The provisions set forth in this Article 3 are intended to protect the natural features and natural and cultural resources within The City of Carrollton, and to implement policies in the Comprehensive Plan.

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Carrollton of Carroll County, Georgia, does ordain as follows:

(Res. No. 09-2011, 9-12-11)

A.

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

B.

These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

(Res. No. 09-2011, 9-12-11)

It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A.

Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

B.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

C.

Control filling, grading, dredging and other development which may increase flood damage or erosion;

D.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and

E.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

(Res. No. 09-2011, 9-12-11)

The objectives of this ordinance are:

A.

To protect human life and health;

B.

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

C.

To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas;

D.

To minimize expenditure of public money for costly flood control projects;

E.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

F.

To minimize prolonged business interruptions; and

G.

To insure that potential homebuyers are notified that property is in a flood area.

(Res. No. 09-2011, 9-12-11)

This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Carrollton, Georgia.

(Res. No. 09-2011, 9-12-11)

The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated 9/19/2007, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this ordinance.

For those land areas acquired by the City through annexation, the current effective FIS dated 9/19/2007, with accompanying maps and other supporting data and any revision thereto, for Carroll County are hereby adopted by reference.

Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS.

The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located at: City Hall, 315 Bradley Street, Carrollton, Georgia.

(Res. No. 09-2011, 9-12-11)

A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR to the commencement of any Development activities.

(Res. No. 09-2011, 9-12-11)

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

(Res. No. 09-2011, 9-12-11)

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

(Res. No. 09-2011, 9-12-11)

In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes.

(Res. No. 09-2011, 9-12-11)

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Carrollton or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(Res. No. 09-2011, 9-12-11)

Failure to comply with the provisions of this ordinance or with any of its requirements, including conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a violation. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $300 or imprisoned for not more than 10 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Carrollton from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Res. No. 09-2011, 9-12-11)

The City Manager, or his designee as Floodplain Coordinator, is hereby appointed to administer and implement the provisions of this ordinance.

(Res. No. 09-2011, 9-12-11)

Application for a Development Permit shall be made to the Floodplain Coordinator on forms furnished by the City PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, and dimensions of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.

Specifically, the following information is required:

A.

Application Stage -

a.

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

b.

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

c.

Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of Section 3.01.17(B); and

d.

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

B.

Construction Stage - For all new construction and substantial improvements, the permit holder shall provide to the Administrator an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

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

The Floodplain Coordinator shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

(Res. No. 09-2011, 9-12-11)

Duties of the Floodplain Coordinator shall include, but shall not be limited to:

A.

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

B.

Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.

C.

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

D.

When Base Flood Elevation data or floodway data have not been provided in accordance with Section 3.01.17, then the Floodplain Coordinator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Sections 3.01.16, 3.01.17, 3.01.18, 3.01.19, 3.01.20, 3.01.21, and 3.01.22.

E.

Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Section 3.01.14(B).

F.

Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Section 3.01.14(B).

G.

When flood-proofing is utilized for a structure, the Floodplain Coordinator shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Section 3.01.14(A)(c) and Section 3.01.17(B) or 3.01.19(B).

H.

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

I.

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

J.

For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained.

K.

Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Coordinator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance.

L.

All records pertaining to the provisions of this ordinance shall be maintained in the office of the Floodplain Coordinator and shall be open for public inspection.

(Res. No. 09-2011, 9-12-11)

In ALL Areas of Special Flood Hazard the following provisions are required:

A.

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

B.

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

C.

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

D.

Elevated Buildings - All New construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

a.

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

i.

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

ii.

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

iii.

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

b.

So as not to violate the "Lowest Floor" criteria of this ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area, and

c.

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

E.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

F.

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces;

G.

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

H.

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

I.

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

J.

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

(Res. No. 09-2011, 9-12-11)

In ALL Areas of Special Flood Hazard the following provisions are required:

A.

New construction and/or substantial improvements - Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of Section 3.01.16(D), "Elevated Buildings."

a.

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

B.

Non-Residential Construction - New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to two feet above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in Section 3.01.15(F).

C.

Standards for Manufactured Homes and Recreational Vehicles - Where base flood elevation data are available:

a.

All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than two feet above the base flood elevation.

b.

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

i.

The lowest floor of the manufactured home is elevated no lower than two feet above the level of the base flood elevation, or

ii.

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

c.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ref. Section 3.01.16(F) above)

d.

All recreational vehicles placed on sites must either:

i.

Be on the site for fewer than 180 consecutive days.

ii.

Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or

iii.

The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of Section 3.01.17(C)(a)—(c) above.

D.

Floodway - Located within Areas of Special Flood Hazard established in Section 3.01.06 are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

a.

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.

b.

ONLY if Section 3.01.17(D)(a) above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 3.01.16, 3.01.17, 3.01.18, 3.01.19, 3.01.20, 3.01.21, and 3.01.22.

(Res. No. 09-2011, 9-12-11)

Located within the Areas of Special Flood Hazard established in Section 3.01.06, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply:

A.

When base flood elevation data or floodway data have not been provided in accordance with Section 3.01.06, then the Floodplain Coordinator shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of Sections 3.01.16, 3.01.17, 3.01.18, 3.01.19, 3.01.20, 3.01.21, and 3.01.22. ONLY if data are not available from these sources, then the following provisions (B) and (C) shall apply:

B.

No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than a one foot increase in flood levels during the occurrence of the base flood discharge.

C.

In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (NOTE: Require the lowest floor to be elevated one foot above the estimated base flood elevation in A-Zone areas where a Limited Detail Study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Section 3.01.16(D) "Elevated Buildings."

a.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three feet above the highest adjacent grade at the building site.

The Floodplain Coordinator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

(Res. No. 09-2011, 9-12-11)

Located within the Areas of Special Flood Hazard established in Section 3.01.06, where streams with base flood elevations are provided but no floodways have been designated (Zones AE), the following provisions apply:

A.

No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

B.

New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with Section 3.01.17.

(Res. No. 09-2011, 9-12-11)

Areas of Special Flood Hazard established in Section 3.01.06 may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. The following provisions apply:

A.

All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 3.01.16(D) "Elevated Buildings."

The Floodplain Coordinator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

B.

New construction or the substantial improvement of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus two feet, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in Sections 3.01.14 (A)(c) and (B).

C.

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

(Res. No. 09-2011, 9-12-11)

A.

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

B.

All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

C.

All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards, and;

D.

For subdivisions and/or developments greater than fifty lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR.

(Res. No. 09-2011, 9-12-11)

A.

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

B.

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

(Res. No. 09-2011, 9-12-11)

A.

The Mayor and City Council shall hear and decide appeals and requests for variances from the requirements of this ordinance, per the variance procedures set forth in Article 9 of this UDO, with the exception that the Mayor and City Council rather than the Board of Development Appeals will consider and act upon the request.

B.

The Mayor and City Council shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Coordinator in the enforcement or administration of this ordinance.

C.

Any person aggrieved by the decision of the Mayor and City Council may appeal such decision to the Superior Court of Carroll County, as provided in O.C.G.A. § 5-4-1.

D.

Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the structure.

E.

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this ordinance are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

F.

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

G.

In reviewing such requests, the Mayor and City Council shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance and the following:

a.

Danger that material may be swept onto other lands to the injury of others;

b.

Danger to life and property due to flooding or erosion damage;

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

Importance of the services provided by the proposed facility to the community;

e.

Necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

f.

Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g.

Compatibility of the proposed use with existing and anticipated development;

h.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

Safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

k.

Costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

H.

Conditions for Variances:

a.

A variance shall be issued ONLY when there is:

i.

A finding of good and sufficient cause,

ii.

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

iii.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

b.

The provisions of this Ordinance are minimum standards for flood loss reduction; therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

c.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

d.

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

I.

Upon consideration of the factors listed above and the purposes of this ordinance, the Mayor and City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(Res. No. 09-2011, 9-12-11)

Words and phrases used in Sections 3.01.01 through 3.01.23 shall be defined as set forth below. Words and phrases not defined below shall be as defined in Article 1 of this UDO. Unless specifically defined below or in Article 1 of this UDO, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"Accessory Structure" means a structure having minimal value and used for parking, storage and other non-habitable uses, such as garages, carports, storage sheds, pole barns, hay sheds and the like.

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

"Appeal" means a request for a review of the Floodplain Coordinator's interpretation of any provision of this ordinance.

"Area of shallow flooding" means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

"Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Section 3.01.06.

"Base flood," means the flood having a one percent chance of being equaled or exceeded in any given year.

"Base Flood Elevation (BFE)" The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

"Basement" means that portion of a building having its floor sub grade (below ground level) on all sides.

"Building," means any structure built for support, shelter, or enclosure for any occupancy or storage.

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

a.

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

b.

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

c.

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

d.

Generating plants, and other principal points of utility lines.

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment.

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

*"Existing construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before 4/3/1978 [the effective date of the initial FIRM for that community].

*"Existing Manufactured Home Park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before 4/3/1978 [the effective date of the FIRST floodplain management regulations adopted by a community].

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters; or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

"Flood Insurance Study" means the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

"Floodplain" means any land area susceptible to flooding.

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

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

"Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

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

"Historic Structure" means any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register:

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district:

c.

Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

d.

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

1.

By an approved state program as determined by the Secretary of the Interior, or

2.

Directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code.

"Manufactured home" means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

"New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced after 4/3/1978 [the effective date of the initial FIRM] and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced after 4/3/1978 [the effective date of the FIRST floodplain management ordinance adopted by the community] and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed after 4/3/1978 [the effective date of the first floodplain management regulations adopted by a community].

"North American Vertical Datum (NAVD)" has replaced the National Geodetic Vertical Datum of 1929 in existing and future FEMA Flood Modernization Maps.

"Recreational vehicle" means a vehicle, which is:

a.

Built on a single chassis;

b.

400 square feet or less when measured at the largest horizontal projection;

c.

Designed to be self-propelled or permanently towable by a light duty truck; and

d.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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

"Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank.

"Subdivision" means the division of a single lot into two or more lots for the purpose of sale or development.

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

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a 5-year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure prior to the "start of construction" of the improvement. NOTE: The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures, which have incurred "substantial damage", regardless of the actual amount of repair work performed.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include (1) those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions and which have been identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project, or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".

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

"Variance" is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided.

(Res. No. 09-2011, 9-12-11)

If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.

(Res. No. 09-2011, 9-12-11)

The intent of this article is to establish minimum development standards and criteria, which will afford reasonable protection of environmentally sensitive natural resources found throughout the City. Based on the findings of the City Comprehensive Plan, it has been determined that the wise management of these resources as defined in this article is essential to maintaining the health, safety, general welfare and economic well being of the public.

A.

The water resource districts shall include the following:

1.

Groundwater recharge area district;

2.

Wetlands district;

3.

Water supply watershed district; and

4.

River corridor protection district.

B.

The boundaries of these water resource districts are shown on a set of maps designated as water resource districts and are included as part of this article which are on file with the City Manager's office located at 315 Bradley Street, Carrollton, Georgia.

C.

These water resource districts are established measures to guide future growth and development in environmentally sensitive areas. Because these protective measures allow some latitude with land uses and because these districts are not intended to prescribe a specific land use but rather to define the range of acceptable land uses, these districts are designated as overlay districts.

Definitions for the following section are located in Article 1 of this UDO.

A.

Findings of fact.

1.

Recharge areas are vulnerable to urban development activities as well as agricultural activities.

2.

Pesticides, herbicides sprayed on crops, animal waste and septic tank effluents contribute to a deterioration in the groundwater quality and can threaten the health of residents relying on well water.

3.

Development usually means an increase in the amount of land covered with impervious surfaces.

4.

Paving land in recharge areas can alter or impair their recharge characteristics thereby decreasing groundwater supplies.

B.

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

C.

District delineation.

1.

The groundwater recharge area districts are hereby established which shall correspond to all lands within the jurisdiction of the City that are mapped as significant recharge areas by the state Department of Natural Resources in "Most Significant Recharge Areas of Georgia, Hydrological Atlas 18 (1989 Edition)."

2.

In addition, each recharge area shall be determined to have a pollution susceptibility rating of high, medium, or low based on the "Ground-water Pollution Susceptibility Map of Georgia, Hydrologic Atlas 20, 1992."

3.

Said maps are hereby adopted by reference and declared to be a part of this article, together with all explanatory matter thereon and attached thereto.

4.

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

A.

All uses allowed in the underlying zoning districts are permitted in the groundwater recharge area protection district.

B.

The following are additional requirements for specific uses in the groundwater recharge area protection district:

1.

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

2.

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

a.

A high pollution susceptibility area;

b.

A medium pollution susceptibility area and exceed 4.9 million gallons (15 acre/feet) in size; and

c.

A low pollution susceptibility area and exceed 16.3 million gallons (50 acre/feet) in size.

d.

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

3.

All private wastewater facilities, including privies, cesspools, and septic tanks, are prohibited in all areas where public sewers are available as established in the City's sewer use ordinance, which is hereby incorporated and made a part of this article by reference. The ordinance requires that all owners of houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the City's jurisdiction and abutting on any street, alley, or right of way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required at the owner's expense to install suitable toilet facilities herein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of the sewer use ordinance, within thirty (30) days after date of official notice to do so, provided that said sewer is within 100 feet of the property line.

4.

An exception to the sewer use ordinance is made for the estate residential district (ER) established in this ordinance, which is hereby incorporated and made a part of this article by reference. In the ER district the following use is provided: new single-family residences, except mobile homes and modular homes, shall have a minimum lot size of three (3) acres with provisions for on-site sewage disposal permitted with a permit from the county health department prior to installation.

5.

Lots of record approved prior to the adoption of the sewer use ordinance are hereby exempt from the requirements of (3) and (4) of this section; however, if said private waste water facilities fail, these properties will be required to connect to the City's sanitary sewer system.

6.

No construction shall proceed on any residence, within the ER district, unless the county health department first approves the proposed septic tank as meeting the requirements of the state Department of Human Resources "Manual for On-Site Sewage Management" (hereinafter DHR Manual), and subsection (3) and (4) of this section.

7.

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

8.

Any new wastewater treatment basins shall have an impermeable liner.

9.

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

A.

Findings of fact.

1.

The wetlands within the City are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soil limitations.

2.

In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; natural resource education; scientific study; and recreation opportunities. In addition, the wise management of forested wetlands is essential to the economic well being of many communities within the state.

3.

Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts.

4.

Piece meal or cumulative losses will, over time, destroy additional wetlands.

5.

Damaging or destroying wetlands threatens public safety and the general welfare.

B.

Purpose.

1.

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

2.

This ordinance is to promote wetland protection, while taking into account varying ecological, economic development, recreation and aesthetic values.

3.

Activities that may damage wetlands should be located on upland sites to the greatest degree practical as determined through the permitting process.

C.

District delineation.

1.

These regulations shall apply to all lands within wetlands located within the City.

2.

The wetland district overlay map, adopted as part of this article, shows the general location of wetlands, according to the 1987 U.S. Fish and Wildlife Service National Wetlands Inventory Maps.

3.

These maps shall be referred to as the generalized wetlands maps and are hereby adopted by reference and declared to be a part of this article, together with all explanatory matter thereon and attached thereto.

4.

The generalized wetlands maps do not necessarily represent the boundaries of jurisdictional wetlands within the City and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, as amended.

5.

No local government action under this ordinance relieves the landowner from federal or state permitting requirements.

D.

Wetland development permit requirements.

1.

No regulated activity will be permitted within the wetlands protection district without written permission or a permit from the City.

2.

If the area proposed for development is located near or in close proximity to a wetland protection district boundary, as determined by the zoning administrator, a U.S. Army Corps of Engineers determination shall be required.

3.

If the Corps determines that wetlands are present on the proposed development site, the local permit or permission will not be granted until a Section 404 permit or a letter of permission is issued.

E.

Permitted uses.

The following uses are permitted by right within the wetland district to the extent they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining or dredging except as provided herein. The activities listed in this section are exempted from Section 404 regulations provided they do not have impacts on a navigable waterway that would necessitate acquisition of an individual Section 404 permit. However, under Section 10 of the Rivers and Harbors Act, a permit may be required in some circumstances:

1.

Forestry practices applied in accordance with best management practices approved by the state forestry commission and as specified in the Clean Water Act.

2.

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

3.

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

4.

Natural water quality treatment or purification.

5.

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

F.

Prohibited uses.

The following uses are prohibited in a wetland district:

1.

Receiving areas for toxic or hazardous waste or other contaminants.

2.

Hazardous or sanitary landfills.

A.

Findings of fact.

1.

In order to provide for the health, safety, welfare of the public and a healthy economic climate within the City and surrounding communities, it is essential that the quality of public drinking water be assured.

2.

The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land-disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of reservoirs.

3.

In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients and sediment into drinking water supplies, making water treatment more complicated, expensive and rendering water resources unusable. Industrial land uses that involve the manufacture, use, transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby drinking water supplies.

B.

Purpose.

1.

The purpose of this section is to establish measures to protect the quality and quantity of the present and future water supply for the City, which will minimize the transport of pollutants and sediment to the water supply, and maintain the yield of the water supply watersheds.

2.

This article shall apply to all existing and proposed water supply watersheds within the City.

C.

District delineation.

The City's water supply watershed district is hereby designated, and shall comprise the land areas, which drain to the City's water supply intake on the Little Tallapoosa River. The ridgelines of the respective watersheds and the boundary of a radius seven (7) miles upstream of the respective water supply intake define the boundary of this district. This district shall be further delineated and defined on the water resource district map of the City, which is hereby incorporated and made a part of this article by reference. The following water supply watershed districts and reservoirs are hereby defined and boundaries shall be identified on the water resource district map:

1.

Existing large water supply watersheds. There are none at the present time.

2.

Existing small water supply watersheds. The Little Tallapoosa River Watershed from the City's intake, encompassing a 97 square mile area. An intake for the City is located on this river. This water supply watershed contains three (3) reservoirs (see the table below) either owned in whole or in part by the City, all of which are covered in City's DNR approved reservoir management plan dated June 1992. Because the three (3) reservoirs were placed in use at different times over the past forty (40) years, use restrictions and buffer requirements vary for each reservoir.

Table 3.02.07(C), Little Tallapoosa River Watershed Reservoirs.

3.

Future water supply watersheds. There are no planned large or small future water supply watersheds at the present time within the City limits of the City.

D.

Permitted uses.

The following regulations shall apply to the Little Tallapoosa Water Supply Watershed, which is identified on the water resource district map. All uses, which are lawful at the time of adoption of this article, shall be allowed to continue as lawful land uses until such time as the use is abandoned, as defined in this UDO for nonconforming uses. All uses allowed in the underlying zoning districts as established by this article and county ordinances, except those listed below in prohibited uses, are permitted in the water supply watershed district, subject to the following conditions and standards:

1.

Stream corridor criteria.

a.

The perennial stream corridors of the City's small water supply watershed, within a seven-mile radius upstream of the public drinking water supply intake and the water supply reservoirs, are protected by the following criteria:

1.

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

2.

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

3.

Septic tanks and septic tank drainfields are prohibited in the setback area of subsection (1)(a)(2) above.

b.

The perennial stream corridors of the City's small water supply watershed, outside a seven-mile radius upstream of the public drinking water supply intake and the water supply reservoirs, are protected by the following criteria:

1.

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

2.

No impervious surface shall be constructed within a 75-foot setback on both sides of all perennial streams as measured from the stream bank.

3.

Septic tanks and septic tank drainfields are prohibited in the setback area of subsection (1)(b)(2) above.

2.

Reservoir management plan criteria.

a.

Prohibitions or restrictions on all or some of the following recreational uses (swimming, fishing, boating, docks, and public access) are addressed in the City's DNR-approved reservoir management plan dated June 1992. These restrictions were developed to protect the water quality of the three reservoirs for drinking purposes while optimizing their recreational benefits.

b.

Because the three reservoirs were placed in use at different times over the past forty years, use restrictions and buffer requirements vary for each reservoir.

c.

All new reservoirs shall have a buffer for a distance of 150 feet from the reservoir boundary and shall have prohibitions or restrictions on all or some of the recreational uses listed above, to protect the water quality for drinking purposes.

d.

At such time in the future, if the land use changes at Lake Carroll result in a more concentrated use of the lake, then the City will address imposing more restrictive recreational measures in order to continue to preserve the water quality of the reservoir.

3.

Small water supply watershed criteria.

The following criteria apply to all locations within the City's small water supply watershed.

a.

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

b.

New hazardous waste treatment or disposal facilities are prohibited.

c.

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

d.

New facilities, which handle hazardous materials of certain types and in certain amounts as determined by the Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources.

E.

Exemptions.

The following uses are exempt from the stream corridor buffer and setback requirements if they meet the stipulated conditions:

1.

Utilities.

a.

Utilities shall be located as far as reasonably possible from the stream bank and shall not impair the quality of the drinking water system.

b.

Utilities shall be installed and maintained without changing the integrity of the buffer and setback areas as best as reasonably possible.

2.

Forestry, agricultural and mining activities.

a.

Agricultural activities involving the planting and harvesting of crops are exempted if they conform to the best management practices established by the state Department of Agriculture and USDA.

b.

Forestry activities must conform to the best management practices established by the state forestry commission.

c.

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

d.

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

A.

Findings of fact.

1.

River corridors are the strips of land that flank major rivers in the state. These corridors are of vital importance to the state by helping to preserve the qualities, which make a river suitable as a habitat for wildlife, a site for recreation and a source of clean drinking water.

2.

River corridors also allow the free movement of wildlife from area to area within the state, help control erosion and river sedimentation, and help absorb floodwaters.

B.

Purpose.

The purpose of this article is to establish measures to guide future growth and development in the areas adjacent to the Little Tallapoosa River as defined herein.

Definitions for the following title are located in Article 1 of this UDO.

A.

The 100-foot buffer shall be measured horizontally from the uppermost part of the riverbanks, on each side of the river, usually marked by a break in slope.

B.

Although not within the measured 100-foot wide buffer, the area between the top of bank and the edge of the river shall be treated by the local governments in the same manner as the river corridor and shall be included within the river corridor protection district.

C.

Because stream channels move due to natural processes such as meandering, river bank erosion and jumping of channels, the river corridor shall be considered to be fixed at its position at the beginning of each review period for the City's comprehensive plan.

D.

Any shift in the location of the protected river corridor after the review period will be shown by revision of the boundaries of the river corridor at the time of the next Comprehensive Plan review by the Georgia Department of Community Affairs.

1.

General protection criteria.

The standards and requirements in this article do not supercede those contained in the Metropolitan River Protection Act, the Coastal Marshlands Protection Act, and the Erosion Sedimentation Control Act. Within the Little Tallapoosa River corridor protection district the following shall be the general criteria used to protect this vital water resource:

a.

Construction within the buffer area is prohibited except as provided herein.

b.

A natural vegetative buffer shall be maintained at all times in the river corridor, except as otherwise provided herein.

c.

The natural vegetative buffer shall be restored as quickly as possible following any land-disturbing activity.

d.

Septic tank and septic tank drain fields are prohibited in the river corridor, except as expressly provided in general protection criteria, Section 3.02.05 of this article.

e.

Single-family dwellings including the usual appurtenances are permitted in the buffer area subject to the following conditions:

1.

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

2.

The dwelling shall be located on a tract of land, zoned estate residential ER, containing at least three acres. For purposes of these standards, the size of the tract of land shall not include any area that lies within the protected river, (for tracts of land that include portions of a protected river, the area between the river banks can not be counted towards the three acre minimum size).

3.

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

4.

A septic tank or tanks serving such dwelling may be located within the buffer area. However, septic tank drainfields shall not be located within the buffer area. All septic tank systems within the river corridor area shall be designed as closed system. Whereby, no drainage from the septic system drainfield leaches into the buffer area.

f.

Industrial and commercial land uses existing in the river corridor prior to the promulgation of this ordinance are exempt from the criteria contained herein, provided that:

1.

These uses do not impair the drinking quality of the river water.

2.

These uses meet all state and federal environmental rules and regulations.

g.

The construction of road crossings and utility crossings is permitted in the river corridor, provided such construction meets all requirements of the Erosion and Sedimentation Control Act of 1975 as amended, and all applicable local ordinances on soil erosion and sedimentation control.

2.

Permitted uses.

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

a.

Timber production and harvesting, subject to the following conditions:

1.

Forestry activity shall be consistent with the best management practices established by the state forestry commission; and

2.

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

b.

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

c.

Wastewater treatment and water treatment.

d.

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would but a hard-surface tennis court would not be consistent with this criterion. A parking lot would not be consistent with this criterion. Non-concrete nature paths and natural walking paths or walkways within the river corridor would be consistent with this criterion.

e.

Natural water quality treatment or purification.

f.

Agricultural production and management subject to the following conditions:

1.

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

2.

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

3.

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

g.

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

3.

Prohibited uses within the river corridor:

a.

Handling areas for the receiving and storage of hazardous waste.

b.

Hazardous waste or solid waste landfills.

4.

Exemptions.

The following uses are exempted from the river corridor protection plan:

a.

Land uses existing prior to the promulgation of the City river corridor protection district. For the purposes of this ordinance, a pre-existing use is defined as any land-disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of this ordinance falls within one of the following categories:

1.

The use is completed;

2.

The use is under construction;

3.

The use is fully approved by the governing authority;

4.

The materials have been submitted for approval by the governing body for the purposed use; or

5.

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

b.

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

c.

Utilities, if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the City), provided that:

1.

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

2.

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

3.

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

d.

Specific forestry and agricultural activities except as discussed in the permitted uses subsections 2(a) and 2(f) above.

A.

Site plans.

Application for a local development permit within the: groundwater recharge area, wetlands, water supply watershed or river corridor protection districts shall include a site plan, drawn as specified in the City developer's guide, with the following information:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

All proposed temporary disruptions or diversions of local hydrology.

B.

Activities to comply with the site plan.

All development activities or site work conducted after approval of the site plan shall conform to the specifications of said site plan. Significant changes to the site plan that would alter the amount of impervious surface within the development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the City Engineer, or his designee. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are not exempted from this requirement.

C.

Exemptions to the site plan requirements.

The following activities and developments are exempt from the requirement for detailed site plans, but must meet all conditions associated with obtaining a building permit:

1.

Single-family detached homes constructed on a single lot within an existing subdivision.

2.

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

3.

Construction of minor structures or buildings, such as sheds or additions to a single-family residence.

D.

Review procedures.

The application shall be made to the City Manager, or his designee, and will be reviewed within fifteen (15) days. At the time of the application, the applicant shall pay a site plan review fee. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation and wetland boundary determinations, as deemed necessary by the City Engineer. The review period shall include the preparation of findings including: approval, approval with conditions or disapproval by written notification of the findings of the City Manager and/or the City Engineer. Decisions of the City Engineer may be appealed to the Mayor and City Council.

E.

Duration of permit validity.

1.

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

2.

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

3.

Written notice of pending expiration of the development permit shall be issued by the building official.

F.

Penalties.

1.

When a building or other structure has been constructed in violation of this section, the violator may be required to remove the structure at the discretion of the Mayor and City Council or their designee.

2.

When removal of vegetative cover, excavation, or fill has taken place in violation of this section, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practical, at the discretion of the Mayor and City Council or their designee.

3.

If the City Manager discovers a violation of this ordinance that also constitutes a violation of any provisions of the Clean Water Act as amended, the City shall issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and the landowner.

G.

Suspension and revocation.

The City Manager and/or City Engineer may suspend or revoke a permit if he or she finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. Any appeals of said suspension or revocation shall be addressed by the Board of Development Appeals as specified in this UDO.

This ordinance will be known as "The City of Carrollton Soil Erosion, Sedimentation and Pollution Control Ordinance."

(Res. No. 01-2014, 2-3-14)

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

Best Management Practices (BMPs). These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

Board. The Board of Natural Resources.

Buffer. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Certified Personnel. A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Commission. The Georgia Soil and Water Conservation Commission (GSWCC).

CPESC. Certified Professional in Erosion and Sediment Control with current certification by Certified Profession in Erosion and Sediment Control Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.

Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation.

Department. The Georgia Department of Natural Resources (DNR).

Design Professional. A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control Inc.

Director. The Director of the Environmental Protection Division or an authorized representative.

District. The West Georgia Soil and Water Conservation District.

Division. The Environmental Protection Division (EPD) of the Department of Natural Resources.

Drainage Structure. A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.

Erosion. The process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion, Sedimentation and Pollution Control Plan. A plan required by the Erosion and Sedimentation Act, O.C.G.A. ch. 12-7, that includes, as minimum protections at least as stringent as the State General Permit, best management practices and the requirements in section 3.04.04 of this ordinance.

Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Final Stabilization. All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

Finished Grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading. Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Ground Elevation. The original elevation of the ground surface prior to cutting or filling.

Land-Disturbing Activity. Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in section 3.04.03(5).

Larger Common Plan of Development or Sale. A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Local Issuing Authority. The governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a).

Metropolitan River Protection Act (MRPA). A state law referenced as O.C.G.A. § 12-5-440 et seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Natural Ground Surface. The ground surface in its original state before any grading, excavation or filling.

Nephelometric Turbidity Units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present.

NOI. A Notice of Intent form provided by EPD for coverage under the State General Permit.

NOT. A Notice of Termination form provided by EPD to terminate coverage under the State General Permit.

Operator. The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outfall. The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity.

Phase or Phased. Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project. The entire proposed development project regardless of the size of the area of land to be disturbed.

Properly Designed. Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal.

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

Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion.

Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Soil and Water Conservation District Approved Plan. An erosion, sedimentation and pollution control plan approved in writing by the West Georgia Soil and Water Conservation District.

Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

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

State Waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Structural Erosion, Sedimentation and Pollution Control Practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

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

Vegetative Erosion and Sedimentation Control Measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(1)

Permanent seeding, sprigging or planting, producing long-term vegetative cover,

(2)

Temporary seeding, producing short-term vegetative cover; or

(3)

Sodding, covering areas with a turf of perennial sod-forming grass.

Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Watercourse. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(Res. No. 01-2014, 2-3-14)

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

1.

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

2.

Granite quarrying and land clearing for such quarrying;

3.

Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion;

4.

The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in section 3.04.04 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to [O.C.G.A. ch. 5, art. 2, the] Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (B) of section 3.04.04 and the buffer zones provided by this paragraph shall be enforced by the Local Issuing Authority;

5.

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

6.

Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in subsections 3.04.04(C)(15) and (16) of this article, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices;

7.

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

8.

Any project involving 10,000 square feet or less; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, "State Waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves 10,000 square feet or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the City from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section;

9.

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the City, the City shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

10.

Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the City shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and

11.

Any public water system reservoir.

(Res. No. 01-2014, 2-3-14)

A.

General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of subsections (B) and (C) of this section. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this article and the NPDES General Permit.

B.

Minimum Requirements/BMPs.

1.

Best management practices as set forth in sections (B) and (C) of this section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the City Engineer or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

2.

A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres.

3.

Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by the City or of any state general permit issued by the Division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act", for each day on which such failure occurs.

4.

The City Engineer may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur.

5.

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

C.

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

1.

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

2.

Cut-fill operations must be kept to a minimum;

3.

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

4.

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

5.

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

6.

Disturbed soil shall be stabilized as quickly as practicable;

7.

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

8.

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

9.

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

10.

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

11.

Cuts and fills may not endanger adjoining property;

12.

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

13.

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

14.

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

15.

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

a.

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

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (1) Stream crossings for water lines; or (2) Stream crossings for sewer lines; and

16.

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

a.

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

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (1) Stream crossings for water lines; or (2) Stream crossings for sewer lines.

D.

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

E.

The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.

(Res. No. 01-2014, 2-3-14)

A.

General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The City shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the City. However, the operator is the only party who may obtain a permit.

B.

Application Requirements.

1.

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the City of Carrollton, GA, without first obtaining a permit from the City to perform such activity and providing a copy of Notice of Intent submitted to EPD, as applicable.

2.

The application for a permit shall be submitted to the City Engineer and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in subsection (C) of this section. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of subsection (B) and (C) of this section will be met. Applications for a permit will not be accepted unless accompanied by five copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10. Additional copies of the applicant's erosion, sedimentation and pollution control plans may also be submitted directly to EPD, as specified by the City Engineer.

3.

The City of Carrollton assesses local permitting fees and also state-mandated fees. All applicable fees shall be paid prior to issuance of the land disturbance permit. Except as otherwise provided for herein, fees for an application for a permit on a per-acre of land disturbed basis, as required by this article, shall be as established by the City of Carrollton from time to time by resolution of the City Council. In addition to the local permitting fees, state-mandated fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), and regulations adopted thereunder by EPD, in the amount of $80.00 per disturbed acre, to be divided as follows: $40.00 per acre to the City and $40.00 per acre to the EPD. In the case of a subdivision or other larger common plan of development or sale, "per disturbed acre" includes all acreage to be disturbed in the entire development. Fees for the City shall be submitted to the City including primary and secondary permittees. Fees for the state shall be submitted to the state on EPD forms available at http://www.gaepd.org. However, any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division.

4.

Immediately upon receipt of an application and plan for a permit, the City shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the City. No permit will be issued unless the plan has been approved by the District, and any variances required by Section 3.04.04 (C)(15) and (16) has been obtained, all fees have been paid, and bonding, if required as per this section, have been obtained. Such review will not be required if the City and the District enter into an agreement which allows the City to conduct such review and approval of the plan without referring the application and plan to the District.

5.

If a permit applicant has had two or more violations of previous permits, this ordinance section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the City may deny the permit application.

6.

The City shall require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the City may call the bond to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. The City Manager may release a portion of the letter of credit, for the land-disturbing amount, after final stabilization is complete and all permanent vegetation and stabilization measures are in place. If the permit holder believes they are not in violation of this article such that the surety should not be drawn against, the permit holder may appeal any notice to comply to the City of Carrollton. Appeal shall be made by filing a written notice of appeal within five days of any notice to comply with the City Manager stating the basis for the appeal. The City Council shall consider the appeal at the next scheduled public meeting. Except in emergency situations, the surety shall not be drawn against until the appeal is considered. The decision of the City Council shall be final.

C.

Plan Requirements.

1.

Plans must be prepared to meet the minimum requirements as contained in sections 3.04.04 (B) and (C) of this article, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this article. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. § 12-7-20.

2.

Data Required for Site Plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

D.

Permits.

1.

Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the City of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.

2.

No permit shall be issued by the City unless the erosion, sedimentation and pollution control plan has been approved by the District and the City has affirmatively determined that the plan is in compliance with this ordinance, any variances required by sections 3.04.04 (C)(15) and (16) are obtained, bonding requirements, if necessary, as per section 3.04.05 (6) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the City are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

3.

Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this ordinance, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority.

4.

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

5.

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

6.

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

(Res. No. 01-2014, 2-3-14)

A.

The City Engineer or his or her designee will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the City shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article.

B.

The City must amend its ordinances to the extent appropriate within twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.

C.

The City shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

D.

No person shall refuse entry or access to any authorized representative or agent of the City, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

E.

The District or the Commission or both shall semi-annually review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to O.C.G.A. § 12-7-8(a). The District or the Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion, sedimentation and pollution control program. The District or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found.

F.

The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the Division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the county or municipality as a Local Issuing Authority.

(Res. No. 01-2014, 2-3-14)

A.

Failure to Obtain a Permit for Land-disturbing Activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the City.

B.

Stop-Work Orders.

1.

For the first and second violations of the provisions of this ordinance, the Director or the City shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the City shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the City shall issue an immediate stop-work order in lieu of a warning;

2.

For a third and each subsequent violation, the Director or the City shall issue an immediate stop-work order; and;

3.

All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

4.

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the City or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the City or by the Director or his or her Designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

C.

Bond Forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of section 3.04.05. The City of Carrollton may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

D.

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

(Res. No. 01-2014, 2-3-14)

A.

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

B.

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

C.

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

D.

If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A. § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

(Res. No. 01-2014, 2-3-14)

A.

Administrative Remedies. The suspension, revocation, modification or grant with condition of a permit by the City upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any article; shall entitle the person submitting the plan or holding the permit to a hearing before the City Manager within thirty (30) days after receipt by the City Engineer of written notice of appeal.

B.

Judicial Review. Any person, aggrieved by a decision or order of the Carrollton City Council, after exhausting his administrative remedies, shall have the right to appeal denovo to the Municipal Court of City of Carrollton, Georgia.

(Res. No. 01-2014, 2-3-14)

A.

Effectively. This article shall become effective on the 3rd day of February, 2014.

B.

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

C.

Liability.

1.

Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City or District for damage to any person or property.

2.

The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit.

3.

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

(Res. No. 01-2014, 2-3-14)

In support and furtherance of its findings and determination that the historical, cultural and aesthetic heritage of the City is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people; in order to stimulate revitalization of the business districts and historic neighborhoods and to protect and enhance local historical and aesthetic attractions to tourists and thereby promote and stimulate business; in order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and in order to provide for the designation, protection, preservation and rehabilitation of historic properties and historic districts and to participate in federal or state programs to do the same; the mayor and City council hereby declare it to be the purpose and intent of this chapter to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, objects, landscape features and works of art having a special historical, cultural or aesthetic value, in accordance with the provisions of this chapter.

Definitions for the following section are located in Article 1.

Violations of any provision of this chapter shall be punished as provided in Section 1-11 of Chapter 1 of the City of Carrollton Code of Ordinances.

Prior to any recommended historic district or property being subjected to the terms and conditions of this chapter, the Mayor and City Council shall hold a public hearing after notice of the same appears in the legal organ of the county at least three times prior to the date of such hearing and after all property owners within the proposed designation are given written notice by first-class mail and such notice shall be deemed sufficient when deposited in the U.S. post office. Such notice shall be mailed no less than ten days and not more than twenty (20) days prior to the date of such hearing.

If after considering the recommendation of the Historic Preservation Commission, and all interested parties, and taking into consideration the criteria for designation as outlined in this chapter, the Mayor and City Council may, by ordinance, subject the district or properties to the terms and conditions of this chapter as long as the following information is made a part of the record of the Mayor and City Council's actions regarding designations of such districts or properties:

A.

Description of each individual property, or

B.

Description of each district and a list of the properties in the district, and

C.

Name the owners of each individual property, or

D.

Name the owners of each property within a district, and

E.

Require that a certificate of appropriateness be obtained for material changes in appearance.

Any recommendation rejected by the Mayor and City Council may not be resubmitted for consideration until the passage of twelve (12) months.

Upon the designation of any historic district or property by the action of the Mayor and City Council, all property owners within the affected district or property must be notified by first-class mail (deemed sufficient when deposited in the U.S. post office) within 30 days following the adoption of such district or property and to inform them that a certificate of appropriateness is needed in order to make material changes in appearance.

Nothing in this chapter shall be construed to exempt property owners from complying with this UDO and with existing City or county building and zoning codes, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances, or regulations.

Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect:

A.

The Historic Preservation Commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors, and openings which allow the elements and vermin to enter, the deterioration of exterior architectural features, or the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair.

B.

If the Historic Preservation Commission determines a failure to provide ordinary maintenance or repair, the commission will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have 30 days in which to do this.

C.

If the condition is not remedied in thirty (30) days, the owner shall be punished as provided in section 3.05.03 and, at the direction of the City Council, the Historic Preservation Commission may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the commission.

After the designation of a historic property or of a historic district as authorized in this chapter, no material change, including the partial or total demolition or grading, in the appearance of such historic property, or of a structure, site, object or work of art within such historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the Historic Preservation Commission.

The Historic Preservation Commission shall issue certificates of appropriateness to new structures constructed within designated historic districts, if these structures conform in design, scale, building materials, setback and landscaping to the character of the district specified in the design criteria developed by the commission.

When considering applications for certificates of appropriateness to existing buildings, the Secretary of the Interior's Standards for Historic Preservation Projects, including the secretary's Standards for Rehabilitation may be used as a guideline along with any other criteria herein detailed.

An application for a certificate of appropriateness shall be accompanied by such drawings, photographs, plans or other documentation as may be required by the commission. Applications involving demolition or relocation shall be accompanied by post-demolition or relocation plans for the site.

A.

The Historic Preservation Commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change in the appearance would not have a substantial adverse effect on the aesthetic, or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design, arrangement, texture, and material of the architectural features involved, and the relationship thereof to the exterior architectural style, and pertinent features of the other structures in the immediate neighborhood.

B.

The Historic Preservation Commission shall deny a certificate of appropriateness if it finds that the proposed material change in appearance would have substantial adverse effects on the aesthetic, historic or architectural significance and value of the historic property or the historic district.

At least seven (7) days prior to review of a certificate of appropriateness, the Historic Preservation Commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected by reason of the application, and shall give applicant and such owners an opportunity to be heard. In cases where the Historic Preservation Commission deems it necessary it may hold a public hearing concerning the application.

In its review of applications for certificates of appropriateness, the Historic Preservation Commission shall not consider interior arrangement or use having no effect on exterior architectural features.

The Historic Preservation Commission shall have the power to seek technical advice from outside its members on any application.

A.

The Historic Preservation Commission shall approve or reject an application for a certificate of appropriateness within forty-five (45) days after the filing thereof by the owner or occupant of a historic property, or of a structure, site, object, or work of art located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the Historic Preservation Commission.

B.

Failure of the Historic Preservation Commission to act within such forty-five (45) days shall constitute approval, and no other evidence of approval shall be needed.

A.

If the Historic Preservation Commission rejects an application for a certificate of appropriateness, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The Historic Preservation Commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he so desires, may make modification to the plans and may resubmit the application at any time after doing so.

B.

In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the Historic Preservation Commission shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

Where, by reason of unusual circumstances, the strict application of any provision of this chapter would result in the exceptional practical difficulty or undue hardship upon any owner of a specific property, the Historic Preservation Commission, in passing upon applications, shall have the power to vary or modify strict adherence to such provisions, or to interpret the meaning of such provisions, so as to relieve such difficulty or hardship; provided such variances, modifications, or interpretations shall remain in harmony with the general purpose and intent of such provisions, so that the architectural or historical integrity, or character of the property shall be conserved and substantial justice and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. An undue hardship shall not be a situation of the person's own making.

Pending the formal designation and after the required public information hearing, the Historic Preservation Commission may issue a freeze or moratorium on the demolition or alteration of any district or property being considered and may subject such district or property to the provisions of this article, however limited to a period of six (6) months, which may be extended by affirmative action of the Historic Preservation Commission for a one (1) time extension of six (6) months.

The Historic Preservation Commission shall not grant certificates of appropriateness for demolition or relocation without reviewing at the same time the post demolition or post relocation plans for the site. Upon receipt of an application for a certificate of appropriateness for demolition or relocation, the commission shall use the criteria described in section 3.05.15 to determine whether to deny the application or issue a certificate of appropriateness for demolition or relocation.

Any aggrieved party may appeal any adverse decision of the commission to the county superior court without exercising any further administrative remedies.

Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a certificate of appropriateness.

A.

Criteria for Selection. A historic district is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which conforms to the criteria for evaluation of the National Register of Historic Places as follows:

1.

The quality of significance in American history, architecture, archaeology, engineering and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:

a.

That are associated with events that have made a significant contribution to the broad patterns of our history; or

b.

That are associated with the lives of persons significant in our past; or

c.

That embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

d.

That have yielded, or may be likely to yield, information important in prehistory or history.

2.

Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the national register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

a.

A religious property deriving primary significance from architectural or artistic distinction or historical importance;

b.

A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event;

c.

A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life;

d.

A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events;

e.

A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived;

f.

A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or

g.

A property achieving significance within the past 50 years if it is of exceptional importance.

B.

Boundaries. Boundaries of a historic district shall be shown on the official Zoning Map of the City.

C.

Classification of properties. Individual properties within historic districts shall be classified as:

1.

Historic (contributes to the district);

2.

Nonhistoric (does not contribute but does not detract from the district);

3.

Intrusive (detracts from the district).

A.

Criteria for Selection. A historic property is a building, structure, site, object, work of art; including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation and conforms to the criteria for evaluation of the National Register of Historic Places as set forth in section 3.05.26 (A) above.

B.

Location of record. The site of such historic project shall be shown on the official zoning map of the City.

A.

Any submission for recommendation to the City for designation of a historic district or property shall be in such form and documented to the extent as now or hereafter required for submission of such district or property to the state historic preservation office for consideration and recommendation for the same to be placed on the National Registry of Historic Places.

B.

This report must be submitted to the historic preservation section of the Georgia Department of Natural Resources, 30 days prior to the public hearing on the designation, for their comments.

As a part of the review process for designation of historic districts or property, the Historic Preservation Commission shall hold a public information hearing which shall be advertised in the legal organ of the county, at least two weeks prior to the hearing and a conspicuous notice shall be placed on or about the property or district under consideration, notifying the public of the request and the time and place of the hearing.