Document Pickenscountyga_doc_4b76a362da

STATE OF GEORGIA ORDINANCE NO. COUNTY OF PICKENS AN ORDINANCE TO AMEND CHAPTER 54, ENTITLED “ROADS AND BRIDGES” OF THE CODE OF ORDINANCES, PICKENS COUNTY, GEORGIA TO ENHANCE THE REGULATION OF ROADS AND BRIDGES IN UNINCORPORATED PICKENS COUNTY IN ORDER TO PROTECT AND PRESERVE THE PUBLIC’S SAFETY, HEALTH, WELFARE AND QUALITY OF LIFE THEREIN BE IT ORDAINED by the Board of Commissioners of Pickens County, Georgia as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State of Georgia in November of 1982, and effective July 1, 1983, provides in Article IX, Section IV, Paragraph II thereof that the governing authority of a county may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, O.C.G.A. § 36-1-20 authorizes counties to enact ordinances for protecting, preserving, and enhancing the public health, safety and welfare of the population of a county’s unincorporated areas; and WHEREAS, the Code of Ordinances, Pickens County, Georgia (“Code”), through its original adoption and through subsequent amendments thereto, is comprised of the ordinances that empower and enable the governing and policing of the unincorporated portions of Pickens County (“Unincorporated Pickens County”) by the Board of Commissioners of Pickens County (“Board”); and WHEREAS, the paramount duty of the Board is to protect and preserve the public’s safety, health, welfare and quality of life in Pickens County, and WHEREAS, Chapter 54 of the Code, entitled “Roads and Bridges” (“Chapter 54”) serves as the Board’s means to regulate roadways and bridges within Unincorporated Pickens County for the purpose of protecting and preserving the public’s safety, health, welfare and quality of life therein; and WHEREAS, the Board has determined that the existence and enhancement of the regulation of roads and bridges by the provisions set forth in Chapter 54 is essential to protecting and preserving public safety, health, welfare and quality of life Unincorporated Pickens County; and Page 1 of 30 ---PAGE BREAK--- WHEREAS, an appropriately noticed public hearing concerning these amendments to Chapter 54 was conducted on August 18, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, and it is hereby ordained by the authority of the same, as follows: SECTION 1. Chapter 54, entitled “Roads and Bridges”, is hereby amended by the amendments set forth in Exhibit hereto. SECTION 2. If any provision or clause of this Ordinance is held to be invalid, or if a provision or clause of this Ordinance as applied to any particular situation or set of circumstances is held to be invalid, this invalidity shall not affect other provisions, clauses, or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3. All ordinances, parts of ordinances, resolutions, or regulations in conflict with this Ordinance this day passed are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18thst day of August 2025. SIGNATURE PAGE TO FOLLOW Page 2 of 30 ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT A Amendments to Chapter 54 [ROADS AND BRIDGES] of the Code of Ordinances, Pickens County, Georgia That the Code of Ordinances, Pickens County, Georgia is hereby amended by amending Chapter 54 [ROADS AND BRIDGES] as follows: ARTICLE I. - IN GENERAL Secs. 54-1—54-30. - Reserved. ARTICLE II. - ENCROACHMENTS ON PUBLIC ROADS[2] Footnotes: Editor's note— Forms referred to in this article for an application for encroachment on public road and a land disturbing permit have been omitted from this codification but are available from the Pickens County Land Development Office, 213 North Main Street, Suite 202, Jasper, Georgia, 30143. State Law reference— Damaging public property, O.C.G.A. § 16-7-25. Sec. 54-31. - Requirements of encroachment; applicability. Any person, firm, company, sole proprietorship, corporation, partnership, organization, individual or government who desires to encroach and/or cross any public road/right-of-way in the unincorporated areas of the county, maintained by the county, shall be required to follow the procedures and fulfill the conditions set forth in this article. This article shall apply to all land disturbing activities, including, but not limited to, installation of utility pipes and lines, and any activities which are conducted upon the public roads/rights-of-way of the county. (Ord. of 8-8-1997, ch. XIII, § I; Res. of 4-19-2018(2)) Sec. 54-32. - Procedures and conditions. A permit for such activity must be obtained from the county planning and development office prior to any land disturbing activity. Page 4 of 30 ---PAGE BREAK--- Applications for permits shall be in writing, shall contain a detailed description of the project, shall state the beginning and completion dates for such project, and shall have sketch drawings attached. Applications for permits shall be made at least 72 hours prior to the time the encroachment is to be made. Applicants shall be required to make a damage deposit/bond with each application unless waived by county due to applicants prior good work and repair record. Deposit/bond amounts for the following operations shall be as set forth in the schedule of fees and charges: To cut a plant mix road when cutting is necessary. To bore under a roadway. To cut a surface treatment road when cutting is necessary. To install along the side of county road. To install a meter. Additional bonds may be required for major projects. Deposits/bonds are partially or fully refundable upon proper repair as determined by county inspection. All installations other than crossing a roadway must be a minimum of 48 inches from the edge of existing pavement or edge of existing gravel roadbed. Cutting of roads will be permitted only if it cannot be bored; the final determination of whether the road can be bored or not being in the sole discretion of the county. Any cut or disturbance across or on paved roadway, if approved, and any other disturbance of a county road/right-of-way must be repaired in accordance with the most current department of transportation regulations and specifications of the county. Applicant must call for an inspection by the county planning and development office during the repair when the: Page 5 of 30 ---PAGE BREAK--- Road is cut. Cut is backfilled. Concrete is poured. Job is completed. Applicants must complete all repairs and submit completed job for inspection by county planning and development office in not more than 14 days after the work is commenced unless an extension is granted. Any permit issued under this article may be revoked upon finding by the planning and development office and/or county commissioners that the holder is not in compliance with this article. (Ord. of 8-8-1997, ch. XIII, § II; Res. of 8-13-1999; Res. of 4-19-2018(2)) Sec. 54-33. - Indemnify and hold harmless the county. All permits issued under this article shall require a signed acknowledgement by the holder of the permit that: The holder shall indemnify and hold harmless the county from any claim, suit, damage or legal action for damages to any third party as a result of the work performed under such permit; and The county shall not be responsible, financially or otherwise, for future relocation cost in the event of future road widenings or upgrades, and that applicant has no vested right to permanent location of the land disturbing activity regulated in this article. (Ord. of 8-8-1997, ch. XIII, § III; Res. of 4-19-2018(2)) Sec. 54-34. - Penalty for violation. Any person, firm, company, sole proprietorship, corporation, partnership, organization, individual or government who violates this article shall, upon conviction, be punished as provided in section 1-11. Page 6 of 30 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. XIII, § V; Res. of 4-19-2018(2)) Secs. 54-35—54-65. - Reserved. ARTICLE III. - TIMBER HARVESTING[3] Footnotes: State Law reference— Damaging public property, O.C.G.A. § 16-7-25. Sec. 54-66. - Purpose and intent. The purpose of this article is to regulate the use of county or county-maintained roads in the county by those transporting commercially harvested timber, whether such timber is harvested in the county, any adjoining county or from any other location. It is not the intent of this article to regulate timber harvesting in any environmental context. A county governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any unincorporated area of such county for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide notice of such harvesting operations to the county governing authority prior to entering onto the property and in no event later than 24 hours after entering onto the property. Such persons shall give notice of cessation of cutting within 24 hours after the job is completed. (Ord. of 8-8-1997, ch. XII, art. I, § 1.1; Res. of 4-19-2018(2)) Sec. 54-67. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: County-maintained road means any road which is used for U.S. Postal delivery or school bus routes and is maintained on a regular basis by the county whether or not such road is officially a county road. Page 7 of 30 ---PAGE BREAK--- County road means any road which is shown on the most current state department of transportation maps as a county road of Pickens County, Georgia. Letter of credit means a valid irrevocable letter of credit issued by a bank or other financial institution. Person means any individual or corporation transporting logs for commercial purposes in the county. Property owner means the person or persons who own the property from which the transported timber is harvested. Surety bond means either a cash bond or a bond posted by a licensed bonding or insurance company. Timber means pulpwood or logs. (Ord. of 8-8-1997, ch. XII, art. II, § 2.1; Res. of 4-19-2018(2)) Cross reference— Definitions generally, § 1-2. Sec. 54-68. - County permit and surety bond or letter of credit. Prior written notice shall be required of any person or firm harvesting such timber for each separate tract. The application form shall be maintained in the planning and development office of Pickens County and shall conform to the following: A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road; A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation; Page 8 of 30 ---PAGE BREAK--- The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber; Notice may be submitted in person, by transmission of an electronic record via fax, email, or such other means as approved by the governing authority, or by mail; Persons or firms subject to such notice requirement shall be required to deliver a bond or letter of credit as provided by this paragraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the governing authority a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county, against any damage caused by such person or firm in the amount of $5,000.00 or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or financial institution, in the amount of and in lieu of such bond. Pickens County shall require no more than one bond from each person or firm harvesting timber regardless of the number of tracts harvested in unincorporated Pickens County by each such person or firm so long as the bond remains in effect. Otherwise, a valid replacement bond must be obtained and delivered to the governing authority no later than the close of business on the fifth business day following the day that Pickens County filed a claim to recover damages against the then-existing bond. Upon filing such claim, Pickens County shall immediately provide notice thereof, including the date such claim was filed, to the person or firm causing the damage. Such notice may be given in person, by transmission of an electronic record via fax, or by email. For purposes of this paragraph, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered; Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county upon receipt of the same by the governing authority and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority within three business days after such change. Page 9 of 30 ---PAGE BREAK--- Pickens County shall not require a fee of any kind for receiving a notification of timber harvesting. (Ord. of 8-8-1997, ch. XII, art. III, 3.1—3.4; Res. of 2-26-2009, § 1(Exh. Res. of 4-19-2018(2)) Sec. 54-69. - Liability for damages; violations. The timber harvester/transporter and/or the property owner shall be liable to the county for damage to county or county maintained roads caused by the transport of timber in an amount necessary to return such roads to their normal and usual condition, together with all court costs in the event such issue is litigated in any manner. Violation of the notice requirements of this section shall be punishable by a fine not exceeding $500.00. (Ord. of 8-8-1997, ch. XII, art. IV, 4.1, 4.2; Res. of 4-19-2018(2)) Sec. 54-70. - Safety regulations. Any person harvesting or transporting timber in the county shall adhere to the following safety regulations: No equipment, trucks, trailers or machinery shall be allowed to park on the county road or its right-of-way. Any logging operation in the county, or within 1,000 feet of the county line if outside the county but utilizing a county road for access to the property, shall post at least two signs in both directions of the truck road entrance as follows: one sign 500 feet from such entrance stating "SLOW, TRUCK ENTERING HIGHWAY" and one sign 1,000 feet from such entrance stating "WARNING LOGGING OPERATION AHEAD." Each of the four signs shall be 42 inches × 42 inches, orange in color, and posted at least three feet from the travel surface of such road. Such signs shall be maintained in such a manner so as to be easily visible by approaching traffic. Each logging operation shall furnish their own signs, which must be in substantial compliance with the regulations stated in this section. Page 10 of 30 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. XII, art. V, § 5.1; Res. of 2-26-2009, § 1(Exh. Res. of 4-19­ 2018(2) Sec. 54-71. - Reserved. Editor's note— The second resolution adopted on April 19, 2018, repealed § 54-71, which pertained to revenue generated by policy in this article and the distribution thereof and derived from an ordinance of August 8, 1997, ch. XII, art. VI, § 6.1. ARTICLE I. – GENERAL PROVISIONS. Sec. 54-1. – Intent. The Board of Commissioners of Pickens County, Georgia (“Board of Commissioners”) hereby declares that the effective regulation of roads and bridges pursuant to relevant, suitable and effective regulatory standards in the unincorporated areas of Pickens County (“Unincorporated Pickens County”) constitutes an essential element of the effective governing and policing thereof for the purpose of protecting and preserving public safety, health, welfare and quality of life therein. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-2. – Purpose. Through this Chapter 54 (“Chapter 54”) of the Code of Ordinances, Pickens County, Georgia (“Code)”, as adopted and amended pursuant to O.C.G.A. § 36­ 1-20 for the purpose of governing and policing of the unincorporated areas of Pickens County, the Board of Commissioners desires to enable and ensure the most effective regulation possible of roads and bridges to achieve the objectives stated in Section 54-1 of this Division. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-3. – Applicability. This Chapter shall be applicable to the regulation of roads and bridges in Unincorporated Pickens County, except in the case of roads and bridges Page 11 of 30 ---PAGE BREAK--- planned for or contained in subdivisions, which shall be governed by the provisions of Article III of Chapter 38 of this Code. When used throughout this Chapter, the term “road” shall mean a right-of­ way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley or by a similar designation. 1. The term “public road” shall mean a road which is part of the Pickens County Road System due to designation by resolution of the Board of Commissioners pursuant to O.C.G.A. § 32-4-40. 2. The term “private road” shall mean a road which is not part of the Pickens County Road System. 3. Arterial roads and collector roads/streets are defined on the Georgia DOT Functional Classification Map When used throughout this Chapter, the term “the County” shall mean individually or collectively as the context of the use dictates, the Board of Commissioners, as the governing authority of Pickens County, and/or the Pickens County Government. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-4. – Responsibilities for administration. The Board of Commissioners hereby charges the Pickens County Government with the administration of this Chapter and with the enforcement of its provisions and thereby with the activities conducted with regard to roads and bridges in Unincorporated Pickens County. The Pickens County Government shall operate under the day-to-day direction of the Chairperson of the Board of Commissioners (“Chairperson”). The Chairperson shall have the power to act as is granted by Georgia law and as provided in this Chapter and shall do so in the administration thereof pursuant to the applicable provisions set forth in the various articles comprising this Chapter. Page 12 of 30 ---PAGE BREAK--- Within the Pickens County Government, the day-to-day administration of this Chapter and the enforcement of its provisions shall be the authorized, designated and collaborative responsibility of the Public Works Department, as led by the Public Works Director, with that position reporting to the Chairperson or to the Chairperson’s designee, and the Planning & Development Department, as led by the Director of Planning & Development, with that position reporting to the Chairperson or to the Chairperson’s designee. When circumstances warrant, the Public Works Department and the Planning & Development Department shall work with the Pickens County Marshal’s Office, Pickens County Fire & Rescue, the Pickens County Water Department and other departments of the Pickens County Government in regard to the administration of this Chapter and with the enforcement of its provisions. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-5. – Enforcement against violations. The enforcement against violations of this Chapter shall be conducted pursuant to the provisions of Chapter 1 of this Code and said violations shall be punishable by the applicable penalties provided therein. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-6. – Responsibility for bearing the costs of expenditures necessary for compliance. All expenditures required to comply with any provision of this Code and/or with any determination, order or similar action taken by the Pickens County Government shall be the obligation of any applicable “responsible person(s)”, and the Pickens County Government, its elected officials, officers, employees or agents shall not be responsible for such expenditures under any circumstances. Page 13 of 30 ---PAGE BREAK--- “Responsible person(s)” shall mean any person that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Chapter. For purposes of this Chapter, the term “person” shall mean any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, other legal or commercial entity or government. Sec. 54-7. – Responsibility for bearing the costs of maintaining private roads. The landowner(s) owning property abutting a private road shall bear all costs of maintaining said private road. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-8. – No preclusion of more stringent regulatory requirements. No provision of this Chapter shall preclude the imposition of a more stringent regulatory requirement applicable to any particular action or item that is imposed in any other chapter of this Code. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-9. – Severability. The articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any article, division, section, paragraph, sentence, clause, or phrase of this Chapter shall be declared unconstitutional, invalid or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity or unenforceability shall not affect any remaining articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter because the remaining articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid or unenforceable article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Page 14 of 30 ---PAGE BREAK--- Sec. 54-10. – Conflict with federal and/or state law. If any part of this Chapter is found to be in conflict with federal law and/or Georgia law, the higher or highest standard shall prevail. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-11. – Prohibition. Any part of this Chapter that is deemed to be explicitly prohibited by federal law or Georgia law shall not be enforced. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-12. – Liability. Compliance with the provisions of this Chapter shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Pickens County Government, its elected officials, officers, employees or agents. (Ord. of 8-18-2025 § 1 (Exh. Secs. 54-13 - 54-30. - Reserved. ARTICLE II. – CORE ROAD AND BRIDGE STANDARDS. Sec. 54-31. – Dimensional and paving requirements for all roads. The following chart sets forth the dimensional and paving requirements for all roads in Unincorporated Pickens County. Page 15 of 30 ---PAGE BREAK--- Pickens County Minimum Requirements All road bases shall be compacted to a maximum density of 100 percent (100%) compaction. Paving materials shall be deposited and spread by means of a spreader box or other approved mechanical equipment and compacted with a roller at the proper moisture content. The base shall be covered with prime coat asphalt. Paving materials and construction methods shall comply with the latest Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-32. – Inspections. The applicable developer shall coordinate his or her road construction with the Public Works Department to accommodate comprehensive inspections at the following points in the paving process: Page 16 of 30 ---PAGE BREAK--- 1. Sub-grading 2. Top-of-base 3. Top-of-topcoat The base grading, drainage and utilities shall be approved by the Public Works Department before any surface base shall be applied to the road by test roll method or any test necessary to determine compliance. (Ord. of 8-8-1997, ch. III, art. V, § 3.518) (Ord. of 8-18-2025 § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-33. – Drainage. Water shall be diverted across the roads by the use of pipe. Coated corrugated steel pipe or an alternative approved by the Public Works Department shall be acceptable if properly installed. 1. The pipe shall have sufficient cover to support fire apparatus as determined by the Public Works Department and the Pickens County Fire Marshal. 2. The backfill material shall be clean and solidly tamped about the pipe. 3. The discharge end of the cross drain shall be stabilized using rip-rap rock for a distance of at least three times the diameter of the pipe unless a shorter distance is approved by the Public Works Department. All driveways constituting access points made onto public roads or onto private roads must have a properly installed pipe to promote and/or allow proper drainage under such entrance. 1. The pipe shall be a minimum of twenty feet (20 ft.) in length. 2. The pipe shall be no smaller than eighteen inches (18 in.) in diameter, unless permission for a pipe of smaller diameter is approved in writing Page 17 of 30 ---PAGE BREAK--- by the Public Works Department upon the filing of an application with the Planning & Development Department. All entrances or other access points made onto public roads or onto private roads must have a properly installed pipe to promote and/or allow proper drainage under such entrance. 1. The pipe shall be of sufficient size to carry expected amounts of runoff. 2. The pipe shall be no smaller than eighteen inches (18 in.) in diameter, unless permission for a pipe of smaller diameter is approved in writing by the Public Works Department upon the filing of an application with the Planning & Development Department. 3. The pipe shall be installed according to industry standards and covered with sufficient fill to support expected loads. The pipe length for entrance roads and other access points will be determined so as to provide a minimum seventeen feet (17 ft.) of shoulder on each side of the required road width. (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-34. – Bridges. The engineering design of all bridges shall be submitted to the Planning & Development Department for review thereby, by the Public Works Department, the Fire Marshal and other applicable departments and parties. Any bridge or passageway not on solid ground shall be engineered to support seventy-five thousand pounds (75,000 lb.) or more by a State of Georgia approved engineer. (Ord. of 8-18-2025 § 1 (Exh. Secs. 54-35 - 54-60. - Reserved. ARTICLE III. – STANDARDS FOR VEHICULAR ACCESS ONTO PUBLIC ROADS. Page 18 of 30 ---PAGE BREAK--- Sec. 54-61. – Purpose. In order to expedite the movement of traffic, to promote the safety of the motorist and pedestrian, and to minimize traffic congestion and conflict, it is necessary to regulate the points of vehicular access to public roads (“access points”). To accomplish this goal, the standards set forth in this Article shall apply to access control points in Unincorporated Pickens County. (Ord. of 8-8-1997, ch. VII, art. I, § 7.100) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-62. – Access applications and access plans required. All commercial establishments, industrial establishments and residential units must obtain an access permit to access any public road in Unincorporated Pickens County. An application for any access permit shall be filed with the Planning & Development Department. Said application shall be accompanied by an access plan, which shall be drawn to scale and shall contain the following information: 1. The road name, right-of-way, surface width and surface type of the road from which access is desired. 2. The desired point of access in relation to property lines, and any existing access points within five-hundred feet (500 ft.) in both directions of the desired access point on both sides of the road. 3. The drainage system of the road from which access is desired within five-hundred feet (500 ft.) in either direction of the point of access and how the proposed access will drain into the road drainage system. 4. The distance of sight in each direction from the point of access for a distance of five-hundred feet (500 ft.). Page 19 of 30 ---PAGE BREAK--- 5. The design of the access point to include the width, alignment, and surface type. 6. Acceleration and deceleration lane or lanes as required. (Ord. of 8-8-1997, ch. VII, art. I. I, § 7.101; Res. of 8-6-1999, § 6) (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 54-63. – General access requirements. The maximum width of all access points shall be thirty feet (30 ft.), measured at the property line, except when the development requiring access generates high overall or high peak traffic volumes, the Planning & Development Department may approve a wider channelized access point to allow various turning movements for greater traffic control and safety. All accessways onto public roads shall be paved or concreted to a point that is at least one foot (1 ft) beyond the end of the public right-of-way abutting the subject tract, parcel, lot or other area of land. Temporary accessways may be approved by the Planning & Development Department at locations other than those specified for permanent access where it is expedient for the purpose of staged development. Temporary accessways shall be closed when permanent access to the property is completed. No off-road vehicular storage or parking area shall be allowed where the arrangement requires that vehicles back directly into a public road right-of­ way. In all commercial developments where a lot abuts more than one road, the Planning & Development Department may require that the access be from a road of lower classification when necessary to lessen serious congestion of a road of a higher classification. Gasoline service stations shall be allowed two access points onto the same road to allow proper circulation around gasoline pumps. Page 20 of 30 ---PAGE BREAK--- This is regardless of lot width or road classification provided the required plan is approved by the Planning & Development Department. In order to limit the number of individual access points to any road deemed necessary, the Planning & Development Department may require the development of frontage roads. 1. Frontage roads are those which parallel the existing road and extend across the entire frontage of a particular large property or group of properties. 2. Frontage roads may be required to provide safe and efficient public access to individual properties eliminating the traffic congestion which would be caused if each parcel had its own access onto the arterial or collector road. 3. Access points between the frontage road and the main thoroughfare shall be no closer together than five-hundred feet (500 ft.) and no closer together than three-hundred feet (300 ft.) (measured along the road right­ of-way) along collector roads. 4. All frontage roads shall be built to the standards specified in Article II of this Chapter and shall be dedicated for designation as public roads. 5. Access requirements for property served by a frontage road shall be the same as for property fronting a minor road, that is, at least one-hundred feet (100 ft.) apart, except that the Planning & Development Department may also allow a regrouping of access points onto the frontage road in accordance with an approved site plan which does not destroy the intent of this Article. In order to limit the number of individual access points to any road deemed necessary, the Planning & Development Department may also require the development of interconnecting interior circulation drives. 1. Interior circulation drives are needed in large developments which require large parking areas. Page 21 of 30 ---PAGE BREAK--- 2. These drives interconnect all parking lot access points with all buildings and areas of vehicular traffic, parking, loading and servicing. 3. Said drives are constructed to provide safe and efficient vehicular movement between specified access points of a development or a series of developments. 4. The Planning & Development Department may require that the interior circulation drives of adjacent developments be connected to eliminate the need to use the public roads to drive from one to another. 5. All circulation drives shall be clearly defined and marked appropriately with arrows, etc., to assist public circulation into and out of the property and its parking areas. 6. An area of land not less than ten feet (10 ft.) deep shall be provided between the public road right-of-way line and the edge of all proposed frontage roads or interior circulation drives. 7. This area will separate the roadways with a minimum turning radius. Such area shall be landscaped and grassed. 8. The width, placement and design of frontage roads and interior circulation drives shall be approved by the Planning & Development Department. (Ord. of 8-8-1997, ch. VII, art. I, § 7.103) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-64. – Specific access points for state highways. All lots having between one-hundred (100) and three-hundred (300) feet of frontage shall have no more than one point of access to a state highway. For lots with over three-hundred feet (300 ft.) of frontage, additional access points shall be allowed provided they are spaced at least three-hundred feet (300 ft.) apart from each other and from the first access point. For development generating high overall or high peak traffic volumes, the Planning & Development Department may lessen the distance between Page 22 of 30 ---PAGE BREAK--- access points to allow improved access provided a carefully planned pattern of internal and external channelization is prepared and approved. When a lot of record fronting a state highway has less than one-hundred feet (100 ft.) of frontage, the Planning & Development Department shall first attempt to obtain joint access with either adjacent property or access onto a frontage road. If this is not feasible, one single access point may be allowed and should be located with consideration to the distance to the access points on the adjacent lots. (Ord. of 8-8-1997, Ch. VII, Art. I, § 7.104) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-65. – Education and certification requirements. Any person involved in grading, construction and/or any other land-disturbing activity related to the creation of an accessway onto a public road must meet all applicable education requirements and be correspondingly certified by the Georgia Soil and Water Conservation Commission program. (Ord. of 8-18-2025 § 1 (Exh. Secs. 54-66 - 54-90. - Reserved. ARTICLE IV. – ROAD ENCROACHMENT STANDARDS. Sec. 54-91. – Applicability. Any person, firm, company, sole proprietorship, corporation, partnership, organization, individual or government who desires to encroach and/or cross any public road and/or public right-of-way in Unincorporated Pickens County, shall be required to follow the procedures and fulfill the conditions set forth in this Article. This Article shall apply to all land disturbing activities, including, but not limited to, installation of utility pipes and lines, and any activities which are Page 23 of 30 ---PAGE BREAK--- conducted upon the public roads and/or public/rights-of-way in Unincorporated Pickens County. (Ord. of 8-8-1997, ch. XIII, § I; Res. of 4-19-2018(2)) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-92. – Procedures and conditions. A permit for such activity must be obtained from the Planning & Development Department prior to any land disturbing activity. 1. Applications for permits shall be in writing, shall contain a detailed description of the project, shall state the beginning and completion dates for such project, and shall have sketch drawings attached. 2. Applications for permits shall be made at least seventy-two (72) hours prior to the time the encroachment is to be made. Applicants shall be required to make a damage deposit/bond with each application. 1. Deposit/bond amounts for the following operations shall be as set forth in the schedule of fees and charges: a. To cut a plant mix road when cutting is necessary. b. To bore under a roadway. c. To cut a surface treatment road when cutting is necessary. d. To install along the side of public road. e. To install a meter. f. To conduct major projects. 2. Deposits/bonds are partially or fully refundable upon proper repair as determined by any inspection by the County. Page 24 of 30 ---PAGE BREAK--- 3. The Planning & Development Department may waive the bond requirement if the applicant can demonstrate a prior good work and repair record regarding work performed in Pickens County. All installations other than crossing a roadway must be a minimum of forty- eight inches (48 in.) from the edge of existing pavement or edge of existing gravel roadbed. Cutting of roads will be permitted only if it cannot be bored; the final determination of whether the road can be bored or not being at the sole discretion of the County. Any cut or disturbance across or on paved roadway, if approved, and any other disturbance of a public road and/or public right-of-way must be repaired in accordance with the standards set forth in regulations promulgated by the Georgia Department of Transportation and with the standards required in Article II of this Chapter. The applicant must call for an inspection by the Planning & Development Department during the repair when the: 1. Road is cut. 2. Cut is backfilled. 3. Concrete is poured. 4. Job is completed. Applicants must complete all repairs and submit completed job for inspection by the Planning & Development Department in not more than fourteen (14) days after the work is commenced unless an extension is granted. Any permit issued under this Article may be revoked upon finding by the Planning & Development Department that the holder is not in compliance with this Article. Page 25 of 30 ---PAGE BREAK--- (Ord. of 8-8-1997, ch. XIII, § II; Res. of 8-13-1999; Res. of 4-19-2018(2)) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-93. – Indemnification and hold-harmless clause requirement. All permits issued under this Article shall require a signed acknowledgement by the permit holder that: 1. The permit holder shall indemnify and hold harmless the County from any claim, suit, damage or legal action for damages to any third party as a result of the work performed under such permit; and 2. The County shall not be responsible, financially or otherwise, for future relocation cost in the event of future road widenings or upgrades, and that applicant has no vested right to permanent location of the land disturbing activity regulated in this Article. (Ord. of 8-8-1997, ch. XIII, § III; Res. of 4-19-2018(2)) (Ord. of 8-18-2025 § 1 (Exh. Secs. 54-94 - 54-110. - Reserved. ARTICLE V. – TIMBER HARVESTING. Sec. 54-111. - Purpose and intent. The purpose of this Article is to regulate the use of public roads in Unincorporated Pickens County by those transporting commercially harvested timber, whether such timber is harvested in Pickens County, any adjoining county or from any other location. It is not the intent of this Article to regulate timber harvesting in any environmental context. A county governing authority may, by ordinance or resolution, require all persons or firms harvesting standing timber in any unincorporated area of such county for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide notice of such harvesting operations to the county governing Page 26 of 30 ---PAGE BREAK--- authority prior to entering onto the property and in no event later than twenty-four (24) hours after entering onto the property. Such persons shall give notice of cessation of cutting within twenty-four (24) hours after the job is completed. (Ord. of 8-8-1997, ch. XII, art. I, § 1.1; Res. of 4-19-2018(2)) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-112. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. Letter of credit means a valid irrevocable letter of credit issued by a bank or other financial institution. 2. Person means any individual or corporation transporting logs for commercial purposes in Unincorporated Pickens County. 3. Property owner means the person or persons who own the property from which the transported timber is harvested. 4. Surety bond means either a cash bond or a bond posted by a licensed bonding or insurance company. 5. Timber means pulpwood or logs. (Ord. of 8-8-1997, ch. XII, art. II, § 2.1; Res. of 4-19-2018(2)) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-113. - County permit and surety bond or letter of credit. Prior written notice shall be required of any person or firm desiring to harvest timber for any single tract, parcel or other area of land. An application form shall be submitted to and maintained by the Planning & Development Department and shall conform to the following: Page 27 of 30 ---PAGE BREAK--- 1. A map of the area which identifies the location of the tract to be harvested, and as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road; 2. A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation; 3. The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale, or of the timber owner if the harvest is an owner harvest; and 4. The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber. Notice may be submitted in person, by transmission of an electronic record via fax, email, or such other means as approved by the governing authority, or by mail. Persons or firms subject to such notice requirement shall be required to deliver a bond or letter of credit as provided by this paragraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the governing authority a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting Pickens County, against any damage caused by such person or firm in the amount of $5,000.00 or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or financial institution, in the amount of and in lieu of such bond. 1. Pickens County shall require no more than one bond from each person or firm harvesting timber regardless of the number of tracts harvested in Unincorporated Pickens County by each such person or firm so long as the bond remains in effect. Page 28 of 30 ---PAGE BREAK--- 2. Otherwise, a valid replacement bond must be obtained and delivered to the governing authority no later than the close of business on the fifth (5th) business day following the day that Pickens County filed a claim to recover damages against the then- existing bond. 3. Upon filing such claim, Pickens County shall immediately provide notice thereof, including the date such claim was filed, to the person or firm causing the damage. 4. Such notice may be given in person, by transmission of an electronic record via fax, or by email. 5. For purposes of this Section, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered. Notice shall be effective for such harvesting operation on such tract within Unincorporated Pickens County upon receipt of the same by the governing authority and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority within three business days after such change. Pickens County shall not require a fee of any kind for receiving a notification of timber harvesting. (Ord. of 8-8-1997, ch. XII, art. III, 3.1—3.4; Res. of 2-26-2009, § 1(Exh. Res. of 4-19-2018(2)) (Ord. of 8-18-2025 § 1 (Exh. Sec. 54-114. - Liability for damages; violations. The timber harvester/transporter and/or the property owner shall be liable to Pickens County for damage to public roads caused by the transport of timber in an amount necessary to return such roads to their normal and usual condition, together with all court costs in the event such issue is litigated in any manner. Page 29 of 30 ---PAGE BREAK--- Violation of the notice requirements of this Section shall be punishable by a fine not exceeding $1,500.00. (Ord. of 8-8-1997, ch. XII, art. IV, 4.1, 4.2; Res. of 4-19-2018(2)) (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 54-115. - Safety regulations. Any person harvesting or transporting timber in Unincorporated Pickens County shall adhere to the following safety regulations: 1. No equipment, trucks, trailers or machinery shall be allowed to park on a public road or its right-of-way. 2. Any logging operation in Unincorporated Pickens County, or within one- thousand feet (1,000 ft.) of the Pickens County line if outside of Pickens County but utilizing a public road for access to the property, shall post at least two signs in both directions of the truck road entrance as follows: one sign five-hundred feet (500 ft.) from such entrance stating "SLOW, TRUCK ENTERING HIGHWAY" and one sign one-thousand feet (1,000 ft.) from such entrance stating "WARNING LOGGING OPERATION AHEAD". a. Each sign shall be forty-two inches (42 in.) by forty-two inches (42 in.), orange in color, and posted at least three feet (3ft.) from the travel surface of such road. b. Such signs shall be maintained in such a manner so as to be easily visible by approaching traffic. 3. Each logging operation shall furnish their own signs, which must be in substantial compliance with the regulations stated in this Section. (Ord. of 8-8-1997, ch. XII, art. V, § 5.1; Res. of 2-26-2009, § 1(Exh. Res. of 4­ 19-2018(2) (Ord. of 8-18-2025 § 1 (Exh. Page 30 of 30