Chapter 2-13 RIGHTS OF WAY Art. I Art. II Art. III Art. IV Art. V

Street Improvement, Sections 2-13-1 - 2-13-20 Use of Public Rights-of-way, Sections 2-13-21 - 2-13-42 Road Abandonment, Sections 2-13-43 - 2-13-54 Sidewalks, Sections 2-13-55 - 2-13-59 Enforcement of Handicap Parking, Section 2-13-60 ARTICLE I. STREET IMPROVEMENT ORDINANCE (Ordinance of 6-6-85; Amended 7-1-85, 11-7-85, 4-7-88, 5-2-96, 12-5-96)

2-13-1

Short Title. This Ordinance shall be known and may be cited as "The Glynn County Street Improvement Ordinance."

2-13-2

Declaration of Purpose. The purpose and objective of this Ordinance shall be to meet the needs and requirements of the citizens of Glynn County for improved streets and at the same time reduce the cost of maintaining unpaved streets and roads in the unincorporated area of Glynn County excluding Jekyll Island State Park. It is not the purpose of this Ordinance to assist person or persons desiring to develop real property into subdivisions.

2-13-3

Authority. This ordinance is adopted pursuant to Georgia Laws of 1929, p. 137 and Article 9, Section 2, Paragraphs 3 and 4 of the Constitution of the State of Georgia.

2-13-4

Definitions. As used in this Ordinance, the term: 1)

"Board" means the Board of Commissioners of Glynn County, a political subdivision of the State of Georgia.

2)

"County Administrator" means the County Administrator of Glynn County, Georgia

3)

"Finance Director" means the Finance Director of Glynn County.

4)

"Frontage" means that side or limit of the lot or parcel of land in question which on a street to be improved.

5)

"Improve" and "Improvement" includes the grading, macadamizing

6)

"Pave" includes storm drainage, macadamizing and grading.

7)

"Streets" means streets, avenues, sidewalks and other public places or ways under the jurisdiction of the Board.

8)

"County Engineer" means County Engineer of Glynn County.

For the purpose of this Ordinance, the definitions set out in Section 501 of the Glynn County Subdivision Regulations, defining the various types of streets are by reference thereto incorporated in this Ordinance. Section 501 of Glynn County Subdivision Regulations shall be treated as an addendum to this Ordinance. 2-13-5

Procedure. (a)

Whenever the Board deems it necessary to improve any street or part thereof in the unincorporated area of Glynn County (excluding Jekyll Island Park), either in length or width, it shall by resolution, declare such improvement necessary and shall publish such resolution once a week for at least two consecutive weeks in The Brunswick News. If the owners of a majority of the lineal feet of frontage of land abutting on the proposed improvement within 30 days after the last date of the publication of the resolution, do not file with the County Administrator their protest in writing against the improvement, the Board shall have power to cause the improvement to be made, to contract therefor, and to make assessments and fix liens as provided for in this Ordinance. Any number of streets or any part or parts thereof may be included in one resolution. Any protest or objection shall be made as to each street separately.

(b)

If the owners of sixty (60%) of the lineal feet of frontage of the land liable to assessment for the Improvement, petition the Board for an Improvement, citing this Ordinance, and designating by general description the Improvement to be undertaken and the street or streets are part thereof to be improved; it shall be the duty of the Board to proceed, as provided in this Ordinance, to cause such improvements to be scheduled for the required work in accordance with the prayers of the petition and in accordance with their own best judgment as to when the scheduled work can be performed. In such case the resolution mentioned in Subsection 2-13-5(a) shall

not be required. The petition shall be filed with the County Administrator, who shall investigate the sufficiency thereof, submit the petition to the Board together with the results of his investigation for its action. (c)

2-13-6

The procedure set forth in this Section 2-13-5(a) and (b) shall be applicable only to "Subcollector Streets" and "Minor Streets", as defined in the addendum to this Ordinance. Basis of Assessment.

(a)

Each lot or parcel of land abutting upon the improvement shall be charged on a basis of lineal foot frontage at an equal rate per foot of such frontage with its just pro rate share of the entire cost of the improvement; provided, however, that the cost of the sidewalks, curbs, and gutters shall be charged entirely to the lots or parcels of land abutting on that side of the street upon which the same are constructed.

(b)

All cost and expenses of making water, gas or sewer pipe connections shall be taxed solely against the property abutting on the improvement, but such cost and expense shall be included and made a part of the general assessment to cover the cost of the improvement.

(c)

The basis of assessment set out in this section, shall be applicable only to "Subcollector Streets" and "Minor Streets", as defined in the addendum to this Ordinance.

2-13-7

Procedure Applicable to Major Arterial Streets, Minor Arterial Streets and Collector Streets: (a)

Pursuant to Article 9, Section 2, Paragraph 6 of the Constitution of the State of Georgia (1983), the Board of Commissioners, by resolution, may create a special district for the purpose of improving Major Arterial Streets, Minor Arterial Streets and Collector Streets.

(b)

The resolution may provide for county participation in such project, including the use of county material and work forces.

(c)

The adopting resolution for the particular street project shall determine and fix reasonable charges and fees for the improving of such street, including what portion of the total cost, not to exceed thirty (30%) percent, shall be paid by Glynn County. The resolution shall set forth the basis of how the charges or fees will be assessed against individual property owners who are to be served by the

proposed street improvement. The charges or fees shall be assessed on a basis which is fair and in a non-discriminatory manner. In establishing the fees or charges, the Board of Commissioners shall take into consideration the following factors: 1. 2.

d.

2-13-8

Number of developable acres owned by the particular property owner(s); The type of land to be served by the proposed street improvement;

3.

The intended use of each tract of land to be served by the street improvement;

4.

Such other factors as the Board of Commissioners deem relevant in the exercise of its legislative discretion.

The adopting resolution may provide that the cost of such project will be assessed against the owners of property served by such road improvement project in the form of ad valorem taxation. If the cost of the project is to be funded by ad valorem taxes, by the creation of a special tax district, the resolution shall include the following information: 1.

Geographical boundaries of the special tax district; and

2.

The millage rate to be levied and the period of time during which such levy of ad valorem taxes shall apply.

Adoption of Resolution. After the expiration of the time for objection or protest on the part of the property owner, if not sufficient protest is filed, or on receipt of a petition for an improvement signed by the owners of sixty (60%) percent of the frontage of the land to be assessed, if the petition is found to be in proper form and properly executed, the Board shall adopt a resolution reciting that no protest has been filed, as the case may be, and expressing the determination of the Board to proceed with the improvement. The resolution shall state the kind of improvement, define the extent and character of the same, and specify such other matters as may be necessary to instruct the County Engineer in the performance of his duties in preparing for such improvement the necessary plans, plats, profiles, specifications and estimates. The resolution shall set forth any and all such reasonable terms and conditions as the Board deems proper to impose with reference to the scheduling of work, letting of the contract and the provisions thereof. The resolution shall direct the County Administrator, if County work forces are not to be used, to advertise for

sealed proposals for furnishing the materials and performing the work necessary in making such improvements. 2-13-9

Record of Cost of Improvements. The County Engineer shall maintain a record of all costs necessary to complete such improvements and shall notify the Finance Director of the amounts.

2-13-10

Notice to Owners of the Cost of the Improvements. The Finance Director shall mail to the owners of record of the property affected their pro rate share of the entire cost of the improvement to their last known address as shown on the Glynn County Board of Tax Assessors records.

2-13-11

Time and Manner of Payment of Assessments Generally. Assessments shall be payable to Glynn County in cash, by certified check or by bank check. If paid within sixty (60) days from the date of notification by the Finance Director, such assessment shall be without interest.

2-13-12

Payment of Installments. If the owner of land, within sixty (60) days from the date of notification by the Finance Director, files with the Finance Director his written request asking that the assessment be payable in installments in accordance with the provisions of this Ordinance, the same shall thereupon be and become payable in equal annual installments over such period of years, not less than two (2) nor more than five (5), as shall be fixed and prescribed by the Board. Such installments shall bear interest at the rate of First Atlanta's prime interest rate plus one percent. Each installment together with interest on the entire amount remaining unpaid, shall be payable each year at such time and place as shall be provided by a resolution of the Board.

2-13-13

Additional Assessment. If any assessment is found to be invalid or insufficient in whole or in part for any reason whatsoever, the Board may at any time, in the manner provided for the making of the original assessment, proceed to cause a new assessment to be made and fixed. The new assessment shall have the same force and effect as an original assessment.

2-13-14

Proportional Assessment.

When the Board has budgeted any portion of the cost of the improvement contemplated by a resolution authorizing an improvement, in addition to the amounts otherwise provided for, the amount to be paid by the Board shall be deducted on a pro rata basis from the amount assessed against the abutting property or the owner thereof. This section providing for contribution by the Board toward the cost of paving any street shall only apply to arterial streets and collector streets as defined in the Glynn County Subdivision Regulation as now or hereafter amended. 2-13-15

Notice of Due Date. It shall be the duty of the Finance Director of Glynn County, not less than 30 days and no more than 60 days before maturity of an installment of the assessments, to publish at least two times in the Brunswick News a notice advising the owner of the property affected by the assessment of the date when such installment and interest will be due, designating the street or streets for which such assessments have been levied and stating that, unless such installment and interest are properly paid, proceedings will be taken to collect the delinquent installment and the interest thereon. In lieu of the publication, the Finance Director may mail the notice within the time limits aforesaid to the owners of record of the property affected at their last known address as shown on the records of the Glynn County Board of Tax Assessors.

2-13-16

Lien of Assessment. The assessment and each installment thereof, along with the interest thereon and the expenses of collection, are declared to be a lien against the lots and tracts of land so assessed; from the date of the resolution levying the same, co-equal with the lien of ad valorem taxes and prior to and superior to all other liens against such lots or tracts. Such lien shall continue until the assessment and the interest thereon are fully paid and shall be enforced in the same manner as are liens for ad valorem taxes.

2-13-17

Execution, Levy and Sale. It shall be the duty of the Finance Director, within 30 days after the date of the maturity of any installment of assessment or interest, to issue an execution against the lot or tract of land assessed for the improvement or against the party or person owning the same for the amount of the assessment or interest. The Finance Director shall record the assessment on the general execution docket maintained by the Clerk of the Superior Court of Glynn County, Georgia. The Finance Director shall then turn over the executions to the Sheriff of Glynn County or his deputy, who shall levy the same upon the abutting real estate liable for the assessment and

previously assessed for the improvement. After advertisement and other proceedings, as in the case of sheriff sales for county ad valorem taxes, the real estate shall be sold at public outcry to the highest bidder for cash. Such sale shall vest title in the purchaser, subject to the lien of the remaining unpaid installments with interest and also subject to the right of redemption as provided in O.C.G.A. ' 48-4-3. 2-13-18

2-13-19

Use of Assessments and Docket. a)

The assessment provided for and levied under this Ordinance shall be payable as the several installments become due, together with interest thereon, and the Finance Director shall keep an accurate account of all such collections made by him. Such collections shall be kept in a special fund to be used and applied for the payment of the cost and expense of the Improvement.

b)

The Finance Director shall maintain a current docket in his office which shall list the name of property owners and the property and the amount assessed thereon for each improvement. This docket shall be referred to as the Street Improvement Docket and shall be available for inspection by the general public .

Severability. If any section or portion of this Ordinance is declared unconstitutional, the remaining portions or sections hereof shall not be affected thereby and the remaining provisions of the Ordinance shall not be invalidated but shall remain in full force and effect.

2-13-20

Repeal. All ordinance and parts of Ordinances in conflict herewith are repealed. ARTICLE II. USE OF PUBLIC RIGHTS-OF-WAY (Ordinance of 11-9-55; Amended 2-1-79, 5-3-79, 1-22-87, 3-17-88, 7-7-88, 6-1-89, 5-2-96, 3-21-02, 11/7/02)

2-13-21

Definitions. The following terms, when used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them: Beach Access: Shall mean a public, road, street or other way open or capable of being opened, for the public and intended or used for the enjoyment of the public and for the passage of vehicles or pedestrian to

and from the beaches adjacent to the Atlantic Ocean, whether improved or otherwise, including surfaces, shoulders and sides. County: County or any division, department, agency, authority, instrumentality, or branch thereof, or the board of commissioners of county, or other county officer having charge of the roads of the county. County Roads: The donation by the owner, either expressly or implied, and acceptance by the Glynn County Board of Commissioners for public road purposes, in accordance with the statutory or common law provision. Excavate or alter: The ditching, digging or penetrating in any way into the bed or surface of any public road as herein defined. Obstruct: The placing of a barrier upon any public road as herein defined or engaging in any work or activity which will interfere with the normal flow or passage of traffic upon the public road. Person: Any individual, partnership, corporation, association or private organization of any character. Private Road: A street, road, lane, way or thoroughfare which affords the principal means of access to abutting property and has not been formally dedicated to and is not maintained by Glynn County. Right-of-way: A general term denoting land, property or interest therein, usually but not required to be a strip, acquired for or devoted to a county road, sidewalk, curb, gutter, drainage inlet, manhole or water valve. 2-13-22

Authority and enactment. The Georgia Code of Public Transportation Act of 1973, O.C.G.A., Sec. 32-1-1 et seq. grants authority to the governing body of each county to regulate the county system. The Board of Commissioners, pursuant to the authority conferred above, does ordain and enact into law.

2-13-23

Jurisdiction and application. The jurisdiction of this shall apply to all roads, streets and highways in the unincorporated areas within the boundaries of county, and includes sidewalks, curbs, and gutters, drainage inlets, manholes, water valves, and survey benchmarks, except private roads and those roads, streets and highways which are part of the state highway system.

2-13-24

Permit; Unlawful Conduct. The following conduct is hereby declared by the Board of Commissioners to be unlawful and in violation of the Code of Ordinances: (a)

It shall be unlawful for any person, without a permit issued by Glynn County, to purposely or recklessly obstruct any public road, street, beach access, sidewalk or other public passage in such a way as to render it impassable to the public without unreasonable inconvenience or hazard when such person fails or refuses to remove the obstruction after receiving an official request from Glynn County or the order of a peace officer that he do so within a specified period of time.

(b)

It shall be unlawful for any person, or persons, to knowingly, intentionally and without authority, block or attempt to block, or cause to be blocked, prevent or attempt to prevent, or interfere or attempt to interfere with, any member or members of the public from gaining access to or egress from a public beach via any owned or dedicated, open or unopened, public street, public roadway, public alley or public easement by placing or causing to be placed thereon, or by maintaining or causing to be maintained thereon, any impediment, obstruction or deterrent of any kind or shape, natural or man-made, designed and intended to discourage or present public use of the same.

(c)

It shall be unlawful for any person, without a permit issued by Glynn County, to purposely or recklessly excavate or alter the surface, shoulders or sides of any public road, street, beach access, sidewalk or other public passage.

(d)

It shall be unlawful for any person to erect or cause to be erected within the right-of-way of any public road, street, beach access, sidewalk or public passage any sign, notice, warning or symbol designed or intended to discourage the use of such public passage by the public, except as provided for in Section 2-13-27 of this Ordinance.

(e)

It shall be unlawful for any person to camp overnight by any means within the right-of-way of any public road, street, beach access, sidewalk or public passage except in the designated campgrounds of Blythe Island Regional Park, Altamaha Park, or by specific permit granted by Glynn County.

(f)

It shall be unlawful for any person to perform work on the County right-of-way without an active Georgia Utility Protection Locate

Ticket Number, as applicable. This Locate Ticket Number must be available upon request from a County employee. (g)

It shall be unlawful for any person in possession of a current Glynn County Right-of-Way permit to perform work outside of the permitted area as stated on the permit. Work outside the permitted area may result in a stop work order issued by the County official during inspection and/or a citation issued by a County Code Enforcement Officer or Glynn County Police Officer, which citation is returnable to Magistrate Court.

(h)

It shall be unlawful for any person in possession of a current Glynn County right-of-way permit to perform work that is not in compliance with the approved Traffic Control Plan for said project. Failure to provide approved Traffic Controls shall result in a stop work order issued by a County official and/or a citation issued by a County Code Enforcement Officer or Glynn County Police Officer, which citation is returnable to Magistrate Court.

2-13-25

It shall be the continuing duty and obligation of Glynn County, through its agents and employees, whenever any such as is prohibited herein occurs, to enter upon any such public street, public roadway, public alley or public easement to effect compliance with the provisions of this Ordinance.

2-13-26

Application; site inspection; fee. (a) As a condition precedent to the granting of such permit, such applicant shall file an application in writing with the Public Works Director specifically describing the nature, extent, location and time of proposed obstruction, excavation or alteration and such other information as the County, through its designated official, may require.

2-13-27

(b)

An inspection of the location of work in the area where the permit is requested may be made by the County Public Works Director, or County Building Official, or their designees, prior to the issuance of a permit. There will be a minimum of three (3) inspections, including during the permitted work and after completion of the work.

(c)

An administrative inspection fee of one hundred dollars ($100.00) for each approved permit is payable at the Building Inspection Department. Expressly exempt from the $100.00 inspection fee are (i) utilities companies, and (ii) co-locate activities under the Utilities Facilities Protection Act, as amended from time to time.

Time for making application before work; repair standards.

2-13-28

(a)

Except in case of emergency, a permit application to excavate, obstruct or alter a public right-of-way, shall be made fifteen (15) days prior to the date the work is to commence. In the event a road is to have a lane of traffic blocked or is to be closed to traffic for excavation, a five (5) working day notice is required before work is to begin. The Glynn County Public Works Department will determine if a press release is necessary. The Glynn County Public Works Department shall receive from the permit holder a twenty-four (24) hour notice before work is to start. When emergency work is necessary, the Glynn County Public Works Department is to be notified immediately, including after normal working hours, weekends and holidays.

(b)

In the event of digging or penetrating in any way into the bed or surface of any public road, the repair of the road shall meet the following Typical Street Repair Detail requirements. A technical drawing showing proposed surface repair shall be submitted upon application. (1)

Existing road bed will be cut twelve (12) inches beyond the disturbed area on each side. Disturbed areas will be compacted as noted below.

(2)

Subgrade shall be placed in lifts not to exceed twelve (12) inches in thickness and compacted to one hundred percent (100%) standard proctor.

(3)

A base of ten (10) inches of lime rock compacted to one hundred percent (100%) standard proctor.

(4)

An asphaltic concrete “E” with tack applied is required. A surface course thickness shall be determined during the permit process.

(5)

Concrete materials shall not be used on asphalt roads.

(6)

All cable installations shall be twenty-four (24) inches below existing flow line of drainage ditch or piped drainage systems.

Requirements. It shall be unlawful for anyone to move a house, building or structure on the public roads located in the unincorporated area of Glynn County without first complying with the requirements of this Section and Section

621, House Moving Requirements, of the Zoning Ordinance of Glynn County, Georgia.

2-13-29

(a)

The application for a permit shall be accompanied by a copy of any permit required by the State of Georgia.

(b)

The buildings, houses, or structures shall be moved only during the period of time between 9:00 A.M. and 3:00 P.M., and then only during the period of Monday through Friday.

(c)

No building, house or structure shall be moved during inclement weather when visibility is poor. Glynn County reserves the right to halt such a move based on weather conditions at the time of the move.

(d)

The permit when issued shall contain at a minimum the following information: (i) proposed route to be used; (ii) anticipated dates of move; (iii) destination and (iv) times during which any and all public road will be obstructed. Permits shall be valid only for a period of ten (10) days subsequent to the date of issuance unless noted thereof. It shall be unlawful for the applicant to change the route shown on the permit without the prior written approval of the Glynn County Public Works Director.

(e)

All applicants shall be responsible for and shall notify all public utilities, the Glynn County Police Department and the Traffic Safety Division of the Public Works Department of the potential move at least three (3) days in advance of the move. The approval of the public utilities shall be furnished to the Building Official's Office at least three (3) days in advance of the anticipated moving date.

(f)

All buildings, houses or structures shall be escorted by vehicles equipped with flashing lights and other safety equipment required by the Department of Transportation, State of Georgia. One vehicle during the move shall be located to the front of the building, house or structure and the second vehicle shall be located to the rear thereof.

(g)

A copy of the Glynn County permit shall be posted in a conspicuous place on the property which is the destination of the move. The permit shall be placed on destination property five (5) days before the move.

Additional Requirements. (a)

The maximum height of a building, house or structure to be moved

shall not exceed eighteen (18) feet, as measured from the base of the structure. The maximum width of the structure to be moved shall not exceed sixteen (16) feet.

2-13-30

2-13-31

(b)

The building, house or structure to be moved when loaded shall not exceed the posted weight limit for any County road or bridge. It shall be the responsibility of the applicant to weigh the building or structure, together with moving the vehicle, and furnish such information to the County Public Works Director, prior to such building, house or structure is moved into any public right-of-way.

(c)

It shall be unlawful to cut any tree or limbs thereof prior to or during such move without the express written approval of the owner of property where the trees are located. Any tree or limb that is located on Glynn County right-of-way that needs to be cut or trimmed shall require written approval from the Glynn County Tree Board.

Qualifications. (a)

Only house movers licensed by the State of Georgia shall be permitted to move buildings, houses, or other structures exceeding (i) thirteen (13) feet in height, (ii) fourteen (14) feet in width or (iii) twenty-five (25) feet in length on any public road or right-of-way in the unincorporated area of Glynn County.

(b)

No permit shall be issued or continued in operation unless the applicant or holder shall give and maintain a bond, with adequate security, for the protection of the public and Glynn County against injury proximately caused by the negligence of the house movers, its servants, or its agents. The Board of Commissioners shall approve, determine and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person, including Glynn County, who shall sustain actionable injury or loss protected thereby.

(c)

The Board of Commissioners may, in its discretion, allow the holder of a permit to file in lieu of a bond, a policy of indemnity insurance by some indemnity insurance company authorized to do business in the State of Georgia. The Board of Commissioners may also, in the exercise of its discretion, permit self-insurance in lieu of a bond or policy of indemnity insurance wherever in its opinion the financial ability of the holder of the permit so warrants.

Waiver.

2-13-32

(a)

The Building Official, with the concurrence of the Board of Commissioners, may in the exercise of his discretion, waive the requirements of a permit, when the house mover has obtained a permit from the State of Georgia and when the proposed move of a particular building, house or structure will be primarily over public streets or roads which are part of the federal or state highway system designated by state or federal highway number. This exclusion shall not apply when the mileage of proposed route is more than twenty (20%) percent over roads owned and maintained by Glynn County. Although a house mover is not required under this Section to obtain a permit, the house mover shall still be required to comply with all requirements set forth in Section 2-1326(a) and Section 2-13-28(b), (e), and (f).

(b)

The requirements of this Ordinance dealing with height or width requirements may be waived by the Board of Commissioners, in exceptional circumstances, for buildings or houses which cannot be altered to meet the requirements of this Ordinance without causing substantial damage thereto or because the historical significance of the building may be destroyed.

(c)

In the event a permit is waived, the Board of Commissioners, in the exercise of its discretion, may place such conditions on the move as is necessary to protect the general public or as is necessary to reimburse Glynn County for any expenses incurred by it in supervising such move.

Moving of Buildings. (a)

(b)

Moving rates based on actual costs shall be as follows: (1)

Applicant to deposit $1,000.00 upon applying for Use of Public Right-of-Way permit.

(2)

Upon completion, the cost will be assessed by hourly rates and a minimum fixed sum of $250.00 for:

Building Inspection Department: Signs, advertisement, and placement - $250.00.

(c)

Glynn County Police Department: $18.23 per hour per employee with a two-hour minimum per employee.

(d)

Public Works Department: $25.00 per hour per employee with a two-hour minimum per employee. If a bucket truck is required, $65.00 per hour minimum with a two-hour minimum will be charged.

(e)

Overhead of fifteen percent (15%) applied to sum of charges.

This ordinance shall not apply to factory built housing as defined by the laws of the State of Georgia. 2-13-33

Same - Display. The permit issued pursuant to the provisions of this Ordinance, shall be available for inspection by County officials and prominently displayed at the site of any excavation, obstruction or alteration of a public road.

2-13-34

Bond or Security and Warranty for Surface Restoration - Required. At any time that applicant proposes to penetrate the paved surface of any public road and a portion thereof is to be removed, the application for a permit shall be accompanied by an indemnity bond, certified check or bonded contract, or other such instrument of assurance as may be approved by the County Public Works Director, and in such amount as the County Public Works Director may establish and which is available to the County to assure that the applicant or applicant's contractor, after the excavation or alteration is completed, will restore the paved road surface to the same condition as it previously existed, prior to such alteration or excavation. Applicant, contractor, property owner or utility owner agrees in written document to a one (1) year warranty for all road surfaces and shoulder work. The warranty begins at the time of release of bond or security. There will be no exemptions from the issue of a warranty.

2-13-35

Same - Conviction to Release. The indemnity bond or other security posted by the applicant shall not be released, until such time as the County Public Works Director certifies in writing that such restoration work has been fully completed by an applicant in accordance with the standards established by the County Public Works Director pursuant to the provisions of this Ordinance.

2-13-36

Insurance.

The County, as a condition to issuing a permit under the provisions of this Ordinance will require proof that applicant or applicant's contractor carries liability insurance to pay any damages to any member of the public caused by the work performed under the authority of said permit. 2-13-37

Standards. The policy and procedure for accommodations of utilities as adopted June 30, 1970 by the Georgia Department of Transportation, and Rules and Regulations for Driveway and Encroachment Control, effective February 17, 1977, including current revisions, as applicable and modified by the County Public Works Director shall govern all work or installations in, on along, over or under public roads of county. The interpretation of the requirements of these regulations shall be made by the Glynn County Public Works Director. Copies of the regulations, including all amendments and modifications, shall be on file in the Public Works Department and the Building Inspection Department.

2-13-38

Traffic Controls. All right-of-way permit applications submitted with work site conditions that involve or require road work or activity on the shoulder or within the roadway shall include a Traffic Control Plan specific to the actual work site with reference to roadways, streets, alleys, driveways and pedestrian traffic. The Traffic Control Plan shall include a detailed drawing noting locations of signs, size and type. All construction areas left open over night shall have signs posted and flashing lights and barricades around the work area. A Traffic Control Plan must be submitted at the time of application for review. An approved Traffic Control Plan is required to remain on site and available upon request by any County employee. Glynn County reserves the right to set a time frame for work done on the right-of-way to include nights, weekends, holidays, weather conditions or specials events. Traffic controls and safety devices shall be installed at applicant's expense and used at excavation, alteration or obstruction sites as specified in the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the Georgia Department of Transportation, as now in force or hereafter amended. The provisions set forth in Subsection 2-13-24(h) herein shall apply to failure to comply with an approved Traffic Control Plan.

2-13-39

Violations - Punishment. Any person violating any provision of this Ordinance shall upon conviction,

be deemed guilty of a misdemeanor and shall be subject to such penalties as are provided by law for other misdemeanors. 2-13-40

Ordering Removal of Equipment, etc. Any person violating any provision of this Ordinance may be ordered by the Public Works Director to remove any equipment, facilities and appliances from and discontinue the use of the public roads.

2-13-41

Injunction; restraining order. The County Public Works Director is hereby authorized to request the county attorney in the event of violation of this ordinance to petition for an injunction to enforce the performance of any duty or act imposed by this Ordinance or for an order to restrain the breach of any duty or the commission of any act, imposed or prohibited or unauthorized by the provisions of this Ordinance.

2-13-42

Enforcement. It shall be the duty of all members of the Glynn County Police Department or the Code Enforcement Division, at the direction of the County Public Works Director to enforce any provisions of this Ordinance which states that any act or omission is unlawful.

ARTICLE III. ROAD ABANDONMENT (Ordinance of 5-3-84; Amended 2-7-91; 4/6/00; 7/6/00; 7/7/02, 05/03/12) 2-13-43 a.

2-13-44

Application. Application for County road, right-of-way or easement closing or abandonment shall be made to the County Engineer on an application provided by Glynn County. The applicant shall outline the nature of the request and specify the anticipated use of the road, right-of-way, or easement for which the request is made. The applicant shall provide a plat that shows the right-of-way or easement for which the application is being filed. The plat shall be prepared by a land surveyor registered by the State of Georgia. Review.

a.

The County Engineer will coordinate the review of the request with the County Administrator, County Attorney, Public Works, Community Development, Recreation & Parks, County Police, County Fire, County GIS, and Utility Providers (water & sewer, power, telephone, cable & gas). Any and all comments made by reviewers shall be written and returned to the County Engineer within thirty (30) days of the application filing date.

b.

The County Engineer shall forward all the written findings to the County Administrator with a recommendation.

c.

If the County Administrator determines that the application does not meet the criteria for abandonment, because the parcel (s) in question still has substantial useful purpose, the process will stop. The County Engineer will notify the applicant of the decision in writing within ten (10) days. The applicant may appeal the Administrator’s decision to the Board of Commissioners by filing a written notice of such appeal with the Administrator within ten (10) days of the date of his decision. The Board of Commissioners may either uphold the Administrator’s decision or direct him to proceed with a public hearing. The applicant shall be notified in writing of the decision by the County Engineer within ten (10) days.

d.

If the Administrator finds that the application meets the criteria of this policy, the County Administrator will direct the County Clerk to run an advertisement in the local newspaper once a week for two weeks advising that a public hearing will be held to determine whether the proposed abandonment has “ceased to be used by the public and no longer serve any useful public purpose”. The County Clerk will notify by mail all

effected property owners (as indicated in County tax records) within two hundred (200) feet of the property as to the purpose, time and date of the public hearing. The time, date and proposed abandonment request shall also be posted on the subject property by the County Engineer at least 10 calendar days prior to the public hearing. 2-13-45

Determination by the County Commission.

a.

If the Board of Commissioners approves the abandonment, the County Engineer will prepare a deed and file it for recording with Superior Court if the identity of the grantee for such a deed is clear. The submitted plat may require a revision if the Board of Commissioners placed conditions on the approved abandonment. The applicant will bear the cost of any required plat modification. Only after the deed recording by the County Engineer is the action final. The original deed (if any) will be mailed to the applicant(s) by the County Engineer.

b.

No application for abandonment may be made, or considered, if any portion of the property sought to be abandoned has been the subject of an abandonment application filed, or considered by the Glynn County Board of Commissioners, within the immediate preceding two years.

2-13-46

Fee. Any request submitted under the provisions of this Ordinance shall be accompanied by a $1350.- non-refundable application fee. Prior to the public hearing, the applicant may withdraw the application or request that the Board of Commissioners consider postponing the public hearing to one of its next four regular Commission meetings. The request to withdraw or postpone must be submitted in writing to the County Engineer prior to the Commission meeting in which the public hearing is scheduled. If postponement is requested, the applicant will bear the additional administrative charges (advertising and administrative costs). *** COUNTY ATTORNEY MEMO AS REFERRED TO IN SEC. 2-13-44: TO: FROM: SUBJECT:

Board of Commissioners Tom Lee, County Attorney Street Closings

The law of the State of Georgia recognizes three types of roadways: (a)

Fee-simple roadway under which complete title is vested in Glynn County. The County actually has a deed to the road bed and the adjoining right-of-way. If the road is closed, Glynn County has to dispose of the real property at public sale.

(b)

Easement-type roadway where the public has no title but merely an easement. The adjacent land owners own the ground underneath the road right-of-way.

(c)

Conditionally owned roadway is where the County owns the road right-of-way, but the right-of-way reverts to the owner if the County ceases using the right-of-way for road purposes.

For the last couple of years, Glynn County has been requiring that streets and roads and the accompanying right-of-ways be deeded to Glynn County. Therefore, the County has fee simple title to the roadway and the ground underneath the roadway. However, most of the roads in subdivisions, developed prior to 1978 or 1979, are easement type roads. Accordingly, the legal title to the ground underneath the road right-of-way belongs to the adjoining lot owners. If an easement road is no longer used as a road, it can not be diverted to some other public purpose such as a parking lot, recreational area, etc. The rule may or may not apply to fee simple roads owned by Glynn County. In order for a road to be closed, the Board of Commissioners must determine that all or part of the road has ceased to be used by public so as to no longer serve any substantial useful purpose. This decision is made by the adoption of a resolution which is then recorded on the minutes of the Board of Commissioners. Owners of property located on the road must first be notified of the impending resolution prior to its passage by the Board of Commissioners. A road cannot be closed for the purpose of helping a private landowner. The closing must serve some public purpose such as relieving the public from the charge of maintaining a road or street, or the street or road are no longer useful or convenient to the public. There are several factors which should be considered by the Board of Commissioners in deciding whether or not to close a road or street. These factors are hereinafter set out. A.

Source of Title. Does Glynn County own fee simple title to the road/street or merely an easement for use by public for road purposes?

B.

Present Use of Road, Street or Alley. 1. General public; 2. Limited use by a small group; or 3. Location of public utilities.

C.

Past History. What use has been made of the road/street in the last twenty (20) years?

D.

Potential Need in the Future. 1. Growth area. 2. Transportation studies.

E.

Cost Involved in Opening Road/Street. 1. Obstructions. 2. Attorneys fees and court costs. (Glynn County is under no legal obligation to open a road.)

F.

Availability of Other Means of Travel. 1. 2. 3. 4. 5.

Public Adjoining landowners. Neighborhood. Emergency vehicles. Garbage pick-up.

G.

Benefit to Public in Continuing Public Usage.

H.

Benefit to Public in Closing Road.

In order to establish a procedure which will be employed in a consistent manner, I believe, prior to the closing or opening of any platted road, the question as to a particular road should be referred to the Joint Planning Commission "Staff", Public Works Department, and County Engineer's Office for their written comment, prior to any action being taken by the Board of Commissioners. End of memo 2-13-47 - 2-13-50 Reserved. 2-13-51

Jay Walking. No person shall cross any State or Federal highway outside of a crosswalk at a location within 1100 feet of a crosswalk on that same highway. Any violation of this ordinance shall be punishable by a fine of up to $200 or imprisonment for up to five (5) days or any combination of fine and imprisonment up to the maximums herein at the discretion of the Judge.

2-13-52

Disposal of Yard Refuse and Litter on Public Rights-of-way. It shall be unlawful for any person to place or cause to be placed litter or yard refuse in the portion of any public right-of-way which is paved or otherwise intended for vehicular travel. For purposes of this Section, litter shall be defined as all garbage, refuse, waste materials, sand, gravel, slag, brickbats, rubbish, tin cans, trash, debris, dead animals or any term embraced in the definition of municipal solid waste as defined in the Glynn County Clean Community Ordinance. The term yard refuse shall mean tree branches, tree limbs, parts of trees and bushes, shrubbery cuttings, dirt, rocks, sand, lawn clippings, grass clippings and other debris generated in the yard which is being disposed. Upon the first violation of this ordinance by any individual, a warning citation shall be issued. Any subsequent violation of this ordinance shall be punished by fine of up to $100. 12/5/96

2-13-53

Leaks or Spills From Commercial Vehicles Any commercial vehicles which leak or spill from the vehicle onto the Public Roads and Rights-of-Way or Private Roads and Easements will be required to immediately stop operation, clean up fluid with either a compound or cover area with sand to soak up this leakage, and sweep up the soak-filled compound/sand and place in vehicle. Replacement of the vehicle or stopping the leak will be required before proceeding. All clean ups must be reported to Public Works immediately. Reports will include the address (es) of the area and the time that the spill occurred. Failure by any individual, firm, business, or corporation to respond to a spill or leak within two (2) hours from the time that the spill or leak occurred or from receiving notification from the County may result in a minimum $500 fine. (O-2002-16)

2-13-54

Reserved.

ARTICLE IV: SIDEWALKS (Ordinance of 6-20-91; Amended 1-09-03) 2-13-55

No person shall operate any wheeled conveyance on the sidewalks on either side of Mallory Street on St. Simons Island between its intersection with Magnolia Avenue and the foot of Mallory Street at the St. Simons Island pier. As used herein, the term "operate" shall mean to ride in or upon any wheeled conveyance but shall not include pushing such a conveyance while walking. As used herein, the term "wheeled conveyance" shall include without limitation unicycles, bicycles, skateboards, roller skates, "line skates", scooters, motorcycles, tricycles, wagons, carts, mini-bikes, mopeds, or any other device used for the transportation of a person or persons from on e point to another where any portion of the weight thereof is placed upon one or more wheels. Any violation of this ordinance section shall be punished by a fine not to exceed Fifty Dollars ($50.00).

2-13-56

Operation of Motorized Vehicles on Sidewalks, Bicycle Paths and Bicycle Routes Prohibited. It shall be unlawful to operate a motorized vehicle on any sidewalk, bicycle path or bicycle route in the unincorporated portion of Glynn County outside Jekyll Island. The operation of a motorized vehicle designed to transport a handicapped person and operated at speeds no greater than 5 miles per hour or the operation of a motorized vehicle at a driveway or other legally authorized crossing of a sidewalk, bicycle path or bicycle route shall not be prohibited. Any violation of this section shall be punished by a fine not to exceed One Hundred Dollars ($100).

2-13-57 - 2-13-59 Reserved.

ARTICLE V: ENFORCEMENT OF HANDICAP PARKING LAW 2-13-60

Handicap Parking Enforcement (a)

Authority to Appoint. Pursuant to the provisions of O.C.G.A. '40-6-227, the Chief of Police of Glynn County or his designee, is authorized to appoint handicapped persons, as defined in O.C.G.A. '40-6-221(3), to enforce the provisions of O.C.G.A. '40-6-225 regulating the use of handicapped parking places. The number of such persons to be appointed shall be determined by the Chief of Police.

(b)

Qualifications. To qualify for appointment to enforce handicap parking laws, a person must meet the following requirements: 1.

To qualify for appointment to issue handicap parking citations, a person must be a citizen of the United States, of good moral character, not previously convicted of a felony, and be a handicapped person as defined by O.C.G.A. '40-6-221(3).

2.

Each person appointed to enforce handicap parking laws must take an oath of office from the appointing authority.

3.

No appointed person shall be required to complete training as a peace officer.

4.

To be appointed to enforce handicap parking laws within Glynn County, each participant must satisfactorily complete a course of training on handicap parking enforcement provided by the Glynn County Police Department.

5.

To be eligible for appointment, applicants shall file an application upon a form to be prepared and changed, as necessary, from time to time by the Glynn County Police Department, undertake such training courses and attend such training classes as shall be required by the Glynn County Police Chief, and shall take the oath of office on a form prepared by the Glynn County Police Department. Prior to entering upon the performance of their duties, each applicant shall sign a "Memorandum of Understanding" on a form as shall be required by the Chief of Police or his designee.

(c)

(d)

Powers and Duties. Persons so appointed shall have all of the powers provided in, and shall be subject to and governed by all of the provisions of O.C.G.A. '40-6-227, including, without limitation, the following: 1.

Each person appointed may issue citations to enforce O.C.G.A. '40-6-225 within the unincorporated portion of Glynn County. Each person appointed shall comply with all policies of the Glynn County Police Department which pertain to the enforcement of O.C.G.A. '40-6-225.

2.

No appointed person shall have the power or duty to enforce other traffic or criminal laws or ordinances.

3.

No person so appointed shall be deemed a peace officer, nor an employee of the State, Glynn County, or any governmental entity, nor receive any compensation therefrom.

4.

No person may possess or carry firearms or other weapons for the purpose of or while enforcing handicapped parking laws.

5.

No appointed person shall be entitled to any compensation or indemnification from the State, Glynn County or any governmental entity for any injury or property damage sustained as a result of enforcement activities. Each appointed person shall specifically acknowledge that he or she has no rights to any compensation from Glynn County, the State of Georgia or any other governmental entity for any injury or property damage resulting from enforcement activities under Glynn County Ordinance or State law.

6.

No authority, agency, department, employee or officer of the State, Glynn County, or any other governmental entity shall be liable or accountable for any act or omission of any person appointed to enforce handicap parking laws under O.C.G.A. '40-6-227. Each appointed person shall specifically hold harmless Glynn County, its officers, employees and agents, from liability for any such act or omission by such appointed person.

7.

All of said appointees shall serve without compensation and at the pleasure of the Chief of Police or his designee.

Consent to Examine Personal Records. Each applicant shall sign a

consent form, consenting for the Glynn County Police Department to investigate the criminal record, if any, work record, reputation, and medical, physical or mental records of the applicant. (e)

Effective Date. This ordinance shall become effective immediately upon its adoption. All ordinances or parts of ordinances in conflict herewith are repealed.