The quality of public drinking water supplies, including the small reservoir and intake site on the upper reach of Hazel Creek, and the Hazel Creek Watershed in central Habersham County must be assured. Land-disturbing activities associated with development can increase erosion and sedimentation, which threaten the storage capacity of reservoirs and impair the quality of public drinking water supplies. Stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients, and sediments into drinking water supplies, making water treatment more complicated and expensive and rendering waters resources unusable for recreation. Industrial land uses that involve the manufacture, use, transport, and storage of hazardous or toxic waste materials result in potential risks of contamination of nearby public drinking water supplies. Therefore, land use activities within water supply watersheds must be regulated to ensure that public water supplies remain clean. This article establishes standards, consistent with the Georgia Department of Natural Resources' Rules for Environmental Planning Criteria (Rule 391-3-16) to ensure water quality in the watershed system is not compromised by land activities such as grading, septic systems, and accidental release of contaminants. The intent of this article is to minimize the transport of pollutants and sediment to the water supply, to maintain the yield of water supply watersheds, and to ensure water can be treated to meet federal and state drinking water standards.

Wetlands are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the wellbeing of communities in the State of Georgia. Nationally, a considerable number of wetlands have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other activities. Without additional regulation, piecemeal or cumulative losses of wetlands will continue to occur over time. Therefore, it is in the interest of public safety and the general welfare to avoid damage or destruction to wetlands. The purpose of this article is to promote wetlands protection by providing for the withholding of land use and building permits in areas designated as wetlands until a jurisdictional wetland determination is completed, and establishing permitted and prohibited land uses within wetlands.

(Ord. No. 12-22-20, 1-5-2021)

Abandoned sign. A sign that no longer identifies or advertising a location, product, or activity conducted on the premises on which the sign is located. For purposes of this definition, a business or activity shall be considered to have "ceased operations" when there is clear evidence that a business or activity has vacated the building or grounds; provided, however, that this definition shall not apply to any case where a business or activity is temporarily suspended and there is evidence that the business or activity will resume operations within a specifically designated period.

Advertising device. Any structure or device erected or intended for the purpose of displaying advertising situated upon or attached to real property. For purposes of this article, an advertising device is a sign.

Accessory ground sign. A secondary ground sign, smaller in area than a principal ground sign, which is permitted by this article and which is unrestricted as to its content.

Animated sign. A sign with action, motion, sound, or changing colors which accomplishes such action, motion, sound, or changing colors with or without electrical energy. This includes signs with lights or other illuminating devices that blink, flash, fluctuate, or have a changing light intensity, brightness or color; this definition does not include a "swinging sign" as defined by this article.

Area of sign. The area within a continuous perimeter enclosing the limits of writing, representation, emblem, figure, or character together with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such writing, representation, emblem, figure, or character from the background against which it is placed. For double-faced signs, except for commercial off-premises signs, only the largest display face shall be measured in computing the sign area. The display of street address on a ground sign, wall, or window as required by this article shall not be computed in determining the maximum allowable area of a ground, wall, or window sign.

Awning. An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

Awning sign. An awning that contains letters, numbers, symbols, pictures, logos, and illuminated visual display, or other communication, attached, painted on, or made an integral part of an awning. For purposes of this article, awning signs shall be considered wall signs.

Banner. A sign with or without characters, letters, illustrations, or ornamentation applied to cloth, paper, or fabric of any kind with only such material for a backing. For purposes of this article, a banner is a sign.

Building marker. Any sign cut into a masonry surface or made of bronze or other permanent material and which includes the name of a building and date or incidental information, about its construction.

Canopy, attached. A multi-sided structure or architectural projection supported by attachment to a building on one or more sides and also supported by columns at additional points. Signs placed on attached canopies are considered wall signs for the purposes of this article.

Canopy, freestanding. A multi-sided structure or architectural projection supported by columns. Signs placed on freestanding canopies are considered wall signs for the purposes of this article.

Canopy sign. A sign on a canopy. For purposes of this article, a sign on a canopy is a wall sign.

Directory sign. A wall sign which is allowed on a premises with more than one tenant or occupants of a building.

Double-faced sign. A sign which has two display areas against each other or where the interior angle formed by the display areas is 60 degrees or less, where one face is designed to be seen from one direction and the other face from another direction. Only one face shall be used in computing allowable sign area.

Flag. For purposes of this article, except as otherwise provided herein, a "flag" is a "sign."

Frontage, building. The width in linear feet of the front exterior wall of a particular establishment.

Frontage, road.The distance in linear feet of each lot where it abuts the right-of-way of any public street.

Ground sign. A permanently affixed sign which is wholly independent of a building for support (i.e., freestanding). A ground sign may consist of more than one sign panel, provided all such sign panels are attached to or integrated into one sign structure.

Height of sign. The distance in vertical feet from the ground to the highest point of the sign, whether that highest point is the frame of the sign face or panel or the support of the sign.

Holiday decorations. Displays erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent and contain no commercial message.

Internally illuminated sign. A sign illuminated by an internal light source which is viewed through a translucent panel.

Inflatable sign. Any sign that is or can be filled with three cubic feet or more of air or gas.

Licensee.A person and/or entity erecting a sign on property of the owner and/or permittee.

Marquee. A roof-like structure attached to and supported by a building wall (with no vertical supports) and that projects in a cantilever fashion from the wall of a building.

Marquee sign. A sign painted on, attached to, or hung from a marquee. For purposes of this article, marquee signs shall be considered wall signs.

Master signage plan. A plan establishing parameters for the size, location, design, and color of signs on a property which contains multiple uses, buildings, or tenants but which is constructed or managed as a single development.

Nonconforming sign. Any sign which lawfully existed on the effective date of this article but which does not conform to the provisions of this article.

Pennant. A small, triangular or rectangular flag or multiples thereof, made of lightweight plastic, fabric, or other material, individually supported or attached to each other by means of a string, rope, or other material and meant to be stretched across or fastened to buildings, or between poles and/or structures, and which is designed to move in the wind. For purposes of this article, pennants are "signs."

Portable sign. Any sign whether on its own trailer, wheels, or otherwise, which is designed to be transported from one place to another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols (i.e., a changeable copy sign). Even though the wheels or supports of such sign should be removed and the sign converted and attached, temporarily or permanently, to the ground or other structure, said sign shall retain its character as a portable sign.

Portico. A porch or walkway, open to the outside air, that is covered by a roof supported by columns or pillars, typically leading to the entrance of a building. A portico is considered a "canopy" for purposes of this article.

Principal use sign. Any notice or advertisement, which is permitted in conjunction with a principal use or principal building or use located on the property, and which may display a noncommercial, commercial, or other message, the content of which is not regulated by this article.

Projecting sign. A sign projecting more than 14 inches from the outside wall or walls of any building, or canopy, portico, or awning, upon which it is located.

Roof sign. A sign projecting higher than the front building wall or any sign supported by or attached to said roof.

Sidewalk sign. A movable sign not secured or attached to the ground or surface upon which it is located.

Sign. A lettered, numbered, symbolic, pictorial, or illuminated visual display, device, or communication designed or used for the purpose of identifying, announcing, directing, informing, or bring to the attention of others the subject thereon, that is visible from the public right-of-way, a driveway or parking lot with access to a public right-of-way, or from an adjacent property, except as specifically noted otherwise in this article. For purposes of this article, the term "sign" includes "banners," "balloons," "flags," "pennants," "streamers," "windblown devices," and "advertising devices." Furthermore, the term "sign" includes the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of the observers.

Sign face. That part of a sign that is or can be used for advertising purposes.

Streamers. See "pennants."

Subdivision or multi-use sign. A freestanding monument sign pertaining to a subdivision designed for residences, offices, businesses, institutions, or light industries or combination thereof.

Temporary sign. A sign of a nonpermanent nature and erected for a limited duration.

Trailer sign. Any sign mounted on wheels and that may be moved from one location to another.

Wall sign. A single-sided sign with one visible face applied to or mounted to the wall or surface of a building or structure, the display surface of which if attached to a wall does not project more than 14 inches from the outside wall of such building or structure, or if on an awning, canopy, or portico, is flush with the material of said awning, canopy, or portico. Murals shall be considered wall signs and shall be subject to the regulations applicable to wall signs.

Windblown device. Any device not otherwise specifically defined in this article, that is designed to inform or attract, whether or not such device carries a message, and which all or part of the device is set in motion by wind. For purposes of this article, windblown devices are "signs."

Window sign. A sign installed on or within two feet of an exterior window or door and intended to be viewed from the exterior of the building. Displays which show products or depict services sold on the premises are not to be classified as window signs.

(Ord. No. 12-22-20, 1-5-2021)

This article shall apply to all lands within small water supply watersheds, large water supply watersheds, and to water supply reservoirs and their immediate surroundings. This article shall not apply to watersheds not used for public drinking water supply. This article shall also apply to all wetlands as defined in this article as shown on a generalized wetlands map as defined herein.

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

(Ord. No. 12-22-20, 1-5-2021)

The following land uses and activities are exempted from compliance with the water supply watershed requirements of this article:

(1)

Land uses existing prior to the adoption of this chapter.

(2)

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

(3)

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

a.

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

b.

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.

c.

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

(4)

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

a.

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

b.

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

(Ord. No. 12-22-20, 1-5-2021)

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, and which will locate in a small water supply watershed or within seven miles upstream of a water supply intake or a water supply reservoir of a large water supply watershed, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and the requirements of any adopted Fire Prevention Code.

(Ord. No. 12-22-20, 1-5-2021)

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

(1)

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

(2)

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

(3)

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

(Ord. No. 12-22-20, 1-5-2021)

The following regulations shall apply to all lands within the Camp Creek/Hazel Creek small water supply watershed (also see stream buffers delineated in the natural resources element of the city's comprehensive plan.

(1)

Maintain a buffer with a minimum width of 100 feet on both sides of all perennial streams (note: this applies to the Cornelia Branch of Camp Creek, unless otherwise shown), as measured from the stream banks, along all perennial streams within a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(Ord. No. 12-22-20, 1-5-2021)

A buffer shall be maintained for a distance of 150 feet from any water supply reservoir boundary as measured from the normal pool elevation. All development within the 150-foot buffer from any water supply reservoir boundary, and any uses of the reservoir itself including docks, shall comply with a reservoir management plan adopted by the city and approved by the Georgia Department of Natural Resources, which if applicable shall be adopted by reference as if fully set forth herein.

(Ord. No. 12-22-20, 1-5-2021)

If an area proposed for development is located within 50 feet of a wetland as shown on the Generalized Wetlands Map or other pertinent and reliable information, as determined by the zoning administrator, no development permit or building permit on said wetland shall be issued until a jurisdictional wetland determination has been completed and either of the following occur:

The U.S. Army Corps of Engineers determines that there are jurisdictional wetlands present on the proposed development site, a Section 404 permit is required, and either a Section 404 Permit or a letter of permission is issued by the Corps for the proposed development; or the U.S. Army Corps of Engineers determines that jurisdictional wetlands are not present on the proposed development site, and no Section 404 permit or letter of permission is required.

(Ord. No. 12-22-20, 1-5-2021)

Uses of a delineated wetland shall be limited to those specified in the permit, or if no limitations are specified, shall be limited to the following: Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual 404 Permit.

(1)

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

(2)

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.

(3)

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

(4)

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.

(5)

Educational or interpretive areas, places for scientific research, and nature trails.

Development in or adjacent to delineated wetlands shall be evaluated and should be consistent with typical wetland mitigation measures as specified in the city's comprehensive plan, natural resources element.

(Ord. No. 12-22-20, 1-5-2021)