On the agenda: Madison meeting — Data Center (Sep 1)

MORGAN COUNTY COMMISSION
AGENDA
September 01, 2026
10:00 AM
150 East Washington Street, Madison, GA
2nd Floor Board Room

Pledge and Invocation
Agenda Approval
Minutes
1. August 4, 2026 BOC Meeting
2. August 18, 2026 BOC Work Session
Consent Agenda
3. Morgan County Planning and Development is requesting a text amendment to the Morgan
County Development Regulations to add a tree ordinance.
4. Morgan County Planning and Development is requesting a text amendment to the Morgan
County Development Regulations to modify language and organization of the development
regulations.
5. Morgan County Planning and Development is requesting a text amendment to the Morgan
County Zoning Ordinance to modify Chapter 7.32 Event Facilities.
6. Morgan County Planning and Development is requesting a text amendment to Table 4.1
Permitted and Conditional Uses of the Morgan County Zoning Ordinance.
7. Hospital Authority Board Applications
8. Purchasing Policy Updates
New Business
9. Alcoholic Beverage License for Irfan Lakhani with Spinx Properties LLC operating as Country
Store BP
10. Renewal of Trinity Services Group Contract for Jail Food Services
11. County Manager Report
12. Public Comments on Agenda Items
13. Commissioner Comments

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August 4, 2026
BOC Regular Meeting

THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY, MADISON,
GEORGIA, MET THIS DAY IN REGULAR SESSION.
THE MEETING WAS HELD ON THE SECOND FLOOR OF THE ADMINISTRATION BUILDING.

PRESENT: Chairman Blake McCormack, Vice-Chairman Ben Riden, Jr., Commissioners
Philipp von Hanstein, Nathan Park, and Carl Jones.
STAFF:

County Manager Adam Mestres, County Attorney Patrick Jaugstetter, and County
Clerk Kim Cox.

ABSENT:

Assistant County Manager Mark Williams

The meeting was called to order at 10:00 a.m., followed by the Pledge of Allegiance and
Invocation.
AGENDA APPROVAL
Motion by Commissioner Park, seconded by Commissioner Jones, to move Item # 9, Discussion of the
Recreation Commission and Advisory Board, from the Consent Agenda to Unfinished Business. Motion
passed unanimously.

Motion by Commissioner Park, seconded by Commissioner Jones, to approve the agenda as
amended. Motion passed unanimously.
SCHEDULED PUBLIC COMMENTS
Clayton Bearden made public comments and gave a presentation regarding the closure of the
Apalachee dumpster site.
Geraldine Cooper and Rosie Crawford addressed the Board and requested that the road at
Wallace Grove Baptist Church in Rutledge be paved.
MINUTES
July 7, 2026 BOC Meeting
Motion by Commissioner Park, seconded by Commissioner Jones to approve the July 7, 2026,
BOC Meeting Minutes. Motion passed unanimously.
July 9, 2026 1st Millage Rate Public Hearing
Motion by Commissioner Jones, seconded by Commissioner Park to approve the July 9, 2026, 1st
Millage Rate Public Hearing Minutes. Motion passed unanimously.
July 21, 2026, 2nd Millage Rate Public Hearing
Motion by Commissioner Jones, seconded by Commissioner Park to approve the
July 21, 2026, 2nd Millage Rate Public Hearing Minutes. Motion passed unanimously.
July 21, 2026, 3rd Millage Rate Public Hearing
Motion by Commissioner Jones, seconded by Commissioner Park to approve the
July 21, 2026, 2nd Millage Rate Public Hearing Minutes. Motion passed unanimously.
July 21, 2026, BOC Work Session
Motion by Commissioner Park, seconded by Commissioner Jones to approve the
July 21, 2026, BOC Work Session Minutes. Motion passed unanimously.
Page 1 of 2

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August 4, 2026
BOC Regular Meeting

CONSENT AGENDA
PSC Roof Replacement
Motion by Commissioner Park, seconded by Commissioner Riden to approve the Consent
Agenda. Motion passed unanimously.
ASSURANCE CONTRACT FOR PROPERTY TAX CONTRACT
County Manager Adam Mestres presented the Master SAAS Agreement between Nitorco, Inc.
(Assurance) and the Morgan County Tax Commissioner for hosted software and related support services.

Motion by Commissioner Riden, seconded by Commissioner Park, to approve the contract with
Assurance for Property Tax Services. Motion passed unanimously.
NEW INFORMATION ON A COMPLETE PUBLIC SAFETY RADIO SYSTEM
DISCUSSION
The Board discussed questions and concerns regarding the previously approved Motorola P25
radio system for public safety communications.
Commissioner Park stated that he would like to go on record as standing by his original vote in
support of the P25 system.
Commissioner McCormack stated that he supported the P25 radio system based on the
recommendations of the Fire Chief, Assistant County Manager, and Chief Deputy.
DISCUSSION OF RECREATION COMMISSION AND ADVISORY BOARD
County Attorney Patrick Jaugstetter presented a draft ordinance establishing a Recreation
Advisory Board to advise the Board of Commissioners on parks and recreation matters.
Motion by Commissioner Park, seconded by Commissioner Riden, to table the discussion until the
August 18, 2026 Work Session under Unfinished Business. Motion passed unanimously.

COUNTY MANAGER REPORT
County Manager Adam Mestres presented a monthly overview of Morgan County
government's current projects and/or issues.
PUBLIC COMMENTS ON AGENDA ITEMS
George Coats of Madison made public comments regarding agenda items.

COMMISSIONER COMMENTS
Commissioners made comments and gave updates on liaison assignments.
Motion by Commissioner Park, seconded by Commissioner Riden to adjourn at 11:40 am. Motion
passed unanimously.

_____________________________
Blake McCormack, Chairman
ATTEST:
_____________________________
Kim Cox, County Clerk

Page 2 of 2

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MORGAN COUNTY PLANNING AND DEVELOPMENT
150 East Washington Street, Suite 200
P.O. Box 1357
Madison, Georgia 30650
(706)342-4373 Office ∙ (706)343-6455 Fax

Memorandum
Date: August 7, 2026
To: Morgan County Board of Commissioners
From: Tara Cooner
RE: August Planning Commission recommendation
The following is a summary of the Planning Commission discussions and recommendations from the
August 6, 2026 Planning Commission meeting.
I.

Morgan County Planning and Development is requesting a text amendment to the Morgan
County Development Regulations to add a tree ordinance.

The proposed tree ordinance will only apply to major subdivisions with more than 5 lots. The goal of the
ordinance is to protect the greenspace of Morgan County and provide regulations and guidance to
developers related to clearing land for subdivisions, protecting native tree species and removing invasive
trees. The language requires a developer to keep or plant an average of 100 caliper inches of trees per acre
with a minimum of 20 caliper inches per lot. The average allows developers the flexibility to create active
open space areas while the per-lot minimum prevents them from clear cutting all trees from areas to be
divided into lots. Plans related to the tree ordinance would be required when preliminary plans are
submitted. No public was present at the meeting for comments. The Planning Commission requested
minor clarification and voted unanimously to recommend approval.
II.

Morgan County Planning and Development is requesting a text amendment to the Morgan
County Development Regulations to modify language and organization of the development
regulations.

Despite the number of pages in this text amendment, the number of actual modifications is minor. These
chapters required only clarification of terms and updated or new definitions. The intent of submitting
these chapters together is to get though those chapters needing minor changes to allow focus on the
upcoming Development Regulations chapters that incorporate more changes. No public was present at
the meeting for comments. The Planning Commission requested minor clarification and voted
unanimously to recommend approval.
III.

Morgan County Planning and Development is requesting a text amendment to the Morgan
County Zoning Ordinance to modify Chapter 7.32 Event Facilities.

This language is regarding the text in the Event Facility ordinance that allows non-profits to by-pass event
facility approval and operate outside of the ordinance regulations. Two properties have taken advantage of
this wording (both in District 3) and events at both resulted in numerous complaints due to events taking
place too close to property lines, too close to adjacent residences and parking on the county right-of-way.
The original intent of the wording was to assist existing non-profits such as Camp Twin Lakes and the

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Stephan Thomas Museum, but time has proven that those organizations and other local non-profits do not
need the exemption from the ordinance because they are either grandfathered in or regularly use approved
event spaces.
Specifically, the request is to remove the language allowing for non-profits to be exempt from Chapter
7.32 of the Morgan County Zoning Ordinance.
No public was present at the meeting for comments. The Planning Commission had no questions and
voted 8:1 to recommend approval. Jeff Farese dissented.
IV.

Morgan County Planning and Development is requesting a text amendment to Table 4.1
Permitted and Conditional Uses of the Morgan County Zoning Ordinance.

This agenda item included two requests for Table 4.1:
1. Removing the use “Data Management and Data Processing Facility” from the permitted and
conditional use table. This language will be replaced by “Data Center” when the forthcoming data
center ordinance is approved.
2. Changing the note related to the use of metal siding from “No attached or detached single family
dwellings, accessory dwelling, or tenant dwelling shall have metal siding” to “Architectural metal
siding shall be reviewed for suitability and will be subject to design merit, provided the siding is 24
or heavier gauge.” The purpose of the request is to allow the use of metal siding that was approved
earlier this year for major subdivisions in the rest of the unincorporated county. The Planning
Commission debated the gauge, which is a heavier quality that typically seen in residential
construction with the admission that the recommended 24 gauge would prevent oil canning (waves
or ripples) frequently seen with lighter gauges. Discussion about the affordability of metal siding
revealed that even the lighter gauge is more expensive that hardi-board siding, making the cost
effectiveness of metal siding over other siding options a moot point. The Planning Commission
favored the lighter 26 gauge allowed in surrounding counties. No public was present at the meeting
for comments. The Planning Commission voted unanimously to recommend approval of the
request to remove “Data Management and Data Processing Facility” from the use table and to
approve the allowance of metal siding with a lighter gauge: “Architectural metal siding shall be
reviewed for suitability and will be subject to design merit, provided the siding is 26 or heavier
gauge.” Changing the gauge will create a difference in what is allowed in general and what is
allowed in major subdivisions under the house form standards, requiring higher quality metal
siding in subdivisions. The BOC may want to consider the additional requirement for stamped
architectural metal siding, which will help hide any oil canning present with the lighter gauge.

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Purpose
The purpose of this section is to preserve, protect, and enhance existing trees and mitigate the effects of
tree removal within Morgan County related to new development. Trees, particularly native species, add
natural beauty and distinct local character, add shade, promote water conservation, provide locations
for habitat, and increase property values. The provisions of this section are intended to support the
long-term viability of healthy trees and promote natural ecological, environmental, and aesthetic quality
in the county. The clear cutting of developments is prohibited.
Applicability
The provisions of this section shall apply to any activity that requires the issuance of a land development
permit for residential developments of more than five (5) lots, tree ordinance requirements apply
to the entire development and to each individual lot.
Exemptions
The following activities are exempt from this section:
(a) Trees within existing and proposed public or private rights-of-way, and utility easements.
(b) Agricultural operations, including land clearing for legitimate agricultural purposes.
(c)

Tree nursery and horticultural operations.

(d) Forestry operations, including land clearing for legitimate timber harvesting purposes.
(e) Removal of any tree that the Director of Planning and Development or their designee has
determined that is a public nuisance or danger to human life or property or any tree found to be
diseased, hazardous, dying, dead, or infested with insects. The property owner or developer may
elect to hire a licensed professional to confirm or reverse the County’s determination.
Appeals
The Board of Commissioners shall consider an appeal request, if it determines that compliance with this
section creates undue hardship for the applicant. The applicant must submit a written appeal identifying
the issues that make complying with this section a hardship and must submit an alternate plan for
consideration. At the appeal hearing the Board of Commissioners shall hear arguments and decide
whether to uphold the administrative decision, modify the administrative decision, or negate the
administrative decision. The decision of the Board of Commissioner’s shall be final. Fees related to the
appeal process may apply.
Tree density and preservation of existing trees.
An emphasis of this section is the preservation of as many existing trees as possible. Therefore, inch-forinch credit will be given for preserving existing trees with the exception of invasive trees.
(a) All trees to be counted toward meeting the required tree density requirements shall be
inventoried. Existing tree inventory information (caliper or DBH and genus) shall be shown on the
tree plan and must be provided by a licensed professional along with a statement that the provider
conducted the inventory in the field.

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(b) To aid preservation efforts, applicants shall have the option of moving existing trees to prevent
their damage or destruction by development activities. To receive credit for transplanted trees, the
following standards shall be adhered to:
(1) Trees shall be less than ten inches caliper measured six inches above grade;
(2) Trees shall remain within the planting areas of the parcel;
(3) Trees shall not be moved to or from stream buffers or wetlands.
(c)

Tree protection areas for residential developments shall be located in common areas, or in buffers
required to be undisturbed by zoning or other regulations. Tree protection areas must also be
located on individual lots, the lots shall be of sufficient size to reasonably expect the trees to be
preserved at the completion of the building process.

(d) Every lot in a residential development shall have trees, either preserved or planted. Planted trees
shall be used to supplement preserved trees within the development and on individual lots to meet
the minimum number of inches per acre for residential lots. Developments with no trees prior to
land disturbance permit shall utilize planted trees to meet the required inches per acre. All planted
trees shall be a minimum of two caliper inches and shall be shown on the required Site or Tree
Protection Plan. This requirement shall apply to the developer or homebuilder, whoever is the
responsible party at the issuance of the certificate of occupancy for the individual lot.
(e) Residential developments with more than 5 lots shall maintain a minimum average of 100 inches
per acre within the development, including within common areas. This requirement shall apply
regardless of tree coverage prior to development planning. Further, the following shall apply:
1. Each residential lot shall preserve or plant a minimum of 20 caliper inches of trees.
Developments that are formerly open pasture shall preserve or plant more heavily wooded
areas within the development to satisfy the remaining minimum number of inches per acre
after inches per lot are addressed;
2. Preference shall be given to specimen trees (see below) and trees within sensitive
environmental areas, such as wetlands, floodplains and areas bordering creeks or streams;
3. Developments seeking open space recreation areas shall preserve or plant more heavily
wooded areas within the development to satisfy the minimum number of inches per acre;
4. Trees within the right-of-way, or partially within the right-of-way, adjacent to a development
shall not apply to the minimum requirements for this Chapter;
The applicant shall provide a tree plan demonstrating both responsible canopy preservation and tree
replacement inches on sites submitted for development in accordance with this section. All trees
designated for replacement shall be on an inch-for-inch basis. The density may be achieved as
follows:
(1) Counting existing trees (inches measured at DBH) to be preserved with no impact to critical
root zone.
(2)

Planting new trees (minimum two-inch caliper) for lots that do not meet the required
densities as designated herein.
Formula example for residential development:
Acreage x 50 inches = required inches per acre
Example: 3.2 acres x 50 inches = 175 inches required

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The minimum required inches per acre shall be calculated and established pursuant to the
formula as shown above and calculations shall be in a prominent location on the tree
preservation and replacement plan.
(3)

Shrubs shall not be given credit.

Tree selection and preservation
Specimen Trees
A specimen tree is any tree which qualifies for special consideration for preservation due to its size,
type, and condition. The following criteria are used by the county to identify specimen trees. Both
the size and condition criteria must be met for a tree to qualify.
(1) Minimum Size Criteria:
a.

b.
c.

Twenty-four-inch caliper at DBH—Oak, Beech, Ash, Black gum, Sycamore, Hickory,
Maple (does not include Silver Maple), Pecan, Walnut, Magnolia (does not include
Bigleaf Magnolia), Persimmon, Sourwood, Cedar, Cypress, Redwood.
Thirty-inch caliper at DBH—Tulip Poplar, Sweet Gum, River Birch, Silver Maple.
Ten-inch caliper at DBH—American Holly, Dogwood, Redbud.

(2) Condition Criteria:
a.
b.
c.
d.

Life expectancy greater than 15 years.
Relatively sound and solid trunk with no extensive decay or significant structural
deficiencies.
No more than two major and/or several minor dead limbs (excluding pine for minor
limbs).
A radial trunk dieback of no more than 20 percent or a canopy dieback of no more than
30 percent.

(3)

Small trees can be classified as specimen trees if of a rare or unusual species, of exceptional
quality, or socio-historical significance. Small trees may also qualify as specimen if used in a
landscape as a focal point of the design. In order to claim this credit, the applicant shall
submit a letter from a licensed professional stating that the tree(s) meet these qualifications.

(4)

The licensed professional report for each specimen tree impacted by a proposed
development requiring a land disturbance permit shall be submitted to the County to
determine whether that tree meets the condition criteria for specimen status. The report
must be prepared and signed by a licensed professional. The report shall contain the
following information:
a.
b.
c.
d.
e.

Site plan showing an accurate surveyed location of the tree;
Identification/verification of the tree's size, genus and species;
Description of the surrounding site conditions;
Detailed description of the tree's condition; and
Digital photographs to illustrate any defects which would disqualify the tree from
specimen status.

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(5)

The final determination of specimen tree status will be made by County staff after reviewing
the report.

Removal of Specimen Trees
Specimen trees removed after being designated for preservation on an approved plan must be
replaced on an inch-for-inch basis with tree species with potential for comparable size and quality,
regardless of the 100 inches per acre requirement. If a tree is removed without approval and there
is no evidence of its condition, size alone shall be the determining factor for replacement.
a. If a specimen tree is to be removed, a plan or written documentation indicating the reason
for removal must be submitted to the County.
b. The removal of any specimen tree impacted by a proposed development shall be mitigated
by replacing the removed specimen tree with minimum four caliper inch trees of
comparable species on an inch-for- two inch replacement basis.
Example: Twenty-four-inch Oak would require replanting 12 four caliper inch trees [24x2=48
replacement inches required; 48 / 4 = 12 trees]. These replacement trees are in addition to the
minimum 100 inches per acre for a particular site.
To encourage the preservation of specimen trees and the incorporation of these trees into the
design of new development projects, the following incentive is offered: Preserved specimen trees
shall receive one and one-half (1.5) x inches DBH.
Champion Trees
Champion trees are identified by the Georgia Forestry Commission as the state’s largest trees, based on
species. Several Champion Trees have been designated in Morgan County. Developers shall confirm with
the Georgia Forestry whether Champion Trees are located on a development site. Designated trees shall
not be cut or harmed during development activities and sufficient space shall be maintained to protect
the root system at all times. Champion Trees removed from the property shall result in fines. The
following substitution shall be allowed for designated Champion Trees located on the development
property: Champion Trees shall receive three (3) x inches DBH.
Invasive Trees
When reviewing existing trees, all efforts shall be made to remove invasive trees prior to those native to
the area. Primary invasive trees are Tree of Heaven, Mimosa, Bradford/Callery Pear, Empress, Privet,
Autumn Olive and Paper Mulberry. A full list of invasive trees may be obtained from Georgia Forestry
Commission. To encourage the removal of invasive species prior to native trees, preserved invasive
trees shall receive one quarter (.25) x inch DBH.
Tree protection standards.
Allowing enough space for a tree's root system is a critical factor in tree protection throughout the
development process. Disturbance within this critical root zone can directly affect a tree's chances for
survival. To protect trees, the following standards shall apply:
(a)

Site layout should be designed to accommodate tree protection areas.

(b)

Construction activities shall be arranged to prevent encroachment into tree protection areas.
Encroachment of up to 10 percent into the critical root zone of individual preserved trees

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shall be allowed providing no chemicals are used within the critical root zone. Encroachment
beyond 10 percent into the critical root zone of individual preserved trees shall be prohibited.
No encroachment is allowed into the critical root zone for specimen trees or designated
Champion Trees.
(c)

No disturbance whatsoever shall occur within tree protection areas without prior written
approval. Disturbance permitted with approval from the County shall be limited to general
maintenance (i.e., removal of dead trees and/or cleaning of underbrush by hand). Use of
machinery shall not be allowed within the tree protection area.

(d)

Active protective tree fencing shall be installed along the outer edge of and completely
surrounding the critical root zones of all specimen trees or stands of trees designated for
preservation prior to land disturbance.

(e)

Tree protection fencing shall be minimum four feet high and made of orange laminated
plastic netting with wooden posts and rail fencing or other equivalent material as approved
by the County.

(f)

All protection zones shall include signage in English and Spanish that identifies the areas as
tree protection and preservation zones and include the name and phone number of the
developer or designated agent.

(g)

All tree protection fencing shall be installed prior to any clearing, grubbing, or grading and
shall be maintained in functioning condition throughout all phases of development and
construction.

(h)

Once tree protection areas are established and approved, any changes are subject to review
and approval.

(i)

Applicants shall notify any adjacent property owner a minimum of 14 days prior to
construction dates (copy of notification to be provided to County for permit file) if visual
assessment identifies boundary tree root plates are potentially within the proposed limits of
disturbance. Any and all subsequent tree matters shall be a civil matter between the property
owner and the applicant.

Tree replacement standards.
(b)

Replacement trees shall be ecologically compatible with the intended growing site, contribute to
the diversity of the forest, and add to the aesthetic quality of the County.
(1)

The spacing of replacement trees shall be compatible with spatial site limitations with
responsible consideration towards species sizes when mature. Typical spacing for
overstory/street trees is 40 feet on center, with no overstory tree being planted less than 25
feet on center from any other tree.

(2)

In the event that existing overhead power lines prohibit the planting of required overstory
trees, an appropriate understory tree species may be selected and approved for required
inches according to accepted silviculture standards and as approved by the impacted utility.

(c)

Native species trees are to be prioritized. A list of Georgia native trees may be obtained from
Georgia Forestry Commission. Use of a species not shown on these lists is subject to approval,
according to accepted silvicultural standards.

(d)

Planting of replacement trees within utility, storm drainage, or sanitary sewer easements is not
acceptable, and no credit will be allowed toward the required inches per acre.

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(e)

Trees and plants selected for planting must meet the minimum requirements as provided in the
"American Standard for Nursery Stock" (ANSI Standards latest edition).

(f)

Each development site or individual lot shall contain trees of sufficient number, size, and type to
achieve the minimum required tree density. Total replacement units shall be gathered by using as
diverse a palette of species of trees as possible. However, a minimum of 60 percent of the total
replacement units required for any parcel shall be achieved in the form of overstory trees. When
fewer than ten (10) trees are shown to be planted on a project, one genus may be specified. When
ten to 50 trees are shown, a minimum of three genus of trees are required. When more than 50
trees are shown, a minimum of five genus of trees are required.

(g)

When ten or more trees are to be planted:
(1)

No single genus shall represent more than 50 percent of the required inches per acre.

(2)

Native vegetation shall be used to satisfy the replacement requirements of this chapter to the
greatest practical extent.

Tree Plan
A tree plan shall be required for all applicable developments as part of the preliminary plat approval.
The tree plan is comprised of three parts: the tree survey plan, the tree protection plan and the tree
replacement plan.
(a)

The Tree Survey Plan shall be in the form of a to-scale map or a site plan prepared and sealed by a
licensed professional noting the location of all specimen trees or stands of trees plus all other trees
which will be preserved and counted toward meeting site density requirements. It should also
include the following information:
(1)

All specimen trees and their critical root zones shall be labeled and must be shown on the
survey and inventoried by size and species. This includes those specimen trees that are to be
preserved as well as those proposed for removal.

(2)

The critical root zone of boundary trees that are located on neighboring properties whose
critical route zone extends on to applicant's property shall be shown.

(3)

All other trees that are to be counted toward meeting density requirements shall be shown
on the survey and inventoried by size and species. Only trees with a DBH measurement of
two inches or greater are to be identified as eligible for density compliance. Existing trees less
than two inches DBH will not be counted toward the required density.

(4)

Trees that measure less than two inches DBH, and thus can't be counted toward the density
requirements, do not have to be counted and shown individually on the plan.

(5)

Sampling methods may be used to determine tree densities for forested areas over five acres.
For the purpose of this section, a plot sample is defined as an area measuring 50 feet by 50
feet, for a minimum size of 2,500 square feet. Sampling areas shall be located within the
limits of a tree protection area. The sample must be taken in a portion of the site that is
representative of its cover-type. The tree protection plan must delineate all ground covertypes and provide a general description of the types of trees present within the tree
protection area (i.e., hardwoods, pine/hardwood mix, etc.).

(6)

Show all areas of proposed land disturbance along with tree protection zones, tree save
areas, and buffers with existing trees on the plan.

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(b)

A Tree Protection Plan is a detailed plan designed to protect and preserve trees before, during and
for a period of two years after construction. The Plan shall include the following:
(1)

The type, location and size as measured at the diameter breast height of the tree(s)
constituting those to be protected. Only trees designated on the Tree Protection Plan will be
counted toward density requirements.

(2)

Locations of all specimen trees and their critical root zones. Indicate specimen trees proposed
for removal or for preservation. Removal of specimen trees is subject to approval. Any
specimen tree proposed for removal is to be identified in terms of exact location, size, and
species.

(3)

Location of any Champion Trees, including exact location, size, species and Georgia Forestry
Commission designation information.

(4)

All tree protection zones, natural areas, landscaped areas, buffers, and areas of re-vegetation.
Include detailed locations and specifications for active and/or passive tree protection
measures. Methods of tree protection should be indicated for all tree protection zones,
including tree fencing, erosion control, retaining walls, tunneling for utilities, aeration
systems, transplanting, staking, signage, etc.

(5)

Limits of clearing and land disturbance such as grading, trenching, etc., where these
disturbances may affect tree protection zones.

(6)

The locations of all existing and proposed utility lines or easements. Include the location for
any boring sites for underground utilities.

(7)

Individual lot utilities must be addressed on the plan to confirm preserved trees and their
critical root zones, and proposed planted tree locations, will not impact the septic system,
municipal water lines, well systems or gas lines. Appropriately sized areas for drainfields must
be identified per lot if utilizing septic tanks

(8)

Indication of staging areas for parking, material storage, concrete washout, and other areas
where tree protection may be affected.

(9)

A delineation of tree save areas in which trees have been inventoried for minimum site DBH
calculation.

(10) Calculations showing compliance with the required minimum site DBH density using existing
trees, replacement/recompense trees, and/or alternative compliance methods. Site density
compliance shall be demonstrated on both the Tree Protection and the Tree Replacement
plans. Existing trees or stands of trees used in determining the minimum site DBH density
requirement shall be indicated on the drawings.
(11) Site area (roads, utility lines, detention ponds, etc.).
(12) The locations of existing and proposed structures, paving, driveways, land disturbance, cut
and fill areas, detention areas, etc.
(13) Phase lines and/or limits of construction.
(14) Location and details for all permanent tree protection measures (tree wells, aeration systems,
permeable paving, retaining walls, bollards, etc.).
(15) Additional information as required on a case-by-case basis or as requested.

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(c)

The Tree Replacement Plan includes the planting schedules along with proposed tree names
(botanical and common), quantity, size, spacing and any special planting notes. Native trees are to
be prioritized when choosing species.
(1)

Trees selected for planting must be free from injury, pests, disease, nutritional disorders or
root defects, and must be of good vigor to assure a reasonable expectation of survivability.
Standards for transplanting shall be in keeping with those established in the International
Society of Arboriculture publication Tree and Shrub Planting Manual or similar publication.
Reference the American Association of Nurserymen publication American Standard for
Nursery Stock (ANSI Z60, 1973) for plant material quality specifications. Reference the Manual
of Woody Landscape Plants (Michael Dirr, 1983, Castle Books) or similar publication for
information on tree species site requirements.

(2)

The Tree Replacement Plan shall also reflect the following requirements:

a. Replanted trees shall be of the same or similar species as those removed when practical
unless a change in species is appropriate to achieve the requirements of this section.
b. The use of flowering ornamental trees or plants classified as large shrubs may be included in
the Tree Replacement Plan but shall not be used for the purpose of meeting the density
calculations for the site unless approved.
c. All overstory trees shall be a minimum of eight feet tall and have a trunk of not less than
two caliper inches. All understory trees shall be a minimum of six feet tall and have a trunk
of not less than two caliper inches. In order to provide sufficient growing area for planted
trees, the following minimum criteria shall be observed unless otherwise approved
1. Overstory Trees - 200 square feet of pervious root zone.
2. Understory Trees - 75 square feet of pervious root zone.
3. Up to 30 percent of root zone may be impervious area.
d. All planting and staking details shall be provided on the plan.
e. All debris from trees cut or substantially damaged should be removed from the site in a
timely fashion including the removal of any portion of the tree stump above the original
natural grade or elevation of land unless otherwise approved for a specific reason such as,
but not limited to, unusually large size or age.

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Continuing maintenance.
(a)

Installation. All landscaping shall be installed in a sound workmanlike manner. Plant materials,
installation and maintenance shall meet the standards incorporated in ANSI Z60.1, American
Standard for Nursery Stock, most current edition, ANSI A 300, Standard Practices for Tree, Shrub
and other Woody Plant Maintenance, most current edition, and as indicated in the project Design
Professional's drawings and specifications. All landscaping is subject to inspection and no
certificate of completion or certificate of occupancy shall be issued unless the landscaping meets
the requirements.

(b)

Maintenance. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly
and severally responsible for the maintenance and protection of all required landscaping for a
minimum period of 2 years after the issuance of a Certificate of Occupancy, in accordance with the
following standards:
(1)

Keep landscaping reasonably free of visible signs of insects and disease and appropriately
irrigated to enable landscaping to exist in a healthy growing condition;

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:
American National Standards Institute, Inc (ANSI). A United States based non-profit organization that
works to develop and promote standards in the United States and around the world.
Applicant. Any person seeking approval to take action under this article.
Boundary tree. A tree on adjacent property with a critical root zone that intrudes across the property
line of the site under consideration.
Caliper inch. The trunk diameter of replacement trees measured in inches at six inches above the soil for
those trees that are less than four and a half inches caliper. For trees greater than or equal to four and a
half inches in diameter at six inches above soil, caliper is measured at 12 inches above the soil.
Clear-cutting. The indiscriminate cutting, plowing, or grubbing of trees without regard to type or size for
the purpose of clearing the land.
Conservation area. A portion of a site left undisturbed and protected from development in perpetuity.
Co-owned tree. A tree growing on two or more different properties, as measured where the trunk of the
tree meets the ground, excluding the root flare. The tree is jointly owned by all property owners.
Critical root zone (CRZ). The critical root zone, also referred to as the root save area, is the area
surrounding a tree that is essential to the tree's health and survival. For a free-standing tree with no
apparent root restrictions, the critical root zone or root save area shall consist of a circle having a radius
of one foot for each one inch of diameter at breast height of the tree.
Dead tree. A tree characterized by skeletal remains with no live twigs and a lack of foliage or total
browning of foliage during the growing season. During dormancy, dead trees are characterized by
peeling or sloughing bark, lack of buds, and dry and brittle twigs.
Destroy. Any intentional or negligent act or lack of protection that is more likely than not to cause a tree
to die within a period of five years, as determined by an Arborist, Forester, Landscape Architect or other

14

qualified professional. Such acts include, but are not limited to: performing grade changes (including
lowering or filling the grade) that affect more than 20 percent of the critical root zone; trenching of
roots; cutting, girdling or inflicting other severe mechanical injury to the trunk, roots or other vital
sections of the tree; removing in excess of 20 percent of the live crown of the tree; inflicting damage
upon the root system of a tree by the application of toxic substances, including solvents, oils, gasoline
and diesel fuel; causing damage by the operation of heavy machinery; causing damage by the storage of
materials; and/or deliberately or negligently burning or setting fire to a tree. In addition, topping,
tipping, or any similar improper pruning practices will be deemed as destruction of a tree.
Diameter at breast height (DBH). The diameter of the main stem(s) of a tree measured at four and a half
feet (54 inches) above the natural grade at the base of the tree, typically measured in inches. For a tree
with three or more stems, the DBH shall be calculated as the diameter of the largest stem plus one-half
of each additional stem. The diameter of the top of a stump less than four and a half feet tall shall be
considered the "DBH" of an illegally destroyed tree for the purpose of calculating recompense.
Disease. Any fungal, bacterial, or viral infection that will result in the death of the tree, as determined by
a licensed professional. Disease shall also mean any fungal, bacterial or viral infection that has
progressed to the point where treatment will not prevent the death of the tree, as determined by a
licensed professional.
Drip line. An imaginary line extending from the external boundary of a tree’s canopy to the ground.
Dying tree. A tree that is diseased, injured, or in terminal decline due to the extent that death is more
likely than not within two years.
Environmentally sensitive area. Area(s) of a property that includes important environmental features
eligible for special protection under County, State, or Federal regulations based upon its ecological
value, including without limitation wetlands, floodplains, perennial and intermittent streams, riparian
buffers, stands of trees, historic trees, and other significant aspects of the natural environment on site.
Floodplain. Area(s) of land with natural or constructed contours of elevation at or below the base flood
elevation shown on the flood hazard district maps adopted and those areas of land which are not so
shown in the flood hazard district maps where inundation is likely to occur during a base flood as
determined by engineering studies to determine the probable depth of such floodwaters.
Flush cutting. The removal of limbs by cutting immediately adjacent to the trunk, destroying the
protective branch collar and exposing the trunk to decay organisms.
Forested site. Any site that meets the following conditions:
i)
80% or more canopy cover.
ii)
a minimum of 1,000 DBH inches per acre. and/or
iii)
50 or more mature trees per acre.
Good condition (of a tree). A tree that has minor or no problems with its root, trunk, major branches,
twigs, or foliage is in good condition. Minor pathological problems may be present but may not be
severe. Overall color and shoot growth are typical for the species, and canopy foliage has not
significantly declined.
Hardship. A unique or otherwise special existing condition that is not addressed by the ordinance.
Hazardous tree. A tree with uncorrectable defects severe enough to pose a present danger people or
buildings under normal conditions within a two-year time period, as determined by a licensed
professional, or a tree which is determined by a licensed professional to be in imminent likelihood of
failure is considered to be hazardous.

15

Healthy tree. For the purposes of this article, all trees that have not been issued a dead, dying, or
hazardous removal permit are considered to be healthy.
Historic tree. A tree that has been designated by the Board of Commissioners, upon application by a
licensed professional or any other interested person, to be of notable historic value and interest
because of its age, size, or historic association, in accordance with arboricultural specifications and
standards of practice. Such designation may occur only by resolution of the Board of Commissioners,
and the Planning and Development Director shall maintain a complete listing of the location of each
historic tree.
Imminent likelihood of failure. A tree for which failure has started or is most likely to occur in the near
future, even if there is no significant wind or increased load has an imminent likelihood of failure. This
condition occurs infrequently and may require immediate action to protect people from harm. Examples
of imminent likelihood of failure include without limitation: sudden change of pitch of the main stem;
cracked or heaved soil opposite the tree’s lean; visibly raised root plate; and cracks or breaks in the main
stem or large leader.
Impact. Any legal or illegal action that damages a tree. Damage may result from, but is not limited to,
grading, filling, soil compaction or other land disturbance within a tree’s critical root zone; mechanical
injury to any part of a tree; spiking; vandalism; improper or excessive pruning; and allowing toxic
substances such as herbicides, gas, brine water, oil, liquid dye, or other substances deleterious to tree
health to come in contact with soil within the critical root zone.
Injury. See impact.
Invasive Tree or Invasive Species. Invasive trees are non-native tree species that pose a threat to native
ecosystems. A current list of invasive trees is maintained by and available from a licensed professional.
The list of invasive trees periodically, based on the list of invasive species published by the Georgia
Invasive Species Council, scholarly research, and consultation with professional arborists, ecologists, and
foresters.
Land disturbance. For purposes of this article, land disturbance refers to any human-made change to
improved or unimproved property that includes, but is not limited to, construction of buildings or other
structures, soil compaction, filling, clearing and grubbing, grading, paving, installation of impervious
cover, excavation or drilling, storage of equipment or materials, or any other construction activity.
Licensed Professional. For the purposes of this section, a professional holding a license as an Arborist,
Forester, or Landscape Architect.
Mature tree. A mature tree is defined as a tree that has reached a significant portion of the maximum
potential height for the species. This stage is typically marked by the cessation of height growth and
reduced shoot elongation, while the diameter growth of stems, branches, and roots, continues,
contributing to the tree’s overall size and strength. Mature trees also develop the ability to reproduce,
marked by the production of flowers, fruits, or nuts. The onset and duration of the mature stage varies
by species. For example, oaks and other slower growing trees may reach maturity after 25 to 40 years
and continue to produce acorns for centuries. In contrast, the timescale for faster growing species may
reach maturity in a shorter timescale.
Midstory tree. A midstory tree normally attains a DBH of 10 to 25 inches, a height of 30 to 60 feet, and
approximately 900 square feet of canopy at maturity.
New lot of record. A tract of land that has been newly subdivided and so recorded as a separate
property of record.

16

Nuisance tree. A tree with uncorrectable defects severe enough to pose an imminent danger to people
or buildings on public property under normal conditions, as determined by a licensed professional.
Overstory tree. An overstory tree normally attains a DBH in excess of 25 inches and a height in excess of
60 feet, and approximately 1,200 square feet of canopy at maturity.
Pine. Tree species that are a member of the genus Pinus; does not include other needled trees
commonly known as cedar, fir, spruce, hemlock, or any other members of the family Pinaceae.
Planned development. Any non-residential or residential development.
Private property tree. For the purposes of this article, a tree shall be considered a private property tree
if more than 50 percent of the trunk of the tree, excluding the root flare, is located on private property.
Pruning. The selective removal of plant parts. For the purposes of this article, proper pruning may not
include the removal of more than 20% of the live crown of a tree within a two-year period, and cuts
must be made in accordance with ANSI A300 series of standards for tree care management. At no time
shall trimming, tipping, or flush cutting of trees be deemed a form of pruning.
Public linear infrastructure project. Construction or maintenance of infrastructure that is linear in form,
including but not limited to public roadways, sidewalks, trails, and water, sewer, electrical, gas, phone,
internet and other similar utility projects is referred to as linear infrastructure.
Public property tree. For the purposes of this article, a tree shall be considered a public property tree if
at least 50 percent of the trunk of the tree, excluding the root flare, is located on public property.
Regulated tree (private property). Any tree other than a pine with a DBH of six inches or greater, or a
pine with a DBH of 12 inches or greater.
Replacement tree(s). New trees planted to restore the lost public value of healthy trees that are
removed or destroyed according to the requirements of this article are referred to as replacement trees.
The size of replacement trees is expressed in caliper inches.
Residential Development. For the purposes of this section, development of a parcel of land into more
than five (5) lots or individual residential structures.
Responsible party. Any person(s) or entities whose actions or failures to act violate this article, including
without limitation any person who knowingly allows his or her agent or contractor to violate this article.
Where a tree is destroyed or impacted in violation of this article, there may be more than one
responsible party. A responsible party may include without limitation: the owner of the property on
which a tree of concern is located; an agent of the owner; a tree removal company; a builder or
developer; or a grading contractor or landscaper.
Saved tree. A saved tree for the purposes of this article is a tree that is to be protected and not
destroyed during construction in the manner specified by this article.
Severe mechanical injury. A wound or combination of wounds, measured at their widest extent, that
expose or destroy the cambium layer of 30 percent or more of the circumference of the tree.
Standard replacement. The replacement tree requirement is measured in caliper inches. The required
replacement is equal to one caliper inch per DBH of each tree destroyed.
Stream buffer. The land and vegetation that is within 100 feet of a perennial or intermittent stream in
which development is prohibited or restricted.
Streetscape. For the purposes of this article, streetscape refers to a zoning mandated street frontage
treatment beginning at the back of curb that includes a sidewalk/walk area/clear zone and at least one

17

of the following: a street furniture/tree planting zone, amenity zone, or a supplemental area.
Streetscapes typically also have requirements for trees or streetlights.
Structural root plate (SRP). The zone of rapid root taper that provides the tree stability against
windthrow. The radius of the root plate is proportional to the stem diameter (DBH) of a tree, excluding
the root flare. The table below provides the radius of the structural root plate as determined by the DBH
of the tree for upright trees without restricted roots. Adjustments to the assumed SRP may be made by
an licensed professional if justified by specific documented site conditions.
DBH
(inches)
SRP
distance
(radius’)

6-7”

8-10”
6’

1114”
7’

1518”
8’

1923”
9’

2431”
10’

3243”
11’

4451”
12’

5257”
13’

5861"
14’

5’

DBH
(inches)
SRP
distance
(radius’)

6264”
15’

6567”
16’

6567”
17’

7273”
18’

7273”
19’

7475”
20’

76-77”

78-79”

21’

22’

8081”
23’

8283”
24’

Tipping. The cutting of a lateral limb in such a manner as to leave a prominent stub extending beyond a
branch node or the trunk.
Topping. The cutting of a leader trunk in such a manner as to leave a prominent stub extending beyond
the node (crotch) of another leader trunk or major branch that may become a leader trunk.
Tree. A self-supporting woody, perennial plant that has a trunk diameter of two inches or more when
measured at a point six inches above ground level and which normally attains an overall height of at
least ten feet at maturity, usually with one main stem or trunk and many branches.
Tree density. The minimum tree coverage required to be growing on a site prior to the issuance of the
certificate of occupancy or completion of permitted work is referred to as tree density. For residential
developments, tree density is measured by the number of trees per acre on a site. For non-residential
developments, tree density is measured by the total DBH inches of trees on a site. Tree density
requirements may be met through trees preserved on site, newly planted trees, or a combination of the
two, in accordance with the requirements of this section.
Tree Survey. A plan or drawing to scale that identifies the exact size, location, condition (healthy, dead,
or declining), and species of protected trees and the disposition of each protected tree during
development. The plan shall indicate whether each protected tree is to be preserved or removed. The
plan shall indicate the location and types of treatments to be utilized to protect trees during
development such as fencing, mulching, root pruning, and other measures.
Understory tree. An understory tree normally attains a DBH of less than ten inches and a height of less
than 30 feet, and a canopy of approximately 400 square feet at maturity.
Utility Easement. An existing recorded public or private linear utility easement or a linear corridor
containing shared utilities on private property. Utility corridor widths are defined by the width of the
recorded easement.

18

Vacant lot. A property of record that has not had a structure on it in the past five years.
Wetland buffer. The land and vegetation that is within 100 feet of a wetland in which development is
prohibited or restricted.

19

Adopted: April 6, 2021

Article 2

Glossary Definitions

Chapter 2.1 Purpose of Article
The following is a glossary of all definitions specifically used in the text of the Development
Regulations. Regarding the interpretation of figures, words and phrases as used in these
regulations, refer to Article 1, Chapter 1.5.
Chapter 2.2 Defined Words and Phrases
AASHTO: The American Association of State Highway and Transportation Officials.
Accessory Structure: A subordinate building or structure, whether detached from or attached to a
principal building, which is customarily incidental and secondary to, and located on the same lot
as, the principal use or building. An accessory structure shall not be used for dwelling purposes
unless expressly permitted by the applicable zoning district. Accessory structures include, but are
not limited to, garages, carports, storage buildings, sheds, gazebos, and similar structures.
Addition (to an existing building): Any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common load-bearing wall other than a firewall.
Any walled and roofed addition which is connected by a firewall or is separated by independent
perimeter, load-bearing walls is new construction. Any expansion to an existing building that is
not walled and roofed, such as an open porch or deck, is not considered an “addition” for flood
damage prevention purposes.
Agency: Any state or any political subdivision thereof, including without limitation, any
municipality, township or county, and any domestic entity or body exercising executive,
legislative, judicial, regulatory, administrative functions of or pertaining to government,
including, without limitation, any corporation or other entity owned or controlled by any of the
foregoing, any court of competent jurisdiction, or commission or governmental or regulatory
authority or instrumentality or authorized arbitral body.
Applicant: A property owner or their authorized representative who has petitioned the County
for approval of a preliminary plat or site plan, development permit, building permit, hardship
variance, administrative appeal, or any other authorization for the use or development of their
property under the requirements of these development regulations.
Application: A petition for approval of a development permit, building permit, hardship
variance, or appeal, or any other authorization for the use or development of a property under the
requirements of these Development Regulations.
Area of Shallow Flooding: A designated AO or AH zone on the flood insurance rate map
(FIRM) with base flood depths from one to three feet, or where a clearly deemed channel does
not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow
may be evident.
Area of Special Flood Hazard: The land in the flood plain within a community subject to a one
(1) percent or greater chance of flooding in any given year.
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Adopted: April 6, 2021

As-Built Survey Drawings: Drawings specifying the dimensions, location, capacities, and
operational capabilities of structures and facilities as they have been constructed.
Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any
given year (100-year flood).
Basement: One or more floors of a building that are completely or partly below ground level.
Best Management Practices (BMP’s): A collection of structural measures practices and
vegetative practices measures which, when properly designed, installed and maintained, will
provide effective erosion and sedimentation control for all rainfall events up to and including a
25-year, 24-hour rainfall event.
Block: A parcel or parcels of land bordered on all sides by highways or streets, other than alleys.
Board of Natural Resources: The Board of Natural Resources of the State of Georgia.
Breakaway Wall: A wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the building or the supporting foundation system.
Buffer Area: A landscaped or naturalized area used to separate and partially obstruct the view of
a development from streets and adjacent or contiguous development.
Buildable Area: That portion of a lot or parcel within which a principal or accessory building or
structure may be lawfully constructed in compliance with all applicable zoning district
requirements, development regulations, and other local, state, or federal regulations. The
buildable area shall exclude required setbacks, rights-of-way, easements that prohibit
construction, floodways, wetlands protected by law, required buffers, and other areas restricted
from development by these Development Regulations or applicable law.
Building Code: The most recent technical codes approved for enforcement or otherwise adopted
or adopted as amended by the County under the Georgia Uniform Codes Act, which regulate the
construction of buildings and structures.
Building: Anything attached to the ground having a roof supported by columns or by walls and
intended for shelter, housing or enclosure of persons, animals or personal property. For purposes
of these regulations, the term “building” includes “structure”, as defined.
Comprehensive Plan: The Comprehensive Plan for Morgan County and the Cities of Bostwick,
Buckhead, and Rutledge, July 18, 2017, as adopted and amended from time to time.
Condition of Zoning Approval: A requirement adopted by the County Commission at the time
of approval of a rezoning or special use, placing greater or additional requirements or restrictions
on the property than provided in these Development Regulations in order to reduce an adverse
impact of the rezoning or special use and to further the protection of the public health, safety, or
general welfare.
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Adopted: April 6, 2021

Contiguous: An area not divided in its entirety by a street or street right-of-way, any right-ofway of a railroad or other public service corporation, or lands owned by others.
Conventional subdivision: A subdivision in which all lots meet or exceed the minimum lot size,
lot width, and all other dimensional requirements of the Zoning Ordinance.
Cut: A portion of land surface or area from which earth has been removed or will be removed by
excavation; the depth below original ground surface to excavated surface. Also known as
“excavation.”
Cutting: The removal of any soil or other solid material from a natural ground surface.
Density: The number of dwelling units permitted per unit of land area, expressed as dwelling
units per acre, calculated using the gross acreage of the development site unless otherwise
specified.
Density, Net: The number of dwelling units permitted per unit of land area, expressed as
dwelling units per acre, calculated by dividing the total number of dwelling units by the net
acreage of the site. Net acreage shall exclude public and private street rights-of-way, floodways,
jurisdictional wetlands, required buffers, required open space, and other areas restricted from
development by these Development Regulations or applicable law.
Developer: See “Applicant.”
Development Permit: The authorization is necessary to initiate and conduct a land-disturbing
activity and to carry out the planned development of land and structures.
Development: Any man-made change to improved or unimproved real estate, including but not
limited to, buildings, or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operation or permanent storage of materials.
Development, Subdivision: The entire original parcel for which subdivision approval is
requested, including all new parcels intended for development, community amenities, recreation
facilities, streets, easements, right of ways and areas to be set aside as open space.
Director: The Morgan County Director of Planning and Development or his/her designated
representative.
DNR Department: The Georgia Department of Natural Resources.
Drainage Structure: A device composed of a virtually non-erodible material such as concrete,
steel, plastic or other such material that conveys water from one place to another by intercepting
the flow and carrying it to a release point for storm-water management, drainage control or flood
control purposes.
Easement: A grant or one or more property rights by a property owner to, or for the use by, the
public, a corporation or a person or entity.
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Adopted: April 6, 2021

Elevated Building: A non-basement building built to have the lowest floor of the lowest elevated
area elevated above the ground level by means of fill; solid foundation perimeter walls; pilings,
columns, posts and piers, shear walls; or breakaway walls.
EPD: The Environmental Protection Division of the Georgia Department of Natural Resources.
EPD Director: The Director of the Environmental Protection Division of the Georgia
Department of Natural Resources.
Erosion: The process by which land surface is worn away by the action of wind, water, ice, or
gravity.
Erosion and Sedimentation Control Plan: A plan for the control of soil erosion and
sedimentation resulting from a land-disturbing activity.
Existing Construction: For the purposes of flood damage prevention requirements, any structure
for which the start of construction commenced before September 9, 1997.
Existing County Street or Road: A street, road or highway located in unincorporated Morgan
County that existed prior to the submission of a final plat for a minor subdivision or existed prior
to the submission of a preliminary plat for a major or private street subdivision. An “existing
road” may be a street or road created through recordation of a final plat for a subdivision, a road
under maintenance responsibility of the County, a legally created private street, or a U.S. or State
numbered highway.
Existing manufactured home park or subdivision: For the purposes of flood damage prevention
requirements, a manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum the installation of utilities, the construction of streets, and final site grading or the
pouring of concrete pads) is completed before September 9, 1997.
Expansion to an existing manufactured home park or subdivision: The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed, including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads.
Fill: A portion of land surface to which soil or other solid material has been added; the depth
above the original ground.
Filling: The placement of any soil or other solid material, either organic or inorganic, on a
natural ground surface or excavation.
Finished Grade: The final elevation and contour of the ground after cutting or filling and
conforming to the proposed design.
Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal
Emergency Management Agency, where the boundaries of the areas of special flood hazard have
been defined.
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Adopted: April 6, 2021

Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard or the risk
premium zones applicable to the community.
Flood Insurance Study: The official report provided by the Federal Emergency Management
Agency evaluating flood hazards and containing flood profiles and water surface elevations of
the base flood.
Flood or Flooding: A general and temporary condition of partial or complete inundation of
normally dry land areas from the:
(a) Overflow of inland or tidal waters; or
(b) Unusual and rapid accumulation or runoff of surface waters from any source.
Flood Plain: Any land area susceptible to inundation by water.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot in upstream flood elevations.
Floor: The top surface of an enclosed area in a building, including basement, i.e., top of slab in
concrete slab construction or top of wood flooring in wood frame construction. The term does
not include the floor of a garage used solely for parking vehicles or storage, or the floor area of
an attic used exclusively for storage.
Grading: Altering the shape of ground surfaces to a predetermined condition; this includes
stripping, cutting, filling, stockpiling and shaping, or any combination thereof, and shall include
the land in its cut or filled condition.
Greenway: An area of land immediately adjacent to the banks of state waters in its natural state
of vegetation, which facilitates the protection of water quality and aquatic habitat.
Ground Elevation: The original elevation of the ground surface prior to cutting or filling.
Highest Adjacent Grade: The highest natural elevation of the ground surface, prior to
construction, next to the proposed foundation of a building.
Historic Structure. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the
U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register.
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district.

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Adopted: April 6, 2021

(c) Individually listed on a state inventory of historic places and determined as eligible by
states with historic preservation programs which have been approved by the Secretary of
the Interior; or
(d) Individually listed on a local inventory of historic places and determined as eligible by
communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
Impervious Surface: Any surface that substantially prevents or restricts the infiltration of
stormwater into the underlying soil, including but not limited to buildings, rooftops, paved
areas, driveways, parking areas, streets, sidewalks, patios, decks, and other similar surfaces,
regardless of material, that are designed or constructed to be impermeable or semiimpermeable.
Improvements: Physical changes to the land which are necessary to create useable lots including
(but not limited to) streets, sewer and water facilities, hydrants, sidewalks, survey monuments,
changes to existing utilities and storm drainage systems.
Issuing Authority: The Morgan County Board of Commissioners, acting through its Director of
Planning and Development as its designated representative, which has been certified by the
Director of the Environmental Protection Division (EPD) of the Department of Natural
Resources (DNR) as an issuing authority, pursuant to O.C.G.A. § 12-7-8. the Erosion and
Sedimentation Act of 1975, as amended, or EPD in those instances where an application for a
permit is submitted directly to EPD.
Jurisdiction: That area over which the governing body has authority for planning, zoning and
development permitting under the Constitution of the State of Georgia.
Lake: A body of water one acre or more in surface area, created either by a manmade or natural
dam or other means of water impoundment.
Land-Disturbing Activity: Any activity that may result in soil erosion from water or wind and
the movement of sediments into state waters or onto lands within the state, including, but not
limited to, clearing, dredging, grading, excavating, transporting and filling of land but not
including agricultural practices that are exempt under the Erosion and Sedimentation Control
Section of the Land Development Activities Article of these Development Regulations.
Lot of Record: A lot which is part of a subdivision lawfully recorded in the office of the Clerk of
Superior Court, or a lot described by metes and bounds, the description of which has been so
lawfully recorded.
Lot: A parcel of land occupied or capable of being occupied by a use, building or group of
buildings devoted to a common use with the customary accessories and open spaces belonging to
the same, which is described in a deed or shown on a plat and lawfully recorded in the office of
the Superior Court of Morgan County.
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Adopted: April 6, 2021

Lot, Corner: A lot abutting two or more streets or roads at their intersection.

Lot, Double Frontage: Any lot, other than a corner lot, which has frontage on two streets.
Lot, Reverse Frontage: A double frontage lot on which access is restricted from at least one
abutting street or road.
Lot Frontage: See “Lot width.”
Lot Depth: The distance measured along a line extending from the lot’s frontage, through the
mid-point of the lot’s width, to the mid-point of the lot line that is most opposite and parallel to
the lot width line. For a lot that has more than one frontage, the depth shall be measured from the
shortest frontage line. For a lot that has no rear property line, the depth shall be measured at a
right angle (90 degrees) to the lot width. For a lot that has more than one rear property line, the
depth shall be measured to the mid-point of the property line most nearly opposite and parallel to
the lot width.
Lot Width: The linear distance between side lot lines measured at the front building line and at
the right-of-way of any street.
Lowest Floor: The lowest floor of the lowest enclosed area, including basement. An unfinished
or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an
area other than a basement, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of other provisions of these
regulations.
Manual for Erosion and Sediment Control in Georgia: A publication of the same name
published by the Georgia Soil and Water Conservation Commission, and as amended or
supplemented from time to time.

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Adopted: April 6, 2021

Manufactured Home: A structure, transportable in one or more sections, which, in the traveling
mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on
site, is 320 or more square feet and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected to the required utilities
and includes the plumbing, heating, air-conditioning, and electrical systems contained therein;
except that such term shall include any structure which meets all the requirements of this
paragraph except the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the secretary of housing and urban development and complies
with the standards established under the National Manufactured Housing Construction and
Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
Mean Sea Level: The average height of the sea for all stages of the tide. It is used as a reference
for establishing various elevations within the flood plain. For purposes of these regulations, the
term “mean sea level” is synonymous with National Geodetic Vertical Datum (NGVD) North
American Vertical Datum of 1988 (NAVD 88).
Mobile Home: A structure, transportable in one or more sections, which, in the traveling mode,
is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is
320 or more square feet and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities and
includes the plumbing, heating, air-conditioning, and electrical systems contained therein and
manufactured prior to June 15, 1976.
Model Home: A dwelling used initially for display purposes that typifies the type of units that
will be constructed in the subdivision.
National Geodetic Vertical Datum (NGVD): As corrected in 1929, is a vertical control used as a
reference for establishing varying elevations within the flood plain.
Natural Ground Surface: The ground surface in its original state before any grading, excavation
or filling.
Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric
analytical techniques for measuring the light scattered by finely divided particles of a substance
in suspension. This technique is used to estimate the extent of turbidity in water in which
colloidally dispersed particles are present.
New Construction: Any structure for which the start of construction commenced after
September 9, 1997, and includes any subsequent improvements to the structure.
New Manufactured Home Park or Subdivision: For the purposes of flood damage prevention
requirements, a manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after September 9, 1997.
Open Space: Land or water areas within a development that are intended to remain
predominantly undeveloped and are designated for the protection of natural resources, scenic
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Adopted: April 6, 2021

qualities, agricultural use, passive recreation, or similar purposes consistent with these
Development Regulations.
Open Space, Common: Open space owned, maintained, and managed by a homeowners’
association, property owners’ association, or similar legal entity for the shared use and benefit of
the residents of a development, subject to recorded covenants or other legally binding
instruments approved by the County.
Open Space, Dedicated: Open space that is conveyed in fee simple or by permanent easement to
the County, another governmental entity, or a qualified land trust or conservation organization,
for public use or conservation purposes, and accepted by the receiving entity.
Open Space, Protected: Open space that is permanently preserved through conservation
easements, deed restrictions, covenants, or other legally enforceable instruments acceptable to
the County, which prohibit future development except as expressly permitted by these
Development Regulations.
One-Hundred-Year Flood Plain: A land area subject to a one (1) percent or greater statistical
occurrence probability of flooding in and given year.
Original Parcel: A contiguous parcel of land, recorded in the Office of the Clerk of Superior
Court of Morgan County, as it existed immediately prior to the approval of any portion of the
parcel being divided as a subdivision.
Owner: A person or other legal entity having or controlling a majority fee simple interest in a
property, or their authorized representative.
Pervious Surface: A surface that is designed, constructed, and maintained to allow stormwater
to infiltrate into the underlying soil at a rate sufficient to reduce surface runoff, including but not
limited to landscaped areas, natural ground cover, lawns, gardens, and pervious or porous
pavement systems installed in accordance with accepted engineering standards. A surface shall
be considered pervious only to the extent that it demonstrably allows infiltration under normal
rainfall conditions and is not compacted, sealed, or otherwise rendered impermeable by design or
use.
Pond: A body of standing water less than one acre in surface area, created either by a natural
dam, or other means of water impoundment.
Project: The entire proposed development project regardless of the size of the area of land to be
disturbed.
Public Improvement: The construction, enlargement, extension or other construction of a facility
intended for dedication to the public, including but not limited to a street, curb and gutter,
sidewalk, cross drain, catch basin, traffic control and street name sign, or other roadway
appurtenance other than a driveway apron connection; domestic water supply system main, fire
hydrant, valve or other appurtenance other than a supply line to a building; or sanitary sewerage
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Adopted: April 6, 2021

main or outfall, lift station, force main, manhole or other appurtenance other than a drain line
from a building.
Rain Garden: A shallow, landscaped depression designed, constructed, and maintained to
collect, temporarily store, and infiltrate stormwater runoff from impervious surfaces such as
roofs, driveways, streets, or parking areas. A rain garden uses amended soils, native or adapted
vegetation, and natural biological processes to reduce runoff volume, improve water quality, and
promote groundwater recharge, and shall be designed in accordance with generally accepted
engineering, hydrologic, and horticultural practices. A rain garden shall not be considered a
detention or retention facility unless specifically designed and approved as such, and may be
required to include overflow structures to safely convey excess runoff.
Recombination: The joining of parcels, or portions thereof, of adjoining properties, including the
joining of existing parcels of record, provided that additional parcels are not thereby created, and
that all resulting parcels are in compliance with the provisions of the zoning district in which it is
located.
Recreational Vehicle. A vehicular type of unit primarily designed for recreation, camping, travel
or seasonal use which has its own motive power or is mounted on or towed by another
vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper,
motor home and custom van conversions
Re-subdivision: A change in the map of a recorded subdivision plat if such change affects any
street layout, area reserved for public use, or any lot line, and includes the further division of
platted subdivision lots.
Right-of-Way: That area, distinguished from an easement, which is owned in fee-simple by
Morgan County or other government, for the present or future use of roads, streets, and
highways, together with its drainage facilities and other supporting uses and structures.
Retracement: A survey plat confirming or establishing the boundary lines and property corners
from an existing recorded deed.
Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a
virtually non-erodible material such as concrete, steel, plastic or other such material that conveys
water under a roadway by intercepting the flow on one side of a traveled way consisting of one
or more defined lanes, with or without shoulder areas, and carrying water to a release point on
the other side.
Screening: A method of visually shielding or obscuring one abutting or nearby building,
structure, or use from another by fencing, walls, berms, densely planted vegetation, or some
combination thereof.
Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported
or has been moved from its site of origin by air, water, ice or gravity as a product of erosion.
Sedimentation: The process by which eroded material is transported and deposited by the action
of water, wind, ice, or gravity.
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Adopted: April 6, 2021

Soil and Water Conservation Commission: The Soil and Water Conservation Commission of
the State of Georgia.
Soil and Water Conservation District Approved Plan: An erosion and sedimentation control
plan approved in writing by the Soil and Water Conservation District.
Soil and Water Conservation District: The Piedmont Soil and Water Conservation District.
Stabilization: The process of establishing an enduring soil cover of vegetation an/or mulch or
other ground cover and/or installing temporary or permanent structures for the purpose of
reducing to a minimum the erosion process and the resultant transport of sediment by wind,
water, ice or gravity.
Start of Construction: The initiation of new construction or a substantial improvement, as
follows:
(a) For New Construction: The date the development permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within 180 days of the
permit date. The actual start of construction means the first placement of permanent
construction of a building, including a manufactured or mobile home, on a site, such as
the pouring of slabs or footings, installation of piles, construction of columns, or any
work beyond the stage of excavation or the placement of a manufactured or mobile home
on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation of streets or walkways;
the excavation for a basement, footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main building. (Note:
accessory structures are not exempt).
(b) For a Substantial Improvement: The actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural parts of a building, whether or not that
alteration affects the external dimensions of the building.
State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage
systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying
within or forming a part of the boundaries of the State which are not entirely confined and
retained completely upon the property of a single individual, partnership or corporation.
Street: A way for vehicular traffic, whether designated as an "avenue", "road", "boulevard",
"highway", "expressway", "alley", or any other term.
Street Frontage: See “Lot width.”
Structural Erosion and Sedimentation Control Measures: Measures for the stabilization of
erodible or sediment-producing areas by utilizing the mechanical properties of matter for the
purpose of either changing the surface of the land or storing, regulating or disposing of runoff to
prevent excessive sediment loss. Examples of structural erosion and sedimentation control
practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions,
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Adopted: April 6, 2021

grade stabilization structures, sediment traps and land grading. Such measures can be found in
the publication Manual for Erosion and Sediment Control in Georgia.
Structure: Anything built, constructed or erected, or established or composed of parts joined
together in some definite manner, the use of which requires location on the ground or which is
attached to something having permanent location on the ground.
Subdivision site: The entire property for which subdivision approval is requested, including the
lots intended for development of residences and community amenities (such as recreation
facilities and stormwater detention facilities), streets and other rights-of-way or easements, and
areas to be set aside as open space.
Subdivision: The division of land into two (2) or more parcels, tracts, lots, building sites or other
divisions for sale, lease, or development.
All divisions of a tract or parcel of land into two or more lots, buildings, sites, or other divisions
for the purpose, whether immediate or future, of sale, legacy, or building development; includes
all division of land involving a new public road or a change in existing public roads or new
drives, driveways, access ways, or changes that require access to the state right of way; includes
resubdivision of land.
Subdivision, Estate: A division of an original parcel that creates any number of new parcels,
with or without a new street, which requires extensive acreage to facilitate a range of rural and
agricultural activities.
Subdivision, Conservation: A form of subdivision design which concentrates lots, houses,
streets, utilities, and related development activities on the more suitable, and less
environmentally sensitive, areas of the site, thereby preserving the steep slopes, wetlands,
unsuitable soils, stream corridors and otherwise environmentally sensitive areas in a natural or
undisturbed state. The net density of the development is equal to or less than that of traditional
subdivision design, but the lot sizes are smaller in order to preserve the environmentally sensitive
areas in dedicated, perpetual open space.
Subdivision, Major: A division of an original parcel that creates any number of new parcels
involving the construction of a new street, stormwater drainage facilities, or the construction or
improvement of public utilities that complies with all requirements of the zoning district in
which it is located.
Subdivision, Minor: A division of an original parcel that creates no more than five (5) parcels,
including the remaining portion of the original parcel, fronts along an existing County street and
does not require the extension or widening of the street; require the construction of stormwater
drainage facilities; or the construction or improvement of public utilities. No further subdivision
of the original parcel or resulting parcels from a minor subdivision will be permitted for three (3)
year after the date of Minor Subdivision approval to prevent the circumvention of these
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Adopted: April 6, 2021

Development Regulations. Parcels created as the result of a Minor Subdivisions shall only be
further subdivided as a Major Subdivision, involving the installation of a new street.
Subdivision, Private Street: A major subdivision in which the parcels are served by a street held
in private ownership and not dedicated to the County. A private street subdivision must meet all
requirements of these development regulations that apply to a “Major Subdivision,” except for
dedication of the street rights-of-way or easements and drainage structures and easements.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before damage occurred.
Substantial Improvement: Any combination of repairs, reconstruction, alteration, or
improvements to a building, taking place during the life of a building, in which the cumulative
cost equals or exceeds 50 percent of the market value of the building prior to improvement. The
market value of the building should be:
(a) The appraised value of the building prior to the start of the initial repair or improvement;
or
(b) In the case of damage, the value of the building prior to the damage occurring. This term
includes structures that have incurred “substantial damage,” regardless of the actual
amount of the actual repair work performed.
(c) For the purposes of this definition, “substantial improvement” is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the building.
The term does not, however, include those improvements of a building required to
comply with existing health, sanitary or safety code specifications which are solely
necessary to assure safe living conditions, which have been pre-identified through
enforcement of these Development Regulations and not solely triggered by an
improvement or repair project.
Substantially improved existing manufactured home park or subdivision: A manufactured
home park or subdivision where the repair, reconstruction, rehabilitation or improvement of the
streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and
pads before the repair, reconstruction or improvement commenced.
Variance: A grant of relief from the strict application of the dimensional, spatial, or physical
development requirements of these Development Regulations, when such relief is authorized by
law and necessary to avoid undue hardship or correct an administrative error, without permitting
a use that is otherwise prohibited in the zoning district.
Variance, Administrative: A minor variance granted by the Director or other authorized
administrative official, as expressly provided by these Development Regulations, to address
dimensional or measurement discrepancies resulting from survey error, topographic conditions,
or similar technical factors, provided such variance does not authorize a prohibited use, increase
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Adopted: April 6, 2021

density beyond that permitted by the zoning district, or create a material adverse impact on
adjoining properties.
Variance, Hardship: A variance granted by the Morgan County Board of Commissioners upon a
finding that, owing to special conditions unique to the property and not created by the applicant,
the strict application of these Development Regulations would result in unnecessary hardship,
provided that the variance is the minimum relief necessary, is not contrary to the public interest,
and is consistent with the spirit and intent of these Development Regulations.
Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of
erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging, or planting, producing long-term vegetative cover; or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
(d) Such practices can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either
continuously or intermittently and which has a definite channel, bed and banks, and including
any area adjacent thereto subject to inundation by reason of overflow or floodwater.
Wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas.
Wetlands, protected: Those wetlands identified on the National Wetlands Inventory maps
prepared by the U.S. Fish and Wildlife Service, or otherwise approved by the U.S. Army Corps
of Engineers based on competent studies prepared by a registered and qualified professional
engineer.
Zoning Map: The map of Morgan County delineating the zoning districts described within the
Morgan County Zoning Ordinance related to property lying within unincorporated areas.
Zoning Ordinance: The Zoning Ordinance for Morgan County, Georgia, adopted by the Board
of Commissioners of Morgan County, Georgia, and amended from time to time.

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Staff Report
Morgan County Planning Commission
Petition for: Text Amendment

Applicant:
Applicant’s Agent:
Zoning Ordinance:

Morgan County Planning & Development
N/A
Morgan County Zoning Ordinance Chapter 7.32

Summary
Event Facilities have been a contentious topic since the ordinance was adopted in 2011, with numerous
changes made to the wording. Many modifications were made in response to complaints, and this
request is no different.
Non-profit exemptions
In 2011, efforts were made to exempt groups that may have frequent gatherings associated with nonprofits, especially churches. Small groups were also exempted due to difficulty of enforcement. The
2011 ordinance language stated:
Section 7.32.2

Exceptions

Church events or events hosted by non-profit organizations held in exchange for a donation are not
included.
Permanent facilities serving only 50 people or less may be excluded from these regulations, except use
restrictions, provided adequate parking is provided and conforms to all Federal, State and Local
ordinances.

In 2017, complaints about the small groups prompted further changes. From the October 2017 staff
report:
This text amendment was requested by the Morgan County Board of Commissioners in response to
complaints regarding the Event Facilities ordinance language. In June of this year, two residents
requested that the language in Section 7.32.2 allowing groups of 50 or less to operate without a
conditional use permit be removed.
The original language for event facilities only used zoning designation to regulate where an event could
be held. The regulations focused on what events could be held. The exemptions focused on who could
hold events without a permit. The exemption language was included for non-profits and small groups.
Morgan County has close to 100 churches, all of which hold homecomings, vacation bible schools,
holiday celebrations, revivals, etc. We have several non-profits (bonified 501(c)3 organizations) that hold
various fund-raising events and regular presentations and exhibits. Smaller groups present an issue for
Morgan County Planning & Development
150 E. Washington Street, Suite 200
Madison, Georgia 30650

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enforcement. The general perception is that 50 people is a large group, but the reality is that many
family patriarchs host that number every Sunday for family dinners. That number could entail a birthday
party or a Super Bowl gathering. The number of cars associated with a 50 person gathering would
typically be about 20, but could be much lower. It would be impossible to police every house in Morgan
County to determine if every group of 50 or less was, or was not, a paying event.
When it was requested that the 50 or less language be removed, Staff had to consider how to address
groups operating without a permit. It isn’t plausible to require every gathering in the county to have a
permit. Therefore, the most logical solution was to focus on locations already available for assemblies.
These locations have been inspected for public use and have ADA accessibility, adequate restroom
facilities and have met life safety requirements. The focus on exemptions moved from who to where. An
exemption for residential gatherings had to remain, as well as an exemption for family gatherings at
locations other than a residence, although Staff admits that these events can still be hard to police.
The new approved language clarified who was exempt:
Church facilities.
Government owned facilities.
Non-profit organization facilities, owned by the organization.
Residential and family gatherings
Restaurants and Hotels with banquet rooms.

Two properties have utilized the language allowing non-profits to operate, including one that prompted
the concerns about small groups prior to applying for non-profit status. Both have resulted in numerous
complaints. Both properties are approximately 10 acres, which meet the minimum acreage, but are
configured where event spaces are too close to other residences and parking has often been on the
right-of-way. One has had fireworks displays that are too close to adjacent properties. These concerns
have resulted in further deliberation about non-profits and the ability to have unregulated events.
Non-profits located in the county that own property, such as Stephan Thomas Museum and Camp Twin
Lakes, are grandfathered with regard to events. Other non-profits typically use large venues in Madison
or outside the county and only hold events infrequently for fundraising. The county is working on a
special event ordinance that will allow applicants, non-profit or otherwise, to request approval for a
one-time occasion, provided they submit the necessary site plan and life safety information. With these
considerations, Staff is requesting that the language related to non-profits be removed.
Non-profit organization facilities, owned by the organization.

Morgan County Planning & Development
150 E. Washington Street, Suite 200
Madison, Georgia 30650

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Criteria for Consideration
From Chapter 14.2.3.1, Criteria for Considering a Text Amendment, in the Buckhead Zoning Ordinance:
1. The proposed amendment is consistent with the purpose and intent of this ordinance as stated
in Article 1;
2. The proposed amendment supports or is compatible with the purpose and intent of the
Comprehensive Plan;
3. The proposed amendment adequately addresses new or changing conditions to properly
implement the Comprehensive Plan or the terms of this Zoning Ordinance;
4. The proposed amendment provides a benefit to the county as a whole;
5. The proposed amendment reasonably promotes the public health, safety, morality and general
welfare.

Morgan County Planning & Development
150 E. Washington Street, Suite 200
Madison, Georgia 30650

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Staff Report
Morgan County Planning Commission
Petition for: Text Amendment

Applicant:
Applicant’s Agent:
Zoning Ordinance:

Morgan County Planning & Development
N/A
Morgan County Zoning Ordinance Table 4.1

Summary
This text amendment request is for two changes to Table 4.1, which both reflect changing conditions
seen in application requests received by the Planning & Development office.
Data Centers
The use “Data Management and Data Processing Facility” was originally part of the stand-alone use
chart for the MXD1 Zoning District, also known as the Stanton Springs Business Park. The use was
permitted. At that time, data processing facilities were often housed in vacant office buildings or smaller
corporate facilities. When the use charts were combined in 2012, the use was expanded to commercial
and industrial zoning districts as it was still considered benign and unobtrusive. After that, the line item
in the use chart was forgotten.
Today, data management and processing facilities are more commonly known as data centers and are
massive 100,000+ square foot buildings with high power, and potentially water, needs. Evaporative
cooling equipment and generators used for back-up power can generate obtrusive noise and numerous
complaints. Many jurisdictions are enacting moratoriums on data centers in an effort to establish
regulations to address local concerns.
Morgan County approved a data center moratorium on July 7 to give staff time to research and write a
data center ordinance. As part of that process, this text amendment requests the removal of the old use
in the zoning ordinance that allows “Data Management and Data Processing Facility” as a permitted use
in 4 zoning districts.

The removal of this use does not negate the data center application already submitted, which was
received on June 30. The request is for a zoning map amendment combined with a Comprehensive Plan
Amendment to comply with the use currently in the Zoning Ordinance. Staff is working with the
applicant to determine if the application will proceed or be held until after the new ordinance is
approved.

Morgan County Planning & Development
150 E. Washington Street, Suite 200
Madison, Georgia 30650

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Metal Siding
Metal siding was prohibited on residential structures in 2021 to combat the increasing occurrence of
metal garage buildings used for residences and the use of cheap metal siding. The request for metal
siding, particularly in relation to bardominiums, did not abate and complaints to Commissioners
prompted renewed discussions.
In June of this year, language was presented for house form standards to apply for major subdivisions,
or developments of more than 5 lots. In that language, metal siding was allowed by review, provided the
architectural metal siding was 24 gauge or heavier. The wording was approved by the BOC and
immediately the complaints started about why it was allowed in subdivisions but not generally across
the county. This text amendment changes the existing language prohibiting metal siding to match what
was approved in the house from standards.
Dwellings, including single-family attached and detached, and accessory, have the note (s) after each to
specify:
(s) No attached or detached single family dwellings, accessory dwelling, or tenant dwelling shall
have metal siding.

Staff proposes to modify the wording to:
(s) Architectural metal siding shall be reviewed for suitability and will be subject to design merit,
provided the siding is 24 or heavier gauge.

Criteria for Consideration
From Chapter 14.2.3.1, Criteria for Considering a Text Amendment, in the Buckhead Zoning Ordinance:
1. The proposed amendment is consistent with the purpose and intent of this ordinance as stated
in Article 1;
2. The proposed amendment supports or is compatible with the purpose and intent of the
Comprehensive Plan;
3. The proposed amendment adequately addresses new or changing conditions to properly
implement the Comprehensive Plan or the terms of this Zoning Ordinance;
4. The proposed amendment provides a benefit to the county as a whole;
5. The proposed amendment reasonably promotes the public health, safety, morality and general
welfare.

Morgan County Planning & Development
150 E. Washington Street, Suite 200
Madison, Georgia 30650

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40

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MORGAN COUNTY AGENDA REQUEST
Department:

Presenter(s):

Administration

Meeting Date: mm/dd/yyyy 8/18/2026

Mark Williams

Type of Request: New Business

Wording for the Agenda:

Purchasing Policy Updates

Background/History/Details:

Revisions to the purchasing policy are needed due to new procedures related to financial software and changes to
state law. The policy was last updated in August 2023.

What action are you seeking from the Board of Commissioners?

Approval of the updated purchasing policy.

If this item requires funding, please describe:

Has this request been considered within the past two years?

No

If so, when?

Is Audio-Visual Equipment Required for this Request?*

No

Backup Provided with Request?

Yes

* All audio-visual material must be submitted to the County Clerk's Office no later than 48 hours prior to the meeting. It is also
your department's responsibility to ensure all third-party audio-visual material is submitted at least 48 hours in advance.
Approved by Finance

Not Applicable

Approved by Purchasing

Not Applicable

Manager's Approval

No

Staff Notes:

46

MORGAN COUNTY PURCHASING POLICY

Objective
Morgan County’s purchasing policies and procedures have been established to ensure that
tax dollars are spent in the most economical way. The County uses competitive means for the
purchase of all products and services when possible and if required. The County believes in
open, fair competition. The purchasing levels in this policy are subject to periodic review and
may be changed with County Commission approval based on inflation and other factors.
Definitions
Bid Bond – a bond that guarantees the bidder will honor the terms of the bid. If the bidder
defaults, the bonding company will pay the County the difference between the defaulting
low bid and the next highest bid.
Capital Purchases – purchases to acquire, restore or upgrade assets such as property,
buildings, or equipment.
Competitive Sealed Bid Process – term used to encompass bidding, request for proposals, or
request for qualifications when trying to get the best price or contractor for a project. All bids
are received in a sealed package. All sealed bids received by the stated submission deadline
are opened at a specified time.
Contract Labor – labor performed by an individual or business who performs work on a
project-by-project basis for a set fee.
House Account – A credit account established by a vendor for which all purchases made by any
department are charged. The vendor sends a monthly billing statement to the Finance
Department for payment.
Local Vendor – a vendor whose business address is within Morgan County, within a 15-mile
radius of the Administration Building, or whose primary owner resides in Morgan County.
Payment Bond – a bond obtained by a contractor to guarantee that its subcontractors and
material suppliers on a project will be paid.
Performance Bond – a bond to guarantee satisfactory completion of a project by a contractor.
A performance bond protects the County against possible losses in case a contractor fails to
perform or is unable to complete a project as established in the contract.
Professional Services – Those services within the scope of the practice of architecture,
engineering, professional land surveying, industrial hygiene, legal counsel, financial advisers,
accountants/auditors, business consultants, recruiters, lobbyists, and banks.
Public Works Construction Projects– the building, altering, repairing, improving, or
demolishing of any public structure or building or other public improvements of any kind to
any public real property. Such term does not include the routine operation, repair, or
maintenance of existing structures, buildings, or real property, or any energy savings
performance contract or any improvements or installations performed as part of an energy

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savings performance contract. (Per O.C.G.A. 36-91-2)
Purchase Order – A document which authorizes the delivery of specified merchandise or the
rendering of services at an authorized cost.
Request for Proposals (RFP) – An invitation for suppliers, companies, or individuals, through a
competitive process, to submit a proposal on a specific commodity or service.
Request for Qualifications (RFQ) – An invitation for suppliers, companies, or individuals to
identify and delineate their qualifications for a specific project.
Purchasing Agent
The County Manager is designated as the Chief Purchasing Officer. The County Manager shall designate
a Purchasing Director. The Purchasing Director shall manage the operations of the Procurement
Department. One or more Purchasing Officers may be appointed. The Finance Director shall also have
the same approval authority as the Purchasing Director. The Purchasing Director shall ensure that
purchases are made within the thresholds listed below.

Purchase of Items for Personal Use
The purchase of equipment, material, or supplies for personal use is strictly prohibited. The use of
County credit accounts, purchase orders or reimbursable cash for personal use is prohibited and
unlawful. All instances of unlawful activity will be reported to the proper authorities.

Ethics
Morgan County officers, employees and public body members may not have an interest in a contract
with the County, unless the interest is disclosed, and that person is recused recuses themselves from,
and does not participate from participating in the decision process. Further, Morgan County officers,
employees, or public body members with an interest in a contract may not attempt to influence any
County employee or decision maker who has influence or decision-making power over the contract.

Spending Thresholds
Department Heads are authorized to make non-centralized purchases that do not exceed
$1,500.$4,999.99. No purchase order is required, but the Department Head should make a diligent
effort to obtain the lowest price for items or services purchased. Receipts/Invoices must be submitted
and approved by the Department Head.
Purchases between $1,500.01 and $5,000.00 do not require a purchase order but must be pre-approved
by a Purchasing Officer or the Purchasing Director unless the purchase is from an existing State or Local
contract. The Purchasing Director may choose to require additional quotes for such purchases.
Purchases between $5,000.01 and $10,000.00 require 3 verbal or written quotes and must be approved
by the Purchasing Director. Verbal quotes must be documented to include vendor name, contact
person, date/time of quote, and cost. If 3 quotes cannot be obtained, valid justification must be

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provided. A purchase order must be issued prior to the purchase being made.
Purchases between $10,000.01 and $25,000.00 require 3 written quotes and must be approved by the
Purchasing Director, and County Manager. If 3 quotes cannot be obtained, valid justification must be
provided. A purchase order must be issued prior to the purchase being made.
Purchases between $25,000.01 and $100,000 require 3 written quotes and must be approved by the
Purchasing Director, County Manager, and Board of Commissioners. If 3 quotes are not obtained, valid
justification must be provided. A purchase order must be issued prior to the purchase being made.
Purchases above $100,000 require a competitive sealed bid process. The Department Head/Elected
Official, Purchasing Director and County Manager will review bids and make a recommendation to the
Board of Commissioners. The Purchasing Director and Department Head will establish a committee to
review and evaluate bids. If the item was not itemized in the approved budget, or if the amount is
greater than the approved budget, the Board of Commissioners must approve the purchase. The Board
of Commissioners reserves the right to meet with prospective vendors in an open meeting to assist in
the award of the purchase.
Purchases may not be split up between multiple invoices to avoid a higher approval requirement.
Purchasing under a State, National Contract, or purchasing Co-op is authorized in lieu of obtaining
quotes/competitive bidding when it is to the advantage of the County. The same spending approval
levels and purchase order requirements thresholds stated above apply to such purchases.
Capital purchases shall not require approval of the Board of Commissioners, if the purchase was
itemized in the capital budget approved by the Board of Commissioners and does not exceed the
approved budgeted amount. Capital purchases must comply with all other quote/bid, spending approval
level and purchase order requirements. requirements of this policy.
Purchases for the following items shall not require approval of the Board of Commissioners provided
adequate funding is available in the approved budget:
• Utilities
• Employee payroll
• Employee benefits and tax payments
• Insurance premiums for coverage not related to employee benefits
• Professional services and contract labor associated with an approved project
• Purchases that will be reimbursed by external sources (grants, donations, etc…)
• Payments for renewal of services
For any purchase requiring verbal or written quotes, each quote must be for the same product, or a
comparable product made by another company. The purchase shall be made from the offeror whose
proposal is determined to be the most advantageous to the County. Preference will be given to local
vendors whose bid is within 5% of the lowest bid unless prohibited by State Law.
Budget Allocation
All purchases must be included within the requesting Department’s general fund budget, capital budget,

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TSPLOST budget, or SPLOST budget. If funds for any purchase are not available, a request for a budget
amendment must be made by the requesting Department Head/Elected Official to the Finance Director.
Budget amendments must be approved by the Board of Commissioners if the amendment exceeds the
legal level of control prior to the purchase being made.

Centralized Purchases and Price Agreements
Whenever it is in the best interest of Morgan County, centralized purchasing will be utilized for common
items used by multiple departments. When purchasing items approved for centralized purchasing,
Department Heads and Elected Officials will submit their requests to the Purchasing Officer. The
Purchasing Officer will place the order and notify Department Heads when items have been received.
Department Heads will receive a copy of the invoice for their records.
The Purchasing Director may establish user accounts for department heads, elected officials and/or their
designee for on-line vendors, such as Amazon and Staples Advantage, to purchase items utilizing a
common contract. Such purchases should be made using a p-card. Approval paths for such online
vendors may be established, and approval thresholds may vary by site.
The Purchasing Director may seek bids to obtain a contract for goods or services used by one or more
departments on a regular and continuing basis. The Purchasing Director shall conduct the competitive
bid process for such identified purchases. If a contract is awarded, departments would make purchases
throughout the contract term without obtaining additional quotes.

Purchase Orders
Purchase orders are required for all purchases above $5,000.00. A Purchase Order Request Form
accompanied by 3 quotes must be submitted to a Purchasing Officer for approval. A requisition request
must be entered into the financial software. All quotes should be uploaded as an attached document to
the requisition. Purchase orders must be obtained prior to placing an order for goods or services.
Purchase orders are not required for:
• Utilities
• Employee payroll
• Employee benefits and tax payments
• Payments made pursuant to Board of Commissioners approved contracts and
intergovernmental agreements
• Payments for renewal of services approved in the budget
• Annual appropriations to external agencies approved in the budget
• Professional services or contract labor retained on an ad hoc basis
• Insurance premiums for coverage not related to employee benefits
• Land acquisition pursuant to contract approved by the Board of Commissioners
• Lease payments pursuant to lease agreement approved by the Board of Commissioners
• Debt service

Receipt and Payment for Purchases
It shall be the responsibility of the receiving department to ensure that shipped goods are received as
ordered and in good condition. Invoices and receipts should be reviewed to verify correct pricing and tax

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exemptions. Invoices received directly by the receiving department shall up uploaded, coded and
approved in the financial system. Invoices received by accounts payable will be uploaded to the
financial system and assigned to the Department for coding and approval. Invoices must be submitted
and approved in the financial system by 12 noon on Wednesday for payment on Thursday. and
approved Request for Purchases, if applicable, should be remitted to Accounts Payable within 5 days of
receipt. Invoices/Check Requests must be submitted by 5 p.m. Monday for payment on Thursday. If
there are any issues with goods received and/or discrepancies with an invoice, the Department
Head/Elected Official will contact the vendor to have corrected and notify Accounts Payable of the issue.
Department heads/Elected officials must follow up with vendors until the issue is corrected and notify
Accounts Payable when payment can be submitted.
Invoice/House Accounts
The preferred payment method is for vendors to submit invoices. Department heads/Elected
Officials should contact the Finance Department for any assistance needed to establish a new
account with vendors. Invoices should be stamped “Approved”, signed by the Department
Head/Elected Official and appropriate account code notated.
P-Card
P-Cards may be used for purchases when there is no house account, or the vendor will not
invoice. P-Cards may be used to pay for lodging for approved travel, provided there are no
charges for room upgrades, room service, amenities, sales tax, and/or hotel motel tax. P-Cards
may only be used by the card holder. Card holders are responsible to ensure that sales tax is not
charged. The card holder shall attach a P-Card Expense Log and receipts with the monthly
statement. P-Cards may be suspended or revoked for improper use.
Check Requests
A Check Request Form should be submitted for non-travel related reimbursements and
purchases without an invoice. Reimbursements for travel-related expenses should be submitted
via the Travel Request. Receipts or other documentation must be submitted with the Check
Request.
Competitive Bids
Purchases of more than $100,000 require a competitive sealed bid process; however the County
Manager or Purchasing Director reserve the right to call for competitive bids without regard to amount.
As used herein, “bidding” shall include requests for bids, requests for proposals (RFP) and requests for
qualifications (RFQ). All competitive bids shall be advertised on the County website. Bids shall be
advertised on the Georgia Procurement Registry and in the local organ as required by law. All bids will
be advertised for at least one week or as required by law.
Public works constructions projects estimated to exceed $100,000 250,000 (O.C.G.A. 36-91-22(a))
require a sealed bid process. The project must be advertised in the legal organ of the county a minimum
of two times or on the County’s website in accordance with O.C.G.A. 36-91-20. If advertised in the legal
organ it shall be advertised a minimum of two times, the first advertisement occurring at least four

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weeks prior to the opening of the sealed bids. The second advertisement shall follow no earlier than
two weeks from the first advertisement. Bid requests solely advertised on the Internet shall be posted
continuously for at least four weeks prior to opening of sealed bids. The request shall also be posted on
the Georgia Procurement Registry.
Public road construction projects estimated to exceed 200,000 $250,000 must be awarded via sealed
bid. The project must be advertised for at least two weeks in the legal organ of the County per
O.C.G.A. 32-4-65. The first advertisement shall be two weeks prior to the bid opening and the second
to follow one week after the first. Projects will also be posted on the County’s web page and the
Georgia Procurement Registry. Emergency maintenance requiring immediate repairs to a public road do
not require a sealed bid per O.C.G.A. 32-4-63. For public road construction projects under $250,000 the
County may negotiate a contract instead of using a competitive bid process but must obtain at least two
estimates (O.C.G.A. 32-4-63).
If necessary, pre-bid meetings will be conducted with potential vendors. No bid will be accepted if it is
received after the advertised deadline. Sealed bids shall be opened publicly at the prescribed date, time
and place in accordance with O.C.G.A. 36-91-21
The County reserves the right to reject any bid that does not meet all conditions, requirements, and
specifications. If no qualified bid is received, the County can reject all bids and rebid the project.
Preference will be given to local vendors whose bid is within 5% of the lowest bid.
The Purchasing Director and or the County Manager will recommend the vendor to be selected to the
Board of Commissioners. The Board of Commissioners will select the vendor by majority vote. The
Board of Commissioners shall authorize the Chairman to sign any necessary contracts to proceed with
the purchase. If the low bidder is not selected, justification must be submitted.

Bonds and Insurance
In accordance with O.C.G.A. 36-91-50 and 36-91-51, construction projects valued over $100,000 shall
require a bid bond to guarantee the bid will be maintained in full force and effect for 60 days. The bid
bond should be at least 5% of the bid price. At the County Manager’s discretion, the bid bond
requirement may be satisfied by receipt of a certified bank check or an irrevocable letter of credit.
A performance bond is required for all public works construction contracts with an estimated value
greater than $100,000 per O.C.G.A. 36-91-70. A performance bond is required for any public roads
contract exceeding $5,000 per O.C.G.A. 32-4-69. The County may require performance bonds for other
capital projects. Performance bonds shall be for the amount equal to one hundred percent of the price
specified in the contract, or any other higher amount determined by the County to be in the best
interest of the County.
A payment bond shall be required for all public works construction contracts awarded in excess of
$100,000 per O.C.G.A. 36-91-90 and for public roads contracts in excess of $5,000 per O.C.G.A. 32-4-69.
The payment bond shall be in an amount equal to one hundred percent of the price specified in the
contract, or any other higher amount determined by the County to be in the best interest of the County.
All contractors are required to provide certificates of insurance with the County named as additional
insured for all capital projects. The minimum coverage limits are $1,000,000 general liability, $150,000

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automobile liability and current statutory limits for Workers’ Compensation.

Sole Source Purchases
Sole source purchases allow for procuring goods or services from a single source without soliciting bids
from multiple sources. Sole source purchases may be accomplished when the vendor of goods or
provider of services is:
• Another unit of government, educational institution, or a division of county government
• A professional service
• The only source of an item that has been determined to be specifically suited to the needs
of the county. Justification that there is only one source available to meet the specifications
is required

Emergency Purchases
In the event of a natural disaster or other situation that severely hampers a department’s operations or
in which the preservation of life, health, safety, or property may be at risk, the County Manager and
Purchasing Director shall have the authority to make purchases that exceed the normal thresholds. The
County Manager will consult with the Chairman of the Board for emergency purchases exceeding
$50,000.
Capital Assets
Purchases of capital assets valued over $10,000 and having a useful life greater than one year or
infrastructure projects valued over $50,000 must be recorded on asset inventory. When capital assets
are sold, they must be removed from the asset inventory.

Surplus/Disposal of County Owned Property
Personal Property/Equipment that is no longer necessary utilized, is in unusable condition, or has been
replaced that and has a salvage value of more than $100 $1,000 shall be presented to the Board of
Commissioners to be declared surplus property. The County Manager or Procurement Director can
approve property with salvage value up to $1,000 as surplus. Once declared surplus property, the
Purchasing Officer shall attempt to sell via live or online auction or sell scrap metal. Items that don’t sell
shall be destroyed and disposed of properly. The County Manager is also authorized to approve the sale
of items to other units of government or educational institutions for a negotiated price. Items that have
a salvage value of less than $100 shall be destroyed and disposed of properly. Sale of real property shall
be in compliance with applicable State Law.
ATTACHMENTS
Samples of forms referenced in the policy are attached. All are also available in electronic format.
1. Procurement Reference Chart
2. Purchase Order Request Form

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3. P-Card Expense Log
4. Check Request

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Morgan County Procurement Quick Reference Chart
The Chart below outlines the general polices and requirements for purchases. Refer the the policy for
limited exceptions to the requirements.

Cost

Quote/Bid Requirements

Approvals Needed

$0 - $4,999.00

Single Quote

Department Head

$5,000 to $10,000.00

3 verbal or written quotes
Purchase Order Required

Department Head, Purchasing
Director

$10,000.01 to $25,000.00

3 written quotes
Purchase Order Required

Department Head, Purchasing
Director, County Manager

$25,000.01 to $100,000.00

3 written quotes
Purchase Order Required

Department Head, Purchasing
Director, County Manager,
Board of Commissioners

Greater than $100,000.00

Competitive Sealed Bids

Board of Commissioners

Purchasing under a State, National Contract, or purchasing Co-op is authorized in lieu of obtaining
quotes/competitive bidding when it is to the advantage of the County. The same spending approval levels and
purchase order requirements stated above apply to such purchases.
For any purchase requiring verbal or written quotes, each quote must be for the same product, or a comparable
product made by another company. The purchase shall be made from the offeror whose proposal is determined
to be the most advantageous to the County. Preference will be given to local vendors whose bid is within 5% of
the lowest bid unless prohibited by State Law.

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CREDIT EXPENSE LOG

Receipt #

DATE

VENDOR

DESCRIPTION/JUSTIFICATION

TOTAL

Account Holder
I certify the above statements are true and funds were
expended in performance of official duties

DEPT/EQUIPMENT

Card Holder
Department
Month
Account

Visa

AMOUNT

ACCOUNT CODE

$0.00

Supervisor
I certify the above funds were expended in
accordance with County Policy.
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MORGAN COUNTY, GEORGIA
REQUEST FOR CHECK

DATE:
PAYABLE TO:
ADDRESS:
CITY, STATE, ZIP

DESCRIPTION

ACCOUNT #

AMOUNT

Enter Appropriate Acct #

TOTAL

The above expenditure is necessary for the operation of the County and a
purchase order has not been issued for same.

$0.00

Department Head/Elected Official

This request for voucher has been reviewed by the Finance Department for conformance to purchasing rules.
The amounts stated on this REQUEST FOR VOUCHER have been verified as being available from unencumbered County Funds.

Initials

Date

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MORGAN COUNTY AGENDA REQUEST
Department:

Presenter(s):

Administration

Meeting Date: mm/dd/yyyy 9/1/2026

Chief Deputy Welch

Type of Request: New Business

Wording for the Agenda:

Renewal of Trinity Services Group Contract for Jail Food Services

Background/History/Details:

The Morgan County Jail is required to provide nutritionally balanced, wholesome, and palatable food to inmates.
The meals shall meet all nutritional standards imposed by the Bureau of Prisons, prepared and served in
accordance with health and safety codes, and any standard required by federal, state or local laws and regulation.
The current contract renewal with Trinity Services Group expires August 31, 2026. Trinity Services Group, Inc.
has submitted a renewal with a cost increase of 3.3% which is lower than the 3. 5% Consumer Price Index.

What action are you seeking from the Board of Commissioners?

Motion to approve the contract renewal with Trinity Services Group, Inc.

If this item requires funding, please describe:

Has this request been considered within the past two years?

No

If so, when?

Is Audio-Visual Equipment Required for this Request?*

No

Backup Provided with Request?

Yes

* All audio-visual material must be submitted to the County Clerk's Office no later than 48 hours prior to the meeting. It is also
your department's responsibility to ensure all third-party audio-visual material is submitted at least 48 hours in advance.
Approved by Finance

Not Applicable

Approved by Purchasing

Not Applicable

Manager's Approval

No

Staff Notes:

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Confirmation Copy
August 25, 2026
Morgan County, Georgia
Attn: Blake McCormack, Chairman, Board of Commissioners
150 E. Washington Street
Madison, GA 30650
RE:

Agreement Renewal and Price Adjustment Notice

Dear Chairman McCormack:
It has been an honor and privilege to provide food services at the Morgan
County Detention Center. Pursuant to our September 1, 2020, Agreement, the parties
may, by mutual agreement, extend the Agreement for an additional one (1) year term
commencing September 1, 2026. Trinity respectfully requests to exercise this
renewal option, effective upon your execution of this letter as of the date signed. As
provided in the Agreement, the renewal includes a meal price increase equal to the
change in the Consumer Price Index (CPI), Food Away from Home (FAFH), measured
sixty (60) days prior to the Agreement anniversary date, which, if executed, shall
apply beginning September 1, 2026. Please find enclosed a copy of the relevant CPI
tables from the U.S. Bureau of Labor Statistics. Utilizing the data available sixty (60)
days before the anniversary date, the FAFH index increased three and five-tenths
percent (3.5%) over twelve (12) months. However, Trinity seeks only an increase of
three and three-tenths percent (3.3%) as reflected in Schedule 1.
Please acknowledge receipt of this Agreement Renewal and Price Adjustment
Notice as stated herein by countersigning the enclosed confirmation copy of this letter
and returning it to our office.
Trinity sincerely appreciates the opportunity to serve you and your team at the
Morgan County Detention Center. Thank you for your continued business. We always
strive to exceed our clients’ expectations; please contact me if you ever have any
questions or concerns regarding this adjustment or the food services we provide.
Very truly yours,

Approved:
_________________________________________
Chairman McCormack

Juanita Smith
District Manager – Trinity Southeast
Trinity Services Group, Inc.
[email protected]

Date: ____________________________________

477 Commerce Blvd, Oldsmar, FL 34677 – p: 813-854-4264 – f: 813-855-2330
www.TrinityServicesGroup.com

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SCHEDULE 1
Morgan County Detention Center
Inmate Population Meal Price Scale
Eff. September 1, 2026

POPULATION

PRICE PER MEAL

21

30

$7.019

31

40

$5.042

41

50

$4.028

51

60

$3.409

61

70

$2.997

71

80

$2.698

81

90

$2.476

91

100

$2.299

101

110

$2.175

111

120

$2.073

121

130

$1.989

131

140

$1.916

141

150

$1.854

151

160

$1.801

161

170

$1.754

171

180

$1.714

181

190

$1.676

191

And over

$1.641

477 Commerce Blvd, Oldsmar, FL 34677 – p: 813-854-4264 – f: 813-855-2330
www.TrinityServicesGroup.com
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