This article contains the requirements that apply to carrying out the land development process, including site grading and land disturbance activities; addressing flood hazard areas; the installation of streets, drainage facilities and public utilities; and building construction.

(Ord. of 10-13-2020)

(a)

Development activity.

(1)

Preconstruction activity. Following the issuance of any permit authorizing clearing and grading of a site, areas required to be undisturbed, such as natural buffers or stream greenways, must be designated and shall be inspected and approved by the planning and community development department prior to the commencement of any clearing or grading activities.

(2)

Grading.

a.

Grading shall be done in accordance with the lines and grades drawn on the approved grading plan.

b.

Required erosion and sedimentation control measures and stormwater drainage facilities are to be installed in accordance with the approved plans as development progresses.

(b)

Development phase inspections. The owner or contractor shall make requests for inspections to the planning and community development department at least 48 hours prior to when the inspection is needed. Inspections shall be made and passed prior to continuation of further activity or proceeding into new phases. Inspections are required of each of the following phases, as applicable to the actual work to be performed under the development permit:

(1)

Prior to clearing or clearing and grubbing of the property or any portion included under the development permit, and after certification by the registered design professional that prepared the plan, inspection of erosion and sedimentation control measures and protective devices for undisturbed areas. Inspections of erosion and sedimentation control measures will be conducted on a continuing basis.

(2)

Upon completion of street grading, inspection and approval shall be required prior to trenching or continuation with subgrade preparation.

(3)

Upon installation of storm drainage pipe, detention, or other stormwater facilities, inspection and approval shall be required.

(4)

Street curbing and gutter (if provided). Inspection shall be requested after the subgrade is compacted and forms or string line have been set. Street width and vertical and horizontal alignment may be spot-checked.

(5)

Sub-grade of streets. After compaction and receipt of test reports by the planning and community development department (as required under subsection 89-1260(g)), the sub-grade shall be roll tested with a fully loaded 18-ton tandem dump truck (confirmed via certified weight ticket), and shall pass to the satisfaction of the development inspector. "Pass" shall be defined as no appreciable movement under the tires during proof rolling.

(6)

Street base. After receipt of test reports by the planning and community development department, the base may be string-lined for depth and crown. The street base may be roll-tested with an 18-ton tandem dump truck and shall pass to the satisfaction of the public works director.

(7)

Paving. A development inspector will periodically be on site during the paving process to check consistency, depth, and workmanship, as applicable. For asphalt paving, the temperature of the material will be monitored and the street will be cored by the developer after completion to check thickness and density. Coring shall be completed at an interval of one core per 500 linear feet of roadway, with no less than one core obtained in each cul-de-sac. Each core shall measure 0.25 inch of the required thickness. Testing standards are shown on Table 11.2. No average thickness evaluation will be allowed. Pavement found to be less than the required thickness shall be removed and replaced with pavement meeting the specification. Overlay of pavement to bring the section into compliance may be allowed at the sole discretion of the director of public works. Satisfactory test results of the cores shall be delivered to the planning and community development department for review by the public works department prior to approval of a final subdivision plat or certificate of occupancy.

(c)

As-built surveys.

(1)

Upon completion of the development activity as authorized by the development permit and prior to final development inspection of public and private improvements, the owner shall submit to the public works department for review and approval a complete set of record drawings showing as-built conditions prepared by a registered land surveyor. The acceptance of as-built plans shall be a prerequisite to final construction acceptance, and the issuance of a final certificate of use and occupancy. Final inspections will not be made unless the as-built plans are available. These drawings shall show the location, vertical and horizontal alignment, and finished elevations of:

a.

Drainage system pipes and channels.

b.

Stormwater detention facilities, including a volume survey, grading and outlet control structure details (i.e., orifice elevations, sizes, weir sizes, etc.).

c.

Sanitary sewer system (if any).

d.

Water system.

e.

Streets, including street centerlines showing angles of deflection and standard curve data of intersection, radii, length of tangents and arcs, and degree of curvature with basis of curve data.

f.

Other features as needed to fully document as-built conditions.

(2)

The as-built surveys shall be certified and sealed by the registered land surveyor, subject to the tolerances of accuracy indicated in the survey certification.

(3)

The as-built surveys shall be accompanied by a certified as-built hydrology report prepared by a licensed professional engineer showing that the as-built facility complies with the stormwater regulations.

(4)

The as-built surveys shall be submitted in hard copy format and in a digital format acceptable by the director of public works.

(d)

Final development inspection.

(1)

Following submission and review of the as-built surveys and as-built hydrology report, the public works department shall conduct a final development inspection of the project.

(2)

The owner shall be responsible for correcting any deficiencies identified in the final development inspection prior to approval of a final subdivision plat.

(e)

Maintenance and performance guarantees.

(1)

Prior to approval of a final subdivision plat, or issuance of a certificate of occupancy for a multi-family or nonresidential development project, maintenance and performance guarantees, in forms as described in this section below, are required for all public improvements shown on the as-built surveys. The owner shall be responsible for maintenance of all such public improvements for one and one-half years from the date of issuance of the certificate of occupancy or final subdivision plat approval, as applicable, and for topping of roads pursuant to subsection 89-1180(c) and (d) of article X.

(2)

The value of the maintenance guarantee shall be equal to 33 percent of the actual cost of construction of the public improvements shown on the as-built surveys. Copies of contractor agreements or actual invoices paid, or as otherwise determined by the public works director, shall evidence the cost of construction. The value of the performance guarantees shall be determined in accordance with subsection 89-1180(c) and (d) of article X.

(3)

Repairs shall be made for any deficiencies identified within the bonding period of the guarantees or the guarantees shall be called upon to complete same.

(4)

Any guarantee required pursuant to this article shall be in one of three forms: 1) in a form provided by the county and by a surety in good standing with the Georgia Insurance and Fire Safety Commissioner's Office and listed in Circular 570 (Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies; 2) a cash guarantee in a form provided by the county; or 3) an irrevocable letter of credit or commitment upon which the county can draw from a bank or other financial institution in a form acceptable to the county. These three options are referred to collectively herein as the "guarantees."

(5)

A maintenance guarantee for the water system improvements and the sanitary facilities may be required separately by the authority having jurisdiction, in accordance with their regulations. For both the water system and sewer system improvements, the developer shall be responsible for maintenance of all water and sewer mains and appurtenances for one year from the date of approval of the certificate of development conformance by correcting all defects or deficiencies in materials and workmanship.

(6)

In cases where the maintenance and performance guarantees are to cover a second phase or any other later stage of a development project governed by this article, said guarantees shall be required to be extended in amount and application to cover the original phase of the project in addition to said later phase for the same period of application as set out in this Development Code if the later phase will utilize the same entrance-street as that used by the original phase of the project.

(7)

The maintenance guarantee shall include the estimated cost for maintenance of the drainage and detention pond facilities during the one and one-half-year maintenance period. Maintenance shall include repair of erosion controls, removal of silt from detention ponds and other items pertinent to the drainage system for each development.

(8)

In the event the development has not completed at least 90 percent build out by the end of the original guarantee period, the guarantee shall be renewed in 18-month intervals until 90 percent build out is achieved (i.e. certificate of occupancy is issued on 90 percent of the homes).

(9)

When all of the following four conditions are met, this subsection (9) shall apply:

a.

A final subdivision plat has been approved;

b.

The original owner of the subdivision at the time of approval of the subdivision plat no longer owns any lots in said subdivision, has filed for bankruptcy, or is otherwise determined to be insolvent;

c.

Either no maintenance guarantee or performance guarantee is in place for the subdivision; and

d.

More than one person or entity owns undeveloped lots (i.e. lots without a certificate of occupancy) in said subdivision such that posting of a guarantee(s) for the entire subdivision is not feasible.

In the event of the fulfillment of the above-stated four conditions, the county may, in its discretion, accept from the applicant for a building permit or for a certificate of occupancy for any lot or series of lots, a cash guarantee in the amount of a by-lot, pro-rata portion of the amount of the applicable guarantee that would otherwise be required for the entire subdivision, in lieu of the guarantees required to provide for maintenance and performance requirements for the entire subdivision. By way of example, in a 100-lot subdivision for which the normal required maintenance guarantee would be $10,000.00 and the normal performance guarantee would be $20,000.00, an applicant for one lot could provide a cash maintenance guarantee in the amount of $100.00 and a cash performance guarantee in the amount of $200.00; an applicant for two lots could provide a cash maintenance guarantee in the amount of $200.00 and a cash performance guarantee in the amount of $400.00. This subsection (9) is intended to apply only in exceptional circumstances where neither the original subdivision owner nor their successor in interest exists or is solvent and multiple builders have purchased lots in the subdivision, and only in order for the county to ensure a funding source for the maintenance and performance costs associated with the subdivision.

(f)

Abandoned projects.

(1)

A development permit shall expire by limitation and shall become null and void if the project has not been completed and the final plat issued within five years of approval of such permit. The planning and community development director may grant a one year extension provided such extension is requested by the permit holder in writing prior to expiration of the permit and justifiable cause is demonstrated.

(2)

Projects with expired permits may re-apply for consideration under the standards in effect at the time of re-submission.

(3)

Any project whose permit has lapsed under the terms expressed in this Development Code shall immediately proceed to stabilize all disturbed areas. This responsibility shall fall upon the owner, developer, contractor, or any and all.

(Ord. of 10-13-2020; Ord. of 4-13-2021, § 4)

(a)

Development permit required.

(1)

Clearing and grading shall not proceed until issuance of an approved development permit. See the procedures and permits article of this Development Code for details.

(2)

Grading shall be done in accordance with the lines and grades drawn on the approved grading plan.

(b)

Erosion and sedimentation control measures. Required erosion and sedimentation control measures must be installed in accordance with the approved soil erosion and sedimentation control plan prior to any major development activity and as development progresses.

(c)

Stormwater drainage facilities. Required stormwater drainage facilities are to be installed in accordance with the approved stormwater management plan as development progresses.

(d)

Clearing and grubbing.

(1)

The entire area within the typical grading section shall be cleared and grubbed of all trees, bushes, stumps and debris. Such debris shall be disposed of in a lawful manner. Burial of clearing and grubbing debris on-site is not authorized.

(2)

Grading plans shall outline the areas, which are required to remain undisturbed, including tree protection areas, buffers and shall indicate protective fencing to be placed surrounding such areas.

(3)

Grading plans shall show existing and proposed contour lines at an interval of no more than two feet with additional spot elevations for critical areas.

(e)

Earthen embankments. Earthen embankments shall be placed in uniform layers not to exceed a compacted thickness of six inches per layer and shall be compacted to a density of 95 percent of the maximum laboratory dry weight per cubic foot as determined by standard proctor test method in all areas where structures, parking lots and drives streets, and utilities are to be placed. If necessary in order to obtain this compaction, the contractor shall add moisture to the material as it is placed. All other embankments are to be compacted to at least 90 percent. Floodproofing shall be accomplished prior to placement of embankments to detect soft spots.

(f)

Slopes.

(1)

The maximum slope for all cut or fill slopes shall be as shown on Table 11.1.

(2)

The depth of cut referenced in the table shall be construed to be the maximum cut or fill occurring in any one section of cut or fill. The slope on cut or fill shall be uniform throughout for each section of cut or fill, except when the director of public works approves benching. When a cut is made in rock that requires blasting, slope may be changed to vertical slope may be steeper if pre-splitting is employed and upon submission of a certified geotechnical report which substantiates the integrity of the rock in the steeper condition, subject to review and approval of the director of public works.

(3)

Some soils exhibit a low shearing and resistance and a low cohesiveness. These soils typically are micaceous silts and sandy soils with little or no clay. If the 2:1 slope shows evidence of shearing, noncohesiveness, sliding, or an inability to maintain compaction, the slope shall be stabilized at 3:1 or by using such mechanical methods as needed, such as retaining walls or "grow mats" stapled in place to maintain slope height and integrity.

Table 11.1: Maximum Cut or Fill Slopes

* Maximum distance of run to rise.

** Guardrails required.

(g)

Construction waste materials. Construction waste material at construction sites shall be managed in accordance with Chapter 78, Article II of this Development Code.

(Ord. of 10-13-2020)

(a)

Purpose and intent. The purpose of this section is to control erosion, sedimentation and pollution by requiring proper provisions for stormwater runoff and the protection of soil surfaces during and after any land disturbing activity so as to promote the safety, public health and general welfare of the people of the county.

(b)

Definitions related to erosion, sedimentation and pollution control. The following definitions are specific to erosion, sedimentation, and pollution control and shall apply in the interpretation and enforcement of this Division, unless otherwise specifically stated. General definitions that may also apply can be found in the glossary in Section 89-10.

Best Management Practices (BMPs): These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the 'Manual for Erosion and Sediment Control in Georgia' published by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

Board: The board of natural resources.

Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Certified personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Coastal marshlands: Shall have the same meaning as in O.C.G.A. § 12-5-282.

Commission: The Georgia Soil and Water Conservation Commission (GSWCC).

CPESC: Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation.

Department: The Georgia Department of Natural Resources (DNR).

Design professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by EnviroCert, Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

Director: The Director of the Environmental Protection Division or an authorized representative.

District: The Oconee Soil and Water Conservation District.

Division: The Environmental Protection Division (EPD) of the Department of Natural Resources.

Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least as stringent as the state general permit, best management practices, and requirements in section 89-1254.7(c) of this ordinance.

Final stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

Larger common plan of development or sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present.

NOI: A notice of intent form provided by EPD for coverage under the State General Permit.

NOT: A notice of termination form provided by EPD to terminate coverage under the state general permit.

Operator: The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outfall: The location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity.

Phase or phased: Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Properly designed: Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the commission up until the date of NOI submittal.

(Ord. of 10-13-2020)

This section shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

(a)

Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968";

(b)

Granite quarrying and land clearing for such quarrying;

(c)

Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion;

(d)

The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. § 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the local issuing authority;

(e)

Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds;

(f)

Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of section 89-1254.7(c). of this ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

(g)

Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture;

(h)

Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section;

(i)

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the department of transportation, the Georgia Highway Authority, or the state road and tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of transportation or the state road and tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

(j)

Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and

(k)

Any public water system reservoir.

(Ord. of 10-13-2020)

(a)

General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices.

(1)

The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of section 89-1254.7(b) and (c) of this ordinance.

(2)

The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this ordinance and the NPDES General Permit.

(b)

Minimum requirements/BMPs.

(1)

Best management practices as set forth in section 89-1254.7(b) and (c) of this ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6 subsection (b).

(2)

A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres.

(3)

Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to subsection (f) of code section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs.

(4)

The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur.

(5)

The LIA may set more stringent buffer requirements than stated in section 89-1254.7(c)(15), (16) and (17), in light of O.C.G.A. § 12-7-6 (c).

(c)

The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:

(1)

Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;

(2)

Cut-fill operations must be kept to a minimum;

(3)

Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential;

(4)

Whenever feasible, natural vegetation shall be retained, protected and supplemented;

(5)

The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;

(6)

Disturbed soil shall be stabilized as quickly as practicable;

(7)

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

(8)

Permanent vegetation and structural erosion control practices shall be installed as soon as practicable;

(9)

To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et. seq.;

(10)

Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;

(11)

Cuts and fills may not endanger adjoining property;

(12)

Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;

(13)

Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;

(14)

Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in section 89-1254.7(b)(2) of this ordinance;

(15)

Except as provided in paragraph (16) and (17) of this subsection, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or where bulkheads and sea walls are installed to prevent shoreline erosion on Lake Oconee and Lake Sinclair; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) stream crossings for water lines; or (ii) stream crossings for sewer lines; and

(16)

There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) stream crossings for water lines; or (ii) stream crossings for sewer lines; and

(17)

There is established a 25-foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of this title, the "Coastal Marshlands Protection Act of 1970." And the rules and regulations promulgated thereunder, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to code section 12-2-8, where an alteration within the buffer area has been authorized pursuant to code section 12-5-286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, where a drainage structure or roadway drainage structure is constructed or maintained; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, on the landward side of any currently serviceable shoreline stabilization structure, or for the maintenance of any manmade stormwater detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. For the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction.

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat; and

b.

The buffer shall not apply to crossings for utility lines that cause a width of disturbance of not more than 50 feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.

c.

The buffer shall not apply to any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented or any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25-foot buffer would consume at least 18 percent of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.

d.

Activities where the area within the buffer is not more than 500 square feet or that have a "minor buffer impact" as defined in 391-3-7-.01(r), provided that the total area of buffer impacts is less than 5,000 square feet are deemed to have an approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under the variance by rule and notification shall be made to the division at least 14 days prior to the commencement of land disturbing activities.

(d)

Nothing contained in O.C.G.A. § 12-7-1 et. seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in section 89-1254.7(b) and (c) of this ordinance.

(e)

The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit.

(Ord. of 10-13-2020)

(a)

General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The local issuing authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the owner and/or operator are the only parties who may obtain a permit.

(b)

Application requirements.

(1)

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Barrow County without first obtaining a permit from the department of planning and development to perform such activity and providing a copy of notice of intent submitted to EPD if applicable.

(2)

The application for a permit shall be submitted to the department of planning and development and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in section 89-1255(c) of this section. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of section 89-1254.7(b) and (c) of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by ten copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.

(3)

In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. § 12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8 half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

(4)

Immediately upon receipt of an application and plan for a permit, the local issuing authority shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The district shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the local issuing authority. No permit will be issued unless the plan has been approved by the district, and any variances required by section 89-1254.7(c)(15), (16) and (17) have been obtained, all fees have been paid, and bonding, if required as per section 89-1255(b)(6) have been obtained. Such review will not be required if the local issuing authority and the district have entered into an agreement which allows the local issuing authority to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

(5)

If a permit applicant has had two or more violations of previous permits, this ordinance section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application.

(6)

The local issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing

(c)

Plan requirements.

(1)

Plans must be prepared to meet the minimum requirements as contained in section 89-1254.7(b) and (c) of this ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws. The plan shall be consistent with all other materials submitted to the reviewing authority as part of the plat, development site plan or development permit approval process. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional, and the local issuing authority shall be entitled to, but need not, rely on the signature and seal of the certified design professional as a representation of the accuracy of all plans and compliance of such plans with the above-stated requirements. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

(2)

Data required for site plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

(d)

Permits.

(1)

Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the local issuing authority of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.

(2)

No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the district and the local issuing authority has affirmatively determined that the plan is in compliance with this ordinance, any variances required by section 89-1254.7(c)(15), (16) and (17) are obtained, bonding requirements, if necessary, as per section 89-1255(b)(6) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

(3)

Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this ordinance, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority.

(4)

If the tract is to be developed in phases, then a separate permit shall be required for each phase.

(5)

The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this section. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(6)

The LIA may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7 (f) (1).

(Ord. of 10-13-2020)

(a)

Inspection and enforcement.

(1)

The department of planning and development will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the local issuing authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit.

a.

Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities.

b.

Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities.

c.

Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities.

d.

If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance.

(2)

The local issuing authority must amend its ordinances to the extent appropriate within 12 months of any amendments to the Erosion and Sedimentation Act of 1975.

(3)

The director of the department of planning and development shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

(4)

No person shall refuse entry or access to any authorized representative or agent of the local issuing authority, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(5)

The district or the commission or both shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The district or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion, sedimentation and pollution control program. The district or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.

(6)

The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to code section 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the county or municipality as a local issuing authority.

(Ord. of 10-13-2020)

(a)

Failure to obtain a permit for land-disturbing activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

(b)

Stop-work orders.

(1)

For the first and second violations of the provisions of this ordinance, the director or the local issuing authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or the local issuing authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the director or the local issuing authority shall issue an immediate stop-work order in lieu of a warning;

(2)

For a third and each subsequent violation, the director or the local issuing authority shall issue an immediate stop-work order; and;

(3)

All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

(4)

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop-work order shall be issued by the local issuing authority or by the director or his or her designee. All such stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop-work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

(c)

Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of section 89-1255(b)(6). The local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

(d)

Monetary penalties.

(1)

Any person who violates any provisions of this ordinance, or any permit condition or limitation established pursuant to this ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this ordinance, notwithstanding any provisions in any city charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this ordinance under county ordinances approved under this ordinance shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(Ord. of 10-13-2020)

(a)

Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

(b)

For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit.

(c)

Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this ordinance.

(d)

If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. § 12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A § 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

(Ord. of 10-13-2020)

(a)

Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the board of commissioners within 60 days after receipt by the local issuing authority of written notice of appeal.

(b)

Judicial review. Any person, aggrieved by a decision or order of the local issuing authority, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Barrow County, Georgia.

(Ord. of 10-13-2020)

(a)

Statutory authorization, findings of fact, purpose and objectives.

(1)

Authorization. Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A § 36-1-20(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Barrow County Board of Commissioners, of Barrow County, Georgia, does ordain as follows:

(2)

Findings of fact.

a.

The flood hazard areas of Barrow County, Georgia are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

b.

These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

(3)

Statement of purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

a.

Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

b.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

c.

Control filling, grading, dredging and other development which may increase flood damage or erosion;

d.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and

e.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

(4)

Objectives. The objectives of this ordinance are:

a.

To protect human life and health;

b.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

c.

To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas;

d.

To minimize expenditure of public money for costly flood control projects;

e.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

f.

To minimize prolonged business interruptions; and

g.

To ensure that potential homebuyers are notified that property is in a flood area.

(b)

General provisions.

(1)

Lands to which this ordinance applies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Barrow County, Georgia.

(2)

Basis for area of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated October 16, 1991, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this ordinance.

(3)

Areas of special flood hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. (No Known Flood Hazards).

(4)

The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located: Barrow County Department of Community and County Development, 233 East Broad Street, Winder, GA 30680.

(5)

Establishment of development permit. A development permit shall be required in conformance with the provisions of this ordinance PRIOR to the commencement of any development activities.

(6)

Compliance. No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations.

(7)

Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(8)

Interpretation. In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state or federal statutes.

(9)

Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Barrow County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(10)

Penalties for violation. Failure to comply with the provisions of this ordinance or with any of its requirements, including conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a violation and shall be unlawful. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000.00 or imprisoned for not more than five days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Barrow County Board of Commissioners from taking such other lawful actions as is necessary to prevent or remedy any violation.

(c)

Administration.

(1)

Designation of ordinance administrator. The Barrow County Planning and Community Development Director is hereby appointed to administer and implement the provisions of this ordinance.

(2)

Permit procedures. Application for a development permit shall be made to the Planning and Community Development Department on forms furnished by the Planning and Community Development Department PRIOR to any development activities.

The permit application may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.

Specifically, the following information is required:

a.

Application stage.

1.

Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures;

2.

Elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed;

3.

Design certification from a registered professional engineer or architect that any proposed nonresidential flood-proofed structure will meet the flood-proofing criteria of subsection(d)(2)b.; and

4.

Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development.

b.

Construction stage. For all new construction and substantial improvements, the permit holder shall provide to the administrator an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for nonresidential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to submission of these certifications shall be at the permit holder's risk.

The Barrow County Department of Community and County Development Director shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work occurring. Failure to submit certification or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

c.

Duties and responsibilities of the administrator. Duties of the Barrow County Department of Community and County Development Director shall include, but shall not be limited to:

1.

Review proposed development to assure that the permit requirements of this ordinance have been satisfied.

2.

Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.

3.

Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.

4.

When base flood elevation data or floodway data have not been provided in accordance with subsection (b)(2), then the Barrow County Department of Community and County Development Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of subsection (d).

5.

Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with subsection(c)(2)b.

6.

Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with subsection (c)(2)b.

7.

When flood-proofing is utilized for a structure, the Barrow County Department of Community & County Development Director shall obtain certification of design criteria from a registered professional engineer or architect in accordance with subsection (c)(2)a.3. and (d)(2).b or (d)(4)b.

8.

Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas.

9.

Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

10.

For any altered or relocated watercourse, submit engineering data/analysis within six months to the FEMA to ensure accuracy of county flood maps through the letter of map revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained.

11.

Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Barrow County Department of Community and County Development Director shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance.

12.

All records pertaining to the provisions of this ordinance shall be maintained in the office of the Barrow County Department of Community and County Development Director and shall be open for public inspection.

(d)

Provisions for flood hazard reduction.

(1)

General standards. In ALL Areas of Special Flood Hazard the following provisions are required:

a.

New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;

b.

New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage;

c.

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage;

d.

Elevated buildings. All new construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.

1.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

i.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

ii.

The bottom of all openings shall be no higher than one foot above grade; and

iii.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both direction.

2.

So as not to violate any requirements of this division regarding "lowest floors" the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and

3.

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

e.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

f.

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state and federal requirements for resisting wind forces;

g.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

h.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

i.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and

j.

Any alteration, repair, reconstruction or improvement to a structure, which structure is not compliant with the provisions of this ordinance, shall be undertaken only if the non-conformity is not furthered, extended or replaced.

(2)

Specific standards. In ALL Areas of Special Flood Hazard the following provisions are required:

a.

New construction and/or substantial improvements. Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of subsection (d)(1)a.4., "Elevated Buildings."

1.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated at or above one foot above the base flood elevation.

b.

Nonresidential construction. New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH Zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in subsection (c)(3)f.

c.

Standards for manufactured homes and recreational vehicles. Where base flood elevation data are available.

1.

All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than one foot above the base flood elevation.

2.

Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision may be elevated so that either:

i.

The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or

ii.

The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

3.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ref. subsection (d)(1)f. above)

4.

All recreational vehicles placed on sites must either:

i.

Be on the site for fewer than 180 consecutive days;

ii.

Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or

iii.

The recreational vehicle must meet all the requirements for "New Construction," including the anchoring and elevation requirements of subsection (d)(2)c.1.—3., above.

d.

Floodway. Located within Areas of Special Flood Hazard established in subsection (b)(2), are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

1.

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.

2.

ONLY if subsection (d)(2)d.1. above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of

(3)

Building standards for streams without established base flood elevations and/or floodway (A-Zones). Located within the Areas of Special Flood Hazard established in subsection(b)(2), where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply:

a.

When base flood elevation data or floodway data have not been provided in accordance with subsection (b)(2), then the Barrow County Department of Community and County Development Director shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of subsection (d) ONLY if data are not available from these sources, then the following provisions (b and c.) shall apply:

b.

No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 20 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than a one foot increase in flood levels during the occurrence of the base flood discharge; and

c.

In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (NOTE: Require the lowest floor to be elevated one foot above the estimated base flood elevation in A-Zone areas where a Limited Detail Study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection(d)(1)d. "Elevated Buildings."

1.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three feet above the highest adjacent grade at the building site.

The Barrow County Department of Community and County Development Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

(4)

Standards for areas of special flood hazard (Zones AE) with established base flood elevations without designated floodways. Located within the areas of special flood hazard established in subsection (b)(2), where streams with base flood elevations are provided but no floodways have been designated, (Zones AE) the following provisions apply:

a.

No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the county. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

b.

New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with subsection(d)(2).

(5)

Standards for areas of subsection hallow flooding (AO Zones). Areas of special flood hazard established in (b)(2), may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. The following provisions apply:

a.

All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection (d)(1)d., "Elevated Buildings."

The Barrow County Department of Community & County Development Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

b.

New construction or the substantial improvement of a nonresidential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in subsections(c)(2)a.3. and (c)(2)b.

c.

Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

(6)

Standards for subdivisions and/or development proposals.

a.

All subdivision and/or development proposals shall be consistent with the need to minimize flood damage and shall be reasonably safe from flooding;

b.

All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

c.

All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

d.

For subdivisions and/or developments greater than 50 lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final CLOMR or CLOMA.

(7)

Standards for critical facilities.

a.

Critical facilities shall not be located in the 100-year floodplain or the 500-year floodplain.

b.

All ingress and egress from any critical facility must be protected to the 500-year flood elevation.

(e)

Variance procedures.

(1)

The Barrow County Board of Commissioners shall hear and decide requests for appeals or variance from the requirements of this ordinance.

(2)

The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Barrow County Department of Community and County Development Director in the enforcement or administration of this ordinance.

(3)

Any person aggrieved by the decision of the Barrow County Board of Commissioners may appeal such decision to the Superior Court of Barrow County, as provided in O.C.G.A. § 5-4-1 et seq.

(4)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(5)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(6)

Variances shall not be issued within any designated floodway if ANY increase in flood levels during the base flood discharge would result.

(7)

In reviewing such requests, the Barrow County Board of Commissioners shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance.

(8)

Conditions for variances:

a.

A variance shall be issued ONLY when there is:

1.

A finding of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship; and

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

b.

The provisions of this ordinance are minimum standards for flood loss reduction; therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

c.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

d.

The Barrow County Department of Community and County Development Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(9)

Upon consideration of the factors listed above and the purposes of this ordinance, the Barrow County Board of Commissioners may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(f)

Definitions. (October 16, 1991). Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

(Ord. of 10-13-2020; Ord. of 9-20-2022, § 1(Exh. A))

(a)

Timing of installation. Construction of the stormwater system shall be initiated as part of the grading of the site. Stormwater detention facilities shall be constructed prior to the installation of any other site improvements, and may be utilized under proper design as sedimentation basins during development. Installation of all other storm drainage pipes, culverts, headwalls, and ditches, shall be coordinated with the construction of streets and other site improvements, as appropriate.

(b)

Maintenance responsibilities.

(1)

It shall be the responsibility of the developer to maintain all facilities required by the stormwater management plan during construction and for a 1.5-year maintenance period following approval of the final subdivision plat or issuance of a certificate of occupancy, as applicable. The developer shall be responsible for periodic removal of silt that may collect during that period and for removing temporary structures or facilities at the completion of the construction.

(2)

The owner of the property shall be responsible for maintaining the permanent facilities identified by the stormwater management plan to remain after construction is complete, following the 1.5-year maintenance period.

(3)

Should an owner or developer, whichever is the responsible party, fail to maintain the stormwater management facilities in a state of service intended by the stormwater management plan, then the public works department shall notify the responsible party in writing of the deficiencies and specific minimum maintenance requirements to remedy such deficiencies.

(4)

If the responsible party fails to perform the required maintenance work within a reasonable period of time (30 days maximum) then the owner shall be in violation of the provisions of this Development Code and subject to enforcement under the provisions of the administration and enforcement article of this Development Code.

(Ord. of 10-13-2020)

Street improvements shall be furnished and installed by the owner or developer in accordance with this Development Code. Any materials or work not covered by these specifications shall be performed in accordance with DOT specifications and these regulations.

(a)

Grading.

(1)

All streets shall be graded to their full width by the developer so that pavement extensions or sidewalks, where required or if installed in the future, can be constructed on the same level plane.

(2)

Preparation of roadway: Before grading is started the entire area to be paved shall be first cleared of all stumps, roots, brush and other objectionable materials. In all areas to be graded or filled, the developer shall stockpile the topsoil later to be spread in all disturbed areas not paved.

(3)

Grading shall be done in accordance with the site clearing and grading section of this article.

(b)

Installation of utilities; general.

(1)

After grading is completed and approved, the curb lines shall be staked by the developer's registered land surveyor, all of the underground utilities—water mains, sewer mains, water and sewer laterals, storm drains, gas mains, or any other underground utilities, and all service connections related thereto—shall be installed completely and provided throughout the length of the street and across the flat section. Service connections for sanitary sewer (if required) and water shall be extended to the right-of-way lines.

(2)

It is the responsibility of the contractor to locate all underground utilities and to protect same. Utility lines or services damaged by the contractor shall be repaired by the contractor at the contractor's own expense.

(3)

Before any utility is installed, the entire width of the right-of-way shall be at finished grade.

(4)

Any disturbance or construction in the completed (seeded and/or sodded) right-of-way by a public utility such as power, water, sewer, gas, phone and cable must be repaired and/or replaced with the specified materials as called for in the initial improvements.

(5)

All utilities beneath pavement shall be installed and the ditch backfilled and thoroughly compacted before any pavement or base is installed, or the pipes shall be bored if installed after street construction.

(6)

All utility manholes and valve boxes shall be brought to the finished grade within the roadway section.

(7)

All private utilities that will cross under pavement shall be installed completely throughout the subdivision prior to any roadway base being applied. Installation of approved utility sleeves shall be considered as an alternate.

(c)

Water system installation.

(1)

If a public water system is required to be installed under the provisions of the project design standards article of this Development Code, the improvements are to be reviewed, approved and inspected by the providing jurisdiction. Installation shall be coordinated with the construction of streets under the county's direction, as applicable.

(2)

A contractor holding an underground utilities contractor license shall install all elements of the water system, including mains, valves, service laterals through the curb line, and fire hydrants.

(3)

Within the water system jurisdiction, water mains and appurtenances shall be installed after installation of the curbs and gutter and before paving, or after staking of the curb line and submission to the water system entity of an as-graded survey of the street profile accompanied by a certification executed by the owner that the subgrade will not change. Water mains shall be relocated as necessary to meet water system regulations prior to approval of development conformance, if improperly located to final curb line or grade.

(d)

Installation of sanitary sewage disposal.

(1)

If a public sanitary sewerage system is required to be installed under the provisions of the project design standards article of this Development Code, the improvements are to be reviewed, approved and inspected by the providing jurisdiction. Installation shall be coordinated with the construction of streets under the county's direction, as applicable.

(2)

A contractor holding an underground utilities contractor license shall install all elements of the system, including mains, lift stations, outfalls, and laterals.

(3)

Pavement replacement. Where sewer lines are installed in existing paved streets, the streets in which the sewer lines are installed shall receive a full width asphalt repaving in accordance with county specifications.

(e)

Septic tanks. Septic tanks may be permitted wherever sanitary sewage is determined by the director of public works to be not available under the provisions of the project design standards article of this Development Code. Installation of a septic tank system is subject to approval by the Barrow County Health Department under their procedures and regulations.

(f)

Street installation.

(1)

After the earth work has been completed, all storm drainage and other underground utilities have been installed under the roadbed, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades and cross section shown on the plans.

(2)

If any sections of the subgrade are composed of unsuitable or unstable material, such material shall be removed to the depth directed by the public works department and replaced with suitable, thoroughly compacted material.

(3)

Preparation of subgrade.

a.

Prior to placement of the street base, the subgrade shall be compacted to 98 percent density.

b.

When the street is to be used for construction traffic before the paving work is completed, a layer of No. 4 stone can be laid as a traffic surface if the developer so desires.

c.

This material shall not be used as part of the base material.

d.

It may be worked into the subgrade; or it shall be removed before the base course is set up for paving. Provision shall be made to drain low points in road construction when the final paving surface is delayed.

1.

Provide break in the berm section when the curbing has not been constructed.

2.

Use six-inch pipe sections to provide drainage under curb to side slopes.

e.

Abutting property shall be suitably sloped to the right-of-way line.

f.

Street base, curbing and paving. Street base, curbing and paving shall be installed by the developer in accordance with the requirements and standards of this Development Code.

(g)

Testing requirements; streets. It is the responsibility of the developer to ensure that all required tests are made and reported to the public works department. The cost of all testing and quality control shall be performed at the expense of the developer by qualified testing laboratories. Testing standards are shown on the following Table 11.2.

Table 11.2: Testing Requirements

;adv=6;(h)

Protection of shoulders.

(1)

Immediately after grading and filling and respreading of topsoil, all areas of disturbed soil shall be fertilized and seeded (or in steep areas sodded or otherwise appropriately treated) with suitable vegetative cover to retard erosion.

(2)

When all construction is completed, all slopes and shoulders shall be cleared of all rubbish and shall have a well-established stand of perennial grass to prevent undue erosion. Depending on the time of year, the director of public works may authorize that a temporary stand of rye (or other acceptable annual species) may be planted, provided that the grass will be replaced by an acceptable species of perennial grass at the start of the next appropriate planting season.

(i)

Traffic control devices and streetlights.

(1)

Street signs, traffic control signs, and devices such as striping and signalization, shall be provided through payment of fees to Barrow County.

(2)

The installation of all street lighting fixtures within the right-of-way must be approved by the public works director prior to such installation.

(j)

Foreign material on streets.

(1)

The developer, builders, and/or homeowners shall be responsible for keeping dirt, mud, building materials, concrete, etc., off of the pavement and curbing of existing county or county roads during construction of buildings in all developments covered by these regulations.

(2)

Before the streets are accepted by Barrow County, all litter and trash shall be removed from the dedicated rights-of-way and surrounding areas.

(k)

Bridge pilings. Bridge pilings shall be driven to state highway load standards for loading. Certification of pile load shall be by registered professional engineer.

(l)

Burial of construction debris. No debris of any kind shall be buried at the site of any construction or development.

(m)

Street cuts. All utility construction plans for street cuts within county right-of-way shall be reviewed and approved, and a permit obtained from the public works department before construction begins.

(1)

No existing county roads can be open cut unless unusual circumstances warrant it. Construction of proposed utilities that cross under an existing paved street shall be bored under existing pavement unless an open cut is approved by the director of public works. Where required because of topography, location of existing utilities, or other factors, the director of public works may allow the installation of utilities in other areas.

(2)

Earth work. If open cut construction is approved, all trenches shall be backfilled and compacted in six-inch lifts the same day the trench is opened.

a.

Trenches under the paving shall be returned to 98 percent compaction.

b.

Compaction tests at a rate of one per 150 feet of trench shall be provided to verify compaction.

c.

Trenches elsewhere shall be returned to 90 percent compaction.

(3)

Pavement work.

a.

All pavement cuts on county streets or roads shall be made by sawing prior to excavation to eliminate uneven and ragged edges.

b.

The paving cut shall be widened to a minimum of 12 inches beyond the edges of the trench.

c.

All trenches under paving shall be concreted with eight inches of class "A" 3,500 psi concrete base and 1½ inches of type "E" or "F" wearing course asphalt is to be spread.

d.

The edges of the paving cut shall be smooth.

(n)

Sidewalks.

(1)

In residential subdivisions, when required under the project design standards article of this Development Code, sidewalks shall be installed by the developer or each builder prior to issuance of a certificate of occupancy.

a.

Sidewalks shall be shown on construction drawings for the streets and shall be accommodated in grading plans and activities for right-of-way preparation, but may be installed on a lot-by-lot basis after the final plat for the subdivision or phase is approved by the Planning and Community Development Department.

b.

Within a final-platted subdivision, the required sidewalk along each lot frontage shall be installed no later than when the driveway is installed, provided that all sidewalks throughout the final-platted subdivision shall be installed prior to the end of the period established under the guarantee in lieu of completed improvements section of the project design standards article of this Development Code.

(2)

When required to be installed as part of a multi-family or nonresidential development project under the project design standards article of this Development Code, sidewalks shall be installed by the developer prior to issuance of a certificate of occupancy.

(3)

Disturbed areas along sidewalks shall be backfilled, stabilized, and grassed.

(4)

Sidewalk installation shall provide continuity to adjoining sidewalks as to grades, appearance and construction standards.

(Ord. of 10-13-2020)