The provisions set forth in chapter 107 are intended to protect the natural features and natural resources within the City of Canton, and to implement policies in the City of Canton Comprehensive Plan. The natural features and natural resources included in chapter 107 are streams, floodplain areas, the Etowah River, groundwater recharge areas, water supply watersheds, wetlands, hillsides and ridgelines, sediment control, and open space.

(Ord. No. 2014-18, § 2, 8-21-2014)

The city council finds that buffers adjacent to streams provide numerous benefits including:

A.

Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources;

B.

Removing pollutants delivered in urban stormwater;

C.

Reducing erosion and controlling sedimentation;

D.

Protecting and stabilizing stream banks;

E.

Providing for infiltration of stormwater runoff;

F.

Maintaining base flow of streams;

G.

Contributing organic matter that is a source of food and energy for the aquatic ecosystem;

H.

Providing tree canopy to shade streams and promote desirable aquatic habitat;

I.

Providing riparian wildlife habitat;

J.

Furnishing scenic value and recreational opportunity; and

K.

Providing opportunities for the protection and restoration of green space.

L.

storing water and maintaining groundwater levels and maintain stream base flow during low flow periods.

(Ord. No. 2014-18, § 2, 8-21-2014)

It is the purpose of this section to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

A.

Create buffer zones along the streams of the city for the protection of water resources; and

B.

Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

This section shall apply to all land development activity on property containing a stream protection area, defined as the combined areas of all required buffers and setbacks applicable to such stream.

2)

These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.

3)

This section is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this section should be considered minimum requirements, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

B.

Grandfather provisions. This section shall not apply to the following activities:

1)

Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this UDC.

2)

Existing development and on-going land disturbance activities including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.

3)

Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this UDC.

4)

Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two years of the effective date of this UDC.

C.

Exemptions. The following specific activities are exempt from this section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property:

1)

Activities for the purpose of building or maintaining one of the following:

a.

A stream crossing by a driveway, transportation route or utility line;

b.

Public water supply intake or public wastewater outfall structures;

c.

Intrusions necessary to provide access to a property;

d.

Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

e.

Unpaved foot trails and paths;

f.

Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

2)

Public sewer and water line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in subsection 1) above.

3)

Land development activities within a right-of-way existing at the time this section takes effect or approved under the terms of this section.

4)

Within an easement of any utility existing at the time this UDC takes effect or approved under the terms of this section, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

5)

Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the review and permitting authority on the next business day after commencement of the work. Within ten days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the review and permitting authority to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

6)

Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land-disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer.

a.

After the effective date of this UDC, it shall apply to new subdividing and platting activities.

b.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to section 107.02.04.B below.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Buffer and setback requirements. All land development activity subject to this section shall meet the following requirements:

1)

An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.

2)

An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback. Slopes shall not be steeper than a three to one (3:1) ratio, horizontal to vertical.

3)

No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

B.

Variance procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

1)

Where a parcel was platted prior to April 7, 2005 and its shape, topography or other existing physical condition prevents land development consistent with this section, the board of zoning appeals may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel.

2)

Except as provided above, the board of zoning appeals shall grant no variance from any provision of this section without first conducting a public hearing on the application for variance in accordance with the public hearings section in chapter 105 of this UDC and authorizing the granting of the variance by an affirmative vote of the BZA.

3)

Variances will be considered only in the following cases:

a.

When a property's shape, topography or other physical conditions existing at the time of the adoption of this UDC prevents land development unless a buffer variance is granted.

b.

Unusual circumstances when strict adherence to the minimal buffer requirements in this section would create an extreme hardship.

4)

Variances will not be considered when, following adoption of this UDC, actions of any property owner of a given property have created conditions of a hardship on that property.

5)

At a minimum, a variance request shall include the following information:

a.

A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;

b.

A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

c.

A detailed site plan that shows the locations of all existing and proposed structures, improvements and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

d.

Documentation of unusual hardship should the buffer be maintained;

e.

At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

f.

A calculation of the total area and length of the proposed intrusion;

g.

A stormwater management site plan, if applicable; and

h.

Proposed mitigation for the intrusion.

6)

The following factors will be considered in determining whether to issue a variance:

a.

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

b.

The locations of all streams on the property, including along property boundaries;

c.

The location and extent of the proposed buffer or setback intrusion; and

d.

Whether alternative designs are possible which require less intrusion or no intrusion;

e.

The long term and construction water-quality impacts of the proposed variance;

f.

Whether issuance of the variance is at least as protective of natural resources and the environment.

C.

Information requirements for proposed development.

1)

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

a.

A site plan showing:

i.

The location of all streams on the property;

ii.

Limits of required stream buffers and setbacks on the property;

iii.

Buffer zone topography with contour lines at no greater than two-foot contour intervals;

iv.

Delineation of forested and open areas in the buffer zone; and

v.

Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;

b.

A description of all proposed land development within the buffer and setback; and

c.

Any other documentation that the review and permitting authority may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process.

2)

All buffer and setback areas must be delineated on all prepared plans and plats of the property following plan approval.

D.

Responsibility. Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or employees, for injury or damage to persons or property.

E.

Inspection.

1)

The review and permitting authority may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work.

2)

The permittee shall assist the review and permitting authority in making such inspections.

3)

The city shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

4)

No person shall refuse entry or access to any authorized representative or agent who requests entry for 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 official duties.

F.

Violations, enforcement and penalties. Any action or inaction which violates the provisions of this section or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

1)

Notice of violation.

a.

If the review and permitting authority determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this section, it shall issue a written notice of violation to such applicant or other responsible person.

b.

Where a person is engaged in activity covered by this section without having first secured the appropriate permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site, and shall result in an immediate stop work order.

c.

The notice of violation shall contain:

i.

The name and address of the owner or the applicant or the responsible person;

ii.

The address or other description of the site upon which the violation is occurring;

iii.

A statement specifying the nature of the violation;

iv.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this UDC and the date for the completion of such remedial action;

v.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

vi.

A statement that the determination of violation may be appealed to the review and permitting authority by filing a written notice of appeal within 30 days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient).

2)

Penalties.

a.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

b.

Before taking any of the following actions or imposing any of the following penalties, the review and permitting authority shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation.

c.

In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the review and permitting authority may take any one or more of the following actions or impose any one or more of the following penalties.

i.

Stop work order. The review and permitting authority may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

ii.

Withhold certificate of occupancy. The review and permitting authority may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

iii.

Suspension, revocation or modification of permit. The review and permitting authority may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the review and permitting authority may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

iv.

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days (or such greater period as the review and permitting authority shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the review and permitting authority has taken one or more of the actions described above, the review and permitting authority may impose a financial penalty in an amount permitted by municipal charter or state law for each day the violation remains unremedied after receipt of the notice of violation.

v.

Criminal penalties. For intentional and flagrant violations of this section, the review and permitting authority may issue a citation to the applicant or other responsible person, requiring such person to appear in the appropriate municipal, magistrate or recorders court to answer charges for such violation. Upon conviction, such person shall be punished as permitted by municipal charter or state law. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

G.

Administrative appeal and judicial review. Any person aggrieved by a decision or order of the community development department shall follow the procedures in the appeals section of chapter 105 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

It is determined that:

A.

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

B.

Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas.

C.

Effective floodplain management and flood hazard protection activities can:

1)

Protect human life and health;

2)

Minimize damage to private property;

3)

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

4)

Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public.

C.

Article IX, section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city does ordain this article and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property.

(Ord. No. 2019-1121-03, 11-21-2019)

The purpose of this section is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation and ecological and environmental protection 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 flooding 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;

E.

Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and

F.

Protect the stormwater management, water quality, stream bank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

Areas of special flood hazard.

1)

This section shall be applicable to all areas of special flood hazard within the city. Areas of special flood hazard are identified by the Federal Emergency Management Agency in its current effective flood insurance study (FIS), as described in the documents adopted by reference section in chapter 101 of this UDC.

2)

No owner or developer shall perform any development activities on a site where an area of special flood hazard is located without first meeting the requirements of this section prior to commencing the proposed activity.

B.

Compatibility with other regulations.

1)

This section shall be applicable to all areas within the city. Areas of special flood hazard are identified by the Federal Emergency Management Agency in its current effective flood insurance study (FIS), as described in the documents adopted by reference section in chapter 101 of this UDC.

2)

The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or impose higher protective standards for human health or the environment shall apply.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

The city engineer is hereby designated the floodplain manager. This designation authorizes the city engineer to administer and implement the provisions of this section.

B.

The duties of the city engineer shall include, but shall not be limited to, the following:

1)

Review all development applications and permits to assure that the requirements of this section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;

2)

Require that copies of all necessary permits from governmental agencies from which approval is required by federal or state law, including, but not limited to, section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, be provided and maintained on file;

3)

When base flood elevation data or floodway data have not been provided, then the floodplain manager shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to meet the provisions of sections 107.03.08 and 107.03.09;

4)

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;

5)

Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been floodproofed;

6)

When floodproofing is utilized for a nonresidential structure, the floodplain manager shall obtain certification of design criteria from a registered professional engineer or architect;

7)

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

8)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain manager shall make the necessary interpretation.

a.

Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.

b.

Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps.

9)

All records pertaining to the provisions of this section shall be maintained in the office of the city engineer and shall be open for public inspection.

10)

Coordinate all FIRM revisions with the GA DNR and FEMA; and

11)

Review variance applications and make recommendations to the board of construction adjustments and appeals.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

In addition to the current effective flood insurance study (FIS), other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100-year floodplain and flood-prone areas include:

1)

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, state or federal agency applicable to the city; or

2)

Any base flood study authored by a registered professional engineer in the state which has been prepared by FEMA approved methodology and approved by the city.

B.

In addition to the current effective FIS, other studies which may be relied upon for the establishment of the future-conditions flood elevation or delineation of the future-conditions floodplain and flood-prone areas include:

1)

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, state or federal agency applicable to the city; or

2)

Any future-conditions flood study authored by a registered professional engineer in the state, which has been prepared by FEMA approved methodology and approved by the city.

C.

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at Canton City Hall.

(Ord. No. 2019-1121-03, 11-21-2019)

The degree of flood protection required by this section 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 manmade or natural causes. This section 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 section shall not create liability on the part of city or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made there under.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

Permit application requirements.

1)

No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this section.

2)

Unless specifically excluded by this section, any landowner or developer desiring a permit for a development activity shall submit to the city a permit application on a form provided by the city for that purpose.

B.

Floodplain management plan requirements. An application for a development project with any area of special flood hazard located on the site will be required to include a floodplain management/flood damage prevention plan. This plan shall include the following items:

1)

Site plan drawn to scale, which includes, but is not limited to:

a.

Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment;

b.

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

c.

Proposed locations of water supply, sanitary sewer, and utilities;

d.

Proposed locations of drainage and stormwater management facilities;

e.

Proposed grading plan;

f.

Base flood elevations and future-conditions flood elevations;

g.

Boundaries of the base flood floodplain and future-conditions floodplain;

h.

If applicable, the location of the floodway; and

i.

Certification of the above by a registered professional engineer or surveyor.

2)

Building and foundation design detail, including, but not limited to:

a.

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

b.

Elevation in relation to mean sea level to which any non-residential structure will be floodproofed;

c.

Certification that any proposed non-residential floodproofed structure meets the criteria in section 107.03.09.B.2;

d.

For enclosures below the base flood elevation, location and total net area of foundation openings as required in section 107.03.09.A.5;

e.

Design plans certified by a registered professional engineer or architect for all proposed structure(s).

3)

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

4)

Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all other computations and other information similar to that presented in the FIS.

5)

Copies of all applicable state and federal permits necessary for proposed development.

6)

All appropriate certifications required under this section.

a.

The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions.

b.

Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

c.

Floodplain management, flood damage prevention plan engineer's certification:

"I certify that this plan was prepared by me or under my direct supervision and that all applicable federal, state, and local codes and ordinances have been met. The proposed improvements shown hereon have been designed to prevent fold damage and any adverse effects to adjacent property owners.

_____      

Ga. Registered Professional Engineer Date"

C.

Construction stage submittal requirements.

1)

For all new construction and substantial improvements on sites which require a floodplain management/flood damage prevention plan, the permit holder shall provide to the floodplain manager a certified as-built elevation certificate or floodproofing certificate for nonresidential construction including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed.

2)

A final elevation certificate shall be provided after completion of construction including final grading of the site.

a.

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.

b.

When floodproofing 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 using the FEMA floodproofing certificate.

3)

The floodplain manager shall review the above referenced certification data submitted.

a.

Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed.

b.

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

4)

Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

Definition of floodplain boundaries.

1)

Studied "A" zones, as identified in the FEMA FIS, shall be used to establish base flood elevations whenever available.

2)

For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations shall be shown on the floodplain management/flood damage prevention plan. If future-conditions elevation data is not available from the city, then it shall be determined by a registered professional engineer using a method approved by FEMA and the city.

B.

Definition of floodway boundaries.

1)

The width of a floodway shall be determined from the FIS or FEMA-approved flood study.

2)

For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be shown on the floodplain management/flood damage prevention plan. If floodway data is not available from the city, then it shall be determined by a registered professional engineer using a method approved by FEMA and the city.

C.

General standards.

1)

No development shall be allowed within the future-conditions floodplain that could result in any of the following:

a.

Raising the base flood elevation or future-conditions flood elevation equal to or greater than 0.01-foot;

b.

Reducing the base flood or future-conditions flood storage capacity;

c.

Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or

d.

Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation.

2)

Any development within the future-conditions floodplain allowed under subsection 1) above shall also meet the following conditions:

a.

Compensation for storage capacity shall:

i.

Occur between the average ground water table elevation and the base flood elevation for the base flood; and

ii.

Occur between the average ground water table elevation and the future-condition flood elevation for the future-conditions flood; and

iii.

Lie either within the boundaries of ownership of the property being developed or within the immediate vicinity of the location of the encroachment.

b.

Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (predevelopment) stream channel unless such excavation results from the widening or relocation of the stream channel.

c.

Cut areas shall be stabilized and graded to a slope of no less than two percent.

d.

Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased.

e.

Verification of no-rise conditions (0.01-foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of subsection D. below.

f.

Public utilities and facilities, such as water (see also chapter 110), sanitary sewer (see also chapter 111), gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from flood waters.

g.

Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable.

i.

The CLOMR submittal shall be subject to approval by the city using the community consent forms before forwarding the submittal package to FEMA for final approval.

ii.

The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant.

iii.

Within six months of the completion of construction, the applicant shall submit to FEMA as-built surveys for a final letter of map revision (LOMR).

D.

Engineering study requirements for floodplain encroachments. An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and/or floodways for which the provisions of section 107.03.09.D apply.

1)

This study shall be prepared by a currently registered professional engineer in the state and made a part of the application for a permit.

2)

This information shall be submitted to and approved by the city prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain.

3)

Such study shall include:

a.

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

b.

Step-backwater analysis, using a FEMA-approved methodology approved by the City.

i.

Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available.

ii.

Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future-conditions flood profiles.

c.

Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future-conditions floodplain storage capacity would not be diminished by the development.

d.

A preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments.

E.

Floodway encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, floodways 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, except for activities specifically allowed in subsection E.2 below.

2)

Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted 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 to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.

3)

If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the city until an affirmative CLOMR is issued by FEMA and no-rise certification is approved by the city.

F.

Maintenance requirements.

1)

The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood-storage capacity is not diminished.

2)

The city may direct the property owner (at no cost to the city) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the city.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

General standards. In all areas of special flood hazard the following provisions shall apply:

1)

New construction of principal buildings (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of subsections 107.03.08.C, D, and E above have been met.

2)

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

3)

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

4)

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

5)

Elevated buildings.

a.

All new construction and 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 and 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.

b.

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

i.

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

ii.

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

iii.

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

c.

So as not to violate the "lowest floor" criteria of this section, the unfinished and flood-resistant enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area.

d.

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

6)

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding.

7)

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.

8)

All proposed development shall include adequate drainage and stormwater management facilities per the requirements of this UDC to reduce exposure to flood hazards.

9)

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

10)

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.

11)

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

12)

Other public utilities such as gas and electric systems shall be located and constructed to avoid impairment to them, or public safety hazards from them, during flooding.

13)

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

14)

If the proposed development is located in multiple flood zones or multiple base flood elevations cross the proposed site, the higher or more restrictive base flood elevation or future-condition elevation and development standards shall take precedence.

15)

When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this section.

16)

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding:

a.

All such proposals shall be consistent with the need to minimize flood damage within the flood-prone area;

b.

All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and

c.

Adequate drainage shall be provided to reduce exposure to flood hazards.

B.

Building standards, future conditions-floodplain. The following provisions, in addition to those in section 107.03.09. A above shall apply to structures and buildings within the future-conditions floodplain:

1)

Residential buildings.

a.

New construction. New construction of principal buildings, including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 107.03.08.C, D, and E above have been met. In addition:

i.

If all of the requirements of subsections 107.03.08.C, D, and E above have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one-foot above the future-conditions flood elevation, whichever is higher.

ii.

Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 107.03.09.A.5.

b.

Substantial improvements. Substantial improvements of principal buildings, including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 107.03.08.C, D, and E above have been met. In addition:

i.

If all of the requirements of subsections 107.03.08.C, D, and E above have been met, all substantial improvements shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one-foot above the future-conditions flood elevation, whichever is higher.

ii.

Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 107.03.09.A.5.

2)

Nonresidential buildings.

a.

New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 107.03.08.C, D, and E above have been met. If all of the requirements of subsections 107.03.08.C, D, and E above have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 107.03.09.A.5. In addition:

i.

New construction that has met all of the requirements of subsections 107.03.08.C, D, and E above may be floodproofed 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, or at least as high as the future-conditions flood elevation, whichever is higher, 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.

ii.

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 floodplain manager using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

b.

Substantial improvements. Substantial improvement of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 107.03.08.C, D, and E above have been met. If all of the requirements of subsections 107.03.08.C, D, and E above have been met, all substantial improvements shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 107.03.09.A.5. In addition:

i.

Substantial improvements that have met all of the requirements of subsections 107.03.08.C, D, and E above may be floodproofed 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, or at least as high as the future-conditions flood elevation, whichever is higher, 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.

ii.

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 floodplain manager using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

3)

Standards for accessory structures and facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar nonhabitable structures and facilities) which are permitted to be located within the limits of the floodplain shall be constructed of flood-resistant materials and designed to pass all floodwater in accordance with subsection 107.03.09A.5 and be anchored to prevent flotation, collapse or lateral movement of the structure.

4)

Standards for recreational vehicles. All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than 180 consecutive days and 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

b.

The recreational vehicle must meet all the requirements for residential buildings—substantial improvements under section 107.03.09 (see subsection B), including the anchoring and elevation requirements.

5)

Standards for manufactured homes.

a.

New and substantially improved manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all requirements of subsections 107.03.08.C, D, and E above have been met. If all of the requirements of subsections 107.03.08.C, D, and E above have been met, all new construction and substantial improvements shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 107.03.09A.5.

b.

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

i.

The lowest floor of the manufactured home is elevated no lower than three feet above the level of the base flood elevation, or one foot above the future-conditions flood elevation, whichever is higher; or

ii.

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

c.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with standards of subsection 107.03.09.A.7.

C.

Building standards, adjacent to future-conditions floodplain. The following provisions shall apply to structures and buildings authorized adjacent to the future-conditions floodplain:

1)

Residential buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 107.03.09.A.5.

2)

Nonresidential buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 107.03.09.A.5. Non-residential buildings may be floodproofed 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, or at least as high as the future-conditions flood elevation, whichever is higher, 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 floodplain manager using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

D.

Building standards, residential single-lot developments on streams without established base flood elevations and/or floodway (A-zones).

1)

For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A-zones), the floodplain manager shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a federal, state, local or other source, in order to administer the provisions and standards of this section.

2)

If data are not available from any of these sources, the following provisions shall apply:

a.

No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater.

b.

In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements 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. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for flood prone enclosures in accordance with subsection 107.03.09.A.5.

3)

The applicant may be required to submit a flood study prepared by a professional engineer registered with the State of Georgia.

E.

Building standards, areas of shallow flooding (AO-zones). Areas of special flood hazard 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. In these areas the following provisions shall apply:

1)

New and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one-foot above the flood depth number in feet specified on the FIRM, above the highest adjacent grade.

a.

If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade.

b.

Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 107.03.09.A.5.

2)

New and substantial improvements of a nonresidential structure may be floodproofed in lieu of elevation.

a.

The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one-foot above the 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.

b.

A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice, and shall provide such certificate to the floodplain manager using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

3)

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

F.

Standards for subdivisions.

1)

All subdivision proposals shall identify the special flood hazard area and areas of future-conditions flood hazards therein and provide base flood elevation data and future-conditions flood elevation data.

2)

All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required.

3)

All subdivision plans shall state the minimum L.F.E. (lowest floor elevation) of proposed structures. See also the elevation requirements in section 107.03.07.B.

4)

All subdivision proposals shall be consistent with the need to minimize flood damage.

5)

All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of flood waters, and discharges from the systems into flood waters.

6)

All subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of City of Canton to reduce potential exposure to flood hazards.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

Generally.

1)

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 an historic structure, and the variance issued shall be the minimum necessary to preserve the historic character and design of the structure.

2)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of section 107.03.10 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.

3)

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

4)

Variances shall not be issued to a non-complying development activity after the activity has taken place ("after the fact.").

5)

The floodplain manager shall report any variances to the Georgia Department of Natural Resources and Federal Emergency Management Agency upon request.

B.

Variance requests.

1)

A request for a variance may be submitted by an applicant who has been denied a permit by the city, or by an owner or developer who has not previously applied for a permit due to the proposed development activity being inconsistent with the provisions of this UDC.

2)

Requests for variances from the requirements of this section shall be submitted to the city. All such requests shall be heard and decided by the board of construction adjustments and appeals in accordance with chapter 105 of this UDC.

3)

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the city and board of construction adjustments and appeals shall deem necessary for consideration of the request.

C.

Standards for variance decisions.

1)

In reviewing variance requests, the board of construction adjustments and appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other provisions of this section.

2)

The provisions of this section are minimum standards for flood loss reduction; therefore, any deviation from the requirements must be weighed carefully.

3)

Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

4)

A variance shall only be issued 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, or the creation of a nuisance.

5)

Upon consideration of the factors listed above and the purposes of this section, the board of construction adjustments and appeals may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this section.

D.

Issuance of variance. Any person 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 resulting from the lowest floor elevation being placed below the base flood elevation will be commensurate with the increased risk to life and property, and that such costs may be as high as $25.00 for each $100.00 of insurance coverage provided.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

Any person adversely affected by any decision of the community development department shall have the right to appeal such decision to the board of construction adjustments and appeals in accordance with the appeals section of chapter 105 of this UDC.

B.

Any person aggrieved by the decision of the board of construction appeals and adjustments may appeal such decision to the magistrate court, as provided in O.C.G.A. § 5-4-1.

C.

The floodplain manager shall maintain the records of all appeal actions.

(Ord. No. 2019-1121-03, 11-21-2019)

Any action or inaction which violates the provisions of this section or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

A.

Notice of violation.

1)

If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this section, it shall issue a written notice of violation to such applicant or other responsible person.

2)

Where a person is engaged in activity covered by this section without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site and result in an immediate stop work order.

3)

The notice of violation shall contain:

a.

The name and address of the owner or the applicant or the responsible person;

b.

The address or other description of the site upon which the violation is occurring;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this section and the date for the completion of such remedial action;

e.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

f.

A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 30 days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient).

B.

Penalties.

1)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

2)

Before taking any of the following actions or imposing any of the following penalties, the city shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation.

3)

In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Stop work order.

i.

The city may issue a stop work order which shall be served on the applicant or other responsible person.

ii.

The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

b.

Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

c.

Suspension, revocation or modification of permit.

i.

The city may suspend, revoke or modify the permit authorizing the development project.

ii.

A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the city may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the city has taken one or more of the actions described above, the city may impose a financial penalty as permitted by municipal charter or state law for each day the violation remains unremedied after receipt of the notice of violation.

5)

Criminal penalties.

a.

For intentional and flagrant violations of this section, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in city court to answer charges for such violation.

b.

Upon conviction, such person shall be punished as permitted by municipal charter or state law.

c.

Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 2019-1121-03, 11-21-2019)

A.

The state has determined that its river corridors are of vital importance in that they help preserve those qualities that make a river suitable as a habitat for wildlife, a site for recreation, and a source for clean drinking water.

B.

River corridors are fragile natural resources subject to flood, erosion, soil-bearing capacity limitation, and other natural and human-induced hazards.

C.

In their natural state, river corridors serve multiple functions for pollution control, aquifer recharge and discharge, storage and passage of floodwater, and erosion and sedimentation control, as well as wildlife habitat education, scientific study, open space and recreation, and scenic and aesthetic beauty.

(Ord. No. 2014-18, § 2, 8-21-2014)

The purpose of this section is to:

A.

Protect river corridors, regulate activities, and guide future growth and development in or adjacent to those corridors;

B.

Provide for the powers and duties of the city;

C.

Provide for goals, guidelines, practices, procedures, policies, rules and regulations;

D.

Provide for minimum standards for regulated activities within river corridors and their buffers, which natural resources are of vital importance to the city and its citizens;

E.

Provide for a review of decisions;

F.

Provide for hearings and judicial review;

G.

Provide for enforcement;

H.

Prohibit certain activities or actions;

I.

Provide for civil and other penalties;

J.

Repeal conflicting ordinances; and

K.

Provide for other purposes.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The provisions of this section shall apply to the land within 150 feet horizontally on both sides of the Etowah River, which has been designated as a protected river by the Georgia Department of Community Affairs.

B.

The boundary of this land ("Etowah River Corridor") shall be set as places readily identifiable on the city zoning map or the Etowah River Corridor Map.

(Ord. No. 2014-18, § 2, 8-21-2014)

Unless otherwise noted in this section, the regulation of the underlying zoning district as provided in chapter 102 of this UDC shall be maintained and not affected.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All development within the Etowah River Corridor shall maintain a natural vegetative buffer except as otherwise provided in this section.

B.

The natural vegetative buffer shall be restored as quickly as possible following any land-disturbing activity within the Etowah River Corridor.

(Ord. No. 2014-18, § 2, 8-21-2014)

Except as otherwise noted in this section, all construction within the Etowah River Corridor is prohibited.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following acceptable uses of the Etowah River Corridor are allowed, provided that such uses do not impair the long term functions of the river corridor:

A.

Single-family dwellings. Single-family dwellings, including the usual appurtenances, may be constructed within the Etowah River Corridor subject to the following conditions:

1)

The dwelling shall be in compliance with all local zoning regulations.

2)

The dwelling shall be located on a parcel of land containing at least two acres. For the purpose of this section, the size of the parcel shall not include any area within the protected river (that is, for parcels that include the area between the riverbanks, that portion cannot be counted towards the two-acre minimum size).

3)

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

4)

A septic tank serving such a dwelling may be located within the Etowah River Corridor. However, the septic tank drainfields shall not be located within the corridor.

B.

Timber production and harvesting, subject to the following conditions:

1)

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

2)

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

C.

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

D.

Wastewater treatment.

E.

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

F.

Natural water quality treatment or purification.

G.

Agricultural production and management, subject to the following conditions:

1)

Agricultural activity shall be consistent with best management practices established by the state soil and water conservation commission.

2)

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

3)

Agricultural activity shall be consistent with all state and federal laws, and all regulations promulgated by the state department of agriculture.

H.

Mining activities, if permitted by the Georgia Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968 (O.C.G.A. § 12-4-70 et seq.), as amended.

I.

Other uses permitted by the Georgia Department of Natural Resources or under section 404 of the Clean Water Act.

J.

Utility lines and maintenance of easements.

(Ord. No. 2014-18, § 2, 8-21-2014)

Within the Etowah River Corridor, the following limitations on permissible uses shall apply in addition to the regulations of the underlying zoning district and of this section:

A.

Except as expressly provided for under section 107.04.07.A.4, septic tanks and septic tank drainfields are prohibited within the Etowah River Corridor.

B.

Handling areas for the receiving and storage of hazardous waste are prohibited within the Etowah River Corridor.

C.

Hazardous waste or solid waste landfills are prohibited within the Etowah River Corridor.

D.

Other uses unapproved by the city shall not be acceptable within the Etowah River Corridor.

(Ord. No. 2014-18, § 2, 8-21-2014)

For the purposes of this section, land uses existing prior to October 14, 1999, are subject to the following conditions:

A.

Industrial and commercial uses of river corridors shall not impair the drinking quality of the river water.

B.

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

(Ord. No. 2014-18, § 2, 8-21-2014)

Construction of road crossings and utility crossings of the Etowah River Corridor are exempt, provided that construction of such road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975, O.C.G.A. § 12-7-1 et seq., and of section 107.09.00 (Soil erosion, sedimentation and pollution control) of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

Except as discussed in section 107.04.10, if utilities cannot be feasibly located outside the Etowah River Corridor (feasibility shall be decided conservatively by the city engineer), utilities may be located in the corridor, provided that:

A.

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

B.

Installation and maintenance of the utilities shall be such as to protect the integrity of the Etowah River Corridor as well as is reasonably possible; and

C.

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

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Groundwater is among the nation's most important natural resources. It provides drinking water to urban and rural communities, supports irrigation and industry, sustains the flow of streams and rivers, and maintains riparian and wetland ecosystems. In many areas of the nation, the future sustainability of ground-water resources is at risk from overuse and contamination. Because groundwater systems typically respond slowly to human actions, a long-term perspective is needed to manage this valuable resource.

B.

This section is intended to implement rules of the Georgia Department of Natural Resources' Environmental Protection Division known as the "Rules for Environmental Planning Criteria" as they specifically relate to groundwater recharge areas (Rule 391-3-16-.02). It is essential to the health, safety, and welfare of the public that the quality of subsurface public drinking water be maintained. Groundwater resources exist in underground reservoirs known as aquifers. These aquifers are zones of rock beneath the earth's surface that are capable of providing water for 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 development occurs within groundwater recharge areas. Certain land use activities, such as septic tanks, underground tanks, and chemical spills, pose a significant threat to the quality of groundwater supplies. Therefore, it is necessary to manage land uses within groundwater recharge areas in order to ensure that pollution threats and development impacts are minimized. To this end, this section establishes minimum lot sizes to provide for the orderly and safe development of property utilizing on-site sewage management systems.

(Ord. No. 2014-18, § 2, 8-21-2014)

This section shall apply to all lands within the City of Canton that are mapped in the groundwater recharge area district map.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

No land disturbance permit or building permit shall be issued by the community development director for a building, structure, or manufactured home to be served by a septic tank, unless the land disturbance or building conforms to the requirements of this section.

B.

Prior to a land disturbance permit or building permit being issued, the community development director shall require a site plan or subdivision plat in sufficient detail to review the proposed development for compliance with the provisions of this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

No land disturbance permit or building permit shall be issued by the community development director for a building, structure, or manufactured home to be served by a septic tank, unless the Cherokee County Health Department first approves the proposed septic tank installation as meeting the requirements of the Georgia Department of Human Resources Manual for On-Site Sewage Management Systems (hereinafter DHR Manual) and this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Within an area governed by this section, new homes served by a septic tank/drain field system shall be on lots having minimum lot sizes 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, as determined by the Cherokee County Health Department.

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 an average or medium pollution susceptibility area.

3)

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

B.

Any lot of record approved prior to the adoption of this UDC shall be exempt from the minimum lot size requirements of this section.

C.

Within an area governed by this section, no subdivision plat shall be recorded until and unless said plat has been reviewed and approved by the community development director as being in compliance with the minimum lot sizes established by this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Within an area governed by this section, new manufactured home parks served by septic tank/drainfield systems shall have lots or spaces having minimum areas in square feet as follows, based on application of Table MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors set forth in sections A—F of the DHR Manual, as determined by the Cherokee County Health Department.

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 an average or medium pollution susceptibility area;

3)

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

B.

Within an area governed by this section, no site plan for a manufactured home park shall be considered valid until and unless said site plan has been reviewed and approved by the community development director as being in compliance with the minimum space sizes established by this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

New agricultural waste impoundment sites in a significant recharge area, as specified below, shall contain a liner consisting 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 Conservation Service:

A.

Any agricultural waste impoundment site located in a high pollution susceptibility area;

B.

Any agricultural waste impoundment site within an average or medium pollution susceptibility area which exceeds 15 acre-feet; or

C.

Any agricultural waste impoundment site within a low pollution susceptibility area that exceeds 50 acre-feet.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Within an area governed by this section, 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.

B.

Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements.

(Ord. No. 2014-18, § 2, 8-21-2014)

Within an area governed by this section, 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 any adopted City of Canton or applicable State of Georgia fire code requirements.

(Ord. No. 2014-18, § 2, 8-21-2014)

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

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The quality of public drinking water supplies must be assured. land-disturbing activities associated with development can increase erosion and sedimentation, which threaten the storage capacity of reservoirs and impair the quality of public drinking water supplies. Stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients, and sediments into drinking water supplies, making water treatment more complicated and expensive, and rendering water resources unusable for recreation and other uses. Industrial land uses that involve the manufacture, use, transport, and storage of hazardous or toxic waste materials result in potential risks of contamination of nearby public drinking water supplies. Therefore, land use activities within water supply watersheds must be regulated to ensure that public water supplies remain clean.

B.

This section establishes standards consistent with the Georgia Department of Natural Resources' Rules for Environmental Planning Criteria for Water Supply Watersheds (Rule 391-3-16-01) to ensure water quality in the watershed system is not compromised by land activities such as grading, septic systems, and accidental release of contaminants. The intent of this section is to minimize the transport of pollutants and sediment to the water supply, to maintain the yield of water supply watersheds, and to ensure water can be treated to meet federal and state drinking water standards.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

This section shall apply to all lands within existing and future small water supply watersheds, large water supply watersheds, and to water supply reservoirs and their immediate surroundings, as shown on the watershed protection map.

B.

This section does not apply to watersheds not used for public drinking water supply.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following land uses and activities are exempted from compliance with this section:

A.

Land uses existing prior to the adoption of this UDC.

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 section, 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.

(Ord. No. 2014-18, § 2, 8-21-2014)

New facilities which handle hazardous materials of the types listed in section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts 10,000 pounds or more on any one day, and which will locate in a small water supply watershed or within seven miles upstream of a water supply intake or a water supply reservoir of a large water supply watershed, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and the requirements of any adopted or applicable fire prevention code.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following regulations shall apply to all lands within any large water supply watersheds with a water supply reservoir identified on the watershed protection map:

A.

Maintain a buffer with a minimum width of 100 feet on both sides of all perennial streams, as measured from the stream banks, within a seven-mile radius upstream of a water supply reservoir boundary.

B.

No impervious surface shall be constructed within a 150-foot setback area on both sides of all perennial streams, as measured from the stream banks, within a seven-mile radius upstream of a water supply reservoir boundary.

C.

Septic tanks and septic tank drainfields are prohibited in the required 150-foot setback area on both sides of all perennial streams, as measured from the stream banks, within a seven-mile radius upstream of a water supply reservoir boundary.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following regulations shall apply to all lands within any small water supply watersheds identified on the watershed protection map:

A.

Maintain a buffer with a minimum width of 100 feet on both sides of all perennial streams, as measured from the stream banks, along all perennial streams within a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir.

B.

No impervious surface shall be constructed within a 150-foot setback area on both sides of all perennial streams, as measured from the stream banks, within a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir boundary.

C.

Septic tanks and septic tank drainfields are prohibited in the required 150-foot setback area on both sides of all perennial streams, as measured from the stream banks, within a seven-mile radius upstream of a governmentally owned public drinking water supply intake or a water supply reservoir boundary.

D.

Maintain a buffer with a minimum width of 50 feet on both sides of all perennial streams, as measured from the stream banks outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir.

E.

No impervious surface shall be constructed within a 75-foot setback area on both sides of all perennial streams, as measured from the stream banks, outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir boundary.

F.

Septic tanks and septic tank drainfields are prohibited in the required 75-foot setback area on both sides of all perennial streams, as measured from the stream banks, outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake or a water supply reservoir boundary.

G.

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems. New hazardous waste treatment or disposal facilities are prohibited.

H.

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

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

A buffer shall be maintained for a distance of 150 feet from any water supply reservoir boundary as measured from the normal pool elevation.

B.

All development within the 150-foot buffer from any water supply reservoir boundary, and any uses of the reservoir itself including docks, shall comply with the Hickory Log Creek Reservoir Management Plan.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Wetlands 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 well being of communities in the State of Georgia. Nationally, a considerable number of wetlands have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other activities. Without additional regulation, piecemeal or cumulative losses of wetlands will continue to occur over time. Therefore, it is in the interest of public safety and general welfare to avoid damage or destruction to wetlands.

B.

The purpose of this section is to promote wetlands protection by adopting a generalized wetlands map; provide for the withholding of land use and building permits in areas designated as wetlands until a jurisdictional wetland determination is completed; and establish permitted and prohibited land uses within wetlands shown on the generalized wetlands map.

(Ord. No. 2014-18, § 2, 8-21-2014)

This section shall apply to all lands within the city of canton that are shown on the generalized wetlands map, as defined by this UDC, as wetlands.

(Ord. No. 2014-18, § 2, 8-21-2014)

No land disturbance permit or building permit shall be issued by the community development director for a land use, building, structure, or manufactured home, nor shall any regulated activity as defined by this section commence, unless the land use, building, structure, manufactured home or regulated activity conforms to the requirements of this section. Prior to a land use permit or building permit being issued, the community development director shall require a site plan or subdivision plat in sufficient detail to review the proposed development for compliance with the provisions of this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

If an area proposed for development is located within 50 feet of a wetland as shown on the generalized wetlands map, as determined by the community development director, no local land disturbance permit or building permit on said wetland shall be issued until a jurisdictional wetland determination has been completed and either of the following occur:

A.

The U.S. Army Corps of Engineers determines that there are jurisdictional wetlands present on the proposed development site, a section 404 permit is required, and either a section 404 Permit or a letter of permission is issued by the Corps for the proposed development; or

B.

The U.S. Army Corps of Engineers determines that jurisdictional wetlands are not present on the proposed development site, and no section 404 permit or letter of permission is required.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following uses shall be allowed as of right within an area shown as a wetland on the generalized wetlands map, 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:

A.

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

B.

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

C.

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

D.

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

E.

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

F.

Education, scientific research, and nature trails.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following uses are prohibited within wetlands shown on the generalized wetlands map:

A.

Receiving areas for toxic or hazardous waste or other contaminants.

B.

Hazardous or sanitary waste landfills.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Hillsides are inherently unstable. Changes to slopes — through undermining by humans, flowing rivers, heavy rains or the focusing of stormwater runoff by human-built channels or storm drain outlets — can cause erosion or landsliding. Steep slopes are less forgiving of construction errors than are shallow slopes. When steep slopes fail, such failures can have disastrous consequences.

B.

Disturbed surfaces create loose materials which tend to move downhill. The steeper the natural slope, the greater the area is that must be disturbed. Development can result in alteration of land surfaces that can contribute to slope destabilization. Alterations that have the potential for creating unstable slopes include placing fills on top of marginally stable slopes, cutting slopes at too steep an angle or undermining the toe of a slope, redirecting storm runoff in a way that artificially concentrates flows onto portions of the landscape not prepared to receive such flows, removing woody vegetation and adding water by means of hillside septic systems. These factors work together and can cumulatively decrease the stability of slopes and eventually lead to disaster. Landslides and slope failures pose a variety of hazards to human settlements.

C.

Hillside development, if unregulated, can take place at the expense of environmental concerns. Stormwater runoff from slopes is greater in both quantity and velocity than it would be from level ground. Preserving existing vegetation reduces erosion by maintaining roots which increase infiltration and bind soils. Vegetation also reduces the velocity of raindrops and slows the velocity of surface water flow by increasing the roughness of the ground. Constructing hillside roads involves cuts in the upslope side and fills on the down slope side. Such cuts and fills are often much wider than the normal city or county road right-of-way and can be more susceptible to failure.

D.

Hillsides are unique vegetation communities and wildlife habitats. Hillsides in developing areas are often the last remaining natural areas and are the final refuges for many animal species. Development needs to be sensitive to the hillside's function of providing biodiversity.

E.

Hillsides have general aesthetic value to the community and contribute to the community's sense of identity. Prominent peaks and ridges can have significance as identifiable landmarks to area residents. Hillside development, if unregulated, can take place at the expense of aesthetic concerns. Hills are highly visible from surrounding areas. Vegetation clearance and landform grading practices, if unregulated, can upset the natural shape of hills. The bulk, shape, height and color of buildings can contrast with the natural landscape if unregulated and thus intrude on the natural character of the landform. Regulations are needed to ensure that buildings and structures blend in with the natural environment through their shape, materials and colors.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

It is the purpose of this section to provide development regulations applicable to hillsides and ridgelines to ensure that such development occurs in a manner that:

1)

Protects the natural and topographic character of hillsides;

2)

Prevents inappropriate development on hillsides, steeply sloping sites and in geologically hazardous areas;

3)

Protects fragile steep slopes and other environmental resources;

4)

Preserves the aesthetic and scenic qualities of hillsides and steep slopes;

5)

Ensures the public health, safety, and general welfare.

B.

The provisions of this section are intended to prevent developments that will erode hillsides, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties or result in the severe cutting of trees or the scarring of the landscape. It is the intent of this section to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the community. These purposes cannot be met fully with existing development codes, such as soil erosion, grading, tree protection and flood damage prevention. This section is considered the minimum necessary to attain these purposes.

C.

This section is also intended to encourage the application of principles of civic design, landscape architecture, architecture, planning and civil engineering to preserve the appearance and protect the resources of hillside areas and ridgelines. Guidelines are also provided to encourage imaginative and innovative building techniques and to encourage building designs compatible with natural hillside surroundings.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

This section shall apply to any development proposal for property with a natural slope of 25 percent or more, and including the crests, summits, and ridge tops which lie at elevations higher than any such areas even though the slopes of such crests, summits and ridge tops have a slope of less than 25 percent.

B.

For purposes of determining whether this section applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area or, if available, a topographic survey of the subject property.

C.

This section shall apply, and the community development director shall apply and enforce the provisions of this section, to the earliest application for development or building approval required of the applicant, whether that is an application for land use permit, application for preliminary subdivision plat, or application for land-disturbing activity.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following land uses or activities are exempt from the requirements of this section:

A.

Agriculture and forestry. Agriculture and forestry, provided that they are consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Georgia Department of Agriculture.

B.

Mining. Mining activity existing on the effective date of this UDC, if such activity has been lawfully permitted by the Georgia Department of Natural Resources.

C.

Landscape maintenance. Landscape maintenance activities, including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations of this UDC.

D.

Prior development plan approval. Any land, or part of any land, which was contained in or subject to any development plan, and which was filed with the community development department and approved by the city prior to the effective date of this UDC.

E.

Additions to single-family residences. On legal lots of record with existing residences that were approved prior to the effective date of this UDC, said existing residences may be expanded without demonstrating compliance with this section, provided that the height of the building addition does not exceed the existing height of the building, no land disturbance is required to accomplish the building addition, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this section as determined by the community development director.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Compliance. No land to which this section applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of the section.

B.

Regulations versus guidelines.

1)

This section provides both regulations and guidelines.

2)

Regulations are identified by use of the term "shall" and compliance is mandatory. Guidelines are identified by use of the term "should" and compliance is not mandatory but is strongly recommended.

3)

Substantial inconsistencies with one or more guidelines in a manner that is clearly counter to the purposes of this section may provide the basis for denial of a development by the community development director.

C.

Topographic data.

1)

Where the community development department does not have reliable data on existing topography, or when a quadrangle map of the U.S. Geological Survey or other topographic maps which may be available does not provide sufficient detail to administer the requirements of this section, the community development director may require, and the development applicant shall provide, a topographic survey of the property proposed to be developed.

2)

Said topographic survey, if required, may exclude areas not proposed for development.

3)

The topographic survey shall provide contour intervals of no more than five feet unless otherwise approved by the land use officer.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All development proposals subject to the requirements of this section should be designed to meet generally accepted principles of land use planning, soil mechanics, engineering geology, civil engineering, environmental management, civic design, architecture, landscape architecture, landscape ecology and related disciplines. The community development director should consider whether or not each development proposal is consistent with these general guidelines and may cite any one or more of them in support of a decision to approve or deny each development proposal that is subject to the requirements of this section.

B.

Planning of the development should take into account the topography, soils, geology, hydrology, vegetation and other features of the proposed site.

C.

Areas not well suited for development due to soil characteristics, geology, vegetation, existing plant and animal life or hydrology limitations, should not be developed.

D.

Site designers are encouraged to propose and apply innovative concepts for slope and soil stabilization, grading, landscaping and building placement and design to meet the purposes and objectives of this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

General grading provisions.

1)

All grading, retaining wall design, drainage and erosion control plans for development subject to this section shall be designed by a civil engineer. In cases where geologically hazardous areas exist, such plans shall be prepared by a qualified professional.

2)

No grading, filling, clearing or excavation of any kind in excess of 50 cubic yards shall be initiated until a grading plan is approved and a land disturbance permit is obtained from the land use officer.

3)

Borrowing for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan or imported from outside the hillside area.

4)

Any approved cut or fill slopes shall be no steeper than two horizontal to one vertical unless it can be shown by the project engineer that steeper slopes are feasible and such showing is accepted by the community development director.

5)

Development on the site should be located, designed and oriented so that grading and other site preparation are kept to the minimum needed to serve the intended building or use.

6)

When grading must occur, it should blend with the natural landform as much as possible. Grading to form level pads and building sites is strongly discouraged and when required such grading should be minimized.

7)

Projects involving more than one use or phase should be phased into workable units in a way that minimizes the amount of soil disturbance at any given point in time.

B.

Cut slopes.

1)

No cuts shall be permitted solely for the purpose of obtaining fill, unless specifically approved in the grading plan.

2)

Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Steep-cut slopes shall be retained with stacked rock, engineered retaining walls or a functional equivalent, to control erosion and stabilize the slope.

3)

Cut faces on a terraced section should not exceed a maximum height of five feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point.

4)

Terrace widths should be a minimum of three feet to allow for the introduction of vegetation for erosion control. The total height of a cut slope should not exceed 15 feet.

C.

Fill slopes.

1)

Fill slopes should not exceed a total vertical height of 25 feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point.

2)

The toe of any fill slope area not utilizing an engineered retaining structure should be a minimum of six feet from any property line.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All new lots created by subdivision shall contain a building envelope with a natural slope of 35 percent or less and shall meet the lot size minimum based on slope as provided in this subsection below.

B.

Existing parcels without adequate buildable area less than or equal to 35 percent cannot be subdivided but shall be considered buildable for one unit.

C.

Subdivision of land, land disturbance, and development of lands that are subject to this section shall meet the requirements shown in table 107-1:

Table 107-1 Land Subdivision, Disturbance and Development Requirements

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Removal.

1)

Existing deep-rooted vegetation, including trees, bushes and ground covers, should be removed only in cases where necessary for buildings, roads, driveways, parking and minimum required yards.

2)

View corridors from the proposed development to surrounding areas may be provided, but the thinning of limbs of individual trees is preferred over tree removal as a means to provide a view corridor.

B.

Tree protection areas.

1)

All areas required by this section to be maintained in their natural state shall be designated as tree protection areas on the site plan.

2)

Development shall avoid disturbing designated tree protection areas.

3)

Construction site activities, including material storage, shall be located and arranged so as to prevent disturbances of designated tree protection areas.

C.

Tree replacement.

1)

No trees, other than those located within a building envelope, within a proposed street, driveway or parking area, or within a utility easement, shall be removed except by permit issued by the community development director.

2)

A replacement plan for such trees shall be required to be approved by the community development director.

D.

Tree survey required.

1)

When grading or land disturbance is proposed to occur outside of roadways, utility areas, building pads and minimum required yard areas, a tree survey at the same scale as the project site plan shall be required.

2)

Portions of the lot or project area not proposed to be disturbed by development shall not be required to be included in the tree survey.

3)

All tree surveys required by this subsection shall show all trees greater than six inches diameter at breast height (DBH), along with their DBH and species.

4)

Groups of trees in close proximity (i.e., those within five feet of each other) may be designated and shown as a stand of trees, provided that the predominant species, estimated number and average diameter of trees are indicated on the tree survey.

5)

The tree survey shall include the name, address and signature of the professional conducting the tree survey.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Plan required. Revegetation according to a planting plan approved by the community development director shall be required for all disturbed areas outside of roadways, driveways, building sites and minimal yard areas.

B.

Species selection.

1)

Vegetation used to revegetate disturbed areas shall be native species or species similar in resource value as the vegetation removed.

2)

Vegetation shall be chosen after consideration of its ability to survive the conditions of soils, climate, temperature, elevation and other natural conditions.

3)

Use plant materials that blend with the ridgeline or hillside.

4)

Landscape schemes that are rough, natural and/or subdued in character are encouraged.

5)

Use of exotic plants and sod are strongly discouraged.

C.

Slope stability. When revegetation is required, it should be installed to assist in providing long-term slope stabilization and help reduce the visual impact of any cut slopes.

D.

Installation. When revegetation is required, all required revegetation shall be installed prior to approval by the community development director to occupy the activity, development or building.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Stormwater management facilities shall be provided for all developments subject to this section.

1)

Storm drain systems shall be designed to capture stormwater from streets, driveways, parking areas, building roofs and other impervious surfaces.

2)

Unless otherwise required by the community development director, the drainage for the site shall be directed to flow to streets or other approved collector systems.

B.

The overall drainage system shall be completed and made operational at the earliest possible time during construction.

C.

Stormwater facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. When this is not possible, interceptor ditches shall be installed above all cut/fill slopes and the intercepted water conveyed to a stable channel or natural drainage way with adequate capacity. Alternatively, berms at the top of slopes may be used to screen developments, vary the profile and ensure drainage will be directed away from slopes.

D.

Existing natural drainage systems should be utilized, as much as possible, in their natural state.

1)

Alterations of major natural drainageways shall be prohibited except for approved road crossings and drainage structures.

2)

Natural drainageways shall be riprapped or otherwise stabilized below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion.

E.

Flow-retarding devices and detention ponds shall be used where required to minimize increases in runoff volume and peak flow rate due to development.

(Ord. No. 2014-18, § 2, 8-21-2014)

Erosion control measures shall be required for all developments as specified in section 107.09.00 (Soil erosion, sedimentation and pollution control) of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

No new street shall be constructed on lands equal to or greater than 35 percent slope; provided, however, that a portion of a street on land equal to or greater than 35 percent slope may be constructed if it does not exceed a length of 100 feet.

B.

Streets, driveways, buildings, utilities, parking areas and other site disturbances shall be located such that the maximum number of existing trees on the site is preserved.

C.

Roads, driveways and parking areas shall be designed to create the minimum feasible amounts of land coverage and the minimum feasible disturbance of the soil. Variations in road design and road construction specified in this UDC shall be permitted, as may be approved by the community development director, to prevent the dedication of unnecessarily large amounts of land.

D.

Road alignments should follow the natural terrain unless the project engineer can justify additional cuts or fills. Roads, walkways and parking areas should be designed to parallel the natural contours of the site.

E.

One-way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized. For instance, a two-way street may have the directions of flow split into one-way pairs that differ in elevation, circumnavigate difficult terrain or avoid tree clearance.

F.

Combinations of collective private driveways, shared parking areas and on-street parallel parking bays should be used where possible to minimize land and soil disturbance, minimize impervious surface coverage and achieve excellence of design and aesthetic sensitivity.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Building pads.

1)

Building pads should be of minimum size to accommodate the structure and a minimal amount of yard space.

2)

Pads for tennis courts, swimming pools and large lawns are discouraged.

3)

Building envelopes should be located and sized to preserve the maximum number of trees on site.

4)

Building pads should be varied in elevation above street level to avoid the appearance of monotonous, flat, level pads.

B.

Foundations.

1)

All buildings and structures on lands with slopes of 25 percent or greater shall have foundations which have been designed by a civil engineer or other qualified professional.

2)

Large building pads and footings should be split into more than one (i.e., split-level homes that step down the hillside), where possible, to allow the building pad and structure to more closely follow the existing slope of the land.

3)

Building footprint coverage should be minimized where possible by using multiple-level (two or more story) buildings.

C.

Roofs.

1)

Buildings and structures with roofs must be designed such that the roofline of the building does not project above a ridgeline more than two feet.

2)

Roof forms and roof lines for new structures should be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside.

3)

Long, linear unbroken roof lines are discouraged.

4)

Flat roofs are discouraged.

5)

The slope angle of roof pitch should be at or below the angle of the natural hillside slope.

D.

Height. The height of all buildings and structures shall not exceed 35 feet measured vertically from the highest point of the natural grade.

E.

Setbacks. When appropriate, buildings and structures should be located as close to the street as possible to preserve the natural terrain and to minimize disturbance and the length of driveways. Buildings and structures shall be located as close to the street as possible to preserve the natural terrain and to minimize disturbance and the length of driveways. Proposed variance from minimum setback requirements may be submitted for review by the community development director in accordance with the administrative action process in chapter 105 of this UDC.

F.

Mass. The visible mass of larger buildings and structures should be reduced by utilizing below-grade rooms cut into the natural slope.

G.

Location. Buildings and structures should be clustered where possible to reduce disturbance and removal of vegetation.

H.

Designs that reduce clearing and impervious surfaces.

1)

Wooden deck areas either on the roof of a garage, or roof of the house, or extending from the house or garage, may be used to reduce the amount of grading and need for yard areas and provide private outdoor spaces.

2)

Wooden decks that allow infiltration of stormwater into the ground may be used instead of concrete slabs for patios and, in some cases if structurally sufficient, parking, in order to reduce the amount of impervious surface.

I.

Partial screening.

1)

A portion of natural on-site vegetation shall be retained sufficient to partially screen (along 50 percent of the building face, or that achieves 50 percent opacity or more along the building face) the building, structure, use, or activity from views from public roads not serving the building;

2)

Landscaping shall be installed and designed to partially screen the building, structure, use, or activity from views from public roads; or

3)

Other measures shall be included in the project and approved by the community development director to reduce the visual impacts of such development from views from public roads.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Where adequate access for firefighting equipment or where water supply for firefighting are not available, in the opinion of the community development director as may be informed by the fire safety services manager, an approved automatic fire sprinkler system in compliance with the applicable state plumbing code shall be required and installed for all occupied buildings prior to occupancy of said buildings. This provision shall not apply to gazebos, storage sheds or other detached accessory structures not intended for occupancy.

B.

Adjacent to residences or structures to be occupied, in areas of high risk of forest fires as determined by the fire safety services manager, there shall be required a clear zone of no less than 20 feet on all sides of said residences or structures, or to the property line, whichever is nearer.

1)

Within the clear zone, all brush, flammable vegetation or combustible growth shall be removed.

2)

This provision shall not apply to single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a continuous means of rapidly transmitting fire from the native growth to a residence or structure to be occupied.

C.

In areas of high risk of forest fires as determined by the fire safety services manager, the following provisions may be made a condition of development or permit approval:

1)

Roofs shall be covered with noncombustible materials, such as clay or concrete shake or tile.

2)

Exterior walls shall be surfaced with noncombustible or fire-resistant materials.

3)

Chimneys shall be provided with approved spark arresters.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022)

A.

Any wall that exceeds a height of four feet along any portion of the wall shall require a separate wall permit.

B.

Walls exceeding 30 inches in height shall be required to have a guardrail. For guardrail design use the requirements as shown in the Deck Construction Guide as shown in the International Residential Code. Special consideration will be given to forego the guardrail requirement if one of the following criteria are met:

1)

Wall is a double tier wall, with upper wall being no more than five foot from lower wall. Railings will be required to limit access to lower tier.

2)

Walls no more than 40 inches in height if a non-walkable surface is in place. Non-walkable minimum is five foot of ground cover that does not require maintenance and a constant planting of at least 30 inches in height.

3)

Walls no more than 48 inches tall that are the bottom of a slope over 3:1.

C.

An engineer's letter approving the structural safety of any wall exceeding four feet in height must be provided prior to receiving a certificate of occupancy.

(Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2022-0317-01, 3-17-2022)

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

1)

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

2)

Granite quarrying and land clearing for such quarrying;

3)

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;

4)

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;

5)

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

6)

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 subsections 107.09.02.C.15 and 16 of this section, 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;

7)

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

8)

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

9)

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;

10)

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

11)

Any public water system reservoir.

(Ord. No. 2018-0719-01, 7-19-2018)

A.

General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this section 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 subsections B and C of this section. 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 section and the NPDES general permit.

B.

Minimum requirements/BMPs.

1)

Best management practices as set forth in subsections B and C of this section 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 storm water 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 subsection (b).

2)

A discharge of storm water 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 of 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 property 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, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

5)

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

C.

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

1)

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

2)

Cut-fill operations must be kept to a minimum;

3)

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

4)

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

5)

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

6)

Disturbed soil shall be stabilized as quickly as practicable;

7)

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

8)

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

9)

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

10)

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

11)

Cuts and fills may not endanger adjoining property;

12)

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

13)

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

14)

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

15)

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

a.

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

b.

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

16)

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

a.

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

b.

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

17)

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

a.

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

b.

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

c.

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

d.

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

D.

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

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 section or the terms of the permit.

F.

All waste from construction activities shall be controlled and properly disposed of in a manner which prevents adverse impacts to water quality. Waste includes, but is not limited to: Discarded building materials, chemicals, litter, sanitary waste and concrete washout. A designated area for concrete wash down of tools, concrete mixer chutes, hoppers and the rear of vehicles shall be provided in a location convenient to construction activities and readily accessible by concrete trucks. The designated area shall be a zero discharge containment facility which completely prevents concrete wash water from infiltrating into the ground or discharging to any natural or structural stormwater drainage conveyance or to any waters of the state. Wash out of the drum of a concrete truck at a construction site, unless in a designated wash down facility is prohibited.

(Ord. No. 2018-0719-01, 7-19-2018)

A.

General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The local issuing authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this section, 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 Canton without first obtaining a permit from the Canton 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 Canton 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 subsection C of this section. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of subsections 107.09.02.B and 107.09.02.C of this section will be met. Applications for a permit will not be accepted unless accompanied by seven 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 O.C.G.A. § 12-5-23(a)(5), 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 subsections 107.09.02.C.15, 16, and 17 have been obtained, all fees have been paid, and bonding, if required as per subsection 107.09.03.B.6., have been obtained. Such review will not be required if the local issuing authority and the district have entered into an agreement which allows the local issuing authority to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

5)

If a permit applicant has had two or more violations of previous permits, this 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 subsections 107.09.02.B and 107.09.02.C of this section, 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 section. 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 section, any variances required by subsections 107.09.02C.15, 16, and 17 are obtained, bonding requirements, if necessary, as per subsection 107.09.03.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 the ordinance from which this section is derived, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority.

4)

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

5)

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

6)

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

(Ord. No. 2018-0719-01, 7-19-2018)

A.

The City of Canton 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 section, 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 section.

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 City of Canton shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this section, 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.

(Ord. No. 2018-0719-01, 7-19-2018)

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 section 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 section, 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 section and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of subsection 107.09.03.B.6. The local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

D.

Monetary penalties.

1)

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

(Ord. No. 2018-0719-01, 7-19-2018)

A.

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

B.

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

C.

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

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

(Ord. No. 2018-0719-01, 7-19-2018)

A.

Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the board of appeals within 45 days after receipt by the local issuing authority of written notice of appeal.

B.

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

(Ord. No. 2018-0719-01, 7-19-2018)

A.

Effectivity. The ordinance from which this section is derived shall become effective on the 19 ^th day of July, 2018.

B.

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

C.

Liability.

1)

Neither the approval of a plan under the provisions of this section, nor the compliance with provisions of this section 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 section or the terms of the permit.

3)

No provision of this section 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 the under or pollute any waters of the state as defined thereby.

(Ord. No. 2018-0719-01, 7-19-2018)

A.

To provide for the preservation of green space as a nonstructural storm water runoff and watershed protection measure.

B.

To provide an alternative to conventional subdivision design in residential zoning districts that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land.

C.

To preserve in perpetuity unique or sensitive natural resources such as groundwater recharge areas, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.

D.

To permit clustering of houses and structures on less environmentally sensitive areas which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.

E.

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

F.

To promote interconnected greenways and corridors throughout the community.

G.

To promote contiguous greenspace with adjacent jurisdictions.

H.

To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood.

I.

To encourage street design that reduces traffic speeds and reliance on main arteries.

J.

To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles.

K.

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

L.

To preserve important historic and archaeological sites.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Applicability of regulations.

1)

This conservation subdivision option is available in the following zoning districts as a use by right: R-40, R-20, R-15, and R-10.

2)

The applicant shall comply with all other provisions of this UDC and all other applicable laws, except those that are incompatible with the provisions contained herein.

B.

Ownership of development site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

C.

Housing density determination. The maximum number of lots in the conservation subdivision shall be determined by either of the following two methods, as approved by the community development director:

1)

Calculation. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

a.

Slopes over 25 percent of at least 5,000 square feet contiguous area;

b.

The 100-year floodplain, not to be confused with future conditions floodplain, where mapped;

c.

Bodies of open water over 5,000 square feet contiguous area;

d.

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or

e.

Anticipated right-of-way needs for roads and utilities.

2)

Yield plan. The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Site analysis map required.

1)

Concurrent with the submission of a site concept plan, the applicant shall prepare and submit a site analysis map.

2)

The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this section.

3)

The preliminary site plan shall include the following features:

a.

Property boundaries;

b.

All streams, rivers, lakes, wetlands and other hydrologic features;

c.

Topographic contours of no less than ten-foot intervals;

d.

All primary and secondary conservation areas labeled by type, as described in section 107.10.04 below;

e.

General vegetation characteristics;

f.

General soil types;

g.

The planned location of protected open space;

h.

Existing roads and structures; and

i.

Potential connections with existing greenspace and trails.

B.

Open space management plan required. An open space management plan, as described in section 107.10.04 below, shall be prepared and submitted prior to the issuance of a land disturbance permit.

C.

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in section 107.10.04 below, shall be placed on the open space concurrent with the issuance of a land disturbance permit.

D.

Other requirements. The applicant shall adhere to all other applicable requirements of the underlying zoning and this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

Open space is the portion of the conservation subdivision that has been set aside for permanent protection.

2)

Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

B.

Standards to determine open space.

1)

The minimum restricted open space shall comprise at least 40 percent of the gross tract area.

2)

The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this section:

a.

The regulatory 100-year floodplain;

b.

Buffer zones of at least 75-foot width along all perennial and intermittent streams;

c.

Slopes above 25 percent of at least 5,000 square feet contiguous area;

d.

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

e.

Populations of endangered or threatened species, or habitat for such species; and

f.

Archaeological sites, cemeteries and burial grounds.

3)

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible.

a.

Important historic sites;

b.

Existing healthy, native forests of at least one acre contiguous area;

c.

Individual stands of existing healthy native trees with a DBH of greater than eight inches;

d.

Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;

e.

Prime agricultural lands of at least five acres contiguous area; and

f.

Existing trails that connect the tract to neighboring areas.

4)

Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 40 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the open space.

5)

At least 75 percent of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

6)

The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

C.

Allowable uses of open space. Uses of open space may include the following:

1)

Conservation of natural, archeological or historical resources;

2)

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

3)

Walking or bicycle trails, provided they are constructed of porous paving materials;

4)

Passive recreation areas;

5)

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space;

6)

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas;

7)

Nonstructural stormwater management practices;

8)

Easements for drainage, access, and underground utility lines; or

9)

Other conservation-oriented uses compatible with the purposes of this section.

D.

Prohibited uses of open space.

1)

Golf courses;

2)

Roads, parking lots and impervious surfaces, except as specifically authorized in this section;

3)

Agricultural and forestry activities not conducted according to accepted best management practices; and

4)

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

E.

Ownership and management of open space.

1)

Ownership of open space.

a.

The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon.

b.

If a homeowners' association is the owner, the following shall apply:

i.

Membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors.

ii.

The homeowners' association shall have lien authority to ensure the collection of dues from all members.

c.

The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.

2)

Management plan. The applicant shall submit a plan for management of open space and common facilities ("plan") that:

a.

Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

b.

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

c.

Provides that any changes to the plan be approved by the city council; and

d.

Provides for enforcement of the plan.

3)

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city of Canton may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance.

a.

The costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties.

b.

Such costs shall become a lien on all subdivision properties.

F.

Legal instrument for permanent protection.

1)

The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

a.

A permanent conservation easement in favor of either:

i.

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

ii.

A governmental entity with an interest in pursuing goals compatible with the purposes of this section. If the entity accepting the easement is not the City of Canton, then a third right of enforcement favoring the City of Canton shall be included in the easement;

b.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

c.

An equivalent legal tool that provides permanent protection, if approved by the City of Canton.

2)

The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the use of the open space.

(Ord. No. 2014-18, § 2, 8-21-2014)

These regulations are adopted for the following purposes:

A.

To promote the public health, safety, and welfare of the citizens of the City of Canton without preventing the reasonable development of land;

B.

To promote building and site planning practices that are consistent with the City of Canton's natural topography, soils, and vegetative features while recognizing that certain factors, such as disease, proximity to existing and proposed structures and improvements, interference with utility services, and protection of scenic views may require the removal of certain trees and ground cover;

C.

To encourage site development on public and private property, including cleaning, excavation, and filling in such a manner as to minimize hazards to life, health, and property;

D.

To promote land development practices that result in a minimal disturbance to vegetation and soils;

E.

To minimize surface water and ground water run-off and diversion;

F.

To minimize the need for additional storm drainage facilities;

G.

To preserve and enhance the city's physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and ground cover;

H.

To minimize surface water run-off and diversion which may contribute to increased turbidity;

I.

To reduce sedimentation in the streams, lakes, rivers, storm sewer systems, and waterways;

J.

To insure prompt development, restoration and replanting and effective erosion control of property after land clearing and mass grading;

K.

To protect fish, wildlife and their habitats and promote the retention and restoration of vegetation;

L.

To implement the goals and objectives of the State of Georgia's Erosion and Sedimentation Control Act;

M.

To allow the reasonable development of land.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Permit approval required. No person, corporation, or other legal entity shall engage in clearing or grading in the City of Canton without having received an approved permit from the community development director.

B.

Application requirements. All applications for mass grading or clearing permits shall be submitted for approval to the community development director on an application form provided by the community development department or in accordance with the application specifications established by the community development director. Accompanying such form shall be:

1)

A general plan which shall include the following information:

a.

General vicinity map;

b.

Property boundaries indicating the extent and location of proposed grading activities, and relevant physical features of the property (i.e. streams, ravines, etc.);

c.

Location and dimensions of buffer areas to be maintained or established, and location and description of proposed erosion control devices or structures; and

d.

Identification and location of all trees and vegetation that are to be retained and protected.

2)

At the discretion of the community development director, other information as deemed appropriate to this section may be required in instances relating to geological hazard, shoreline protection, tree protection, and replacement or project scope.

3)

An application fee for grading or clearing five acres or less, plus an additional fee for each additional acre, or portion thereof. Fees shall be established from time to time by resolution of city council. An application shall be deemed incomplete without the accompanying application fee.

4)

Tree survey indicating the location of each specimen tree, specifying type and size.

C.

No work shall commence until permit notice is posted by the community development department on the subject site for a period of ten business days prior to the commencement of grading activities.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The mass grading or clearing permit application shall be delivered to the community development department.

B.

All permit applications shall be stamped by the community development director indicating the submission date.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Within ten business days of receiving an application for a mass grading or clearing permit, the community development director shall review it for completeness.

B.

If the community development director finds it complete, the community development director shall stamp the application indicating the completion date and the application shall then be processed.

C.

If the community development director finds that the application is incomplete, he or she shall, within such ten business day period, send to the applicant a written notice of the specific ways in which the application is deficient, with appropriate references to the applicable section of this UDC, stamp the date of return of the application, and send the written notice by hand delivery or by mailing a notice, by certified mail, return receipt requested, to the address on the permit application.

D.

Any subsequent application responding to the notice of deficiency shall be assigned a new submission date when it is received by the community development director. Such application shall be reviewed by the community development director within ten business days for completeness.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The community development department shall review each application for a grading or clearing permit to determine its conformance with the provisions of this UDC.

B.

Within 30 business days after stamping a completion date on an application, the community development department shall, in writing:

1)

Approve the permit application;

2)

Approve the permit application subject to such reasonable conditions as may be necessary to enforce the objectives of this regulation, and issue the permit subject to these conditions, providing the applicant an opportunity to comment within ten business days on the reasonable conditions stated; or

3)

Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application.

C.

The community development director shall give notice to the applicant of the decision of the City of Canton by hand delivery or by mailing a notice, by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth business day after the community development director has stamped completion date on an application. If mailed, notice shall be deemed to have been given upon the date of the mailing in conformity with this section.

D.

If an application is revised and resubmitted, such application shall be assigned a new submission date. If the application is denied because it does not contain the required information or the information is inaccurate or false, a new application shall be submitted to the community development department with all of the required information and such application shall be assigned a new submission date.

E.

Upon expiration of the 30-business day period without a decision being issued, the applicant shall be permitted to begin mass grading or clearing activities under this UDC.

F.

Upon making a final decision, the community development director shall stamp each application, and the permit if applicable, with a decision date.

G.

If a permit applicant has two or more violations of previous permits of this UDC or permits under section 107.09.00 (Soil erosion, sedimentation and pollution control) of this UDC within three years to the date of filing of the application under consideration, the community development director shall deny the application.

(Ord. No. 2014-18, § 2, 8-21-2014)

All mass grading and clearing on lots shall conform to the following standards and provisions unless where otherwise recommended in an approved soil engineering, engineering geology, hydrology, or tree protection plan where the alternate procedures will be equal or superior in achieving the purposes of this UDC. In addition, the following standards and provisions shall be the governing criteria for the issuance or denial of mass grading and clearing permits under this UDC.

A.

Grading regulations.

1)

Mass grading operations shall be conducted so as to expose the smallest practical area of soil.

2)

The grading shall not create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction.

3)

The proposal shall contain reasonable provisions for the preservation of natural land and water features, vegetation, drainage and other indigenous natural features of the site.

4)

The grading shall not create or contribute to flooding, erosion, or increased turbidity, siltation or other forms of pollution in a watercourse.

5)

The grading shall be undertaken in such a manner as to preserve and enhance the City of Canton's aesthetic character. Vegetative screens or buffer strips shall be maintained or reestablished in a timely manner with approved plantings consistent with this UDC.

6)

Development shall be initiated or a vegetative screen or buffer established within 12 months of the date of initiation of mass grading or clearing activities, except in regard to those activities exempt in this UDC.

7)

Mass grading shall not occur on areas larger than 50 contiguous acres.

8)

Mass grading activities shall be done in accordance with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to air and water pollution, and noise control.

9)

The faces of all slopes shall be prepared and maintained to control erosion. Devices or procedures for erosion protection shall be installed within one week of the initiation of mass grading operations and shall be maintained in operable condition by the owner during the duration of the activity for which the permit was issued.

B.

Clear cutting and cuts regulations.

1)

Cut slopes shall be no steeper than two-to-one (2:1).

2)

The ground surface shall be prepared to receive fill by removing vegetation, nonapproved fill, topsoil, and other unsuitable materials as determined by the community development director and, where the slopes are five-to-one (5:1) or steeper, by the excavation of relatively level steps into the slope, on which the fill is to be placed.

3)

Fill slopes shall not be constructed on natural slopes which are steeper than two-to-one (2:1).

4)

When the owner of any parcel shall raise, lower, or alter the level of existing grade of a site by a fill or excavation, he or she shall at his or her own expense protect all adjoining property from encroachment by such fill or from danger of collapse due to such excavation either by erection of engineered retaining wall or by sloping the sides of such fill or excavation entirely within the confines of the site in a manner approved by the community development director.

5)

Clear cutting shall not occur on areas larger than 50 contiguous acres.

6)

Clear cutting shall not occur 30 feet beyond the building footprint.

7)

Cut and fill slopes shall be provided with surface and subsurface drainage as necessary to retain slope stability.

8)

The faces of all slopes shall be prepared and maintained to control erosion. Devices or procedures for erosion protection shall be installed within one week of the initiation of clear cutting or cut operations and shall be maintained in operable condition by the owner during the duration of the activity for which the permit was issued.

C.

Approval. A mass grading or clearing permit application shall be approved by the community development director if it meets the requirements of this UDC.

D.

Appeals. Any person or persons aggrieved by a permit application denial of the community director may file a notice of appeal in accordance with chapter 105 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following shall be exempt from the provisions of this section:

A.

The activities which are exempted in the Georgia Erosion and Sedimentation Control Act;

B.

Grading and clearing in emergency situations involving immediate danger to life or property or substantial fire hazards;

C.

Removal of diseased, dead, or dying trees upon written verification by a qualified arborist or landscape architect or landscape contractor which states that removal of the trees is essential for the protection of life, limb, or property and which statement is filed with the community development department;

D.

Agricultural operations on existing farmed areas, as defined in the Georgia Erosion and Sedimentation Control Act; and

E.

Routine maintenance activities, including tree removal, required to control vegetation on road and utility rights-of-way.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any action or inaction which violates the provisions of this section or an approved permit may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

A.

Notice of violation.

1)

If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of a mass grading or clearing permit or the provisions of this section, it shall issue a written notice of violation to such applicant or other responsible person.

2)

Where a person is engaged in activity covered by this section without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site and result in an immediate stop work order.

3)

The notice of violation shall contain:

a.

The name and address of the owner or the applicant or the responsible person;

b.

The address or other description of the site upon which the violation is occurring;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit or this section and the date for the completion of such remedial action;

e.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

f.

A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 30 days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient).

B.

Penalties.

1)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

2)

Before taking any of the following actions or imposing any of the following penalties, the city shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation.

3)

In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Stop work order.

i.

The city may issue a stop work order which shall be served on the applicant or other responsible person.

ii.

The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

b.

Withhold issuance of other permits. The city may withhold issuance of other permits from City of Canton, including but not limited to permits for building construction and water and sewer hookup, for the affected property until corrective action is taken by the responsible party. However, if mitigating circumstances exist and a reasonable commitment for corrective action is made, the city may issue permits. Such corrective action may include:

i.

Restoration of surface vegetation with plant material similar in character and extent as existed prior to the unauthorized clearing;

ii.

Implementation of drainage and erosion control measures;

iii.

Replanting of trees to replace those lost through unauthorized clearing.

c.

Suspension, revocation or modification of permit.

i.

The city may suspend, revoke or modify the permit authorizing the development project.

ii.

A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the City may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the city has taken one or more of the actions described above, the city may impose a financial penalty as permitted by municipal charter or state law for each day the violation remains unremedied after receipt of the notice of violation.

5)

Criminal penalties.

a.

For intentional and flagrant violations of this section, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in city court to answer charges for such violation.

b.

Upon conviction, such person shall be punished as permitted by municipal charter or state law.

c.

Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 2014-18, § 2, 8-21-2014)

See the appeals section of chapter 105 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

A permit authorizing grading or clearing shall expire and become null and void unless activities are commenced within 60 business days of issuance of the permit or if activities lapse for a period exceeding 14 business days.

B.

Any permit granted shall expire one year from the date of issuance.

C.

Any site for which the grading or clearing permit expires shall be stabilized by the applicant to prevent erosion within a ten-day period.

D.

Upon a showing of good cause, a permit may be extended by the community development director for one six-month period.

E.

No refunds will be made for permit fees paid for permits that expired due to the failure to commence activities or lapse and abandonment of activities.

F.

The community development director shall notify the permit holder of the permit expiration and send the written notice by hand delivery or by mailing a notice, by certified mail, return receipt requested, to the address on the permit application.

(Ord. No. 2014-18, § 2, 8-21-2014)

Variances from the requirements of this section will be considered in accordance with the variances section of chapter 105 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Purpose and intent. The purpose of this section is to protect the public health, safety, environment, and general welfare through the regulation and prevention of litter. The objectives of this section are to:

1)

Provide for uniform prohibition throughout the City of Canton of any and all littering on public or private property; and

2)

Prevent the desecration of the beauty and quality of life of the City of Canton and prevent harm to the public health, safety, environment, and general welfare, including the degradation of water and aquatic resources caused by litter.

B.

Applicability. This section shall apply to all public and private property within the City of Canton.

C.

Compatibility with other regulations. The requirements of this section should be considered minimum requirements, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

(Ord. No. 2014-18, § 2, 8-21-2014)

It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in the City of Canton or any waters in the City of Canton unless:

A.

The property is designated by the state or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property;

B.

The litter is placed into a receptacle or container installed on such property; or

C.

The person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.

(Ord. No. 2014-18, § 2, 8-21-2014)

No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person who has violated or continues to violate the provisions of this section, may be subject to the enforcement actions outlined below or may be restrained by injunction or otherwise sentenced in a manner provided by law.

B.

Evidence.

1)

Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this section, it shall be prima facie evidence that the operator of the conveyance has violated this section.

2)

Except as provided in subsection B.1 above, whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this section is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this section.

C.

Penalties. Any person who violates this section shall be guilty of a violation and, upon conviction thereof, shall be punished as follows:

1)

By a fine of not less than $200.00 and not more than an amount permitted by municipal charter or state law; and

2)

In addition to the fine set out in subsection C.1 above, the violator shall reimburse the City of Canton for the reasonable cost of removing the litter when the litter is or is ordered removed by the City of Canton; and

3)

One of the following:

a.

In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right-of way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or

b.

In the sound discretion of the court, the person may be directed to pick up and remove any and all litter from any public property, private right-of-way, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter. Pick up and removal shall include any and all litter deposited thereon by anyone prior to the date of execution of sentence; and

4)

The court may publish the names of persons convicted of violating this UDC.

D.

Enforcement. All law enforcement agencies, officers and officials of this state or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

These regulations are adopted for the following purposes:

A.

To promote the public health, safety, and welfare of the citizens of the City of Canton without preventing the reasonable development of land;

B.

To promote building and site planning practices that are consistent with the City of Canton's natural topography, soils, and vegetative features while recognizing that certain factors, such as disease, proximity to existing and proposed structures and improvements, interference with utility services, and protection of scenic views may require the removal of certain trees and ground cover;

C.

To encourage site development on public and private property, including clearing, excavation, and filling in such a manner as to minimize hazards to life, health, and property;

D.

To promote land development practices that result in a minimal disturbance to vegetation and soils;

E.

To minimize surface water and ground water run-off and diversion;

F.

To minimize the need for additional storm drainage facilities;

G.

To preserve and enhance the city's physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and ground cover;

H.

To minimize surface water run-off and diversion which may contribute to increased turbidity;

I.

To reduce sedimentation in the streams, lakes, rivers, storm sewer systems, and waterways;

J.

To insure prompt development, restoration and replanting and effective erosion control of property after land clearing and mass grading;

K.

To protect fish, wildlife and their habitats and promote the retention and restoration of vegetation;

L.

To implement the goals and objectives of the State of Georgia's Erosion and Sedimentation Control Act;

M.

To allow the reasonable development of land.

(Ord. No. 2019-0620-01, 6-20-2019)

A.

This section shall apply to any development proposal that involves cut and fill slopes over four to one (4:1).

B.

This section shall apply, and the community development director shall apply and enforce the provisions of this section, to the earliest application for development or building approval required of the applicant, whether that is an application for land use permit, application for preliminary subdivision plat, or application for land-disturbing activity.

(Ord. No. 2019-0620-01, 6-20-2019)

All grading and clearing on lots shall conform to the following standards and provisions unless where otherwise recommended in an approved soil engineering, engineering geology, hydrology, or tree protection plan where the alternate procedures will be equal or superior in achieving the purposes of this UDC. In addition, the following standards and provisions shall be the governing criteria for the issuance or denial of land disturbance permits under this UDC.

A.

Grading regulations.

1.

Slopes shall be no steeper than two to one (2:1).

2.

For slopes steeper than three to one (3:1), a slope revegetation plan must be submitted. Three to one (3:1) slopes shall require jute/coconut matting and will require additional vegetation in addition to matting (shrubs, junipers, etc.).

3.

Slopes shall not exceed 20 feet in vertical height unless horizontal benches are installed at least every ten feet with five feet in depth.

4.

All slopes greater than four to one (4:1) shall be located on one parcel. The top of the slope shall be no closer than one foot plus 50 percent of the height of the slope to an adjacent property owner but no less than five feet.

5.

All fill slopes greater than ten feet shall be placed, compacted, inspected and tested and compaction results submitted to the community development department.

a.

Ninety-five percent of maximum density.

b.

A field density test shall be taken for each 18 inches of fill and for each 500 cubic yards of fill placed. For subdivisions, at least one field density test shall be taken on each lot which receives fill. One field density test shall be taken on the slope face for every four feet in elevation of the slope or every 1,000 square feet of slope for each lot.

6.

All fill lots shall be noted on the final plat, with reference made to the applicable compaction report.

7.

An engineer's report may be required for sensitive areas or areas of repeated slope failure, at the discretion of the community development director.

(Ord. No. 2019-0620-01, 6-20-2019)