Chapter 113 — Development Regulations

Sec. 113-2. Purpose.

Sec. 113-3. Intent and application.

These regulations apply to and provide guidance for the development of any lands within the city, whether the development involves the subdivision of the land for sale to individual users or pertains only to the construction of buildings or other improvements on a single parcel. (Ord. No. 2009-06-18, (1.3), 6-29-2009)

Secs. 113-4—113-10. Reserved.

Sec. 113-11. Effective date and amendments.

Sec. 113-12. Severability.

If any section, subsection, sentence, clause, or phrase of these regulations is for any reason held to be unconstitutional or void, the validity of the remaining portions of these regulations shall not be affected thereby, it being the intent of the city council in adopting these regulations that no portion thereof or provision of the regulations contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, or provisions of these regulations. (Ord. No. 2009-06-18, (2.2), 6-29-2009)

Sec. 113-13. Conflicting regulations.

All regulations or parts of regulations of this Code of the City of Johns Creek, Georgia, in conflict with these regulations shall be and the same are hereby repealed in their portions so in conflict. Provided, however, that it is not the intent of these regulations to repeal or affect any Law of the State of Georgia or any Code or Ordinance of the City of Johns Creek, Georgia adopted as a requirement of a state law, in which case the most restrictive requirement shall control. (Ord. No. 2009-06-18, (2.3), 6-29-2009)

Secs. 113-14—113-20. Reserved.

Sec. 113-21. Administration.

Sec. 113-22. Appeals and variances to the regulations.

Sec. 113-23. Violations and enforcement.

Any action or inaction that violates the provisions of these regulations or the requirements of an approved plan or permit shall be subject to the enforcement actions or penalties outlined herein. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and also may be abated by injunctive or other equitable relief. The imposition of any of the enforcement actions or penalties described herein shall not prevent such equitable relief.

Secs. 113-24—113-40. Reserved.

Sec. 113-41. Use of words and interpretation.

Sec. 113-42. Definitions of words and phrases.

Certain words or phrases in these regulations are defined for their use herein as follows:

AASHTO. The American Association of State Highway Transportation Officials.

Alley or service drive. A minor permanent, public service-way which is used primarily for vehicular service access to the back or the side for properties otherwise abutting on a street.

Access improvement. Any improvement or facility that is planned and designed to provide service or access for a particular project and which is necessary for the use and convenience of the occupants or users of the project and is not a system improvement. A project access improvement includes but is not limited to: pedestrian access improvements; site driveways; new streets; median cuts; right turn lanes, left turn lanes, acceleration lanes, and deceleration lanes made necessary to serve site driveways or new streets leading to or from the project;

traffic control measures made necessary to serve site driveways or new streets; intersection improvements whose primary purpose at the time of construction is to provide access to the project; and, necessary right-of-way dedications required for any project access improvement.

Applicant. A person, either the owner or the bona fide representative of the owner of land or structures governed by these regulations, who seeks authority to use, develop, construct upon or otherwise enjoy the use of property through any of the procedures established under these regulations.

Arterial. A principal arterial, major arterial, or minor arterial street as defined and designated in the comprehensive plan of the city.

"As-built" survey. See "Public record drawing".

Base flood. A flood which has a one percent probability of occurring in any calendar year. (i.e., the 100-year frequency flood).

Base flood elevation. The highest water surface elevation anticipated at any given point during the base flood.

Bike paths. These paths serve to separate bicycle riders from vehicle and pedestrian traffic. Bike paths can meander through wooded areas, traverse the edge of open areas, and may parallel existing roadways or walks.

Block. A piece or parcel, or several parcels of land comprising an area entirely surrounded by public streets, other than alleys.

Buildable area. That portion of a lot where buildings and specified structures may be located after all minimum yards, buffers, landscape strips, and other setbacks have been met.

Buildable lot of record. A lot that has been lawfully divided under the regulations in place at the time of filing and appears on a deed or plat recorded in the official records of the clerk of the superior court.

Building setback line. A line across a lot parallel to a street right-of-way or other property line establishing the minimum open space to be provided between any principal building and the street or other property line. All building setback lines shall be at least as restrictive as the corresponding minimum yard setbacks required in the zoning ordinance or as approved by the city council or other governing board.

Certificate of development conformance. Final approval issued by the department for completion of land development activities for a subdivision or development project for which a land disturbance permit was issued.

Certificate of occupancy. Final approval by the department for the use or occupancy of a structure for which a building permit was issued.

City. City of Johns Creek, Georgia.

City arborist. The agent(s) of the city having the primary responsibilities of administration and enforcement of the tree preservation ordinance.

City council. The mayor and city council of Johns Creek, Georgia.

City of Johns Creek Comprehensive Plan 2009—2030. A plan summarizing and illustrating the adopted goals and objectives of the city regarding the future location and character of anticipated land uses, transportation, and other public facilities in the city. The term "comprehensive plan" includes component or functional plans for the city, including but not limited to a plan for land use (i.e., land use plan) or a plan for transportation facilities, and includes the classification of streets and thoroughfares as shown on the adopted long range road classification map.

Clearing. The removal of trees or other vegetation, but not including grubbing activities.

Collector. A through street having the primary function of connecting subdivisions or other areas to arterial streets or other major thoroughfares, or functioning as a central route within a subdivision channeling traffic from the local streets to an abutting major thoroughfare or another collector street. For the purposes of these regulations, a central but non-through route within a subdivision or other project will be considered as a collector, if the average daily traffic generated by the development on the route will exceed 4,000 trips.

Completed application. An application shall be deemed complete when all application or reviews fees have been paid, application forms completed and all necessary documentation has been submitted in order to determine compliance with these regulations and all other codes and ordinances adopted by the city.

Conceptual plan. A drawing which shows the overall concept (e.g., a conceptual plan) of a proposed development, and which may include lots and streets in a subdivision or the general location of buildings and improvements for a multi-family or nonresidential project. As it relates to the platting process a conceptual plan shall include a drawing in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations.

Condominium. A form of property ownership in which the buildings or portions of the buildings, whether residential or nonresidential in use, are owned by individuals separate from the lands which surround the buildings, said lands held in common ownership by the owners of the several buildings.

Conveyor car wash. A commercial car wash where the car moves on a conveyor belt during the wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle.

County. Fulton County, Georgia.

Crosswalk. A right-of-way dedicated to public use, four feet or more in width, that crosses a street and furnishes a specific area for pedestrian movements at an intersection.

Cul-de-sac. A street having one end open to traffic and being permanently terminated by a vehicular turnaround. For the purpose of designation, a cul-de-sac street shall be interpreted to begin at the intersection of two or more streets nearest to the vehicular turnaround.

Department. The community development department for the city.

Developer. Any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit who directs the undertaking or purposes to undertake development activities as herein defined, whether the development involves the subdivision of the land for sale to individual users, the construction of buildings or other improvements on a single land ownership, or both.

Development. All activities associated with the conversion of land or the expansion or replacement of an existing use to any new use intended for human operation, occupancy or habitation, other than for agricultural purposes devoted strictly to the cultivation of the land. Such activities include land disturbance (clearing and grubbing the land of vegetation and stumps, and grading) and the construction of improvements such as, but not limited to, streets, driveways or parking areas, water or sewer mains, stormwater drainage facilities, sidewalks or other structures permanently placed on or in the property.

Where appropriate to the context, the term "development" also may be used to denote a specific subdivision or project which is a single entity or intended to be constructed as an interrelated whole, whether simultaneously or in phases.

Development agreement. A written contract between the city and a property owner or developer, that specifies the system improvements to be provided by the developer for a specific project.

Development plans. The detailed and professional plans showing the layout and design, site work and construction activities proposed for a project (other than architectural building plans) and including the preliminary plat or site plan (as applicable), grading plan, tree preservation/ replacement plan, erosion and sediment control plan, buffer and landscape plan, and construction drawings for streets, stormwater drainage facilities, sanitary sewers, water supply facilities, and other site improvements.

Director. The director of the community development department or his/her designee, except where specifically noted otherwise.

Drainage improvements. Those facilities and structures intended to control and direct the passage of stormwaters and other surface water flows from and across or under a property; including, but not limited to, swales and ditches, cross drains and other piping systems, catch basins, detention ponds, and velocity dissipation devices.

Driveway. A vehicular access way in private ownership, other than a private street, which provides access primarily to only one property or project, or to no more than three single-family detached residences.

Easement. Recorded authorization for a specified purpose by a property owner for the use of any designated part of the real property by another entity.

Erosion and sedimentation control ordinance. The ordinance adopted by the city that regulates soil erosion and its conveyance to state waters.

Excavation. Any manmade cavity or depression in the earth's surface, including its sides, walls, or faces, formed by earth removal and producing unsupported earth conditions as results of the excavation. If installed forms or similar structures reduce the depth to width relationship, an excavation may become a trench.

Fee simple. Absolute title to land, free of any other claims against the title, which one can sell or pass to another by will or inheritance.

Federal Emergency Management Agency (FEMA). The federal agency which administers the National Flood Insurance Program. This agency prepares, revises and distributes the maps and studies referenced in these regulations.

Final plat. A finished drawing of a subdivision showing completely and accurately all legal and boundary information and certifications required by these regulations.

Fire marshal's office. A section of the fire department charged with the responsibility of enforcing the city's fire prevention and protection code, the standard fire prevention code, the national fire prevention code and Georgia Accessibility Code.

Freeboard. The distance between the base flood elevation and the top of a stormwater detention structure.

GDOT. The Department of Transportation of the State of Georgia.

Grading. The movement, removal or addition of earth on site by the use of mechanical equipment.

Grubbing. The removal of stumps or roots from a property.

Fulton County Health Department. The Environmental Health Services Division of the Georgia Department of Human Resources for Fulton County, Georgia.

Hotspot. An area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater or to violate water quality standards.

Impervious surface. Any paved, hardened or structural surface, including but not limited to, buildings, dams, decks, driveways, parking areas, patios, streets, swimming pools, tennis courts, walkways, and other structures.

In-bay automatic car wash. A commercial car wash where the driver pulls into the bay and parks the car. The vehicle remains stationary while a machine moves back and forth over the vehicle to clean it, instead of the vehicle moving through the tunnel.

Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in the city's soil erosion and sedimentation control ordinance.

Land disturbance permit. Any permit issued by the city that authorizes land disturbing activities on a site or portion of a site.

Lot. The basic lawful unit of land, identifiable by a single deed established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon. In determining the area and dimensions of a lot, no part of the right-of-way of a road or crosswalk may be included.

Lot, corner. A lot abutting upon two or more streets at their intersection.

Lot, double/multiple frontage. A lot other than a corner lot abutting upon two or more streets that may or may not intersect at that lot.

Lot, minimum lot size. The smallest permissible lot area established by the zoning ordinance or conditions of zoning.

Major intersection. The intersection of two or more public streets in which at least one of the streets is an arterial or collector as designated by the comprehensive plan.

Major thoroughfare. Any public street, existing or proposed, which is shown in the comprehensive plan as an arterial or collector.

Minor plat. A finished drawing of a subdivision of no more than three lots that, at the time of subdivision, does not necessarily, but may involve a land disturbance permit, new streets, the extension of a utility or other municipal facility and depicts all legal and engineering information required by these regulations.

MUTCD. The Manual for Uniform Traffic Control Devices, latest edition.

OSHA. The U.S. Department of Labor, Occupational Safety and Health Administration, or successor agency.

Owner. A person having a majority fee simple interest in real property, or a majority interest through any other form of ownership.

Pedestrian way. A right-of-way within a block dedicated to public use, intended primarily for pedestrians and from which motor propelled vehicles are excluded.

Person. An individual, firm, partnership, corporation, joint venture, association, social club, fraternal organization, estate, trust, business trust, receiver, syndicate, or other group or combination acting singly or collectively for a common purpose, and the duly authorized agents thereof.

Plat. A map indicating the subdivision, resubdivision, or recombination of land.

Preliminary plat. A drawing which shows the perimeter boundary, topography, lot arrangements, street layout, and other features of a proposed subdivision, as specified in these regulations.

Project. A principal building or structure, or group of buildings or structures, planned and designed as an interdependent unit together with all accessory uses or structures, utilities, drainage, access, and circulation facilities, whether built in whole or in phases. Examples include: a principal building on a lot, a residential subdivision, a multi-family development, a shopping center or an office park.

Public record drawing. A survey or other drawing based on a field survey which shows existing features/components and horizontal or vertical information (grades or location of improvements).

Public works director. The director of the department of public works or his/her designee, except where specifically noted otherwise Rain sensor shut off switch. An electric device that detects and measures rainfall amounts and overrides the cycle of an irrigation system so as to turn off such system when a predetermined amount of rain has fallen.

Recycled water system. A water system that captures and reuses water previously used in wash or rinse cycles.

Redevelopment. Development on a previously developed site; but excludes ordinary maintenance activities, remodeling of existing building interiors, resurfacing of paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional non-point source pollution.

Residential site plan. A drawing showing lot information and all improvements, as outlined in article X [of this chapter].

Responsible party. In the context of enforcement procedures, a person (as defined above) who is alleged to have committed, caused, continued or created a violation of the terms, requirements, regulations, or provisions of these regulations whether as a direct act, through lack of action or neglect, or at the direction of or on behalf of others. A responsible party may be the owner of a premises where a violation has occurred; an occupant whether through ownership, lease or other tenancy; a contractor, builder or developer; an agent of or person otherwise acting on behalf of the aforementioned parties; or other person acting in violation of these regulations.

Road. See "Street, public".

Roadway. The paved portion of a street from back of curb to back of curb (or edge to edge of pavement for streets not having curbs) but excluding driveway aprons, bridges, and large single and multi-cell culverts which in a hydrologic sense can be considered to function as a bridge.

Self-service car wash. A commercial car wash where the customers wash their cars themselves with spray wands and brushes.

Sheet flow. Diffused water running overland to a defined watercourse.

Site work. Development activity to prepare a property for construction of buildings or finished structures, including clearing, grubbing, grading, and installation of soil sedimentation and erosion control facilities.

Standard details. Illustrative minimum standards for land development activities authorized under these regulations or other codes of the city. These standards shall not supersede more restrictive or prudent design requirements or good engineering practices as applied to specific situations on a case-by-case basis.

State waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Street, private. An access way similar to and having the same function and design as a public street, providing access to more than one property, but held in private ownership(as distinct from a "driveway").

Street, public. A right-of-way dedicated to and accepted by the city for vehicular traffic or over which the city may hold a prescriptive easement for public access, and including designated and numbered U. S. and state highways. For the purposes of these regulations, the term "public street" shall be limited to those which afford or could afford a direct means of vehicular access to abutting property, and exclude limited access roadways which abut a property but from which direct access may not be allowed under any circumstances.

Street, local nonresidential. A surface street intended primarily to provide local access to adjacent existing or planned commercial or industrial development and not for through traffic.

Street, local residential. A surface street intended primarily to provide local access to adjacent residential development and not for through traffic.

Street, marginal access. A local street which is parallel to and adjacent to a major thoroughfare and which provides access to adjacent properties and protection from through traffic.

Stub-out street. A street having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have, but may be required to have, a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter provided such stub-out street meets the standards of the fire department.

Sub-divider. Any person, individual, firm partnership, association, corporation, estate, trust, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision as herein defined, including an agent of the sub-divider.

Subdivision. Any division or re-division of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcel. The term, "subdivision" shall mean the act or process of dividing property. Lots that do not abut or are not directly across a public street from other sub-divided lots shall be considered a separate distinct subdivision with a separate name.

Where appropriate to the context, the term "subdivision" also may be used in reference to the aggregate of all lots held in common ownership at the time of division.

Subdivision entrance. A public street, or publicly approved private street, that provides access to subdivided lots.

System improvement. Any improvement or facility such as streets, bridges, or rights-ofways identified on the long range road classification map (i.e. "the system"),and any traffic control measures, landscaping or other features to the same, that is included in the comprehensive plan and which is further designed to provide service to the community at large.

Thoroughfare. See "Major thoroughfare".

Trails, pedestrian or others. Extended and usually continuous strips of land established independently of other routes of travel and dedicated, through fee simple ownership or easement, to recreational travel including, but not limited to, hiking, horseback riding.

Trench. A narrow excavation made below the surface of the ground. In general, the depth is greater than the width, but the width of the trench is not greater than 15 feet.

Watercourse. A channel with a defined bed and banks, including lakes, ponds and marshes.

Wetlands. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The ecological parameters for designating wetlands include hydric-soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

Zoning ordinance. The adopted zoning ordinance of the City of Johns Creek, Georgia, as amended from time-to-time. (Ord. No. 2009-06-18, (4.2), 6-29-2009; Ord. No. 2011-03-06, § 1, 3-28-2011)

Secs. 113-43—113-50. Reserved.

Sec. 113-51. Dedication of public lands and facilities.

No land dedicated as a public street or other public purpose shall be opened or accepted as a public street or for any other public purpose, and no subdivision of land shall be made, nor subdivision plat, nor part thereof, shall be recorded before obtaining final approval from the city community development department. Said approval shall be entered in writing on the final plat by the director. The director is hereby authorized to accept such dedications of lands and public facilities on behalf of the city and to cause such dedications to be recorded by the clerk of the county superior court, subject to ratification by the city council. (Ord. No. 2009-06-18, (5.1), 6-29-2009)

Sec. 113-52. Transfer of land ownership.

Secs. 113-53—113-60. Reserved.

Sec. 113-61. Authorization required for development activities.

The developer or sub-divider shall be responsible for ensuring that all applicable external agencies are notified of the proposed work and that all necessary approvals have been obtained prior to commencing any activity covered by those approvals.

Sec. 113-62. Land disturbance permits.

Other permits and approvals required by outside agencies including, but not limited to, Georgia Environmental Protection Division Buffer Variances, United States Army Corps of Engineer Permits, National Pollutant Discharge Elimination System Permits and accompanying documents, must be maintained on site until all work as proposed and approved is completed.

Sec. 113-63. Building permits.

A certificate of occupancy shall not be issued for the completed model home until the final plat encompassing the model home building lots has been approved and recorded, without the express approval of the director.

Secs. 113-64—113-70. Reserved.

Sec. 113-71. Review procedures.

Once the department has approved the final plat the director shall certify by his/her signature on the original of the plat. The final plat shall not be deemed approved until it has been signed by the director and by a duly authorized representative of the health department.

The applicant will be required to submit the approved plans and any accessory documents in an electronic format acceptable to the city.

All right-of-way improvements including new streets, sidewalks, landscaping, etc. must be installed on all development types prior to the approval of a final plat, certificate of occupancy, or certificate of completion.

A performance surety agreement meeting the following requirements shall be filed by the applicant:

Maintenance surety agreements are required prior to issuance of the final plat and/or final approval of the development for those improvements completed.

When required, a maintenance surety agreement shall be filed by the sub-divider or developer to ensure the viability of the infrastructure improvements. The maintenance surety agreement shall be valid for a period specified by the director and shall comply with the following requirements:

Sec. 113-72. Initiation of development activities.

A pre-construction meeting shall be scheduled with the land development inspector assigned to the project prior to commencing any construction activities on the site. The developer shall provide the inspector a minimum of 24-hour notice to schedule the meeting. A permit for initial erosion and sediment control installation shall be issued if all permit conditions have been met.

Sec. 113-73. Assignment of names and address.

Building numbers will not be recognized in the address in accordance with the U.S. Postal Service.

Sec. 113-74. Approval of development conformance.

The approval of development conformance shall be in a form as required by the director.

Secs. 113-75—113-80. Reserved.

Sec. 113-81. Fees.

Secs. 113-82—113-90. Reserved.

Sec. 113-91. Suitability of the land.

The creation of an un-buildable lot in a proposed subdivision for the exclusive purpose of subdivision identification signage or subdivision entrance landscape features is authorized only under the following circumstances (modification applications from the circumstances of this exception shall not be accepted):

Sec. 113-92. Offers of land dedication.

Land not suitable for public use. Whenever a developer proposes the dedication of land to public use, and the director or the appropriate agency finds that such land is neither required nor is it suitable for public use, the director shall require the rearrangement of lots to include such land in private ownership. (Ord. No. 2009-06-18, (9.2), 6-29-2009)

Sec. 113-93. Zoning and other regulations.

Discrepancy in codes. Whenever there is a discrepancy between minimum standards or dimensions required herein and those contained in zoning regulations, building codes, or other official regulations or resolutions, the most restrictive shall apply. In those instances where the required right-of-way width or roadway improvements for a specific project have been established as a condition of zoning approval, the requirements of the zoning condition shall control, whether more or less restrictive than the requirements of these regulations. (Ord. No. 2009-06-18, (9.3), 6-29-2009)

Sec. 113-94. Required public improvements.

General requirements. Every developer of lands within the jurisdiction of these regulations shall provide accessimprovements as required by these regulations and other pertinent codes, ordinances, and regulations of the city. Said improvements and associated lands shall be provided at no cost to the city, and shall be dedicated or otherwise transferred, as required, to the public in perpetuity and without covenant or reservation, except as otherwise provided herein. (Ord. No. 2009-06-18, (9.4), 6-29-2009)

Sec. 113-95. Lots.

Sec. 113-96. Survey monuments.

Sec. 113-97. Standard drawings.

Sec. 113-98. Wetlands.

The design professional, whose seal appears here on, certifies the following: 1) the National Wetland Inventory maps have been consulted and appropriate field studies have been conducted; and, 2) the appropriate plan sheet [ ] DOES / [ ] DOES NOT(mark appropriate box) indicate wetlands as shown on the maps; and, 3) if wetlands are indicated, the land owner or developer has been advised that land disturbance of protected wetlands or jurisdictional waters shall not occur unless the appropriate federal wetlands alteration ("Section 404") permit has been obtained.

Sec. 113-99. Floodplain.

The floodplain management/flood damage prevention ordinance shall govern the development of any applicable parcel with the city. (Ord. No. 2009-06-18, (9.9), 6-29-2009)

Secs. 113-100—113-110. Reserved.

The following paragraphs outline the required elements of both the required and optional plans and plats mentioned throughout these regulations.

Sec. 113-111. Subdivision development plans.

All requirements of the City of Johns Creek Development Regulations relative to the preparation and submission of a Land Disturbance Permit application having been fulfilled, and said application and all supporting plans and data having been reviewed and approved by all affected city departments as required under their respective and applicable regulations, approval is hereby granted of this Site Plan and all other development plans associated with this project subject to all further provisions of said Development and other City Regulations.

___________________________ Director Department of Community Development ______________ Date

Sec. 113-112. Final plat specifications.

Sec. 113-113. Residential site plan.

Sec. 113-114. Site development plans.

Sheet size shall not exceed 30 inches by 42 inches. Plan and profile sheets, if any, shall have a horizontal scale of no less than 100 feet to one inch and a vertical scale of no less than ten feet to one inch.

Sec. 113-115. Tree preservation/replacement/landscape plan specifications.

A tree preservation/replacement/landscape plan shall be required as described in the tree preservation ordinance.

Tree preservation/replacement/landscape plans shall be prepared in accordance with the specifications contained in the tree preservation ordinance. At the developer's option, the plan may be combined with other plans such as a general landscaping plan for the project.

Secs. 113-116—113-120. Reserved.

Sec. 113-121. General.

Sec. 113-122. Specifications.

Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for the work covered in reference to street construction shall conform to the latest specifications of GDOT. (Ord. No. 2009-06-18, (11.2), 6-29-2009)

Sec. 113-123. Access.

Sec. 113-124. Driveways intersections and access improvements.

Table 11.4-1 Uninterrupted Ingress/Egress Distances Maximum Peak Hour Volume Up to 50 vehicles 50 to 200 vehicles 201 vehicles and up Uninterrupted Ingress/Egress

Table 11.4-2 Nonresidential Driveway Width Entrance Configuration One way Two way Notes:

Minimum Width (Ft) 15(1) 24 Maximum Width

Deceleration lanes required by this section shall meet the following requirements:

Table 11.4-3 Minimum Volumes Requiring Deceleration Lanes 2 Lanes on Main >2 Lanes on Road Main Road

>40 MPH

>40 MPH Main roadway ADT 8,000 4,000 12,000 10,000 Daily right turning volume 150 75 150 75 Peak hour right turning volume 15 7 15 7 Table 11.4-4 Deceleration Lane Storage and Taper Lengths Posted Speed Full Width Limit Storage (Ft) (MPH)

35 100 40 150 45 175 50 225 55 250 Taper (Ft)

50 50 100 100 100

300 200 300 200 Peak hour left turning volume 30 20 30 20 Left turn lanes required by this section shall meet the following requirements:

Figure 11.4-1: Design Elements of Left Turn Lanes

4.

Approach Taper (Ft) Decelera- Full Width tion Length Storage 6' Shift 12' Shift (Ft) (Ft)

125 250 220 See Table 11.4-7 160 320 275 See Table 11.4-7 270 540 340 See Table 11.4-7 300 600 410 See Table 11.4-7 330 660 485 See Table 11.4-7 The required length of full-width storage is based on the peak hour traffic volumes. This should be determined in the traffic study. The amount of storage is dependent on the type of traffic control in effect. For signalized intersections, the storage should be sufficient to accommodate the 95th percentile peak hour queue. At yield-controlled intersections, the storage is based on the number of vehicles as designated in table 11.4-7.

Table 11.4-7 Left Turn Storage Requirements Peak Equivalent Speed Limit of Road Hour Left Turn Neighborhood Size (#of Lots)

Volume Queue Feet 40 MPH Queue Feet 45 MPH Queue Feet 55 MPH Queue Feet 30 to 36 80 to 104 95 95 95 95 37 to 84 105 to 268 115 115 115 115 85 to 100 269 to 325 135 135 135 135 101 to 125 326 to 417 135 135 155 175 126 to 150 418 to 511 155 155 175 190 151 to 175 176 to 200 512 to 607 608 to 704 175 175 190 210 190 190 210 210

Rebuilt from the published figure · verify at source ↗Copy image

Table 11.4-8 Left Turning Control Radius Driveway Use Residential Commercial Control Radius (Ft) 40 50

Rebuilt from the published figure · verify at source ↗Copy image

Rebuilt from the published figure · verify at source ↗Copy image

Table 11.4-9 Driveway Spacing Criteria Posted Speed (MPH) Minimum Driveway Spacing (Ft)(1)

25 200 30 250 35 300 40 300 45 300 50 300 55 350 Notes: (1) Requirements for the length of right and left turn lanes, as shown in table 11.4-4 and table 11.4-6, may increase the minimum allowable spacing shown in table 11.4-9.

Rebuilt from the published figure · verify at source ↗Copy image

If the city roadway involved is a divided facility and the driveways do not align with a median crossover, the driveway spacing would only apply to the adjacent driveway located on the same side of the roadway as shown above in figure 11.4-5.

Meeting the spacing criteria is not, in itself an indication that driveways will be allowed.

Sec. 113-125. General layout requirements.

Refer to subsection 113-126(1) for additional information on required pavement widths for alleys.

Sec. 113-126. Minimum right-of-way and street improvements.

Table 11.6-1 Minimum Right-of-Way Per Street Classification Street Classification Minimum Right-ofWay (Ft)

Principal arterial 150 Minor arterial 80 Collector 60 Nonresidential local 60 Local (Residential subdivision)

50 Alley 20 Cul-de-sac 60 As Measured from Centerline (Ft)

75 40 30 30 10 N/A

Table 11.6-2 Minimum Pavement Widths Street Classification Principal and minor arterial Collector Local (nonresidential) Local (residential) Nonresidential local Alley Notes:

Minimum Lane Width (Ft)(1), (2) 12 12 12 10 12 16 (3)

[g.] Right-of-way setback adjacent to residentially zoned property. The right-of-way for new public streets or the easement/common area for new private streets must be located a minimum of 50 feet from any peripheral property line adjoining residentially zoned property unless inter-parcel access is required. This setback shall comply with the provisions of subsection 113-125(7) for reserve strips.

[h.] Minimum right-of-way miters. Miters shall comply with the following minimum standards, the miter distances shall be measured along the right-of-way from the point of intersection of the two rights-of-way if they were extended:

Sec. 113-127. Roadway design.

Minimum grades of less than 1.5 percent on a local street may be approved by the department, based on adequate engineering designs, where at least 1.5 percent cannot reasonably be achieved due to topographical limitations imposed by the land. In such cases, a record drawing and such computations as necessary shall be provided after construction to establish that the street will drain in accordance with these regulations. Street sections where unacceptable pooling, excessive spread at catch basins, or other hazardous conditions occur shall be reconstructed or otherwise improved to eliminate such conditions.

Table 11.7-1 Minimum Design Speeds and Maximum Grades Street Classification Principal arterial Minor arterial Collector Nonresidential local Residential local Maximum Grade (1)

6% 10% 12% 12% 14% (3)

Minimum Design Speed (MPH)

Table 11.7-2 Constant (K) Values for Vertical Curves Street Crest Curves SAG Curves Classification Principal arterial 151 136 Minor arterial 44 64 Collector and nonresiden-19 37 tial local Local residential 12 26

Table 11.7-3 Horizontal Curves Street Classification Minimum Radius (Ft)

Maximum Superelevation Principal arterial Minor arterial Collector Nonresidential local Local Notes:

1,333 560 300 150 120 0.06 0.04 0.04 (1) Normal Crown Normal Crown

R = minimum radius curve v = vehicle design speed (MPH) e = rate of super-elevation (decimal of a foot rise per foot roadway) f = side friction factor Vehicle design 30 40 50 60 speed (v)

Side friction factor (f)

0.16 0.15 0.14 0.12

Table 11.7-4 Tangents Street Classification Principal arterial Minor arterials Collector Nonresidential local Local Minimum Tangent Length (Ft) 150 100 75 75 50

The following table provides the clear zone distances as contained in the roadside design guide. Driveways must be designed so that all areas within the roadway right-of-way have clear zones as defined in the following table.

Design Speed (MPH) 40 or Less 45-50 55 60 Table 11.7-5 Clear Zone Distance (Distances are Measured in Feet) (From AASHTO 2002 Roadside Design Guide )

Design ADT Fill Slopes 6:1 or Flatter 5:1 to 4:1 3:1 Under 750 750-1500 1500-6000 Over 6000 Under 750 750-1500 1500-6000 Over 6000 Under 750 750-1500 1500-6000 Over 6000 Under 750 750-1500 7-10 10-12 12-14 14-16 10-12 12-14 16-18 18-20 12-14 16-18 20-22 22-24 16-18 20-24 7-10 ** 12-14 ** 14-16 ** 16-18 ** 12-14 ** 16-20 ** 20-26 ** 24-28 ** 14-18 ** 20-24 ** 24-30 ** 26-32* ** 20-24 ** 26-32* ** 3:1 7-10 10-12 12-14 14-16 8-10 10-12 12-14 14-16 8-10 10-12 14-16 16-18 10-12 12-14 Cut Slopes 5:1 to 4:1 7-10 10-12 12-14 14-16 8-10 12-14 14-16 18-20 10-12 14-16 16-18 20-22 12-14 16-18 6:1 or Flatter 7-10 10-12 12-14 14-16 10-12 14-16 16-18 20-22 10-12 16-18 20-22 22-24 14-16 20-22 65-70 1500-6000 Over 6000 Under 750 750-1500 1500-6000 Over 6000 26-30 32-40* ** 14-18 18-22 24-26 30-32* 36-44* ** 20-22 24-26 26-28 18-20 20-26 ** 10-12 14-16 14-16 24-26 28-36* ** 12-16 18-20 20-22 28-32* 34-42* ** 16-20 22-24 26-28 30-34* 38-46* ** 22-24 26-30 28-30 Notes:

All areas located within the clear zones should remain clear of obstructions such as bridge abutments, poles, trees, etc. If obstructions are unavoidable, the design should include appropriate protection such as break-away design, guardrail installation, safety end treatments on culverts, etc. The roadway design guide includes a table for horizontal curve adjustments, where the clear zone correction factor is applied to the outside of curves only. Curves flatter than a 2,860 foot radius do not require an adjusted clear zone.

Additional clearance may be required for obstructions over railroads, state or federal roadways or other transportation routes. (Ord. No. 2009-06-18, (11.7), 6-29-2009)

Sec. 113-128. Street intersections.

Table 11.8-1 Approach Distances at Major Intersections Approaching Street Minimum Approach Classification Tangent (1) (Ft)

Principal or minor arterial 100 Collector 75 Local (residential and nonresidential)

50 Notes:

Figure 11.8-1: Design Elements for Intersection Sight Distance

25 280 30 335 35 390 40 445 45 500 50 555 55 610 Notes:

Sight Distance (Ft) (1)

3 and 4 Lanes 5 and 6 Lanes SDL SDR SDL SDR n/a n/a n/a n/a 350 375 400 420 410 440 465 490 470 500 530 560 530 560 595 630 590 625 660 700 650 685 730 770

Sec. 113-129. Street construction.

Table 11.9-1 Minimum Construction Standards(1)

Street Classification Principal and minor arterials Collectors Nonresidential local Residential local and alleys Base Binder Topping 9.5 mmType II or 12.5 mm 12" GAB 6" (2)

1½"

12" GAB 6" (2)

1½"

8" GAB 3" 19mm 1½"

8" GAB 1½" 19 mm 1½"

Sec. 113-130. Curb and gutter.

Sec. 113-131. Sidewalks and multi-use trails.

Homebuilders shall install sidewalks/multi-use trails, and curb ramps not required to be installed by developers, on building lots prior to release of the certificate of occupancy for a home.

Sidewalks/multi-use trails shall be installed along the entire frontage of all abutting streets (abutting side) prior to the issuance of a certificate of occupancy or completion.

Where new sidewalks/multi-use trails tie in to existing sidewalks/multi-use trails of a different width or where the proposed sidewalk/multi-use trail must change width then the transition shall be made in a gradual manner at a rate of 5:1. Where this transition is made to tie in to an existing sidewalk/multi-use trail at a property boundary the full width sidewalk/multi-use trail shall extend along the entire length of the project site.

Sec. 1113-132. Mailboxes.

Sec. 113-133. Traffic control devices.

Stop signs should be installed in a manner that minimizes the numbers of vehicles having to stop. In most cases, the street carrying the lowest volume of traffic should be stopped. A stop sign should not be installed on the major street unless justified by a traffic engineering study as recommended by the MUTCD. If two streets with relatively equal volumes and/or characteristics intersect, typically the direction that conflicts the most with established pedestrian crossing activity or school walking routes or the direction that has the longest distance of uninterrupted flow approaching the intersection should be stopped.

No all-way stops may be installed in a new subdivision without the permission of the public works director.

The street name sign should be constructed on nine inch flat blades and not extruded blades. they will be mounted "flag style" using Tapco Jumbo brackets or equivalent. The street name sign shall be posted on the same post as the stop sign.

Table 11.13-1 Sign Information and Sizes Sign Stop (R1-1)

Yield (R1-2)

Speed limit (R2-1) Roundabout and simple alignment warning signs Stop ahead (W3-1a) and yield ahead (W32a) Playground ahead (W15-1) Street name (D3-1)

MUTCD Sections (2003 Ed.)

2B.04 to 2B.07 2B.08 to 2B.10 2B.13; 2B.18 Review section 2C 2C.29 2C.42 2D.38 Size 30" x 30" 36" x 36" x 36" 24" x 30" 30" x 30"

36" x 36"

30" x 30" Varies

Pavement markings are required to separate lanes of travel and should be used along all edges of pavement. The following guidelines are provided for designing and installing pavement markings for driveways:

Sec. 113-134. Street lights.

Street lights shall be provided by the developer in all new subdivisions which propose the construction of a new street to be dedicated to the city or which propose lot access to existing city streets.

In order to provide a uniform lighting standard the following bulb and fixture types shall be used for providing street and pedestrian lighting within the city:

Two-lane residential roads: 150 Watt high pressure sodium cobra head fixture.

Two-lane collector roads and residential areas with safety and/or visibility issues: 250 watt high pressure sodium cobra head fixture.

Roads with more than two-lanes: 400 watt high pressure sodium flood way fixture.

Pedestrian lighting 175 watt high pressure sodium bulb (Standard Overlay).

Alternate bulbs types may be used if approved by the public works director.

Mounting height Type III long 29 feet (1)

Type III 16 feet

Secs. 113-135—113-140. Reserved.

Sec. 113-141. Placement of utilities.

Sec. 113-142. Underground utilities.

Sec. 113-143. Water system and fire hydrants.

Table 12.3-1 Acceptable Fire Hydrant Models Manufacturer American AVK Mueller Kennedy M&H Clow American-Darling U.S.

Model 2700 and 2780 Centurion and Improved K81-A 129 and 929 Medallion B-62B M-94

Sec. 113-144. Sanitary sewer disposal.

Sec. 113-145. Separation of water and sanitary sewer lines.

There shall be no physical connection between a drinking water supply line and a sewer or appurtenance.

Sec. 113-146. Easements.

The following applies only to easements which have been expressly dedicated to and accepted by to the city.

Sec. 113-147. Street cuts.

In trenching across the road, no more than one-half of the traveled way is to be closed to traffic at one time.

Definitions and considerations. In trenched construction, bedding is the subgrade soil and its surface, as prepared to support the pipe. Backfill is the material refilling the rest of the level of top of pipe, and of overfill above that level. The latter may include restoration of surface soils or roadway materials. From the highway viewpoint, the essential features for trench and backfill construction are:

Controls for trenched construction. Trenched construction, bedding, and backfill normally will be adequately controlled by the applicant conforming to the GDOT standard specifications for earth work and culverts as well as standards and details. Specific controls follow:

Overfill shall be layered and consolidated to match the compaction. The top 12 inches shall be compacted to 100 percent of specified density. Consolidation by saturation or ponding will not be permitted. Use 57 stone material or another GDOT type II material that is approved by the director in wet trenches, these materials shall be compacted like above stated backfill to a satisfactory uniform density as directed by the director.

Once the pavement is cut, it is most difficult to reconstruct to obtain the structural strength and surface quality the road and pavement had prior to cutting. For trenches over four feet wide, the subbase, base and paving shall be replaced in kind using construction procedures in accordance with the current GDOT standard specifications. For trenches up to four feet wide, the subbase, base and paving shall be replaced in kind using construction procedures in accordance with GDOT standard number 1401; except class A GDOT concrete will be used in place of class B or soil cement base and 9.5mm or 12.5mm superpave asphalt will be used or as determined by the director. Utility cuts in Portland cement concrete pavement are discouraged by the department. Pavement cuts, when allowed will require complete or partial slab replacement. The director will determine the extent of slab replacement on a case by case basis if an open cut is allowed. Procedures for slab removal and replacement will use construction procedures in accordance with the current GDOT standard specifications and standard number 1401, also including but not limited to surface tolerance requirements set forth in the current GDOT standard specifications.

Any pavement cuts that are not perpendicular to the roadway's horizontal alignment for asphalt highways shall require the entire width of the roadway to be resurfaced with a minimum of two inches of asphalt that is the same material as the existing surface or as determined by the director in addition to the requirements stated hereinbefore. Any pavement cuts that are not perpendicular to the roadway's horizontal alignment for Portland cement concrete pavement shall be in accordance with the current GDOT standard specifications and standard number 1401. Any manhole or valve shall have a square concrete pad placed around the facility if the facility is located in the traveled way as determined by the director and to the satisfaction of the director.

Secs. 113-148—113-160. Reserved.

Sec. 113-161. Erosion control.

Sec. 113-162. Earthwork.

[i.] All slopes steeper than 2.5:1 and greater than ten feet in height shall be hydro-seeded and covered with GDOT approved matting and blankets. All slopes must be protected until a permanent vegetative stand is established.

[j.] Slopes over 20 feet in height shall be stabilized in stages by matting and vegetation. Stabilization measures shall be placed in vertical increments not to exceed 20 feet immediately at the completion of each 20 foot lift. A minimum of a four-foot bench every 20 feet is required on 2:1 slopes.

Sec. 113-163. Retaining walls.

The following criteria (contained on indemnification/certification agreements) pertain to all walls unless specifically allowed under variance or modification and permission from the appropriate governing authority:

Where the walls are located within a fenced stormwater facility no handrails shall be required along the top of the wall.

Where no fencing of the facility has been required and the wall exceeds four feet in height (as measured from top of wall to normal water level or pond bottom for dry facilities), a handrail or other suitable barrier, approved by the director, shall be provided along the top of the wall. The director may require handrails, or other suitable barriers, for wall heights of less than four feet where, in the opinion of the director, conditions exist that pose a safety hazard. (Ord. No. 2009-06-18, (13.3), 6-29-2009)

Sec. 113-164. Drainage systems.

Table 13.4-1 Required Storm Events for Culvert Design Street Classification Arterial/ major collector Minor collector/local* Dead end/alleys* Storm Event (Recurrence Interval)

100-year 50 year 25 year

In all live stream pipe installations, areas of low bearing capacity, solid or non-uniform foundations, where rock is encountered at the foundation level, or in other locations where conditions warrant, a minimum of six inches of crushed stone bedding is required (maximum size of stone is three inches). Geogrids or geotextiles may also be required by the department in problem areas.

When concrete pipe is used all bedding material shall be suitably excavated to allow for the bell and uniformly support the pipe.

Bridge piling shall be driven to state highway load standards for loading. Certification of pile load shall be by registered professional engineer. (Ord. No. 2009-06-18, (13.4), 6-29-2009)

Sec. 113-165. Pipe collection systems.

Table 13.5-1 Maximum Continuous Pipe Length Pipe Diameter (inches) 18 24-60 Larger than 60 Maximum Continuous Length (feet) 300 400 500

Sec. 113-166. Stormwater management.

Existing conditions flow shall be defined as the flow discharged from a site based on site conditions at the time the development permit is applied for. The existing conditions used to establish the flow rates and velocities shall include all on-site lakes, ponds, or detention facilities. Existing conditions flows shall be determined by routing the flows through these stormwater facilities.

Natural conditions flow shall be defined as the flow discharged from a totally forested site in good condition with a curve number of 55.

Development ratio shall be defined as the percentage of the site area to be developed divided by the total site area.

If it is determined by the director that the existing conditions downstream of the project site warrant further protection, the director shall require the existing conditions analysis to assume that the site is in totally forested and good condition with a curve number of 55.

The intent of these regulations is to ensure that the extent of the facility is defined to allow flooding, access and maintenance. Granting of a modification will not nullify these regulations when the facility is a wet pond or lake, the area within the maximum design ponding limits is reduced to a few feet inside the normal pool elevation, and easements are provided on the perimeter properties to allow for flooding, access and maintenance around the lake. In addition, granting of the modification shall only be considered when the wet pond is an amenity and under no circumstances shall the dam and outlet structure lie on private property that is not in some form of common ownership.

Based on the actual parameters established on the as-built drawing, an addendum to the stormwater management report shall be prepared which demonstrates that the facility, as constructed, complies with the requirements of these regulations. The amended or as-built stormwater management report shall be certified by the authorized registered professional. Any deviations from the original design shall be clearly noted as well as any impact, if any, these deficiencies may have on the operational characteristics of the facility The survey shall be performed after substantial completion and stabilization of the project has occurred. The as-built drawing and addendum to the stormwater management report shall be submitted to the city at least one week prior to the issuance of a certificate of occupancy or final plat approval (as appropriate to the project).

The as-built drawing shall show the following information. Where elevations or dimensions are shown on the as-built, the original design data should be shown and struck-through with the actual as-built data indicated next to that:

This information shall be provided in the form of plans, profiles, details, sections and plats and when possible provided to the city in an electronic format compatible with the city database.

Sec. 113-167. Dams.

Dams that are located on a project site for which a development permit is being requested shall be brought up to the minimum design standards contained in these regulations regardless of whether any modifications are proposed to the dam or appurtenant structures. If the dam and structures are not wholly contained within the project boundaries the director may waive any or all of these requirements when satisfied that all reasonable efforts have been unsuccessful to obtain the approval from adjacent land owners for any work necessary to comply with these regulations.

The director has the authority to order the immediate and complete draining of the lake in whatever manner deemed necessary at the time and to require the owner to keep the pool down until remedial work, as is deemed most appropriate to create a safe dam condition, is completed and approved by the director.

These dams are generally defined as any artificial barrier which impounds or diverts water and either of the following is true:

The barrier is more than 25 feet in height as measured from the natural bed of the stream or watercourse at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if the barrier is not across a stream channel or watercourse to the maximum water storage elevation; or It has an impounding capacity of 100 acre-feet or more.

Any dam that meets the height thresholds of this section and which does not meet the design standards contained in the rules for dam safety shall meet the following minimum standards:

corrugated metal pipe is not permitted for standpipes.

Additional freeboard above the nominal three-feet required if supported by fetch calculations.

Secs. 113-168—113-190. Reserved.

ARTICLE XIV. STORMWATER UTILITY*

Sec. 113-191. Short title, authority and applicability.

corporate boundaries of the City of Johns Creek (hereinafter "the city" or "Johns Creek") and to collect fees for provision of those services. (Ord. No. 2021-06-18, § 1(Exh. A, § 1.01), 6-212021)

Sec. 113-192. Findings.

The mayor and city council of Johns Creek, Georgia make the following findings:

Sec. 113-193. Definitions.

The following definitions shall apply to this article. Any word or phrase not defined below but otherwise defined in this Code shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context clearly requires otherwise.

Act shall mean and refer to the Clean Water Act codified at 33 U.S.C. § 1251, et seq., and the rules and regulations promulgated by the United States Environmental Protection Agency pursuant thereto.

Credit shall mean a conditional reduction allowed against the stormwater user fee charged to an individual parcel based upon the technical requirements and the design and performance standards contained in the stormwater utility credits manual or other credits manual as may be adopted by the city, and as may be updated or amended from time to time.

City standards shall mean the city ordinances that govern water quality and water quantity including but not limited to the development regulations, post development stormwater management ordinance, floodplain management ordinance, soil erosion, sedimentation and pollution control ordinance, illicit discharges and illegal connections to storm sewer ordinance, stream buffer protection ordinance, zoning ordinance, the stormwater design manual, and all procedures, rules and policies pertaining thereto as these may be updated or amended from time to time.

Customers shall include all persons, parcels, and entities served by the stormwater utility's acquisition, management, maintenance, extension, and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities, and activities related thereto, and persons, parcels, and entities which will ultimately be served or benefited as a result of the stormwater management program.

Direct lien shall mean a lien enforced against an individual or parcel prior to obtaining a judgment against the individual or parcel, such as liens established by operation of law for unpaid taxes.

Director shall mean the director of public works or his/her designee.

Hydrologic response defines the manner and means whereby stormwater runoff collects, remains, diverts, infiltrates, and is conveyed from a property. Hydrologic response is dependent on several factors including, but not limited to, the amount of pervious and impervious surface, the parcel's size, the parcel's shape, the parcel's topography, the parcel's vegetative canopy, the parcel's groundwater characteristics, the parcel's on-site operations, the parcel's stormwater controls, the parcel's antecedent moisture as well as the parcel's geologic and hydro-geologic characteristics.

Impervious surfaces shall mean any paved, hardened or structural surfaces, including but not limited to, buildings, decks, driveways, parking areas, patios, streets, swimming pools, tennis courts, walkways or other structures and/or improvements on a property, which prevent or impede the infiltration of rainfall and stormwater into the soil.

Parcel shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Partial impervious surface shall mean those areas which allow for limited infiltration of rainfall and surface water runoff into the soil in the manner that is more similar to natural conditions than "impervious surface" as defined above. Partial impervious surfaces influence and affect stormwater runoff such that the runoff is collected, concentrated and/or flows in a manner that is materially different from what would occur if the land were in an unaltered natural condition. Common partial impervious surfaces include, but are not limited to, compacted gravel and/or compacted soils.

Private stormwater management systems and facilities shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, headwalls, storm drains, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence the movement of stormwater runoff or water quality, which are not public.

Public stormwater management systems and facilities (or Johns Creek's Municipal Separate Storm Sewer System or MS4) shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, headwalls, storm drains, public streets, curbs and gutters, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence either the movement of stormwater runoff or water quality, which are either owned by the city or over which the city has accepted an offer of dedication of a stormwater utility easement or other legally binding permanent right of use for stormwater drainage, and for which the city has the obligation of maintenance for stormwater drainage purposes.

Runoff area shall be the weighted calculation of five percent times the pervious area of a parcel added to 95 percent times the impervious area of a parcel. This area in square feet shall be the total calculated area contributing to the stormwater runoff from a parcel.

Stormwater management services may address the quality and the quantity of stormwater runoff and include all services provided by the city which relate to the:

Stormwater user fee charge shall mean the periodic service charge imposed by the city to a parcel of land pursuant to this article for providing the stormwater management services and stormwater management systems and facilities, which fees shall be used only for the purpose of funding the Johns Creek Stormwater Utility's cost of providing stormwater management services and stormwater management systems and facilities. Stormwater user fee charges shall be based on the relative contribution of each parcel to the demand for stormwater management services, shall be structured so as to be fair and reasonable and shall bear a substantial relationship to the cost of providing stormwater management services and stormwater management systems and facilities. The cost of operating expenses, capital investments and reserve accounts may be included in the stormwater user fee charges.

Stormwater utility shall mean the city stormwater utility as established in section 113-194 of this article.

Stormwater Utility easement shall be an easement dedicated to the city giving the City of Johns Creek Stormwater Utility the legally binding permanent right to use the easement for stormwater drainage. This right shall include inspection, maintenance and/ or construction of a stormwater management system or facilities located within the easement. (Ord. No. 2021-06-18, § 1(Exh. A, § 1.03), 6-212021)

Sec. 113-194. Stormwater utility and enterprise fund established.

Sec. 113-195. Stormwater utility service area.

There shall be one stormwater utility service area in the city which shall encompass the municipal boundaries of Johns Creek. The city has established that all parcels within the municipal boundaries receive stormwater management program services from the city. Properties within the defined service area will receive a stormwater user fee charge bill because they contribute stormwater runoff to the public drainage system, are directly or indirectly connected to the city's drainage system, and/or receive stormwater management services from the city to varying degrees. (Ord. No. 2021-06-18, § 1(Exh. A, § 1.05), 6-212021)

Sec. 113-196. Scope of responsibility for the stormwater utility.

Sec. 113-197. Rates of stormwater user fee charges to be established.

Sec. 113-198. Effective date of stormwater user fee charges.

The stormwater utility user fee charges shall accrue beginning July 1, 2021 in an amount to be established by resolution of the mayor and city council, as may be amended from time to time, and shall thereafter be billed periodically. (Ord. No. 2021-06-18, § 1(Exh. A, § 1.08), 6-212021)

Sec. 113-199. Stormwater user fee charge exemptions.

Sec. 113-200. Credits.

Owners of land may apply for and receive a stormwater user fee credit for designated on-site stormwater management systems/facilities and for other approved activities that reduce the city's cost to provide stormwater management services to the customer. The director or his/her designee shall determine such stormwater user fee credits based on the technical requirements, design and performance standards contained in the city's stormwater utility credits manual, to be adopted by the mayor and city council pursuant to this article, as it may be updated or amended from time to time. (Ord. No. 2021-06-18, § 1(Exh. A, § 1.10), 6-212021)

Sec. 113-201. Stormwater user fee charge, billing, delinquencies and collections.

Sec. 113-202. Stormwater utility inspections and enforcement.

2021)

Sec. 113-203. Stormwater user fee adjustments.

Sec. 113-204. Appeals.