application 3. Preliminary plat - if dedication of a public street or land; or if a new private street is proposed per
Article 5, Section 502 4. All required plans per Article 6, Section 606 of the FB Code of Ordinances 5. Reviews required – not all are applicable depending on the site location per Article 6, Section 609
a. FB Utilities b. Hall County Public Works c. Hall County Soil and Water Conservation District d. Hall County Environmental Health e. Georgia Department of Transportation f. Georgia Department of Natural Resources g. U.S Army Corps of Engineers h. U.S Environmental Protection Agency
84
FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider October 4, 2018 Meeting Minutes
COUNCIL MEETING DATE: October 18, 2018
HISTORY:
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
City of Flowery Branch Council Meeting Minutes October 4, 2018 6:00 p.m.
City of Flowery Branch City Hall 5410 Pine Street, Flowery Branch GA, 30542
CALL WORK SESSION TO ORDER: Mayor Miller called the work session to order at 6:06 p.m. PLEDGE OF ALLEGIANCE: Mayor Miller led the Pledge of Allegiance. PRESENT: Mayor Mike Miller and Councilmembers Joe Anglin, Chris Mundy, Amy Farah
and Mary Jones. Also present were City Manager Bill Andrew, City Clerk Melissa McCain, City Planner Rich Atkinson, Finance Director Alisha Gamble, Police Chief David Spillers and Attorney Ron Bennett. PUBLIC HEARING: Public hearing occurred on the Variance Request below. UNFINISHED BUSINESS - WORK SESSION: Second Reading of Ordinance #348-18 - Zoning Code Update Planner Atkinson reviewed the changes in Article 24, 34, 38, 39, 40, 41, 42 and 43. Planner Atkinson specifically went over the following: Article 34: Appeal of Administrative Decision - Created application for this process. Article 40: All architectural and design standards must be met by anyone submitting for a new project, but a separate application is not required. The other articles updated were simple clarification changes. NEW BUSINESS -WORK SESSION: Variance Request - JPC Design and Construction, LLC - Zoning Article 10.9 (g). Planner Atkinson advised that the applicant was requesting relief from having to place gas pumps behind the building during their renovations.
86
October 4, 2018 Minutes Page 2 of 14
Planner Atkinson advised that the applicant is proposing to tear down the old building and replace it with a Gas Station, Burger King, Subway and Car Wash. During this rebuilding, the applicant has also proposed to put the stormwater under ground as opposed to having the large detention area. Mayor Miller requested further information on the signage for the new businesses. Planner Atkinson advised that there would only be one sign listing all the businesses. Planner Atkinson suggested that the following conditions be incorporated into the variance:
1. Landscaping plan shall be submitted to staff for review. A heavy buffer shall be provided along Phil Niekro Boulevard.
2. Lighting plan shall be submitted to staff for review. 3. Comprehensive sign plan for the entire site. Staff and applicant shall agree upon specific
monument sign design that will include space for, or include, a “Welcome to Flowery Branch” message.
4. Stormwater shall be provided and shall be underground as submitted and approved via the Flowery Branch land disturbance requirements.
5. Principal structure shall be predominately brick. 6. Dumpster screening shall be consistent with the principal structure. 7. Gas canopies shall be designed to match the principal structure. 8. Secondary business (car wash) shall be designed to match the principal structure. 9. Plans shall include all conditions as set forth by City Council clearly printed on the front
page with the date of Council approval. First Reading of Ordinance 548 - Personal Transportation Vehicle (PTV) Rebecca Keefer, Clark Patterson Lee, approached the council and reviewed the plan pertaining to PTVs. Ms. Keefer reviewed the survey that was provided for residents on the website. The outcome was as follows:
• 23% did not own a PTV • 33% have a PTV • 44% do not have a PTV • 76% feel PTVs should be legal • 24% Do not think that PTVs should be legal
When asked what action is most important the outcome was as follows:
• 115 people – requested shared pathways • 105 people – requested PTVs be street legal • 77 people – Requested dedicated pathways • 45 people had no preference • 13 people marked other
87
October 4, 2018 Minutes Page 3 of 14
Ms. Keefer reviewed the proposed plan including the application and affidavit and noted the following requirements:
1. Minimum age to drive 2. Driver’s license required 3. Insurance required 4. Required safety equipment 5. Child safety restraints required 6. PTVs will be required to be registered through the City.
Ms. Keefer reviewed the map of proposed PTV authorized and unauthorized streets as well as indicated there would be approximately 40 locations where signs would be posted. Councilmember Anglin inquired if the required safety constraints were the same that are required in a vehicle. Ms. Keefer advised they were similar. Councilmember Farah inquired if there were operable hours. Ms. Keefer advised that operating hours could be established. Councilmember Anglin inquired on the choice of requiring a driver to be 17. Ms. Keefer advised that the top response on the survey was for older drivers. Councilmember Farah inquired on the process and cost to update the map of authorized streets for the use of PTVs. Ms. Keefer advised that roads can be added with a support rate of 10% of the street requesting to allow PTVs with minimal to no cost to the City. Councilmember Farah inquired if a road could be designated prior to houses being occupied. Ms. Keefer advised that as the policy is written no street may be added unless there is at least 10% of the street supporting it. Councilman Anglin asked for further information on PTVs crossing roadways. Ms. Keefer advised there would be signage within a certain distance of the intersection. Councilmember Farah inquired on the cost per sign. Ms. Keefer stated that they estimate each sign, with installation, at approximately $200.00. Mayor Miller inquired on the unauthorized use on Friendship Road when there is a multipurpose path.
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October 4, 2018 Minutes Page 4 of 14
Manager Andrew advised that the path was not constructed to have PTV traffic. Mayor Miller advised that when Spout Springs is widened a multiuse trail will be installed; according to the proposed map, PTVs would not be authorized on this path. Manager Andrew advised that the multi-use trail is for walkers and bicycles not designated for PTV use. Councilman Mundy expressed concerns with the ability to get everything done, ordered and installed prior to November 1. Ms. Keefer advised that she will research signage and timing to implement the program and report by the next meeting. September 6, 2018 Meeting Minutes Clerk McCain had no changes. September 20, 2018 Meeting Minutes Clerk McCain had no changes. Resolution 18-021 Providing for the Elimination of a Grade Crossing at Chattahoochee Street Manager Andrew advised that staff has been working with Norfolk Southern on the possible closing of Chattahoochee St in return Norfolk Southern would install a Lunar Light which would prevent most trains from blocking Spring Street and Lights Ferry Road. Further, there would be an incentive payment of $50,000. Manager Andrew stated this stems from ongoing discussions on how to stop the trains from blocking all three crossings at one time. The issue is that the train engineers are required to view an Anan light which is located around the bend just past Lights Ferry Road; In order to see the light, the trains block all three intersections. Manager Andrew continued by stating that through staffs and Norfolk Southern discussions the solution was presented to close the Chattahoochee Street crossing with the installation of a Lunar Light just before Spring Street. This would leave Spring Street and Lights Ferry Road open most of the time and the engineers would be in compliance with railroad policy. Manager Andrew stated that if implemented, closure would start and a payment of $50,000 would be made to the City within 40 – 45 days. Manager Andrew reviewed three scenarios and the diversion of traffic for each of the crossings if any one of them were closed. 89
October 4, 2018 Minutes Page 5 of 14
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October 4, 2018 Minutes Page 6 of 14
Manager Andrew advised that staff is recommending the closure of Chattahoochee Street at the Norfolk Southern Railroad Crossing and to make Railroad Avenue one way northbound between Lights Ferry Road and Main Street. Manager Andrew noted that the Railroad would probably not follow through with the Lunar Light if the City failed to close one of the RR crossings. Manager Andrew further advised that there has also been some discussion on closing the Radford Road crossing and cars would divert to Exit 14 or HF Reed. Councilmember Farah expressed concerns with the trains getting longer and blocking the crossings with or without the lunar light.
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October 4, 2018 Minutes Page 7 of 14
Manager Andrew advised that if the train engineer started to follow their own policy, then Lights Ferry would be blocked as well as Spring Street and Chattahoochee Street all the time. Councilmember Farah advised that she was concerned and felt that this option may not solve the problem and may exasperate the problem. Councilmember Farah gave the example that on her way to the meeting tonight, Lights Ferry was backed up to the round-about without a train blocking the roadway, if we divert more traffic to Lights Ferry it will compound the issues especially during peak hours. Manager Andrew advised that Norfolk Southern will probably not install the Lunar Light unless they get a closing in return. Councilman Anglin inquired on the advantage to Norfolk Southern to have a crossing closed. Manager Andrew advised it is a safety and liability issue in addition to the expenses for the maintenance of the crossing and equipment. Councilman Anglin advised that he heard that Chattahoochee had a better clearance then Spring Street. Manager Andrew advised that staff can investigate the clearance and width of the crossings at Chattahoochee and Spring Street prior to the next meeting. Councilman Anglin expressed concerns with emergency vehicles getting across the tracks with the closing of a crossing. Councilmember Anglin inquired if the City could require the trains not to block the intersections and cite them if they did. Attorney Bennett stated that he would research other communities but stated that from his experience cities have not had much luck with citing the engineers. Councilmember Anglin inquired if just the southbound trains were the ones that stopped and if not, where would the north bound trains stop. Manager Andrew advised that most of the trains he has seen are south bound. DEPARTMENT REPORTS: City Manager Report Manager Andrew advised that the Cantrell Road Culvert has been installed and the roadway is open. Manager Andrew advised that there has not been a guard rail installed due to the road being 25 mph and having a wide width. (Guardrails are not required)
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October 4, 2018 Minutes Page 8 of 14
Manager Andrew reviewed the budget for the project. TOTAL PROJECT BUDGET: $500,000.00 SIMPSON CONTRACT PRICE: $454,313.50 TOTAL PD TO SIMPSON TO DATE: $255,561.70 CLARK PATTERSON INVOICE: $ 10,901.88 TOTAL REMAINING IN PROJECT: $233,536.42 Manager Andrew advised that traffic delineators were installed at Gaines Ferry and McEver Road at a cost of $906.44 *Includes weighted base and shipping. This cost does not include adhesives and labor. The issue is that people were using the turn lane as a passing lane when vehicles were turning left on Gaines Ferry. Finance Report: Director Gamble advised that the updated salary numbers had been sent to the council and that she was available for any questions prior to it going on the agenda. Planning Report: Planner Atkinson advised that the Conner property developer has pulled a land disturbance permit and work will begin soon. ADJOURNMENT WORK SESSION: Mayor Miller adjourned the work session at 7:21 p.m.
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October 4, 2018 Minutes Page 9 of 14
VOTING SESSION MINUTES CALL VOTING SESSION TO ORDER: Mayor Miller called the voting session to order at 7:21 p.m. PUBLIC COMMENTS: Steven Roland, Rowland Engineering 3312 Northside Drive, Macon Ga. Mr. Rowland, applicant for the variance request, began reviewing the project. Mayor Miller stopped Mr. Rowland and advised that his discussion was more appropriate at the time his item was being discussed. Attorney Bennett advised that this variance was advertised as a public hearing even though it was not designated as one on the agenda. Further, Attorney Bennett advised that at the time the Council considers the resolution the public can have time to speak for or against the item then the Mayor can close the public hearing. Christine Worl, 5314 Gainesville Street, Flowery Branch Ms. Worl expressed concerns with the map indicating that PTVs were allowed on Gainesville Street. Manager Andrew advised that Gainesville Street was indicating that PTVs are not allowed. Ms. Worl also expressed concerns with the closing of Chattahoochee Street and advised that the other crossings will still be blocked regardless of the closing of Chattahoochee Street. Wallace Stiving, 7117 Artisans Way, Flowery Branch Mr. Stiving expressed concerns with the closing of the railroad crossing. Mr. Stiving advised that the Lunar Light should be installed at the Railroads expense to improve efficiency. Further Mr. Stiving feels that the city should cite engineers for blocking the crossings. Ed Asbridge, 7702 Copper Kettle Way, Flowery Branch Mr. Asbridge expressed concerns with the survey that was put out for the consideration of the PTVs. 94
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Mr. Asbridge felt that this survey was not a good representation of the total population of Flowery Branch with flaws such as people responding more than once and most of the support was from one area. Mr. Asbridge further advised that he felt the advertising for the survey was poor and the fact that only citizens with computers were targeted. Further, looking at the numbers, Mr. Asbridge advised that only 245 people responded with only 21 outside of Sterling on the Lake. Mr. Asbridge advised that the survey indicates more roadways which would cost millions of dollars and the cost to enforce this code increases. Mr. Asbridge suggested that the council put this vote off until more research has been done but if they feel they need to vote those with golf carts should recuse themselves from the vote. Janet Upchurch, 5644 Nags Head Circle, Gainesville, Ga. Ms. Upchurch expressed concerns with the train stopping on the tracks blocking the roadways. Ms. Upchurch advised that the engineers should follow their own rules and not stop for food on Main Street. Ms. Upchurch suggested that an overpass be installed at Radford Road so that crossing the tracks was still be obtainable even when the train is stopped. Kelly Mclincha, 5628 Church Street, Flowery Branch Ms. Mclincha expressed concerns with additional traffic on Church Street and inquired if the traffic study took into consideration the new residential development and the additional road traffic. Manager Andrew advised that it did incorporate those extra vehicles. Ms. Mclincha advised that she walks the streets and feels as if she was going to get hit when she walks her dog because of the current traffic problems. She also requested additional speed limit signs. Nedra Jones, 5659 McEver Road, Flowery Branch Ms. Jones advised that if there are issues with the traffic to and from the post office and the lineup with Chattahoochee Street then the City needs to install a traffic light at that intersection. Ms. Jones advised that the engineers have been cited in the past for blocking the tracks. Further, Ms. Jones advised that traffic is already bad and if the Railroad was turned into a one-way street it would cause traffic jams regularly.
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Ms. Jones advised that Buford has 4 crossings, Buford and Gainesville have crossings and none of these cities are closing their crossings and she felt the City shouldn’t accommodate the railroad and close the Chattahoochee Street crossing. Mack Jones, 5659 McEver Road, Flowery Branch Mr. Jones advised that he was against closing Chattahoochee Street and if people are forced to use crossings in other towns, they will not return to Flowery Branch. Jessica Payne 5322 Gainesville Street, Flowery Branch Ms. Payne advised that she has lived here for a long time and she is opposed to closing the Chattahoochee Street crossing. Ms. Payne advised that people will use the closed crossing to walk across the tracks to get to the other side and that would be dangerous. Louise Eubanks, 6008 Morrow Drive, Flowery Branch Ms. Eubanks advised that she had not received a PTV survey. Further Ms. Eubanks advised that if the City wants to close a crossing, close the busiest one which is the Lights Ferry crossing. Ms. Eubanks requested a turning lane and improvements to the McEver Road and Lights Ferry intersection. Ms. Eubanks also expressed concerns about traffic at the proposed gas station. CONSENT AGENDA: Mayor Miller advised that the per diem was removed from the agenda and only the minutes were being considered at this time.
• September 6, 2018 Meeting Minutes • September 20, 2018 Meeting Minutes
There was a motion made to approve the meeting minutes on the consent agenda. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried
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UNFINISHED BUSINESS - VOTING SESSION: Second Reading of Ordinance #348-18 - Zoning Code Update Attorney Bennett read the caption to Ordinance 348-18. There was a motion made to approve the second reading of Ordinance#348-18 noting that a comprehensive update on the codes should be completed. MOTION: Amy Farah SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried NEW BUSINESS - VOTING SESSION: Variance Request by JPC Design and Construction, LLC for a Variance from the Zoning Article 10.9 (g). Attorney Bennett advised that this is the continuation of the public hearing on the variance request. Mr. Rowland presented a proposed signage concept. Mr. Rowland advised that Subway has approached and asked if Jones Petroleum would be interested in purchasing the franchise. Councilmember Anglin inquired if the proposed businesses would have separate entrances. Mr. Rowland stated possibly but more than likely there would be one main entrance and visitors will go left or right to get to adjoining stores. All share same restroom facilities. Mayor Miller closed the public hearing at 8:06 p.m. Mayor Miller reopened the voting session at 8:06 p.m. There was a motion made to approve the variance for JPC Design and Construction, LLC with the listed conditions:
1. Landscaping plan shall be submitted to staff for review. A heavy buffer shall be provided along Phil Niekro Boulevard.
2. Lighting plan shall be submitted to staff for review. 3. Comprehensive sign plan for the entire site. Staff and applicant shall agree upon specific
monument sign design that will include space for, or include, a “Welcome to Flowery Branch” message.
4. Stormwater shall be provided and shall be underground as submitted and approved via the Flowery Branch land disturbance requirements.
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5. Principal structure shall be predominately brick. 6. Dumpster screening shall be consistent with the principal structure. 7. Gas canopies shall be designed to match the principal structure. 8. Secondary business (car wash) shall be designed to match the principal structure. 9. Plans shall include all conditions as set forth by City Council clearly printed on the front
page with the date of Council approval. MOTION: Chris Mundy SECOND: Amy Farah AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried First Reading of Ordinance 548 - Personal Transportation Vehicle (PTV) Attorney Bennett read the caption to Ordinance 548. There was a motion made to approve the first reading of Ordinance 548. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried Resolution 18-021 Providing for the Elimination of a Grade Crossing at Chattahoochee Street Attorney Bennett read the caption to Resolution 18-021 There was a motion made to table Resolution 18-021 until November 1st, 2018 and direct staff to host an information meeting prior the November 1st Council Meeting. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried EXECUTIVE SESSION: There was no executive session.
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ADJOURNMENT: There was a motion made to adjourn at 8:39 p.m. MOTION: Joe Anglin SECOND: Chris Mundy AYES: Joe Anglin, Chris Mundy, Amy Farah, Mary Jones NAYS: None Motion carried __________________________ _______________ _____________________________ Mayor – Mike Miller Date City Clerk – Melissa McCain
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider the Second Reading of Ordinance 334 - Personal Transportation Vehicles
COUNCIL MEETING DATE: October 18, 2018
HISTORY:This ordinance would amend Chapter 47 (Traffic and Vehicles) by adding Article IV (Personal Transportation Vehicles).This would set procedures and regulations in regards to personal transportation vehicles.
FACTS AND ISSUES:
OPTIONS:
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: No
AMOUNT AND SOURCE OF FUNDS:
RECOMMENDATION:Approve as submitted
SAMPLE MOTION: I make a motion to approve the second reading of ordinance 334.
Public Hearing Published 02/28/2018 First Reading 10/04/2018
Public Hearing 10/04/2018 Adopted 10/18/2018
Effective 11/1/2018
ORDINANCE NO. 334
AN ORDINANCE TO AMEND CHAPTER 47 (TRAFFIC AND VEHICLES) TO ADD
ARTICLE IV (PERSONAL TRANSPORTATION VEHICLES) TO ADD PROCEDURES
RELATED TO THE REGULATION OF PERSONAL TRANSPORTATION VEHICLES;
TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO
REPEAL CONFLICTING ORDINANCES, AND FOR ALL OTHER LAWFUL
PURPOSES.
WHEREAS, the Mayor and City Council of the City of Flowery Branch are empowered to
create guidelines which regulate the safety and security of the public in City Rights of Way; and
WHEREAS, the City of Flowery Branch’s code does not currently provide regulations on the
operation of Personal Transportation Vehicles within City limits; and
WHEREAS, the Mayor and Council of the City of Flowery Branch wish to amend the code to
enable a registration process and develop specifications for the safe operation of PTVs on City
streets.
NOW THEREFORE, THE COUNCIL OF THE CITY OF FLOWERY BRANCH DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 47 relating to Traffic and Vehicles hereby amended to include new Section 47-60
through 47-72 to read as follows:
Section 47-60 - Definitions.
For the purpose of this article, the following definitions shall apply, unless the context
clearly indicates or requires a different meaning.
(a) Personal transportation vehicle (to include golf carts meeting definition and maintaining
all equipment standards in Section 47-64) means motor vehicle having not less than three
(3) wheels in contact with the ground and unladen weight less than one thousand three
hundred (1,300) pounds which is designed and manufactured for operation on a golf course
for sporting or recreational purposes and that is not capable of exceeding speeds of twenty
(20) miles per hour and any motor vehicle having no fewer than four (4) wheels and an
unladen weight of one thousand three hundred seventy-five (1,375) pounds or less and
which cannot operate at more than twenty (20) miles an hour. Such vehicles may also be
referred to as 'motorized carts.' The term does not include mobility aids, including electric
personal assistive mobility devices, power wheelchairs and scooters that can be used indoors
and outdoors for the express purpose of enabling mobility for a person with a disability. The
term also does not include any all-terrain vehicle or multi-purpose off-highway vehicle.
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(b) Driver's license means a valid license to operate a motor vehicle issued by the State of
Georgia or any other state.
(c) Proof of insurance means documented (written) proof of liability insurance on the personal
transportation vehicle (PTV) insuring against personal injury and damage to property of any
nature relative to the operation of a personal transportation vehicle (PTV) on designated city
streets and roads in an amount not less than required by Georgia law for motor vehicles
operated on public highways in the State of Georgia.
Section 47-61 - Operation of Personal Transportation Vehicles (PTV).
The City of Flowery Branch adopts O.C.G.A. §§ 40-6-330 through 40-6-369.1 and 40-6-371
"Standards for Operation of Personal Transportation Vehicles (PTV)." Provided all provisions of
this article are followed, personal transportation vehicles as defined by O.C.G.A. § 40-1-1 (43.1),
also known as motorized carts, may be operated on public roads or on multi-use paths designated
by the PTV Route Plan Map adopted by Resolution by the Mayor and City Council.
Section 47-62 - Operator.
Only persons seventeen (17) years of age or older and holding a valid driver's license may
operate a personal transportation vehicle (PTV) on the above-described roads and facilities
within the city.
Section 47-63 - Insurance Required.
The operator or owner of a personal transportation vehicle (PTV) shall have written proof of
insurance. Documentation of such coverage shall be submitted during the registration process
outlined in Section 47-69.
Section 47-64 - Equipment Requirements.
(a) All personal transportation vehicles shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the vehicle,
including a parking brake;
(2) A reverse warning device functional at all times when the directional control is in the
reverse position;
(3) A main power switch. When the switch is in the "off" position, or the key or other device
that activates the switch is removed, the motive power circuit shall be inoperative. If the
switch uses a key, it shall be removable only in the "off" position;
(4) Head lamps;
(5) Reflex reflectors;
(6) Tail lamps;
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels; and
(10) Hip restraints and hand holds or a combination thereof.
(b) A gasoline powered personal transportation vehicle (PTV) shall be equipped with factory
installed safety systems, including indicator for gasoline or propane leaks, a speed governor
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and an exhaust system in good working order and in constant operation, meeting the
following specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust
manifold to, and including, the muffler(s) and exhaust pipe(s).
(2) The exhaust system and its elements shall be securely fastened.
(3) The engine of every cart shall be so equipped, adjusted and tuned, as to prevent the
escape of excessive smoke or fumes.
(c) Electric personal transportation vehicles (PTVs) shall be equipped with, at a minimum, all
factory installed safety systems and a charge indicator for low battery.
(d) All personal transportation vehicles (PTVs) regulated by this article shall be maintained in
safe condition at all times.
Section 47-65 – Prohibited Areas of Operation.
Personalized transportation vehicles may not be operated on local roads, state roads, or
federal highways, unless specifically identified on a PTV Route Plan Map. PTVs are not allowed
on multi-use paths or sidewalks, unless specifically identified on an Off-Street Route Plan Map.
Section 47-66 - Occupants.
(a) The number of occupants in a personal transportation vehicle (PTV) shall be limited to the
number of persons for whom factory seating is installed and provided on personal
transportation vehicle (PTV). The operator or any occupant shall be seated in the personal
transportation vehicle (PTV) and no parts of the bodies of the operator or any occupant shall
extend outside the perimeter of the personal transportation vehicle (PTV) while the personal
transportation vehicle (PTV) is being operated.
(b) Children 0 through 3 years of age riding in a PTV shall be properly protected using a crash-
tested, federally approved child restraint device; such restraint device must be a separate
carrier or a vehicle manufacturer’s integrated child seat. Children 4 through 5 years of age
shall be restrained using a separate carrier, an integrated child seat, or a seat belt.
Section 47-67 - Traffic Rules.
(a) The operator of the personal transportation vehicle (PTV) shall comply with all traffic rules
and regulations adopted by the State of Georgia (O.C.G.A. Title 40) and the City of Flowery
Branch (city code chapter 47) which govern the operation of motor vehicles.
(b) Pedestrians shall be given due consideration and reasonable right-of-way to ensure safe
passage.
(c) An audible warning shall be given by operators of personal transportation vehicles (PTV)
when approaching pedestrians from the rear.
(d) All laws and ordinances relative to alcohol and the use thereof, including open container
laws, apply to the operator and occupants of personal transportation vehicles (PTV).
Section 47-68 - Hazardous Activities.
No individual or group shall engage in hazardous activities on the authorized roads. Such
hazardous activities include, but are not limited to, the following:
(a) Racing of any kind;
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(b) Blocking of public access; and
(c) Loitering or parking on roads, bridges or in underpasses.
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Section 47-69 - Registration and Affidavit of Owner; Fee.
The owner of a personal transportation vehicle (PTV) shall register the PTV with the city
once every five (5) years for a fee not to exceed $15.00. PTV registration shall be filed with the
Community Development Director. The registration shall be completed on forms provided by the
Community Development Department. As part of the registration process, each owner shall be
required to sign an affidavit that the information provided by the owner on the registration form
is true and correct to the best of his knowledge and that the owner will abide by all City of
Flowery Branch laws and regulations regarding ownership and operation of a PTV, as well as
any applicable state laws. Registration shall be posted in any PTV operated within the City of
Flowery Branch.
Section 47-70 - Penalty.
A violation of any provision of this article shall constitute a violation of the Flowery Branch
City Code. An owner, lessee or operator may be cited to appear in the Flowery Branch Municipal
Court. Upon finding by such court that an owner, lessee, or operator of a personal transportation
vehicle (PTV) has violated any provision of this article, such person shall be subject to a fine not
to exceed $200.00 for each offense, along with court costs in the amount that same now exists, or
may hereafter be determined by ordinance or statute.
Section 47-71 - Liability Disclaimer.
This section is adopted to address the interest of public safety. Personal transportation
vehicles (PTV) are not designed or manufactured to be used on public streets, and the City of
Flowery Branch in no way advocates or endorses their operation on public streets or roads. The
city, by regulating such operation is merely trying to address obvious safety issues, and adoption
of this section is not to be relied upon as a determination that operating on public streets is safe
or advisable if done in accordance with this section. All persons who operate or ride upon
personal transportation vehicles (PTV) on public streets or roads do so at their own risk and
peril, and must be observant of, and attentive to the safety of themselves and others, including
their passengers, other motorists, bicycles, and pedestrians. The City of Flowery Branch has no
liability under any theory of liability and the city assumes no liability for permitting personal
transportation vehicles (PTV) on public streets and roads. Any person who operates a personal
transportation vehicle (PTV) is responsible for procuring liability insurance sufficient to cover
the risk involved in using a personal transportation vehicle (PTV) on the public streets and roads.
Section 47-72 – New Street Petition Process.
From time to time, new or existing streets may be desired to be added to the PTV Route
Plan. This process has been created so interested applicants may request the addition of new
streets based on meeting minimum criteria for application without the need to update the PTV
Route Plan. In order to make a request, minimum standards are required and outlined below.
Once it has been determined those standards are met, the petition can be forwarded to City
Council for review. City Council shall use the following criteria in considering whether a route
may be added to the PTV Route Plan:
(a) New streets shall have a maximum speed of 25 MPH and a maximum slope of 20 percent.
(b) If the street is already occupied with residents, a minimum of 10 percent of property owners
who are addressed off the subject street must sign a petition in favor of adding the street to
the PTV Route Plan.
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SECTION 2. SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional 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 or unconstitutional.
SECTION 3. EFFECTIVE DATE.
The effective date of this Ordinance shall be November 1, 2018.
SECTION 4. REPEALER.
All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of
the conflict.
Adopted this 18th day of October 2018.
___________________________
James M. Miller, Mayor
ATTEST
________________________________
Melissa McCain, City Clerk
APPROVED AS TO FORM
________________________________
E. Ronald Bennett, Jr., City Attorney
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FLOWERY BRANCH CITY COUNCIL
EXECUTIVE SUMMARY
SUBJECT: Consider Health Insurance for 12/01/18 - 11/30/19
COUNCIL MEETING DATE: October 18, 2018
HISTORY:Please see the attached "Executive Summary"
FACTS AND ISSUES:Humana has an increase of 5.74% to from our current plan. Alliant Plan #81044 is 1.53% higher than the current planwith better benefits. Please see the attached "Executive Summary" for more information.
OPTIONS:Continue policy with Humana or change to another plan.
IF FUNDING IS INVOLVED, ARE FUNDS APPROVED IN THE CURRENT BUDGET: Yes
AMOUNT AND SOURCE OF FUNDS:General Fund and Water Sewer Fund - approved during budget process
RECOMMENDATION:Approve to change to Alliant Plan #81044 and keep Life/AD&D, Dental and add Vision with Humana.
SAMPLE MOTION: I motion for the City Council to authorize the Mayor to sign papers with Alliant Plans for the City's health insurance andremain with Humana for Life/AD&D, Dental and Vision insurance.
COLLABORATING DEPARTMENT:
DEPARTMENT: Finance
Prepared by: Melissa McCain
ATTACHMENTS EXECUTIVE_SUMMARY_-_Humana_10-18-2018.pdf Quote Comparison to Current Coverage - for 2018.pdf Humana Wellness Program Savings as of September 2018 Billing.pdf Dental Life Vision Insurance Quote - October 2018.pdf 107
RESOLUTION NO.18-022 A RESOLUTION OF THE CITY OF FLOWERY BRANCH CITY COUNCIL ADOPTING THE PERSONAL TRANSPORTATION VEHICLE (PTV) PLAN AND ASSOCIATED ROUTE PLAN (AS SHOWN AS EXHIBIT “A”) AND FEES (AS SHOWN AS EXHIBIT “B”).
WHEREAS, the City of Flowery Branch is authorized by O.C.G.A. § 40-6-365 to expressly permit and regulate personal transportation vehicles within the City limits; and
WHEREAS, the City of Flowery Branch seeks to allow PTVs to operate safely and efficiently on City roads; and WHEREAS, the City of Flowery Branch is required to assemble and adopt a PTV Plan that defines uniform specifications for operation of a PTV, outlines a permitting process, and establishes minimum safety criteria; and WHEREAS, the PTV Route Plan identifies on-street routes appropriate for the safe travel of PTVs; and
WHEREAS, in accordance with State Law, Flowery Branch seeks to establish a $15.00 fee for PTV registration as outlined in the PTV Plan to recover a portion of the cost to administer the program.
NOW THEREFORE BE IT RESOLVED, that the governing authority of the City of Flowery Branch, Georgia, hereby adopts the PTV Plan, Route Map, and amends the schedule of fees by adding a fee for the registration, review, and other related activity for PTVs operating within the city limits of Flowery Branch, and the Personal Transportation (PTV)Georgia as outlined in and shown in the attached “Exhibit A” and “Exhibit B” and adopted herein. All resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of the conflict. This resolution shall become effective on November 1, 2018. RESOLVED this 18th day of October 2018. ____________________________
James M. Miller, Mayor ATTEST ________________________________ Melissa McCain, City Clerk APPROVED AS TO FORM ________________________________ E. Ronald Bennett, Jr., City Attorny
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City of Flowery Branch
Draft for consideration 10.18.18
Exhibit A
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Prepared for
City of Flowery Branch
Acknowledgements
City Council:
Mike Miller
Chris Mundy
Mary Jones
Joe Anglin
Amy Farah
Staff:
Bill Andrew, City Manager
Rich Atkinson, Director of Planning
and Community Development
David Spillers, Police Chief
Prepared by CPL
Consultant Team
Rich Edinger, Principal in Charge
Rebecca Keefer, Project Manager
Justin Steinbeck
Andrew Russell
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EXECUTIVE SUMMARY
REGULATORY AUTHORITY
COMMUNITY INPUT
Outreach
Community Survey
FACILITIES PLANNING
REGULATORY FRAMEWORK
Ordinance
REGISTRATION PROCESS
Application
Affidavit
Permit Log
IMPLEMENTATION
Action Plan
APPENDIX
Raw Survey Data
Survey Response Map
PTV Route Plan Map
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EXECUTIVE SUMMARY
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CPL has been engaged by the City of Flowery Branch todevelop a Personal Transportation Vehicle (PTV) Plan. The Planincorporates public feedback, best practices and engineeringtechniques, and a regulatory outline so the City can allow thesafe operation of PTVs within City limits. The final planpresented for adoption provides a summary of State lawrequirements for local governments pursuing PTV Plans;analysis of a public input survey, designed to gauge thepublic’s interest in permitting PTVs in Flowery Branch;recommendations on how PTVs should be regulated; route PlanMap has been developed to identify where PTVs can operatewith appropriate criteria for assessing new or altered streets inthe future, as well as signage and marking plans to ensurecrossings at State Highways are properly signed in accordancewith State law; and a detailed registration process is outlinedthat includes all necessary forms, inventories, and ordinancelanguage. Finally, an implementation plan provides a shortterm action plan to ensure the registration process isadequately set-up, and measures are identified for ongoingmaintenance of the program.
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This Photo by Unknown Author is licensed under CC BY-SA
OCGA 40-6-365 stipulates that localgovernments can expressly permit andregulate the use of personal transportationvehicles upon the adoption of a PersonalTransportation Vehicle (PTV) Plan. Whilethere are minimum standards fordevelopment of a PTV Plan, there are otherregulations local governments mayregulate, should they choose toincorporate them into the regulations. Therelevant sections of State Law can bereferenced in Title 40, Chapter 6, Article13, Parts 3 and 6.
The City of Flowery Branch is relegatedauthority to permit and regulate PTVs inaccordance with State Law. The processoutlined herein represents and defines theCity’s regulatory authority upon adoptionby the City Council.
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This Photo by Unknown Author is licensed under CC BY-SA
The community was engaged in this process through awebpage hosted by the City. Information about thePTV Plan was updated regularly to inform the publicabout the progress of the Plan. The public had accessto a community survey, and through that survey, wecollected email addresses of respondents interested inkeeping up to date on the project. The consultant teamprovided updates and draft documents to the email listand responded to questions and comments on the Plan.The Plan and its contents will be reviewed by CityCouncil prior to adoption. Materials have been postedon the City’s website, attached to the City Councilagenda, and circulated to members of the communityvia email.
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In an effort to gauge community interest in allowing and regulating PTVs, the City posteda survey from July 10 until August 24. The survey was posted on the City’s website,accompanied by general project information. Throughout the survey period, 245respondents provided input. The raw data can be found in the PTV Plan appendix.
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Overall, 76 percent of respondentsindicated they think PTVs should belegal in Flowery Branch. Bycomparison, only 33 percent ofrespondents currently own a PTV, andanother 23 percent say they wouldlike to own one. That leaves a total of56 percent of people who will likelyown a PTV if the City Council movesforward with this PTV Plan andanother 20 percent of people whosupport the idea of legalizing thevehicles but do not intend to own one.Therefore, there is strong communitysupport for pursuing this process.
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186
59
DO YOU THINK PTVS SHOULD BE
LEGAL IN FLOWERY BRANCH?
Yes No
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The survey results have been reviewed, and several regulations have been developed to address feedback provided by respondents. The following regulations have been included in the draft ordinance:
▪ Age to operate PTVs: 17 years old – 79 percent of respondents preferred drivers to be over 16 years of age.
▪ Type vehicle: Both electric and gas powered PTVs are permitted – 72 percent of respondents favored allowing both.
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The following recommendations have been added to the action plan:
▪ PTV Route Plan Map identifies legal streets for PTV operations on internal neighborhoodstreets and streets signed 25 MPH or less – the top locations identified for PTV use indescending popularity are as follows: Sterling on the Lake internal streets, otherneighborhood streets, any streets signed 25 MPH or less, and downtown streets.
▪ Encourage private developers to provide off-street paths in new developments to connect tothe existing and planned PTV route network – 49 percent of respondents recommendeddeveloping requirements for developers to provide paths.
▪ Prioritize development of multi-use paths that are wide enough to accommodate PTVs byseeking funding opportunities – 47 percent of respondents indicated this is the mostimportant action for City Council with respect to PTVs.
SURVEY FEEDBACK – ACTION PLAN
13
115 105
77
45
13
SHARED
PATHWAYS
STREET-
LEGAL
DEDICATED
PATHWAYS
NONE OTHER
WHAT ACTION IS MOST IMPORTANT FOR
CITY COUNCIL WITH RESPECT TO PTVS?
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FACILITIES PLANNING
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On-Street PTV Route Plan
The on-street PTV Route Plan summarizes the public roads in Flowery Branch thatwill be permitted to accept PTVs. These streets were determined to be safe andacceptable for PTVs based on their permitted speed limits, design speeds, lines ofsight, and proximity to destinations.
Prior to implementing the PTV Plan, the Signage Upgrades Plan indicates thesignage that will be required to be installed throughout the City to adequatelyinform the public of PTV routes.
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Conceptual Off-Street Path
Off-street paths have been identified as relatively high priorities for membersof the community wanting to legalize the use of PTVs in the City of FloweryBranch. Off-street paths provide a level of separation and comfort from higherspeed traffic as an alternative to sharing the road with other automobiles. Afollow-up effort to identify conceptual alignments may be a task for CityCouncil to prioritize in the future. Minimum design criteria will be determinedat that time.
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REGULATORY FRAMEWORK
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Chapter 47 – Traffic and Vehicles
Article IV. - Personal Transportation Vehicles
Section 47-60 - Definitions.
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(a) Personal transportation vehicle (to include golf carts meeting definition and maintaining all equipment standards in Section 47-64) means motor vehicle having not less than three (3) wheels in contact with the ground and unladen weight less than one thousand three hundred (1,300) pounds which is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour and any motor vehicle having no fewer than four (4) wheels and an unladen weight of one thousand three hundred seventy-five (1,375) pounds or less and which cannot operate at more than twenty (20) miles an hour. Such vehicles may also be referred to as 'motorized carts.' The term does not include mobility aids, including electric personal assistive mobility devices, power wheelchairs and scooters that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include any all-terrain vehicle or multi-purpose off-highway vehicle.
(b) Driver's license means a valid license to operate a motor vehicle issued by the State of Georgia or any other state.
(c) Proof of insurance means documented (written) proof of liability insurance on the personal transportation vehicle (PTV) insuring against personal injury and damage to property of any nature relative to the operation of a personal transportation vehicle (PTV) on designated city streets and roads in an amount not less than required by Georgia law for motor vehicles operated on public highways in the State of Georgia.
Section 47-61 - Operation of Personal Transportation Vehicles (PTV).
The City of Flowery Branch adopts O.C.G.A. §§ 40-6-330 through 40-6-369.1 and 40-6-371 "Standards for Operation of Personal Transportation Vehicles (PTV)." Provided all provisions of this article are followed, personal transportation vehicles as defined by O.C.G.A. § 40-1-1 (43.1), also known as motorized carts, may be operated on public roads or on multi-use paths designated by the PTV Route Plan Map adopted by Resolution by the Mayor and City Council.
Section 47-62 - Operator.
Only persons seventeen (17) years of age or older and holding a valid driver's license may operate a personal transportation vehicle (PTV) on the above-described roads and facilities within the city.
Section 47-63 - Insurance Required.
The operator or owner of a personal transportation vehicle (PTV) shall have written proof of insurance. Documentation of such coverage shall be submitted during the registration process outlined in Section 47-69.
Section 47-64 - Equipment Requirements.
(a) All personal transportation vehicles shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake;
132
(2) A reverse warning device functional at all times when the directional control is in the reverse position;
(3) A main power switch. When the switch is in the "off" position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the "off" position;
(4) Head lamps;
(5) Reflex reflectors;
(6) Tail lamps;
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels; and
(10) Hip restraints and hand holds or a combination thereof.
(b) A gasoline powered personal transportation vehicle (PTV) shall be equipped with factory installed safety systems, including indicator for gasoline or propane leaks, a speed governor and an exhaust system in good working order and in constant operation, meeting the following specifications:
(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to, and including, the muffler(s) and exhaust pipe(s).
(2) The exhaust system and its elements shall be securely fastened.
(3) The engine of every cart shall be so equipped, adjusted and tuned, as to prevent the escape of excessive smoke or fumes.
(c) Electric personal transportation vehicles (PTVs) shall be equipped with, at a minimum, all factory installed safety systems and a charge indicator for low battery.
(d) All personal transportation vehicles (PTVs) regulated by this article shall be maintained in safe condition at all times.
Section 47-65 – Prohibited Areas of Operation.
Personalized transportation vehicles may not be operated on local roads, state roads, or federal highways, unless specifically identified on a PTV Route Plan Map. PTVs are not allowed on multi-use paths or sidewalks, unless specifically identified on an Off-Street Route Plan Map.
Section 47-66 - Occupants.
(a) The number of occupants in a personal transportation vehicle (PTV) shall be limited to the number of persons for whom factory seating is installed and provided on personal transportation vehicle (PTV). The operator or any occupant shall be seated in the personal transportation vehicle (PTV) and no parts of the bodies of the operator or any occupant shall extend outside the perimeter of the personal transportation vehicle (PTV) while the personal transportation vehicle (PTV) is being operated.
(b) Children 0 through 3 years of age riding in a PTV shall be properly protected using a crash-tested, federally approved child restraint device; such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat. Children 4 through 5 years of age shall be restrained using a separate carrier, an integrated child seat, or a seat belt.
Section 47-67 - Traffic Rules.
(a) The operator of the personal transportation vehicle (PTV) shall comply with all traffic rules and regulations adopted by the State of Georgia (O.C.G.A. Title 40) and the City of Flowery Branch (city code chapter 47) which govern the operation of motor vehicles.
133
(b) Pedestrians shall be given due consideration and reasonable right-of-way to ensure safe passage.
(c) An audible warning shall be given by operators of personal transportation vehicles (PTV) when approaching pedestrians from the rear.
(d) All laws and ordinances relative to alcohol and the use thereof, including open container laws, apply to the operator and occupants of personal transportation vehicles (PTV).
Section 47-68 - Hazardous Activities.
No individual or group shall engage in hazardous activities on the authorized roads. Such hazardous activities include, but are not limited to, the following:
(a) Racing of any kind;
(b) Blocking of public access; and
(c) Loitering or parking on roads, bridges or in underpasses.
Section 47-69 - Registration and Affidavit of Owner; Fee.
The owner of a personal transportation vehicle (PTV) shall register the PTV with the city once every five (5) years for a fee not to exceed $15.00. PTV registration shall be filed with the Community Development Director. The registration shall be completed on forms provided by the Community Development Department. As part of the registration process, each owner shall be required to sign an affidavit that the information provided by the owner on the registration form is true and correct to the best of his knowledge and that the owner will abide by all City of Flowery Branch laws and regulations regarding ownership and operation of a PTV, as well as any applicable state laws. Registration shall be posted in any PTV operated within the City of Flowery Branch.
Section 47-70 - Penalty.
A violation of any provision of this article shall constitute a violation of the Flowery Branch City Code. An owner, lessee or operator may be cited to appear in the Flowery Branch Municipal Court. Upon finding by such court that an owner, lessee, or operator of a personal transportation vehicle (PTV) has violated any provision of this article, such person shall be subject to a fine not to exceed $200.00 for each offense, along with court costs in the amount that same now exists, or may hereafter be determined by ordinance or statute.
Section 47-71 - Liability Disclaimer.
This section is adopted to address the interest of public safety. Personal transportation vehicles (PTV) are not designed or manufactured to be used on public streets, and the City of Flowery Branch in no way advocates or endorses their operation on public streets or roads. The city, by regulating such operation is merely trying to address obvious safety issues, and adoption of this section is not to be relied upon as a determination that operating on public streets is safe or advisable if done in accordance with this section. All persons who operate or ride upon personal transportation vehicles (PTV) on public streets or roads do so at their own risk and peril, and must be observant of, and attentive to the safety of themselves and others, including their passengers, other motorists, bicycles, and pedestrians. The City of Flowery Branch has no liability under any theory of liability and the city assumes no liability for permitting personal transportation vehicles (PTV) on public streets and roads. Any person who operates a personal transportation vehicle (PTV) is responsible for procuring liability insurance sufficient to cover the risk involved in using a personal transportation vehicle (PTV) on the public streets and roads.
Section 47-72 – New Street Petition Process.
From time to time, new or existing streets may be desired to be added to the PTV Route Plan. This process has been created so interested applicants may request the addition of new streets based on meeting minimum criteria for application without the need to update the PTV Route Plan. In order to make a request, minimum standards are required and outlined below. Once it has been determined
134
those standards are met, the petition can be forwarded to City Council for review. City Council shall use the following criteria in considering whether a route may be added to the PTV Route Plan:
(a) New streets shall have a maximum speed of 25 MPH and a maximum slope of 20 percent.
(b) If the street is already occupied with residents, a minimum of 10 percent of property owners who are addressed off the subject street must sign a petition in favor of adding the street to the PTV Route Plan.
135
REGISTRATION PROCESS
136
Any PTV operating in the City of Flowery Branchcity limits is required to register the vehicle. Theowner of a personal transportation vehicle (PTV)shall register the PTV with the city once everyfive (5) years for a $15.00 fee. Registration isfiled with the Community Development Director.A form is provided to applicants to enter thenecessary information based on the ordinancerequirements.
As part of the registration process, each ownershall be required to sign an affidavit that theinformation provided by the owner on theregistration form is true and correct to the best ofhis knowledge and that the owner will abide byall City of Flowery Branch laws and regulationsregarding ownership and operation of a PTV, aswell as any applicable state laws. The registrationdecal provided by the City is required to beposted in any PTV operated within the City ofFlowery Branch.
24
137
25
138
1
PERSONAL TRANSPORTATION VEHICLE (PTV) REGISTRATION
Date: ________________ Total Fee: ____________________________________________
139
27
140
1
PERSONAL TRANSPORTATION VEHICLE (PTV) REGISTRATION AFFIDAVIT
City Provided Registration #
Certification that you have reviewed and will comply with the entirety of this
article is required prior to PTV Registration.
Chapter 47 – Traffic and Vehicles
Article IV. - Personal Transportation Vehicles
Section 47-60 - Definitions.
For the purpose of this article, the following definitions shall apply, unless the context
clearly indicates or requires a different meaning.
(a) Personal transportation vehicle (to include golf carts meeting definition and
maintaining all equipment standards in Section 47-64) means motor vehicle having
not less than three (3) wheels in contact with the ground and unladen weight less than
one thousand three hundred (1,300) pounds which is designed and manufactured for
operation on a golf course for sporting or recreational purposes and that is not capable
of exceeding speeds of twenty (20) miles per hour and any motor vehicle having no
fewer than four (4) wheels and an unladen weight of one thousand three hundred
seventy-five (1,375) pounds or less and which cannot operate at more than twenty (20)
miles an hour. Such vehicles may also be referred to as 'motorized carts.' The term
does not include mobility aids, including electric personal assistive mobility devices,
power wheelchairs and scooters that can be used indoors and outdoors for the express
purpose of enabling mobility for a person with a disability. The term also does not
include any all-terrain vehicle or multi-purpose off-highway vehicle.
(b) Driver's license means a valid license to operate a motor vehicle issued by the
State of Georgia or any other state.
(c) Proof of insurance means documented (written) proof of liability insurance on the
personal transportation vehicle (PTV) insuring against personal injury and damage to
property of any nature relative to the operation of a personal transportation vehicle
(PTV) on designated city streets and roads in an amount not less than required by
Georgia law for motor vehicles operated on public highways in the State of Georgia.
Section 47-61 - Operation of Personal Transportation Vehicles (PTV).
The City of Flowery Branch adopts O.C.G.A. §§ 40-6-330 through 40-6-369.1 and 40-
6-371 "Standards for Operation of Personal Transportation Vehicles (PTV)." Provided
141
2
all provisions of this article are followed, personal transportation vehicles as defined
by O.C.G.A. § 40-1-1 (43.1), also known as motorized carts, may be operated on public
roads or on multi-use paths designated by the PTV Route Plan Map adopted by
Resolution by the Mayor and City Council.
Section 47-62 - Operator.
Only persons seventeen (17) years of age or older and holding a valid driver's license
may operate a personal transportation vehicle (PTV) on the above-described roads and
facilities within the city.
Section 47-63 - Insurance Required.
The operator or owner of a personal transportation vehicle (PTV) shall have written
proof of insurance. Documentation of such coverage shall be submitted during the
registration process outlined in Section 47-69.
Section 47-64 - Equipment Requirements.
(a) All personal transportation vehicles shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the vehicle,
including a parking brake;
(2) A reverse warning device functional at all times when the directional control is in
the reverse position;
(3) A main power switch. When the switch is in the "off" position, or the key or other
device that activates the switch is removed, the motive power circuit shall be
inoperative. If the switch uses a key, it shall be removable only in the "off" position;
(4) Head lamps;
(5) Reflex reflectors;
(6) Tail lamps;
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels; and
(10) Hip restraints and hand holds or a combination thereof.
(b) A gasoline powered personal transportation vehicle (PTV) shall be equipped with
factory installed safety systems, including indicator for gasoline or propane leaks, a
speed governor and an exhaust system in good working order and in constant
operation, meeting the following specifications:
(1) The exhaust system shall include the piping leading from the flange of the
exhaust manifold to, and including, the muffler(s) and exhaust pipe(s).
142
3
(2) The exhaust system and its elements shall be securely fastened.
(3) The engine of every cart shall be so equipped, adjusted and tuned, as to prevent
the escape of excessive smoke or fumes.
(c) Electric personal transportation vehicles (PTVs) shall be equipped with, at a
minimum, all factory installed safety systems and a charge indicator for low battery.
(d) All personal transportation vehicles (PTVs) regulated by this article shall be
maintained in safe condition at all times.
Section 47-65 – Prohibited Areas of Operation.
Personalized transportation vehicles may not be operated on local roads, state roads,
or federal highways, unless specifically identified on a PTV Route Plan Map. PTVs are
not allowed on multi-use paths or sidewalks, unless specifically identified on an Off-
Street Route Plan Map.
Section 47-66 - Occupants.
(a) The number of occupants in a personal transportation vehicle (PTV) shall be
limited to the number of persons for whom factory seating is installed and provided on
personal transportation vehicle (PTV). The operator or any occupant shall be seated in
the personal transportation vehicle (PTV) and no parts of the bodies of the operator or
any occupant shall extend outside the perimeter of the personal transportation vehicle
(PTV) while the personal transportation vehicle (PTV) is being operated.
(b) Children 0 through 3 years of age riding in a PTV shall be properly protected
using a crash-tested, federally approved child restraint device; such restraint device
must be a separate carrier or a vehicle manufacturer’s integrated child seat. Children
4 through 5 years of age shall be restrained using a separate carrier, an integrated
child seat, or a seat belt.
Section 47-67 - Traffic Rules.
(a) The operator of the personal transportation vehicle (PTV) shall comply with all
traffic rules and regulations adopted by the State of Georgia (O.C.G.A. Title 40) and
the City of Flowery Branch (city code chapter 47) which govern the operation of motor
vehicles.
(b) Pedestrians shall be given due consideration and reasonable right-of-way to
ensure safe passage.
(c) An audible warning shall be given by operators of personal transportation
vehicles (PTV) when approaching pedestrians from the rear.
(d) All laws and ordinances relative to alcohol and the use thereof, including open
container laws, apply to the operator and occupants of personal transportation
vehicles (PTV). 143
4
Section 47-68 - Hazardous Activities.
No individual or group shall engage in hazardous activities on the authorized roads.
Such hazardous activities include, but are not limited to, the following:
(a) Racing of any kind;
(b) Blocking of public access; and
(c) Loitering or parking on roads, bridges or in underpasses.
Section 47-69 - Registration and Affidavit of Owner; Fee.
The owner of a personal transportation vehicle (PTV) shall register the PTV with the
city once every five (5) years for a fee not to exceed $15.00. PTV registration shall be
filed with the Community Development Director. The registration shall be completed
on forms provided by the Community Development Department. As part of the
registration process, each owner shall be required to sign an affidavit that the
information provided by the owner on the registration form is true and correct to the
best of his knowledge and that the owner will abide by all City of Flowery Branch laws
and regulations regarding ownership and operation of a PTV, as well as any applicable
state laws. Registration shall be posted in any PTV operated within the City of Flowery
Branch.
Section 47-70 - Penalty.
A violation of any provision of this article shall constitute a violation of the Flowery
Branch City Code. An owner, lessee or operator may be cited to appear in the Flowery
Branch Municipal Court. Upon finding by such court that an owner, lessee, or
operator of a personal transportation vehicle (PTV) has violated any provision of this
article, such person shall be subject to a fine not to exceed $200.00 for each offense,
along with court costs in the amount that same now exists, or may hereafter be
determined by ordinance or statute.
Section 47-71 - Liability Disclaimer.
This section is adopted to address the interest of public safety. Personal transportation
vehicles (PTV) are not designed or manufactured to be used on public streets, and the
City of Flowery Branch in no way advocates or endorses their operation on public
streets or roads. The city, by regulating such operation is merely trying to address
obvious safety issues, and adoption of this section is not to be relied upon as a
determination that operating on public streets is safe or advisable if done in
accordance with this section. All persons who operate or ride upon personal
transportation vehicles (PTV) on public streets or roads do so at their own risk and
peril, and must be observant of, and attentive to the safety of themselves and others,
including their passengers, other motorists, bicycles, and pedestrians. The City of
Flowery Branch has no liability under any theory of liability and the city assumes no
liability for permitting personal transportation vehicles (PTV) on public streets and 144
5
roads. Any person who operates a personal transportation vehicle (PTV) is responsible
for procuring liability insurance sufficient to cover the risk involved in using a
personal transportation vehicle (PTV) on the public streets and roads.
Section 47-72 – New Street Petition Process.
From time to time, new or existing streets may be desired to be added to the PTV
Route Plan. This process has been created so interested applicants may request the
addition of new streets based on meeting minimum criteria for application without the
need to update the PTV Route Plan. In order to make a request, minimum standards
are required and outlined below. Once it has been determined those standards are
met, the petition can be forwarded to City Council for review. City Council shall use
the following criteria in considering whether a route may be added to the PTV Route
Plan:
(a) New streets shall have a maximum speed of 25 MPH and a maximum slope of
20 percent.
(b) If the street is already occupied with residents, a minimum of 10 percent of
property owners who are addressed off the subject street must sign a petition in favor
of adding the street to the PTV Route Plan.
Acknowledgements:
I hereby acknowledge that I have received a copy of the regulations and PTV Route
Plan Map covering Personal Transportation Vehicles as shown above and will comply
with it. I am aware that failure to comply with said requirements would result in
revocation of PTV license and/or legal action by the City of Flowery Branch. In
making the above representation under oath, I understand that any person who
knowingly and willfully makes a false, fictitious, or fraudulent statement or
representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20.
____________________________________________ ___________ Signature of Applicant Date ____________________________________________ Printed Name of Applicant
Executed in _______________________________ (city), __________________ (state).
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ____ DAY OF _________, 20___.
_______________________________________ My Commission Expires: _____________
NOTARY PUBLIC/SEAL 145
33
146
34
147
IMPLEMENTATION
148
36
149
37
150
APPENDIX
151
39
152
8/27/2018 General report - Flowery Branch PTV Survey
Where would you most like to see PTVs legal (check all that apply)?245 out of 245 people answered this question
What type of PTVs should be allowed in Flowery Branch?245 out of 245 people answered this question
Would you recommend developing ordinances requiring certain private developments to provide the following forPTVs?245 out of 245 people answered this question
What is your current employment status?244 out of 245 people answered this question
126 / 52%1
48 / 20%2
27 / 11%3
20 / 8%4
10 / 4%5
8 / 3%6
3 / 1%7
1 / 0%8
1 / 0%9
Employed full-time
Retired
Self-employed
Homemaker
Employed part-time
I prefer not to answer
Student
Not looking for work
Unemployed
157
45
158
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MCEV
ER RO
AD
PHIL NIEKRO BOULEVARD
SPOUT SPRINGS ROAD
HOGM
OUNTAIN ROAD
GAINES FERRY ROAD
FRAZERROAD
SPRING LAKE DRIVE
CANTRELL ROAD
H F REED INDUSTRIAL PARKWAY
ATLANTAHIGHWAY
SWANSEY ROAD
FALC
ONPAR
KWAY
BIGSKYDRIVE
LIGHTS FERRYROAD
WADE ORR ROAD
ELIZABETH LANE
LAKE STERLING BOULEVARD
MULBERRY STREET
COMPASS DRIVE
MARTIN
ROAD
SPRING STREET
EAGLEWATCHDRIVE
RAFEBANKS DRIVE
RADFORD ROAD
LAKE
C ROS
SING
DRIVE
FLAT
ROCK DRIVE
FRIENDSHIP ROAD
AMHERST WAY
CASHROAD
THUR
MON TANNER PARKWAY
GAINESV
ILLE STR
EET
BELL DRIVE
MOUNTSALEM CIR
CLE
MITCHELL STREET
CAPITOLA FARM ROAD
RAFE COURT
BLACKJACK ROAD
JIM CROWROAD
OVERBY ROAD
COVE
CREEK DRIVE
OLDORR
ROAD
WILMINGTONWAY
IVY SPRINGSDRIVE
SAMOA WAY
WARREN ROAD
MORROW DRIVE
OAKFERN TRAIL
J MTURK ROAD
LANIER PARKW
AY
WAYNE DRIVE
OAK RIDGE DRIVE
BRAGG ROAD
WWH
ITEROAD
FLO WER YWAY
RIDGE
ROAD
RAMP
MALIBU RIDGE
SASS
E RRO
AD
CONNER ROAD
LOLLIS CREEK ROAD
LOO P
ERLAK
EDRIV
E
BENNETT ROAD
NEWBERRY POINTDRIVE
NORTONCIRCLE
Legend#* Survey Responses
StreetsParcelsWaterbodiesCity Limits
O
City of Flowery BranchPersonal Transportation
Vehicle Plan---------
Survey Response Map
159
47
160
MCEV
ER RO
AD
PHIL NIEKRO BOULEVARD
HOGMOUNTAI
N ROAD
FRAZER ROAD
SPRING LAKE DRIVE
GAINES FERRY ROAD
CANTRELL ROAD
H F REED INDUSTRIAL PARKWAY
ATLANTA HIGHWAY
FALC
ONPA
RKWA
Y
RIVER ROAD
BIGSKYDRIVE
LIGHTS FERRY ROAD
WADE ORR ROAD
ELIZABETH LANE
LAKE STERLING BOULEV
ARD
CHURCH
STREET
MULBERRY STREET
COMPASSDR
IVE
MARTIN
ROAD
EAGLEWATCHDRIVE
RAFEBANKS
DRIVE
RADFORD ROAD
LAKE
CROS
SING
DRIVE
FLAT
ROCK DRIVE
FRIENDSHIP ROAD
AMHERST WAY
CASH ROAD
THUR
MON TANNER PARKWAY
RAILRO
AD AVE
NUE
BELLDRIVE
MOUNT SALEM CIR
CLE
SPOUT SPRINGS ROAD
CAPITOLA FARM ROAD
RAFE COURT
BLACKJACK ROAD
JIM CROWROAD
OVERBY ROAD
GAINESV
ILLE ST
REET
OLDORR
ROAD
WILMINGTONWAY
IVY SPRINGSDRIVE
GLEN OAKDRIVE
SAMOA WAY
SWANSEY ROAD
MORROW DRIVE
J M TURK ROAD
LANIER
PARKW
AY
OAKFERN TRAIL
WARREN ROAD
BRAGGROAD
WWH
ITEROAD
FLOWERYWAY
RIDGE
ROAD
RAMP
MALIBU RIDGE
SASS
ERRO
AD
CONNER ROAD
LOLLIS CREE
K ROAD
LOOP
E RLAK
EDRIV
E
BENNETT ROAD
NEWBERRY POINTDRIVE
NORTONCIRCLE
LegendCity LimitsPTVs PermittedPTVs ProhibitedNot in City limits
O
City of Flowery BranchPersonal Transportation
Vehicle Plan---------
Route Map
161
Exhibit “B”
TYPE OF APPLICATION OR PERMIT
FEE
ZONING APPLICATIONS Comprehensive Plan Amendment (Minor) $ 500.00 Comprehensive Plan Amendment (Major) TBD Rezoning Request $ 500.00 Annexation Request $ 500.00 Zoning Code Amendment $ 500.00 City Council Appeal $ 500.00 Conditional Use Permit $ 350.00 Driveway Permit $ 50.00 Flood Hazard area/floodplain management permit $ 50.00 Flood Hazard area/floodplain management variance $ 350.00 Permit for Special Temporary Outdoor Event $ 25.00 Relocation Permit $ 20.00 Uniform Sign plan approval $ 50.00 Variance $ 350.00 (Minimum $ 350.00/$125.00 per item) Variance (Administrative) $ 125.00 Variance (Sign) $ 100.00 Zoning Verification Letter Unconditional $ 35.00 Conditional zoning $
60.00 Film Permit $100.00 + $100/day Food Truck NO CHARGE Road Action Request $ 250.00 TBD - Major Comprehensive Plan Amendments shall be calculated at an hourly burdened rate of $ 125.00 per hour. Deposit is required prior to processing amendment. Contact staff for further details.
SUBDIVISION APPLICATIONS FEE* ADDITIONAL
ENGINEERING FEES
RESUBMITTAL
Exemption Plat Map $ 100.00 Plat recording fees Superior Court Contact Hall County $ 300.00 - $
500.00 $ 150.00
Preliminary Plat Map $ 400.00 $ 300.00 - $ 500.00
$ 150.00
Final Plat Map $ 100.00 $ 300.00 - $ 500.00
$ 150.00
Dedication Plat Map $ 100.00 $ 300.00 - $ 500.00
$ 150.00
* (Plat/Subdivision maps requiring certain professional expertise, may be reviewed by the City Engineer or other designated agent. Complete cost of review shall be burdened by the applicant as identified in FB Ordinance. No. 358)
PLANNING DEPT. REVIEW FEE RESUBMITTAL Site plan review (Single Family Residential)
$ 25.00 $ 25.00
(Multi-Family Residential) $ 250.00 $ 125.00 (Accessory Structure less than 200 sq.
ft.) None None
(Accessory Structure more than 200 sq. ft.) $ 30.00 $ 30.00 Site plan review (Commercial less than 1000 sq. ft.) $ 100.00 $ 100.00
(Commercial more than 1000 sq. ft.) $ 300.00 $ 150.00 Site plan review (Industrial less than 1000 sq. ft.) $ 100.00 $ 50.00
(Industrial more than 1000 sq. ft.) $ 300.00 $ 150.00 Site plan review (Institutional less than 1000 sq.
ft.) $ 100.00 $ 50.00
(Institutional more than 1000 sq. ft.) $ 400.00 $ 200.00 Landscape plan review $ 125.00 $ 100.00
ENGINEERING DEPT. REVIEW (INCLUDES WATER AND SEWER REVIEWS)
See Attached Addendum
“A”
BUILDING DEPT. REVIEW FEE*** RESUBMITTAL Construction document plan check for all structures requiring review as identified in Ordinance No. 357.
$ 120.00/1000 sq. ft. $ 75.00/1000 sq. ft.
Minor Const. Doc Review (Single Family Residential)
$ 50.00 $ 25.00
Misc. Const. Doc Review $ 25.00 $ 15.00 ***(Construction drawings requiring certain professional expertise, may be reviewed by the City Engineer or other designated agent. Complete cost of review shall be burdened by the applicant as identified in FB Ordinance No. 358).
LAND DISTURBANCE APPLICATIONS See Attached Addendum “A”
FEE BUILDING PERMITS Residential Stick-Built (new home) .25/sq. ft. (Min permit $
350.00)
Residential Stick-Built Remodeling, above 100 sq. ft.
.25/sq. ft.
Residential Stick Built Remodeling less than 100 sq. ft. $ 35.00 New Manufactured Home/Mobile Home New Commercial/Industrial < 10,000 sq. ft .30/sq. ft. ($ 100.00 min.) New Commercial/Industrial 10,001 to 20,000 sq. ft. .20/sq. ft. New Commercial /Industrial 20,001 sq. ft. > .10/sq. ft. Commercial/Industrial, Remodel above 200 sq. ft. .35/sq. ft. ($ 100.00 min) Commercial/Industrial, Remodel less than 200 sq. ft.
$ 100.00
Structures Accessory to Residences under 200 sq. ft. None Structures Accessory to Residences over 200 sq. ft. $ 35.00 Swimming Pools & Other Structures valued over $ 500.00
$ 125.00 ( $50.00 Electrical if applicable)
Signs (wall signs) $ 125.00 Signs (other) $ 20.00 Signs (monument signs, pylon signs, highway signs) $ 150.00 Office Trailer/Temporary Permit $ 75.00 Demolition Permit $ 75.00 Re-inspection fees $ 25.00 1st time $ 50.00 2nd time CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLETION
FEE
Single Family/Apartments $ 25.00 Commercial Uses $ 25.00 Industrial Uses $ 25.00 Institutional Uses $ 25.00 SEWER TESTING AND INSPECTION FEE Pressure/vacuum/video test verification $ 14.00 plan review plus
$ 1.25 per linear foot Included in LDP fee
Water line/system inspection $ 14.00 plan review plus $ 1.25 per linear foot
Included in LDP fee
Sample Station Approval $ 25.00 Lab Verification $ 100.00 per occurrence COMMERCIAL ELECTRICAL FEE MIN. PERMIT FEE $ 35.00 Service panel to 250 amps $ 10.00 Panels over 250 $ 15.00
110 volt breakers $ 5.00 Double pole breakers $ 3.00 20 amp $ 4.00 30 amp $ 5.00 40 amp $ 6.00 50 amp $ 7.00 60 amp $ 8.00 Above 60 amps $ 9.00 Disconnect switches for heat, air, gas, etc. $ 5.00 Transformers, heaters, & appliances $ 25.00 Motors, sizes up to 50 amp (51 amp & up plus .10 hp)
$ 25.00 163
RESIDENTIAL ELECTRICAL FEE MIN. PERMIT FEE $ 35.00 Electric water heater 220v $ 2.00 Range 220 C $ 2.00 Dryer 220V $ 2.00 Heating system & Air 220v $ 5.00 Each additional 220 outlet $ 1.00 Garage door opener $ 1.00 Exhaust Fan $ 1.00 Smoke detector $ 1.00 Dishwater $ 2.00 Vent hood $ 2.00 110-volt breaker $ 3.00 220-volt breaker $ 5.00 PLUMBING (MIN. PERMIT FEE $ 35.00 FEE (COMMERCIAL) FEE (RESIDENTIAL) Lavatory $ 10.00 $ 5.00 Tub or shower $ 10.00 $ 5.00 Sink $ 10.00 $ 5.00 Disposal $ 10.00 $ 5.00 Dishwasher $ 10.00 $ 5.00 Washing Machine $ 10.00 $ 5.00 Laundry tub $ 10.00 $ 5.00 Water heater $ 10.00 $ 5.00 Drinking fountain $ 10.00 $ 5.00 Floor drain $ 10.00 $ 5.00 Urinal $ 10.00 $ 5.00 Sand trap $ 10.00 $5.00 Septic tank connection $ 10.00 $ 5.00 Other supply taps & waste connection $ 10.00 $ 5.00 HVAC Heating system, per unit $ 25.00 $ 15.00 Air condition, per unit $ 25.00 $ 15.00 Gas piping system or connection $ 25.00 $ 15.00 Gas storage tank $ 15.00 $ 15.00
HISTORIC PRESERVATION FEE Certificate of Appropriateness (Major Work) $25.00 Certificate of Appropriateness (Minor Work) $ 5.00 Signs (Temporary) $ 50.00 per sign Signs $ 5.00 per side for each sign PUBLICATIONS FEE Zoning Map $ 40.00 Zoning Ordinance $ 40.00 Subdivision Ordinance $ 30.00 Comprehensive Plan (Community Agenda) $ 40.00 Comprehensive Plan (Community Assessment) $ 50.00 MISC. Returned check fee $ 25.00 PTV Registration $15.00
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Addendum “A”
I. Development Review Fees, Requirements, and Procedures
A. Fees 1. Full Development Permit (City Water and/or Sewer)
a. 3 acres or less $2,400 b. 3.1 to 10 acres $3,300 c. 10.1 to 20 acres $4,000 d. Over 20 acres $5,000
2. Full Development Permit (Not on City Water and/or Sewer) a. 3 acres or less $1,300 b. 3.1 to 10 acres $2,000 c. 10.1 to 20 acres $2,600 d. Over 20 acres $3,300
3. Lesser Land Disturbance Permits a. 3 acres or less $1,000 b. 3.1 to 10 acres $1,100 c. 10.1 to 20 acres $1,200 d. Over 20 acres $1,300
B. Submittal Requirements 1. Fees are due at time of submittal 2. Submittal form is due every time plans are submitted 3. 3 sets of plans are required 4. A flash drive containing all plans in .pdf format is required at every submittal 5. Applicant is responsible for acquiring all outside agency approvals 6. Plans are accepted at City Hall M-F between the hours of 8:00-4:00 7. Resubmittals shall include City and engineering comments with a narrative explaining how each
comment has been addressed 8. Types of plans required - Article 6, Section 606 of the FB Code of Ordinances 9. Plans must be prepared by a professional per Article 6, Section 607
C. Review Procedures 1. Time of review
a. Initial comments shall be sent via e-mail within 21 days b. Applicant has 21 days to re-submit after comments are sent c. Each subsequent review will have the same 21-day time line
2. Number of Reviews a. 3 re-submittals will be allowed b. If project is not approved after 3 re-submittals it is considered void
and the process will start over D. Coordination
1. All submittals shall come directly to Flowery Branch 2. All review comments shall be sent from Flowery Branch 3. Any requested meetings with the City engineer of record will be
scheduled and approved by City staff 4. Any questions regarding the review shall be submitted to City staff via
e-mail
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II. Development Permit Fees, Procedures, and Requirements A. Fees
1. Full Development Permit - $200 per disturbed acre 2. Lesser Development Permit -$150 per disturbed acre 3. Erosion control bond - $3,000 per disturbed acre per Chapter 26 Article III Section 26.23 of the Code
of Ordinances 4. $40/acre to City for NPDES (National Pollutant Discharge Elimination System) > I acre 5. Proof of $40 per acre payment to the State for NPDES 6. 15-month maintenance bond required at time of final plat or prior to CO per Article 6, Section 619
B. Procedures 1. Pre-construction meeting with the City is required per Article 6, Section 603 2. Approved plans must be kept on site 3. Permit must be posted per Article 6, Section 612 (b) 4. Maintenance responsibilities per Article 6, Section 612 (c) must be met 5. All required inspections per Article 6, Section 614 must be met 6. As-built survey required per Article 6, Sections 615 & 616 7. Final land development inspection required per Article 6, Section 618 8. Maintenance bond required per Article 6, Section 619
C. Requirements 1. NOI is required for any project over 1 acre – State requirement 2. Completed land disturbance application 3. Preliminary plat - if dedication of a public street or land; or if a new private street is proposed per
Article 5, Section 502 4. All required plans per Article 6, Section 606 of the FB Code of Ordinances 5. Reviews required – not all are applicable depending on the site location per Article 6, Section 609
a. FB Utilities b. Hall County Public Works c. Hall County Soil and Water Conservation District d. Hall County Environmental Health e. Georgia Department of Transportation f. Georgia Department of Natural Resources g. U.S Army Corps of Engineers h. U.S Environmental Protection Agency
