3.02.01   Title

This Section will be known as "Catoosa County Soil Erosion, Sedimentation and Pollution Control Ordinance."

(Ord. of 11-15-16(1))

3.02.02   Definitions

The following definitions shall apply in the interpretation and enforcement of this Section, 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.

Coastal marshlands. Shall have the same meaning as in O.C.G.A. § 12-5-282.

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

CPESC. Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., 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 EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

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

District. The Catoosa County 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 stormwater 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 a minimum protections at least as stringent as the State General Permit, best management practices, and requirements in Section 3.02.04.C.

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 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

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 3.02.03, Paragraph 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 subsection (a) O.C.G.A. § 12-7-8.

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 stormwater 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 Section.

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 Catoosa County 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 stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq. and subsection (f) of Code Section 12-5-30.

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.epd.georgia.gov. 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:

A.

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

B.

Temporary seeding, producing short-term vegetative cover; or

C.

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.

(Ord. of 11-15-16(1))

3.02.03   Exemptions

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

1)

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

2)

Granite quarrying and land clearing for such quarrying;

3)

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

4)

The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. § 12-7-6 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 paragraphs (15) and (16) of Section 3.02.04.C. of this Section, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

7)

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

8)

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

9)

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

10)

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

11)

Any public water system reservoir.

(Ord. of 11-15-16(1))

3.02.04   Minimum Requirements for Erosion, Sedimentation and Pollution Control Using Best Management Practices

A.

General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this Section shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section 3.02.04.B. and C. of this Section. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this Section and the NPDES General Permit.

B.

Minimum Requirements/BMPs.

1)

Best management practices as set forth in Section 3.02.04.B. and C. of this Section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6 subsection (b).

2)

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

3)

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

4)

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

5)

The LIA may set more stringent buffer requirements than stated in Section 3.02.04.C(15), (16) and (17), in light of O.C.G.A. § 12-7-6(c).

C.

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

1)

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

2)

Cut-fill operations must be kept to a minimum;

3)

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

4)

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

5)

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

6)

Disturbed soil shall be stabilized as quickly as practicable;

7)

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

8)

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

9)

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

10)

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

11)

Cuts and fills may not endanger adjoining property;

12)

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

13)

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

14)

Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section 3.02.04.B(2);

15)

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

a.

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

b.

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

16)

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

a.

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

b.

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

17)

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

a.

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

b.

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

c.

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

d.

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

D.

Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any Local Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section 3.02.04.B. and C.

E.

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

(Ord. of 11-15-16(1))

3.02.05   Application/Permit Process

A.

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

B.

Application Requirements.

1)

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Catoosa County without first obtaining a permit from the Stormwater Management Office to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable.

2)

The application for a permit shall be submitted to the Stormwater Management Office and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section 3.02.05.C. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land-disturbing activity proposed will be carried out in such a manner that the provisions of Section 3.02.04.B. and C. 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.

3)

In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. § 12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.

4)

Immediately upon receipt of an application and plan for a permit, the Local Issuing Authority shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the Local Issuing Authority. No permit will be issued unless the plan has been approved by the District, and any variances required by Section 3.02.04.C(15), (16) and (17) have been obtained, all fees have been paid, and bonding, if required as per Section 3.02.05.B(6), have been obtained. Such review will not be required if the Local Issuing Authority and the District have entered into an agreement which allows the Local Issuing Authority to conduct such review and approval of the plan without referring the application and plan to the District. The Local Issuing Authority with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the Local Issuing Authority with plan review authority to act within 35 days shall be considered an approval of the revised Plan submittal.

5)

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

6)

The Local Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Section or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations.

C.

Plan Requirements.

1)

Plans must be prepared to meet the minimum requirements as contained in Section 3.02.04.B. and C., or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The "Manual for Erosion and Sediment Control in Georgia" is hereby incorporated by reference into this Section. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land-disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. § 12-7-20.

2)

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

D.

Permits.

1)

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

2)

No permit shall be issued by the Local Issuing Authority unless the erosion, sedimentation and pollution control plan has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance with this Section, any variances required by Section 3.02.04.C(15), (16) and (17) are obtained, bonding requirements, if necessary, as per Section 3.02.05.B(6) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Local Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

3)

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

4)

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

5)

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

6)

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

(Ord. of 11-15-16(1))

3.02.06   Inspection and Enforcement

A.

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

B.

The Local Issuing Authority must amend its ordinances to the extent appropriate within 12 months of any amendments to the Erosion and Sedimentation Act of 1975.

C.

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

D.

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

E.

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

F.

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

(Ord. of 11-15-16(1))

3.02.07   Penalties and Incentives

A.

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

B.

Stop-Work Orders.

1)

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

2)

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

3)

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

4)

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

C.

Bond Forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Section and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Section 3.02.05.B(6) The Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

D.

Monetary Penalties.

1)

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

(Ord. of 11-15-16(1))

3.02.08   Education and Certification

A.

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

B.

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

C.

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

D.

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

(Ord. of 11-15-16(1))

3.02.09   Administrative Appeal Judicial Review

A.

Administrative Remedies. The suspension, revocation, modification or grant with condition of a permit by the Local Issuing Authority upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Board of Commissioners within 60 days after receipt by the Local Issuing Authority of written notice of appeal.

B.

Judicial Review. Any person, aggrieved by a decision or order of the Local Issuing Authority, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Catoosa County.

(Ord. of 11-15-16(1))

3.02.10   Effectivity, Validity and Liability

A.

Effectivity. The ordinance from which this Section derives shall become effective on the 15th day of November 2016.

B.

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

C.

Liability.

1)

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

2)

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

3)

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

(Ord. of 11-15-16(1))

3.03.01   Purpose

A.

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

B.

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

3.03.02   Applicability

This Section shall apply to all lands within the Catoosa County that are mapped as significant recharge areas as defined by this UDC. These mapped areas shall also be referred to as the Catoosa County Groundwater Recharge Area Protection District.

3.03.03   Exemptions

Any lot of record approved prior to the adoption of this UDC is exempt from the minimum lot size requirements contained in Sections 3.03.04.B. and C. of this UDC.

3.03.04   Protection Criteria

A.

No construction may proceed on a building or mobile home to be served by a septic tank unless the county first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resource for On-Site Sewage Management (hereinafter DHR Manual), and subsections B. and C. below.

B.

New homes served by a septic tank/drain field system shall be on lots having minimum size limitations as follows, based on application of Table MT-1 of the DHR Manual (hereinafter DHR Table MT-1). The minimums set forth in Table MT-1 may be increased further based on consideration of other factors (set forth in sections A—F) of the DHR Manual.

1)

150 percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a high pollution susceptibility area;

2)

125 percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a medium pollution susceptibility area;

3)

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

C.

New mobile home parks served by septic tank/drainfield systems shall have lots or spaces having minimum size limitations as follows, based on application of Table MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors (set forth in sections A—F) of the DHR Manual.

1)

150 percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a high pollution susceptibility area;

2)

125 percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a medium pollution susceptibility area;

3)

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

D.

New agricultural waste impoundment sites shall be lined if they are within a high pollution susceptibility area; a medium pollution susceptibility area and exceed 15 acre-feet; or a low pollution susceptibility area and exceed 50 acre-feet. As a minimum, the liner shall be constructed of compacted clay having a thickness of one-foot and a vertical hydraulic conductivity of less than 5 × 10 ^-7 cm/sec or other criteria established by the Natural Resource and Conservation Service.

E.

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

F.

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

G.

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

3.03.05   Administration and Enforcement Procedures

A.

Site Plans. Application for a local development permit within the Catoosa County Groundwater Recharge Area Protection District shall include a site plan, drawn at a scale of 1 inch = 50 feet, with the following information:

1)

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

2)

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

3)

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

4)

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

5)

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

6)

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

7)

All proposed temporary disruptions or diversions of local hydrology.

B.

Activities to Comply with Site Plan.

1)

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan.

2)

Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the Stormwater Management Director.

3)

Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

C.

Exemptions to Site Plan Requirements. The following activities and developments are exempt from the requirement for detailed site plans.

1)

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

2)

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

3)

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

D.

Review Procedures.

1)

The application shall be made to the Stormwater Management Director and will be reviewed within 15 days.

2)

At the time of the application, the applicant shall pay a filing fee as specified by the county. Filing fees up to the larger of $500.00 or $100.00 per acre may be required to evaluate the application. 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 Stormwater Management Director.

3)

The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the Stormwater Management Director. The applicant will receive written notification of the findings of the Stormwater Management Director. Decisions of the Stormwater Management Director may be appealed to the Catoosa County Public Works Authority.

E.

Duration of Permit Validity.

1)

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

2)

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

3)

Written notice of pending expiration of the development permit shall be issued by the Stormwater Management Director.

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 Stormwater Management Director. 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 practicable, at the discretion of the Stormwater Management Director.

2)

If the Stormwater Management Director discovers a violation of this Section that also constitutes a violation of any provision of the Clean Water Act as amended, the county 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, Revocation.

1)

The Stormwater Management Director may suspend or revoke a permit if he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

2)

The Stormwater Management Director shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the groundwater recharge area is located.

H.

Judicial Review.

1)

Jurisdiction. All final decisions of the county concerning denial, approval or conditional approval of a permit shall be reviewable in the county.

2)

Alternative Actions. Based on these proceedings and the decision of the county, the county commissioners or its designee may, within the time specified by the Magistrate Court of Catoosa County, elect to:

a.

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

b.

Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

c.

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

I.

Amendments. This Section and the Groundwater Recharge Area District Map may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

J.

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

3.04.01   Purpose

A.

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

B.

Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

C.

The purpose of this Section is to promote wetlands protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process.

3.04.02   Establishment of the Wetlands Protection District

A.

The Wetlands Protection District is hereby established which shall correspond to all lands within the jurisdiction of the county that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps.

B.

The generalized wetlands map does not represent the boundaries of jurisdictional wetlands within the county and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this Section does not relieve the landowner from federal or state permitting requirements.

3.04.03   Protection Criteria

No regulated activity will be permitted within the Wetlands Protection District without written permission or a permit from the county.

A.

If the area proposed for development is located within 50 feet of a wetlands protection district boundary, as determined by the Stormwater Management Director using the Generalized Wetlands Map, a U.S. Army Corps of Engineers ("Corps") determination shall be required.

B.

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

3.04.04   Permitted Uses

A.

The following uses shall be allowed as of right within the Wetlands Protection District to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

1)

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

2)

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

3)

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

4)

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

5)

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

6)

Education, scientific research, and nature trails.

B.

The activities listed under Section 3.04.03.A of this UDC are exempted from Section 404 of the Clean Water Act provided they do not have impacts on a navigable waterway that would necessitate acquisition of an individual 404 permit. However, under Section 10 of the Rivers and Harbors Act, a permit may be required in some circumstances.

3.04.05   Prohibited Uses

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

A.

Receiving areas for toxic or hazardous waste or other contaminants.

B.

Hazardous or sanitary waste landfills.

3.04.06   Administration and Enforcement Procedures

A.

Site Plans. Application for a local development permit within the county wetlands protection district shall include a site plan, drawn at a scale of 1" = 50', 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 scale and vertical scale must be shown on the cross-sectional drawings.

2)

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

3)

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

4)

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

5)

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

6)

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

7)

All proposed temporary disruptions or diversions of local hydrology.

B.

Activities to Comply with Site Plan.

1)

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan.

2)

Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the Stormwater Management Director.

3)

Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

C.

Exemptions to Site Plan Requirements. The following activities and developments are exempt from the requirement for detailed site plans:

1)

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

2)

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

3)

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

D.

Review Procedures.

1)

The application shall be made to the Stormwater Management Director and will be reviewed within 15 days.

2)

At the time of the application, the applicant shall pay a filing fee as specified by the county. Filing fees up to the larger of $500.00 or $100.00 per acre may be required to evaluate the application. 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 Stormwater Management Director.

3)

The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the Stormwater Management Director. The applicant will receive written notification of the findings of the Stormwater Management Director. Decisions of the Stormwater Management Director may be appealed to the Catoosa County Public Works Authority.

E.

Duration of Permit Validity.

1)

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

2)

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

3)

Written notice of pending expiration of the development permit shall be issued by the Stormwater Management Director.

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 Stormwater Management Director.

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 practicable, at the discretion of the Stormwater Management Director.

3)

If the Stormwater Management Director discovers a violation of this Section that also constitutes a violation of any provision of the Clean Water Act as amended, the Board of Commissioners 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, Revocation.

1)

The Stormwater Management Director may suspend or revoke a permit if he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

2)

The Stormwater Management Director shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the wetland is located.

H.

Judicial Review.

1)

Jurisdiction. All final decisions of the Stormwater Management Director concerning denial, approval or conditional approval of a permit shall be reviewable in the Magistrate Court of Catoosa County.

2)

Alternative Actions. Based on these proceedings and the decision of the Magistrate Court of Catoosa County, the Board of Commissioners or its designee may, within the time specified by the Magistrate Court of Catoosa County, elect to:

a.

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

b.

Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

c.

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

I.

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

J.

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

3.05.01   Purpose

A.

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

B.

The purpose of this Section is to establish measures to protect the quality and quantity of the present and future water supply of the county; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watershed. This Section shall apply to all existing and proposed water supply watersheds within the county.

3.05.02   Establishment of a Water Supply Watershed District

A.

The City of Ringgold Water Supply Watershed District is hereby designated and shall comprise the land that drains to the City of Ringgold water supply intake. The boundaries of these overlays are defined by the ridgelines of the respective watersheds and the boundary of a radius of seven miles upstream of the City of Ringgold water supply intake. These overlays shall be further delineated and defined on the Water Supply Watershed Protection District Overlay Map of Catoosa County.

B.

The following water supply watershed districts and reservoirs are hereby defined and the boundaries shall be identified on the Water Supply Watershed Protection District Overlay Map.

1)

The City of Ringgold water supply intake is a small water supply watershed. An intake of the City of Ringgold is located on Chickamauga Creek.

2)

The City of Ringgold water supply watershed does not contain a reservoir.

3.05.03   Protection Criteria

The following regulations shall apply to the City of Ringgold Water Supply Watershed identified on the Water Supply Watershed Protection District Overlay Map as a small water supply watershed.

A.

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

1)

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

2)

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

3)

Septic tanks and septic tank drainfields are prohibited in the 150-foot setback area as described in Section 3.05.03.A.(2).

B.

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

1)

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

2)

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

3)

Septic tanks and septic tank drainfields are prohibited in the 75-foot setback area as described in Section 3.05.03.A.(2).

C.

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

D.

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

3.05.04   Exemptions

The following uses shall be exempted:

A.

Land uses existing prior to the adoption of this UDC.

B.

Mining activities permitted by the department of natural resources under the surface mining act.

C.

Utilities from the stream corridor buffer and setback area provisions in accordance with the following conditions if the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas:

1)

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

2)

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

3)

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

D.

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

1)

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

2)

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

3.05.05   Administration and Enforcement Procedures

A.

Site plans. Application for a local development permit within the City of Ringgold Water Supply Watershed District shall include a site plan, drawn at a scale of 1 inch = 50 feet, with the following information:

1)

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

2)

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

3)

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

4)

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

5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than 2 feet; and no greater than 1 foot for slopes less than or equal to 2 percent.

6)

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

7)

All proposed temporary disruptions or diversions of local hydrology.

B.

Activities to Comply with Site Plan.

1)

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan.

2)

Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the Stormwater Management Director.

3)

Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

C.

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

1)

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

2)

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

3)

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

D.

Review Procedures.

1)

The application shall be made to Stormwater Management Director and will be reviewed within 15 days.

2)

At the time of the application, the applicant shall pay a filing fee as specified by the Board of Commissioners. Filing fees up to the larger of $500.00 or $100.00 per acre may be required to evaluate the application. 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 director of stormwater management.

3)

The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the Stormwater Management Director. The applicant will receive written notification of the findings of the Stormwater Management Director. Decisions of the Stormwater Management Director may be appealed to the Catoosa County Public Works Authority.

E.

Duration of Permit Validity.

1)

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

2)

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

3)

Written notice of pending expiration of the development permit shall be issued by the Stormwater Management Director.

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 Stormwater Management Director.

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 practicable, at the discretion of the Stormwater Management Director.

3)

If the Stormwater Management Director discovers a violation of this Section that also constitutes a violation of any provision of the Clean Water Act as amended, the Board of Commissioners 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, Revocation.

1)

The Stormwater Management Director may suspend or revoke a permit if he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

2)

The Stormwater Management Director shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the water supply watershed is located.

H.

Judicial Review.

1)

Jurisdiction. All final decisions of the Stormwater Management Director concerning denial, approval or conditional approval of a permit shall be reviewable in Catoosa County Magistrate Court.

2)

Alternative Actions. Based on these proceedings and the decision of the Catoosa County Magistrate Court, the Board of Commissioners or its designee may, within the time specified by the Catoosa County Magistrate Court, elect to:

a.

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

b.

Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

c.

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

I.

Amendments. These regulations and the Water Supply Watershed Protection District Overlay Map may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

J.

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

3.06.01   Purpose/Intent

A.

The purpose of this Section is to provide for the health, safety, and general welfare of the citizens of Catoosa County, Georgia, through the regulation of non-stormwater discharges into the storm drainage system, to the maximum extent practicable, as required by federal and state law.

B.

This Section establishes methods for controlling the introduction of pollutants into the county separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Section are to:

1)

Regulate the contribution of pollutants to the county separate storm sewer system (MS4) by any person or user;

2)

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

3)

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

4)

Establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Section.

3.06.02   Applicability

This Section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands, unless explicitly exempted by an authorized enforcement agency.

3.06.03   Responsibility for Administration

The authorized enforcement agency shall administer, implement, and enforce the provisions of this Section. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.

3.06.04   Ultimate Responsibility

The standards set forth herein and promulgated pursuant to this Section are minimum standards; therefore this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

3.06.05   Discharge Prohibitions

No person shall discharge or cause to be discharged into the county storm drain system or watercourses any materials (other than stormwater), including but not limited to pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards.

A.

Permitted Exceptions. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except the following discharges which are exempt from the discharge prohibitions established by this Section:

1)

Flushing of water lines or other potable water sources; landscape irrigation or lawn watering; diverted stream flows; rising groundwater; groundwater infiltration to storm drains; uncontaminated, pumped groundwater; foundation or footing drains (not including active groundwater de-watering systems); crawl space pumps; air conditioning condensation; springs; noncommercial washing of vehicles; natural riparian habitat or wet-land flows; swimming pools (if de-chlorinated with typically less than one PPM chlorine); firefighting activities; and any other water source not containing pollutants.

2)

Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

3)

Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.

4)

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

B.

Prohibition of Illicit Connections.

1)

The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

2)

The prohibitions under this subsection expressly include, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

3)

A person is considered to be in violation of this Section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

4)

Improper connections in violation of this Section must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or to the appropriate sanitary sewer system upon approval of the department or agency responsible for handling and treating sanitary sewer within the geographic area of the improper connection.

5)

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

3.06.06   Suspension of MS4 Access

A.

Suspension Due to Illicit Discharges in Emergency Situations.

1)

The authorized enforcement agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States.

2)

If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

B.

Suspension Due to the Detection of Illicit Discharge.

1)

Any person discharging to the MS4 in violation of this Section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge.

2)

The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access.

3)

The violator may petition the authorized enforcement agency for a reconsideration and hearing.

4)

A person commits an offense in violation of this Section if the person reinstates MS4 access to premises terminated pursuant to this subsection, without the prior approval of the authorized enforcement agency.

3.06.07   Industrial or Construction Activity Discharges

A.

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

B.

Proof of compliance with said permit may be required in a form acceptable to the authorized enforcement agency prior to the allowing of discharges to the MS4.

3.06.08   Monitoring of Discharges

A.

Applicability. This subsection applies to all facilities which produce stormwater discharges associated with industrial activity, including construction activity.

B.

Access to Facilities.

1)

The authorized enforcement agency shall be permitted to enter and inspect facilities subject to regulation under this Section as often as may be necessary to determine compliance with this Section. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.

2)

Facility operators shall allow the authorized enforcement agency ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

3)

The authorized enforcement agency shall have the right to set up on any permitted facility such devices as are necessary, in the opinion of the authorized enforcement agency, to conduct monitoring and/or sampling of the facility's stormwater discharge.

4)

The authorized enforcement agency has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

5)

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

6)

Unreasonable delays in allowing the authorized enforcement agency access to a permitted facility is a violation of a stormwater discharge permit and of this Section. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense in violation of this Section if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Section.

7)

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

3.06.09   Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management Practices

A.

The authorized enforcement agency shall adopt and publish requirements and regulations identifying best management practices (BMPs) for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S.

B.

The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this Section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

3.06.10   Watercourse Protection

A.

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse.

B.

In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

3.06.11   Notification of Spills

A.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

B.

In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.

C.

In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day after said release/discharge occurs. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the date of the release/discharge.

3.06.12   Enforcement

A.

Notice of Violation. Whenever the authorized enforcement agency finds that a person has violated a prohibition or failed to meet a requirement of this Section, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

1)

The performance of monitoring, analyses, and reporting;

2)

The elimination of illicit connections or discharges;

3)

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

4)

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

5)

Payment of a fine to cover administrative and remediation costs; and/or

6)

The implementation of source control or treatment BMPs.

B.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

3.06.13   Appeal of Notice of Violation

A.

Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency to the Board of Commissioners or its designee.

B.

The notice of appeal must be received within 10 days from the date of the notice of violation.

C.

Hearing on the appeal before the appropriate authority or its designee shall take place within 15 days from the date of receipt of the notice of appeal.

D.

The decision of the Catoosa County Board of Commissioners or their designee shall be final.

3.06.14   Enforcement Measures after Appeal

A.

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

B.

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

3.06.15   Cost of Abatement of the Violation

A.

Within 10 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs.

1)

The property owner may file a written protest objecting to the amount of the assessment within 10 days of the day of receipt of said notice.

2)

If the amount due is not paid within a timely manner as determined by the decision of the Board of Commissioners, or their designee, or by the expiration of the time in which to file an appeal (whichever shall first occur), the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

B.

Any person violating any of the provisions of this Section shall become liable to the county by reason of such violation. The amounts assessed pursuant to this Section shall be paid in not more than 12 equal monthly installments beginning on the first day of the month following the date upon which the assessment becomes final. Interest shall accrue on any unpaid assessments at the rate of ten percent per annum beginning on the tenth day following the date upon which said assessment becomes final.

3.06.16   Injunctive Relief

A.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section.

B.

If a person has violated or continues to violate the provisions of this Section, the authorized enforcement agency may petition a court of competent jurisdiction for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

3.06.17   Compensatory Action

In lieu of enforcement proceedings, penalties, and remedies authorized by this Section, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

3.06.18   Violations Deemed a Public Nuisance

In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Section is deemed to be a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored, at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

3.06.19   Criminal Prosecution

A.

Any person who has violated or continues to violate this Section shall be subject to criminal prosecution to the fullest extent permitted by law, which shall include but not necessarily be limited to being subject to the maximum criminal penalty/fine, per violation, per day which is permitted by law and/or being subject to imprisonment for the maximum term permitted by law for violations of county ordinances.

B.

The authorized enforcement agency may recover all attorney's fees, court costs, and other expenses incurred and/or associated with enforcement of this Section, including sampling and monitoring expenses.

3.06.20   Remedies Not Exclusive

The remedies listed in this Section are not exclusive, but are in addition to any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

3.07.01   General Provisions

A.

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

1)

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

2)

Requiring that new development and re-development maintain the predevelopment hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, stream bank erosion, non-point source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;

3)

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

4)

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

5)

Encouraging the use of non-structural stormwater management and better stormwater site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable;

6)

Coordinating site design plans, which include greenspace, with the county's greenspace protection plan;

7)

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

8)

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

3.07.02   Applicability

A.

[Applicable to All Land Development.] This Section shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Section 3.07.02.C. below.

B.

[Applicable Sites.] These standards apply to any new development or re-development site that meets one or more of the following criteria:

1)

New development that involves the creation of 5,000 square feet or more of impervious cover, or that involves other land development activities of one acre or more;

2)

Re-development that includes the creation, addition or replacement of 5,000 square feet or more of impervious cover, or that involves other land development activity of one acre or more;

3)

Any new development or redevelopment, regardless of size, that is defined by the Stormwater Management Director to be a hotspot land use; or

4)

Land development activities that are smaller than the minimum applicability criteria set forth in items 1) and 2) above, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

C.

[Exempt activities.] The following activities are exempt from this Section:

1)

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

2)

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

3)

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

4)

Repairs to any stormwater management facility or practice deemed necessary by the Stormwater Management Director.

D.

Designation of Section Administrator. The Stormwater Management Director, or such other individual designated by the Catoosa County Board of Commissioners from time to time is hereby appointed to administer and implement the provisions of this Section.

E.

Compatibility with Other Regulations.

1)

This Section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law.

2)

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

F.

Stormwater Design Manual. Catoosa County shall utilize the policy, criteria and information, including technical specifications and standards, in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda, for the proper implementation of the requirements of this Section. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.

3.07.03   Permit Procedures and Requirements

A.

Permit Application Requirements.

1)

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

2)

Unless specifically exempted by this Section, any owner or developer proposing a land development activity shall submit to the Catoosa County Stormwater Management Department a permit application on a form provided by the Stormwater Management Director for that purpose.

3)

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

a.

Stormwater concept plan and consultation meeting certification in accordance with Section 3.07.03.B;

b.

Stormwater management plan in accordance with Section 3.07.03.C;

c.

Inspection and maintenance agreement in accordance with Section 3.07.03.D, if applicable;

d.

Performance bond in accordance with Section 3.07.03.E, if applicable; and

e.

Permit application and plan review fees in accordance with Section 3.07.03.F.

B.

Stormwater Concept Plan and Consultation Meeting.

1)

Before any stormwater management permit application is submitted, the Stormwater Management Director may require the land owner or developer to meet with the Catoosa County Stormwater Management Department for a consultation meeting on a concept plan for the post-development stormwater management system to be utilized in the proposed land development project.

a.

If required, this consultation meeting shall take place at the time of the preliminary plan of subdivision or other early step in the development process.

b.

The purpose of this meeting is to discuss the post-development stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential ideas for stormwater management designs before the formal site design engineering is commenced.

2)

To accomplish the goals set forth in this Section, the following information shall be included in the concept plan which shall be submitted in advance of any required meeting:

a.

Existing Conditions/Proposed Site Plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum:

i.

Existing and proposed topography;

ii.

Perennial and intermittent streams;

iii.

Mapping of predominant soils from soil surveys (when available);

iv.

Boundaries of existing predominant vegetation and proposed limits of clearing and grading; and

v.

Location of existing and proposed roads, buildings, parking areas and other impervious surfaces.

b.

Natural Resources Inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of:

i.

Soil conditions;

ii.

Forest cover;

iii.

Topography;

iv.

Wetlands;

v.

Native vegetative areas on the site; and

vi.

Location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.).

vii.

Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.

c.

Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including:

i.

Preliminary selection and location of proposed structural stormwater controls;

ii.

Location of existing and proposed conveyance systems such as grass channels, swales, and storm drains;

iii.

Flow paths;

iv.

Location of floodplain/floodway limits;

v.

Relationship of site to upstream and downstream properties and drainages; and

vi.

Preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.

3)

Local watershed plans and any relevant resource protection plans will be consulted in the discussion of the concept plan.

C.

Stormwater Management Plan Requirements.

1)

[Plan Detail for Stormwater Runoff.] The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this Section, including the performance criteria set forth in Section 3.07.04.

2)

[Plan Approved by Professional Engineer.] The stormwater management plan shall be in accordance with the criteria established in this Section and must be submitted with the stamp and signature of a professional engineer (PE) licensed in the State of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the submittal checklist(s) found in the Stormwater Design Manual.

3)

[Plan Compliance with Requirements.] The stormwater management plan must ensure that the requirements and criteria in this Section are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. The plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the information required in the stormwater management site plan checklist found in the stormwater design manual. This includes the following:

a.

Common address and legal description of site.

b.

Vicinity map.

c.

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

i.

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

ii.

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

iii.

All perennial and intermittent streams and other surface water features;

iv.

All existing stormwater conveyances and structural control facilities;

v.

Direction of flow and exits from the site;

vi.

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

vii.

Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For re-development sites, pre-development conditions shall be modeled using the established guidelines for the portion of the site undergoing land development activities.

4)

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

a.

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

b.

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

c.

Calculations for determining the runoff volumes that need to be addressed for each sub-basin for the development project to meet the post-development stormwater management performance criteria in Section 3.07.04;

d.

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

e.

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

f.

Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a re-development site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in Section 3.07.04 must be met for the stormwater runoff from the entire site.

5)

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

a.

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

b.

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

c.

Cross-Section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria;

d.

A hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs);

e.

Documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Section 3.07.04;

f.

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

g.

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

6)

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

a.

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

b.

The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is 10 percent of the total basin area.

c.

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

d.

The analysis shall be in accordance with the stormwater design manual.

7)

Construction-Phase Erosion and Sedimentation Control Plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act or NPDES Permit for Construction Activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls.

8)

Landscaping and Open Space Plan. A detailed landscaping and vegetation plan describing the woody and herbacious vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include:

a.

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

b.

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

c.

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

d.

Density of plantings;

e.

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

f.

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

9)

Operations and Maintenance Plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved.

a.

These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary.

b.

The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues.

c.

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

10)

Maintenance Access Easements. The applicant must ensure access from public right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis.

a.

Such access shall be sufficient for all necessary equipment for maintenance activities.

b.

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

11)

Inspection and Maintenance Agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by Catoosa County as provided in Section 3.07.03.D, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance with Section 3.07.03.D.

12)

Evidence of Acquisition of Applicable Local, and Non-Local Permits. The applicant shall certify and provide documentation to the Catoosa County Stormwater Management Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan.

D.

Stormwater Management Inspection and Maintenance Agreements.

1)

Prior to the issuance of any permit for a land development activity requiring a stormwater management facility or practice hereunder and for which Catoosa County requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the Catoosa County, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site.

2)

The inspection and maintenance agreement, if applicable, must be approved by the Catoosa County Stormwater Management Department prior to plan approval, and recorded in the deed records upon final plat approval.

3)

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

a.

Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner.

b.

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

4)

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

5)

In addition to enforcing the terms of the inspection and maintenance agreement, the Catoosa County Stormwater Management Department may also enforce all of the provisions for ongoing inspection and maintenance in Section 3.07.06.

6)

Catoosa County, in lieu of an inspection and maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this Section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. However, Catoosa County shall not accept any detention or retention ponds or facilities and said facilities shall be subject to the maintenance requirements of this Section.

E.

Performance and Maintenance Bonds.

1)

The Catoosa County Stormwater Management Department may, in its discretion, require the submittal of a performance security or surety bond prior to the issuance of a permit hereunder in order to ensure that the stormwater structures and practices are installed by the permit holder as required by the approved stormwater management plan.

a.

The amount of said security or bond shall be the total estimated construction cost of the stormwater management structure or practices approved under the permit, plus 25 percent.

b.

The performance security or bond shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan.

2)

The installation performance security or bond shall be released only upon submission of "as built plans" and written certification by a registered professional engineer that the stormwater practices and structures have been installed in accordance with the approved plan and other applicable provisions of this Section.

a.

The Catoosa County Stormwater Management Department shall make a final inspection of the stormwater practices and structures to ensure that they are in compliance with the approved plan and the provisions of this Section.

b.

Provisions for a partial pro-rata release of the performance security or bond based upon the completion of various developmental stages may be done at the discretion of the Director of the Catoosa County Stormwater Management Department.

F.

Application procedure.

1)

Applications for land development permits shall be filed with the Catoosa County Stormwater Management Department.

2)

Permit applications shall include the items set forth in Section 3.07.03.A. and shall include two copies of the stormwater management plan and the inspection maintenance agreement, if applicable.

3)

The Catoosa County Stormwater Management Department shall inform the applicant whether the application, stormwater management plan and inspection and maintenance agreement are approved or disapproved.

4)

If either the permit application, stormwater management plan or inspection and maintenance agreement are disapproved, the Catoosa County Stormwater Management Department shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and re-submit the same, in which event Section 3.07.03.C and this paragraph shall apply to such re-submittal.

5)

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

6)

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

a.

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

b.

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

c.

The Catoosa County Stormwater Management Department shall be allowed to conduct periodic inspections of the project;

d.

No changes may be made to an approved plan without review and written approval by the Catoosa County Stormwater Management Department; and

e.

Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 3.07.05.B.

G.

Application Review Fees. The fee for review of any stormwater management application shall be based on the fee structure established by the Board of Commissioners from time to time and shall be made prior to the issuance of any building permit for the development.

H.

Modifications for Off-Site Facilities.

1)

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

a.

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

b.

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

2)

A stormwater management plan must be submitted to the Catoosa County Stormwater Management Department which shows the adequacy of the off-site or regional facility.

3)

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

a.

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

b.

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

c.

Accelerated stream bank or streambed erosion or siltation;

d.

Degradation of in-stream biological functions or habitat; or

e.

Water quality impairment in violation of state water quality standards, and/or violation of any state or federal regulations.

3.07.04   Post-Development Stormwater Management Performance Criteria

The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this Section:

A.

Water Quality. All stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:

1)

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

2)

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

3)

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

B.

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

1)

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

2)

Twenty-four-hour extended detention storage of the 1-year, 24-hour return frequency storm event;

3)

Erosion prevention measures such as energy dissipation and velocity control.

C.

Overbank Flooding Protection.

1)

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

2)

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

D.

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

E.

Structural Stormwater Controls.

1)

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

a.

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

b.

For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from Catoosa County Stormwater Management Department before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the Catoosa County Stormwater Management Department may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased non-point source pollution loads created on the site in question.

2)

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

F.

Stormwater Credits for Nonstructural Measures. The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Section 3.07.04.A. The applicant may, if approved by the Catoosa County Stormwater Management Department, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement.

1)

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

2)

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

G.

Drainage System Guidelines.

1)

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

2)

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

a.

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

b.

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

c.

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

H.

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

3.07.05   Construction Inspections of Post-Development Stormwater Management System

A.

Inspections to Ensure Plan Compliance During Construction.

1)

Periodic inspections of the stormwater management system construction shall be conducted by the staff of the Catoosa County Stormwater Management Department or conducted and certified by a professional engineer who has been approved by the Catoosa County Stormwater Management Department.

2)

Construction inspections shall utilize the approved stormwater management plan for establishing compliance.

3)

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

a.

The date and location of the inspection;

b.

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

c.

Variations from the approved construction specifications; and

d.

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

4)

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

B.

Final Inspection and As-Built Plans.

1)

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

2)

All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer.

3)

A final inspection by the Catoosa County Stormwater Management Department is required before the release of any performance securities can occur.

3.07.06   Ongoing Inspection and Maintenance of Stormwater Facilities and Practices

A.

Long-Term Maintenance Inspection of Stormwater Facilities and Practices.

1)

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

2)

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

a.

In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Catoosa County Stormwater Management Department shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed.

b.

If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the Catoosa County Stormwater Management Department may correct the violation as provided in Section 3.07.06.D.

3)

Inspection programs by the Catoosa County Stormwater Management Department may be established on any reasonable basis, including but not limited to:

a.

Routine inspections;

b.

Random inspections;

c.

Inspections based upon complaints or other notice of possible violations; and

d.

Joint inspections with other agencies inspecting under environmental or safety laws.

4)

Inspections may include, but are not limited to:

a.

Reviewing maintenance and repair records;

b.

Sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and

c.

Evaluating the condition of stormwater management facilities, and practices.

B.

Right-of-Entry for Inspection. The terms of the inspection and maintenance agreement shall provide for the Catoosa County Stormwater Management Department to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Section is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this Section.

C.

Records of Maintenance Activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Catoosa County Stormwater Management Department.

D.

Failure to Maintain.

1)

If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the Catoosa County Stormwater Management Department, after 30 days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition.

2)

The Catoosa County Stormwater Management Department may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes.

3.07.07   Violations, Enforcement and Penalties

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

A.

Notice of Violation.

1)

If the Catoosa County Stormwater Management Department determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this Section, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Section without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

2)

The notice of violation shall contain:

a.

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

b.

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

c.

A statement specifying the nature of the violation;

d.

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

e.

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

f.

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

B.

Penalties.

1)

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

2)

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

3)

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

a.

Stop Work Order

i.

The Catoosa County Stormwater Management Department may issue a stop work order which shall be served on the applicant or other responsible person.

ii.

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

b.

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

c.

Suspension, Revocation or Modification of Permit

i.

The Catoosa County Stormwater Management Department may suspend, revoke or modify the permit authorizing the land development project.

ii.

A suspended, revoked or modified permit may be re-instated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be re-instated, upon such conditions as the Catoosa County Stormwater Management Department may deem necessary, to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

d.

Civil Penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the Catoosa County Stormwater Management Department shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the Catoosa County Stormwater Management Department has taken one or more of the actions described above, the Catoosa County Stormwater Management Department may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

e.

Criminal Penalties

i.

For intentional and flagrant violations of this Section, the Catoosa County Stormwater Management Department may issue a citation to the applicant or other responsible person, requiring such person to appear in the Catoosa County Magistrate Court to answer charges for such violation.

ii.

Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

3.08.01   Statutory Authorization, Findings of Fact, Purpose and Objectives

A.

Authorization. Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-l-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 Board of Commissioners, of Catoosa County Georgia, does ordain as follows:

B.

Findings of Fact.

1)

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

2)

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.

C.

Statement of Purpose. It is the purpose of this Section 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:

1)

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

2)

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;

3)

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

4)

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

5)

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

D.

Objectives. The objectives of this Section are:

1)

To protect human life and health;

2)

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;

3)

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,

4)

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

5)

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

6)

To minimize prolonged business interruptions, and;

7)

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

(Ord. of 9-19-17(2); Ord. No. 09-003, Art. I, 9-19-23)

3.08.02   General Provisions

A.

Lands to Which This Section Applies. This Section shall apply to all areas of special flood hazard within the jurisdiction of Catoosa County, Georgia.

B.

Basis for Area of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study (FIS), dated September 11, 2009 with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this Section.

For those land areas acquired by a municipality through annexation, the current effective FIS dated September 11, 2009, with accompanying maps and other supporting data and any revision thereto, for Catoosa 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 for Catoosa County.

The repository for public inspection of the flood insurance study (FIS), accompanying maps and other supporting data is located: Catoosa County Stormwater Management 184 Tiger Trail Ringgold, GA 30736.

C.

Establishment of Development Permit. A development permit shall be required in conformance with the provisions of this Section prior to the commencement of any development activities.

D.

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

E.

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

F.

Interpretation. In the interpretation and application of this Section 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.

G.

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

H.

Penalties for Violation. Failure to comply with the provisions of this Section 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 Section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000.00 or imprisoned for not more than 30 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 Catoosa County Government from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. of 9-19-17(2); Ord. No. 09-003, Art. II, 9-19-23)

3.08.03   Administration

A.

Designation of Ordinance Administrator. The Catoosa County Stormwater Director is hereby appointed to administer and implement the provisions of this Section.

B.

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

Specifically, the following information is required:

1)

Application Stage.

a.

Elevation in relation to mean sea level (or highest adjacent grade in an A zone without elevations) 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 3.08.04.B(2);

d.

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

2)

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. 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 Stormwater Director 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.

C.

Duties and Responsibilities of the Administrator. Duties of the Stormwater Director shall include, but shall not be limited to:

1)

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

2)

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.

3)

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

4)

When base flood elevation data or floodway data have not been provided in accordance with Section 3.08.02.B, then the Director 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 Section 3.08.04.

5)

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 3.08.03.B(2).

6)

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 3.08.03.B(2).

7)

When flood-proofing is utilized for a structure, the Director shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Section 3.08.03.B(1)c. and Section 3.08.04.B(2) or D(2).

8)

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

9)

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).

10)

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

11)

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 Director 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 Section.

12)

All records pertaining to the provisions of this Section shall be maintained in the office of the Director and shall be open for public inspection.

(Ord. of 9-19-17(2); Ord. No. 09-003, Art. III, 9-19-23)

3.08.04   Provisions for Flood Hazard Reduction

A.

General Standards. In all areas of special flood hazard the following provisions are required:

1)

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

2)

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

3)

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

4)

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 direction.

b.

So as not to violate the "lowest floor" criteria of this Section, 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.

5)

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.

6)

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.

7)

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

8)

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;

9)

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

10)

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

B.

Specific Standards. In all areas of special flood hazard the following provisions are required:

1)

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 and seven-tenths 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 3.08.04.A(4), "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 and seven-tenths feet above the base flood elevation.

2)

Non-Residential Construction. New construction and/or the substantial improvement of any structure located in Al-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 3.08.03.C(6).

3)

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

a.

All manufactured homes placed and/or substantially improved on:

i.

Individual lots or parcels,

ii.

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

iii.

In expansions to existing manufactured home parks or subdivisions, or

iv.

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 and seven-tenths 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, the higher of:

i.

The lowest floor of the manufactured home is elevated no lower than two and seven-tenths 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. (Refer to Section 3.08.04.A(6))

d.

All recreational vehicles placed on sites must either:

i.

Be on the site for fewer than 180 consecutive days; or

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 3.08.04.B(3)a. and (3)c., above.

4)

Floodway. Located within areas of special flood hazard established in Section 3.08.02.B, 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 3.08.04.B(4)a. above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Section 3.08.04.

c.

Removal of trees and other vegetation may not be a consideration in calculating the effect of proposed encroachment on flood levels during the occurrence of the base flood discharge.

5)

Floodway Fringe, Lower. Within the lower floodway fringe is the area between the floodway and the upper floodway fringe that is lower than one-half the distance between the floodway and the boundary of the area of special flood hazard. The lower floodway fringe is a transitional area that is hazardous due to its proximity to the floodway and encroachment by fill or development within this area could have serious impact on the entire floodplain. The following provisions shall apply with the lower floodway fringe:

a.

Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited unless certification by a registered professional engineer, with supporting technical data, is provided to the director demonstrating that encroachments shall not result in any increase in flood levels during occurrence of base flood discharge;

b.

If Section 3.08.04.A(4)a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3.08.04.

c.

The placement of manufactured homes, except in an existing manufactured home park or subdivision, shall be prohibited. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Section 3.08.04.A(6), and the elevation standard of Section 3.08.04.B(1), and the encroachment standards of Section 3.08.04.B(4)a. are met.

d.

Removal of trees and other vegetation may not be a consideration in effects of proposed encroachment on flood levels during the occurrence of the base flood levels during the occurrence of the base flood discharge.

6)

Large Tracts. If a tracts contains over one acre located within the area of special flood hazard, then development or land disturbance on that portion of the tract located within the special flood hazard area shall comply with the standards for lower floodway fringe set forth in subsection B(5).

7)

Other Area Unsuitable for Development. Land subject to flooding that is not located within a mapped area of special flood hazard may, at the discretion of the Director of Floodplain Management, be required to comply with any or all standards set forth in this chapter.

8)

Grading in the Area of the Special Flood Hazard. Grading (including excavating, filing, or any culmination thereof) shall be prohibited in the area of the special flood hazard except for the following:

a.

Minimum land-disturbing activities such as home gardens and individual home landscaping, repairs, maintenance work and other related activities.

b.

Agricultural practices involving the establishment, cultivation or harvesting or products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting (where stumps are not removed), farm ponds, dairy operations, livestock and poultry management practices and the construction of farm buildings;

c.

Projects permitted by or carried out under the technical supervision of the U.S. Department of Agriculture, U.S. Anny Corps of Engineers, or any other agency of the U.S. Government;

d.

Cemetery graves;

e.

Excavation for wells or tunnels or utilities;

f.

Approved mining, quarrying, stockpiling of rock, sand, gravel aggregates or clay where established and provided by law;

g.

Exploratory excavations under the direction of soil engineering geologist;

h.

Where consistent with other provisions of this chapter, minimum grading for land development or construction which does not result in topographic changes greater than two feet at any location and which is not for the sole purpose of elevating structures pursuant to Section 3.08.04.B(1) and Section 3.08.04.B(2) of this chapter. In no case, shall fill be transported into the area of special flood hazard.

i.

Construction activities at existing industrial sites which were developed before the effective date of the first Floodplain Management Ordinance adopted by Catoosa County, GA as a basis for Catoosa County's participation in the National Flood Insurance Program (NFIP), such as dikes, ditches and ponds.

j.

Grading (including excavating, filling, or any culmination thereof) shall be permitted in the Upper Fringe.

9)

As-Built Drawings and Certification. Within the area of the special flood hazard, as-built drawings and certifications shall be provided by a registered professional engineer and/or a registered land surveyor pursuant to Section 3.08.03.B(2) and Section 3.08.04.B(2) of this Section and also when required by the site plan regulations or the subdivision regulations. As-built drawings and other certifications may be required in other situations at the discretion of the Director of Floodplain Management.

C.

Building Standards for Streams Without Established Base Flood Elevations and/or Floodway (A-Zones). Located within the areas of special flood hazard established in Section 3.08.02.B, 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:

1)

When base flood elevation data or floodway data have not been provided in accordance with Section 3.08.02.B, then the Director 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 Section 3.08.04 only if data are not available from these sources, then the following provisions (2) and (3) shall apply:

2)

No encroachments, including structures or fill material, shall be located within an area equal to three times the width of the stream or 50 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 any increase in flood levels during the occurrence of the base flood discharge. However, if detail studies show that the minimum standards of the encroachment could be detrimental to the natural floodplain, the Catoosa County Stormwater Director would make the final determination.

3)

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 two and seven-tenths feet 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 3.08.04.A(4) "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 Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

D.

Standards for Areas of Shallow Flooding (AO-Zones). Areas of special flood hazard established in Section 3.08.02.B, 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:

1)

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 3.08.04.A(4), "Elevated Buildings."

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

2)

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 Section 3.08.03.B(1)c. and Section 3.08.03.B(2).

3)

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

E.

Standards for Subdivisions.

1)

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

2)

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;

3)

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

4)

For subdivisions and/or developments greater than 50)lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR.

5)

If the planned subdivision shows the floodplain is contained entirely within an open space lot, it may not be necessary to conduct a detailed engineering analysis to develop BFE data. Also, it may not be necessary to develop detailed BFE data in "large-lot" subdivisions or single lot subdivisions that are within the thresholds under subparagraph 60.3(b)(3) of the NFIP regulations when the actual building sites are clearly outside the Zone A area.

F.

Standards for Critical Facilities.

1)

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

2)

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

(Ord. of 9-19-17(2); Ord. No. 09-003, Art. IV, 9-19-23)

3.08.05   Variance Procedures

A.

The Board of Commissioners as established by Catoosa County shall hear and decide requests for appeals or variance from the requirements of this Section.

B.

The Board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Stormwater Director in the enforcement or administration of this Section.

C.

Any person aggrieved by the decision of the Board of Commissioners may appeal such decision to the Superior Court of Catoosa 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 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 Section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

F.

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

G.

In reviewing such requests, the Board of Commissioners shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this Section.

H.

Conditions for variances:

1)

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.

2)

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

3)

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

4)

The Stormwater Director 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 Section, the Board of Commissioners may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Section.

(Ord. of 9-19-17(2); Ord. No. 09-003, Art. V, 9-19-23)

3.08.06   Definitions

Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give them the meaning they have in common usage and to give this Section it's 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 Stormwater Director's interpretation of any provision of this Section.

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 3.08.02.B.

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

Base flood elevation (BFE) means the elevation shown on the flood insurance rate map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/Al-A30, AR/AH, AR/AO, Vl-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:

1)

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

2)

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;

3)

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

4)

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 September 28, 1979.

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 March 12, 1987.

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:

1)

The overflow of inland or tidal waters; or

2)

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 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.

Floodway fringe, lower means the portion of the area of special flood hazard that is located between the limit of the floodway and a line connecting all points half the distance between the floodway and the limit of the area of special flood hazard.

Floodway fringe, upper means the portion of the area of special flood hazard that is located between the lower floodway fringe and the boundary of the area of special flood hazard.

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;

1)

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:

2_

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:

3)

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

4)

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

a.

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

b.

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 this Section, the term is synonymous with National Geodetic Vertical Datum (NGVD).

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 September 28, 1979 and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced after March 12, 1987 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 on or after March 12, 1987.

North American Vertical Datum (NAVD) as corrected in 1988 is a vertical control used as a reference for establishing varying elevations within the floodplain.

Recreational vehicle means a vehicle, which is:

1)

Built on a single chassis;

2)

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

3)

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

4)

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 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 it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

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

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

Substantially improved 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 Section, which permits construction in a manner otherwise prohibited by this Section.

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 Section is presumed to be in violation until such time as that documentation is provided.

(Ord. of 9-19-17(2); Ord. No. 09-003, Art. VI, 9-19-23)

3.09.01   Purpose

It is the purpose and intent of Catoosa County in enacting these regulations to provide for increased greenspace in Catoosa County, and to preserve open land in perpetuity for future generations, while not increasing the overall development levels of the county, improve the value of adjacent property, and generally serve to enhance the public health, safety and welfare of the citizens of Catoosa County.

3.09.02   Applicable Districts

A conservation subdivision shall be permissible in the following zoning districts: R-1, R-2, R-3, R-4, RTZ, A-1, PUD.

3.09.03   Design Standards

The following standards shall apply to all conservation subdivisions:

A.

Lots.

1)

If sewer is available, minimum lot size is reduced by 50 percent from the existing minimum residential lot size under the zoning classification. If sewer is not to be used for waste disposal, the minimum lot size shall be 50 percent of the existing minimum lot size for non-sewered property, or the minimum lot size required by the Catoosa County Health Department, whichever is greater. Despite the foregoing, no lot for a single-family detached dwelling in a conservation subdivision shall contain less than 7,500 square feet.

2)

The overall density of lots shall not exceed that number which would be permissible under the normal development standards. The gross density of the overall subdivision shall not be increased above that which is permitted under normal development standards.

3)

In applicable districts, front setbacks are reduced to 15 feet, and rear setbacks are reduced to 20 feet. The minimum width at the building line is reduced to 75 feet.

4)

The applicant shall adhere to all other applicable requirements of this UDC.

B.

Greenspace Areas.

1)

Greenspace areas shall:

a.

Include, but not be limited to: wetlands, river buffer zones, woodlands, wildlife corridors, pastures, meadows, and similar natural property;

b.

Be contiguous to the parcel on which the subdivision is located;

c.

Be contiguous to other greenspace parcels, county parks, Corps of Engineers property, national parks, national forests and similar preserved land where possible;

d.

Be undisturbed and undeveloped;

e.

Be accessible by a county or state road, or by easement;

f.

Not be used for hunting or by motorized recreational vehicles, and any deed of conveyance of greenspace to the county or land trust shall contain a deed restriction to that effect.

2)

Alternative Greenspace.

a.

The applicant may propose alternatives for the standard greenspace requirement.

b.

The applicant may propose purchasing an equivalent amount of greenspace adjacent and contiguous to existing county greenspace elsewhere in the county;

c.

The applicant may propose donating an equivalent amount of greenspace to an approved land trust; or

d.

The applicant may propose submitting funds to purchase an equivalent amount of greenspace, to be paid into the county greenspace bank for future purchase of greenspace, at the county's discretion.

i.

The dollar amount to be contributed and the fair market value of the proposed equivalent greenspace shall be based on appraisals approved by the Planning Commission and shall be considered at pre-development values.

ii.

Payment or contribution of land shall occur prior to approval of the final plat.

e.

Any arrangement under this subsection must also be approved by the Board of Commissioners.

f.

Alternative greenspace arrangements require the voluntary cooperation of the applicant. Otherwise, the standard greenspace requirements established by this Section shall apply.

3.09.04   Application Requirements

A conservation subdivision allows increased residential density in conjunction with the fee simple grant of undeveloped and undisturbed greenspace to the county or to such land trust as the county may designate. The following procedure shall apply to conservation subdivision applications:

A.

The applicant seeking to develop a conservation subdivision must meet with the Zoning Administrator and provide a survey of the entire tract, prior to placement of lots and roads.

B.

The county and the applicant shall then agree upon the tract to be donated.

C.

Where possible, the tract to be donated should connect with other greenspace tracts or trails.

D.

A minimum of one-half of the total acreage of the parcel must be donated to qualify for a conservation subdivision.

E.

Alternative greenspace arrangements are also available as provided herein.

3.09.05   Approval

A.

Approval of a conservation subdivision shall be granted or denied by the Catoosa County Planning Commission. The Planning Commission shall consider the following factors:

1)

Whether the applicant has designated and offered to dedicate appropriate amounts and locations of greenspace.

2)

Whether the conservation subdivision would be detrimental to the uses surrounding the property on which the subdivision is located.

3)

Whether the terrain or location of the property is not suitable for a conservation subdivision, or is not desirable as greenspace.

4)

Whether the area remaining after dedication of the greenspace is suitable for development at the proposed density.

B.

Upon approval of the conservation subdivision by the Planning Commission, the following requirements shall apply:

1)

The applicant shall cause a survey and legal description to be prepared of the greenspace.

2)

Greenspace shall be clearly identified on all preliminary plans and all development plans.

3)

Greenspace shall be dedicated to the county (or to such land trust as the county may designate) prior to approval of the final plat, by fee simple deed, to be preserved in perpetuity as greenspace.

4)

If an appeal is initiated, the applicant may withhold dedication until the appeal is completed.

3.09.06   Appeal

Appeal of the Planning Commission's decision to approve or deny a conservation subdivision can be taken by the applicant or any aggrieved citizen by filing a notice of appeal.

A.

The notice of appeal shall be written and shall be filed with the Zoning Administrator within 30 days of the decision of the Planning Commission.

B.

The Zoning Administrator shall forward the appeal directly to the Board of Commissioners.

C.

The Board of Commissioners shall hear the appeal within 45 days of the date it is forwarded to them from the Zoning Administrator.

3.10.01   Purpose and Intent

A.

The provisions of this Section are intended to prevent developments that will erode hillsides, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties, result in the severe cutting of trees or the scarring of the landscape, or that cannot be served or accessed by public infrastructure, utilities or emergency services.

B.

It is the intent of these development standards to encourage a sensitive form of development that protects the natural and topographic character of ridgelines and hillsides, ensures the public health, safety and welfare, and allows for a reasonable use that complements the natural and visual character of the community.

3.10.02   General Provisions

A.

No land to which this Section applies shall hereafter be subdivided, cleared, developed or uses, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with this Section.

B.

This Section provides both regulations and guidelines. Regulations are identified by use of the term "shall" and compliance is mandatory. Guidelines are identified by use of the term "should" and compliance is not mandatory but is strongly recommended. Substantial inconsistencies with one or more guidelines in a manner that is clearly counter to the purposes of this Section may provide the basis for denial of a development by the Zoning Administrator.

3.10.03   Land Unsuitable for Development

A.

Infrastructure and utilities are either unavailable or have limited availability for building envelopes on ridgelines in the unincorporated areas of Catoosa County in the following locations and elevations:

1)

Building envelopes on ridgeline locations with elevations greater than 1,100 feet located on the west side of Taylor's Ridge and White Oak Mountain; and

2)

Building envelopes on ridgeline locations with elevations greater than 1,200 feet located on the east side of Taylor's Ridge and White Oak Mountain.

B.

Based upon the foregoing, building and development is prohibited on building envelopes at the aforementioned locations. For the purposes of this subsection, a building envelope is defined as that portion of a tract or parcel of land upon which a building is constructed or located or upon which development occurs.

3.10.04   Development Guidelines

The following provisions shall apply to the development of property with a natural slope of 35 percent or more, or the development of property located on Taylor's Ridge or White Oak Mountain ridgelines having elevations equal to or less than those specified in Section 3.10.03.A even though such ridgelines may have a natural slope of less than 35 percent.

A.

General Development Guidelines.

1)

All grading, retaining wall design (retaining walls over 30 inches require engineering), drainage and erosion control plans for development subject to this Section shall be designed by a civil engineer. In cases where geologically hazardous areas exist, such plans shall be prepared by a qualified professional.

2)

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

3)

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

4)

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

5)

Existing deep-rooted vegetation, including trees, bushes, and groundcover, should be removed only in cases where necessary for building, roads, driveways, parking and minimal yards. View corridors from the proposed development to surrounding areas may be provided, but the thinning of limbs of individual trees is preferred over tree removal as a means to provide a view corridor.

B.

Roads.

1)

Roads should be designed to create the minimum feasible amounts of land coverage and the minimum feasible disturbance of the soil.

2)

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

3)

Variations in road design and road construction standards specified in this UDC shall be permitted, as may be approved by the Director of Public Works, to prevent the dedication of unnecessarily large amounts of land.

C.

Fire Protection.

Reserved.