PEPEFAPPPPRRR Mayor Sarah B. Hayes Elected Officials Mitchell Boston Patrick Underwood Bridgette Kelly Luciria L. Lovette Robert (Bob) Dodd City Administration Nicolas Maxwell, Fire Chief Christopher Reed, Police Chief Dave Martin, Public Works Adm. Patrick Golphin, Water Supervisor Luke R. Moses, City Attorney Mayor and Council Meeting Agenda December 10, 2024 @ 6:00 PM Call to Order Roll Call Mayor Sarah B. Hayes Pastor Richard D. Hayes II. City Clerk In Unison Councilmembers Councilmembers II. Invocation IV. Pledge of Allegiance Approval of Agenda VI. Approval of Minutes New Day Community Church-Walthourville, GA & EV. a November 12, 2024 Regular Meeting November 18, 2024 Special Called Meeting December 5, 2024 Special Called Meeting VII. Presentation(s) Atlantic Waste VIII. Agenda Items: 1.LCPC 2.LCPC on Arnall Drive. 3. LCPC 4.LCPC Mr. Sam Sullivan a Ms. Mardee. A. Sanchez Ms. Mardee. A. Sanchez New Dimensions Christian Fellowship-New Church on Davis Street (Information Only). Mr. Gerardo. Aguilera Quadplexes-Request for a waiver from the requirements to install curb and gutter Mr. Todd Kennedy Mr. Todd Kennedy Business License Request for Ms. Bianca Williams for a Cottage Food Business. Unified Development Ordinance (UDO)Amendment. (Public Hearing Ad). 5. City of Walthourville Fire Code Ordinance and Fees. Chief] Nicolas Maxwell EPPFFPPRA ATeYeYeA 6.City of Walthourville 2025 Millage Public Hearing Dates. 7. City of Walthourville FY2025 Budget. 8. City of Walthourville Tree Lighting. 9. City ofWalthourville City ofAllenhurst IGA. 10. City ofWalthourville Public Utilities Ordinance. IX. Department Reports Mr. Patrick Golphin ChiefNicolas Maxwell ChiefChristopher Reed Citizens Comments XI. Council Comments Veree Mayor and Council Mayor and Council Mayor and Council Mayor Sarah B. Hayes & Attorney Luke R. Moses Mayor Sarah B. Hayes & Attorney Luke R. Moses City of Walthourville Water Department Fire Department Police Department Walthourville Citizens Elected Officials X. Councilman Mitchell Boston Councilman Patrick Underwood Councilwoman Bridgette Kelly Mayor Pro Tem Luciria L. Lovette Councilman Robert Dodd XII. Mayor Comments XIII. Executive Session XIV. Adjournment Mayor Sarah B. Hayes - Mayor, Council & City Attorney Councilmembers Ifan Executive Session is needed, it will be called for (1) Litigation, (2) Personnel or (3) Real Estate. AlII Meeting are held at the' Walthourville Police Department and are open to the Public. The City of Walthourville will be closed December 24th and December 25th in observance of Christmas. The City will resume normal operations on December 26, 2024. € ALTHOU - 1974 LE IMPROVING PRESENTATION ATLANTIC waste services Mr. Sam Sullivan ALTHOU - - INCI $ ILLE AISANSA MOVING VIEINIFNONING AGENDA - 1 LCPC Ms. Mardee A. Sanchez - 39800 00890 doIS YARD FRONT $ETBACK 1 D a 3 € e n S o 5 S - 9 C LEL Od 4Z61 80 IVW D QTVNI938 3/N E006v0-Nld M3V8L3S QuVKaIs Sz (Or) 1-98 (og) 1-S8 D0 NOT ENTER DE) 1-98- dOIS) /DONOT ENTER 0098:343 JS-SZE'6 (SZLx5L) SNIGI08 GESOdodd () .2/1 YI-OW/OS-RA 8 3LIHM 'uv8 d01S 4Z MOVB13S 66+ Od 109 80 dr NOSQWVHOI8 3I78VHO J/N O£00640-Nld Od 109 80 VHOIB 3I78VHO J/N :006v0:Nld ALTHOU INCIN 2 PURVILLE.S 3 AIMANSN NOVINGW IEINIKONING AGENDA2 LCPC Ms. Mardee A. Sanchez (Waiver Request) GoOSE CREEKLLC October 23, 2024 City of Walthourville Mayor Sarah B Hayes 222 Busbee Road, P.O. Box K Walthourvile, Georgia 31333 Re: Waiver for Curb and Gutter along Arnal Drive Quadruplex Layout for Gerardo Aguilera Dear Mayor: Goose Creek, LLC, on behalf of Mr. Aguilera, formally requests a waiver from the requirement to install curb and gutter along Arnal Drive, as mandated by the current UDO since the street is adjacent to the property being improved. The addition of the curb and gutter, and associated storm water improvements along Arnal Road, would be a significant financial burden to the project. The sidewalk along Arnold will still be installed. Should you have any questions, comments or require any additional information, please contact us. Sincerely, Al wi Adam Wilkinson, P.E. (Excerpt from UDO) Sec. 504-8 Curbs and Gutters A. Concrete curbs and gutters shall be installed along new streets. Existing public streets that are included in or are adjacent to the development or subdivision shall be developed and improved to the same curb and gutter and sidewalk standards as new streets. This notwithstanding, the governing authority may approve streets without curbs and gutters when the development is designed to be of "low impact design" to reduce the quantity and B. The width of the curb and gutter shall not be less than 24 inches. A narrower width may be approved by the plan reviewer upon demonstration by the subdivider that meeting this requirement is not feasible and a narrower width would not be a detriment to the safety of the general public. A wider width may be required to provide adequately for unusual soil enhance the quality of stormwater runoff. conditions, extraordinary traffic volume or other abnormal conditions. NALTHOU INCIA 5 LE, AINANSN MOVINGV ILEINIFKONING AGENDA3 LCPC Mr. Todd Kennedy Liberty Consolidated Planning Commission = Report Governing Authority: The City of Walthourville Consolin LCPC * 2005 gComm Mayor & Council Date: December 10, 2024 Type of Permit: Owner of Business: Business License = Cottage Food Business Bianca Williams Business Managed By: Bianca Williams Property Zoned: Comments: AR-1 (Agricultural Residential) This proposed business is a cottage food business located at 93 Phenela Lane. The Parcel Number is 051C056. LCPCZoning ecommendation: APPROVAL Contingent upon the requirements from the GA Department of Agriculture and the Liberty County Health Department LCPC Staff: RLRS 111125 Todd Kennedy Date ALTHOU Cityo of Walthourville Business License Division Application for corporation or Limited Liability Company LLC Occupation Tax Certificate ORVI.E. *The application must bei filled out completely to obtain a City of Walthourville Occupation Tax Certificate. Payment must be filed with the: application to obtaina a City of Walthourville Occupation tax Certificate. This application willr not be processed ifitisnot accompanied by the appropriate tax fee. You will not be billed. Please print withi ink ori type. In ordert for the appropriate tax orf fee to be determined the application accompanied by alla appropriate documents must be submitted inp person. Pursuant tol The Georgia Immigration Reform Actt that was passed byt the Statel Legislature and signed by the Governor all persons applying for renewinga a City of Walthourville Tax Certificate mustp provide a secure and verifiable document asr required by O.C.G.A 50-36-1(e) (1) and sign and notarize the affidavit required by O.C.G.A! 50-36-1( (e) (2) and the affidavit required by 0.C.G.A36-60-6 (d). This Business is: Namel business as_ Sweet Street Business Phone#( 912) 334-9891 Name of Corporation/LLC". The Sweets Street Experience LLC Business Address -SPhometstrbhits Mailing Address_ 98-Phenclatrtmiee- Home Address_ 93.Phenela LnUnitB Email Address_ Saepizamel8rahapcon. Full Detailed Description of Business M'New Application Ownership Change / Date ownership changed & Certificate: #_ ) )lamf filling a name/or address change for Certificate# City_Wallhourill State_GA Zip_31301 Number ofe employees (including ownership) in City of Walthourville, E-verify# (Required if11 or more employees). 1 State Sales Tax ID#_ 33-1998093 Owner Name_ BiancaLorraine Williams Federall ID# 99-1990093- SS# (NO) DOB 09/22/1991 DOES THIS BUSINESS REQUIRE AS STATE LICENSE?. V(YES). (Please attacha a copy ofy your statel license or certification) * Alle electrical, mechanical, plumbing, well drillingo contractors, salon, mobile home dealers, mobileh homei installers, anda any other contractor thatis is required to ***Allc commercially used buildingn mayb bes subject toa ani inspection forf firea ands safety code compliance prior toa anyo certificate of occupancy or business! licenseb being haveas Stated of Georgial Licensev will ber required toa attacha copy oftheli license tot this application beforei insurance. issued. ZONINGI DEPT FIRE DEPT CITY COUNCIL BUSINESS LICENSE DEPT DATE RECEIVED. BUSINESS LICENSEI ISSUANCE DATE. FORC OFFICE USE ONLY OAPAOVDIDAPOVDH, DAPMODIDSAPORD., APAMDIDSON DATE_ DATE_ DATE Mailing Address: P.O Box K, Walthourville, GA: 31333 Office Location: 222 Busbee Road, Walthourville, GA: 31333 Phone: (912)368-7501 Web site address: wwdbolalhounlecon VALTHOU CityofWalthourville Business License Division APPLICATION FOR CHANGE IN LICENSE EKVIE ISAIN. FORT THE) YEAR $25.00 CHARGE FOR RELOCATION $25.00 CHARGE FOR NAME CHANGE OF BUSINESS INDICATE THE CHANGE YOU ARE APPLYINGFOR: DATE. ACCOUNT NUMBER, )NAME - JADDRESS )NAME AND ADDRESS Current business name_ Address:, Owner: Manager:. Nature of business:. Phoner number:. New name of business: Newa address ofbusiness:. Newr manager:. New phone number: This_ CURRENT INFORMATION OF BUSINESS: COMPLETE ONLYT THE: SPACE THAT WOULD APPLYTOYOUR CHANGE: The undersigned affirms that the aboves statements are true and correct tot the best of his/her knowledge and belief. dayo of AUTHORIZED SIGNATURE OF APPLICANT PERSONNALLYI before the undersigned appeared who on Oath has sworn that the above information given thereini ist true: and correct. Sworn and: subscribed before met this day of STATEOF NOTARYPUBLIC COUNTYOF. CITYOF Mailing Address: P.O Box K, Walthourville, GA31333 Office Location: 222 Busbee Road, Walthourville, GA3 31333 Phone: (912)368-7501 Web site address: wwwdbpohathounlecon City of Walthourville Business License Division ALTHOD ERVILLE MAINE Arey you, the applicant, the corporation, LLC or any: shareholder currently delinquent inj payment of anyt taxes orf feest to any state orl local government? No Ifyes, please indicate the type oft tax or fee, and the amount due with the reason thet taxi is delinquent. _BW Ifthis property isz zoned residential, no clients, employees, sales, deliveries, storage of inventory, or equipment (initals) are allowed on1 the premises. Only one commercial vehicle not to exceed 12,500 Ibs Gross weight used as BW Iswear or affirm thatl have obtained or willo obtain within thirty days oft the date of this applicationa Cityof transportation by the occupant may be parked att ther residence. (initals) Walthourville Certificate of Occupancy: as required byt the city ordinances. BW Iwill comply with the Zoning Restrictions stated above. (initals) _Biancal L. Williams affirm that thet facts stated byr mei are true, understand any misrepresentation or fraudulent statement is grounds for automatic dismissal oft this application and/revocation oft the license.! understand that all: signs displayed on my premise must be permitted byt the City of Walthourville, Ifurther understand that my business must operate in compliance with alla applicable state, federal andl local laws, ordinances and regulations, andt that the granting of this occupation tax certificate or payment of this occupation tax does not waive the right of anyf federal, state or local entityt to regulate and enforce laws, ordinances and regulations. lunderstand that all decisions of the Business License Division may be appealed toi the City of Walthourville. This_20 day of November Legibly print name_ BiancaL.V Williams Signature of applicant 2024 YhhE This application must be approved by the Liberty County Planning Commission Tax Map & Parcel#_ Approved by: Zoning Classification Date Approved:_ Datet the request will be presentedt tol Mayor and Council: Mailing Address: P.O Box! K, Walthourville, GA: 31333 Office Location: 222 Busbee Road, Walthourville, GA: 31333 ***APPLICANT MUST COMPLETE THE AFFIDAVITS ANDI PROVIDE. AS SECURE AND VERIFIABLE DOCUMENT" Phone: (912)368-7501 Web site address: adnolwathounliacon CITY OF WALTHOURVILLE BUSINESS LICENSE DIVISION- -LAWFUL PRESENCE AFFIDAVIT O.C.G.A. $50-36-1(e)(2). AFFIDAVIT By executing this affidavit under oath, as an applicant for a loan, grant, tax credit and/or other public benefit, as referenced in O.C.G.A. $: 50-36-1, administered by the Georgia Department of Community Affairs, the undersigned applicant verifies one ofthe foHowing with respect to my application for aj public benefit: 1)_ 2)_ 3) Iam al United States Citizen. Iam al legal permanent resident oft the United States. Iam a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by thel Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he ors shei is 18 years of age or older and! has provided at least one: secure and verifiable document, as required by O.C.G. A. $50-36-1()(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, understand that any person who knowingly and willfully makes a false fictitious, or fraudulent statement or representation in an affidavit shall be guilty ofa violation ofO.C.G.A. 16-10-20, and face criminal penalties as allowed bys such criminal statute. Executed this the_20 day of November 20_24 in_Walthourille (city), GA (state). hhRL *Signature of Applicant Bianca L.) Williams Printed Name of Applicant SUBSCRIBED AND SWORN BEFOREI ME ON THIS THE DAY OF 20 NOTARY PUBLIC My Commission Expires: *This Affidavit must bes signed by the same person who executes the Application Certification Form Letter Mailing Address: P.O Box K, Walthourville, GA: 31333 Office Location: 222 Busbee Road, Walthourville, GA3 31333 Phone: (912)368-7501 Webs site address: wdiobalbounliesen CITY OF WALTHOURVILLE BUSINESSI LICENSE DIVISION - PRIVATE EMPLOYER AFFIDAVIT By exccuting this affidavit under oath, the undersigned private employer verifies one oft the following withi respect toi its application for a business license, occupational tax certificate, or other document required to operate a business as referenced in O.C.G.A, $3 36-60-6(d): Section 1. Please check only one: (A). On. January IS ofthe below-signed year, the individual, firm, or corporation employedi more than ten (10) employees'. *** Ifyous select Section 1(A), please fill out Section 2 and then execute below. (B). On. January 1St oft the below-signed year, the individual, firm, or corporation employed ten (10) or fewer employees. *** Ify you select Section 1(B), please skip Scction 2 and execute below. Section 2. The employer has registered with and utilizes the federal work authorization program in accordance with the applicable provisions and deadlines established in O.C.G.A. S 36-60-6. The undersigned private employer also attests that its federal work authorization user identification number and date of authorization are: as follows: Name of Private Employer Federal Work Authorization User Identification' Number Date of Authorization 20_24 in_ Walthourville Ihereby declare under penalty of perjury that thei foregoingi is true: and correct. Executed on 20 November (city),. GA (state). hhEL Signature of Authorized Officer or Agent Bianca L. Williams CEO Printed Name and' Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAYOF. 20 NOTARYI PUBLIC My Commission Expires: To determine the number of employees for purposes oft this affidavit, al business must count its total number of employees company- wide, regardless oft the city, state, or country in which they arc based, working atl least 35 hours a week. Mailing Address: P.O Box K, Walthourville, GA3 31333 Office Location: 222 Busbee Road, Walthourville, GA: 31333 Phone: (912)368-7501 Web site address: www.c clyolwalthourile.com OIEDIP ELODLSO BZOBISO DSOSISO CRU 05 EZU 0 9903090 ED00SD GIA 090D090 917. CarterRd CO0D0SO S009LS0 9009150 C009150 E00D1S0 E005090 2005190 000B150 2005L90 150 GDIED > AL'HOU 1974 5 LE, AISAYS MOVINGY VILEI IMIROVING AGENDA4 LCPC Mr. Todd Kennedy Public Hearing - UDO Amendment The Liberty Consolidated Planning Commission (LCPC) will conduct a public hearing on Tuesday, November 19th at 4:30PM to receive comments on a proposed amendment to the Liberty County Unified Development Ordinance (UDO). The UDO contains the zoning and subdivision regulations for unincorporated Liberty County and the municipalities of Allenhurst, Flemington, Gum Branch, Hinesville, Midway, Riceboro and Walthourville. The proposed UDO amendment includes a revision to Table 203.1 in Article 203 to allow for the placement of double wide manufactured homes in the R-8 zone within Allenhurst and Walthourville. The public hearing will be in the Board ofCommissioners Boardroom on the second floor of the Liberty County Courthouse Annex. For more information about the proposed UDO amendment, please contact Jeff Ricketson at 912-408-2030 or rickesonthelepcory. or visit ww.thelcpc.ory. Public Hearings to be Held by the Allenhurst and Walthourville: Monday, December 2, 2024, 6:30 p.m. = The Town of Allenhurst Mayor and Council will meet at Allenhurst Town Hall, 4063 West Oglethorpe Highway, Allenurst. Tuesday, December 10, 2024, 6:00 p.m. - The City of Walthourville Mayor and Council will meet at Walthourville Police Department, 192B Talmadge Road, Walthourville. NALTHOU e INCIN 5 URVILLE B AISANS MOVING VILLE IMPROVING: AGENDA5 City of Walthourville ChiefNicolas Maxwell Sec. 8-2. Fire prevention code--Adopted. (Amended) The city hereby adopts, for thep purposes of fire prevention and the enforcement of minimum fire prevention standards, the current state minimum firep prevention: standards as promulgated pursuant to ther rules and regulations of the safety fire commissioner of thes state under authority contained in O.C.G.A. $25-2-1 et seq., including all subsequent revisions thereof, a copy of which is ont file in City Halla and the with the chief of thei fire department. Such codei is hereby adopted andi incorporated as part of this chapter as fully as ifs set out atl length in this section, and the provisions ofs such code shall be effective and controlling within the corporatel limits of the city from and after the date of adoption and approval of this section. These standards shall henceforth be the code for fire prevention within the cityj jurisdiction, and thet fire chief andt the city's building official shall apply such code in performing the duties of their offices. (Insert Resolution Number) Sec. 8-3. Same--Penalty for violation. Any person who shall violate any oft the provisions of thei fire prevention code adopted in section 8-2 ora any person who shall aid, abet or assist any other person in violation of the code shall, upon conviction int the municipal court, be punished as providedi ins section 14-4 pursuant to provisions set forthi in O.C.G.A. $1 16-8- 14(b)(1) (Insert Resolution Number) Sec. 8-4. Life safety code--Adopted. Ther rules and regulations for safetyt tol life from firei in buildings and structures as recommended byt the National Fire Protection Association and as adopted and amended by the Georgia Safety Fire Commissioner are hereby adopted int their entirety as the Life Safety Code of the city. Copies of such code are oni filei in City Halla and with the chief oft the fire department. Such codei is hereby adopted andi incorporated as part of this chapter as fully asi ifs set out at length in this section, and the provisions ofs such codes shall be effective and controlling within the corporate limits of the city from and after the date of adoption and approval oft this section. (Insert Resolution Number) Sec. 8-5. Same--Penalty for violation. Any person who shall violate any of the provisions oft thel life safety code adopted in section 8-4, or any person who shalla aid, abet or assist any other person in violation oft the code, shall, upon conviction int the municipal court, be punished as providedi ins section 14-4 pursuant to provisions set forth in O.C.G.A. $16-8- 14(b)(1) (Insert Resolution Number) Sec. 8-6. Inspections; abatement of fire hazards. (a) Thet fire chief or his sworn designee is hereby given the authority to inspect all construction or buildings within the city or upon property owned or controlled byt the city, whether public, private or business, and shall enforce all laws oft the state and the ordinances of the city relating to such construction or buildings for prevention, containment or investigation of fire and firel hazards, both as to the construction or buildings and Created: 2023-06-13 07:50:00 [EST] (Supp. No.: 20) Page 1of3 as tot the contents or occupancy thereof.. At no time shall a business license be approved or renewed without (b) The fire chief or one of his sworn designees, upon the determination by him oft the existence of any fire hazard violating the provisions oft the city's fire protection code or life safety codei in any construction or building, or within the construction or building, or on or within any premises within the city, immediately notify the owner or occupant thereof oft the existence of thet firel hazard, and that the owner shall abate or remove thef fire! hazard within 15 days from the date of written notice. Upon failure oft the owner or occupant so to do, thet fire chief or one of his delegated assistants may, with the approval oft the Mayor or his/her designee, cause thei issuance ofac citation summoning the owner or occupant to appear int the municipal court to answer for having violated the city's fire prevention code orl life safety code, for violation of which the performance ofal life safety inspection at a minimum. criminal penalties may bei imposed pursuant to section 8-3 or section 8-5. (Insert Resolution Number) Sec. 8-7. Obstruction of fire chief in performance of duties. (a) No person shalli in any way obstruct or prevent or attempt to obstruct or prevent the fire chiefi int the discharge of his duties by denying or attempting to deny him access to any premises owned or occupied by such person, or by failing or refusing to furnish correct information requested by thet fire chiefi in the (b) Nop person shalli in any way obstruct or prevent or attempt to obstruct or prevent the fire chief while inspecting any construction, building or premises to determine the existence of any possible fire hazard, nor shall any person deny access tot thet fire chief to any construction, building or premises fori inspection thereof. investigation into the cause, origin or circumstances of any fire. (Insert Resolution Number) Sec. 8-9. Open Burning (a) Enforcement. The provisions of this article shall be enforced by the Fire Chief and the Chief of Police or such subordinate officers of the Fire Department and Police Department as are necessary to effectuate the (b) Penalties. Any person who violates any provision of this article shall be subject to at fine: as providedi in section 14-4 (b)Action pursuant to subsection (a) of this section: shall not be a bar to the enforcement of this article byi injunction or other appropriate remedy, and the Chief of Police shall have the power to institute andr maintain in the name of the City any and all: such enforcement procedings.çNothing int this article shall be construed to abridge, limit or otherwise impair ther right of any person to maintain any action or other appropriate proceeding for damages of other relief on account of injuries to persons or property. (c) Burning permit. No person shall burn or cause to be burned anyt trash, field, yard, paper, trees, leaves, lumber or vehicles without the permission of the Fire Chief. Burning shall be limited to piles no higher than four feet and no longer than eight feet. Tree limbs over four inches in diameter and over two feet in length and all trees stumps may not be burned. All contractors must possess a written burning permit from the Chief of the Fire Department before burning any type of material. No person shalll kindle or maintain any bonfire or authorize any suchi firet to be kindled or maintained on any private or public land unless the location is no less than 751 feet from a structure with a sizer not to exceed five cubict feet of combustible materials and 150 feet from as structure with as sizer not to exceed eight cubic feet of combustible materials. Bonfires shall be limited to activities sponsored by civic, educational, religious, or other groups for purposes of celebration. Gasoline, diesel fuel, and kerosene may not be used toi ignite thei fires described int this section. requirements set forth herein. (Insert Resolution Number) Created: 2023-06-13 07:50:01 [EST] (Supp. No. 20) Page 2of3 Sec. 8-10. Application for permits. Application for burning permits shall be on forms provided byt the Fire Chief and all permits willl beg granted in compliance with the current guidelines set forth byt the Georgia Forestry Commission. (Insert Resolution Number) Sec. 8-9. Fees (a) Prescribed Fees. An inspection shall not be conducted until thet fees as prescribed subsection (b) of this (b) Schedule of Inspection Fees. On all businesses requiring inspections, ai fee as may be set byt the Mayor and City Council and as may be amended from time to time andi is on filei int the office of the City Clerk, shall be section have been paid. paid prior to thei time ofi inspection. (Insert Resolution Number) Created: 2023-06-13 07:50:01 [EST] (Supp. No. 20) Page 3of3 WALTHOURVILLE FIRE DEPARMTNET Schedule of Fees (insert adoption date) INSPECTIONSONS(EXISTING BUSINESSES) Initial annual inspection First Follow-up inspection Second follow-upi inspection Third follow-upi inspection NOCHARGE $50.00 $100.00 $150.00 INSPECTIONS (NEW CONSTRUCTION) 80%, Initial and first follow-up All subsequent follow-up $100.00 $150.00 PLANS REVIEW Sprinker System Plans Review Fire. Alarm Plans Review Commercial Hood Plans Review Underground Firel Line Plans Review $100.00 plus $0.50 per head $100.00 plus $0.50 per device $100.00 $100.00 EXTRAI INSPECTIONI FEE When extrai inspections are: necessary to enforce fire or other applicable codes, due to any of thei following reasons, a charge of $75 for each reinspection: required, as a result of the same violation: Work noti in compliance with code and/or approved drawings Work not ready fori inspection upon arrival No representative present at time ofs scheduled inspection Wrong address VIOLATION OF CO/INCIDENT CAUSED BY NEGLIGENCE $500.00 fine PERMITS Residential Burn Permit Bonfire Permit Contractor Burn Permit LPGas/Compressed Gas No Charge No Charge $250.00 pers site $50.00 WALTHOUR - INCIVN RVI LLE, MOVINGV WIEINIPHONING AGENDA6 Mayor and Council 2025 Millage Public Hearing Dates a AGENDA7 Mayor and Council FY 2025 Budget NALTHOU 1974 LEs AISANSN MOVINGV WILLEI IMIROVING AGENDA! 8 Mayor and Council Tree Lighting ALTHOU NC.I 1974 LE, MOVING WILEI IMPROVING: AGENDA9 Mayor Sarah B. Hayes & Attorney Luke R. Moses City of Allenhurst, GA IGA ORDINANCE NUMBER AN ORDINANCE TO ESTABLISH REQUIREMENIS FOR' THE USE OF PUBLIC. AND THE MAYOR AND CITY COUNCIL FOR THE CITY OF WALTHOURVILLE, PRIVATE UTIILITIES WITHINTHE RIGHTS-OF-WAY GEORGIA ORDAINS: Section 1. Purpose, Definitions, Authority and Scope. (a) Purpose. This ordinance prescribes the minimum requirements for the accommodation of public and private Utilities within the City's Rights-of-Way. (b) Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 1. "Broadband Services" means a wired or wireless terrestrial service that consists oft the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second ini the upstream direction to end users and in combination with such service provides: (i) Access to the internet; or (ii) Computer processing, information storage, or protocol conversion. 2. 3. 4. 5. "City" means the City of Walthourville, Georgia. "City Clerk" means the City Clerk oft the City of Walthourville, Georgia, or his or her designee, which may include the Public Works Superintendent. "Codified Ordinances" means all applicable ordinances of the City of "Construct" means but shall not be limited to, dig, bore, tunnel, trench, excavate, obstruct, install or remove signs, or Facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part oft the Rights of Way. Construct shall also include the act of opening and/or cutting into the: surface of any paved or improved surface that is any part oft the Walthourville, Georgia or Liberty County, Georgia. Right ofWay. 6. "Construction" means but shall not be limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing or removing signs or Facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the Rights of Way. Construction shall also include the act of opening, boring and/or cutting into the surface ofany part of the Right of Way. Page 1of13 7. "Emergency" means a condition that poses a clear and immediate danger tol life, health, or safety ofaj person, or of significant damage or loss oft real or personal property. 8. "Facility" or Facilities" means any tangible thing, including but not limited to pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, appurtenances, appliances and future technology of any Utility in, on, along, over, or under any part oft the Rights of Way within the City. 9. "Facilities Representative(s)" means the specifically identified agent(s)employeets) ofa Utility who are authorized to direct field activities of that Utility and serve as official notice agent(s) for Facilities related information. Utility shall be required to make sure at least one (1) ofits Facilities Representatives is available at all times to receive notice of, and immediately direct response to, Facilities' related Emergencies or situations. 10. "FCC" means the Federal Communications: Commission or any successor 11. "Permit" means an authorization which grants permission to conduct specific regulated activities on, in, over, under or within any Right-of-Way, and which may be subject to conditions specified in a written agreement with the City 12. "Right(s) of Way" means the surface and space in, on, above, within, over, below, under or through any real property in which the City has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, or any other place, area, or real property owned by or under the legal or equitable control ofthe City, now orl hereafter, that consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing or replacing Facilities. The term "rights-of-way" shall not include buildings, parks, bridges, rivers, tunnels, viaducts, conduits or other public property or easements that have not been dedicated to compatible uses, except to the extent the use or occupation of such property is specifically granted in a permit or by law. The term "rights-of- way" shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a written 13. "Service(s)" means the offering of any service by a Utility for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, or alternatively, the provision of any service by a Utility between two or more points for a proprietary purpose to a class of users other than thereto. ori in ai related provision oft this Ordinance. approval of registration. the general public. Page 2of13 14. "Service Agreement" means a valid license agreement, service agreement, franchise agreement, or operating agreement issued by the City or state pursuant to law and accepted by a Utility or entered into by and between the City and a Utility, which allows such Utility to operate or provide Service within 15. "Street or Streets" means the surface of, as well as the spaces above and below, any and all the streets, alleys, avenues, roads, bridges, tunnels and public places oft the City within the geographic limits oft the City, as the same now exist or may be hereafter extended or altered, and any location thereon, thereover or 16. "Utility or Utilities" means all privately, publicly, or cooperatively owned systems for producing, transmitting, or distributing communication, data, information, telecommunication, cable television, video services, power, electricity, light, heat, gas, oil, crude products, water/sewer, steam, fire and police signals, traffic control devices, and street lighting systems, and housing or conduit for any ofthe foregoing, which directly or indirectly serve the public or any part thereof. The term "Utility" may also be used to refer to the owner, operator, Utility, service, contractor or subcontractor, or any agent thereof, ofa any above- the geographic limits of the City. thereunder, and any portion thereof. described Utility or Utility Facility. (c) Authority. Pursuant to GA Code $32-4-92(a)(10) the City may grant permits and establish reasonable regulations for the installation, Construction, maintenance, renewal, removal, and relocation of! pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances ofa any Utility in, on, along, over, or under any part of its municipal street system and ofa county road system lying within its municipal limits. Further, 47 U.S.C. $2 253(c) provides that the City has (d) Scope. Thej provisions of this ordinance shall apply to all Utilities and Facilities authority to manage its public Rights of Way. occupying the Rights of Way as provided herein. Section 2. Construction Permits Required. (a) Permit Required. It shall be unlawful for any Utility to excavate or to Construct, install, maintain, renew, remove or relocate Facilities in, on, along, over or under the public roads of the City without a Utility Permit in accordance with the terms ofthis (b) Permit Procedure. Utility Permits shall be obtained from the City Clerk or such other person as the Mayor may designate. The written application shall include the Ordinance. following: 1. The name and address oft the Utility; 2. The nature, extent, and location of any work proposed to be done, along with satisfactory plans as attachments showing in detail the location oft the Page3 3of13 proposed Facility or operations as described ini the Permit application. Thej plans shall show the size or capacity of Facilities to be installed; their relationship to Street features such as Right-of-Way lines, pavement edge, structures, etc., horizontal and vertical clearance to critical elements oft the roadway and any other information necessary to evaluate the impact on the Street and its operation; The name and address oft the person or firm who is to do such work; 4. The name, street address, email address if applicable and telephone and facsimile numbers of one (1) or more. Facilities Representative(s). 5. Thej projected dates for the work to be started and finished; 3. 6. An indemnity bond or other acceptable security in an amount to be set by the City toj pay any damages to any part oft the City road system or other City property or to any City employee or member oft the public caused by activity or work of the Utility performed under authority of the Permit issued; 7. Acopy, ifrequested, of the registrant's certificate of authority (or other acceptable evidence of authority to operate) from the Georgia Public Service Commission and/or the FCC and any other similar approvals, Permits, or agreements; and 8. A copy, ifi requested, of the Service Agreement, ifa applicable or other legal instrument that authorizes the Utility to use or occupy the Right of Way for the purpose described in the application. (c) Permit Fees. Fees shall be determined by the City, subject to the approval by resolution oft the Mayor and City Council. A fee schedule is available in Exhibit A, (d) Issuance of Permit. Ifthe City Clerk determines the applicant has satisfied the attached hereto. following requirements, the City Clerk may issue a Permit: 1. and 2. Whether issuing of the approval will be consistent with this Ordinance; Whether applicant has submitted a complete application and has secured all certificates and other authorizations required by law, ifapplicable, in order to Construct Facilities in the manner proposed by the applicant; and 3. The impact on safety, visual quality of the streets, traffic flow, and other users oft the Right of Way and the difficulty and length oft time oft the project, Construction or maintenance. (e) Emergency Situations. Page 4of13 1. Each Utility shall, as soon as reasonably practicable, notify the City ofany event regarding its Facilities which it considers to be an Emergency. Thel Utility may proceed to take whatever actions are necessary in order to respond to the Emergency. A Utility who engages in an Emergency excavation shall take all reasonable precautions to avoid or minimize damage to any existing facilities. In the event that the City becomes aware of an Emergency regarding Utility Facilities, the City may attempt to contact the affected Utility or Facilities Representative. The City may take whatever action it deems necessary in order to respond to the Emergency, including cut or move any of the wires, cables, amplifiers, appliances, or other parts of the Facilities. The City shall not incur any liability to the Utility, for such Emergency actions, and the cost ofs such shall 2. be paid by each Utility affected by the Emergency. (f) Effective Period of] Permit. 1. 2. Each Permit shall have a set commencement and expiration date based on The Permit shall remain in place until construction is completed or until its expiration date unless the Utility is in default. The City Clerk may give written notice of default to a Utility ifit is determined that a Utility has: information provided in the applicant's Permit application. (i) Violated any provision or requirement oft the issuance or acceptance ofal Permit application or any law of the City, state, or federal (ii) Attempted to evade any provision or requirement oft this (iii) Practiced any fraud or deceit upon the City; or government; Ordinance; (iv) Made ai material misrepresentation or omission of fact in its Permit application. (g) Cancellation for Cause. Ifa Utility fails to cure a default within twenty (20) working days after such notice is provided to the Utility by the City, then such default shall be a material breach and City may exercise any remedies or rights it has at law ori in equity to terminate the Permit. Ifthe City Clerk decides there is cause or reason to terminate, the following procedure shall be followed: 1. City shall serve a Utility with a written notice of the reason or cause for proposed termination and shall allow a Utility ai minimum of fifteen (15) calendar 2. Ifthe Utility fails to cure within fifteen (15) calendar days, the City may days to cure its breach. declare the Permit terminated. Page 5of13 (h) Expiration of Permit. Ifwork has not commenced within six (6) months of the date ofi issuance, the Permit will automatically expire. Section 3. Required Minimum Standards. (a) Utility Accommodation Policy and Standards Manual. The Georgia Department of Transportation ("GDOT") 2016 Utility Accommodation Policy and Standards Manual, including all references contained therein to codes, rules, regulations, schedules, forms and appendix items, promulgated by GDOT, as may be amended from time to time is hereby adopted by reference and incorporated in this Ordinance as iffully set forth herein, subject to the amendments and modification contained in this Ordinance. Ac copy of the manual shall be maintained at the offices of the City Clerk or his or her designee and open for public inspection. Any conflicts between the provisions oft this Ordinance and the manual shall be resolved in favor of the manual. References to state personnel, agencies, and fees shall be interpreted, where required, as meaning the City of (b) Protection ofTraffic: and Roadway. Unless specifically in the Permit, no Utility may occupy the Rights of Way unless sufficient space is available SO that the free flow and safety oft traffic and other capacity considerations are not unduly impaired and the installation does not prevent the City from reasonably maintaining the Streets, structures, traffic control devices and other appurtenant facilities, and further provided that maintenance and operations oft the Facilities do not jeopardize the traffic, Street structure, (c) Grading. Ifthe grades or lines ofany Street within the Right of Way are changed at any time by the City during the term oft the Permit and this change involves an areai in which the Utility's Facilities are located, then the Utility shall, at its own cost and expense and upon the request oft the City upon reasonable notice, protect or promptly alter or relocate the Facilities, or any part thereof, sO as to conform with such new grades or lines. In the event the Utility refuses or neglects to SO protect, alter, or relocate all or part oft the Facilities, the City shall have the right to break through, remove, alter, or relocated all or any part of the Facilities without any liability to the Utility and the Utility shall pay to the City the costs incurred in connection with such breaking through, (d) Installation of Poles and Other Wireholding Structures and Relocation. Unless otherwise provided in a valid Service Agreement, no placement ofany pole or wireholding structure oft the Utility is to be considered a vested interest in the Right of Way, and such poles or structures are to be removed, relocated underground, or modified by the Utility at its own expense whenever the City determines that the public convenience would be enhanced thereby. The Facilities shall be so located and installed as to cause minimum interference with the rights and convenience of property owners. (e) Notice of Intent to Excavate or Demolish. No Utility shall commence, perform, or engage in blasting or in excavating with mechanized excavating Facilities unless and until the Utility planning the blasting or excavating has given forty-eight (48) hours' Walthourville municipal equivalents. other users of the Right of Way or the Right of Way itself. removal, alteration, or relocation. Page 6of13 notice by submitting a locate request to the One Call Center, beginning the next working day after such notice is provided, excluding hours during days other than working days. (a) Each Utility shall be responsible for the cost of repairing any Facilities in the Rights of Way and adjoining property or other Facilities which it or its Facilities damage. (b) A Utility shall be liable, at its own cost and expense, to replace, restore or repair, any Street, Facilities or property or structure thereon, thereunder, thereover or adjacent thereto that may become disturbed or damaged as a result oft the construction or installation, operation, upgrade, repair or removal of Facilities to a condition as good as or better than its condition before the work performed by the Utility that caused such disturbance or damage. Ifthe Utility does not commence such replacement or repair after twenty (20) working days following written notice from the City, the City or the owner of the affected structure or property may make such: replacement or repair and the Utility Section 4. Restoration of Property. shall pay the reasonable and actual cost of the same. Section 5. Inspection. (a) The Utility shall make the construction site available to the City Clerk and to all others as authorized by law fori inspection at all reasonable times during the execution (b) At any time, including the time ofi inspection, the City Clerk may order the immediate cessation of any work which poses a serious threat to the health, safety, or welfare oft the public, violates any law, or which violates the terms and conditions oft the Permit and/or this Ordinance or issue an order to correct work which does not conform to (c) When the construction under any Permit is completed, the Utility shall notify the and upon completion of the construction. the Permit and/or applicable standards, conditions or codes. City Clerk. Section 6. Other Approvals, Permits and Agreements. (a) Additional Permits Required. The Utility shall obtain all Construction, building or other Permits or approvals as according to City ordinance, state or federal law. In addition, a Permittee shall comply with applicable laws, shall complete work in a way as to not cause any unnecessary or unauthorized obstructions of sidewalks, Streets, waterways or railways, and is responsible for all work done in the Rights of Way regardless of who performs the work. No Rights of Way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work, except in the case ofan Emergency as outlined in Section 2 (e). Section 7. Penalties. (a) Every Utility convicted ofa violation of any provision ofthis Ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00) per violation. Each Page 7of13 act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or Permits. This shall include the right to stop work which isi in violation oft this Ordinance, (b) AUtility obtaining the Rights of Way without permission or a Permit is considered criminal trespassing. This covers not only buildings but also land, vehicles, and watercraft. Generally, unauthorized entry is considered criminal trespass, which is charged as a misdemeanor, punishable in accordance with applicable law. or other applicable provisions oft the City's Code and state law. Section 8. Aesthetic Standards. (a) The City finds it is in the best interest of the City and its residents and businesses to establish aesthetic requirements and other specifications and reasonable conditions regarding placement of facilities in the Rights of Way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare oft the residents and businesses of the City and to reasonably manage and protect (b) The objective of this section is to ensure use of the Rights of Way: (i) is consistent with the design, appearance and other features of nearby land uses; (ii) protects the integrity ofhistoric, cultural and scenic resources; and (ii) does not harm residents' (c) This section applies to all requests to locate Facilities in the Rights of Way and (d) Placement or modification of] Facilities in the Right of Way shall comply with this section at the time the Permit for installation or modification is approved and as amended from time to time. Permittees are required to comply with City Code and applicable law the Rights of Way and its uses in the City. quality oflife. ongoing use of the Rights of Way for such Facilities. and regulations. (e) Facilities Standards. 1. on the area. 2. Facilities must be compatible in size, mass, and color to similar Facilities in the same zoning area, with a goal ofn minimizing the physical and visual impact Facilities in the residentialhistoricalarchitecturally significant areas' shall be visually and architecturally integrated with the residential/ historical/ 'Ifthis requirement is only to apply to specific areas within the City, then enter the appropriate zoning or other designations. Page 8of13 architecturally significant areas? and shall not interfere with prominent vistas or significant public view corridors. 3. 4. Facilities must be located in alignment with existing trees and/or facilities. Facilities must maintain the integrity and character of the neighborhoods and corridors in which the facilities are located. Undergrounding. Facilities shall bei installed underground in the City SO long as placement underground will not materially impact the provision of service. Any individual requesting to locate Facilities above ground in the City has the burden to demonstrate by clear and convincing evidence that undergrounding will effectively prohibit the provision of the service in question. (f) Camouflaging. Facilities must be designed using camouflaging techniques that make them as unobtrusive as possible if: 1. Itis not possible or desirable to match the design and color of Facilities with the similar facilities in the same zoning area, as required under Section 8 (a) 1;or 2. Existing facilities in the area are out of character with a streetscape plan or other aesthetic plan that has been adopted by the City. (g) Concealment. Facilities shall incorporate specific concealment elements to (h) Installation and Modification Standards. Installation of new Facilities in, on, along, over, or under the Rights of Way or modification ofe existing facilities in, on, minimize visual impacts. along, over, or under the Rights of Way shall: 1. 2. 3. 4. 5. Minimize risks to public safety; Ensure that placement of facilities on existing structures is within the Ensure that installations and modifications are subject toj periodic review Ensure that the City bears no risk or liability as ai result of the tolerance oft those structures; to minimize the intrusion on the Right of Way; installations or modifications; and Ensure that use of the Rights of Way does not inconvenience the public, interfere with the primary uses of the Rights of Way, or hinder the ability oft the City or other government entities to improve, modify, relocate, abandon, or vacate the Right of Way or any portion thereof, or to cause the improvement, 2Ifthis requirement is only to apply to specific areas within the City, then enter the appropriate zoning or other designations. Page 9of13 modification, relocation, vacation, or abandonment of Facilities in the Right of Way. (i) Plans for Use. No Facilities shall be placed in, on, along, over, or under the public Rights of Way unless: (i) there are immediate plans to use the proposed Facility; or (ii) there is a contract with another party that has immediate plans to use the proposed () Contact Information. Every Facility placed in the Rights of Way shall at all times display signage that accurately identifies the Facility owner and provides the Facility owner's unique site number, and also provides al local or toll-free telephone Facility. number to contact the Facility owner's operations center. Section 9. Fiber Installations Fee and Broadband Service Compensation. (a) Permits for fiberi installations. In accordance with GA Code $ 46-5-1(19)(b) there will be a one hundred dollars ($100) Permit fee for any new Permit issued for fiber (b) Compensation for Broadband Services. Any telephone companies that provide Broadband Services to any location within the geographic limits of the City, payment at the rate of five cents (5f) per linear foot annually shall be considered due compensation, and for telephone companies that do not provide any Broadband Services to any location within the geographic limits of the City, payment at the rate ofi nineteen cents (19f) per linear foot annually shall be considered the payment of due compensation. installations. Section 10. Other Provisions. (a) Severability. Ifany section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the (b) Reservation of Regulatory and Police Powers. The City by issuing a Permit under this Ordinance, does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or may bel hereafter vested in the City under the Constitution and Laws oft the United States, State of Georgia and the City Charter, and under the provisions oft the any Codified Ordinances to regulate the use of the Rights of Way. The Utility by applying for and being issued a written Permit, is deemed to acknowledge that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A Utility is deemed to acknowledge that its interests are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws enacted by the City pursuant to such powers. All Utilities remaining portions thereof. Page 10of13 shall comply with City zoning and other land use requirements pertaining to the placement and specifications of] Facilities. (c) Compliance. No person shall be relieved ofits obligation to comply with any of the provisions oft this Ordinance by reason ofany failure of City to enforce compliance. (d) Appeal of Administrative Decisions. All appeals provided for by this Ordinance and any notification to the City required by this Ordinance shall be in writing and sent via (e) Ordinance Headings. Ordinance headings are for convenience only and shall (f) Repealer. Except as provided otherwise herein, all ordinances or parts of (g) Effective Date. This ordinance shall become effective immediately upon its certified mail to the City Clerk as specified in this Ordinance. not be used to interpret any portion of this Ordinance ordinances in conflict with this ordinance are hereby repealed. adoption by the Mayor and City Council. The foregoing Ordinance No. Councilmember follows: was offered by Councilmember who moved its approval. The motion was seconded by and being put to a vote, the result was as AYE NAY Sarah B. Hayes, Mayor Luciria Luckey-Lovette Robert Dodd Patrick Underwood Bridgette Kelly Mitchell Boston THIS ORDINANCE adopted this WALTHOURVILLE, GEORGIA day of 2024. CITY OF SARAH B. HAYES, MAYOR ATTEST: SHANA T. MOSS, CITY CLERK Page 1lof13 APPROVED ASTOFORM: LUKE R. MOSES, CITY ATTORNEY Page 12of13 EXHIBIT A RIGHT-OF-WAY AND EXCAVATION PERMIT FEES Description Fee Administration and plan review fee Traffic control plan review and inspection fee $50.00 (commercial) $25.00 (residential) $50.00 (all permits) Longitudinal and transverse excavation for major projects $3.00 per L.F. (minimum fee (paved areas) $100.00) $3.00 per L.F.i is high in addition to a franchise fee of $15,840.000 per mile fee $25.00) 15.00 per S.Y. Longitudinal and transverse excavation for major projects $0.75 (0.10) per L.F. (minimum (unpaved areas) Longitudinal and transverse excavation for point repairs, service lines, storm drains, manholes, etc. (paved areas) Excavation for utility construction, point repairs. street cuts 6.00 per S.Y. (paved areas) Boring and jacking operations, tunneling, retrofitting of $0.40/$3.10 per L.F. (minimum fee $50.00 per block) $0.40 perI L.F. (minimum fee $25.00) $25.00 for replacement Fees as defined by each ordinance or permit fee ordinance $50.00 existing utility lines, pipe lining, etc. Irrigation systems (paved areas) Utility poles (new or replacement) including guy and anchor $100.00 for new asa approved by the City on a case by case basis Communication towers (new installation) as defined by telecommunications ordinance or small cell ordinance Terminal boxes, junction boxes. equipment cabinets, splice $5.00 each boxes, regulator stations, meters and valves inj paved areas Vaults (or any cabinet/box bigger than 2'x3") A-1 INCIVN 5 LE, IMLEINRONING AGENDA 10 Mayor Sarah B. Hayes & Attorney Luke R. Moses Public Utilities Ordinance