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Medley’s stormwater deal would leave private upkeep with the owner

Three agreements scheduled for Nov. 18 would pair county sewer access with conditions on private infrastructure inside water and sewer easements.

Fulton County could let private stormwater infrastructure at Medley in Johns Creek, Georgia, remain inside county utility easements without taking over its upkeep. Two proposed agreements would leave maintenance, repair and replacement of the private improvements with the property owner.⁠[1][2][3]

Those permissions are part of three agreements scheduled for commissioners’ Nov. 18 meeting involving TPG AG EHC III (EMP) Multi State 4, LLC, at 0 Johns Creek Parkway. One addresses sewer ownership and county access; the other two seek conditional permission for stormwater infrastructure within existing water-line and sanitary-sewer easements. They are requests for approval, not completed approvals.⁠[1]

The distinction is practical: county crews would retain access across the private improvements for routine maintenance and emergency repairs to public utilities, while the owner would maintain the private improvements themselves. Permission to share the easement would not make those improvements Fulton’s maintenance responsibility.⁠[2][3]

Both easement agreements also would let Fulton suspend or revoke the permission immediately in an emergency, or with at least 10 days’ notice for a necessary governmental function in a non-emergency. If the owner’s employees or subcontractors damage public utilities—or private improvements fail and cause damage—the owner would have to repair or replace the utilities. Fulton could do that work and charge the owner.⁠[2][3]

The separate sewer agreement would transfer the covered sanitary sewer system to Fulton and secure access, including through locked gates for emergency repairs. But county ownership would not automatically mean county payment for every repair. The draft assigns costs differently to single-family, multifamily and commercial or mixed-use developments. The agenda request does not specify which cost category applies to this site.⁠[1][4]

The three requests are on the consent agenda for the 10 a.m. meeting at the Fulton County Government Center’s Assembly Hall, 141 Pryor Street SW in Atlanta. Under the agenda’s stated procedure, consent items are handled in one motion unless an item is moved for separate consideration.⁠[1]

Sources

4 official sources cited in this report. The bracketed numbers in the text link here.

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