This chapter expands upon the standards of chapter 103 by addressing additional details of project design for the purpose of ensuring a coordinated layout and site design of land development. Chapter 109 establishes standards and requirements for the provision of streets, sidewalks and stormwater. The standards in this chapter are intended to ensure that proposed development is compatible with existing and future development on neighboring properties and produces an environment of desirable character, consistent with the comprehensive plan.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All subdivisions hereafter established in the City of Canton shall be developed in accordance with the design standards and requirements set forth in this chapter.

B.

Land subject to flooding, improper drainage or erosion, or which has topographical, geological or other constraints on its development, shall not be subject to development for any uses which may continue such conditions or increase the danger to health, safety, life or property, unless such constraints can be legally eliminated or abated.

C.

All subdivisions shall be identified by name. Subdivision names may not be duplicated unless they are a logical extension of and are contiguous to an existing subdivision.

D.

All proposed subdivisions shall conform to all applicable zoning regulations and development policies of the City of Canton in effect at the time of submission of the construction plans or any variance that has been granted.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All property line corners shall be marked with a metallic pin, at least one-half inch in diameter and 24 inches in length. The top level of such pin shall be approximately level with the finished grade.

B.

If the ground cannot be penetrated the required 24 inches, another type of permanent monument shall be installed on the property line as shown on the plat as a reference monument to the corner.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

General.

1)

The arrangement of streets shall conform to the City of Canton Road Classification Map, or, for streets not shown on this plan, shall provide for an appropriate extension of the existing pattern of streets. Where discrepancies or conflicts within this UDC occur, the AASHTO Green Book, "A Policy on Geometric Design of Highways and Streets," shall be used as the guideline.

2)

The minimum right-of-way as required by this UDC must be shown on the final plat and dedicated to the City of Canton if the proposed development fronts on an existing city road. All building setback requirements shall be measured from this established right-of-way line.

3)

Traffic studies shall be required for all residential subdivisions containing more than 200 lots, non-residential subdivisions containing more than 50,000 square feet of floor area, or at the discretion of the community development director and city engineer. Such studies will at a minimum address the level of traffic generated by the proposed development and its distribution on the existing road network; and the need for traffic signals, deceleration lanes, left turn lanes, other additional lanes and other traffic control devices on all existing and proposed roadways.

4)

All streets with curb and gutter shall be constructed with a minimum 13-foot behind both curbs. See standard detail 201 "Residential Streets" and standard detail 202 "Non-Residential Streets."

5)

All streets shall have a minimum centerline grade of at least two percent including culs-de-sac and intersections.

6)

Super-elevated curves shall be provided as per Georgia Department of Transportation design guidelines for arterial streets.

7)

A horizontal curve with a 100-foot radius minimum shall be designed at all points of intersection along the street centerline.

8)

The minimum length of crest vertical curves shall be 100 feet. Longer lengths may be required based on required stopping sight distance. The sight distance for crest vertical curves shall be measured along the roadway from three and one-half feet above the pavement to an object six inches high, as discussed in the current AASHTO policy on design. Vertical curves may be designed to extend past the end of a cul-de-sac provided stopping sight distance is met. See standard detail 203 "Minimum Stopping Sight Distance."

9)

The minimum length of sag vertical curves shall be 100 feet. For residential 2 and non-residential class streets, minimum sag vertical curve length shall be ten times the algebraic difference in grades, but in no case shall be less than 100 feet.

10)

Sight distances at intersections shall be determined by the posted speed limit of the street (existing city road, county road or state highway) onto which a vehicle must turn. Such distances shall be measured beginning from a point established 15 feet from the edge of the travel way on the centerline of the egress lane at a height of three and a half (3½) feet above the finish grade elevation. The line of sight is then extended the minimum required distance on either side to the centerline of the road terminating at a point two feet above the finish grade elevation (see standard detail 204 "Intersection Sight Distance Requirements for Driveways and Side Streets").

11)

If a subdivision street accesses a city, county or state road, the design consultant shall verify the intersection stopping distance and shall determine if hidden dips occur on the city, county or state road which will impact the proposed access point.

12)

Roads may be constructed across an existing or proposed dam. The appropriate state approved professional shall provide a report certifying that the existing or proposed dam is structurally capable of supporting the road. Any road across a dam shall be a private street. Ingress and egress easements, not right-of-way, shall be granted. A second point of access to the each residence must be provided. The section of road across the dam, and the dam itself, shall be maintained by the subdivision property owners or a mandatory homeowners' association.

B.

Residential street design requirements.

1)

Residential streets shall be classified into a street hierarchy system for design and construction purposes. Street design standards in residential subdivisions shall be based on road function and the number of dwelling units (d.u.) served by the street. Residential street classifications and their corresponding dwelling unit thresholds are shown in table 109-1:

Table 109-1 Residential Street Hierarchy System

2)

Apartment, condominium, and mobile home park streets shall be designed and constructed to the same standards as other residential streets.

3)

Depth requirements.

a.

Depth checks on base material and asphalt cores shall be taken at random locations at 500-foot intervals along each travel lane staggered in each direction and at a minimum of one per lane and at each cul-de-sac.

b.

Any area found deficient shall be brought up to the required thickness prior to placing any additional layer of material.

c.

All asphalt core holes shall be filled with hot mix asphalt of similar grade prior to approval of the final plat.

4)

The following residential street design standards, shown in table 109-2, shall apply to all public and private streets in residential subdivisions. See standard detail 201 "Residential Streets."

5)

Design requirements for arterial and collector streets in residential subdivisions shall be based on AASHTO and Georgia DOT standards, and approved by the city engineer.

Table 109-2 Residential Street Design Standards

¹  Private streets shall be built to city standards. See section 109.03.09, Private streets.

²  The applicant shall demonstrate to the city engineer that the distribution of traffic to the proposed residential street system shall not exceed the dwelling unit thresholds for any of the proposed street classifications. Submitted construction plans must indicate the number of lots being served by each street for subdivisions that contain 401 lots or more (see table 109-1).

³  Minimum pavement width does not include curb and gutter.

⁴  See also the paving requirements contained in section 109.03.05.

⁵  For residential 2 streets, sag length will be calculated as ten times the algebraic difference in grades, with a minimum allowable sag length of 100 feet.

⁶  Greater crest lengths may be required based on the minimum stopping sight distance requirements. See standard detail 203 "Minimum Stopping Sight Distance."

C.

Non-residential street design requirements.

1)

Non-residential streets shall be classified into a street hierarchy for design and construction purposes. Street design standards in non-residential subdivisions shall be based on road function and the average daily traffic (ADT) the street will accommodate, as determined in the current edition of ITE's Trip Generation manual. Non-residential street classes and their corresponding ADT thresholds are:

Non-residential: 0—10,000 ADT

2)

Pavement depth shall be based upon projected traffic loads designed by a professional engineer currently registered in the State of Georgia but in no event shall it be less than 8"/2"/1½".

3)

Arterial or collector streets shall be required when ADT generated by the development will exceed 10,000 daily trips. Street design requirements for arterial and collector streets shall be based on AASHTO and Georgia DOT standards, and approved by the city engineer.

4)

Jogs in the centerline, pavement, or right-of-way shall not be permitted for residential or non-residential streets.

5)

The applicant shall demonstrate to the city engineer that the distribution of traffic to the proposed street system shall not exceed the ADT thresholds for any of the proposed street classifications.

6)

All non-residential streets shall be constructed with curb and gutter, except for those non-residential streets serving developments where the minimum lot size is five acres or larger. Non-residential subdivision curb and gutter may be either vertical faced or rollover.

7)

Grading and embankment specifications are the same as section 109.03.02 (Roadway grading requirements).

8)

The following non-residential street design standards, shown in table 109-3, shall apply to all public and private streets constructed in non-residential subdivisions. See standard detail 202 "Non-Residential Streets" in chapter 112.

Table 109-3 Non-Residential Street Design Standards (Non-Residential)

¹  Minimum pavement width does not include curb and gutter.

²  For non-residential streets, sag length will be calculated as ten times the algebraic difference in grades, with a minimum allowable sag length of 100 feet.

³  Greater crest lengths may be required based on the minimum stopping sight distance requirements. See standard detail 203 "Minimum Stopping Sight Distance."

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All streets and roads shall be graded to their full width by the subdivider so that pavements and sidewalks, where required or proposed for future installation, can be constructed on the shoulder as shown in standard detail 201 "Residential Streets" and standard detail 202 "Non-Residential Streets."

B.

The entire area within the typical grading section shall be cleared and grubbed of all trees, bushes, stumps and debris. Such debris shall be disposed of in a lawful manner, and shall not be buried in the right-of-way.

C.

Embankment.

1)

The embankment shall be constructed in parallel layers.

2)

The material shall be deposited and spread in uniform, horizontal layers not more than eight inches thick, loose measurement, for the full width of the cross-section where practicable, and these layers shall be kept uniform by the use of motor graders, bulldozers or other approved equipment.

3)

Embankment shall be compacted to at least 95 percent of the maximum laboratory dry density.

4)

Each layer shall be compacted within the range of optimum moisture content to permit the specified compaction. Successive layers shall not be constructed on previous layers that exhibit excessive pumping under construction equipment regardless of compaction. Material containing too much moisture shall be dried to the moisture content necessary to obtain stability and compaction.

5)

If the material is too dry, water shall be added and uniformly mixed with the soil to the extent necessary to obtain stability and compaction.

6)

Embankment at bridge structures shall be compacted to at least 100 percent of the maximum laboratory dry density for the full depth of the embankment, beginning at the top of the slope and extending 100 feet from the end of the bridge.

7)

Embankments at structures.

a.

No rock more than four inches in any diameter shall be placed within two feet of any drainage structure.

b.

Before any traffic is allowed over any structure the contractor shall provide sufficient depth to adequately protect the structure from damage or displacement.

8)

Compaction of the embankment shall be accomplished by the use of a sheep's foot roller or other approved method.

9)

Embankment compaction tests shall be taken at an interval not exceeding 5,000 cubic yards or one per day. Compaction test results shall be reported to the city inspector immediately after results are obtained.

10)

All areas that are not accessible by a roller shall be required to use an approved mechanical tamper to achieve compaction. The density requirements of this UDC shall apply.

11)

Compaction backfill for minor structures shall be placed in uniform six-inch layers compacted to 95 percent of maximum dry density and the top 12 inches will be compacted to 100 percent of the maximum dry density.

12)

Utility trenches cut in the subgrade shall have the backfill material placed in uniform six-inch layers compacted to 95 percent of maximum density and the top 12 inches will be compacted to 100 percent of the maximum laboratory dry density.

13)

Compaction backfill for minor structures shall be taken at an interval not exceeding one per structure.

14)

Compaction test results shall be reported immediately after results are obtained to the city inspector.

D.

Cut and fill slope ratios shall start at the edge of the right-of-way and shall not exceed two-to-one (2:1). In lieu of a cut or fill slope, a retaining wall may be utilized where necessary with the approval of the city engineer.

E.

Cut or fill slopes shall be uniform for each section of cut or fill. When a cut made in rock requires blasting, the slope may be changed to a flatter slope upon written approval of the city engineer.

F.

If paving is to be delayed, provisions shall be made to drain low points in the roadway. If curbing has not been installed, a break in the berm section may be provided. If curbing is in place, pipe sections which are functioning and maintained shall be used to provide drainage under the curb to side slopes.

G.

It is expressly reserved by the City of Canton that any and all reasonable inspections of roads under construction in a subdivision may be initiated at any time by the City of Canton. All work must be approved by the city engineer prior to placement of base material. It is the City of Canton's right to inspect and verify that road grading specifications have been met.

H.

In the event that the city inspector is not available at the time of the proof roll and the developer has notified the city inspector by telephone or e-mail at least 24 hours prior to the proof roll, then the developer may proceed under the direction of a city-approved geotech. The developer shall thereby be required to proceed by following the recommendations of the city-approved geotech.

(Ord. No. 2014-18, § 2, 8-21-2014)

The entire surface of the in-place subgrade shall be plowed, harrowed and mixed to a depth of at least six inches. After the material has been thoroughly mixed, the top 12 inches of subgrade shall be brought to grade and compacted to 100 percent of the maximum laboratory dry density as tested for both cut and fill sections at a frequency of one test for every 1,000 lineal feet of roadway for a two-lane road with a minimum of one test per street and at all low points and storm drain crossings.

A.

Compaction of the subgrade will be accomplished by the use of a sheep's foot roller. In all places that are not accessible by a roller, the required compaction shall be secured by the means of approved mechanical tampers. The same density requirements as stated above shall apply.

B.

Prior to placing any subsequent layers of base and paving materials, the subgrade shall have sufficient stability to support construction equipment without excessive movement regardless of compaction. The city inspector may direct the contractor to proof roll the subgrade with a loaded dump truck.

C.

If any sections of subgrade are composed of unsuitable or unstable material, such material shall be removed to a depth directed by the city inspector or the approved geotech engineer, replaced with suitable dry material and compacted to 100 percent of maximum laboratory dry density.

D.

The surface of the completed subgrade shall be bladed to a smooth and uniform texture. The centerline profile shall conform to the established elevations with an acceptable tolerance as established by this UDC.

E.

No graded aggregate materials shall be placed on a muddy or frozen subgrade.

F.

Test results shall be reported immediately after results are obtained to the city inspector.

G.

No graded aggregate material shall be placed on the subgrade until passing compaction results are reported to the city inspector.

H.

When a street will be used for construction traffic before paving work is completed, a layer of #3 stone shall be laid as a traffic surface at the entrance of the subdivision for a distance of 50 feet. The developer shall maintain at all times a construction entrance until the graded aggregate base has been approved. This material shall not be used as part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving. An alternative method of protecting the base material and the existing street may be used if approved by the city engineer.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

This work shall consist of constructing a base of mineral aggregate on a prepared subgrade in accordance with these specifications and in reasonable close conformity with the lines, grades, thickness and typical cross-sections shown on the plans or established by the city engineer.

B.

All equipment necessary for the proper construction of the base shall be on the project and in satisfactory condition before construction will be permitted to begin.

C.

No graded aggregate base shall be placed on muddy or frozen subgrade.

D.

The materials shall be spread uniformly to the proper depth to obtain the specified thickness. Graded aggregate materials containing frost or frozen particles shall not be placed.

E.

The moisture content of the mixture of materials at the time of compaction shall be uniformly distributed and shall be adequate to allow compaction to the specified density. After the material placed has been shaped to line, grade and cross-section, it shall be rolled until the course has been uniformly compacted to at least 100 percent of the maximum dry density when group 2 aggregate in used, or to at least 98 percent of maximum dry density when group 1 aggregate is used. Compaction tests shall be taken at an interval not exceeding one per 1,000 feet per two lanes of road way with a minimum of one test per street.

F.

The compacted base shall have sufficient stability to support construction equipment without pumping regardless of compaction. If the base material becomes unstable as a result of too much moisture, the base material and the underlying subgrade if necessary shall be dried and reworked to a moisture content that will provide stability and compaction.

G.

At all places not accessible to the roller, the required compaction shall be secured by means of approved mechanical tampers. The same density requirements as stated above apply.

H.

The finished surface of the base shall be checked by a system of ordinates measured from a stringline. Ordinates measured from the bottom of the stringline to the surface shall not exceed one-quarter-inch at any point. Any variations found in excess of these requirements shall be immediately corrected.

I.

The base shall be maintained and cured for a minimum of 24 hours during the compaction testing, proof-rolling, and priming process before any pavement can be placed.

J.

This maintenance shall consist of such additional wetting, rolling and blading as may be necessary to maintain true grade, crown and cross-section. This preservation does not relieve the contractor of his responsibility to maintain the work until final acceptance.

K.

Depth checks shall be taken at random locations at 500-foot intervals along each road. The thickness of the base shall be determined by making as many checks as necessary to determine the average thickness.

L.

Any area deficient in thickness by more than one-half-inch shall be corrected by adding additional quantities of the same materials and scarified and rebuilt to the design thickness.

M.

When graded aggregate base is used under asphaltic concrete less than five inches, bituminous prime shall be applied.

N.

Test results shall be reported immediately after results are obtained to the city engineer.

O.

No asphalt material shall be placed on the graded aggregate base until passing results and depth checks are reported to the city engineer.

P.

The theoretical maximum dry density shall be established Using Test Method GDT-49 of the Georgia DOT Sampling, Testing and Inspection Manual.

Q.

Graded aggregate base shall meet the requirements of Georgia DOT specification #815 and produced from an approved DOT source.

R.

Non-compliance in graded aggregate base may be corrected by scarifying in asphalt screenings (when too coarse) or coarse aggregate (when too fine). The scarifying operations produce a uniformly graded lift in compliance with all specification requirements and reasonably close to the theoretical density gradation. The lift thickness and compaction requirements are maintained. The scarifying operation should be accomplished without soil contamination. The blend materials are to be acquired from the same source as the base material. All areas that have been blended to produce specification compliance will be verified through additional project testing before placing asphalt.

S.

If the contractor and/or materials supplier is unable to meet all of the above, areas of non-compliance should be removed and replaced with acceptable materials.

T.

Graded aggregated base must pass proof rolling prior to placement of asphalt.

U.

A job mix formula for each type of asphaltic concrete mixture to be used shall be submitted for approval in writing to the city engineer. All proposed job mix formulas shall be submitted one week prior to beginning mixing operation. The contractor may, at any time after construction has started, request that the job mix formula be revised as necessary and submit a revised formula for consideration.

V.

Asphalt plants shall be on the Georgia Department of Transportation's approved list.

W.

All equipment for transporting and construction of hot mix asphaltic concrete shall be approved by the city inspector. The equipment shall be in satisfactory mechanical condition and capable of its intended function at all times during productions and placement operations. The contractor shall provide sufficient hand tools and power equipment for cleaning the roadway surface prior to the placement of the bituminous tack coat.

X.

The bituminous pavers used for placement of hot mix asphaltic concrete shall be capable of spreading and finishing all courses to the indicated widths and depths, true to line, grade, and cross-section, and shall be capable of striking a smooth finish, uniform in density and texture.

Y.

The compaction equipment must be in good mechanical condition and capable of compacting the mixture to the required density. The number, type, size, operation, and condition of the compaction equipment shall be subject to the approval of the city engineer.

Z.

Trucks used for hauling bituminous mixture shall have tight, clean smooth beds. An approved releasing agent from the approved qualified product list of the Georgia Department of Transportation may be used in the beds of the transporting vehicles shall prevent the mixture from adhering to the beds. The releasing agent shall not be detrimental to the mixture and shall be applied in such a manner that the excess will be drained from the bed prior to loading.

AA.

Diesel fuel shall not be allowed in the beds of vehicles transporting asphalt.

BB.

Each haul vehicle shall use a waterproof cover large enough to extend down over the side and ends of the bed far enough to protect the mixture and shall be securely fastened while in transit. Adequate provisions shall be made to assure the mixture will be delivered to the roadway at a temperature within +/-20 degrees Fahrenheit of that specified on the job mix formula.

CC.

The city-approved geotech shall test the temperature of the job mix within the first three trucks to ensure that the temperature meets the requirements of this UDC. The geotech shall fax a certified letter stating that the job mix temperature is in compliance with this UDC.

DD.

Weather limitation. See table 109-4.

Table 109-4 Weather Limitation Requirements

EE.

Cleaning of existing surface. Before beginning the application of any hot mix asphaltic concrete pavement, the existing surface shall be cleaned to the satisfaction of the development inspector.

FF.

Bituminous tack coat. The application rate shall be approved by the city engineer and will be within the limitation as shown in table 109-5:

Table 109-5 Bituminous Tack Coat Application

GG.

Spreading operations.

1)

Upon arrival at the point of paving operations the mixture shall be unloaded into the paver hopper from the delivery vehicles and transferred into the spreader.

2)

The mixture shall be spread by means of a mechanical spreader, true to line, grade, and cross- section specified and to the loose depth that will result in the specified compacted thickness or the specified rate of spread.

HH.

Truckloads of mixture that are visually inspected by the city inspector and can reasonably be expected not to meet these specifications, such as a mixture containing segregated material, nonconforming to temperature, a deficiency or excess of asphalt content, or otherwise unsuitable for placing on the roadway shall not be used in the work. Any mixture containing segregated spots, deficiency of excess of asphalt content, or otherwise unsuitable that is placed on the roadway shall be removed and replaced with satisfactory material.

II.

Rolling operation.

1)

The type of equipment used for compacting the material shall be approved by the city inspector.

2)

Rolling shall be started as close behind the spreader as possible without excessive distortion and shall be continued until roller marks are no longer visible.

3)

The approved compacting equipment shall be used on all subsurface courses.

JJ.

Plant production, transportation and paving operations shall be so coordinated that a uniform continuity of operation is maintained.

KK.

One asphalt concrete extraction test per type mix shall be taken at an interval not exceeding 500 tons or one per type mix per day. Extraction test results shall be reported to the city engineer daily.

LL.

If the acceptance test for asphalt cement content exceeds two-tenths from the approved job mix formula, the contractor will make the necessary adjustment to the mix to bring the asphalt cement back to the approved job mix formula.

MM.

If the acceptance test for asphaltic concrete "B" exceeds 4.1 on the three-eighths-inch sieve or 3.6 on the no. 8 sieve from the approved job mix formula, the contractor will make the necessary adjustment to the mix to bring the gradation back to the approved job mix formula.

NN.

If the acceptance test for asphaltic concrete "F" exceeds 3.8 on the no. 4 sieve or 3.2 on the no. 8 sieve from the approved job mix formula, the contractor will make the necessary adjustment to the mix to bring the gradation back to the approved job mix formula.

OO.

If the acceptance test for asphaltic concrete "E" exceeds 5.6 on the no. three-eighths-inch sieve or 4.8 on the no. 8 sieve from the approved job mix formula, the contractor will make the necessary adjustment to the mix to bring the gradation back to the approved job mix formula.

PP.

Asphaltic concrete compaction test for each mix shall be taken at an interval not exceeding one per 500 linear feet per travel lane of roadway and in each cul-de-sac with a minimum of one test per street.

QQ.

The target density will be set at 94 percent of the theoretical voidless mix for 50 blow marshall design.

RR.

The asphalt shall be rolled and compacted to at least 97.5 percent of the target density.

SS.

Three asphalt cores will be taken from the first day's production for each type mix to determine if compactions are meeting the 97.5 percent of target density. If the compaction does not equal or exceed 97.5 percent of target density, the contractor will establish a new rolling pattern to achieve the 97.5 percent of target density.

TT.

Compaction test results shall be reported daily to the city inspector immediately after results are obtained.

UU.

In the event that a majority of a pavement course is in place and found to be deficient in density, it will be left to the discretion of the city engineer as to what course of action to take in regarding the corrective action. Removal and replacement may be a possible course of action based on city engineer discretion.

VV.

The thickness of the asphaltic concrete "B" or surface course shall be determined by taking as many cores as necessary to determine the average thickness of the course. A minimum of one core per 500 feet per two lanes of roadway shall be taken randomly for thickness determinations with a minimum of one test per street.

WW.

Any core found deficient shall be brought up to the required thickness prior to placing any additional layer of material.

XX.

All asphalt core holes shall be filled and compacted with hot mix asphalt of a similar grade prior to approval of the final plat. See table 109-6.

Table 109-6 Asphalt Core Hole Fill/Compaction

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Residential. Residential paving requirements are as follows in table 109-7:

Table 109-7 Residential Paving Requirements

¹

Pavement design for residential 2 streets shall be based on AASHTO and Georgia DOT standards, and approved by the city engineer, or supporting documentation from a professional engineer currently registered in the State of Georgia stating design requirements for residential 2 streets. But in no event shall the paving requirements be less than 8"/2"/1½".

B.

Non-residential. Non-residential paving requirements are as follows in table 109-8:

Table 109-8 Non-Residential Paving Requirements¹

¹

For subdivisions in commercial and industrial zones, pavement design shall be based on projected traffic loads. Pavement design shall be based on AASHTO and Georgia DOT standards, and approved by the city engineer, or supporting documentation from a professional engineer currently registered in the State of Georgia. In no event shall the paving requirements be less than 8"/2"/1 ½".

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Concrete curb and gutter shall be required for all paved streets.

B.

Residential subdivision curb and gutter may be either vertical faced or rollback.

1)

Residential subdivision vertical faced and rollback curbing shall have a typical minimum section of six inches by 24 inches by 12 inches.

2)

The concrete shall have a minimum compressive strength of 3,000 PSI at 28 days.

3)

Vertical faced curb and gutter shall be used at all subdivision entrances, deceleration lanes and downhill culs-de-sac.

4)

See standard detail 207 "Curb and Gutter Cross Sections."

C.

Non-residential subdivision curb and gutter may be either vertical faced or rollback.

1)

Non-residential subdivision vertical faced curbing shall have a typical minimum section of six inches by 24 inches by 12 inches.

2)

Non-residential subdivision rollover curbing shall have a typical minimum section of six inches by 24 inches by nine inches.

3)

The concrete shall have a minimum strength of 3,000 PSI at 28 days.

4)

See standard detail 207 "Curb and Gutter Cross Sections."

D.

Parallel curb lines shall be at the same elevation on each side of the street at the same station except for intersections and approved super-elevated sections.

E.

One-half-inch expansion joints or pre-molded bituminous expansion joint material shall be provided at all structures and radius points and at intervals not to exceed 500 feet in the remainder of the curb and gutter. Provide construction joints at intervals not to exceed 20 feet.

F.

Cracks in the concrete are permissible provided that there is no vertical or horizontal displacement. The development inspector shall determine when cracked curb shall be replaced by the developer.

G.

Graded aggregate base shall be placed under the curb and gutter for all roadways.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Street intersections shall be as nearly at right angles as possible, but in no case shall a street intersection be at an angle of less than 90 degrees. The 110 degree angle of the intersection should be directed towards the approach with the highest volume of traffic.

B.

Interior street jogs or intersections shall have centerline offsets of a minimum of 125 feet. Exterior street jogs or intersections shall have centerline offsets of a minimum of 250 feet.

C.

Islands at intersections shall meet sight distance requirements established by AASHTO and the Georgia DOT, and the developer shall submit a maintenance agreement satisfactory to meet the city attorney's approval. Anything extending more than three feet above the top of the curb within the right-of-way of the intersecting streets shall require approval by the city engineer.

D.

Right-of-way shall be mitered at all roadway intersections so as to provide a minimum of 13 feet of right-of-way for utility placement as measured from the back of curb.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All permanent dead-end streets shall be constructed as culs-de-sac with a turn-around provided at the closed end. Culs-de-sac shall be constructed according to their street level classification.

B.

Residential culs-de-sac shall have a right-of-way radius of at least 55 feet, and a pavement radius of at least 40 feet, as measured to the back of the curb. See standard detail 205 "Cul-de-sac Details."

C.

Non-residential culs-de-sac shall have a right-of-way radius of at least 75 feet, and a pavement radius of at least 60 feet, as measured to the back of the curb. See standard detail 205 "Cul-de-sac Details."

D.

Islands at intersections shall meet sight distance requirements established by AASHTO and the Georgia DOT, and the developer shall submit a maintenance agreement satisfactory to meet the city attorney's approval. Anything extending more than three feet above the top of the curb within the right-of-way of the intersecting streets shall require approval by the city engineer.

E.

If a street is planned to be terminated as a cul-de-sac the subdivider may not utilize a vacant lot to extend the street to an adjacent property without proper notification of affected property owners. Such a change in the construction plans shall be considered a variance and must be submitted to the board of zoning appeals for review and approval.

F.

In the event that a cul-de-sac is used to terminate a street which abuts an adjacent property that has no other access but to use the street and cul-de-sac as the only access then the developer shall cross hatch the cul-de-sac and place a reversion clause on the final plat notifying all who will purchase a home/lot in the development that in the future the cul-de-sac may be removed allowing for access to the development of the rear property.

(Ord. No. 2014-18, § 2, 8-21-2014)

All private streets shall require the approval of the community development director and the city engineer, and shall be built to city standards. The following requirements shall also apply:

A.

A homeowner's association document requiring the subdivision property owners to maintain all private streets shall be recorded with and denoted on the final plat.

B.

Also, on the final plat it should be denoted that this is a private subdivision and not maintained by the city. See also the standards for all development and land uses section (design standards for lots, all development subsection) in chapter 103 for plat requirements.

C.

If requested by all the homeowners, the streets may become city accepted only if they are brought up to existing city standards.

D.

All private streets shall be constructed to city standards.

E.

Private streets shall only be allowed within gated or secured developments. Street signs within these developments shall contain the words "Private Streets" on each sign.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018)

A.

All required street name signs, traffic control signs and other traffic control devices shall be installed by the developer.

B.

The design and placement of all traffic control devices shall meet the requirements of the Manual on Uniform Traffic Control Devices. The design professional shall show the placement of all required street markers.

C.

The installation and perpetual maintenance of non-standard traffic control devices shall be the responsibility of the developer and the homeowners association.

1)

All nonstandard traffic control devices shall provide "break-away" features and/or other appropriate safety measures prior to installation.

2)

The number, type and location of all traffic control devices shall be approved by the city engineer.

D.

See section 109.03.09.D for requirements pertaining to private streets.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Concrete sidewalks shall be required in all residential developments, and on all roads for commercial and industrial developments. Sidewalks shall be provided and located on both sides of all road frontages (existing and proposed); both public and private.

B.

When a subdivision project abuts a public right-of-way, sidewalks shall be required for a length equal to the distance of the required road improvements along the road frontage. Sidewalks will be constructed on both sides of the road (if development abuts both sides of the road) when the road is classified as an arterial, major collector or minor collector roadway.

C.

The concrete sidewalk shall be four inches thick, shall have a maximum side-to-side slope of one-quarter-inch per foot, and shall have a minimum compressive strength of 3,000 PSI at 28 days.

D.

Sidewalks shall be constructed per standard sidewalk detail #213.

E.

Sidewalk location and width requirements.

1)

Sidewalks located within one foot of the curb shall have a minimum width of six feet.

2)

Sidewalks located within one to four feet from the curb shall have a minimum width of five feet.

3)

Sidewalks located greater than four feet from the curb shall have a minimum width of four feet.

F.

Sidewalks shall be located as stated in subsection E above, but not less than one foot from the property line to prevent interference of encroachment by fencing, walls, hedges or other planting or structures placed on the property line at a later date.

G.

Amenity areas must be accessible by sidewalks from the nearest sidewalk in the subdivision.

H.

All sidewalks, crosswalks, handicap ramps and access to amenity areas shall be constructed in compliance with the 2010 Americans with Disabilities Act Accessibility Design Guidelines (ADAAG) and the Americans with Disabilities Act (ADA) of 1990.

I.

Handicapped access ramps and curb cuts shall be provided at all street intersections.

J.

No certificate of occupancy will be granted for any specific lot that the installation of sidewalks is required until they are constructed.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Access to every development shall be provided over an existing public street. Existing developments with private streets can be continued without additional access to a public street, subject to subsection B below.

B.

Access means a point of entrance to and a point of exit from land adjacent to a public road.

C.

Where the property configuration prohibits or makes impractical the installation of two access points to an existing public street, and alternative access may be approved or this provision may be waived by the city council. In the event an alternative secondary access point is required and approved, said access point must be at least 20 feet wide and be constructed of asphalt, concrete, brick, cement pavers or other approved hard surface other than gravel or loose fill.

D.

When a new access point for a development is provided from an existing county road, it shall be permitted and approved through Cherokee County. The developer shall provide approval by Cherokee County for existing county road improvements.

E.

Any development accessed by a city road shall conform to city standard details.

F.

Access onto a state road shall meet existing Georgia DOT requirements.

1)

Before the plans can be approved, a copy of the Georgia DOT permit or D.O.T. letter of intent shall be submitted to the city stating that a curb cut will be granted as long as the applicant meets all D.O.T. standards.

2)

The submitted construction plans must indicate by a note on the preliminary plat that the plans have been approved subject to all modifications or requirements placed upon the development by the Georgia DOT.

G.

Deceleration lane and taper length shall be based on the main roadway posted speed limit as follows (see table 109-9). The city may require residential subdivisions exceeding 125 units or at its discretion below 125 units to install longer deceleration lanes and/or a center turn lane. If the city determines that the entrance onto a city roadway could result in a safety problem then the City of Canton may require the developer to present a traffic study to address any safety concerns.

Table 109-9 Deceleration Lane and Taper Length

H.

The minimum pavement width of a deceleration lane shall be 12 feet, and the minimum turning radius shall conform with standard detail #206. The minimum pavement design for the proposed deceleration lane shall match the subdivision street shall be 6"/2"/1½" or match the existing pavement specification, whichever is greater.

I.

Additional street right-of-way necessary for deceleration lanes shall be dedicated as needed, and as illustrated in standard detail 206 "Subdivision Entrance Intersection."

J.

The cross slope of any deceleration lane shall follow the crown or super elevation of the existing street. A minimum of one-quarter-inch per foot shall be maintained.

K.

Vertical faced curb and gutter is required through the radius, excluding the tapers.

L.

The developer shall be responsible for the costs of any utility relocation or catch basins that must be constructed.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2017-0817-2, § 1, 8-17-2017; Ord. No. 2019-0117-08, 1-17-2019)

Residential Driveways

A.

Definitions.

1)

Driveway approach. Paved or otherwise delineated area on the right-of-way between the roadway and private property intended to provide access for vehicles from a roadway to private property.

2)

Driveway. Paved or otherwise delineated area off the street right-of-way used for the access of private property.

B.

Permit.

1)

Each new driveway that is not part of a larger development will be required to obtain a residential driveway permit from the community development department.

C.

Driveway design.

1)

Location.

a.

Only one driveway shall be permitted for each parcel of two acres or less unless otherwise approved by the city.

i.

A second curb cut to a single-family residence shall not be approved unless the property has at least 120 feet of frontage along a single public street or is a corner lot.

I.

A minimum of 27 feet must separate each driveway approach.

II.

For circular driveways, the secondary approach is limited to a maximum 12 feet in width.

ii.

More than two curb cuts are prohibited.

b.

Driveways shall not be located within 35 feet of a roadway intersection.

c.

Driveways shall not be installed closer than ten feet to a catch basin, as measured along the gutter line from the centerline of a catch basin to the nearest edge of the driveway.

d.

Driveways shall be located a minimum five feet from neighboring properties, including radii, as measured along the right-of-way line.

2)

Spacing.

3)

Widths.

a.

Within the right-of-way the driveway width shall be 12-foot minimum and 24-foot maximum, not including radii.

4)

Grades.

a.

Residential driveways grades within the right-of-way shall be two percent minimum and six percent maximum.

b.

Driveway grades on private property shall not exceed 11 percent.

c.

Slopes through sidewalks shall not exceed two percent.

5)

Sight distance.

a.

No tree, shrub, or other obstruction may be placed adjacent to a driveway if it may impair sight distances.

6)

Turn radius.

a.

The driveway radii shall be three-foot minimum and six-foot maximum.

b.

Within the right-of-way the driveway approach shall be at a 90-degree angle (+/-) 15 degrees to the roadway.

7)

Materials.

a.

Driveways shall be asphalt, concrete or permeable pavers unless otherwise approved by the city. If gravel is approved, a minimum of 25 feet or to the edge of the right-of-way, whichever is greater, shall be paved with asphalt, concrete or permeable paver.

8)

Shared driveway.

a.

Documents describing easement rights and maintenance details shall be recorded and provided with permit application.

b.

A shared driveway providing access to multiple properties shall have a travel surface a minimum of 20 feet in width.

D.

Utilities.

1)

Driveway approaches must not be located within a utility easement where an installed utility is known to exist or where a drainage easement is located.

2)

No water meters, sanitary sewer cleanouts, water valves, water hydrants or other utility boxes may be placed within a driveway or driveway approach unless previously approved. Any utility placed within the driveway or driveway approach shall be traffic rated.

E.

Erosion protection and sediment control.

1)

Driveways are subject to all erosion protection and sediment control requirements as stated in the City of Canton Development Code. These requirements will be inspected and enforced by the City of Canton and failure to comply may result in the issuance of a "Stop Work Order" and/or penalties until compliance is accomplished.

Non-Residential Driveways

A.

Non-residential driveways shall be permitted with the overall site plan. Additional driveways for existing non-residential properties shall be permitted as a civil site plan as per section 8.02.05 and section 8.03.00 of the City of Canton Development Code.

B.

All driveways providing access to the street shall be designed as illustrated in standard detail 209 "Non-Residential Driveway" and standard detail 210 "Non-Residential Driveway on Existing Street Landing Requirements."

C.

All non-residential subdivisions will install a full deceleration lane, offset radii and tapers.

D.

All driveways are subject to all erosion protection and sediment control requirements as stated in the City of Canton Development Code. These requirements will be inspected and enforced by the City of Canton and failure to comply may result in the issuance of a "Stop Work Order" and/or penalties until compliance is accomplished.

(Ord. No. 2019-0117-05, 1-17-2019)

Editor's note— Ord. No. 2019-0117-05, adopted January 17, 2019, amended § 109.03.13 in its entirety to read as herein set out. Former § l09.03.13, pertained to development entrances, non-residential, and derived from Ord. No. 2014-18, adopted August 21, 2014.

A.

Stub-out streets shall not be allowed, except at unit lines. A temporary turn-around is required when the street length exceeds 150 feet.

B.

A temporary turn-around shall be maintained for a period not to exceed 24 months. All such turn-arounds shall, at a minimum, be constructed with six inches of graded aggregate base, and have a minimum radius of 40 feet.

C.

Where temporary turn-arounds are permitted, the city engineer may require a performance guarantee for completion of a cul-de-sac. The community development director or city engineer may also require that the final plat record sufficient right-of-way to construct a permanent cul-de-sac. The additional right-of way shall revert to the adjacent property owner.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

street names shall require the approval of the community development department and the Cherokee County Addressing Services.

B.

Streets that are obviously in alignment with streets within the same subdivision development shall be given the same name.

C.

The names of new streets shall not duplicate or closely approximate those of existing streets in the City of Canton and Cherokee County.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Quality control testing which is a part of roadway construction will be performed by a reputable professional geo-technical and testing engineering company that will be employed by the developer and all associated costs will be paid by the developer.

B.

All construction shall be inspected and approved by a City of Canton Development Inspector.

C.

The following information is required on the compaction and depth check reports submitted by the approved geotechnical engineer to the city engineer:

1)

Subdivision name.

2)

Street name.

3)

Station number or structure number.

4)

Location.

5)

Percent compaction required.

6)

Percent of compaction tested.

7)

Passed or failed statement.

8)

Thickness required.

9)

Thickness testing results.

10)

Any rechecking of failed compactions.

11)

Maximum dry density, in-place density and percent of moisture for each test.

12)

Location of aggregate quarry.

13)

Asphaltic compactions:

a.

Theoretical.

b.

Target density.

c.

In-place dry density.

d.

Percent compaction required.

e.

Percent of compaction tested.

f.

Type mix.

g.

Passed or failed statement.

h.

Subdivision name.

i.

Street name.

j.

Date of test.

k.

Location and station number.

l.

Location and name of asphalt plant.

14)

Asphaltic concrete job mix formula:

a.

Design mix and graduation and ac content.

b.

Design temperature.

c.

Theoretical.

d.

Type mix.

e.

Plant Location.

15)

Asphaltic extractions:

a.

Subdivision name.

b.

Date and time of test.

c.

Location and name of asphalt plant.

d.

Type -ix.

e.

Acceptance test — percent passing each sieve and percent of asphalt.

f.

Percent passing each sieve and ac content from job mix formula.

g.

Temperature of asphaltic concrete mix and time of sampling.

h.

Correction made to asphaltic concrete mix shall be documented in extraction report.

i.

Tons of asphalt of each type mix ran each day.

16)

The developer must contact the city engineer by telephone or e-mail within 24 hours of any testing procedures. If the city engineer does not respond within 24 hours, the developer may proceed with testing using an approved geotechnical engineer. All testing procedures shall be done at locations on the project at the direction of the city representative while both the testing technician and the city representative are present on the project, unless otherwise directed by the city representative, so that test results can be given directly and additional tests may be ordered if necessary.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Rights-of-way for all proposed and existing public streets shall be dedicated to the City of Canton as stipulated in the provisions of this UDC.

B.

No landscape irrigation systems will be authorized for installation in a dedicated street right-of-way without a permit from the City of Canton Engineering Department. The applicant within city right-of-way must submit a site plan indicating the locations of the irrigation systems along with a liability waiver from the appropriate entity (i.e., homeowners association, owner, declarant) in the event that the city at some time in the future may damage, destroy or remove the system during a city road widening project.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

A detailed street light plan must be submitted for all new developments, including area along street frontage of existing streets.

B.

Lighting along the street must be installed at height approved by the city engineer.

C.

Street lights shall be located every 100 feet alternating each side of the road unless approved by the city engineer.

(Ord. No. 2022-0317-01, 3-17-2022)

A.

Stormwater management structures shall be provided by the developer as required by section 109.04.03 (Stormwater management facilities) of this UDC.

B.

The City of Canton Engineering Department will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual (latest edition) and any relevant local addenda, for the proper implementation of the requirements of this section. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.

C.

All proposed stormwater management structures shall be designed and certified by an appropriate state approved professional engineer, and shall be subject to the approval of the city engineer.

D.

Stormwater management structures shall be designed based on a 25-year storm event. The drainage formula used in design of all drainage structures shall be determined by the developer's appropriate state approved professional and based on sound engineering practice.

E.

All cross-drain pipes under streets carrying live streams and all bridges shall be designed for a 100-year storm event.

F.

A dam breach zone is required if an existing or proposed pond or lake is part of the proposed development. If there is an existing or proposed pond or lake, a geotechnical engineer must certify the integrity of the dam regardless of lot location. Certification that there is not a potential for a "Category 1" structure must be submitted as a part of the LDP review process (NOTE: Dam breach analysis is not required for dry detention ponds unless otherwise specified in this UDC).

G.

Subdrainage structures shall be installed as necessary to control surplus groundwater by intercepting side hill seepage or lowering or regulating the ground water level.

H.

Energy dissipation devices shall be installed at all discharge points of storm drains in compliance with the approved soil erosion and sediment control plan. At a minimum, an area of rip rap six times the pipe diameter in length and two times the pipe diameter in width shall be provided. If the exit velocity from the pipe will exceed ten fps, rip rap set in concrete, stilling basins, baffle wall basins, impact blocks or other energy dissipation devices approved by the city engineer shall be required.

I.

Concrete collars shall be installed on all storm drainage pipes having a slope of 20 percent or greater.

J.

Maintenance of all stormwater detention ponds either above ground or underground and all drainage easements outside of the city right-of-way shall be the responsibility of the owner or the homeowners association and agrees to perform annual inspections and provide all necessary maintenance.

K.

The City of Canton shall not be responsible for maintenance of any pipes, ditches, detention ponds or other structures within any drainage easement outside the city right-of-way.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Drainage easements shall be 20 feet wide for open channels, and easements shall be provided for all pipes, a width of four times the pipe's vertical depth.

B.

Drainage easements shall be provided where a subdivision is traversed by a watercourse, drainageway, natural stream or channel. They shall conform substantially to the limits of such watercourse plus any additional width as is necessary to accommodate flow boundaries generated from a 100 year storm event.

C.

Drainage easements off the street right-of-way shall be clearly defined on the final plat and the plat of the individual property owner. The City of Canton will not maintain drainage easements outside of the street right-of-way.

D.

The City of Canton maintains the right, but not the obligation to access drainage easements for emergency purposes as deemed necessary by the city engineer. The following statement shall appear on all final plats: "The City of Canton maintains the right to access drainage easements for emergency purposes as deemed necessary by the City Engineer."

E.

Drainage and sanitary sewer easements may be combined when both are piped, but must meet width requirements including ten-foot spacing between pipes.

F.

It is the policy of the City of Canton that drainage easements are dedicated to the public use are not accepted by the City of Canton for city maintenance and are not considered city property. Therefore, it is City of Canton Policy that no city forces or equipment shall be used to perform construction to any drainage easement within the City of Canton, unless said easement lies within City of Canton right-of-way and/or said work is necessary per subsection D above.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

General.

1)

All pipe installation and backfilling shall be in accordance with current Georgia DOT Standard Specifications for Construction of Roads and Bridges.

2)

A certification by the supplier of the specifications for each pipe shall be required before installation. All pipe manufacturers must be Georgia DOT approved.

3)

Before any traffic over a storm drain is allowed, the developer shall provide an adequate depth and width of backfill to protect the structure from damage or displacement. Any debris or silt that constricts the flow through a pipe shall be removed by the developer as often as necessary to maintain drainage. All pipe structures shall be cleaned before the work is accepted. Any damage or displacement that may occur due to traffic or erosion shall be repaired or corrected at the developer's expense.

4)

Between the bottom of the road base, or sub-base if used, and the exterior crown of any culvert, the minimum clearance shall be three feet or greater if required by Georgia DOT.

5)

A minimum one-foot clearance shall be maintained between underground utilities and the exterior crown or floor of culverts.

6)

Storm drainage pipe shall be bedded in "Type 57" stone, if the trench bottom material is not suitable for bedding.

7)

Drainage easements shall be cleaned and opened to the extent necessary for drainage purposes at the time of development to control surface water runoff. Runoff control from slopes and side slopes shall be specified by the developer's appropriate state approved professional, in accordance with sound engineering practice.

8)

Changes in the construction plans of storm drainage facilities caused by field conditions shall be made in compliance with section 108.04.01.K.1 ("Revisions to approved civil/site documents") of this UDC.

9)

Bridge piling shall be driven to Georgia DOT standards for loading. Certification of pile load shall be provided by a registered professional engineer.

10)

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

B.

Catch basins.

1)

The costs of any catch basins or drop inlets shall be the responsibility of the developer. These facilities shall be designed by the developer's appropriate state approved professional to Georgia DOT standards and shall be approved by the city engineer. Catch basins shall be located outside of intersection radii.

2)

The spacing of catch basins shall be as follows:

3)

These spacing requirements can be altered if justified by sound engineering practice. Gutter spread calculations may be required.

4)

Culs-de-sac on downhill street centerline grades shall have six-inch vertical curb and gutter along the circumference, beginning at the 25-foot transition radius and ending at the second 25-foot transition radius. A catch basin throat design or standard Georgia DOT detail shall be submitted for downhill street centerline grade culs-de-sac.

5)

A hooded inlet may be used in an intersection radius with approval of the city engineer.

C.

Piping.

1)

Storm drainage pipes shall be sloped so as to maintain a velocity of three fps to prevent the collection of sediment.

2)

Compaction test on all cross drain pipes within a roadway section shall be taken at intervals of one per line or one per day, whichever is greater. Compaction tests on all longitudinal pipe running from catch basin to catch basin shall be taken at intervals of one per two 250 feet or one per day, whichever is greater. All ditches shall be backfilled and compacted in eight-inch lifts. The minimum compaction is to be 95 percent in accordance with the standard proctor test and 100 percent for the top 12 inches.

3)

All drainage pipes in a city right-of-way shall be a minimum of 18 inches in diameter. No storm sewer parallel to any existing or proposed city roads shall be placed beneath a proposed deceleration lane without the approval of the city engineer.

4)

The inlet and outlet ends of all storm drain pipes for streets with speed limits of 35 miles per hour or greater, within or connected to city right-of-way, shall have concrete headwalls or a metal flared-end section with safety grates, or county-approved grate and frame, or raised pedestal drop inlets meeting the standards of the Georgia DOT.

5)

On only the downstream side of a roadway, storm drain pipes 36 inches in diameter or smaller shall extend into the rear building setback line, but not more than 120 linear feet from the right-of-way, for all zoning districts except the R-40 district. Storm sewer larger than 36 inches in diameter at a minimum shall extend from edge of right-of-way to edge of right-of-way. The drainage ditch on each end of the pipe shall be designed to limit runoff velocity to less than 5 fps or the ditch must be lined to prevent erosion.

6)

The maximum continuous length for pipes shall be 300 feet for pipes less than 42 inches. Junction boxes providing pipe access shall be constructed to current Georgia DOT standards. Junction box covers shall not be made of plastic.

7)

All man-made stormwater drainage ditches shall be designed by an appropriate State approved professional. The ditch profile and typical cross sections, including the velocity of flow, shall be shown on the plans. Maximum velocity for unlined ditches shall be five fps design flow.

8)

On all live streams, reinforced concrete pipes shall be used from headwall to headwall. Concrete headwalls are required for all pipes on live streams.

9)

Georgia DOT approved concrete pipe shall be used within city right-of-way.

10)

Outside of the right-of-way, where more than ten feet of fill will be located over the crown of the pipe, Georgia DOT approved concrete pipe shall be used from junction box to junction box, regardless of depth or slope.

11)

For the installation of pipes in live streams, the following is hereby required:

a.

A concrete pipe placed from zero feet to five feet in depth shall require a ten-foot minimum easement.

b.

If the pipe is to be placed at a depth of more than five feet in depth, a 20-foot easement shall be required for a concrete pipe and a ratio of four times the vertical depth shall be used for all pipes.

D.

Materials.

1)

The class or gauge of pipe under fill shall be determined using current Georgia DOT standards.

2)

All metal pipe shall be fully coated or aluminized with re-rolled ends.

3)

Reinforced concrete pipe shall be used in rights-of-way.

4)

High-density polyethylene pipe (HDPE) shall meet AASHTO M-294 Type "S" with an annular exterior and smooth interior.

a.

Pipe shall consist of a bell and spigot joint incorporating an F477 gasket to insure a leak-tight performance.

b.

Proposed subdivisions may utilize HDPE in all drainage areas, except in live streams or within the right-of-way.

c.

HDPE pipe shall be back filled by concurrently applying eight-inch lifts on each side of the pipe using two tamps (one for each side). Backfill soil shall conform to class II, B2 of the Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current edition.

E.

Driveway culverts.

1)

Each site shall be analyzed for stormwater runoff flow patterns.

2)

Where a wet weather stream exists between a proposed road and the building line on a lot, the design professional shall size the driveway culvert to convey runoff from the 100-year storm event without overtopping the driveway and maintain a minimum of three feet of freeboard.

3)

The construction plans and the final plat shall show the minimum driveway pipe size required and shall comply with all city standards for pipe installation.

F.

Stormwater detention.

1)

Stormwater management report required.

a.

Every project shall provide a stormwater management report prepared by a professional engineer currently registered in the State of Georgia that shall take into account the entire project area regardless of phasing.

i.

The purpose of this report shall be to formulate a plan to manage stormwater runoff so that stormwater runoff hazards are not created and existing runoff related problems are not exacerbated, either upstream or downstream from or within the boundaries of the property being developed.

ii.

The professional engineer shall be responsible for obtaining all information necessary for the report.

b.

The stormwater management report shall identify the locations and quantities of stormwater runoff entering and exiting the site for both pre- and post-developed conditions.

i.

Detention facilities shall be designed using pre-development flows based on existing on-site lakes and detention.

ii.

Post-development flows shall be based on onsite upstream areas being developed per the development plans and existing conditions for offsite upstream areas.

iii.

Existing conditions shall be defined as the conditions of the site at the time a land disturbance permit is applied for. The existing condition includes onsite lakes and ponds.

iv.

The report shall contain drainage area delineation maps and other exhibits at satisfactory scale and sufficient in quantity and scope to define the boundaries of the on-site and off-site areas, relative to watercourses, drainage divides, drainage structures, and other pertinent features including existing land use regarding ground cover.

c.

For the purposes of these regulations, the words "downstream" and "analysis" shall have the following meanings: The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage way "immediately" downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is ten percent of the total basin area. The following shall also be addressed:

i.

The report shall examine the conditions downstream of the project to a point where the project is ten percent of the total drainage basin;

ii.

The analysis must include all existing and potential erosion problems, existing drainage complaints, and any pertinent observations made by the professional engineer preparing the report. The downstream watercourses and receiving conveyance shall be analyzed to ensure that channel velocities do not exceed the non-erosive velocity of the stream;

iii.

Comparison of peak flows shall include the timing of the hydrographs; and

iv.

Hydrographs shall be based on the 24-hour storm type II event. The rational method may be used for basins less than 50 acres.

d.

The following criteria shall be evaluated by the professional engineer preparing the stormwater management report, and in determining whether or not detention should be required for any portion of any site:

i.

Existing land use downstream,

ii.

Anticipated future land uses downstream,

iii.

Magnitude of increase in peak flows due to development,

iv.

Presence of existing drainage problems,

v.

Capacity of existing drainage systems,

vi.

Creation of concentrated flows where none occurred previously,

vii.

Availability of feasible locations for detention facilities,

viii.

Existing flows generated off-site which pass through the project site,

ix.

The nature of the receiving water course.

2)

Stormwater detention required.

a.

Whenever a stormwater management report indicates that an adverse impact from stormwater runoff is expected to result from the development of a property, that project shall be required to provide stormwater detention facilities.

i.

The meaning of "adverse impact" shall apply when pre-development flows did not cause difficulties and post-development flows do. Difficulties shall include but are not limited to situations where 25-year velocities exceed the non-erosive velocity of the stream, and habitable structures are shown to be subject to increased depth of flooding for any frequency up to and including the regulatory flood.

ii.

The detention facilities shall be designed such that the peak flows from the developed site do not exceed those generated in the pre-development conditions at the project boundary.

b.

Stormwater detention facilities required by this chapter (see also section 109.04.04.E) shall be provided, unless the registered professional engineer preparing the stormwater management report certifies and provides certified documentation supporting the conclusion to the City of Canton Engineering Department that at least one of the following is true and correct is possible:

i.

The effect of detention would be to concentrate flows where sheet flow had occurred under pre-development conditions, and any impact of increased sheet flows upon downstream properties would be less adverse than that which would result from the concentrated flows from a detention facility even if energy dissipation devices were employed.

ii.

The site runoff will flow directly into a stream or lake with a contributing drainage area of at least 100 acres without compromising off-site properties, and the increase in site runoff will result in a no-rise in the 100-year storm elevation (less than 0.05-ft. increase) for the receiving watercourse at the point where the watercourse crosses the project site's downstream property line.

iii.

The undetained flow will pass through downstream properties, in drainage easements obtained by the developer, to an existing detention facility which has been designed to manage the upstream property's runoff or to the point in the downstream analysis which shows a less than 0.05-foot increase in the 100-year flood elevation due to the increase in peak runoff leaving the project site.

c.

Should the professional engineer conclude that stormwater detention may not be necessary because of anticipated compliance with this chapter (see also section 109.04.04.E, rigid compliance with all of the following criteria is mandatory:

i.

A stormwater management report shall always be required whether or not stormwater detention is required.

ii.

If the applicant proposes to show that the detention requirement may be eliminated for all or a portion of the project, then a pre-submittal conference with the City of Canton Engineering Department is required prior to preparation and submittal of construction plans for the project.

iii.

At the pre-submittal conference with the staff, the consultant shall be prepared to discuss the downstream analysis findings as follows: The affected stream must be analyzed downstream from the project to a point where the project area is ten percent of the total drainage basin; If the existing downstream conditions are overburdened by the pre-developed flows in the stream, then detention shall be required unless the developer elects to eliminate the downstream overburdened conditions at his or her expense when the development occurs.

3)

Detention design criteria—General.

a.

All stormwater detention design calculations shall be certified by a professional engineer currently registered in the State of Georgia.

b.

All stormwater detention facilities shall be designed to control the two-year, five-year, ten-year, 25-year, and 100-year return frequencies.

c.

A variety of methods achieving stormwater management goals shall include providing detention facilities. The type of facility provided shall be based on the following criteria:

i.

The type of development which the detention facility is being provided,

ii.

The type of development which the detention facility is intended to protect,

iii.

Volume of stormwater to be stored,

iv.

Origin and magnitude of the flows to be managed,

v.

Topographic opportunities and limitations,

vi.

Safety considerations,

vii.

Maintenance requirements,

viii.

Aesthetic considerations,

ix.

Likelihood of facility operation interfering with access to public or private facilities,

x.

Proximity of facility to property lines, utilities, buffers, etc., and

xi.

Similar site-specific constraints.

d.

Detention facilities may be of the following types, and two or more types may be used in combination with one another:

i.

Normally dry basins, whether excavated or created by damming a natural drainage feature, or a combination of both methods (damming may be achieved by the construction of an earthen dam or approved masonry wall),

ii.

Lakes and ponds, whether excavated or created by damming a natural drainage feature, or a combination of both methods,

iii.

Parking lot facilities,

iv.

Underground facilities,

v.

Roof top facilities,

vi.

All detention pond slopes shall be a maximum of two feet horizontal to one-foot vertical except for masonry walls, and

vii.

Fences a minimum of five feet in height with a minimum of a ten-foot wide gate shall be required on all detention where the 100-year storm depth of the water in the pond is greater than four feet.

e.

Reservoir routing methods shall be used for all detention facility design.

f.

The detention methodology used for any given project shall be the SCS Method, utilizing a 24-hour storm.

g.

Runoff curve numbers used for pre- and post-development conditions shall be documented by the registered professional preparing the stormwater management report.

h.

Calculations shall be provided showing how all lag times were computed, for both pre- and post-developed conditions. Likewise, adequate support must be provided for all composite runoff coefficients or curve numbers used.

i.

If a computer program is used for detention design, including generating and routing hydrographs, the output from the program shall be summarized in the stormwater management report.

j.

The outlet system for all detention facilities shall be evaluated for malfunctioning i.e., the clogging of small orifices and weirs). A safe path for overflow condition flows shall be provided.

4)

Detention facility location criteria.

a.

For the purpose of these regulations, a detention facility shall be deemed to consist of the area within the maximum design ponding limits, the dam (if one) including all embankment slopes and wall footings (if applicable), primary and emergency outlet works, any drainage and drainage and access easements, and any energy dissipation devices.

b.

Detention facilities, to the greatest extent feasible, shall be located so as to minimize the amount of flow generated on-site that bypasses the facility.

c.

No portion of any detention facility shall disturb any required buffer, landscape strip, or tree protection area, except that natural bottom detention ponds and their appurtenant structures, which require no grading and removal of trees, may encroach into a required construction buffer.

d.

Detention facilities may be located within utility easements or rights-of-way, or encroach upon utility easements or rights-of-way, upon receipt by the city engineer of written permission from both the property and utility owners.

e.

Detention facilities may be constructed within recreation areas required, if the following criteria are met:

i.

Ownership of the area will be held by a qualified property owners association, homeowners association, or other private parties.

ii.

Permanent structures, such as buildings or swimming pools, will not be constructed within the boundaries of the detention facility.

iii.

Detention facilities within recreation areas will be approved only if the design of the area includes recreation amenities such as ball fields, tennis courts, grassed open areas or other similar improvements. The intent is to provide recreation facilities with detention as a secondary feature.

iv.

Permanent detention features shall not interfere with the intended use of recreation amenity (i.e., a ditch or large swale shall not traverse a ball field, an inlet structure shall not be in a tennis court, etc.).

5)

Detention facility easement requirements.

a.

An easement of at least 20 feet in width shall be required to provide access to all detention facilities from a public street. This easement shall be cleared, grubbed and graded so that it can be utilized by rubber-tired construction vehicles that require access to the outlet structure. Access shall not be greater than 20 percent slope. The easement location shall be such as to minimize the amount of grading required.

b.

Every normally dry detention basin, lake, or parking lot detention facility shall be completely enclosed within a drainage easement. The drainage easement shall extend at least ten feet beyond the limits of the detention facility.

c.

Detention facility maintenance.

i.

The detention storage capacity or function of any detention basin, pond, or other impoundment, whether natural or man-made, shall not be removed or diminished without the express approval of the city engineer.

ii.

It shall be the responsibility of the property owner or property owners association to maintain the operational characteristics of any facility constructed on their property for stormwater detention pursuant to section 109.04.03 above.

6)

Detention facility engineer's certification and record drawings.

a.

A certified record survey of each detention facility shall be prepared by a land surveyor currently registered in the State of Georgia. A certified record drawing of the facility shall be prepared based upon this survey.

b.

Based on the actual parameters established on the record drawing, an addendum to the approved stormwater management report or a certification letter will be submitted demonstrating that the facility, as constructed, complies with the requirements of these regulations. The amended stormwater management report shall be certified by a professional engineer currently registered in the State of Georgia.

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

A.

Findings. It is hereby determined that:

1)

Land development projects and other land use conversions, and their associated changes to land cover, permanently alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion, and sediment transport and deposition;

2)

Land development projects and other land use conversions also contribute to increased nonpoint source pollution and degradation of receiving waters;

3)

The impacts of post-development stormwater runoff quantity and quality can adversely affect public safety, public and private property, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;

4)

These adverse impacts can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new development and redevelopment, by the use of both structural facilities as well as nonstructural measures;

5)

Localities in the State of Georgia are required to comply with a number of both state and federal laws, regulations and permits which require a locality to address the impacts of post-development stormwater runoff quality and nonpoint source pollution;

6)

Therefore, the City of Canton has established this set of stormwater management policies to provide reasonable guidance for the regulation of post-development stormwater runoff for the purpose of protecting local water resources from degradation. It has been determined that it is in the public interest to regulate post-development stormwater runoff discharges in order to control and minimize increases in stormwater runoff rates and volumes, post construction soil erosion and sedimentation, stream channel erosion, and nonpoint source pollution associated with post-development stormwater runoff.

B.

General provisions.

1)

Purpose and intent. The purpose of this section is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. It has been determined that proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. This section seeks to meet that purpose through the following objectives:

a.

Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources;

b.

Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, streambank erosion, nonpoint source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;

c.

Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;

d.

Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum post-development stormwater management standards;

e.

Encourage the use of nonstructural stormwater management and stormwater better site design practices, such as reducing impervious cover and the preservation of greenspace and other natural areas, to the maximum extent practicable.

f.

Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; and

g.

Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up.

2)

Applicability.

a.

This section shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to subsection b below. These standards apply to any new development or redevelopment site that meets one or more of the following criteria:

i.

New development that involves the creation of 5,000 square feet or more of impervious cover;

ii.

Redevelopment that includes the creation, addition or replacement of 5,000 square feet or more of impervious cover;

iii.

Any new development or redevelopment, regardless of size, that is defined by the City of Canton Engineering Department to be a hotspot land use; or

iv.

Land development activities that are smaller than the minimum applicability criteria set forth in items i and ii above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

b.

The following activities are exempt from this section:

i.

Individual single-family or duplex residential lots that are not part of a subdivision or phased development project;

ii.

Additions or modifications to existing single-family or duplex residential structures;

iii.

Agricultural or silvicultural land management activities within areas zoned for these activities; and

iv.

Repairs to any stormwater management facility or practice deemed necessary by the City of Canton Engineering Department.

C.

Stormwater design manual. The City of Canton Engineering Department will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda, for the proper implementation of the requirements of this section. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.

D.

Permit procedures and requirements.

1)

Permit application requirements.

a.

No owner or developer shall perform any land development activities without first meeting the requirements of this UDC prior to commencing the proposed activity.

b.

Unless specifically exempted by this UDC, any owner or developer proposing a land development activity shall submit to the City of Canton Engineering Department a permit application on a form provided by the City of Canton Engineering Department for that purpose.

c.

Unless otherwise exempted by this UDC, a permit application shall be accompanied by the following items in order to be considered:

i.

Stormwater concept plan and consultation meeting certification in accordance with subsection D.2 below;

ii.

Stormwater management plan in accordance with subsection E below;

iii.

Inspection and maintenance agreement in accordance with subsection F below, if applicable;

iv.

Performance bond in accordance with subsection G below, if applicable; and

v.

Permit application and plan review fees in accordance with subsection H below.

2)

Stormwater concept plan and consultation meeting.

a.

Before any land disturbance permit application is submitted, it is recommended that the land owner or developer meet with the City of Canton Engineering Department for a consultation meeting on a concept plan for the post-development stormwater management system to be utilized in the proposed land development project.

b.

This consultation meeting should take place at the time of the preliminary plat of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-development stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential ideas for stormwater management designs before the formal site design engineering is commenced.

c.

To accomplish this goal the following information should be included in the concept plan which should be submitted in advance of the meeting:

i.

Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.

ii.

Natural resources inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.

iii.

Stormwater management system concept plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.

d.

Local watershed protection plans and any relevant resource protection plans will be consulted in the discussion of the concept plan. If necessary, a follow-up meeting may be held to verify the post-development stormwater management measures necessary for the proposed project before formal design commences.

E.

Stormwater management plan requirements.

1)

The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this UDC, including the performance criteria set forth in section 109.04.05.

2)

This plan shall be in accordance with the criteria established in this section and must be submitted with the stamp and signature of a professional engineer (PE) licensed in the state of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the submittal checklist(s) found in the Georgia Stormwater Management Manual.

3)

The stormwater management plan must ensure that the requirements and criteria in section 109.04.03 are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. The plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the information required in the stormwater management site plan checklist found in the Georgia Stormwater Management Manual. This includes:

a.

Common address and legal description of site.

b.

Vicinity map.

c.

Existing conditions hydrologic analysis. The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities, shall include:

i.

A topographic map of existing site conditions with the drainage basin boundaries indicated;

ii.

Acreage, soil types and land cover of areas for each subbasin affected by the project;

iii.

All perennial and intermittent streams and other surface water features;

iv.

All existing stormwater conveyances and structural control facilities;

v.

Direction of flow and exits from the site;

vi.

Analysis of runoff provided by off-site areas upstream of the project site; and

vii.

Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology.

viii.

For redevelopment sites, predevelopment conditions shall be modeled using the established guidelines for the portion of the site undergoing land development activities.

d.

Post-development hydrologic analysis. The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities, shall include:

i.

A topographic map of developed site conditions with the post-development drainage basin boundaries indicated;

ii.

Total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the project;

iii.

Calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in section 109.04.05;

iv.

Location and boundaries of proposed natural feature protection and conservation areas;

v.

Documentation and calculations for any applicable site design credits that are being utilized; and

vi.

Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology.

vii.

If the land development activity on a redevelopment site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in section 109.04.05 must be met for the stormwater runoff from the entire site.

e.

Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system shall include:

i.

A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes;

ii.

A narrative describing how the selected structural stormwater controls will be appropriate and effective;

iii.

Cross-section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs);

iv.

Documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in section 109.04.05;

v.

Drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and

vi.

Where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and/or local greenspace protection plan.

f.

Post-development downstream analysis. A downstream peak flow analysis includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream.

i.

The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property.

ii.

The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is ten percent of the total basin area.

iii.

In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes.

iv.

The analysis shall be in accordance with the Georgia Stormwater Management Manual.

g.

Construction-phase erosion and sedimentation control plan.

i.

An erosion and sedimentation control plan shall be in accordance with the Georgia Erosion and Sedimentation Control Act and the soil erosion, sedimentation and pollution control section of chapter 107 of this UDC and NPDES permit for construction activities.

ii.

The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls.

h.

Landscaping and open space plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices shall also include:

i.

The arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan;

ii.

Information necessary to construct the landscaping elements shown on the plan drawings;

iii.

Descriptions and standards for the methods, materials and vegetation that are to be used in the construction;

iv.

Density of plantings;

v.

Descriptions of the stabilization and management techniques used to establish vegetation; and

vi.

A description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved.

i.

Operations and maintenance narrative. A detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved shall be provided. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include:

i.

An inspection and maintenance schedule,

ii.

Maintenance tasks,

iii.

Responsible parties for maintenance,

iv.

Funding,

v.

Access,

vi.

Safety issues, and

vii.

Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

j.

Maintenance access easements.

i.

The applicant must ensure access from public right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities.

ii.

Upon final inspection and approval, a plat or document indicating that such easements exist shall be recorded and shall remain in effect even with the transfer of title of the property.

k.

Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the City of Canton as provided in subsection F below, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance with subsection F below.

l.

Evidence of acquisition of applicable local and non-local permits. The applicant shall certify and provide documentation to the City of Canton Engineering Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan.

F.

Stormwater management inspection and maintenance agreements.

1)

Prior to the issuance of any permit for a land development activity requiring a stormwater management facility or practice hereunder and for which the City of Canton Engineering Department requires ongoing maintenance, the applicant or owner of the site must execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site.

2)

The inspection and maintenance agreement, if applicable, must be approved by the City of Canton Engineering Department and the city attorney prior to plan approval, and recorded in the deed records upon final plat approval and/or issuance of certificate of occupancy.

3)

The inspection and maintenance agreement shall identify by name or official title the person(s) responsible for carrying out the inspection and maintenance.

a.

Responsibility for the operation and maintenance of the stormwater management facility or practice shall remain with the property owner and shall pass to any successor owner.

b.

If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance.

4)

As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof.

5)

In addition to enforcing the terms of the inspection and maintenance agreement, the City of Canton Engineering Department may also enforce all of the provisions for ongoing inspection and maintenance in section 109.04.07.

6)

Final plats and/or certificates of occupancy will not be issued without a final inspection of the completed work by the City of Canton Engineering Department, submission of "as-built" plans, a signed maintenance agreement, and a certification of completion by the design engineer that the stormwater management system complies with the approved plan and provisions of this UDC.

G.

Performance bonds.

1)

The City of Canton shall require the developer to post an irrevocable letter of credit, or other means of security acceptable to the City of Canton, prior to the issuance of any land disturbance permit for the construction of a development requiring a stormwater management system.

a.

The amount of the security shall not be less than the total estimated construction cost of the stormwater management system.

b.

The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this UDC, other applicable laws and regulations, and any time limitations.

H.

Application procedure.

1)

Applications for land development permits shall be filed with the City of Canton Engineering Department.

2)

Permit applications shall include the items set forth in subsection D.1 above (two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included).

3)

The City of Canton Engineering Department shall inform the applicant whether the application, stormwater management plan and inspection and maintenance agreement are approved or disapproved.

4)

If the permit application, stormwater management plan or inspection and maintenance agreement are disapproved, the City of Canton Engineering Department shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same, in which event subparagraph H.3 above and this subparagraph shall apply to such resubmittal.

5)

Upon a finding by the City of Canton Engineering Department that the permit application, stormwater management plan and inspection and maintenance agreement, if applicable, meet the requirements of this UDC, the City of Canton Engineering Department may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met.

6)

Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person shall be subject to the following requirements:

a.

The applicant shall comply with all applicable requirements of the approved plan and this UDC and shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan;

b.

The land development project shall be conducted only within the area specified in the approved plan;

c.

The City of Canton Engineering Department shall be allowed to conduct periodic inspections of the project;

d.

No changes may be made to an approved plan without review and written approval by the City of Canton Engineering Department; and

e.

Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by section 109.04.06.B.

I.

Application review fees.

1)

The fee for review of any land disturbance application shall be based on the fee structure established by the city council.

2)

Payment shall be made prior to the issuance of any land disturbance permit for the development.

J.

Modifications for off-site facilities.

1)

The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility.

a.

The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally-obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility.

b.

In addition, on-site measures shall be implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility.

2)

A stormwater management plan must be submitted to the City of Canton Engineering Department which shows the adequacy of the off-site or regional facility.

3)

To be eligible for a modification, the applicant must demonstrate to the satisfaction of the City of Canton Engineering Department that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas:

a.

Increased threat of flood damage to public health, life, and property;

b.

Deterioration of existing culverts, bridges, dams, and other structures;

c.

Accelerated streambank or streambed erosion or siltation;

d.

Degradation of in-stream biological functions or habitat; or

e.

Water quality impairment in violation of state water quality standards, and/or

f.

Violation of any state or federal regulations.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

General. All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specified design storms and reduce the volume of stormwater runoff generated. These practices should seek to use pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this section.

B.

Performance criteria.

1)

Water quality. All stormwater runoff generated from a site shall be adequately treated before discharge. Stormwater practices must treat the first 1.2 inches of runoff from all storms and remove 80 percent of the post-development total suspended solid load from treated runoff. It will be presumed that a stormwater management system complies with this requirement if:

a.

It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual;

b.

Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual; and

c.

Runoff from hotspot land uses and activities identified by the City of Canton Engineering Department are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices.

2)

Stream channel protection. Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three approaches:

a.

Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer;

b.

Erosion prevention measures such as energy dissipation and velocity control;

c.

Twenty-four-hour extended detention storage of the one-year, 24-hour return frequency storm event. This requirement may be reduced or waived through the use of other structural and nonstructural measures that allow for infiltration of runoff. The storage volume may be reduced by the volume that is infiltrated.

3)

Overbank flooding protection.

a.

Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event.

b.

If control of the one-year, 24-hour storm under subsection B.2 above is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided.

4)

Extreme flooding protection. Extreme flood and public safety protection shall be provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated.

5)

Structural stormwater controls.

a.

All structural stormwater management facilities shall be selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual.

b.

All structural stormwater controls must be designed appropriately to meet their intended function.

c.

For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the City of Canton Engineering Department before being included in the design of a stormwater management system.

d.

In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the City of Canton Engineering Department may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased nonpoint source pollution loads created on the site in question.

e.

Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control.

6)

Stormwater credits for nonstructural measures.

a.

The use of better site design and nonstructural stormwater management measures is encouraged to minimize reliance on structural stormwater management measures.

b.

The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume and stream channel protection volume required under subsection B above (Performance criteria).

c.

The applicant may, if approved by the City of Canton Engineering Department, take credit for the use of stormwater better site design practices and reduce the water quality and channel protection volume requirements.

i.

For each potential credit, there is a minimum set of criteria and requirements which identify the conditions or circumstances under which the credit may be applied.

ii.

The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual.

7)

Drainage system guidelines.

a.

Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites and/or public rights-of-way.

b.

Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements:

i.

Methods to calculate stormwater flows shall be in accordance with the Georgia Stormwater Management Manual;

ii.

All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan using the methods included in the Georgia Stormwater Management Manual; and

iii.

Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual.

8)

Dam design guidelines. Any land disturbing activity that involves a site which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Inspections to ensure plan compliance during construction.

1)

Periodic inspections of the stormwater management system construction shall be conducted by the staff of the City of Canton Engineering Department or conducted and certified by a professional engineer who has been approved by the City of Canton Engineering Department. Construction inspections shall utilize the approved stormwater management plan for establishing compliance.

2)

All inspections shall be documented with written reports that contain the following information:

a.

The date and location of the inspection;

b.

Whether construction is in compliance with the approved stormwater management plan;

c.

Variations from the approved construction specifications; and

d.

Any other variations or violations of the conditions of the approved stormwater management plan.

3)

If any violations are found, the applicant shall be notified in writing of the nature of the violation and the required corrective actions.

B.

Final inspection and as-built plans.

1)

Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant is responsible for certifying that the completed project is in accordance with the approved stormwater management plan.

a.

All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed.

b.

The as-built plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer.

c.

A final inspection by the City of Canton Engineering Department is required prior to final plat approval or issuance of C.O.S.

2)

The as-built plan shall be provided to the City of Canton Engineering Department in both a paper and an electronic format. All as-built plans shall be based upon the state plane coordinate system.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Maintenance responsibility.

1)

Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this UDC.

2)

The owner of the property on which work has been done pursuant to this UDC for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

3)

A maintenance schedule shall be developed for the life of all stormwater management facilities and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance agreement shall be included in the approved stormwater management plan.

B.

Maintenance inspections.

1)

A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement.

a.

In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the City of Canton Engineering Department shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement.

b.

The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed.

c.

If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City of Canton Engineering Department, may correct the violation as provided in subsection E below (Failure to maintain).

2)

The City of Canton Engineering Department has the right to inspect all stormwater management systems.

a.

Inspection shall occur during the first year of operation and at least once every three years thereafter.

b.

In addition, a maintenance agreement between the owner and the City of Canton shall be executed for privately-owned stormwater management systems as described in section 109.04.04.F.

3)

Inspection reports shall be submitted to and maintained by the City of Canton Engineering Department for all stormwater management systems.

4)

Inspection reports for stormwater management systems shall include:

a.

The date of inspection;

b.

Name of inspector;

c.

The condition of:

i.

Vegetation or filter media.

ii.

Fences or other safety devices.

iii.

Spillways, valves, or other control structures.

iv.

Embankments, slopes, and safety benches.

v.

Reservoir or treatment areas.

vi.

Inlet and outlet channels and structures.

vii.

Underground drainage.

viii.

Sediment and debris accumulation in storage and forebay areas.

ix.

Any nonstructural practices.

x.

Any other item that could affect the proper function of the stormwater management system.

d.

Description of the need for maintenance.

5)

After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, the owner shall have 30 days or other time frame mutually agreed to between the City of Canton Engineering Department and the owner to correct the deficiencies. The City of Canton Engineering Department shall then conduct a subsequent inspection to ensure completion of repairs.

6)

If repairs are not undertaken or are not found to be done properly, then enforcement procedures following section 109.04.08 below shall be followed by the City of Canton Engineering Department.

C.

Right-of-entry for inspection. The terms of the inspection and maintenance agreement shall provide for the City of Canton Engineering Department to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this UDC is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this UDC.

D.

Records of maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the City of Canton Engineering Department.

E.

Failure to maintain. If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City of Canton, after 30 days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The City of Canton may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorum tax bill for such property and collected in the ordinary manner for such taxes.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

General. Any action or inaction which violates the provisions of this UDC 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. The imposition of any of the penalties described below shall not prevent such equitable relief.

B.

Notice of violation.

1)

If the City of Canton Engineering Department 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 UDC, 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 UDC without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. 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 UDC 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 of Canton Engineering Department 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).

C.

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 of Canton 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 of Canton may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Stop work order. The City of Canton Engineering Department 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 the necessary remedial measures to cure such violation or violations.

b.

Withhold certificate of occupancy. The City of Canton Engineering Department 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. The City of Canton Engineering Department may suspend, revoke or modify the land disturbance permit. 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 of Canton Engineering Department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

d.

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 of Canton Engineering Department 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 of Canton has taken one or more of the actions described above, the city of canton 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.

e.

Criminal penalties. For intentional and flagrant violations of this UDC, the City of Canton Engineering Department may issue a citation to the applicant or other responsible person, requiring such person to appear in the Cherokee County Magistrate 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.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

General provisions.

1)

Purpose and intent.

a.

The purpose of this section is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the municipal separate storm sewer system to the maximum extent practicable as required by federal law.

b.

This section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.

c.

The objectives of this section are to:

i.

Regulate the contribution of pollutants to the municipal separate storm sewer system by any person;

ii.

Prohibit illicit discharges and illegal connections to the municipal separate storm sewer system;

iii.

Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the municipal separate storm sewer system; and

iv.

To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this section.

2)

Applicability. The provisions of this section shall apply throughout the corporate area of the city.

3)

Responsibility for administration. The city shall administer, implement, and enforce the provisions of this section.

B.

Prohibitions.

1)

Prohibition of illicit discharges.

a.

No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater.

b.

The following discharges are exempt from the prohibition provision above (subsection B.1)a above):

i.

Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;

ii.

Discharges or flows from firefighting, and other discharges specified in writing by the local enforcement authority as being necessary to protect public health and safety;

iii.

The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the state and the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the municipal separate storm sewer system.

2)

Prohibition of illegal connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the municipal) separate storm sewer system is prohibited.

a.

This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

b.

A person violates this article if the person connects a line conveying sewage to the municipal separate storm sewer system, or allows such a connection to continue.

c.

Improper connections in violation of this section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the city.

d.

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the local enforcement authority requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the local enforcement authority.

C.

Industrial or construction activity discharges.

1)

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit.

2)

Proof of compliance with said permit may be required in a form acceptable to the local enforcement authority prior to allowing discharges to the municipal separate storm sewer system.

D.

Access and inspection of properties and facilities. The local enforcement authority shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this section.

1)

If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the local enforcement authority.

2)

The owner or operator shall allow the local enforcement authority ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.

3)

The local enforcement authority shall have the right to set up on any property or facility such devices as are necessary in the opinion of the local enforcement authority to conduct monitoring and/or sampling of flow discharges.

4)

The local enforcement authority may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the local enforcement authority. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.

5)

Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the local enforcement authority and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

6)

Unreasonable delays in allowing the local enforcement authority access to a facility is a violation of this UDC.

7)

If the local enforcement authority has been refused access to any part of the premises from which stormwater is discharged, and the local enforcement authority is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the local enforcement authority may seek issuance of a search warrant from any court of competent jurisdiction.

E.

Notification of accidental discharges and spills.

1)

Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or nonstormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, state waters, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

2)

Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the local enforcement authority within three business days of the phone or in-person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

3)

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

4)

Failure to provide notification of a release as provided above is a violation of this UDC.

F.

Violations, enforcement and penalties.

1)

Violations.

a.

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 herein or may be restrained by injunction or otherwise abated in a manner provided by law.

b.

In the event the violation constitutes an immediate danger to public health or public safety, the local enforcement authority is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The local enforcement authority is authorized to seek costs of the abatement as outlined in subsection F.5 below.

2)

Notice of violation. Whenever the local enforcement authority finds that a violation of this section has occurred, the local enforcement authority may order compliance by written notice of violation.

a.

The notice of violation shall contain:

i.

The name and address of the alleged violator;

ii.

The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

iii.

A statement specifying the nature of the violation;

iv.

A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;

v.

A statement of the penalty or penalties that shall or 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 local enforcement authority by filing a written notice of appeal within 30 days of service of notice of violation.

b.

Such notice may require without limitation:

i.

The performance of monitoring, analyses, and reporting;

ii.

The elimination of illicit discharges and illegal connections;

iii.

That violating discharges, practices, or operations shall cease and desist;

iv.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

v.

Payment of costs to cover administrative and abatement costs; and

vi.

The implementation of pollution prevention practices.

3)

Appeal of notice of violation.

a.

Any person receiving a notice of violation may appeal the determination of the local enforcement authority.

b.

The notice of appeal must be received within 30 days from the date of the notice of violation.

c.

Hearing on the appeal before the local enforcement authority or other appropriate authority or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal.

d.

The decision of the appropriate authority or their designee shall be final.

4)

Enforcement measures after appeal.

a.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 30 days of the decision of the appropriate authority upholding the decision of the local enforcement authority, then representatives of the local enforcement authority may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property.

b.

It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

5)

Costs of abatement of the violation.

a.

Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs.

b.

The property owner may file a written protest objecting to the assessment or to the amount of the assessment within 30 days of such notice.

c.

If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

6)

Any person violating any of the provisions of this section shall become liable to the city by reason of such violation.

7)

Civil penalties. In the event the alleged violator 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 local permitting authority shall deem appropriate, after the local permitting authority has taken one or more of the actions described above, the local 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.

8)

Criminal penalties. For intentional and flagrant violations of this section, the local permitting authority may issue a citation to the alleged violator requiring such person to appear in (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.

9)

Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

10)

Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and the local enforcement authority may seek cumulative remedies.

11)

The local enforcement authority may recover attorney's fees, court costs, and other expenses associated with enforcement of this section, including sampling and monitoring expenses.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The City of Canton is responsible for the protection and preservation of the public health, safety and welfare of the community;

B.

The Canton City Council of is authorized by Article IX, section II, Paragraph 111(a)(6) of the Georgia Constitution to provide stormwater management throughout the incorporated area of the City of Canton;

C.

The Federal Clean Water Act, as amended by the Water Quality Act of 1987 (33 U.S.C. 1251 et seq.), and rules promulgated by the United States Environmental Protection Agency pursuant to the Act, placed increased emphasis on the role of local governments in developing, implementing, conducting and funding stormwater management programs which address water quality impacts of stormwater runoff;

D.

City council finds and concludes that substantial stormwater management program operational and capital investment needs exist;

E.

Adequate and stable funding will be essential if the city is to meet its future stormwater management program operational and capital investment needs; and

F.

It is the desire of the city council to proceed with the development, implementation, and operation of a utility for stormwater management accounted for in the city budget as a component of the water and sewer enterprise fund dedicated to stormwater management and to institute funding methods therewith.

(Ord. No. 2014-18, § 2, 8-21-2014)

The Canton City Council makes the following findings:

A.

The professional engineering analysis (stormwater management analysis prepared for the development of city's stormwater utility, 2005/2006) submitted to the city properly assesses and defines the stormwater management problems, needs, goals, program priorities and funding opportunities of the city.

B.

Given the problems, needs, goals, program priorities, and funding opportunities identified in the professional engineering analysis, it is appropriate to authorize the formation of an organizational and accounting entity dedicated specifically to the management, maintenance, protection, control, regulation, use and enhancement of stormwater systems in Canton in concert with other water resource management programs.

C.

Stormwater management is applicable and needed throughout the corporate limits of Canton. While specific service and facility demands may differ from area to area at any given point in time, a stormwater management service area encompassing all lands and water bodies within the corporate limits of Canton is consistent with the present and future needs of the community.

D.

The stormwater needs in the City of Canton include but are not limited to protecting the public health, safety, and welfare. Provision of stormwater management programs and facilities renders and/or results in both service and benefit to all property owners, citizens and residents of Canton in a variety of ways as identified in the professional engineering analysis. The service and benefit rendered or resulting from provision of stormwater management systems and facilities may differ depending on many factors and considerations, including but not limited to location, demands and impacts imposed on the stormwater systems and programs, and risk exposure.

E.

The City of Canton presently owns and operates stormwater management systems and facilities which have been developed over many years. The future usefulness of the existing stormwater systems owned and operated by the city, and of additions and improvements thereto, rests on the ability of the city to effectively manage, protect, control, regulate, use, and enhance stormwater systems and facilities in Canton in concert with the management of other water resources in the city. In order to do so, the city must have adequate and stable funding for its stormwater management program operating and capital investment needs.

F.

The city council finds, concludes, and determines that a utility provides the most practical and appropriate means of properly delivering and funding stormwater management services in Canton.

G.

An equitable approach to funding stormwater management services and facilities can be provided by adopting a schedule of service charges upon properties that is related to the burden of stormwater quality control service requirements and costs posed by properties throughout the city. Such schedule for service charges can be completed by other funding methods which address specific needs, including but not limited to allocations of special purpose local option sales taxes to stormwater drainage improvement projects. A service charge credit is an appropriate means of adjusting service charges in recognition that private stormwater systems and/or actions can effectively reduce or eliminate the burden of stormwater quantity and quality control service requirements and costs that property or properties pose for the city. Impervious area is the most important factor in influencing stormwater service requirements and costs posed by properties throughout the city, and therefore is an appropriate parameter for calculating stormwater service charges and associated credits. Gross area is another factor influencing the stormwater service area, mapping, and administrative requirements. In addition, the value to the stormwater utility of certain actions and practices performed by property owners and other stormwater utility customers may be recognized by credits based on other factors, including but not limited to the avoided cost of public information and education by the utility when public information and education about stormwater management is provided by the public school system.

(Ord. No. 2014-18, § 2, 8-21-2014)

Stormwater service charges may be determined and modified from time to time by the City of Canton so that the total revenue generated by said charges and any other sources of revenue that may be made available to the stormwater utility will be sufficient to meet the cost of services and facilities, including but not limited to the payment of principal and interest on revenue bond obligations incurred for consideration and improvements to the stormwater system.

(Ord. No. 2014-18, § 2, 8-21-2014)

Stormwater service charges shall accrue beginning July 1, 2006 and shall be billed periodically thereafter to customers, except as specified exemptions and credits may apply.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

In order to fully recover the cost of providing stormwater services and facilities while fairly and reasonably apportioning the cost among developed properties throughout the city, the following stormwater rates provided in subsection B below shall apply.

B.

Developed and undeveloped land. All properties shall be billed based on the amount of impervious surfaces on the individual properties and the gross area of individual properties as represented in the following formula: Fee = (IRxIU).

(Ord. No. 2014-18, § 2, 8-21-2014)

Except as in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exception, credit, offset, or other reduction in stormwater service charges shall be granted based on the age, tax, or economic status, race or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities. The City of Canton Stormwater Utility Credit Manual specifies the design and performance standards of on-site systems, facilities, activities, and services which qualify for application of a service charge credit, and how such credits shall be calculated.

A.

Railroad tracks shall be exempt from stormwater service charges. However, railroad stations, maintenance buildings, or other developed land used for railroad purposes shall not be exempt from stormwater service charges.

B.

Developed land such as individual detached dwelling units, including but not limited to multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs, and water and wastewater treatment plants may receive stormwater service charge credit, as follows:

1)

The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the Stormwater Utility Credit Manual.

2)

The stormwater service charge credit for single-family residential may be up to 50 percent.

3)

The stormwater service charge credit for non-single-family residential may be up to 50 percent.

4)

The stormwater service charge credit for each education institution may receive 100 percent.

5)

The service charge credit is applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services, and activities provided, operated, and maintained by the property owner/occupant reduce or mitigate the stormwater utility's cost of providing services and facilities.

C.

Groups of detached dwelling units represented by an incorporated homeowner's association providing on-site systems, facilities, services, or activities which reduce or mitigate the stormwater utility's cost of providing services and facilities may receive a stormwater service charge credit, as follows:

1)

The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the Stormwater Utility Credit Manual.

2)

The stormwater service charge credit available to groups of detached dwelling units may be up to 50 percent of the service charge applicable to the individual properties, and shall be proportional to the extent that on-site systems, facilities, services, and activities provided, operated, and maintained by the homeowner's association reduce or mitigate the stormwater utility's cost of providing services and facilities.

D.

Any credit allowed against the service charge is conditioned on continuing compliance with the city's design and performance standards as stated in the Stormwater Utility Credit Manual and/or upon continuing provision of the systems, facilities, services, and activities provided, operated, and maintained by the property owner/occupant or owners upon which the credit is based. A credit may be revoked by the city at any time for non-compliance.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following requirements shall apply to stormwater service charge billing, delinquencies and collections:

A.

A stormwater service charge bill may be sent through the United States mail or by alternative means notifying the customer of the amount of the bill, the date the payment is due, and the date when past due.

B.

Failure to receive a stormwater service charge bill is not justification for non-payment.

C.

Regardless of the party to whom the stormwater service charge bill is initially directed, the owner of each parcel of developed or undeveloped land shall be ultimately obligated to pay such fee.

D.

If a customer is under billed or if no stormwater service charge bill is sent for developed or undeveloped land, the city may back bill for a period of up to one year, but shall not assess penalties for any delinquency.

E.

A ten percent late charge shall be billed based on the unpaid balance of any stormwater utility service charge that becomes delinquent.

(Ord. No. 2014-18, § 2, 8-21-2014)

A customer who believes the provisions of this section have been applied in error may appeal in the following manner:

A.

An appeal must be filed in writing with the City of Canton Department of Engineering. In the case of service charge appeals, the appeal shall include a survey prepared by a professional engineer containing information on the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to rainfall events.

B.

Using the information provided by the appellant, the city manager or his duly authorized designee shall conduct a technical review of the conditions on the property and respond to the appeal in writing within 30 days.

C.

In response to an appeal the city manager or his duly authorized designee may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this section.

D.

A decision of the city manager or his duly authorized designee which is adverse to an appellant may be further appealed to the city manager within 30 days of the adverse decision. Notice of the appeal shall be delivered to the city manager by the appellant, stating the grounds for the further appeal. The city manager shall issue a written decision on the appeal within 30 days. All decisions of the city manager shall be served on the customer personally or by registered or certified mail, sent to the billing address of the customer.

E.

All decisions of the city manager shall be final.

F.

The appeal process contained in this subsection shall be a condition precedent to an aggrieved customer seeking judicial relief. Any decision of the city manager shall be reviewed upon application for writ of certiorari before the Superior Court of Cherokee County, filed within 30 days of the date of service of the decision.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

There is hereby established a stormwater utility within the public works department which shall be responsible for stormwater management throughout the city's corporate limits, and shall provide for the management, protection, control, regulation, use and enhancement of stormwater systems and facilities.

B.

The city manager shall incorporate stormwater activities within the water and sewer enterprise fund in the city budget and accounting system for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the utility, including but not limited to rentals, charges, fees and licenses as may be established by the city council. Any revenues and receipts of the stormwater utility shall be placed in the enterprise fund and all expenses of the utility shall be paid from the enterprise fund, except that other revenues, receipts, and resources not accounted for in the enterprise fund may be applied to stormwater management operations and capital investments as deemed appropriate by the city council, upon recommendation of the city manager.

C.

The city council hereby transfers to the stormwater utility operational control over the existing stormwater management systems and facilities owned and heretofore operated by the city and other related assets, including but not limited to properties upon which such facilities are located, easements, rights-of-entry and access, and certain equipment.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The city drainage system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or man-made, with the political boundaries of the City of Canton which control and/or convey stormwater through which the city intentionally diverts surface waters from its public streets and properties.

B.

The city owns or has legal access for purposes of operation, maintenance and improvements to those segments of this system which are:

1)

Located within public streets, rights-of-way, and easements;

2)

Subject to easements, rights-of-entry, rights-of-access, rights-of-use, or other permanent provisions for adequate access for operation, maintenance, and/or improvement of systems and facilities; or are

3)

Located on public lands to which the city has adequate access for operation, maintenance, and/or improvement of systems and facilities.

C.

Operation and maintenance of stormwater systems and facilities which are located on private property or public property not owned by the City of Canton and for which there has been no public dedication of such systems and facilities for operation, maintenance, and/or improvement of the systems and facilities shall be and remain the legal responsibility of the property owner, except as the responsibility may be otherwise affected by the laws of the State of Georgia and the United States of America.

D.

It is the intent of this section to protect the public health, safety, and general welfare of all properties and persons in general, but not to create any special duty or relationship with any individual person or to any specified property within or without the boundaries of the City of Canton. The city of canton expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the city, its officers, employees and agents arising out of any alleged failure to breach of duty or relationship as may now exist or hereafter by created. To the extent any permit, plan approval, inspection or similar act is required by the city as a condition precedent to any activity by or upon property not owned by the city, pursuant to this or any other regulatory ordinance, regulation or rule of the city or under federal or state law, the issuance of such permit, plan approval, or inspection shall not be deemed to constitute a warranty, express or implied, nor shall afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money, damages against the city, its officers, employees or agents.

(Ord. No. 2014-18, § 2, 8-21-2014)

All property owners and developers of developed real property within the City of Canton shall provide, manage, maintain, and operate on-site stormwater systems sufficient to collect, convey, detain, and discharge stormwater in a safe manner consistent with all City of Canton development regulations and the laws of the State of Georgia and the United States of America. Any failure to meet this obligation shall constitute a nuisance and be subject to an abatement action filed by the city in the municipal court. In the event a public nuisance is found by the court to exist, which the owner fails to properly abate within such reasonable time as allowed by the court, the city may enter upon the property and cause such work as is reasonably necessary to be performed, with the actual cost thereof assessed against the owner in the same manner as a tax levied against the property. From the date of the filing of such action, the city shall have lien rights which may be perfected, after judgment, by filing a notice of lien on the General Execution Docket of the Superior Court of Cherokee County. The city shall have the right, pursuant to the authority of this section, for its designated officers and employees to enter upon private and public property owned by entities other than the city, upon reasonable notice to the owner thereof, to inspect the property and conduct surveys and engineering tests thereon in order to assure compliance.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

It shall be the policy of the city that funding for the stormwater utility be equitably derived through methods which have demonstrated in a relationship to the varied demands and impacts imposed on the stormwater systems and programs and/or the level of service provided as a result of the provision of stormwater services and facilities. Service charges for stormwater management shall be fair and reasonable and shall bear a substantial relationship to the cost of providing services and facilities. The cost of stormwater services and facilities may include operating, capital investment, and reserve expenses, and may consider stormwater quality as well as stormwater quantity management requirements. Similarly situated properties shall be charged similar rentals, rates, charges, fees, or licenses.

B.

Service charge rates shall be designed to be consistent and coordinated with the use of other funding methods employed for stormwater management by the city, whether within or outside of the stormwater utility, including but not limited to plan review and inspection fees, special fees for services, fees in-lieu of regulatory requirements, impact fees, system development charges, and special assessments. To the extent practicable, credits against service charges and/or other methods of funding stormwater management shall be provided for on-site stormwater control systems and activities constructed, operated, maintained and performed to the city's standards by private owners.

(Ord. No. 2014-18, § 2, 8-21-2014)