The intent of this article is to establish minimum development standards and criteria that will afford reasonable protection of environmentally sensitive natural resources found throughout the city. Based on the findings of the Joint Comprehensive Plan for Fannin County and the Cities of Blue Ridge, McCaysville, Mineral Bluff, and Morganton, it has been determined that the wise management of these resources as defined in this article is essential to maintaining the health, safety, general welfare and economic well-being of the public.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

The city's environmental conservation districts shall include the following districts:

(1)

Wetlands protection district;

(2)

Toccoa River corridor protection district;

(3)

Water supply watershed protection district.

(b)

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

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

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

(b)

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

(c)

Definitions. In addition to the definitions provided in section 140-4, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Generalized wetlands map means the current U.S. Fish and Wildlife Service National Wetlands Inventory Maps for the city.

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

Jurisdictional wetland determination means a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, 33 USC 1344, as amended.

Regulated activity means any activity which will or which may reasonably be expected to result in the discharge of dredged or fill material into waters of the United States excepting those activities exempted in section 404 of the Clean Water Act.

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

(d)

District delineation.

(1)

The wetlands protection district is hereby established which shall correspond to all lands within the city that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetland Inventory Maps. This map shall be referred to as the generalized wetland map and is hereby adopted by reference and declared to be a part of this chapter, together with all explanatory matter thereon and attached thereto.

(2)

The generalized wetland map does not represent the boundaries of jurisdictional wetlands with the city 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 chapter does not relieve the landowner from federal or state permitting requirements.

(e)

Wetland development permit requirements. No activity or use except those identified in subsection (f) of this section shall be allowed within the wetlands protection district without written permission from the zoning administrator in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this chapter and other applicable regulations. If the area proposed for development is located within 50 feet of the wetlands protection district boundary, as determined by the zoning administrator using the generalized wetlands map, a U.S. Army Corps of Engineers determination shall be required. If the Corps determines that wetlands are present and that a section 404 permit or letter of permission is required, a local development permit will be issued only following issuance of the section 404 permit or letter of permission. Furthermore, the local development permit will only be granted if the proposed use is in compliance with underlying zoning district requirements and other provisions of this chapter.

(f)

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

(1)

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

(2)

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

(3)

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

(4)

Natural water quality treatment or purification.

(5)

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

(6)

Education, scientific research, and nature trails.

(g)

Prohibited uses. The following uses are prohibited in a wetlands protection district:

(1)

Handling and storage areas for the receiving and storage of hazardous materials.

(2)

Hazardous waste, hazardous materials, and solid waste disposal facilities.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Findings of fact. River corridors are the strips of land that flank major rivers in the state. These corridors are of vital importance to the state in that they help preserve those qualities that make a river suitable for habitat for wildlife, a site for recreation, and a source for clean drinking water. These river corridors also allow the free movement of wildlife from area to area within the state, help control erosion and river sedimentation, and help absorb floodwaters.

(b)

Purpose. The Toccoa River has been designated as a protected river by the state. The purpose of the major river protection district is to establish measures to preserve an adequate supply of safe drinking water which is necessary to protect the health and welfare of the public as well as to provide for the state's future growth.

(c)

Definitions. In addition to the definitions provided in section 140-4, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Natural vegetative buffer or buffer area 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 to maintain those species.

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

Protected river means any perennial river or watercourse with an average flow of at least 400 cubic feet per second as determined by the appropriate U.S. Geological Survey documents.

Public utility means a service provided by a public utility company or private entity which provides such service and all equipment and structures necessary to provide such service.

River bank means 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.

River corridor means all land, inclusive of islands, not regulated under the Metropolitan River Protection Act (O.C.G.A. §§ 12-5-440 through 12-5-457), or the Coastal Marshland Protection Act (O.C.G.A. §§ 12-5-280 through 12-5-293), in areas of a protected river and being within 100 feet horizontally on both sides of the river measured from the river banks.

(1)

The 100-foot buffer shall be measured horizontally from the uppermost part of the river banks, usually marked by a break in slope. Although not within the measured 100-foot-wide buffer, the area between the top of the bank and the edge of the river shall be treated the same as the river corridor and shall be included within the Toccoa River corridor protection district.

(2)

Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For purposes of this chapter, the river corridor shall be fixed at its position at the beginning of each review period for the Joint Comprehensive Plan for Fannin County and the Cities of Blue Ridge, McCaysville, Mineral Bluff, and Morganton. Any shift in the location of the protected river after the review period will be shown by revision of the boundaries of the river corridor at the time of the next comprehensive plan review by the state department of community affairs.

Sensitive natural area means any area, as identified now or hereafter by the department of natural resources, which contains one or more of the following:

(1)

Habitat, including nesting sites, occupied by rare or endangered species;

(2)

Rare or exemplary natural communities;

(3)

Significant landforms, hydroforms, or geological features; or

(4)

Other areas so designated by the state department of natural resources and which are sensitive or vulnerable to physical or biological alteration.

(d)

District delineation. The Toccoa River corridor protection district is hereby established, which shall comprise all land, inclusive of islands, in the areas of the Toccoa River within the county and being within 100 feet horizontally on both sides of the river as measured from the river banks. Also included is the area between the top of the bank and the edge of the river although this strip of land is not included as part of the 100-foot buffer requirement contained in the minimum standards. This district shall be further defined and delineated on the Toccoa River corridor protection district overlay map, which is hereby incorporated into and made a part of this chapter by reference.

(e)

Protection criteria.

(1)

A natural vegetative buffer shall be maintained at all times in the river corridor, except as provided in subsection (f) of this section. The natural vegetative buffer shall be restored as quickly as possible following any land disturbing activity.

(2)

The standards and requirements in this chapter do not supersede those contained in the Metropolitan River Protection Act, the Coastal Marshlands Protection, and the Erosion and Sedimentation Act.

(f)

Permitted uses. No construction, septic tanks and septic tank drainfields, or other land disturbing activity will be allowed to occur within the Toccoa River corridor protection district except as expressly provided for the following uses:

(1)

Single-family dwellings, including the usual appurtenances, are permitted in the buffer area only and in compliance with other zoning regulations, subject to the following conditions:

a.

Each dwelling is located on at least two acres (for purposes of this chapter, the size of the tract of land shall not include any area that lies within the protected river);

b.

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

c.

Although septic tanks for dwellings can be located in the buffer area, septic tank drainfields must be located outside of the buffer area.

(2)

Industrial or commercial uses existing prior to the adoption of the ordinance from which this chapter is derived, provided they do not impair the drinking quality of water and meet all other state and federal environmental rules and regulations.

(3)

Road and utility crossings, provided the construction of these crossings meet the requirements of the Erosion and Sedimentation Act of 1975, and all applicable local ordinances on soil erosion and sedimentation control.

(4)

The following uses are permitted in the river corridor, provided that such uses do not impair the long-term functions of the protected river or the river corridor:

a.

Timber production and harvesting, provided it is consistent with the best management practices established by the state forestry commission, and does not impair the drinking quality of the river water as defined by the Clean Water Act, as amended.

b.

Agricultural production, provided it is consistent with the best management practices established by the state soil and water conservation commission, all other state and federal laws, and all regulations promulgated by the state department of agriculture; and does not impair the drinking quality of the river water as defined by the Clean Water Act, as amended.

c.

Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8.

d.

Natural water quality treatment or purification.

e.

Wastewater treatment.

f.

Recreational usage consistent with the maintenance of a natural vegetative buffer or with river-dependent recreation. (For example, a boat ramp would be consistent with this criterion, but a hard surface tennis court would not. Parking lots are not consistent with this criterion, but paths and walkways would be.)

g.

Other uses permitted by the department of natural resources or under section 404 of the Clean Water Act.

(g)

Exemptions. The following uses are exempted from the Toccoa River protection plan:

(1)

Land uses existing prior to the adoption of the Toccoa River corridor protection district regulations. For purposes of this chapter, a preexisting use is defined as any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of the ordinance from which this chapter is derived, falls within one of the following categories (See subsection (f)(2) of this section for additional regulations governing preexisting industrial and commercial uses.):

a.

Is completed;

b.

Is under construction;

c.

Is fully approved by the mayor and city council;

d.

All materials have been submitted for approval by the mayor and city council; or

e.

Is zoned for such use and expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning.

(2)

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

(3)

Utilities (except a discussed in subsection (f)(3) of this section), if such utilities cannot be feasibly located outside the Toccoa River corridor protection district (feasibility shall be decided conservatively by the mayor and city council), provided that:

a.

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

b.

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

c.

The utilities shall not impair the drinking quality of the river water.

(h)

Prohibited uses. The following uses are prohibited within the river corridor:

(1)

Facilities or areas used for the handling, receiving, or storing of hazardous wastes.

(2)

Hazardous waste or solid waste landfills.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

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

(b)

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

(c)

Definitions. In addition to the definitions provided in section 140-4, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Buffer, natural, means a natural or enhanced vegetated area with no or limited minor land disturbances, such as trail and picnic areas, located adjacent to reservoirs or perennial streams within a water supply watershed.

Corridor means all land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed and within other setback areas specified in subsection (d) of this section.

Large water supply watershed means a watershed that contains 100 square miles or more of land within the drainage basin upstream of a governmentally-owned public drinking water supply intake.

Perennial river/stream means a river/stream or section of a river/stream that flows continuously throughout the whole year as indicated on a U.S. Geographic Survey Quadrangle map.

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

Small water supply watershed means a watershed that contains less than 100 square miles of land within the drainage basin upstream of a governmentally-owned public drinking water supply intake.

Utility means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems, railroads or other utilities identified by the mayor and council.

Water supply reservoir means a government-owned impoundment of water for the primary purpose of providing water to one or more governmentally-owned public drinking water systems. This excludes multipurpose reservoirs owned by the U.S. Army Corps of Engineers or the Tennessee Valley Authority.

Water supply watershed means an area of land upstream of a governmentally-owned public drinking water intake.

(d)

District delineation.

(1)

The Toccoa River water supply watershed and the Ellijay River water supply watershed districts are hereby designated, and shall comprise the land areas that drain to the public water supply intake permitted to the City of Blue Ridge and the Ellijay/Gilmer County Water and Sewer Authority, respectively. The boundary of these districts are defined by the ridge lines of the respective watershed and the boundary of a radius seven miles upstream of the respective public water supply intakes or reservoirs.

(2)

The following water supply watershed districts and reservoirs are hereby defined and the boundaries shall be identified on the water supply watershed protection district map of the city, which is hereby incorporated and made a part of this chapter by reference.

a.

The Toccoa River water supply watershed is a large water supply watershed district. An intake for the city is located on this river. The watershed contains a multi-use reservoir operated by the Tennessee Valley Authority, but does not contain a reservoir as defined by this chapter.

b.

The Ellijay River water supply watershed is a small water supply watershed district. An intake for the Ellijay/Gilmer County Water and Sewer Authority is located on this river. The watershed does not contain a reservoir as defined by this chapter.

(e)

Protection criteria. All uses allowed in the underlying zoning districts as established by this chapter except for those listed in subsection (f) of this section are permitted in the water supply watershed protection district, subject to the following standards:

(1)

Large water supply watershed. The following regulations shall apply to the Toccoa River water supply watershed identified without a reservoir on the adopted map: New facilities, located within seven miles of a water supply intake or water supply reservoir, 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 amounts of 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 or the requirements of the fire prevention code as adopted by chapter 105 (Building Regulations) in this Land Use Code.

(2)

Small water supply watershed. The following regulations shall apply to the Ellijay River water supply watershed identified without a reservoir on the adopted map:

a.

The corridors of all perennial streams within a seven-mile radius upstream of a governmentally-owned public drinking water supply intake must be protected by the following criteria:

1.

A natural buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

2.

No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream as measured from the stream bank.

3.

Septic tanks and septic tank drainfields are prohibited in the 150-foot setback area as described in subsection (e)(2)a.2 of this section.

b.

The corridors of all perennial streams outside a seven-mile radius upstream of a governmentally-owned public drinking water supply intake or water supply reservoir must be protected by the following criteria:

1.

A natural buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks.

2.

No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks.

3.

Septic tanks and septic tank drainfields are prohibited in the 75-foot setback area as described in subsection (e)(2)b.2 of this section.

c.

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

d.

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 amounts of 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 or the requirements of the fire prevention code as adopted by chapter 105 (Building Regulations) in this Land Use Code.

(f)

Exemptions. The following uses are exempt from the protection criteria of the Ellijay River water supply watershed district (small), if they meet the stipulated conditions:

(1)

Land uses existing prior to the adoption of the water supply watershed protection district regulations. For purposes of this chapter, a preexisting use is defined as any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of the ordinance from which this chapter is derived, falls within one of the following categories:

a.

Is completed;

b.

Is under construction;

c.

Is fully approved by the mayor and city council;

d.

All materials have been submitted for approval by the mayor and city council; or

e.

Is zoned for such use and expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning.

(2)

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

(3)

Utilities are exempt from the stream corridor buffer and setback area provisions if such utilities cannot be feasibly located outside these areas, in accordance with the following conditions (feasibility shall be decided conservatively by the mayor and city council):

a.

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

b.

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

c.

The utilities shall not impair the drinking quality of the river water.

(4)

Specific forestry and agricultural activities in the stream corridor and setback areas in accordance with the following conditions: The activity shall be consistent with best management practices established by the state forestry commission or the department of agriculture and shall not impair the quality of the drinking water stream.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The following requirements are in addition to the requirements of section 140-588.

(1)

Review procedures. See section 140-588 for review procedures.

(2)

Site plans. Applications for a local development permit within the environmental conservation districts identified in this article shall include a site plan, drawn at a scale not smaller than one inch equals 100 feet and shall show the following information:

a.

The complete boundary of the affected environmental conservation district shall be shown and designated on the site plan;

b.

Location, dimensions, and area of all impervious surfaces, both existing and proposed;

c.

The location and distances from the boundaries of the proposed site to the nearest bank of an affected perennial stream, water body, or wetland, as applicable;

d.

Locations and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials, if applicable;

e.

All proposed temporary disruptions or diversions of local hydrology;

f.

If applicable, all planned excavation and fill, including calculations of the volume of cut and fill involved, cross sectional drawings showing existing and proposed grades. Elevations with both horizontal and vertical scale must be shown on the cross sectional drawings;

g.

Elevations shall be shown using contour intervals no greater that two feet. Sites with slopes less than two percent shall provide contour intervals no greater than one foot.

(3)

Activities to comply with site plan. All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface with the developments, alter the overall density of development, result in a considerable increase in the amount of excavation, fill, or removal of material or the overall appearance of the development as proposed, can be amended only with the approval of the zoning administrator.

(4)

Exemptions to site plan requirements. Repairs to a facility that is part of a previously approved and permitted development are exempt from site plan requirements. (Repair does not include enlargement.)

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)