Title 3 — Development Regulations, Chapter 550 — Street Light Districts.

creation of street light districts or street lighting hereafter created, or as provided for in Section 550-10.01, shall be a service and not a tax, Georgia Constitution Article IX, § II, ¶ II (formerly Ga. Const. art. IX, § IV, ¶ II). A street light district special revenue fund shall be created. Revenues from the street light district programs will be deposited into such special revenue fund. Such revenues shall be used exclusively for any direct and indirect costs and expenses related to the county's street light district program or any special projects related to installation of streetlights.

and in street light districts hereafter created shall be borne by those citizens and residents receiving the service, and that the charge therefor shall be the actual cost of the energy plus the pro rata share of the retirement of any construction costs plus ten percent for administrative costs. Paulding County may adjust the monthly rate charged to homeowners if the energy rate billed by the electric company changes or if additional maintenance is needed. In those districts now in existence or which may hereafter be retired as per agreement or contract with the public utility or other person to whom the indebtedness is owed and shall be billed accordingly per "lot."

Section 550-40. “Lot” Defined.

of the zoning classifications as defined by the zoning and planning ordinance of the county; provided, however, that in areas zoned for purposes other than single-family residential, different criteria may be adopted by the board of commissioners for the payment of energy cost and retirement of construction cost.

shall be the same date of each month as water bills are due to Paulding County Water System and subject to the same penalties for late payment and for failure to pay. Any service provided by the County or the Paulding County Water System may be discontinued for late payment or nonpayment as provided for in this Chapter.

Private Developments will coordinate with the power company, and payment for services will be billed directly to the developer or Home Owners Association.

Monies.

this Chapter is hereby declared to be the responsibility of the Paulding County Water System, unless a private development which will be billed directly by the utility company.

street light services shall be required to conform to all of the standards provided for in this article prior to the county accepting any public streets or roads; and the county shall not accept any public streets or roads proposed to be dedicated until such time as the provisions, hereof, have been complied with. A final plat shall not be issued until the developer has submitted to PCDOT proof of payment for all materials and installation of the street lights, a copy of the street light layout as proposed by the electric company, and a payment equal to the energy cost of all installed street lights for a period of 12 months plus a ten percent administrative fee. The county has the right to adjust these terms based on economic factors and the best interest of the county, etc.

residential shall be provided costs and monthly billing, per parcel or business, associated for lighting and maintenance within these districts shall be established on a case-by-case basis by the county. The cost will be based on the number of lights required to serve one side of the street serving the property. If the property is bisected by the street, the cost to provide lighting for both sides of the street will apply.

and security, it is hereby ordained that the American Association of State Highway and Transportation Officials (AASHTO) Roadway Lighting Design Guide most current edition (2018) as may be amended, is hereby adopted as the standard for installation and operation of lighting in the unincorporated areas of the county with the following exception:

The board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from.

and development department (county Department of Transportation?); the petition shall contain signatures of at least 75 percent of the lot owners, and the Board of Commissioners shall conduct a public hearing for the purpose of determining whether or not to create a street light district. Safety and economic factors shall be the prime consideration in making such a determination. Unless 100 percent of the lot owners have signed such petition, the petition shall be advertised in the official organ of the county one time at least ten days before the public hearing. The owner, developer, or other person developing a subdivision shall be required to provide street lights which conform to all of the standards provided for in this Chapter.

and other factors may be involved, the Board of Commissioners may create special street lighting districts and provide for special street lighting under such terms and conditions as may be determined by the Board of Commissioners, and other provisions of this article to the contrary, notwithstanding; provided, however, that in such instances, a public hearing shall be held by the Board of Commissioners after advertisement in the official organ of the county one time at least ten days before conducting such public hearing.

carrying out the terms of this Chapter.

Chapter where a special condition or hardship exists.

any rule, regulation or order of any state or federal agency, having jurisdiction of the subject matter of this Chapter, it is hereby deemed to be the intention of the Board of Commissioners that the state or federal law or rule, regulation or order, as the case may be, shall prevail so that the remaining portion of this Chapter shall be deemed to be in full force and effect.

Coordinator or of the County shall have the right to appeal from such decision to the Board of Commissioners within 30 days from the date of such decision or action.

Commissioners, and the Utilities Coordinator is hereby required to post a copy of this Chapter in the office of the Utilities Coordinator and to provide copies thereof for persons desiring copies of this article.

subdivisions. At the time of and as a requirement of the submission of a final plat for a development with public streets, the developer shall:

In subdivisions utilizing underground cable for electrical service, the developers shall be required to accomplish the same items listed in the preceding section hereof.

Developments located on existing public streets and which do not require street lights as a result of the Paulding County Zoning Ordinance or related stipulations, may be except from the mandatory street light requirements if the department of transportation director deems it is in the best interests of the county.

subdivisions. At the time of and as a requirement of the submission of a final plat for a development with private streets, the developer shall:

In subdivisions utilizing underground cable for electrical service, the developers shall be required to accomplish the same items listed in the preceding section hereof.

Developments located on existing public streets and which do not require street lights as a result of the Paulding County Zoning Ordinance or related stipulations, may be except from the mandatory street light requirements if the department of transportation director deems it is in the best interests of the county.

Street lights in new subdivisions shall be activated upon installation. If the subdivision is divided into units or phases, each unit or phase will be treated independently.

shall be required to accomplish the same items listed in the preceding section hereof.

lights as a result of the Paulding County Zoning Ordinance ore related stipulations, may be exempt from the mandatory street light requirements if the Department of Transportation Director deems it is in the best interest of the County.

Utilities Coordinator or from the regulations and ordinances contained within this Chapter shall be submitted to the Paulding County Development Waiver Review Committee, subject to the process established for waivers and appeals as set forth in Chapter 120-20.01 of the UDO. All appeals from this Chapter will be processed in the same manner as appeals of Title 3: Development Standards and are subject to the same fee schedule and regulations established for such appeals in the Paulding County Development Regulations.

recommendation of the Finance Director and Utility Coordinator so long as the streetlight district revenue fund is sufficient to cover expenses. The type of exceptions generally involve providing energy and/or infrastructure for street light service within incomplete or stalled developments, or resolve nonconforming or unforeseen situations causing a delay in activation of street light service.