The provisions set forth in chapter 3 are intended to protect the natural features and natural resources within Butts County, and to implement policies in the Butts County comprehensive plan. The natural features and natural resources included in chapter 3 are the floodplain, water supply watersheds, groundwater recharge areas, riparian buffer zone, wetlands, and aquifer recharge areas.

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-120(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 board of commissioners of Butts County, Georgia, does ordain the provisions of this article.

(a)

The flood hazard areas of Butts County, Georgia, are subject to periodic inundation which results 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.

It is the purpose of this article 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.

The objectives of this article 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.

This article shall apply to all areas of special flood hazard within the jurisdiction of Butts County, Georgia.

The areas of special flood hazard identified by the Federal Emergency Management Agency in its most recent applicable flood insurance study (FIS), with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this article.

For those land areas acquired by a municipality through annexation, the current effective FIS, with accompanying maps and other supporting data and any revision thereto for Butts County, are hereby adopted by reference.

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 such as the United States Geological Survey Ocmulgee River Flood study presented to Butts County in 1995.

The repository for public inspection of the flood insurance study (FIS), accompanying maps, and other supporting data is located in the Butts County community development department.

A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities.

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

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

In the interpretation and application of this article, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered new construction.

Elevated building means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Flood-proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

Start of construction means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement occurs within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure.) (Note: accessory structures are not exempt from any article requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the start of construction of the improvement. Note: The market value of the structure should be:

(1)

The appraised value of the structure prior to the start of the initial repair or improvement; or

(2)

In the case of damage, the value of the structure prior to the damage occurring.

This term includes structures which have incurred substantial damage, regardless of the actual amount of repair work performed.

For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include:

(1)

Those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions and which have been identified by the code enforcement official, and not solely triggered by an improvement or repair project; or

(2)

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially improved manufactured home parks or subdivisions means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

The degree of flood protection required by this article 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 article 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 article shall not create liability on the part of Butts County or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

The zoning administrator is hereby appointed to administer and implement the provisions of this article.

Application for a development permit shall be made to the zoning administrator on forms furnished by the community prior to any development activities and 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 and 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 non-residential flood-proofed structure will meet the flood-proofing criteria of section 3.01.16(b);

(4)

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

(b)

Construction stage. For all new construction and substantial improvements, the permit holder shall provide to the zoning 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 non-residential 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 zoning administrator 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 progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

Duties of the zoning administrator shall include, but shall not be limited to:

(a)

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

(b)

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.

(c)

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

(d)

When base flood elevation data or floodway data have not been provided in accordance with section 3.01.06, then the zoning administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this article.

(e)

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 section 3.01.13(b).

(f)

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 section 3.01.13(b).

(g)

When flood-proofing is utilized for a structure, the zoning administrator shall obtain certification of design criteria from a registered professional engineer or architect in accordance with section 3.01.13(a)(3) and 3.01.16(b) or 3.01.18(b).

(h)

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

(i)

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).

(j)

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

(k)

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 zoning administrator 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 article.

(l)

All records pertaining to the provisions of this article shall be maintained in the office of the zoning administrator and shall be open for public inspection.

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:

a.

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;

b.

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

c.

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

(2)

So as not to violate the "lowest floor" criteria of this ordinance, 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) and 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 requirements for resisting wind forces;

(g)

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

(h)

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

(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 is not compliant with the provisions of this article shall be undertaken only if the nonconformity is not furthered, extended or replaced.

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 section 3.01.15(d), "Elevated Buildings."

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

(b)

Non-residential 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 watertight 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 section 3.01.14(f).

(c)

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

(1)

All manufactured homes placed and/or substantially improved on:

a.

Individual lots or parcels;

b.

In new and/or substantially improved manufactured home parks or subdivisions;

c.

In expansions to existing manufactured home parks or subdivisions; or

d.

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:

a.

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

b.

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. section 3.01.15(f))

(4)

All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than 180 consecutive days;

b.

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

c.

The recreational vehicle must meet all the requirements for new construction, including the anchoring and elevation requirements of subsections (c)(1) and (c)(3) of this section.

(d)

Floodway. Located within areas of special flood hazard established in section 3.01.06 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)(1) of this section is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of this ordinance.

Located within the areas of special flood hazard established in section 3.01.06, where streams exist but no base flood data has been provided (A zones), or where base flood data has been provided but a floodway has not been delineated, the following provisions apply:

(a)

When base flood elevation data or floodway data has not been provided in accordance with section 3.01.06, then the zoning administrator 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 this ordinance. Only if data is not available from these sources, then the following subsections (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.

(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 section 3.01.15(d), "Elevated Buildings."

All heating and air conditioning equipment and components (including ductwork) and 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 zoning administrator shall certify the lowest floor elevation level, and the record shall become a permanent part of the permit file.

Located within the areas of special flood hazard established in section 3.01.06, 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 at any point within the community. 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 section 3.01.16.

Areas of special flood hazard established in section 3.01.06 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 section 3.01.15(d), "Elevated Buildings."

The zoning administrator 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 non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight 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 sections 3.01.13(a)(3) and 3.01.13(b).

(c)

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

(a)

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

(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 LOMR.

Critical facility means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include:

(a)

Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials;

(b)

Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events;

(c)

Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and

(d)

Generating plants, and other principal points of utility lines.

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

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

(a)

The Butts County board of appeals, as established by the board of commissioners, shall hear and decide requests for appeals or variance from the requirements of this article, and chapters 9 and 10 of this UDO.

(b)

The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the zoning administrator in the enforcement or administration of this article.

(c)

Any person aggrieved by the decision of the board of appeals may appeal such decision to the Superior Court of Butts County, as provided in O.C.G.A. § 5-41 et seq.

(d)

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.

(e)

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.

(f)

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

(g)

In reviewing such requests, the board of appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.

(h)

Conditions for variances.

(1)

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause;

b.

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

c.

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.

(2)

The provisions of this article 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.

(3)

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.

(4)

The zoning administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(i)

Upon consideration of the factors listed above and the purposes of this article, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

Overlay districts are a special purpose zoning classification used to supplement, not substitute for, the current zoning districts, called the "underlying district," in order to protect and promote public and private investment. More stringent controls generally apply within the overlay districts than would normally be required in the underlying districts.

In addition, overlay districts apply additional standards to specific areas which may lie within any of the above districts. Those districts are as follows:

(a)

Watershed Water Supply District.

(1)

Tussahaw Creek and Reservoir Area Watershed District.

(2)

Ocmulgee River Watershed District.

(3)

Towaliga River Watershed District.

(b)

GRAP, Groundwater Recharge Area Protection.

(c)

RBZ, Riparian Buffer Zone.

(d)

WP, Wetlands Protection.

(e)

Interstate 75 Corridor Overlay District.

In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Butts County and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land-disturbing activities associated with development can increase erosion and sedimentation that threaten 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 for recreation. 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.

The purpose of this article is to establish measures to protect the quality and quantity of the present and future water supply of Butts County (and Henry County with respect to the Tussahaw Creek, Peeksville Creek, Wolf Creek, Malholms Creek, their tributaries, and the Tussahaw Reservoir); to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watershed. This article shall apply to the portions of the following watersheds which occur within the jurisdiction of Butts County and are hereinafter identified as water supply watersheds.

(a)

The Butts County community development department is hereby designated as the administrator and enforcement authority of this article.

(b)

The county, their agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary.

(c)

All applications for building permits shall be first submitted to the building inspection section of the Butts County community development department for issuance of building permits when the application is in compliance with the regulations of this article. The building inspection section shall submit applications for review to the development director when there is a need for interpretation and enforcement of specific sections of this article.

(d)

Agents and employees of the County, Henry Authority, Butts Authority and law enforcement officials of the County and other law enforcement officials having police powers shall have authority to assist the enforcer in enforcement of this article.

(e)

The enforcer shall have the authority to enforce this article; to authorize issuance of permits thereunder; to address violations and to refer violations to the code enforcement department of the county; to issue citations for violation of this article; to issue administrative orders; and to commence civil and criminal actions.

(a)

Previous uses preserved generally. The lawful use of any building, structure, or land use existing at the time of the enactment of this article may be continued, even though such use does not conform with the provisions of this article except that the nonconforming structures of use shall not be:

(1)

Changes to another conforming use;

(2)

Reestablished after discontinuance for one year;

(3)

Extended except in conformity with this section; or

(4)

Structurally altered, except for repairs necessary for the continuation of the existing use.

(b)

Replacement of nonconforming uses. The replacement of nonconforming uses shall be in compliance with the provisions of chapter 9.

(c)

Application to projects partially complete. For any development which has received, before the effective date of this ordinance, either preliminary plat approval, site plan approval, a building permit or other relevant permits provided by the county, and/or which substantial work has been completed or substantial investment made in reliance upon such a permit, any future work included in said plat or plan may be completed without being subject to the additional regulations imposed in this article. Any significant additions, expansions, or phases that deviate significantly from said plat or plan or that have not yet received a permit shall be subject to the provisions of this article.

All parcels of land within the watershed protection districts that do not conform to the space requirements or come within the permitted uses or the minimum standards hereinafter set shall be governed by the zoning ordinance as it relates to conforming use activities. No property owner within said district or area, nor successor in title, who is engaged in a use which is rendered nonconforming by this article shall be required to limit, restrict, amortize, or discontinue such use within the boundaries of her/his property. Nothing in this article shall require any change in development or proposed use of properties which are presently under development or a preliminary plat has been submitted and approved as of the effective date of this article. All parcels or tracts of land within said district or area shall be subject to the rules and regulations of the Butts County health department.

(a)

Pursuant to chapter 9, the Butts County board of appeals may authorize upon appeal in individual cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this article will, in an individual case, result in unnecessary hardship only upon a finding by the board of appeals that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2)

The application of this article to this particular piece of property would create an unnecessary hardship;

(3)

Relief, if granted, would not cause substantial detriment to the water quality of a water supply watershed district or impair the purposes and intent of this article;

(4)

The special circumstances surrounding the request for a variance are not the result of acts by the applicant;

(5)

The variance is not a request to permit a use of land, building or structure which is not permissible in the district involved; and

(6)

The variance will not result in an increase of the impervious surface of the development beyond that prescribed for each water supply watershed district herein.

(b)

Administrative variances may be granted in accordance with the provisions of chapter 9 of this UDO.

The county may, as a condition of variances to certain provisions of this ordinance, require alternative measures to be taken by the applicant such that the purpose of this ordinance may be achieved through alternative means.

Decisions made by the enforcer may be appealed to the Butts County board of appeals pursuant to chapter 10.

These regulations and the watershed district map may from time to time be amended in accordance with procedures and requirements in the general statutes.

Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land.

(a)

The Tussahaw Creek and Reservoir Area Watershed District (Tussahaw Watershed District) is hereby established and designated.

(b)

The Tussahaw Watershed District is defined as follows: All land that lies on each side of Tussahaw Creek and each perennial stream that flows into Tussahaw Creek to the ridge line from the west right-of-way line of Fincherville Road located in Butts County, Georgia, to the beginning points of Tussahaw Creek and each perennial stream that drains into Tussahaw Creek in said area. The main perennial streams that flow into the Tussahaw Creek at the location of the reservoir site are Peeksville Creek and its tributaries, Wolf Creek and its tributaries, and Malholms Creek and its tributaries. All of said creeks are located in the Tussahaw Watershed District.

(c)

A map of the Tussahaw Watershed District will be maintained by the County and the authority. The county's district map will overlie the official Butts County zoning map and each of said maps are hereby incorporated herein and made a part of this article by reference. The Tussahaw Watershed District shall be designated as WS-TS on the official Butts County zoning map.

(d)

Water quality critical area for the above-stated watershed district is all land that lies adjacent to the normal pool level of a reservoir and extending either to the ridge line boundary of the watershed or 500 feet, whichever is shorter, and all land extending a distance of three miles upstream from the normal pool level of the reservoir that is adjacent to each perennial stream upstream from the reservoir and extending either to the ridge line boundary of the watershed on each side of the perennial stream or 500 feet, whichever is shorter. The normal pool elevation of the existing and proposed reservoirs of the authority are Tussahaw Creek Reservoir contour line El. 600.0.

(e)

A limited development area (LDA) is established for the remaining part of the watershed district that is located outside of the WQCA to the ridge line of each district.

Within the Tussahaw Watershed District, no land-disturbing activity, construction or other development, other than certain exempted activities identified within, may be conducted without a permit from the county and must be in full compliance with the terms of this ordinance and other applicable regulations. All activities that are not permissible as of right or as a special use shall be prohibited.

The following land use activities are exempted from the development review and permit requirements of this article with regard to the Tussahaw Watershed District:

(a)

Agriculture and forestry. Normal agricultural and forestry activities involving planting and harvesting of crops are exempted if they conform to best management practices established by the Georgia Department of Agriculture. Silvicultural activities must conform to best management practices by the Georgia Forestry Commission.

(b)

Mining. All mining activities that are permitted by the Georgia Department of Natural Resources under the Georgia Surface Mining Act, as amended, are exempted.

Applications for a development permit within the Tussahaw Watershed District shall include the following:

(a)

Existing ordinances. Each application shall comply with all existing ordinances and amendments thereto.

(b)

In addition to the requirements of each of the above-referenced ordinances, site plans or construction improvement plans for development of property shall contain the following additional information:

(1)

The total square feet and acres of property to be developed.

(2)

Location, dimensions, and area (in square feet) of all impervious surfaces, both existing and proposed, on the site.

(3)

The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir.

(4)

The location of each perennial stream that crosses or abuts the site.

(5)

The location of each public reservoir that abuts the site.

(6)

The location, elevation, and orientation of the 100-year flood plain on the site.

(7)

The site plan submitted shall contain a certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the WQCA, the LDA, or outside of both areas.

(8)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(c)

In addition to the requirements above, the following information shall accompany each building permit requested:

(1)

The total square feet and acres of property to be developed.

(2)

Location, dimensions, and area (in square feet) of all impervious surfaces, both existing and proposed, on the site.

(3)

The location of each perennial stream that crosses or abuts the site.

(4)

The location of each public reservoir that abuts the site.

(5)

The location and orientation of the 100-year flood plain on the site.

(6)

The site plan submitted shall contain a certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the WQCA, the LDA, or outside of both areas.

(7)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said approved plans. 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 within the development; alter the overall density of development; result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction; or otherwise result in an alteration of the overall appearance of the development as proposed can be amended only with the approval of the community development department. Any such amendments shall also comply with all other applicable ordinances and laws.

(a)

Repairs to a facility that is part of a previously approved and permitted development.

(b)

Accessory structures such as barns, sheds, or additions to single-family dwellings, provided that the construction or placement of such accessory structure does not cause the parcel to exceed the impervious surface limitations set forth herein.

(a)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(b)

If construction described in the development permit is suspended after work has commenced, the permit shall expire 12 months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as far as practicable.

The following limitations on permissible uses together with the limitations on land use prescribed under the ordinances of Butts County, the laws of the state of Georgia, the regulations of the regulatory agencies of the state of Georgia, the laws of the United States of America, and the regulations of the regulatory agencies of the United States of America shall apply.

(a)

Within the water quality critical area. The following limitations on permissible uses shall apply to the WQCA:

(1)

Agricultural land use. No confined animal feeding operations may be conducted within the WQCA.

(2)

Commercial establishments. No commercial activity may be conducted within the WQCA.

(3)

Fuel and chemical storage tanks. No above ground storage tanks shall be allowed in the WQCA.

(4)

Industries. No industrial activity may be conducted within the WQCA.

(5)

Landfills and wastewater disposal. No landfills or wastewater disposal facilities of any kind (except for septic tanks approved by the Butts County health department and wastewater disposal facilities owned and operated by the authority) shall be allowed within the WQCA.

(6)

Offices. Offices are not permissible within the WQCA.

(7)

Residential land use. Single-family residential lots are permissible if acreage requirements hereinafter set forth are met. Residential lots must have no less than two acres when served by a septic tank system and no less than one and one-half acres when served by a public sewer system. The minimum lot width permissible for development with septic tank systems when using a public water system is 175 feet.

(8)

Toxic and hazardous materials. No facility that stores or disposes of underground fuel or chemical storage tanks shall be allowed in the WQCA. No industry or business that generates hazardous waste may be located within the WQCA.

(b)

Within the limited development area. The following limitations on permissible uses shall apply to the LDA:

(1)

Agriculture. There are no additional limitations on the type of agricultural land use permissible within the LDA.

(2)

Commercial establishments. Commercial establishments shall only be permissible on land parcels of no less than one and one-half acres if served by a septic tank system and no less than one acre if served by a public sewer system.

(3)

Fuel and chemical storage tanks. Underground fuel and chemical storage tanks will be allowed if they meet all of the requirements set forth by the Georgia Department of Natural Resources Environmental Protection Division.

(4)

Industries. No industry that manufactures toxic or hazardous materials may be located in the LDA. Only those industries that are not large quantity generators of hazardous waste may be located within the LDA. Permitted industries must be located on land parcels of no less than four acres if served by a septic tank system and no less than two acres if served by a public sewer system.

(5)

Landfills and waste disposal. No landfills shall be allowed within said area. Septic tanks approved by the county health department and sewage disposal facilities owned and operated by the authority will be allowed in this area.

(6)

Offices. Offices shall be permissible on land parcels of no less than one and one-half acres if served by a septic tank system and no less than one acre if served by a public sewer system.

(7)

Residential. Single-family residential lots are permissible if acreage requirements hereinafter set forth are met. Residential lots served by a septic tank system shall be a minimum of one acre. Residential lots served by a public sewer system shall be a minimum of one-half acre.

(8)

Toxic and hazardous materials. No facilities that dispose of toxic or hazardous waste may be located within the LDA. No facility that manufactures, stores or disposes of toxic or hazardous waste may be located within the LDA.

If a perennial stream abuts or crosses any property upon which an industrial facility, office facility, commercial facility, service facility, or residential building is located, the following minimal lot sizes will be required:

(a)

If served by a septic tank system:

(1)

Industrial lots: Five acres.

(2)

Office lots: Two acres.

(3)

Commercial establishments: Two acres.

(4)

Residential: One and one-quarter acres.

(b)

If served by public sewer system:

(1)

Industrial lots: Two acres.

(2)

Office lots: One and one-half acres.

(3)

Commercial establishments: One and one-half acres.

(4)

Residential: One acre.

The percentage of impervious area allowed in the WQCA and LDA of the Tussahaw Watershed District are set forth below. The percentages set forth below shall be determined by the addition of all land areas to be covered by impervious structures during the development of the property (i.e., roads, streets, driveways, houses, buildings, and parking areas).

(a)

Water quality critical area. No more than 20 percent of the land area of any parcel on which a new development is placed may be covered by impervious surface within the WQCA.

(b)

Limited development area. No more than 25 percent of the land area of any parcel on which a new development is placed may be covered by impervious surface within the LDA.

(c)

The impervious surface of a single-family residential development within the LDA may be increased to 35 percent provided that:

(1)

Development of land in the LDA includes area(s) set aside to remain in natural vegetation or open space in the amount of two times the area of impervious surface above the 25 percent limit. Ownership of such parcels in fee simple or as a conservation easement must be conveyed to the county, a homeowners' association, or some other governmental or nonprofit entity.

(2)

If the recipient of the property or conservation easement is to be an existing or proposed organization other than a governmental entity, the developer must submit to the county articles of association or incorporation which establish the entity. Said document must be approved in writing by the county prior to approving said development. Any proposed changes in said articles shall require the prior written approval of the county.

(3)

If the recipient is a homeowners' association, membership in the homeowners' association shall be mandatory for property owners and made a required covenant in all deeds issued or passed. The association shall provide voting and use rights in the natural vegetated area when applicable and charge dues or levy assessments to cover expenses, which may include tax liabilities of common areas, and for the maintenance of such common areas, natural vegetated areas, improvements, rights-of-way, utilities, etc. Such association shall be responsible for the perpetuation, maintenance, and function of all common lands, uses, and facilities.

(4)

All lands and improvements shall be described and identified as to location, size, use, and control in a restrictive covenant. The details of all easements conveyed shall be likewise described. These restrictive covenants shall be written so as to run with the land and become a part of the deed of each lot or dwelling unit within the development.

(5)

Such restrictive covenants and the association shall continue in effect so as to control the availability of facilities for their intended function and to protect the development from additional unplanned densities and use. Such association shall not be dissolved, nor shall such association dispose of any land set aside for the purposes of this article, by sale or otherwise, without prior written consent of the county.

(6)

Any and all natural vegetated areas shall be held in common ownership by the dwelling unit owners. Any change in the natural or vegetated area, other than to maintain it in reasonable order and condition in accordance with the final approval plan, shall require prior written approval of the county.

(7)

The natural vegetated area may be set aside by the developer by acquiring property in fee simple or a conservation easement within the watershed district.

(d)

The impervious surfaces for industrial, commercial, office, institutional, public, and multi-family residential development within the LDA may be more than 25 percent impervious surfaces provided the following structural stormwater controls are taken:

(1)

Stormwater management plan detailing the stormwater control structures proposed for the development shall be required. Said plan shall be in conformity with the requirements of the Georgia Stormwater Management Manual, latest edition. The preferred structure control is a wet detention pond which shall be located on site or as part of a regional pond where available. The design standards for detention ponds intended for watershed protection shall be found in the Georgia Stormwater Management Manual, latest edition. The construction of all stormwater controls designed for watershed protection shall be completed and have received final inspection approval from the Butts County building inspection section prior to issuance of a certificate of occupancy for a building or final plat approval if developed as an industrial, business, or office park.

(2)

Channelization of perennial streams shall be prohibited, except for road crossings, erosion and sedimentation control, or storm management control devices.

(3)

All permanent stormwater control structures and easements for maintenance and access shall be recorded in the final plat of the property in accordance with the subdivision ordinance and the Georgia Stormwater Management Manual, latest edition. The developer shall submit a detailed, long-term schedule for inspection and maintenance of stormwater control structures. The schedule shall include a legal agreement for maintenance responsibility between the local government and property owner. No final plat approval or building occupancy permit shall be issued until a fully executed maintenance agreement has been executed and accepted by the county. Inspections can include, but are not limited to:

a.

Initial review of stormwater management plan which must occur prior to issuance of development permit or building permit.

b.

Inspection prior to burial of any underground drainage structure.

c.

Erosion and sedimentation inspections as required on the approved project soil erosion and sedimentation control plan and the county soil erosion and sedimentation control ordinance.

d.

A final inspection when all work, including installation of drainage facilities, has been completed.

e.

Inspection prior to final subdivision plat approval for acceptance of public improvements (streets, stormwater management and drainage facilities).

f.

Subsequent inspections, measurements, and enforcement actions as necessary to ensure continued functioning of the facilities for stormwater management and watershed protection.

(4)

A development may participate in a regional wet detention pond program which has been established by one or more public or private entities subject to the following conditions:

a.

Runoff from the development drains into a regional stormwater management control facility approved by the county.

b.

An agreement between the county and the landowner has been executed which guarantees stormwater arrangement of the property and the detention pond.

c.

Construction of a regional detention pond meets or exceeds the design requirements of the Georgia Stormwater Management Manual, latest edition.

(e)

A development may provide an alternative method for stormwater control other than a wet detention pond provided that it is in compliance with the Georgia Stormwater Management Manual, latest edition, and design criteria for pollutant removal equivalent to those associated with wet detention ponds included in the Georgia Stormwater Management Manual, latest edition.

(a)

Water quality critical area. No impervious surface shall be constructed within 200 feet of the normal pool level of the reservoir or of any perennial stream located in the WQCA.

(b)

Limited development area. No impervious surface shall be constructed within 150 feet of the setback area on both sides of a perennial stream as measured from the stream banks in the LDA.

(a)

Stream buffers within WQCA. A natural or enhanced vegetative buffer shall be maintained for a distance of 150 feet from the normal pool level of a reservoir and 100 feet on both sides of a perennial stream as measured from the banks.

(b)

Stream buffers within the LDA. A natural or enhanced vegetative buffer shall be maintained for a distance of 100 feet on both sides of a perennial stream as measured from the stream's banks.

(c)

Agricultural BMPs. Notwithstanding any other provisions of this article, the continued cultivation of agricultural crops and the occasional pasturing of livestock shall be permissible within the buffer area, provided that the best management practices of the Georgia Department of Agriculture are followed.

Septic tanks and septic tank drainfields are prohibited in the setback area established in section 3.03.21.

All developments and land-disturbing activity within the Tussahaw Watershed District shall comply fully with the soil erosion and sedimentation control ordinance of the county.

New facilities located within the Tussahaw Watershed District that handle hazardous materials of a type and amount requiring a permit from the Department of Natural Resources or that require disposal by a hazardous materials handler permitted or licensed by the Department of Natural Resources at a hazardous materials facility shall perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collections systems shall be shown on the site plan in detail and must be approved, as part of the site plan, by the enforcer.

(a)

The Ocmulgee River Watershed District is hereby established and designated and shall comprise the land that drains to the Ocmulgee River.

(b)

The Ocmulgee River Watershed District is defined as follows: The Ocmulgee River is a large water supply watershed. An intake for Butts County is located on the Ocmulgee River just south of Jackson Lake. This water supply watershed does not contain a reservoir. The boundaries of this overlay are defined by the ridgelines of the respective watersheds. This overlay shall be further delineated and defined on the Water Supply Watershed Protection District Overlay Map of Butts County.

(c)

A map of the Ocmulgee River Watershed District will be maintained by the county and the authority. The county's district map will overlie the official Butts County zoning map and each of said maps are hereby incorporated herein and made a part of this ordinance by reference. The Ocmulgee River Watershed District shall be designated as WS-OC on the official Butts County zoning map.

Within the Ocmulgee River Watershed District, no land-disturbing activity, construction, or other development, other than certain exempted activities identified within, may be conducted without a permit from the county and must be in full compliance with the terms of this ordinance and other applicable regulations. All activities that are not permissible as of right or as a special use shall be prohibited.

The following land use activities are exempted from the development review and permit requirements of this article with regard to the Ocmulgee River Watershed District:

(a)

Land uses lawfully existing prior to the adoption of this article.

(b)

Mining activities permitted by the Department of Natural Resources under the Surface Mining Act.

(c)

If utilities cannot feasibly be located outside the buffer or setback areas required by this article, such utility locations can be exempted from the stream corridor buffer and setback area provisions subject to the following conditions:

(1)

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

(2)

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible; and

(3)

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

(d)

Specific forestry and agricultural activities in the stream corridor buffer and setback areas in accordance with the following conditions:

(1)

The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture; and

(2)

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

Applications for a development permit within the Ocmulgee River Watershed District shall include the following:

(a)

Existing ordinances. Each application shall comply with all existing ordinances and amendments thereto.

(b)

In addition to the requirements of each of the above-referenced ordinances, site plans or construction improvement plans drawn at a scale of one inch equals 50 feet for development of property shall contain the following additional information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, and cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale, and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any Ocmulgee River or Jackson Lake boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions, and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet and no greater than one foot for slopes less than or equal to two percent.

(6)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(7)

All proposed temporary disruptions or diversions of local hydrology.

All development activities or site work conducted after approval of the site plan shall conform to the specifications of said approved plans. 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 within the development; alter the overall density of the development; result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction; or otherwise result in an alteration of the overall appearance of the development as proposed can be amended only with the approval of the Butts County community development department. Minor changes, such as realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions, are exempted from this requirement. Any such amendments shall also comply with all other applicable ordinances and laws.

(a)

Single-family detached homes constructed on a subdivision of fewer than five parcels.

(b)

Repairs to a facility that is part of a previously approved and permitted development.

(c)

Accessory structures such as barns, sheds, or additions to single-family dwellings, provided that the construction or placement of such accessory structure does not cause the parcel to exceed the impervious surface limitations set forth herein.

(a)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(b)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as far as practicable.

(c)

Written notice of pending expiration of the development permit shall be issued by the development director or designated appointee.

The following limitations on permissible uses together with the limitations on land use prescribed under the ordinances of Butts County, the laws of the state of Georgia, the regulations of the regulatory agencies of the state of Georgia, the laws of the United States of America, and the regulations of the regulatory agencies of the United States of America shall apply.

(a)

The following regulations shall apply to the Ocmulgee River Watershed District identified on the adopted map as a large supply watershed without a reservoir:

(1)

For any property located within 1,000 feet of any property owned, managed, maintained, or operated by any government in Butts County as an existing reservoir or designated by a government agency in Butts County as a future reservoir, the following development standards are required:

a.

Agricultural uses:

1.

Minimum lot area: Three acres.

2.

Minimum front setback as measured from the right-of-way of the road: 250 feet.

3.

Minimum side setback: 250 feet.

4.

Minimum rear setback: 250 feet.

5.

Minimum setback for cultivation: 250 feet.

b.

Residential uses:

1.

Minimum lot area: Three acres.

2.

Minimum front setback as measured from the right-of-way of the road: 250 feet.

3.

Minimum side setback: 250 feet.

4.

Minimum rear setback: 250 feet.

5.

Minimum setback for cultivation: 250 feet.

c.

Commercial uses:

1.

None permitted.

d.

Industrial uses:

1.

None permitted.

(2)

For other properties located within the district, but not located within 1,000 feet of any property owned, managed, maintained, or operated by any government in Butts County as an existing reservoir or designated by a government agency in Butts County as a future reservoir, the following development standards are required:

a.

Agricultural uses:

1.

Minimum lot area: Three acres.

2.

Minimum front setback as measured from the right-of-way of the road: 100 feet.

3.

Minimum side setback: 100 feet.

4.

Minimum rear setback: 100 feet.

5.

Minimum setback for nitrification field lines: 100 feet.

b.

Residential uses:

1.

Minimum lot area: 1.25 acres for single-family dwellings, unless served by public sewage; 30,000 square feet per two-family dwelling (must be served by public sewage); 4,356 square feet per dwelling unit for multi-family dwellings (must be served by public sewage).

2.

Minimum front setback as measured from the right-of-way of the road: 100 feet.

3.

Minimum side setback: 100 feet.

4.

Minimum rear setback: 100 feet.

5.

Minimum setback for nitrification field lines: 100 feet.

c.

Commercial uses:

1.

Minimum lot area: 1.25 acres.

2.

Minimum front setback as measured from the right-of-way of the road: 200 feet.

3.

Minimum side setback: 200 feet.

4.

Minimum rear setback: 200 feet.

(3)

Any setback measurements stated in this section are measured from the outer edge of any river, creek, stream, spring, or body of water that is located within the district or the outer property line of any property owned, operated, managed, or maintained by any government agency in Butts County as an existing reservoir or designated by a government agency in Butts County as a future reservoir.

(4)

All other setback requirements of the primary zoning district in which a specific parcel of property lies must be complied with where they are either more stringent than or are not addressed by the development standards of this article.

(5)

Variances for the WS-OC district may be considered by the zoning board of appeals as to lot sizes and setbacks, provided that sewage generated by the facility located on the property is serviced by an approved public sewage facility. However, variances may not be made as to any residential, commercial, agricultural, or industrial facilities which use, make, or create as a product or a byproduct any toxic substance or waste.

New facilities located within seven miles of a water supply intake that handle hazardous materials of the types and amounts 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, the requirements of the Standard Fire Prevention Code, and local fire code requirements. Such spill and leak collections systems shall be shown on the site plan in detail and must be approved, as part of the site plan, by the enforcer.

All developments and land-disturbing activity within the Ocmulgee River Watershed District shall comply fully with the soil erosion and sedimentation control ordinance of the county.

(a)

Sewage treatment facility—Unless prior approval is granted by the board of commissioners and the Georgia Environmental Protection Division (EPD).

(b)

Commercial business which causes, sells, stores, or maintains any toxic chemicals, toxic wastes, or toxic products.

(c)

Agricultural activity that does not strictly comply with the Georgia Pesticide Act of 1976, Georgia Pesticide Use and Application Act of 1976, and Georgia Laws 1982, House Bill 1780 (O.C.G.A. § 2-1-4).

(d)

Industry, business or facility which uses, makes or creates as a product or byproduct any toxic wastes, heavy materials, grease, animal fat, or organic loading.

(e)

Dumping, discharging, releasing, spraying, or distributing of any toxic or other harmful products onto the land, into the atmosphere, or in a stream or body of water.

(a)

The Towaliga River Watershed District is hereby established and designated and shall comprise the land that drains to the Towaliga River.

(b)

The Towaliga River Watershed District is defined as follows: The Towaliga River is a small water supply watershed. An intake for the city of Jackson is located on the Towaliga River near the Georgia Diagnostic and Classification State Prison. This water supply watershed does not contain a reservoir. The boundaries of this overlay are defined by the ridgelines of the respective watersheds. This overlay shall be further delineated and defined on the Water Supply Watershed Protection District Overlay Map of Butts County.

(c)

A map of the Towaliga River Watershed District will be maintained by the County and the authority. The County's district map will overlie the official Butts County Zoning Map, and each of said maps are hereby incorporated herein and made a part of this ordinance by reference. The Towaliga River Watershed District shall be designated as WS-TW on the official Butts County zoning map.

Within the Towaliga River Watershed District, no land-disturbing activity, construction, or other development, other than certain exempted activities identified within, may be conducted without a permit from the county and must be in full compliance with the terms of this ordinance and other applicable regulations. All activities that are not permissible as of right or as a special use shall be prohibited.

The following land use activities are exempted from the development review and permit requirements of this article regarding the Towaliga River Watershed District:

(a)

Land uses existing prior to the adoption of this article.

(b)

Mining activities permitted by the Department of Natural Resources under the Surface Mining Act.

(c)

If utilities cannot feasibly be located outside the buffer or setback areas required by this article, such utility locations can be exempted from the stream corridor buffer and setback area provisions subject to the following conditions:

(1)

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

(2)

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible; and

(3)

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

(d)

Specific forestry and agricultural activities in the stream corridor buffer and setback areas in accordance with the following conditions:

(1)

The activity shall be consistent with Best Management Practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture; and

(2)

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

Applications for a development permit within the Towaliga River Watershed District shall include the following:

(a)

Existing ordinances. Each application shall comply with all existing ordinances and amendments thereto.

(b)

In addition to the requirements of each of the above-referenced ordinances, site plans or construction improvement plans for development of property shall contain the following additional information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, and cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale, and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any Towaliga River boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions, and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet and no greater than one foot for slopes less than or equal to two percent.

(6)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(7)

All proposed temporary disruptions or diversions of local hydrology.

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said approved plans. 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 within the development; alter the overall density of development; result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction; or otherwise result in an alteration of the overall appearance of the development as proposed can be amended only with the approval of the community development department. Minor changes, such as realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions, are exempted from this requirement. Any such amendments shall also comply with all other applicable ordinances and laws.

(a)

Single-family detached homes constructed on a subdivision of fewer than five parcels.

(b)

Repairs to a facility that is part of a previously approved and permitted development.

(c)

Accessory structures such as barns, sheds, or additions to single-family dwellings, provided that the construction or placement of such accessory structure does not cause the parcel to exceed the impervious surface limitations set forth herein.

(a)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(b)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as far as practicable.

(c)

Written notice of pending expiration of the development permit shall be issued by the development director or designated appointee.

The following limitations on permissible uses together with the limitations on land use prescribed under the ordinances of Butts County, the laws of the state of Georgia, the regulations of the regulatory agencies of the state of Georgia, the laws of the United States of America, and the regulations of the regulatory agencies of the United States of America shall apply.

(a)

The following regulations shall apply to the Towaliga River Water Supply Watershed identified on the adopted map as a small supply watershed:

(1)

The corridors of all perennial streams within 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:

a.

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

b.

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

c.

Septic tanks and septic tank drainfields are prohibited in the 150-foot setback area as described in (1)b. above.

(2)

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:

a.

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks. Where more stringent buffer requirements of other articles of this UDO or other ordinances apply, the greater buffer requirement shall take precedence.

b.

No impervious surfaces shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks. Where more stringent impervious surface requirements of other articles of this UDO or other ordinances apply, the greater impervious surface limitation shall take precedence.

c.

Septic tanks and septic tank drainfields are prohibited in the setback area as described in (2)b. above.

(3)

The impervious surface area of developments within the Towaliga River Water Supply Watershed, including all public and private structures, utilities, or facilities, shall be limited to 25 percent, or the percent of the existing use, as of the date of the adoption of this provision of the UDO, whichever is greater, unless the following structural stormwater controls are taken:

a.

Stormwater management plan detailing the stormwater control structures proposed for the development shall be required. Said plan shall be in conformity with the requirements of the Georgia Stormwater Management Manual, latest edition. The preferred structure control is a wet detention pond which shall be located on site or as part of a regional pond where available. The design standards for detention ponds intended for watershed protection shall be found in the Georgia Stormwater Management Manual, latest edition. The construction of all stormwater controls designed for watershed protection shall be completed and have received final inspection approval from the Butts County building inspection section prior to issuance of a certificate of occupancy for a building or final plat approval if developed as an industrial, business, or office park.

b.

Channelization of perennial streams shall be prohibited, except for road crossings, erosion and sedimentation control, or storm management control devices.

c.

All permanent stormwater control structures and easements for maintenance and access shall be recorded in the final plat of the property in accordance with the subdivision ordinance and the Georgia Stormwater Management Manual, latest edition. The developer shall submit a detailed, long-term schedule for inspection and maintenance of stormwater control structures. The schedule shall include a legal agreement for maintenance responsibility between the local government and property owner. No final plat approval or building occupancy permit shall be issued until a fully executed maintenance agreement has been executed and accepted by the county. Inspections can include, but are not limited to:

1.

Initial review of stormwater management plan which must occur prior to issuance of development permit or building permit.

2.

Inspection prior to burial of any underground drainage structure.

3.

Erosion and sedimentation inspections as required on the approved project soil erosion and sedimentation control plan and the county soil erosion and sedimentation control ordinance.

4.

A final inspection when all work, including installation of drainage facilities, has been completed.

5.

Inspection prior to final subdivision plat approval for acceptance of public improvements (streets, stormwater management and drainage facilities).

6.

Subsequent inspections, measurements, and enforcement actions as necessary to ensure continued functioning of the facilities for stormwater management and watershed protection.

d.

A development may participate in a regional wet detention pond program which has been established by one or more public or private entities subject to the following conditions:

1.

Runoff from the development drains into a regional stormwater management control facility approved by the county.

2.

An agreement between the county and the landowner has been executed which guarantees stormwater arrangement of the property and the detention pond.

3.

Construction of a regional detention pond meets or exceeds the design requirements of the Georgia Stormwater Management Manual, latest edition.

e.

A development may provide an alternative method for stormwater control other than a wet detention pond provided that it is in compliance with the Georgia Stormwater Management Manual, latest edition, and design criteria for pollutant removal equivalent to those associated with wet detention ponds included in the Georgia Stormwater Management Manual, latest edition.

New facilities located within seven miles of a water supply intake that handle hazardous materials of the types and amounts 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, the requirements of the Standard Fire Prevention Code, and local fire code requirements. Such spill and leak collections systems shall be shown on the site plan in detail and must be approved, as part of the site plan, by the enforcer.

All developments and land-disturbing activity within the Towaliga River Watershed District shall comply fully with the soil erosion and sedimentation control ordinance of the county.

(a)

Sanitary landfills without synthetic liners and leachate collection systems. New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

(b)

New hazardous waste treatment facilities.

These regulations, and maps incorporated herein, may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

Assessors and boards of assessors shall consider requirements of these regulations in determining the fair market value of land.

In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Butts County and surrounding communities, it is essential that the quality of public drinking water be ensured. For this reason, it is necessary to protect the subsurface water resources that Butts County and surrounding communities rely on as sources of public water.

Groundwater resources are contained within underground reservoirs known as aquifers. These aquifers are zones of rock beneath the earth's surface capable of containing or producing water from a well. They occupy vast regions of the subsurface and are replenished by infiltration of surface water runoff in zones of the surface known as groundwater recharge areas. Groundwater is susceptible to contamination when unrestricted development occurs within significant groundwater recharge areas. It is, therefore, necessary to manage land use within groundwater recharge areas in order to ensure that pollution threats are minimized.

The Groundwater Recharge Area Protection (GRAP) District is hereby established which shall correspond to all lands within the jurisdiction of Butts County, Georgia, that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition. Said map is hereby adopted and made a part of this ordinance.

Determination of pollution susceptibility: Each recharge area shall be determined to have a pollution susceptibility of high, medium, or low based on the Groundwater Pollution Susceptibility Map, Hydrologic Atlas 20, 1992 edition. Said map is hereby adopted and made a part of this ordinance.

(a)

No construction may proceed on a building or manufactured home to be served by a septic tank unless the Butts County Health Department first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resource for On-Site Sewage Management Manual (hereinafter DHR Manual), and sections (b) and (c) below.

(b)

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 DHR Table MT-1 may be increased further based on consideration of other factors (set forth in Sections 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; or

(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.

(c)

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 MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in DHR Table MT-2 may be increased further based on consideration of other factors (set forth in Sections 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; or

(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.

(d)

New agricultural waste impoundment sites shall be lined if they are within a high pollution susceptibility area; a medium pollution susceptibility area and exceed 15 acre-feet; or a low pollution susceptibility area and exceed 50 acre-feet. 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 Resource and Conservation Service.

(e)

New 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.

(f)

New facilities that 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 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 and local fire code requirements.

(g)

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

Any lot of record approved prior to the adoption of this ordinance is exempt from the minimum lot size requirements contained in sections 3.04.03(b) and 3.04.03(c) of this ordinance.

(a)

Site plans. Application for a local development permit within the Butts County Groundwater Recharge Area Protection District shall include a site plan, drawn at a scale of one inch equals 50 feet, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, and cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale, and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any Groundwater Recharge Area Protection District boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions, and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet and no greater than one foot for slopes less than or equal to two percent.

(6)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(7)

All proposed temporary disruptions or diversions of local hydrology.

(b)

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 within the development, alter the overall density of the development, or result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed can be amended only with the approval of the zoning administrator. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions, are exempted from this requirement.

(c)

Exemptions to site plan requirements. The following activities and developments are exempt from the requirement for detailed site plans:

(1)

Single-family detached homes constructed within a subdivision of fewer than five parcels.

(2)

Repairs to a facility that is part of a previously approved and permitted development.

(3)

Construction of minor structures, such as sheds or additions to single-family residences.

(d)

Review procedures. The application shall be made to the zoning administrator and will be reviewed within 15 days. At the time of the application, the applicant shall pay a filing fee as specified by Butts County. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation, and Butts County Groundwater Recharge Area Protection District boundary determinations, as deemed necessary by the zoning administrator. The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the zoning administrator. The applicant will receive written notification of the findings of the zoning administrator. Decisions of the zoning administrator may be appealed to the Butts County board of appeals.

(e)

Duration of permit validity.

(1)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(2)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(3)

Written notice of pending expiration of the development permit shall be issued by the zoning administrator.

(f)

Suspension, revocation. The zoning administrator may suspend or revoke a permit if s/he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

(a)

Jurisdiction. All final decisions of the Butts County board of appeals concerning denial, approval or conditional approval of a permit shall be reviewable in the Butts County Superior Court.

(b)

Alternative actions. Based on these proceedings and the decision of the Butts County Superior Court, the Butts County board of commissioners or its designee may elect to:

(1)

Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land; or

(2)

Institute other appropriate actions ordered by the court that fall within the jurisdiction of the Butts County board of commissioners.

These regulations, and maps incorporated herein, may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

Assessors and boards of assessors shall consider requirements of these regulations in determining the fair market value of land.

The streams and rivers of Butts County supply much of the water required by Butts County citizens for drinking and other municipal and industrial uses. The quality of the groundwater that is used for drinking, agricultural and industrial purposes in Butts County is connected with the quality of the surface water in the streams and rivers of Butts County. Furthermore, the people of Butts County use the surface waters for fishing, canoeing, and other recreational and economic purposes. The Butts County board of commissioners finds that the protection of the streams and rivers of Butts County is vital to the health, safety and economic welfare of its citizens.

It is therefore the intent of this ordinance to establish a new riparian buffer zone of restricted development and limited land use adjacent to all perennial streams and rivers in Butts County. The purposes of the riparian buffer zone are: to protect public and private water supplies, to trap sediment and other pollutants in surface runoff, to promote bank stabilization, to protect riparian wetlands, to minimize the impact of floods, to prevent decreases in base flow, to protect wildlife habitat, and to generally maintain water quality.

The standards and regulations set forth in this ordinance are created under the authority of Butts County's home rule and zoning powers defined in the Georgia Constitution (Article DC, Section 2). In the event of a conflict between or among any provisions of this ordinance, or any other ordinances of Butts County, the requirement that is most restrictive and protective of water quality shall apply.

This section shall be known as "The Riparian Buffer Zone Requirements of Butts County" and may be referred to generally as "riparian buffer requirements."

(a)

The Riparian Buffer Zone (RBZ) District is an overlay district that encompasses all land within 100 feet on either side of all streams in Butts County, measured as a line extending from the stream bank. The RBZ must be maintained in a naturally vegetated state. Any property or portion thereof that lies within the RBZ is subject to the restrictions of the RBZ as well as any and all zoning restrictions that apply to the tax parcel as a whole.

(b)

The following land uses are prohibited within the protected area:

(1)

Any land-disturbing activity;

(2)

Septic tanks and septic tank drain fields;

(3)

Buildings, accessory structures, and all types of impervious surfaces;

(4)

Hazardous or sanitary waste landfills;

(5)

Receiving areas for toxic or hazardous waste or other contaminants;

(6)

Mining; and

(7)

Stormwater retention and detention facilities, except those built as constructed wetlands that met the approval of the community development department of Butts County.

(a)

The following land uses are excepted from the provisions of section 3.05.03:

(1)

Existing land uses, except as follows:

a.

When the existing land use, or any building or structure involved in that use, is enlarged, increased, or extended to occupy a greater area of land;

b.

When the existing land use, or any building or structure involved in that use, is moved (in whole or in part) to any other portion of the property; or

c.

When the existing land use ceases for a period of more than one year.

(2)

Agricultural production, provided that it is consistent with all state and federal laws, regulations promulgated by the Georgia Department of Agriculture, and Best Management Practices established by the Georgia Soil and Water Conservation Commission.

(3)

Timber harvesting as promulgated by the Georgia Forestry Commission incorporating and complying with best management practices.

(4)

Crossings by transportation facilities and utility lines. However, issuance of permits for such uses or activities is contingent upon the completion of a feasibility study that identifies alternative routing strategies that do not violate the RBZ, as well as a mitigation plan to minimize impacts on the RBZ.

(5)

Temporary stream, stream bank, and vegetation restoration projects, the goal of which is to restore the stream or RBZ to an ecologically healthy state.

(6)

Structures which, by their nature, cannot be located anywhere except within the RBZ. These include docks, boat launches, public water supply intake structures, facilities for natural water quality treatment and purification, and public wastewater treatment plant sewer lines and outfalls.

(7)

Wildlife and fishery management activities consistent with the purposes of O.C.G.A. § 12-2-8 (as amended).

(8)

Construction of a single-family residence, including the usual appurtenances, provided that:

a.

Based on the size, shape or topography of the property, as of the effective date of this ordinance, it is not reasonably possible to construct a single-family dwelling without encroaching upon the RBZ;

b.

The dwelling conforms with all other zoning regulations;

c.

The dwelling is located on a tract of land containing at least two acres. For purposes of these standards, the size of the tract of land shall not include any area that lies within the protected river or stream; and

d.

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

(9)

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

(b)

Notwithstanding the above, all excepted uses, structures or activities shall comply with the requirements of the Erosion and Sedimentation Act of 1975 (as amended) and all applicable Best Management Practices and shall not diminish water quality as defined by the Clean Water Act. All excepted uses shall be located as far from the stream bank as reasonably possible.

The wetlands in Butts County 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 well-being 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. Piecemeal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

The Georgia Department of Natural Resources and the Georgia Department of Community Affairs have determined that each local government with classified wetlands located in its jurisdiction must adopt a wetlands protection ordinance under the requirements of House Bill 215, Georgia's 1989 Growth Strategies Legislation and the rules promulgated thereunder.

It is therefore necessary for Butts County, Georgia, to ensure maximum protection for wetlands by discouraging development activities in wetlands that may adversely affect wetlands.

The purpose of this ordinance is to promote wetlands protection while taking into account varying ecological, economic development and 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. The objective of this article is to protect wetlands from alterations which will significantly affect or reduce their primary functions for water quality, flood plain and erosion control, ground water recharge, aesthetic nature, and wildlife areas and to comply with the requirements of state law related to wetland protection.

The Wetlands Protection (WP) District is hereby established which shall correspond to all lands within the jurisdiction of Butts County, Georgia, that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Map. 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 necessarily represent the boundaries of jurisdictional wetlands within Butts County 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.

Requirement for local permit or permission. No regulated activity will be permitted within the Wetlands Protection District without written permission or a permit from Butts County. If the area proposed for development is located within 50 feet of a 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 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. For purposes of this section, 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 3.06.04 of this article and exempted in Section 404 of the Federal Clean Water Act.

The following uses shall be allowed as of right within the Wetlands Protection District to the extent that they are not 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)

Operations conducted during normal silvicultural activities, including minor dredge and fill associated with road construction, harvesting, and reforestation practices provided they meet the performance standards and road construction best management practices required under Section 404 of the Clean Water Act.

(b)

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.

(c)

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

(d)

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.

(e)

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

(f)

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.

(g)

Education, scientific research, and nature trails.

(h)

Temporary emergency permit. A temporary emergency permit can be issued by the county or its designee for the following reasons:

(1)

Maintenance or repair of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone, telegraph, telecommunication or other services, provided that such roads, structures, or facilities are not materially changed or enlarged and that, prior to the commencement of work, written notice has been given to the county or its designee and provided that the work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment will be minimized.

(2)

Temporary water level stabilization measures associated with silvicultural operations, provided that they are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.

(3)

Limited ditching, tilling, dredging, excavating, or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration, or loss of wetlands not previously subject to agricultural and silvicultural use under the terms and provisions of this section.

(4)

Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boathouses, or other similar water-related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland.

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

(a)

Receiving areas for toxic or hazardous waste or other contaminants; or

(b)

Hazardous or sanitary waste landfills.

(a)

Site plans. Application for a local development permit within Butts County shall include a site plan, drawn at a scale of one inch equals 50 feet, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, and cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale, and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions, and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet and no greater than one foot for slopes less than or equal to two percent.

(6)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(7)

All proposed temporary disruptions or diversions of local hydrology.

(b)

Activities to comply with site plan. All development activities or site work conducted after approval of the site plan shall conform to 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 within the development, alter the overall density of the development, or result in a considerable increase in the amount of excavation, fill, or removal of the overall appearance of the development as proposed can be amended only with the approval of the zoning administrator. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions, are exempted from this requirement.

(c)

Exemptions to site plan requirements. The following activities and developments are exempt from the requirement for detailed site plans:

(1)

Single-family detached homes constructed within a subdivision of fewer than five parcels.

(2)

Repairs to a facility that is part of a previously approved and permitted development.

(3)

Construction of minor structures, such as sheds or additions to single-family residences.

(d)

Review procedures. The application shall be made to the zoning administrator and will be reviewed within 30 days. At the time of the application, the applicant shall pay a filing fee as specified by the Butts County fee schedule. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation, and wetland boundary determinations, as deemed necessary by the zoning administrator. The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the zoning administrator. The applicant will receive written notification of the findings of the zoning administrator. Decisions of the zoning administrator may be appealed to the Butts County board of appeals.

(e)

Duration of permit validity.

(1)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(2)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(3)

Written notice of pending expiration of the development permit shall be issued by the zoning administrator.

(f)

Suspension, revocation. The zoning administrator may suspend or revoke a permit if s/he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

These regulations, and maps incorporated herein, may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

Assessors and boards of assessors shall consider requirements of these regulations in determining the fair market value of land.

(a)

Title of article. This article shall be known as the Aquifer Recharge Area Protection Ordinance of Butts County, Georgia.

(b)

Findings of fact. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within the county and surrounding communities, it is essential that the quality of public drinking water be ensured. For this reason, it is necessary to protect the subsurface water resources that Butts County, Georgia, and surrounding communities rely on as sources of public water. Groundwater resources are contained within aquifers, which are permeable, rock strata occupying vast subsurface regions. These aquifers are replenished by infiltration of stormwater runoff in zones of the surface known as aquifer recharge areas.

Aquifers are susceptible to contamination when unrestricted development occurs within significant aquifer recharge areas. It is, therefore, necessary to manage land use within aquifer recharge zones in order to ensure that pollution threats are minimized.

(c)

Adoption of aquifer recharge protection ordinance. The Georgia Department of Natural Resources and the Georgia Department of Community Affairs have determined that each local government with "significant groundwater recharge areas" (identified on the Ground Water Pollution Susceptibility Map of Georgia Hydrologic Atlas #20) must adopt an aquifer recharge protection ordinance under the requirements of House Bill 215, Georgia's 1989 Growth Strategies Legislation and the rules promulgated thereunder.

(d)

Objectives. The objectives of this article are to:

(1)

Protect groundwater by prohibiting land uses that generate dangerous pollutants in recharge areas;

(2)

Protect groundwater by limiting density of development;

(3)

Protect groundwater by reducing adverse effects on groundwater from the development that occurs within the recharge area; and

(4)

Comply with the requirements of the Georgia 1989 Growth Strategies Legislation.

An aquifer recharge area district is hereby established which shall correspond to all lands within the jurisdiction of Butts County, Georgia, that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 Edition) and are indicated as "most significant groundwater recharge areas" on the Groundwater Pollution Susceptibility Map of Georgia.

Each recharge area shall be determined to have a pollution susceptibility of high, medium, or low based on the Groundwater Pollution Susceptibility Map of Georgia. Said map is hereby adopted and made a part of this article.

No building permit, rezoning request, or subdivision plan may be approved by Butts County or its designee unless the permit, request or plan is in compliance with the aquifer protection standards listed in section 3.07.05.

(a)

Enforcement. Butts County or its designee, its agent, officers, and employees shall have authority to enter upon privately-owned land for the purpose of performing their duties under this article and may take or cause to be made such examination, surveys, or sampling as Butts County or its designee deems necessary.

(1)

The Butts County zoning and planning department and the Butts County building inspector are hereby designated respectively as the administrator and enforcement officer for this article.

(2)

The County building inspector shall have authority to enforce this article; issue permits thereunder; and address violations or threatened violations thereof by issuance of violation notices, administrative orders, and civil and criminal actions. All costs, fees, and expenses in connection with such actions may be recovered as damages against the violator.

(3)

Law enforcement officials or other officials having police powers shall have authority to assist the county building inspector in enforcement.

(4)

Any person who commits, takes part in, or assists in any violation of any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Each violation of this act shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense.

(5)

The county building inspector shall have the authority to issue cease and desist orders in the event of any violation of this article. Cease and desist orders may be appealed to a court of competent jurisdiction, as identified in section 3.07.06.

(6)

When a building or other structure has been constructed in violation of this article, the violator shall be required to remove the structure or bring said structure into compliance with this article.

(7)

When removal of vegetative cover, excavation or fill has taken place in violation of this article, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable.

(b)

Permit review and site plan requirement. Applications for a development permit within the aquifer recharge area district shall include a site plan, with the exception of certain exempted activities identified in subsection (c) of this section. The following information is required for all site plans:

(1)

A map shall be drawn to a scale of one inch equals 50 feet or other appropriate scale as determined by the county, showing all planned improvements including the width, depth, and length of all existing and proposed structures, roads, water courses, and drainage ways; water, waste water, and storm water facilities; and utility installations.

(2)

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site.

(3)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(4)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet.

(5)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(6)

Calculations of the amount of cut and fill proposed and cross-section drawings showing existing and proposed grades in areas of fill or excavation. Elevations, horizontal scale, and vertical scale must be shown on cross-sectional drawings.

(7)

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 within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction, or otherwise result in an alteration of the overall appearance of the development proposed, can be amended only with the approval of the county. Minor changes, such as realignment of other infrastructure to meet unexpected conditions, are exempted from this requirement.

(c)

Exemptions to site plan requirements. The following activities and developments are exempt from the requirement for detailed site plans:

(1)

Single-family detached homes constructed within a subdivision of fewer than five parcels.

(2)

Repairs to a facility that is part of a previously approved and permitted development.

(3)

Construction of minor structures, such as sheds, or additions to single-family residences.

(d)

Review procedures. The application shall be made to the county zoning administrator and will be reviewed within 60 days or in accordance with established review procedures for the type of development being constructed, whichever is greater. The review period shall include the preparation of findings (approval or disapproval) by the county zoning administrator. The applicant may request written notification of the findings of the county zoning administrator. If the review process is not completed within 60 days or in accordance with established review procedures for the type of development being considered, whichever is greater, the application is considered to be approved for the purposes of this article. Decisions of the county zoning administrator may be appealed to the Butts County board of appeals.

(e)

Duration of permit validity.

(1)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(2)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(3)

Written notice of pending expiration of the development permit shall be issued by the zoning administrator or designee.

(a)

For all pollution susceptibility areas, new solid waste disposal facilities must have synthetic liners and leachate collection systems.

(b)

New agricultural waste impoundments shall meet the following requirement: For areas of low susceptibility, a SCS approved liner shall be provided if the site exceeds 50 acre-feet.

(c)

No land disposal of hazardous waste shall be permitted within any significant aquifer recharge area.

(d)

For all significant aquifer recharge areas, the handling, storage, and disposal of hazardous materials must take place on an impermeable surface having spill and leak protection approved by the Georgia Department of Natural Resources, Environmental Protection Division (EPD).

(e)

For all significant aquifer recharge areas, new aboveground chemical or petroleum storage tanks larger than 650 gallons must have secondary containment for 110 percent of tank volume or 110 percent of the largest tanks in a cluster of tanks.

(a)

Jurisdiction. All final decisions of the county board of appeals concerning denial, approval, or conditional approval of a permit shall be reviewable in the Butts County Superior Court pursuant to chapter 10.

(b)

Alternative actions. Based on these proceedings and the decision of the court, the county may, within the time specified by the court, elect to:

(1)

Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land; or

(2)

Institute other appropriate actions ordered by the court that fall within the jurisdiction of the county.

These regulations may, from time to time, be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land.

This article will be known as "The Butts County Soil Erosion, Sedimentation and Pollution Control Ordinance."

The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:

Best management practices (BMPs) means 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.

Buffer means, for purposes of this chapter, 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 means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Commission means, for purposes of this chapter, the Georgia Soil and Water Conservation Commission (GSWCC).

Design professional means 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 means, for purposes of this chapter, the director of the Environmental Protection Division or an authorized representative.

District means, for purposes of this chapter, the Towaliga Soil and Water Conservation District.

Division means, for purposes of this chapter, the Environmental Protection Division (EPD) of the Department of Natural Resources.

Erosion, sedimentation and pollution control plan means a plan required by the Erosion and Sedimentation Act, O.C.G.A. Ch. 12-7, that includes, at a minimum, protections at least as stringent as the state general permit, best management practices, and requirements in section 3.08.04(c).

Final stabilization means all soil-disturbing activities at the site have been completed and 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.

Local issuing authority means the governing authority of any county or municipality which is certified pursuant to subsection O.C.G.A. § 12-7-8(a).

Nephelometric turbidity units (NTU) means 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.

Operator means, for purposes of this chapter, the party or parties that have:

(1)

Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or

(2)

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.

Properly designed means 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 notice of intent submittal.

Roadway drainage structure means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

State general permit means the National Pollution Discharge Elimination System (NPDES) general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., O.C.G.A. § 12-5-30(f).

Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

This article 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 O.C.G.A. § 12-7-6(b) 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 aquaculture, 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 3.08.04(c), 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 (a), (b), (c), (d), (e), (f), (g), (i) or (j) 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.

(a)

General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of this article and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. 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 3.08.04(b) and (c). 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 3.08.04(b) and (c) 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 O.C.G.A. § 12-5-30(f), 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(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 O.C.G.A. § 12-5-30(f), 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 O.C.G.A. § 12-5-30(f), 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 of natural resources, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

(5)

The local issuing authority may set more stringent buffer requirements than stated in section 3.08.04(c)(15) and (16), 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 3.08.04(b)(2);

(15)

Except as provided in paragraph (16) 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 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:

1.

Stream crossings for water lines; or

2.

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 of Natural Resources, 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:

1.

Stream crossings for water lines; or

2.

Stream crossings for sewer lines.

(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 3.08.04(b) and (c).

(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 article or the terms of the permit.

(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, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this article, 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 the county without first obtaining a permit from the Butts County community development department 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 Butts County community development department 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 3.08.05(c). 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 3.08.04(b) and (c) will be met. Applications for a permit will not be accepted unless accompanied by two 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 O.C.G.A. § 12-7-8(a), 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 O.C.G.A. § 12-7-17(9) or (10) 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 3.08.04(c)(15) and (16) have been obtained, all fees have been paid, and bonding, if required as per section 3.08.05(b)(6), has 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 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 authority with respect to alleged permit violations.

(c)

Plan requirements.

(1)

Plans must be prepared to meet the minimum requirements as contained in section 3.08.04(b) and (c), 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 article. 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 storm water management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. 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 article, any variances required by section 3.08.04(c)(15) and (16) are obtained, bonding requirements, if necessary, as per section 3.08.05(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 article. 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 local issuing authority 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).

(7)

No permit shall be issued unless the applicant provides a statement by the tax commissioner's office certifying that all ad valorem taxes levied against the property and due and owing have been paid.

(a)

The Butts County community development department 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. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. 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 article, 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 article.

(b)

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.

(c)

The Butts County community development department shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this article, 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.

(d)

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.

(e)

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.

(f)

The division may periodically 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). 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.

(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 article 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 article, 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 3.08.05(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. Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any city charter to the contrary, municipal courts shall be authorized to impose a 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 article under county ordinances approved under this article 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.

(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 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 O.C.G.A. § 12-7-19(b)(1), 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 O.C.G.A § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

(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; 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 appeals within 30 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 to the Superior Court of Butts County.

(a)

Validity. If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this article.

(b)

Liability.

(1)

Neither the approval of a plan under the provisions of this article nor the compliance with provisions of this article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the local issuing authority or district for damage to any person or property.

(2)

The fact that a 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.

(3)

No provision of this article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the state as defined thereby.

The purpose of this section is to provide for the protection, conservation, and replacement of trees and landscaping in order to improve the urbanized and natural environment of Butts County. It is the policy of Butts County to minimize the removal of trees on development sites and, upon proper site completion, achieve replacement of trees by uniform standards set forth in this section.

(a)

The terms and provisions of this section and the standards set forth shall apply to:

(1)

Individuals engaged in any activity, private and/or governmental, on real property which requires the issuance of a land disturbance permit within the county.

(2)

Individuals engaged in the building and/or development of single-family homes or subdivisions, multifamily and manufactured home developments, and all nonresidential uses.

(3)

Owners of individual properties more than five acres in size and which are not part of a platted subdivision.

(b)

Nothing in this section shall be construed to allow the removal of any tree or vegetation in a required stream buffer, watershed buffer, buffer adjacent to waters of the state, or other undisturbed or planted buffer located for protection of natural resources, except where such removal has been specifically authorized as set forth in this UDO.

(a)

Land that is used for silviculture shall comply with the requirements of subsection 3.09.03(b) or subsection 3.09.03(c), below.

(b)

Land that is declared silviculture shall be exempt from the requirements for tree protection provided that the following conditions are met:

(1)

A certificate from the tax assessor indicating agricultural preference;

(2)

A forest management plan, demonstrating compliance with the erosion control standards set forth in section 3.08.00; and

(3)

A commitment to follow the Georgia Forestry Commission's "Best Management Practices" as set forth in paragraph (e), below.

(c)

Land that has been designated silviculture may subsequently be developed, provided that a development plan has been prepared and approved by the zoning administrator prior to any clearing, grading, clear-cutting, or other land disturbance. The purpose of the development plan is to ensure that cutting or harvesting of trees occurs in such a manner as to avoid the practice called "clear-cutting" prior to any subsequent development.

(d)

Prior to clearing, harvesting, or cutting trees, or any grading or land disturbance, a combined timbering and logging permit shall be obtained from the county. The development plan shall include a forest management plan for the timberlands site. The management plan shall demonstrate compliance with erosion control standards set forth in section 3.08.00, protection of soil and water resources, and compliance with best management practices.

(e)

Georgia Forestry Commission's "Best Management Practices" (BMPs) include, but are not limited to:

(1)

Analyze and plan site preparation, taking into account all aspects of streamside management zones.

(2)

Avoid the cutting of roads or trails unless absolutely necessary. If roads/trails are necessary, do not locate them on ridge-tops and avoid use of soft roads/trails during wet ground conditions.

(3)

Avoid harrowing, root raking, or bulldozing.

(4)

When forestry activities are completed for a particular period of time, temporary access roads shall be retired. This includes reshaping, mulching, and seeding, in combination with water bars.

(5)

Leave logging debris on exposed soil, dry washes, and at points of concentrated drainage from skid trails and road. Do not pile debris in live or wet-weather streams.

(6)

Do not service logging equipment where it will have an impact on soil or water quality.

(7)

Skidding on steep slopes shall be done on a gradual grade rather than straight up the slope, and skidding shall be alternated between several skidding trails to minimize soil exposure and disturbance.

(f)

In addition to the BMPs set forth above and by the Georgia Forestry Commission, the property owner shall not conduct any other land-disturbing activities for a period of three years after the completion of such forestry practices.

The following situations are exempt from the provisions of section 3.09.00:

(a)

Individual homeowners within platted subdivisions. The exemption does not include an exemption from requirements for protective buffers along streams, creeks, and reservoirs.

(b)

All properties for which a covenant has been established with the Butts County board of tax assessors, pursuant to O.C.G.A. §§ 48-5-7.1 and 48-5-7.4, shall be exempt from the terms of this section so long as such covenant has not been breached and/or remains in effect.

(c)

The following situations within all residential districts shall also be exempted:

(1)

Where the addition to a principal structure will constitute structural and exterior changes to the home.

(2)

Where the construction of an accessory structure(s) and/or uses including, but not limited to, swimming pools and tennis courts, is permitted, including an accessory residential living facility (a.k.a. guest quarters).

(3)

The removal of diseased, deceased, infested or dying trees, or living pine trees or other trees which may pose a danger to an existing or proposed home, or other structure.

(4)

Mass grading is allowed for lots 10,890 square feet or smaller.

(a)

The mass grading and/or clear-cutting of properties and/or parcels of land which are five acres in size or greater for residential development is strictly prohibited, except as noted in subsection 3.09.04(c). As to each such development, only so much land area shall be cleared as is necessary for the development and construction of roadways, utilities, and amenity areas (i.e., parking lots for clubhouses, pool areas, tennis courts, etc.).

(b)

Mass grading and clear-cutting of any lot in a residential subdivision are prohibited, except as noted in subsection 3.09.04(c). On such lots, land area shall be cleared only as is necessary for purposes of the proper development of said lot. Clearing shall be limited to the specific development and an area not to exceed ten feet from the specific development, including areas for:

(1)

The placement of the individual home;

(2)

The placement of driveways and sidewalks;

(3)

The placement of utilities and detention ponds;

(4)

The placement of septic systems;

(5)

The placement of roads;

(6)

The placement of decks and patios; and

(7)

Proper drainage as required by the county.

(c)

Developers and builders shall coordinate the location of all utilities with all utility companies in order to prevent root damage within the critical root zones of protected trees, so as to minimize damage to trees in the protected zones.

(d)

Topographical difficulties and/or the installation of utilities shall be considered at the time of the development of a residential subdivision or parcel. Each parcel of land shall be considered on a case-by-case basis as to the removal of trees where topography and/or utility installation is a factor. Special consideration should be given to maintaining the natural topography of the land when possible, and to applying existing trees to the development of a site. The zoning administrator shall have final approval of the site. Failure to follow the approved development plan shall result in denial of the issuance of a certificate of occupancy.

(e)

Unnecessary removal of trees or other vegetation shall be prohibited. The planting of grass or other ground covers shall not supersede the requirement for trees as indicated by each zoning district.

(f)

Efforts should be taken to preserve existing trees, especially those trees which are eight inches dbh or larger and which are of a considerable age but not dying or diseased. The preservation of large specimen trees is encouraged.

(g)

It is desirable that planted trees be ecologically compatible with the site and neighborhood.

(h)

Replacement trees shall be planted in a manner that will provide adequate space for nourishment, light, and maturation.

Methods and standards for tree protection shall be required as follows:

(a)

Trees identified to be preserved and/or planted, and being counted as credit for meeting the requirements of section 3.09.00, shall have a valid, recognizable method of tree-protection (tree-save) marking or delineation installed at the critical root zones.

(b)

No person engaged in the construction of any structure(s) or improvement(s) shall encroach on a designated tree-save/critical root zone area with heavy machinery or the storage of heavy building materials.

(c)

During construction, a tree-save area must be designated around any trees that are to remain at the end of construction. Desirable trees should be identified and a physical barrier set up around the tree or group of trees. This barrier can consist of a four-foot high orange safety fence, wide plastic caution tape, a simple fence made of lumber, or other appropriate methods that can identify the noninvasive drip line area.

(d)

The barrier should be placed beyond the drip zone (critical root zone) and should prevent the stockpiling of soil or building materials, dumping cleaning solvents, or parking vehicles or equipment within this barricaded area.