The intent of this section is to establish minimum development standards and criteria which will afford reasonable protection of environmentally sensitive natural resources found throughout Ben Hill County. Based on the findings of the 2016 Fitzgerald/Ben Hill County Comprehensive Plan, it has been determined that the wise management of these resources as defined in this ordinance is essential to maintaining the health, safety, general welfare and economic wellbeing of the public.

Ben Hill County's Water Resource Districts shall include the following:

•

Groundwater Recharge Area Districts

•

River Corridor Protection Districts

•

Wetlands Districts

The boundaries of these water resource districts are shown on a set of maps designated as "Water Resource Districts" and are included as part of the Official Ben Hill County Zoning Maps which are on file with the zoning administrator's office.

The following definitions shall apply to this ordinance:

Aquifer. Aquifer means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

Generalized wetlands map. The current U. S. Fish and Wildlife Service National Wetlands Inventory maps for Ben Hill County, Georgia.

Hazardous waste. Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the U. S. Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3.

Jurisdictional wetland determination. A delineation of jurisdictional wetlands boundaries by the U. S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C. Subscript 1344, as amended.

Jurisdictional wetland. An area that meets the definitional requirements for wetlands as determined by the U. S. Army Corps of Engineers.

Land disturbing activity. Land disturbing activity means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use.

Natural vegetative buffer means a river corridor containing the flora native to that area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "the Natural Environments of Georgia." Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species.

Pollution susceptibility map means maps of relative vulnerability to pollution prepared by the Department of Natural Resources, using the DRASTIC methodology. (Georgia Department of Natural Resources Hydrologic Atlas 20: Groundwater Pollution Susceptibility Map of Georgia).

Pollution susceptibility means the relative vulnerability of an aquifer to being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge area.

Recharge area means any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

Regulated activity. Any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the U. S. excepting those activities exempted in Section 404 of the Federal Clean Water Act.

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

Significant recharge areas means those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition).

Single-family dwelling means a dwelling structure that is designed for the use of one family.

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

Water resource districts. A water resource district is a mapped area which imposes a set of requirements and/or specific development standards or use restrictions.

Wetlands. Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

10-4.1.

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

10-4.2.

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

10-4.3.

District delineation. The groundwater recharge area protection map is delineated according to the Georgia Department of Natural Resources' "Most Significant Groundwater Recharge Areas of Georgia, Hydrologic Atlas 18 (1989 Edition)" and the Georgia Department of Natural Resources "Groundwater Pollution Susceptibility Map of Georgia, Hydrologic Atlas 20, 1992 Edition".

Standards for this district shall comply with the DNR Rule 391-3-16-02, Criteria for the Protection of Groundwater Recharge Areas.

10-4.4.

Permitted uses. The following are requirements for specific uses in the Groundwater Recharge Area Protection District:

a.

All above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall have secondary containment for 110 percent of the volume of such tanks or 110 percent of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements.

b.

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

1)

A high pollution susceptibility area;

2)

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

3)

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

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

c.

New homes served by a septic tank/drain field system shall be on lots having minimum size limitations as follows, based on application of Table MT-1 of the DHR Manual (hereinafter DHR Table MT-1). The minimums set forth in Table MT-1 may be increased further based on consideration of other factors (set forth in section A—F) of the DHR Manual.

1)

One hundred fifty percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a high pollution susceptibility area;

2)

One hundred twenty-five percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a medium pollution susceptibility area;

3)

One hundred ten percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a low pollution susceptibility area.

d.

New manufactured home parks served by septic tank/drain field systems shall have lots or spaces having minimum size limitations as follows, based on application of Table MT2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors (set forth in Section A-F) of the DHR Manual.

1)

One hundred fifty percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a high pollution susceptibility area;

2)

One hundred twenty-five percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a medium pollution susceptibility area;

3)

One hundred ten percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a low pollution susceptibility area.

e.

Lots of record approved prior to the adoption of this ordinance are hereby exempted from the requirements of (C) and (D) above.

f.

"No construction may proceed on a building or manufactured home to be served by a septic tank unless the County Health Department first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resources Manual for On-Site Sewage Management (hereinafter DHR manual), and Sections 10-4.4(c) and (d) above."

g.

New facilities which handle hazardous materials, of the types (listed in Section 312 of the Resource Conservation and Recovery Act of 1976, excluding underground storage tanks) and in amounts (10,000 pounds or more on any one day) shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and any local fire prevention code requirements.

h.

Permanent storm water infiltration basins shall not be constructed in areas having high pollution susceptibility.

i.

Any new wastewater treatment basin shall have an impermeable liner.

10-5.1.

Description of district. The limits of the Ocmulgee River Corridor Protection District are hereby defined to be all land, inclusive of islands, in areas of the Ocmulgee River and being within 100 feet horizontally on both sides of the river as measured from the river banks. This area shall remain in an undisturbed vegetative buffer. The 100-foot buffer is measured horizontally from the uppermost part of the riverbank, usually marked by a break in slope. Although not within the buffer area, the area between the top of the riverbank and the water's edge shall be included in the district.

Because stream channels move due to natural processes such as meandering, riverbank erosion, and jumping of channels, the river corridor may shift with time. To address this potential, local staff will require that all applicants submit a site plan, prepared on a plat or survey, upon which the applicant or his design specialist has designated the riverbank. Local planning/inspections staff will verify the riverbank on site, and ensure its proper delineation on the site plan. The required 100-foot buffer will be clearly delineated on the site plan and enforced as a part of the local inspections process.

The Ocmulgee River Corridor Protection District is not intended to prescribe a specific land use but rather, to define a range of acceptable land uses. Within the range of uses which can be located within the district, this section establishes performance standards which apply to development within the district.

10-5.2.

Intent. The intent of the regulations within this River Corridor Protection District is to limit the use of the Ocmulgee River Corridor, in conjunction with other governmental entities along the Ocmulgee River Corridor, in order to:

a.

Assure that the section of the river in Ben Hill County will not become polluted and unsuitable as source for potable water;

b.

Protect the river corridor by establishing a natural vegetative buffer area bordering the river;

c.

Preserve those qualities that make the river corridor suitable as a habitat for wildlife; and

d.

Help control erosion and to absorb flood waters.

The further intent of this district is to protect and safeguard the health and welfare of all the citizens of Ben Hill and adjacent counties by providing protection of the section of the river that is or may be used as a future source of drinking water.

10-5.3.

Conditions and performance standards. Within the River Corridor Protection District, the following conditions and performance standards shall apply:

10-5.4.

Permitted uses.

a.

Allow the building of single-family dwellings, including the usual appurtenances, within the buffer area, subject to the following conditions:

1)

The dwelling shall be in compliance with all local building codes;

2)

The dwelling shall be located on a tract of land containing at least two acres. For the purposes of these standards, the size of the tract of land shall not include any area that lies within the protected river (that is, for tracts of land that include portions of a protected river, the area between the river banks cannot be counted towards the two-acre minimum size). A minimum continuous lot width of at least 210 feet shall be required for each parcel or lot (see minimum lot size and widths for general farming (GF) zoning district).

3)

There shall be only one such dwelling on each two-acre or larger tract of land.

4)

A septic tank or tanks serving such a dwelling may be located within the buffer area.

5)

Septic tank drain fields shall not be located within the buffer area.

b.

The construction of road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975 and of any applicable local ordinances on soil erosion and sedimentation control, as duly amended.

c.

Timber production and harvesting, subject to the following conditions:

1)

Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and

2)

Forestry activity shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

d.

Wildlife and fisheries management activities consistent with the purposes of section 12-2-8 (as amended) of O.C.G.A. tit. 12, ch. 2, art. 1.

e.

Wastewater treatment.

f.

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. (For example, a boat ramp would be consistent with this criterion.)

g.

Natural water quality treatment or purification.

h.

Agricultural production and management, subject to the following conditions:

1)

Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission;

2)

Agricultural activity shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended; and

3)

Agricultural activity shall be consistent with all state and federal laws and all regulations promulgated by the Georgia Department of Agriculture.

i.

Other uses permitted by the DNR under Section 404 of the Clean Water Act.

10-5.5.

Prohibited uses.

a.

Handling areas for the receiving and storage of hazardous waste shall be prohibited within protected river corridors.

b.

"Septic tanks and septic tank drain fields are prohibited within the river corridor, except as expressly provided in Section 10-5.4A (4) dealing with single-family dwellings within the river corridor) of this ordinance, which provides for septic tanks related to single-family dwellings."

c.

Hazardous waste and solid waste landfills shall be prohibited in the river corridor.

10-5.6.

Exemptions. Ben Hill County exempts the following from the River Corridor Protection requirements:

a.

Land uses existing prior to the adoption of the Ocmulgee River Corridor Protection District are exempt from these requirements with the exception of industrial and commercial uses which must comply with the following two requirements:

1)

Industrial and commercial activity within the river corridor shall meet all state and federal environmental rules and regulations.

2)

Industrial and commercial activity within the river corridor shall not impair the drinking quality of the river.

b.

Mining activities, if permitted by the DNR pursuant to the Georgia Surface Mining Act of 1968, as amended.

c.

Utilities, (except as discussed above in section 10-5.4(B). If such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that:

1)

The utilities shall be located as far from the riverbank as reasonably possible.

2)

Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible.

3)

Utilities shall not impair the drinking quality of the river water.

d.

Specific forestry and agricultural activities except as discussed above in sections 105.4(C) and 10-5.4(H).

10-5.7.

Restoration of buffer. The natural vegetative buffer shall be restored as quickly as possible following any land disturbing activity or construction within the river corridor related to the acceptable uses above.

10-5.8.

Construction prohibited. Except as noted above, all construction within the buffer area shall be prohibited.

10-6.1.

Findings of fact. The wetlands in Ben Hill County, Georgia are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic wellbeing of many communities within the State of Georgia.

Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piece meal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

10-6.2.

Purpose. The purpose of this ordinance is to promote wetlands protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process.

10-6.3.

Establishment of the Wetlands Protection District. The Wetlands Protection District is hereby established which shall correspond to all lands within the jurisdiction of Ben Hill County, Georgia that are mapped as wetland areas by the U. S. Fish and Wildlife Service National Wetlands Inventory Maps. This map shall be referred to as the generalized wetlands map and is hereby adopted by reference and declared to be a part of this ordinance, together with all explanatory matter thereon and attached thereto.

The generalized wetlands map does not represent the boundaries of jurisdictional wetlands within Ben Hill County, Georgia and cannot serve as a substitute for a delineation of wetland boundaries by the U. S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this ordinance does not relieve the landowner from federal or state permitting requirements.

10-6.4.

Requirement for local permit or permission. No regulated activity will be permitted within the Wetlands Protection District without written permission or a permit from Ben Hill County, Georgia. If the area proposed for development is located within 50 feet of a Wetlands Protection District boundary, as determined by the zoning administrator and/or his designee using the Generalized Wetlands Map, a U. S. Army Corps of Engineers determination shall be required. If the corps determines that wetlands are present on the proposed development site, the local permit or permission will not be granted until a Section 404 Permit or Letter of Permission is issued.

10-6.5.

Permitted uses. The following uses shall be allowed as of right within the Wetlands Protection District to the extent that they are no prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided herein. (The activities listed in this section are exempted from Section 404 regulations provided they do not have impacts on a navigable waterway that would necessitate acquisition of an individual 404 permit. However, under section 10 of the Rivers and Harbors Act, a permit may be required in some circumstances.)

A.

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

B.

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

C.

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

D.

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

E.

The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural best management practices are followed.

F.

Education, scientific research, and nature trails.

10-6.6.

Prohibited uses. The following uses are not permitted within the Wetlands Protection District:

A.

Receiving areas for toxic or hazardous waste or other contaminants;

B.

Hazardous or sanitary waste landfills.