The intent of these overlay districts is to establish minimum development standards and criteria that will afford reasonable protection of environmentally sensitive natural resources found throughout the county. Based on the findings of the county's comprehensive plan, it has been determined that the wise management of these resources as defined in these regulations is essential to maintaining the health, safety, general welfare and economic well being of the public. These regulations do not apply to the Mountain Creek Reservoir.

(Res. No. 99-13, 7-13-1999)

Banks County's Environmental Conservation Districts shall include the following districts:

Ground Water Recharge Area Protection District.

Water Supply Watershed Protection District.

Wetlands Protection District.

The boundaries of these environmental conservation districts are shown on a set of maps designated as "overlay district" and are included as part of the county's official zoning district map, which is on file with the Banks County Clerk for public use.

(Res. No. 99-13, 7-13-1999)

In addition to the definitions provided in this zoning ordinance, the following definitions shall apply to this article:

Corridor. All land within the buffer areas and other setback areas specified in a water supply watershed.

Environmental conservation district. An environmental conservation district is a map overlay that imposes a set of requirements in addition to those of the underlying zoning district:

Hazardous waste. Any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency (US EPA) pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 CFR Section 261.

Perennial river/stream. A river/stream or section of a river/stream that flows continuously throughout the whole year.

Protected river corridor. All land, inclusive of islands, in areas of a protected river within a distance of 100 feet horizontally on both sides of the river measured from the uppermost part of the river bank; the area between the top of the bank and the edge of the water is included in the protected area.

Reservoir boundary. The edge of a water supply reservoir defined by its normal pool level.

River/stream bank. The rising ground, bordering a river or a stream, which serves to confine the water to the natural channel during the normal course of flow.

Utility. Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads or other utilities identified by a local government.

Water supply reservoir. A governmental owned impoundment of water for the primary purpose of providing water to one or more governmental owned public drinking water systems.

Water supply watershed. The area of land upstream of a governmental owned public drinking water intake or water supply reservoir.

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. The ecological parameters for designating wetlands include hydric soils, hydrological vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

(Res. No. 99-13, 7-13-1999)

Recharge areas are vulnerable to urban development activities as well as agricultural activities. Pesticides and herbicides sprayed on crops and animals wastes, like septic tank effluents contribute to deterioration in the groundwater quality and can threaten the health of residents relying on well water. Development usually means an increase in the amount of land covered with impervious surfaces. Paving land in recharge areas can alter or impair their recharge characteristics thereby decreasing groundwater supplies.

(Res. No. 99-13, 7-13-1999)

The purpose of this district is to establish criteria to protect significant groundwater recharge areas from pollution by spills, discharges, leaks, impoundments, applications of chemicals, injections and other development.

(Res. No. 99-13, 7-13-1999)

The groundwater recharge area protection map is delineated according to the Georgia Department of Natural Resources' "Significant Recharge Areas, Hydrological Atlas 18 (1989 edition)" and the "Pollution Susceptibility Map," which categorize the land areas of Banks County into areas having high, medium and low groundwater pollution potential.

(Res. No. 99-13, 7-13-1999)

All uses allowed in the underlying zoning districts are permitted in the groundwater recharge area protection district. The following are additional requirements for specific uses:

a.

All above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall meet the requirements of US EPA rules for oil pollution prevention, 40 CFR 112.1, including a secondary containment for 110 percent of the volume of such tanks or 110 percent of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements. Enforcement of the Standard Fire Prevention Code by a local government means that the government already has a regulation in place that meet this criterion.

b.

New dwellings served by septic tank and absorption field systems shall be on lots having the following minimum size as identified in Table 1:

(1)

One hundred fifty percent of the subdivision minimum lot size of Table 1 if the lot is within a high pollution susceptibility area;

(2)

One hundred twenty-five percent of the subdivision minimum lot size of Table 1 if the lot is within a medium pollution susceptibility area;

(3)

One hundred ten percent of the subdivision minimum lot size of Table 1 if the lot is within a low pollution susceptibility area.

c.

New mobile home parks served by septic tanks and absorption field systems shall be on lots having the following minimum size as identified in Table 2:

(1)

One hundred fifty percent of the subdivision minimum lot size of Table 2 if the lot is within a high pollution susceptibility area;

(2)

One hundred twenty-five percent of the subdivision minimum lot size of Table 2 if the lot is within a medium pollution susceptibility area;

(3)

One hundred ten percent of the subdivision minimum lot size of Table 2 if the lot is within a low pollution susceptibility area.

d.

All multifamily development located within a high pollution susceptibility groundwater recharge area shall be required to have the following minimum lot sizes: where individual on-site sewage systems are installed in conjunction with public water systems the minimum lot size for a multi-family structure shall be 10,890 square feet per unit; where individual on-site sewage systems are installed in conjunction with an individual water system the minimum lot size shall be 21,780 square feet per unit. All multi-family developments shall be approved by the Banks County Board of Health. If there are conflicts between provisions of these regulations, the stricter shall apply.

e.

All new wastewater treatment basins shall have an impermeable liner in areas having high pollution susceptibility except for the construction of mining settling basins.

f.

All new agricultural waste impoundment sites shall be lined if they are within:

A high pollution susceptibility area;

A medium pollution susceptibility area and exceed 15 acre-feet in size; and

A low pollution susceptibility area and exceed 50 acre-feet in size.

As a minimum, the liner shall be constructed of compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than 5×10 ^-7 cm/sec or other criteria established by the U.S. Soil Conservation Service.

(Res. No. 99-13, 7-13-1999)

The following uses are prohibited:

a.

Permanent stormwater infiltration basins.

b.

All sanitary landfills with or without synthetic liners and leachate collection systems.

(Res. No. 99-13, 7-13-1999)

TABLE 1: SUBDIVISION RECOMMENDED MINIMUM LOT SIZES WHERE SERVED BY INDIVIDUAL WATER AND INDIVIDUAL ON-SITE SEWAGE MANAGEMENT SYSTEM (UNITS IN SQUARE FEET)

* Soil Grouping refers to Table CT-2, Manual for On-Site Sewage Management Systems, Georgia Department of Human Resources.

Note: All lots shall be a minimum width of 125 feet in the area where an approved on-site sewage management system or replacement system are to be located.

TABLE 2: MOBILE HOME PARK RECOMMENDED MINIMUM LOT OR SPACE SIZES WHERE SERVED BY PUBLIC WATER SUPPLY AND INDIVIDUAL ONSITE MANAGEMENT SYSTEMS (UNITS IN SQUARE FEET)

* Soil Grouping refers to Table CT-2, Manual for On-Site Sewage Management Systems, Georgia Department of Human Resources.

Note: All lots shall be a minimum width of 125 feet in the area where an approved on-site sewage management system or replacement system are to be located.

(Res. No. 99-13, 7-13-1999)

No construction may proceed on a building or mobile home to be served by a septic tank unless the county health department first approves the proposed septic tank installation as meeting the standards of the DHR Manual and minimum lot size requirements and the environmental planning criteria.

(Res. No. 99-13, 7-13-1999)

New facilities which handle hazardous material, (of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976, excluding underground storage tanks) and in amount (10,00 pounds or more on any one day) shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and any local fire prevention code requirements.

(Res. No. 99-13, 7-13-1999)

In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Banks County and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable. Industrial land uses that involve the manufacture, use, transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies.

(Res. No. 99-13, 7-13-1999)

The purpose of the water supply watershed protection district regulations is to establish measures to protect the quality and quantity of the present and future water supply for Banks County that will minimize the transport of pollutants and sediment to the water supply, and maintain the yield of the water supply watersheds.

(Res. No. 99-13, 7-13-1999)

The protected water supply watershed districts are hereby designated, and shall comprise the land areas that drain to the public water supply intake and the public water supply intake. The boundaries of these districts are defined by the ridgelines of the respective watersheds and the boundary of a radius seven miles upstream of the respective public water supply intakes. These districts shall be further delineated and defined on the water supply watershed protection district overlay map of the Banks County's official zoning district map, which is hereby incorporated and made a part of this ordinance by reference.

(Res. No. 99-13, 7-13-1999)

All uses allowed in the underlying zoning districts as established by this ordinance except for those listed below are permitted in the water supply watershed protection district, subject to the following standards:

a.

Natural buffer requirements.

1)

Within a seven-mile radius upstream of the public water intakes, a natural buffer, 100 feet wide shall be maintained on both sides of the stream, measured from the stream banks. Similarly, outside the seven-mile radius, a natural buffer of 50 feet shall be maintained on both sides of the stream.

2)

A natural buffer shall be maintained for a distance of 150 feet from the boundary of any existing or future water supply reservoir.

b.

Impervious surface limitations.

1)

The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to 25 percent, or existing use, whichever is greater.

2)

Within a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 150-foot setback area on both sides of the streams as measured from the stream banks.

3)

Outside a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 75-foot setback area on both side of the stream, as measured from the stream banks.

4)

Septic tanks and septic tank drainfields are prohibited in the setback area.

(Res. No. 99-13, 7-13-1999)

The following uses are exempt from the stream corridor buffer and setback requirements if they meet the stipulated conditions:

a.

Existing land uses.

1)

The Banks County Board of Commissioners may exempt land uses existing prior to promulgation of water supply watershed protection plans from the provisions of water supply watershed protection plans.

b.

Utilities.

1)

Utilities shall be located as far as reasonably possible from the stream bank, and shall not impair the quality of the drinking water stream.

2)

Utilities shall be installed and maintained without changing the integrity of the buffer and setback areas as much as possible, and shall not impair the quality of the drinking water stream.

c.

Forestry and agricultural activities. Provided the quality of the drinking water stream not be impaired, the Banks County Board of Commissioners may exempt specific forestry and agricultural activities from the stream corridor buffer and setback area provisions of water supply watershed protection plans in accordance with the following conditions:

1)

The activity shall be consistent with best management practices (BMPs) established by the Georgia Forestry Commission or the Georgia Department of Agriculture, including the planting and harvesting of crops and pasturing of livestock.

2)

The activity shall not impair the quality of the drinking water stream.

(Res. No. 99-13, 7-13-1999)

a.

All sanitary landfills with or without synthetic liners and leachate collection systems.

b.

All hazardous waste manufacture, handling, storage, treatment or disposal facilities.

(Res. No. 99-13, 7-13-1999)

The wetlands within Banks County are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soil limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; open space; and recreational opportunities.

(Res. No. 99-13, 7-13-1999)

The purpose of this district is to promote the wise use of wetlands and protect them from alterations that will significantly affect or reduce their primary functions for water quality, floodplain and erosion control, ground water recharge, aesthetic natural areas and wildlife habitat areas.

(Res. No. 99-13, 7-13-1999)

These regulations shall apply to all lands within wetlands located within Banks County. The wetland protection district overlay map, adopted as part of this ordinance, shows the general location of wetlands and should be consulted by persons contemplating activities in or near wetlands before engaging in a regulated activity. The wetland protection district map is an overlay map of the Banks County's official Zoning District Map, which is hereby incorporated and made a part of this ordinance by reference and shall be on file with the Banks County Clerk.

(Res. No. 99-13, 7-13-1999)

No activity or use except those identified in section 1545 shall be allowed within the wetland protection district without written permission from the zoning administrator in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this ordinance and other applicable regulations. If the area proposed for development is located within 100 feet of the wetland protection district boundary, as determined from the wetland protection district map, a U.S. Army Corp of Engineers determination shall be required. If the Corps determines that wetlands are present and that a Section 404 Permit or letter of permission is required, a local development permit will be issued only following issuance of the Section 404 Permit or letter of permission. Furthermore, the local development permit will only be granted if the proposed use is in compliance with underlying zoning district requirements and other provisions of this ordinance.

(Res. No. 99-13, 7-13-1999)

The following uses are permitted by right within the wetland protection district to the extent they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

a.

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission. (Section 404 does not require permits for normal, ongoing silvicultural activities. However, Section 404 does list some required road construction best management practices that must be followed in order to qualify for such an exemption.)

b.

Conservation or preservation of soil, water, vegetation, fish, or other wildlife, provided they do not affect waters of the State of Georgia or of the United States in such a way that would require an individual 404 Permit.

c.

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

d.

Natural water quality treatment or purification.

e.

Normal agriculture activities including the planting and harvesting of crops and pasturing of livestock. Such activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

(Res. No. 99-13, 7-13-1999)

The following uses are prohibited in a wetland protection district:

a.

Receiving areas for toxic or hazardous waste or other contaminants.

b.

Hazardous or sanitary waste landfills with or without synthetic liners and leachate collection systems.

c.

All hazardous waste manufacture, handling, storage, treatment, or disposal facilities.

(Res. No. 99-13, 7-13-1999)