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2010 Tax Increase

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1. Based on the engineering report, is the current level of the lake considered to be a safe level such that continued maintenance at this level or lower would provide the city with the ability to leave?

The dam is stable with the lake drawn down 10 feet, however, that does not change the fact that the internal drainage system is not functioning properly. Postponing the repairs until some future time when the city decides the economy is better will probably prompt Safe Dams to initiate an enforcement action against the city.

The city can change the normal pool elevation of the lake, but it must be done in conjunction with a project to re-design the principal spillway. In our experience, Safe Dams will not allow the city to leave the siphons in and use them as the new principal spillway. They are fine for an emergency situation, as exists now, but are not a permanent solution.

All dams must have spillways that pass the extreme storm event, and Lake Berkeley’s spillway performed well during the September 2009 storms. The problem is the internal drainage system, a component that every dam of this size must have to function properly. We believe it has become clogged and is not intercepting the groundwater that is flowing through the dam. That, combined with the saturation of the fill embankment during the storm event caused the failures.

2. Would the Council like to respond to the fact that Berkeley Lake had no provision to adjust the lake level through a gate system and spillway that might have prevented the unprecedented high lake leve

Currently, we are looking at different low level drain concepts that would accommodate the rapid lake drawdown requirements of the Safe Dams Program (two-thirds of the volume of the lake must be evacuated in 10 days). Safe Dams has indicated that the current primary spillway on Bay Way does not currently need any improvements.

3. What is the current payoff on the loan on the greenspace and how many years remain until this loan is paid off in full?

The balance is $1,830,000 and the payoff date is scheduled for 1/1/2021.

4. What is the current ratio of the annual loan servicing to overall annual city budget?

Before the amendment, the percentage of the general fund budget that was allocated for paying the greenspace bond was 27.45% (corrected for the 10K math error). After the amendment, the percentage of the general fund budget that is allocated for paying the greenspace bond is 19.46%. Although not requested, 2009 = 16.05%, 2008 = 28.76% and 2007=26.91%.

5. If the City is successful in increasing the tax burden on the residents to a level that allows the reconstruction of the dam – what percentage of the annual budget will be for the servicing on the loa

Since it has yet to be determined how much the project will cost and thus how much the city will be required to borrow, it is impossible to determine the answer to this question. As information becomes available, it will all be shared with citizens.

6. Did City Council at any time consider removing the greenspace from the Conservatory to obtain a source of funds that could be used to pay for the dam reconstruction?

No. A permanent easement on that property is owned by the Georgia Piedmont Land Trust. If the property were sold, the easement restrictions would remain with the property and no one would be able to develop it.

7. What City services has the City Council considered reducing or eliminating to help reduce the overall tax increase?

The City is open to suggestions of what services citizens might like to do without. There is very little to cut because costs have been kept low all along. Our staff is underpaid for their skill sets and has never received any benefits, as their colleagues in other cities do. We had hoped to remedy that this year, but they will continue without raises or benefits. Similarly, I have always borne the expenses of travel to meetings for the city (1200 miles last year) and will continue to do so. We have eliminated training expenses for the Ga. Municipal Assn. conference this year and no one will be attending. I am cutting recreational expenses. We hope to spend less on communications if citizens will allow us to send important information to their email addresses. Other suggestions are welcome.

8. How many total household/tax properties are there within the City? How many tax properties exist on the perimeter of the lake? How many tax properties exist along the perimeter/border of the propert

This information is available by viewing the map on the city website. There are 768 tax parcels in the city. There are 161 lakefront properties. There are 5 parcels directly adjacent to the greenspace.

9. Can the City provide justification that the lake is indeed “public” and thus the use of public funds is justified, or does the City have a legal responsibility to provide maintenance to an entity that

The City is not saying the lake is public. The fact is that the dam has been owned by the city for many years and thus the City has a legal responsibility to maintain it. Clearly no one wants to take it off our hands.

10. Did the City Council do an economic study on the affect of just draining the lake and returning it to the original river/creek status prior to the construction of the earthen dam?

Our City Administrator put together a model that assumed that if there was no lake, there would be a 50% reduction in the land value of lakefront property and a 33% reduction in the land value of lakefront 2nd tier property (properties with one layer of property between it and the lake, not counting streets). Based upon 2009 digest data, that produced a reduction in value to those properties totaling $32,256,697.00. The resulting reduction in property taxes generated by those properties was $34,247, to be spread over all remaining properties. You can see from the attached how those other subdivisions would be affected by the tax redistribution. Bear in mind that the assumptions are based upon opinions of realtors and there has been no professional interpretation other than that.

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Building Permits

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1. How do I apply for a building permit?

Building permit applications are filed at city hall. The application form and checklist are available on the city website or at city hall. Allow 3 to 5 business days for review of the application and any associated plans. Take me to Building Permits & Inspections

2. What construction projects require a building permit?

Building permits are required for many different projects, including but not limited to:
New buildings
Building additions
Electrical upgrades
Garages, sheds, accessory buildings, swimming pools
Basement finishes
Water heater replacements
Commercial tenant finishes
Any structural additions and/or changes.

3. Does my specific project require a permit?

See the project list to determine whether some of the most popular projects require a permit. The list is not complete. It is best to contact city hall if you have any questions or concerns about whether your individual project requires a permit. Check project list.

4. What happens if I build/expand/repair without a permit?

If you are found to be building without a permit, a stop work order will be issued until a permit has been obtained. The building permit fee is doubled for those instances where construction was begun without proper permits. In addition, you may be summoned to Municipal Court and face additional fines. In the event that you built a structure without a permit and that structure does not conform to the requirements of the zoning ordinance, you may be required to demolish all or part of the structure to bring the property into zoning compliance.

5. What hours are contractors permitted to work in the city?

Noise created by the normal operation of construction, street work, street repair, drilling or demolition tools or equipment is permitted Monday - Friday between the hours of 7:00 am and 9:00 pm, Saturday between the hours of 8:00 am and 7:00 pm, and Sunday between the hours of 10:00 am and 7:00 pm.

6. What are the rules for building a fence in my yard?

In residential districts, fences shall not exceed six feet in height within a side yard, rear yard or front yard, and no chain-link fence is permitted in a front yard. No permit is required.

7. I want to add a deck/addition to my home. What permits do I need?

A permit is needed for all new decks and additions. Contact city hall for applicable regulations Take me to Building Permits & Inspections

8. What if I need an exception to the rules?

If the construction project you propose does not comply with the requirements of the zoning ordinance, you may be eligible for a variance if certain criteria are met. The variance application and checklist are available on the city website as well as at city hall. Take me to Variances.

9. What is the variance hearing process?

Variance requests are heard and decided by the Planning & Zoning Commission at a public hearing. The commission has a regular meeting schedule, and public hearings are held within the course of a commission meeting. Before the commission can consider a variance request, certain public notice requirements must be met. At least 15 days before the public hearing, notice of the time and place of the hearing must be published in the Gwinnett Daily Post and a sign providing information about the request and hearing must be placed in a conspicuous location on the subject property. The sign must remain posted until after the variance hearing. In order for the commission to grant a variance, it must find that certain criteria as outlined in Section 78-366 of the zoning ordinance have been met. At the hearing any party having an interest in the variance being considered may appear in person or be represented by an authorized representative. Take me to Variances.

10. Where can I obtain a copy of a plot plan or survey of my property?

If it was recorded, you should be able to obtain a copy from the Gwinnett County Courthouse Records Room.

11. Do my sub-contractors need permits?

Any plumbing, electrical, or heating & air (HVAC) work that is performed as part of an open building permit does not require separate trade permits. However, the building inspector requires all sub-contractors performing work under an open building permit to complete a sub-contractor's affidavit.

A separate electrical, plumbing, or HVAC permit may be needed for individual plumbing, electrical or HVAC projects such as replacing a water heater, adding electrical outlets, or replacing a furnace or air conditioning unit. A homeowner is allowed to run electrical, HVAC and plumbing lines as the homeowner without a trade license as long as an owner's affidavit is submitted with the permit application. If the homeowner chooses to hire a sub-contractor to do the work, the sub-contractor must provide a copy of his valid business license and master trade license with the permit application. Take me to Permit Applications.

12. What construction work am I able to complete on my own home?

A homeowner may complete any work on the residence they live in. Permits are still required and an owner's affidavit must be filed. Take me to Permit Applications.

13. Where is my property line located?

The best way to locate your property line is to hire a licensed land surveyor who can provide you with a boundary survey of your property and mark your property corners. You may review recorded plats of subdivisions, available for review at Gwinnett County Courthouse Records room, that will show lot dimensions and rights-of-way.

14. Do I need a permit to construct, repair or expand a driveway?

Any work done in the city right-of-way requires a permit. If you are adding paved area on your property outside the right-of-way, a permit is not needed, but you are required to adhere to lot coverage requirements. For properties in residential zoning districts, impervious surfaces may not cover more than 30% of the area of the lot. Take me to Building Permits & Inspections

15. Are dumpsters allowed in residential areas?

Yes. Dumpsters must be kept out of the street and right-of-way, and can not block the sidewalk. Dumpsters may be placed in driveways or yard areas. No permit is required unless there is no other alternative but to place it in the right of way. Take me to Permit Applications.

16. Can the city enforce covenants in my subdivision?

No. Covenants are private agreements between the homeowners in your subdivision. The city does not have the authority to enforce these agreements. Likewise, even if your subdivision covenants allow your construction project, you still must obtain a building permit from the city before beginning work.

17. Where can I get a copy of my covenants?

Check your closing records from when you purchased your home. If you cannot find them there, try your homeowners’ association. Also, if the covenants were recorded properly, you should be able to obtain copies from the Gwinnett County Courthouse Records Room.

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Business Licenses

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1. What do I need to do to obtain a license to operate a new business?

You must submit a completed Occupation Tax Certificate Application and U.S. Qualified Citizen Affidavit along with a nominal administrative fee to city hall. In addition, you may be required to submit a copy of the certificate of occupancy, fire marshal certificate of occupancy, and health department approval, if applicable. Staff will review the application and calculate the amount of occupation tax owed, which will be billed to you. Once the city receives your occupation tax, staff will send you your occupation tax certificate. Take me to Business Licenses, etc.

2. What do I need to do to obtain a license to operate a home occupation?

You must submit a completed Home Occupation Tax Certificate Application and a U.S. Qualified Citizen Affidavit along with a nominal administrative fee to city hall. Once the application materials have been received, the ordinance enforcement officer will contact you to schedule a zoning compliance inspection. For applications in compliance with Sections 78-205 and 78-206 of the zoning ordinance, staff will issue a home occupation tax certificate. Take me to Business Licenses, etc.

3. What is the deadline for filing for a NEW business license?

Within 30 days of commencement of business.

4. What is the deadline for filing for a business license renewal?

March 1st.

5. When does my business license expire?

All business licenses expire on December 31st.

6. How do I know whether my business will owe an occupation tax?

If your business employed more than 2 full-time equivalent workers in the previous calendar year, you will owe an occupation tax. City staff will bill you for the exact amount upon receipt of your application.

7. When is my occupation tax due?

March 31st.

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Committees

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1. Why do we have citizen committees?

Berkeley Lake is blessed with many passionate, intelligent, experienced individuals who generously offer their time in community service. Through their work, we greatly expand the number of citizens in government, keep our government focus closer to community viewpoints, save money, and provide experience helpful for future candidates for office.

2. What is the function of committees?

The general purpose of committees is to research and advise. Research is accomplished many ways, which can include contacting other organizations (e.g. Gwinnett County, Gwinnett Municipal Assn., Ga. Municipal Assn., other cities), searching the library or web, holding public meetings or surveys, and simply thinking through alternatives. Advice is given to Council and can be via written reports and/or oral presentations.

3. How are committees formed?

Per City Charter (2.20.b): “All committees and committee chairs shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.” Any citizen can contact the Mayor to let her know of their interest and she will be glad to appoint them to a committee. The Mayor has solicited council members and homeowner association presidents to help her find interested citizens, so you may want to speak to one of them first if you would be more comfortable doing so.

4. Who decides how committees operate?

The committees do! Committees are free to organize and work as is most convenient and efficient. You can hold formal meetings under Robert's Rules of Order or informal brainstorming sessions. You can meet in City Hall, in your homes, or out for dinner. You can maintain detailed minutes and monthly status reports or you may provide only your recommendations to Council.

5. What are the requirements for record keeping, reporting, and open access?

There are very important requirements for public access and records of decision making by governmental bodies. All recommendations of committees to Council will be received and contemplated under these rules. The committees themselves are not subject to these requirements and may choose for themselves the most appropriate process to fulfill their advisory roles. If the committee wishes to make a written report, the mayor requests that it be emailed to her a week in advance of a council meeting so that she may post it on the city website. That way councilmembers have a chance to review it with more time and attention than they may have at a meeting, and all our citizens can have access to the information as well. The mayor also requests that committee chairs keep a record of dates the committee met and members who attended. If an individual committee member finds it difficult to attend meetings regularly, she may deem it necessary to appoint a replacement who has more time available. The mayor will contact committee chairs every 6 months to obtain an update if one has not been received already. Information obtained at that time will be reported to council.

6. How will the public provide input?

Of course, committees are themselves public input. Not all issues or all committees work on topics of wide public interest. Where there is significant interest, committees are encouraged to seek public comments via open meetings, surveys, town hall meetings, and our web site as appropriate. Committee chairs should contact the mayor for help in arranging such. Citizens should also be encouraged to pass their comments and questions along to committee members and/or invited to attend a committee meeting. Citizens may also comment on the record at Council meetings when committee reports are made or to Council Members anytime, including during the public discussion period preceding each Council meeting.

7. What is the role of the Council Liaison?

The Mayor has asked a Council Member to assist each committee as requested. They are a resource, and can be a valuable mentor, and serve as one conduit to Council. The council liaison is not on the committee, has no authority over the committee, does not vote, and attends committee meetings only when invited (specifically or an open meeting). Above all, these are citizen committees.

8. How often and where do committees meet?

In general committees are encouraged to meet monthly or at least once per quarter. Committees may meet where and when they choose. If they would like to utilize City Hall, it will be made available to them.

9. Can committees use City equipment?

Yes. Please feel free to utilize our photocopier and other equipment when needed for committee business during City Hall hours. Off-hours access can be made available via the committee liaison, any other Council Member, or the Mayor.

10. Can non-committee members help a committee?

Yes. Committees are encouraged to create sub-committees and otherwise enlist the aid of other citizens where possible. However, only the Mayor can appoint committee members or select the committee chair.

11. Can different committees work together?

Yes. There are many situations where an issue touches upon the function of more than one committee. Committee chairs should contact each other to coordinate. Joint reports are also acceptable when appropriate.

12. How are expenses approved?

Expenses (if any) must be approved in advance by the Mayor.

13. I have a question not answered by the above. Whom do I ask?

Committees are created by and operate under the authority of the Mayor. The Mayor can provide an authoritative answer to any questions.

14. Are there any exceptions to the answers above?

Yes. Some committees have additional responsibilities as defined by resolution or ordinance. In situations where authority has been delegated to a committee, record keeping and public access are required during such deliberations. The Mayor is the authority (as advised by the City Attorney) who decides what qualifies in this regard.

15. Anything else?

Yes - THANK YOU! Your service to the community is deeply appreciated. You have the full support and respect of your elected officials.

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Coyotes

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1. Why is this issue surfacing now?

From time to time, citizens have contacted staff and elected officials about coyote sightings.

2. Haven't we always had coyotes in the area?

Coyotes are not indigenous to the State of Georgia. They are originally indigenous to the southwestern United States. However, over the past 50 years they have migrated all across the United States. They were first sighted in Georgia in the late 1970s and arrived in Atlanta in the early 1990s. Coyotes can adapt and thrive in almost any rural, suburban, and urban environment. They are renowned for their keen intelligence, ability to learn (as individuals and a group), sharp eyesight, and keen sense of smell. Superb stalkers, they can reach speeds of 40 mph in two or three steps. Since they have no natural enemies (other than wolves, mountain lions, and man), their numbers are increasing nationwide.

3. What do coyotes look like?

Coyotes are a medium-sized canine. The males range from 25 to 40 pounds. Females range from 22 to 35 pounds. Coyotes may vary from reddish brown to black, but the standard color is brownish-gray, with dark highlights on the shoulders and back, and a creamy underbelly. A bushy tail is held straight behind the body. An adult coyote is 3 1/2 to 4 1/2 feet long, from nose to tail.

4. What do coyotes eat?

Coyotes are not finicky eaters. They will eat whatever they catch, including but not limited to rabbits, mice and other rodents, grasshoppers, watermelon, deer (mostly fawns), dog food off your back porch, house cats, small dogs, squirrels, opossums, corn, chickens, raccoons, snakes, berries, birds, road kill, and household garbage.

5. Is there an explanation for the increase in recent encounters?

Coyotes are territorial animals. They mark a territory of about seven square miles (or an area that is naturally bounded) and defend it against other coyotes. They patrol this territory in search of food and can be found just about anywhere in that territory at any time, day or night. This explains why sightings can be random.

Coyotes breed in January and February. The gestation period is about two months. One plausible explanation for the recent increase in sightings is that a coyote pair may have settled in nearby neighborhoods to birth and raise their litter.

If this happens, they will establish the immediate vicinity as their primary hunting area to feed and rear their young (typically five to seven pups).

6. If we keep our pets inside at night, won't that solve the problem?

Coyotes are primarily nocturnal, but their definition of night is not dusk to dawn. They may start hunting several hours before darkness and/or continue hunting several hours after daylight.

As a result, you can't assume that just because it is daylight, it is alright to let your pets out. Also, since they have no natural predators here, coyotes can rest or sleep just about anywhere (such as under a hedge), day or night.

Coyotes have natural tendencies, but can also be completely unpredictable. The only safe course is to keep your pets indoors and on a leash when outside.

7. Are coyotes a threat to people?

Coyotes in the wild are reared to fear humans. Attacks on humans are rare. However, some coyotes in urban areas have lost their fear of humans, possibly because of living in such close proximity with people. It is best to use caution when dealing with coyotes.

Additionally, when a person comes into contact with a coyote it is important to engage in an activity that promotes the coyotes fear of humans.

8. What can we do to remove coyotes from our area?

Wildlife experts and virtually all scientific studies agree that trapping is not an effective method for coyote management. Nearly all of the studies that have been done conclude that trapping only exacerbates the problem because the remaining members of the species competitively over-breed to fill the gap that trapping creates.

Neither the Georgia Department of Natural Resources (DNR) nor the Gwinnett County Animal Control has the resources to remove coyotes. They provide two different avenues for controlling the coyote population: trapping / hunting and prevention.

Trapping / Hunting
The Georgia DNR has a list of private trappers who are licensed and qualified to trap and remove animals based upon the requirements in State law.

Prevention
For information on preventing coyotes from frequenting your area, please view Coyote Prevention.

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Elections and Voting

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1. What are acceptable forms of identification for voting in person?

The Secretary of State has a brochure outlining acceptable forms of identification.

2. Where do I vote?

If you are voting in a Berkeley Lake city election, Berkeley Lake City Hall is the only polling location. If you are voting in a county, state or national election, your polling location will be somewhere other than city hall. For current polling locations, check the Secretary of State's "My Voter Page."

3. How do I request an absentee ballot?

Call city hall at 770-368-9484 X 102 and request that an application by mailed or faxed to you. Once you have completed the application, you can mail, fax or deliver it to city hall for processing. The Secretary of State's website also has the application available for download.

4. When can I request an absentee ballot?

Application for an absentee ballot may not be made until 180 days prior to the election in which you desire to vote. However, no absentee ballot can be mailed or issued the day prior to the election.

5. Who is eligible to vote by absentee ballot?

Any registered voter who is eligible to vote in an election may vote by absentee ballot in person or by mail.

6. Can I vote in person prior to Election Day?

Any registered voter who is eligible to vote in an election may vote in person during the early voting period. Early voters will be required to complete an absentee ballot application, supply acceptable identification, and vote at the early voting polling location. Early voting will not be available the day before the election. For city elections, early voting will take place at city hall. For county, state and national elections, Gwinnett County will determine the location of early polling locations.

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Emergency Management

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1. What should I do to be prepared in case of an emergency?

Everyone should prepare an “emergency response plan” for themselves for both home and office. This plan should include who you will contact out of the area should an emergency occur, family emergency numbers, school contacts, an emergency meeting place for the family, and local contacts. Other pertinent information specific to you might include medical information, such as chronic conditions, medications that you use regularly and physician/pharmacy phone numbers. Make sure you discuss your plans with your loved ones and co-workers and give them copies of your plan. Individuals should prepare an Emergency Response Plan for both the home and office.

You also want to be prepared to “shelter in place” for 3 days. (For example, a big snow storm.) To shelter comfortably, you will want to have the basics: 1 gallon of water per person per day, food and manual can opener, a week’s supply of prescription medication, battery powered radio with extra batteries, extra batteries for hearing aids or other assistive devices, flashlight with extra batteries, a list of contacts with family members, friends, doctors, and first aid supplies. If you have a hearing loss, you may also want to consider purchasing a close captioned battery operated TV should your power go out. Any items you normally use that you would need for 3 days should an emergency occur should also be included. If you have a pet, you will need 3 days supply of food and water for each pet. Should you have to evacuate, these supplies should go with you. More extensive lists and information can be found on websites dealing with preparedness, such as www.ready.gov

It is also a very good idea to have a “go bag” ready in case you have to evacuate either your home or work place. This small bag could include those personal items you would need if you had to leave without any notice as well as copies of financial records, pet’s veterinarian records, extra keys for house and car, cash, spare glasses or other special needs items, such as medications, batteries for assistive devices and copies of family documents.

For sheltering longer than 3 days, or if you have to evacuate, you may also want to include blankets and bedding, garbage bags, extra sets of clothes, pet carrier, litter, bags, water for pets, and personal hygiene items with the go bag items.

2. Why is planning so important?

It is everyone’s responsibility to be prepared for any emergency. Initially, emergency services will be consumed with responding to the disaster. It is up to each of us to prepare. Planning in advance will help you, your family and friends manage an emergency in a calm and effective way, which will help keep you safe.

3. I have a disability. If there is an emergency at work, what should I do to be prepared there?

Make sure you have a “go bag” at work, so if you have to shelter in place, or evacuate, you will have your necessary supplies. Make sure you have prepared in advance, your emergency response plan.

Ask your supervisor for the company’s emergency plan and make sure you understand fully what their plans and policies are. You may also want to plan and practice an evacuation if the company does not routinely offer drills.

If you have to evacuate and will need assistance, make sure you plan with a co-worker or two in advance so they can provide assistance.

4. I use a wheelchair and live alone. What should I do to be prepared in case of emergency?

You should be prepared to shelter in place for 3 days using the above supplies as a guide. Visit the web sites mentioned previously for additional information regarding supplies. In addition, you should make sure you have an emergency response plan that you have prepared in advance with a friend, neighbor, or family member who can provide assistance to you, in the event of an emergency where you are unable to manage alone.

5. What does Shelter in Place mean?

Shelter in place is a protective action designed to use an indoor facility and its indoor atmosphere to shield people from a hazardous outdoor environment. This is a short term measure, measured in hours and not days, which will protect the occupant until the hazard passes. If an accident, such as a chemical spill, or an attack creates a dangerous contaminated environment outdoors (such as a radiological release), everyone should be brought inside and the doors and windows closed. The heating, ventilation and air-conditioning systems (HVAC) should be shut down to create a neutral air pressure environment, which will help prevent the contaminated air from entering the facility.

6. Why Shelter in Place?

Sheltering in place is a rapid and effective means of protecting the building occupants from an external threat. To evacuate the facility could expose employees to a greater danger in the external environment.

7. Does Shelter in Place Work?

Of the 35 major chemical accidents in the US over the last 20 years, there has not been a single fatality among individuals who have sheltered in place. (National Institute for Chemical Studies, June 2001).

8. What can community members do to help evacuate themselves and others?

Maintain your sense of community. Use your vehicle to provide transportation to others. Do not add to traffic gridlock. If you are not in an area affected by the evacuation, stay where you are, shelter-in-place. Listen to the media for updates as circumstances change.

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First Responders

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1. How do I register to be a 'first responder'?

Contact BLEMA! Take me to the BLEMA page.

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Lake Berkeley Dam

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1. I would like to receive dirt from or provide dirt to the Lake Berkeley Dam project. What should I do?

Disposal of any soil material from dam construction will be arranged by the City’s contractor. If landowners have potential sites for soil disposal, they must apply for and obtain a permit from the local jurisdiction, which includes creating a detailed grading and erosion control plan. Only after receiving a land disturbance permit will they then be able to receive soil from the contractor. The City will prequalify contractors for dam construction and can make that list available to landowners upon request. The prequalification process is scheduled to begin in October, 2010.

Borrow material for the dam construction must be identified by the contractor and tested by the City’s engineer prior to use on the site. If landowners have sites that they want considered, they should contact the prequalified contractors during the bidding process to discuss individual properties. Land Disturbance permits must be obtained from the local jurisdiction prior to beginning construction.

2. What entities are responsible for Lake Berkeley and associated properties?

The City of Berkeley Lake is responsible for the earthen dam, and the parking lot adjacent to the dam.

The Berkeley Lake Homeowners' Association owns and is responsible for the lake, picnic area, gabion spillway, and beach.

The City of Berkeley Lake rents the parking lot adjacent to the dam to the Berkeley Lake Homeowners' Association for $100 per year. The BLHA is responsible for maintenance of the parking lot adjacent to the dam as tenant.

The Berkeley Lake Homeowners' Association is responsible for removal of sediment from the lake.

3. Who are the community leaders with responsibilities related to Lake Berkeley, the dam and spillway? What are their roles and responsibilities?

Lois Salter, Mayor, City of Berkeley Lake: Coordinate information and communicate to residents with updates via City Council meetings and Mayor's Message; Point of contact for resident inquiries.

Scott Lee, Council Member, City of Berkeley Lake: City Council Liaison to BLHA

Rich Edinger, City Engineer, City of Berkeley Lake/Clark Patterson Lee: Interface with Georgia Safe Dams Program and geotechnical engineering firm.

Gene Rodgers, Ordinance Enforcement Officer, City of Berkeley Lake: Enforces City ordinances.

Chip McDaniel, President, BLHA: Coordinates information and communicates to BLHA membership via BLHA website, email and newsletter.

Randy Kirkus, Watershed and Development, BLHA: Coordinate information and communicate to BLHA Board of Directors regarding development, stormwater impacts to Lake Berkeley and sediment removal activities.

Residents, Community Support: Stay informed regarding current progress by accessing City and BLHA websites. Direct additional inquiries to appropriate contacts.

4. How are repairs to the Lake Berkeley dam to be funded?

The application has made to Federal Emergency Management Agency (FEMA) and Georgia Emergency Management Agency (GEMA) for support available in response to the national disaster declaration was approved by FEMA. FEMA has committed to reimburse the city for up to 75% of approved costs. GEMA will reimburse at least 10% and possibly more. The remaing 15% or less is being provided from city reserves.

5. Will there be a financial impact to city residents for making repairs to the Lake Berkeley dam?

Any city expenditure has financial impact to city residents.

6. With regard to the Lake Berkeley dam, what is happening with FEMA?

Updated 2/11/2010: Many citizens have contacted our two U.S. Senators (Isakson and Chambliss) and our U.S. Congressman (Linder). As a result the Mayor has gotten helpful responses from Johnny Isakson’s staff and John Linder’s staff, as well as a director of FEMA in Washington. A meeting scheduled between the Mayor, City Engineer, and our local FEMA contact had to be postponed due to a death in his family in Germany. It is being rescheduled for when he returns from overseas. John Linder’s aide has arranged with the Mayor to attend that meeting, and it is hoped that a Safe Dams representative will join them.

7. What is the Georgia Safe Dams Program?

Georgia Safe Dams Program is part of the Environmental Protection Division under the Department of Natural Resources.

8. For what is Georgia Safe Dams Program responsible?

Georgia Safe Dams Program responsibilities include:

Inventorying all existing and proposed dams over 25 feet tall or with a 100 acre-feet of storage at the top of the dam.

Re-inventorying existing low hazard (Category II) dams at least every five years.

Classifying dams based on development within the dam failure flood zone downstream.

Approval of plans and specifications for construction and repair of all high hazard (Category I) dams.

Continuously monitoring Category I dams for safety.

9. How often does the Georgia Safe Dams Program inspect the Lake Berkeley dam?

Annually. City employees inspect the dam monthly.

10. What role does the U.S. Army Corps of Engineers (COE) have related to the Lake Berkeley dam?

The COE administers the Clean Water Act (the primary federal law in the US governing water pollution) and has jurisdiction over impacts to wetlands and waters of the US.

11. When was the Lake Berkeley dam built?

The dam was built between 1948 and 1950.

12. What are the responsibilities of the City of Berkeley Lake for maintaining the dam?

As the owner and operator of the Lake Berkeley dam, the city is responsible for mowing, maintenance, and repair activities, including the prevention of trespassing on the dam.

13. What happened to the Lake Berkeley dam during the September 2009 rain event?

From September 15 to September 21, the City received 12.5 inches of rain. Of the 12.5 inches, 6 inches fell on September 21, which put enough water into the lake to raise its elevation by 4 feet. On September 23, while mowing the dam, a City contractor discovered a slope failure about 2/3rd of the way up the dam face.

Earthen slopes can develop a cut-spherical weakness area. Slips along the weakness area sometimes occur after a period of heavy rain, when the pore water pressure at the slip surface increases, reducing the effective normal stress and thus diminishing the restraining friction along the slip line. This is combined with increased soil weight due to the added groundwater.

14. Is Georgia Safe Dams Program requiring the City of Berkeley Lake to repair the earthen dam?

Yes.

15. If the City of Berkeley Lake does not repair the earthen dam, what could happen?

Georgia Safe Dams Program could file suit requiring the City to repair or breach the dam.

The SDP has taken many legal actions against dam owners for failing to properly maintain their dams. The state attorney general’s office provides them with litigation support.

Typically, the SDP gives owners the choice of repair or removal, and they require that owners provide them with progress updates. For example, they would give a deadline for an owner to hire an engineering firm and then require them to show them that a contract had been executed. They then set deadlines for certain milestones to be reached. If progress stalls, new legal action is taken.

16. What are the qualifications of Piedmont Geotechnical Consultants relative to Lake Berkeley dam?

Piedmont Geotechnical Consultants are geotechnical engineering experts, and have specialized in dam engineering for many years. Karl Myers’s experience actually pre-dates the Safe Dams Program. They have intimate knowledge of the typical problems and appropriate solutions for these kinds of dams. They have worked on dozens of earthen embankment dams and Karl Myers sat on the committee that created the geotechnical engineering standards in the Rules for Dam Safety, which are the rules by which the Safe Dams Program regulates the state’s high hazard dams.

17. What are the qualifications of the City Engineer, Rich Edinger of Clark Patterson Lee, relative to Lake Berkeley dam?

Rich Edinger has served the City of Berkeley Lake very well in every way these last few years as our city engineer, but here are his qualifications specific to dams: When Rich was the Public Works Director at the City of Suwanee, he supervised their project to renovate a high hazard dam that Suwanee purchased as part of its open space initiative. This project involved all of the same issues that Berkeley Lake is now dealing with (stability issues, seepage, proper internal drainage, low level drain, etc.). Because of their expertise in dams Peidmont Geotechnical Consultants was also hired to assist in Suwanee’s project. References from Suwanee are excellent, for both Rich Edinger and PGC as engineers that apply critical thinking about the problem at hand, consider the constraints of the particular site and understand the regulatory landscape.

18. Who from the city other than the City Engineer, Rich Edinger, is talking to the Georgia Safe Dams people?

Karl Myers, Craig Robinson (Piedmont Geotechnical Consultants) and Rich Edinger (City Engineer, Clark Patterson Lee) have been the point contacts with the Safe Dams Program because they can represent the City of Berkeley Lake best. Tom Rozier and Walter Anderson participated in a conference call with our engineers and a representative of the Safe Dams Program. Rebecca Spitler, Frank Lombardi and Tom Rozier have participated in subsequent conversations.

19. Isn’t the city just giving in to Georgia Safe Dams Program's demands?

We’re not giving in to Georgia Safe Dams Program (GSDP), but we acknowledge that the dam must meet Georgia Safe Dam Program's standards, which exist to prevent tragedies like the 1977 failure of the Kelley Barnes dam near Toccoa that took 39 lives. Catastrophic failures of engineered systems occur due to many small unrecognized or unresolved problems that, combined, cause the catastrophe. What looks minor on the surface can be a symptom of a larger problem. That’s why we initiated an investigation into the nature of the failure – to find the cause and formulate a repair strategy. Georgia Safe Dams Program has already acknowledged that we don’t have to perform another Hydrology and Hydraulics Study because it’s not related to the problem we see. The question has always been “how to find ways to meet the GSDP’s standards while still producing an economical design.” Kelley Barnes dam

20. What is the elevation of the crest of Lake Berkeley dam?

Currently, 979.5 feet.

21. What was learned from drilling on Lake Berkeley dam and analysis of the cores?

Fill material is “draped” over residual ridge running parallel with North Berkeley Lake Road.

The blanket drain is not as extensive as originally thought.

Embankment material is not compacted as well as it ought to be.

There is a shallow phreatic surface.

The dam is only marginally stable. It does not have the factor of safety that a high hazard dam should have.

22. What are the safety standards associated with earthen dams?

The Georgia Safe Dams Program has standards for the construction of high hazard dams.

23. What does it mean that Lake Berkeley dam is classified as a Category I dam?

There will be probable loss of life in the breach zone should the dam fail catastrophically.

24. What are the primary design specifications for a Category I dam?

The design principle for an earth-fill dam embankment is to determine that cross section which, when constructed with available materials, will fulfill its required function with adequate safety at a minimum cost. To accomplish this, the following criteria must be met:

The embankment must be safe against overtopping of the inflow design flood by the provision of sufficient spillway and outlet works capacity.
The slopes of the embankment must be stable during construction and under all conditions of reservoir operation, including rapid drawdown of the reservoir.
The embankment must be designed so as not to impose excessive stresses upon the foundation.
Seepage flow through the embankment, foundation, and abutments must be controlled so that no internal erosion takes place and so there is no sloughing in the area where the seepage emerges. The amount of water lost through seepage must be controlled so that it does not interfere with planned project functions.
The embankment must be safe from overtopping by wave action.
The upstream slope must be protected against erosion by wave action, and the crest and downstream slope must be protected against erosion by rain and wind.

An embankment designed to meet the above criteria will prove safe provided proper construction methods and control are achieved.

25. Subsequent to the September 2009 rain event, what design specifications are not being met for Lake Berkeley's dam?

The dam is marginally stable, does not have a low level outlet, and does not contain an adequate internal drainage system. Some construction practices used in previous eras would not be allowed today, such as draping the earth embankment over a residual ridge, and only compacting the fill material to 92 percent of standard proctor.

26. What is a Hydrological and Hydrology (H&H) study?

An assessment of how much water will flow into the lake in an extreme rain event and how the lakes hydraulic structures will behave under said rainfall.

27. In order to make repairs to Lake Berkeley dam, will a Hydrological and Hydrology study be required?

Not unless we lower the elevation of the dam.

28. What is the expected cost for repairing the September 2009 damage that occurred to the dam?

Our engineers have submitted a cost estimate to FEMA of approximately $4 million for the entire project including exploration and study performed so far and repairs previously discussed with Georgia Safe Dams Program and FEMA.

29. As part of making repairs to Lake Berkeley dam, how many cubic yards of sediment is expected to be impacted?

Present estimates are between 40,000 and 80,000 cubic yards.

Perspective on 40,000 cubic yards: If you took an area 850 feet long (about the length of the dam) by 100 feet wide and filled about 13 feet – that would equal about 40,000 cubic yards.

30. What is the composition of that material expected to be removed from Lake Berkeley dam and could it be used elsewhere?

The material is not good structural fill and has high moisture content.

31. What is the expected cost for removing and transporting the material suggested to be replaced?

A conservative estimate is between $7.50 and $10.00 per cubic yard.

32. What is 'borrowed dirt' and how much is expected to be required for the project?

“Borrow” is an engineering term used to describe a remote source of soil. We will need approximately 80,000 cubic yards of borrow.

33. Why can’t the dirt now on the dam be compacted and still be used rather than replaced?

Trying to dry out soil after removing it costs more than finding a borrow source and hauling it in because the weather doesn’t cooperate and causes delays.

34. Could the dirt needed to rebuild the dam be taken from the lake bed?

The City Engineer has already considered this. He believes from historical research that much if not all of the dirt that’s on the dam now was removed from the lake bed; and that soil is not serving well. However, if it were a good option financially relative to the other sites that he is exploring (including one fairly nearby), and if soil testing in another end of the lake (not near the dam) showed promise, it could be a possibility.

35. How long are repairs to Lake Berkeley's dam expected to take?

The construction phase is expected to take between 180 and 270 days.

36. What are the overall steps or phases for evaluating, bidding and construction activities relating to repairing the dam?

Broadly speaking, the phases include Problem identification, Design Development, Construction Documents, Right-of-Way/Easement Acquisition, Permitting, Contractor Pre-qualification, Bidding, Construction and Post-Construction.

37. Will the City of Berkeley Lake place sediment from the dam into the lake?

The City and the Berkeley Lake Homeowners' Association, owners of the lake bottom, are still discussing whether it would be mutually beneficial to do so.

38. Will Gwinnett County need to relocate the water main alongside North Berkeley Lake Road?

A portion of the water line will need to be relocated to the opposite side of North Berkeley Lake Road.

39. What is the current slope of Lake Berkeley's dam versus the optimal slope?

The dam stability calculations are still in process, but generally, a conservatively stable slope is 3:1. The dam is currently 2.5:1.

40. What will the impact be for North Berkeley Lake Road?

A portion of the road may need to be removed and replaced, depending on the final established dam slope.

41. What types of devices are being considered to be incorporated into the dam for controlling the water level?

The Safe Dams Program requires 2/3 of the volume of the lake to be drained within ten days. Possibilities include a siphon that discharges to either a chute spillway or a drop structure that leads to a discharge culvert.

42. What is a Gabion Spillway?

In their simplest form, gabions are essentially rock-filled wire baskets or cages. Gabions are useful for a number of applications. Similar to a retaining wall, they can be used for slope stabilization; can protect culverts, streambanks, and other channels against high-velocity moving water; and can even be formed into a variety of aesthetically pleasing structures. Gabion mattresses, with a small height relative to their lateral dimensions, may be used to line channel bottoms, for levee revetment, and for scour protection. Vertical diaphragms are often affixed to the base of gabion baskets to provide additional reinforcement and to limit internal movement of the rock filling.

43. What is the size of Berkeley Lake?

Berkeley Lake is approximately 88 acres.

44. What is the plan for adjusting the level of the lake?

Until it becomes necessary to lower the lake additionally for dam repairs, the plans are to maintain the lake 10’ below normal full pool

45. Are we really sure that the lake has to be lowered further?

The lake must be significantly lowered, and perhaps drained, to perform the repair. Soil cannot be compacted appropriately at a high moisture content, and the seepage through the dam will preclude getting the moisture content right. Also, we need to remove a portion of the embankment to install the internal drainage system, and the dam is already only marginally stable. Performing this repair while the lake is up could lead to a catastrophic failure.

46. How long with the lake remain lowered?

Under these circumstances, the lake level is managed by the City of Berkeley Lake and until the concerns with the dam are resolved the lake will not be allowed to return to full pool. Present estimate – 14 to 18 months.

47. What is the impact to fish and lake’s ecosystem on lowering the lake?

BLHA is presently investigating this impact and studying remedies. FEMA will not provide reimbursement for this.

48. What terms might be helpful to better understand related discussions?

Chimney Drain - A vertical structure of free-draining material (usually coarse sand or gravel) within an embankment placed to intercept and control seep water. (See Filter)

Coffer Dam - Temporary structure enclosing all or part of a construction area, so construction can proceed in a dry area. A "diversion coffer dam" diverts a river into a pipe, channel, or tunnel.

Crest of Dam - The elevation of the uppermost surface of a dam excluding any parapet wall, railings, etc. In international usage, it refers to the crown of an overflow section of a dam.

Crest Width - The width or thickness of a dam at the level of the crest of the dam. In general, the term "thickness" is used for gravity and arch dams and "width" is used for other dams.

Filter (Filter Zone) - A band or zone of granular material that is incorporated into a dam and is graded (either naturally or by selection) so as to allow seep water to flow through the filter to a drain layer without allowing the migration of fine material from the protected zone to the drain layer.

Grout Curtain (Grout Cutoff) - A barrier produced by injecting grout into a vertical zone in the foundation parallel to the dam centerline to reduce seep rates under a dam.

Inclinometer - An instrument, usually consisting of a metal or plastic tube, inserted in a borehole and a sensitized monitor either lowered into the tube or fixed within the tube. This measures at different points the inclination of the tube from the vertical. The lateral position at different levels of the tube may be found by integration relative to an assumed fixed point, usually the top or bottom of the tube. The system may be used to measure settlement.

Rip Rap - A layer of stones, broken rock or precast blocks placed in random fashion on the upstream slope of an embankment dam, on a reservoir shore or on the sides of a channel as a protection against waves, ice action and flowing water. Very large rip rap is sometimes referred to as armoring.

Seep - The interstitial movement of water that may take place through a dam, its foundation, or its abutments.

Slope - The side of a hill or mountain, the inclined face of a cutting, canal or embankment or other inclination from the horizontal. In the United States, it is measured as the ratio of the number of units of horizontal distance to the number of corresponding units of vertical distance. The term is expressed as a percent when the slope is gentle, in which case the term "gradient" is also used.

Spillway - A structure over or through which flood flows are discharged. If the flow is controlled by gates, it is a controlled spillway; if the elevation of the spillway crest is the only control, it is an uncontrolled spillway.

Toe of Dam - The junction of the downstream face with the ground surface.

49. How much time will be allotted to retrieve and remove the fish before construction begins?

The contractor will determine the schedule for removing the fish, but the requirement to minimize odors suggests it will be a quick process. The contractor will submit a fish removal plan for approval prior to beginning the process.

50. What planned methodology is to be used to retrieve and remove the fish from the lake?

- All fish in Berkeley Lake shall be removed in a quick and legal manner.
- The odor of dead fish shall be kept to an absolute minimum and odor for more than a week is not allowed. Fish from the lake shall not be transported into the Chattahoochee River.
- The use of poison or chemicals is not an acceptable way to remove the fish.
- Shocking and netting are being discussed as being possible methods.
- The Contractor shall submit a plan (post-award) about how fish are to be removed.
- It is noted that some citizens may want to be involved in receiving the fish that are harvested and some volunteers are interested in getting the fish quickly to local food coops which might distribute them to needy citizens.

51. How will the fish that are collected to be disposed of?

- All fish in Berkeley Lake shall be removed in a quick and legal manner.
- The odor of dead fish shall be kept to an absolute minimum and odor for more than a week is not allowed. Fish from the lake shall not be transported into the Chattahoochee River.
- The use of poison or chemicals is not an acceptable way to remove the fish.
- Shocking and netting are being discussed as being possible methods.
- The Contractor shall submit a plan (post-award) about how fish are to be removed.
- It is noted that some citizens may want to be involved in receiving the fish that are harvested and some volunteers are interested in getting the fish quickly to local food coops which might distribute them to needy citizens.

52. When “projected” is the lake level to be at its lowest level?

The contractor has 30 days to lower the lake to the prescribed elevation of 912.00.

53. Would fish removal impact the proposed dam work schedule? If so, how to minimize?

No, This is not expected to be an issue as this will be managed by the contractor that has been awarded the bid.

54. Are the any liabilities involved with removal of fish?

Yes. The contractor has insurance to protect himself and the City in case of accidents. This will not extend to BLHA volunteers.

55. Are there limitations on numbers of volunteers working in lake during the process? Managing the process?

We don’t recommend volunteers entering the lake pool during the fish removal process. The contractor has been instructed to coordinate the fish removal activities with the BLHA volunteers, and you should hold a coordination meeting that will minimize volunteer contact with the contractor’s work processes. BLHA should work out the fish donation process to make certain that the fish are handled appropriately so that they remain suitable for human consumption (i.e. do they need to be packed in ice, cleaned and gutted, etc.) and that there are organizations that are willing to take the fish.

56. Will the lake be maintained at a min / max level during the construction phase?

Yes. The lake will be maintained between 912.00 and 920.00 feet above mean sea level.

57. What lake levels are expected to be maintained from Oct 2011 / July 2012?

912.00 to 920.00 feet above mean sea level.

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Meetings

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1. What is an agenda?

An agenda is a printed list of issues the Council, Commission or Committee considers at a meeting.

2. What is a resolution?

A resolution is a method of expressing the opinion or policy of the city council about matters of administration. Resolutions are less formal that ordinances.

3. What is an ordinance?

An ordinance becomes the local law of the City of Berkeley Lake if adopted by the city council. If the ordinance deals with matters of a general and permanent nature, it is included in the Berkeley Lake City Code. If the ordinance deals with matters of a special nature, it is a non-coded ordinance

4. What is a motion?

A motion is the verbal means of a council member taking action on an issue. A motion must be seconded, voted upon, and approved by a majority of a quorum.

5. What is a quorum and how does that relate to voting?

The City Charter states that the mayor and four council members shall constitute a quorum and shall be authorized to transact business of the city council. When the mayor pro tempore is presiding in the mayor's absence, the mayor pro tempore and three council members shall constitute a quorum and the mayor pro tempore shall have no vote. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member shall have the right to request a roll call vote such vote shall be recorded in the journal. Except as otherwise provided in the charter, the affirmative vote of three council members shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall only be able to vote in the event of a tie. The mayor shall have the power to veto any motion, resolution, ordinance, or other question adopted by the council, but such veto may be overridden by a vote of four-fifths of the entire council.

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Municipal Court

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1. Where is the Berkeley Lake municipal court located?

Municipal court is held in the city hall auditorium to the right of the main entrance at 4040 S Berkeley Lake Rd, Berkeley Lake, GA 30096

2. What is the court's operating hours?

Municipal court is in-session the 2nd Wednesday of March, June, September and December at 5:30PM if needed and at other times as needed. Defendants are notified of their court date along with their citation.

3. What is the maximum fine and sentence in Municipal Court?

The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as provided by law. Each day a violation occurs shall be considered a separate and distinct violation.

4. What types of payments does the court accept?

Currently the court will accept cash, money order, and a personal check if you are a Gwinnett County resident and your bank is located in Gwinnett County. You must show a valid drivers license when writing a personal check and the court reserves the right to refuse any personal check for any reason.

5. Does the court accept credit card or debit card payments?

Not at this time.

6. Where do I find a copy of the municipal ordinances of the City of Berkeley Lake?

Follow this link ... Code of Ordinances

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New Resident Information

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1. Where can I sign up for utilities?

A list of utility companies along with contact information is available in the resource directory on this site. Visit the resource directory

2. How can I get more information on trash pickup and recycling?

The city's exclusive waste hauling provider includes trash pickup and recycling services in its services. Advanced Disposal contact information

3. Where are the parks?

The city park is located at and around City Hall at 4040 South Berkeley Lake Rd. There is a children's playground, walking circuit, landscaping, benches and seat walls. View more information on parks

4. Are any animals banned in the city?

The answer to that question is best found by reading the city Code of Ordinances, Chapter 10, Animals. View Chapter 10.

5. Where can I find emergency disaster information?

The City of Berkeley Lake has the Berkeley Lake Emergency Management Agency (BLEMA), a citizen committee devoted to planning and coordinating first responders in an effort to assist citizens until County, State or Federal resources are deployed. Learn more about BLEMA

6. Resources for other service, e.g. cable, phone?

A list of service providers along with contact information is available in the resource directory on this site. Visit the resource directory

7. Where can I find local school information?

That information is available in the Resource Directory on this site. Visit the resource directory

8. Do I have to license my pets?

Section 10-27 of the City Code of Ordinances requires that citizens meet the county's licensing requirements for dogs. According to its website, the county doesn't license dogs but does require a current rabies tag.

9. What are the local emergency contacts?

In case of an emergency, dial 911.

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Ordinance Enforcement

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1. How do I file a ordinance enforcement complaint?

A complaint can be filed by contacting the Code Enforcement Officer at (770) 368 9484 Ext. 103, or by emailing oeo@berkeley-lake.com or by using the Citizen Request Tracker on this website. Citizen Request Tracker

2. If I receive a notice of violation and I have subsequently corrected the violation what do I do?

Contact the Code Enforcement Officer at (770) 368 9484 Ext. 103, or by emailing oeo@berkeley-lake.com to advise the officer of the status.

3. How tall can grass grow on a lot before a code violation occurs?

Premises and exterior property shall be maintained free from grass, weeds or uncultivated vegetation in excess of 12 inches in height. Exceptions: Property one acre or greater in size.

4. When can trash be placed at the curb for collection?

Garbage, rubbish and recyclables shall not be placed on the right-of-way more than 24 hours in advance of pickup, and all empty containers shall be removed from the street within 24 hours after pickup.

5. Are residents required to store trash containers inside?

No, but trash containers can not be stored at the curb. Trash containers should be moved from the curb after collection and placed beside the home or in a non-visible location.

6. What constitutes a junk vehicle?

Junk vehicle means any vehicle, automobile, truck, van, trailer of any kind or type, or contrivance or part thereof, which is wrecked, dismantled, partially dismantled, stripped, partially stripped, inoperative, abandoned or discarded.

7. Where can inoperable vehicles be stored?

Junk vehicles must be stored inside a closed building except for items listed in City Code Chapter 14. View City Code Chapter 14

8. Who enforces abandoned vehicles that are parked on the street?

Contact the Public Safety Patrol. Contact Info

9. Where can I place my garage or yard sale signs?

Weekend directional signs advertising private sales or events shall be permitted from 6:00 p.m. Thursday until 11:59 p.m. on Sunday subject to the following specific requirements: (1) Such signs shall be located within two miles of the property to which they refer, as measured along existing streets. (2) No such sign shall be located within ten feet of the pavement of any street and shall not be permitted on any public right-of-way. (3) Such signs shall not exceed four square feet in area and shall be self-supporting.

10. Does the City enforce subdivision covenants?

No. Subdivision covenants are private land use restrictions that must be enforced through the homeowner's association or by individual home owners.

11. Where can I display my vehicle for sale?

You may display a vehicle you own in your own driveway or upon your property. You may not park the vehicle on public property, including the right-of-way or property you do not own and offer it for sale without permission from the property owner.

12. Are dumpsters allowed in residential areas?

Yes. Dumpsters must be kept out of the street and right-of-way, and can not block the sidewalk. Dumpsters may be placed in driveways or yard areas. No permit is required unless there is no other alternative but to place it in the right of way.

13. Am I permitted to burn within the city limits?

Burning garbage is prohibited. Burning rubbish, paper, pasteboard boxes, rags, straw, packing materials, shavings and similar materials is prohibited except in an incinerator equipped with spark arrestor devices and meeting all standards and requirements established by the air quality branch of the environmental protection division. It is unlawful to burn leaves, paper, rubbish or other substances upon public streets, sidewalks or alleys of the city. Notwithstanding anything in the fire prevention code of the county to the contrary, and except as provided in city code Section 30-3, subsection (c), the open and outdoor burning of garbage, debris, leaves, limbs, or other yard waste materials shall not be permitted within the municipal limits of the city. This provision shall not apply to land clearing activities under permit from the state environmental protection division.

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Planning & Development

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1. What is zoning?

Zoning is the establishment and enforcement of regulations governing use, placement, spacing, and lot size requirements in separate districts. In other words, zoning is a tool to guide growth through the creation of categories that allow and regulate land uses.

2. How do I determine what uses are allowed in a particular zoning district?

Consult the city's zoning ordinance. It outlines all the permitted uses and certain regulations that govern those uses. For more information, contact city hall.

3. How can I find out the zoning on my property?

You can refer to the city-wide zoning map or contact city hall. When calling city hall be sure to have the address and, if possible, the tax identification number.

4. How do I apply for a building permit?

Building permit applications are filed at city hall. Application forms are available on the city website or at city hall. Most permit applications require a 3-5 day review.

5. Do I need a permit to have a garage sale, and how often can I have one?

A permit is not required. A garage sale may be held up to twice per year. Each sale may last up to two days.

6. Where can I place my garage or yard sale signs?

Garage and yard sales signs must be located within two miles of the property to which they refer, as measured along existing streets. No such sign shall be located within ten feet of the pavement of any street and shall not be permitted on any public right-of-way. Such sign shall not exceed four square feet and must be self supporting. Signs shall only be permitted from 6:00 pm on Thursday until 11:59 on Sunday.

7. Where and when can I place a sign to sell my home?

One 'for sale' sign not in excess of six square feet is permitted on the subject lot and must be located outside the right-of-way. The sign may remain in place until the house is sold.

Temporary non-illuminated directional signs that direct traffic to a property for sale are permitted but must be located within two miles of the property to which they refer, as measured along existing streets. Such sign shall not exceed four square feet and must be no taller than six feet. Such signs, if located on the same street and referring to the same property, must be separated by 1,000 feet. Such signs must be located ten feet from the edge of pavement of any street and may not be located within a public right-of-way.

8. May I conduct a business out of my home? Are there any restrictions?

A limited number of occupations are allowed in residential areas. For information about whether the business you are interested in conducting is permitted, contact city hall at (770) 368-9484. For the regulations governing home occupations you may review the zoning ordinance. In addition, home occupations are subject to business licensing requirements. Business Licensing

9. Are there any regulations regarding displaying signs on my property?

A sign permit is required for most temporary and permanent signs. Sign regulations vary according to each zoning district, so please contact city hall at (770) 368-9484 to determine the size and type of signs allowed on your property. Signs located in the City right-of-way are not permitted and will be removed.

10. How can my property be annexed into the City?

Anyone interested in annexing into the city should contact city hall at (770) 368-9484 for further information.

11. When does the Planning and Zoning Commission meet? Where can I find an agenda?

The Planning and Zoning Commission typically meets at 7:30 pm on the second Tuesday of every month. Agendas are posted at city hall and on the city website no later than the Friday prior to each meeting. Agendas

12. Why is there a public notice sign posted in my neighborhood?

The sign is general notice to the public that a public hearing has been scheduled regarding the use or development of the property upon which the sign is placed. You may contact city hall at (770) 368-9484 to find out details about the specific request.

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Property Taxes

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1. What is a millage rate?

For City taxes, the tax rate, or millage rate, is set annually by the Council of the City of Berkeley Lake. A tax rate of one mill represents a tax liability of one dollar per $1,000 of assessed value. The governing authority estimates their total revenue from other sources. This figure is subtracted from their overall budgetary needs, and then a millage rate is set that will generate the necessary revenues to fulfill budgetary requirements.

2. What is the current millage rate?

Follow the link to the right to the Property Taxes page. Property Taxes page.

3. How is the millage rate calculated?

The millage rate equation is just simple math.

In order for council to arrive at the appropriate millage rate they must know the following:

(A) A dollar figure answer to the question, "how much money do we need to balance the budget?"
(B) A dollar figure answer to 'how much is all of the property in the City of Berkeley Lake worth(fair market value), multiplied by 40% (assessed value)?"

(C) is the millage rate. Divide (A) by (B) to arrive at (C).

4. What is the difference between fair market value and assessed value?

Assessed value is defined as being 40% of the fair market value. Property in Georgia is taxed on the assessed value.

5. What does 'ad valorem tax' mean?

The phrase 'ad valorem' is Latin for 'according to value'. An ad valorem tax is a tax based on the assessed value of real estate or personal property. Ad valorem taxes can be property tax or even duty on imported items. Property ad valorem taxes are the major source of revenue for the City of Berkeley Lake.

6. What is a 'tax digest'?

A tax digest or tax roll is the official list of each taxpayer subject to property taxes together with the assessment and the amount of taxes due.

7. Who decides how much my property is worth for taxation purposes?

The Gwinnett County Board of Assessors and their staff have the responsibility of determining the value of property in Gwinnett County. Gwinnett County Tax Assessor's Office

8. What property is taxed?

All real estate and personal property are taxable unless law has exempted the property (O.C.G.A. 48-5-3). “Real Property” is land and generally anything that is erected, growing or affixed to the land; personal property is everything that can be owned that is not real estate. “Personal property” typically consists of inventory and fixtures used in conducting a business, such as boats, aircraft, farm machinery, motor vehicles and mobile homes. The contents of your household are not normally taxable unless they are used for a home-based business.

9. How is my tax bill calculated?

To calculate a tax bill, you must multiply the net assessed value by the millage rate.

10. How much do I owe?

The City of Berkeley Lake has an intergovernmental agreement with the Gwinnett County Tax Commissioner to bill city taxes on your county tax bill. You may view your property tax balance by visiting the Gwinnett County Tax Commissioner's website or calling (770) 822 8800. Gwinnett County Tax Commissioner

11. What is a 'tax rollback rate'?

The tax rollback rate is the tax rate that would bring about the same amount of dollars from the previous year.

12. What is a 'tax levy'?

In property taxes, it's the total revenue that is to be generated by the tax. In other words, when the assessed value of all of the properties on the tax digest (roll) is added up and that resulting number is multiplied by the millage rate, the resulting number is the tax levy.

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Septic Systems Maintenance

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1. My home is connected to the Gwinnett County Sanitary Sewer; does this program apply to me?

No. The Berkeley Lake Required Septic Inspection and Servicing requirements apply only to those homeowners who use a private septic system located on their property.

2. What are the Berkeley Lake Septic Inspection and Servicing requirements?

The City of Berkeley Lake requires that privately-owned septic systems be regularly inspected and pumped by a licensed contractor registered with the Gwinnett County Health Department. That servicing must include both inspection of the septic system components and pumping of the septic system’s tanks. The maximum service interval for required Septic System service shall not exceed five years from the date of the last certified inspection and service that was properly reported to they city. The homeowner is responsible for notifying Berkeley Lake City Hall via completing and submitting forms provided by the City that the required service has been performed. Checklist and forms.

3. Five years is a really long time; what if I forget?

Don't worry about forgetting. The city maintains a database of all of the septic systems located within the city limits and will remind owners when required inspection and service is due.

Approximately 90 days before septic servicing is due the owner will receive a letter advising of the upcoming deadline for service. That letter will include the needed forms.

Approximately 30 days before septic servicing is due the owner will receive a second notice advising more urgently of the rapidly upcoming deadline for service. The Septic Tank Inspection Form and the Statement of Inspection and Service form will be Included with that notice. Checklist and forms.

4. I received a notice that my septic system is due for inspection; what do I do?

1) Before the service deadline date, arrange for a licensed contractor registered with the Gwinnett County Health Department to inspect and pump out your septic system. Be sure that you call the contractor far enough in advance of the due date so that the work can be performed and you can get the forms to city hall on or before the due date.
2) Have your forms ready when the contractor arrives and after the work is performed, Have the contractor complete and sign the Septic Tank Inspection Form before leaving. While it's not impossible to get the form signed after the contractor leaves, being prepared and having that done while the contractor is on-site will be much more convenient for you. Be sure to get a receipt from the contractor. You are going to need that.
3) The owner of the septic system should complete the Statement of Inspection and Service form.
4) Return the completed Septic Tank Inspection Form, Statement of Inspection and Service form and a copy of your receipt from the septic tank service company to city hall within 10 days of the inspection and service or the due date, whichever is earlier. Checklist and forms.

5. Is it possible that my septic system may need inspection and service before the five-year required interval?

Yes. Depending upon variables such as the size of the tank(s), the amount of solids going into it, you may need to have your septic system serviced more frequently than the required five-year interval. Septic System Maintenance Resource

6. My septic system was inspected/serviced but I did not send in the forms. What should I do?

The city requires the following after a septic tank is inspected and serviced.
1) Septic Tank Inspection Form completed and signed by the Septic System Licensed Contractor
2) Statement of Inspection and Service completed and signed by the homeowner
3) A copy of your receipt from the septic tank service company.
The forms can be found on the website or picked up at city hall.

7. Ours is a weekend home; does the five-year interval apply to us?

Yes. The five-year required inspection and service interval does apply to you. However, the city recognizes that there are variables and circumstances which may prevent the need for inspection and maintenance at that frequency; therefore, extensions are available if certain criteria are met. Septic system owners who believe they should be eligible for a compliance deadline extension should complete the appropriate extension application and submit it to city hall at least 30 days before the compliance deadline. Extension Request Form

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Severe Weather Siren

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1. What does that noise/siren mean?

The City of Berkeley Lake is proud to have a severe weather warning siren system strategically placed within the City. Following is the information regarding siren use in the Cities of Berkeley Lake and Duluth. The siren may be heard beyond the City limit boundaries. If you have additional questions please call Duluth Police Department at 770 476 4151

2. When are the sirens sounded?

•Tornado Warning - in accordance with the National Weather Service definition of reported tornado activity
•Tornado actually spotted in the area
•Tornado watch defined by the National Weather Service as conditions favorable for a tornado
•DO NOT CALL 911 to ask why sirens are sounding.

3. How long are sirens sounded?

• Sirens sounded continuously for 3 to 5 minutes in the event of a real emergency.
• Sirens are sounded for 20 to 30 seconds during testing.

4. What should I do when I hear the sirens?

• If high winds, severe thunder and lightning are present immediately go to your basement or safe area in your home. Be sure to have a flashlight and battery operated radio (with fresh batteries) so you will know when the storm has passed and when it is clear to leave your safe area.
• If you are outside and away from buildings or shelters get away from trees and lie flat on the ground until the storm passes.
• If you are in a vehicle get out immediately and get to a more substantial structure.
• If weather does appear severe in your area tune in to a local Atlanta TV or radio station for weather updates. Be prepared to go quickly to your safe area if weather conditions worsen.

5. Is "all clear" issued when conditions are safe?

We DO NOT issue an 'all clear' signal. Tornadoes are very unpredictable and for this reason, we do not sound an 'all clear' signal. You should monitor radio and TV channels from your safe area to determine when severe conditions have passed the area.

6. Why do I hear sirens when the weather is clear?

• Sirens are tested at 12:00 noon on the first Wednesday of each month for 20 to 30 seconds corresponding with the National Weather Service s testing of their emergency systems. If questionable weather conditions exist on first Wednesday, the test will be conducted on Thursday. If the weather is questionable on Thursday, the test will be canceled for the month.
• When repairs are made on the sirens, repair personnel will test the siren to ensure it is in working order.

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Tree Removal

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1. Do I need a tree removal permit to remove a dead, dying, diseased or fallen tree?

Yes. In addition to requiring a permit for the removal of a healthy, living tree, the city also requires a permit prior to the removal of a dead, dying, diseased or fallen tree.

2. Is a tree removal permit required prior to removing trees in emergency situations?

No. If there is a tree that is endangering people or property, the tree should be removed. However, the homeowner who removes the tree should contact the ordinance enforcement officer on the next business day following removal.

3. What if my lot does not meet the minimum tree density standard?

Whatever tree density currently exists on the lot must be maintained. While you will not be required to plant trees to meet the minimum density requirement, no tree can be removed without replanting enough new trees to maintain the existing tree density on the lot.

4. Is there a fee for a tree removal permit?

No. The city issues tree removal permits without charging the applicant a fee.

5. Do I need a tree removal permit for tree removal associated with construction activity?

Yes. Even if you have a building permit or a land disturbance permit for work you are doing to your lot, you still need to obtain a tree removal permit so that the city can verify that you are meeting the required tree density standard.

6. If I need to plant replacement trees to comply with the ordinance, are there rules about what kinds of trees I can plant?

Yes. The city has an approved tree list from which replacement trees should be selected.

7. Does a tree removal permit expire?

Yes. Tree removal permits are valid for 90 days. If trees have not been removed within 90 days of permit issuance, a new tree removal permit is required before trees may be removed.

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Variances

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1. What if I need an exception to the rules?

If the construction project you propose does not comply with the requirements of the zoning ordinance, you may be eligible for a variance if certain criteria are met. The variance application and checklist are available on the city website as well as at city hall. Take me to Variances.

2. What is the variance hearing process?

Variance requests are heard and decided by the Planning & Zoning Commission at a public hearing. The commission has a regular meeting schedule, and public hearings are held within the course of a commission meeting. Before the commission can consider a variance request, certain public notice requirements must be met. At least 15 days before the public hearing, notice of the time and place of the hearing must be published in the Gwinnett Daily Post and a sign providing information about the request and hearing must be placed in a conspicuous location on the subject property. The sign must remain posted until after the variance hearing. In order for the commission to grant a variance, the commission must find that certain criteria as outlined in Section 78-366 of the zoning ordinance have been met. At the hearing any party having an interest in the variance being considered may appear in person or be represented by an authorized representative. Take me to Variances.