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2008-03-13 MILTON HERALD
Important Milton permit could hit snag
by Jason Wright
March 17, 2008
MILTON -- The completion of an important permit process for the city might have hit a stumbling block that could have unintended consequences for rural Milton.

The permit, called the National Pollutant Discharge Elimination System, or NPDES, is paramount for the city to receive state funding. The city has the permit contingent on passing two local ordinances: a litter control law and something called the conservation subdivision use ordinance.

The reason for those ordinances, City Attorney Angie Davis told City Council at its March 10 work session, is because Milton is part of the Metropolitan North Georgia Water Planning District. As such, Georgia law requires Milton to pass both ordinances.

As it is written, the subdivision conservation law is meant to increase green space and reduce impact to local waterways. It has long been a part of the permit process. Unfortunately, it's generally meant for more urban areas than Milton and could force developers in the city to increase their density to meet its requirements. In addition, it supersedes Milton's existing zoning laws that guard against high density development.

Luckily, Davis said Milton doesn't have to pass the exact ordinance that's on the books, only something "substantially similar." So that leaves some wiggle room for the city to argue its case against the potential of higher density.

"I think the purpose [of the law] is to encourage lots of green space ... and I think in the city of Milton we do that a whole lot with our land classifications as we have them," she said.

However, she admits it's not going to be easy to convince the Georgia Environmental Protection Division that Milton is doing enough on its own.

"They have their little box, and we don't fit in that box," she said.

Council agreed to look at the proposed law and provide insight into what Davis and Community Development Director Tom Wilson can create to fulfill the requirements.

- www.northfulton.com


Council smooths ruffled feathers

Milton City Council smoothed over a misunderstanding with the city's Ethics Board over whether the new ordinance presented to it Feb. 25 was actually calling for the board to be abolished.

At the board's meeting, chairman Clint Johnson said he felt he was being "played for a sucker" in response to the new law. Council assured him he was not being played and thanked the board for its hard work amid a tough ethics climate.

After some discussion, it was decided the best course of action was for the board to work with the city attorneys and iron out the kinks between the new and old ethics ordinances.

Crooked Creek wants traffic stopped

Council also heard a plea for the gating of Crooked Creek by that subdivision's homeowners association. Creek Club Drive, the main thoroughfare of Crooked Creek, is often used for a cut through between Ga. 9 and Francis Road. According to HOA chairwoman Laura Wysong, traffic studies show the 640-home neighborhood can have more than 2,000 cars a day on the residential road.

"That was not the purpose that was intended for our community," she said. "We represent the community and our community wants something to happen."

To gate the road, Milton would have to abandon Creek Club Drive. For that to happen, as per an adopted Fulton County law, 100 percent of the people who live on Creek Club Drive would have to OK the move.

That number is simply not possible, said Wysong.

Short of choosing to repeal their own abandonment policy, Milton's council asked City Attorney Ken Jarrard to meet with Crooked Creek's attorney, resident Steve Smith, to explore legal options.
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