- CC CEDAR CREEK DISTRICT
This classification is established to protect the Cedar Creek Reservoir and watershed area from damage relating to unrestricted development of the watershed. This valuable future water source should materially aid in providing an adequate water supply for many years to come if fully protected. Its complete protection from contamination is of utmost importance to all county citizens. To ensure such protection the general purposes of this article shall be to:
Allow orderly single-family dwelling development in the area;
Assure that adequate erosion and sedimentation control measures are taken in the watershed area to protect the reservoir; and
Provide an environment of stable character compatible with surrounding areas.
Definitions of special terms used in this article are as follows:
(1)
Erosion, for the purposes of this ordinance, means the removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur because of natural processes alone.
(2)
Land disturbing or logging activity means any land change which may result in soil erosion from water or wind and the movement of sediments into county waters or onto lands within the county, including, but not limited to, clearing, dredging, grading, excavating, logging and transporting and filling of land, except that the term shall not include the following:
(a)
Such minor land disturbing activities as home gardens, and individual home landscaping, repairs, maintenance work, and other related activities which may result in minor soil erosion.
(b)
Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting, farm ponds, and the construction of farm buildings (according to practices, required by Soil Conservation Service specifications, not excluded but within tolerable soil loss of four tons per acre or less per year).
(c)
Any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture.
(d)
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 Coweta County.
(e)
Any activity for which bids have been let or a construction contract signed prior to the date upon which this ordinance becomes effective, provided that said activity is completed within 12 months after the effective date of this ordinance.
(3)
Sediment means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or [of] origin by wind, water, or gravity as a product of erosion.
(4)
Stabilization means the proper placing, grading, and/or covering of soil, rock, or earth to ensure their resistance to erosion, sliding, or other movement.
Required minimum lot size, yard setbacks, height limitations and related requirements are set forth in article 23.
The following uses are allowed in the CC district, subject to the further provisions of this ordinance:
(1)
Single-family dwelling.
(2)
Forestry and agricultural uses, excluding livestock and poultry, unless approved as a conditional use as provided in section 202.
(3)
Guest houses, provided the following standards and regulations are met:
a.
Guest houses are accessory buildings and shall be limited to one such structure per lot and shall not include manufactured, mobile, or modular structures. Guest houses shall meet the yard setbacks of the principal structure.
b.
The guest house and principal dwelling shall be located on the same lot, which shall be a minimum of ten acres in size.
c.
The principal dwelling must exist on-site and be occupied.
d.
The guest house shall not exceed 1,000 square feet, nor be less than 500 square feet.
e.
The exterior materials on the guest house shall mirror the exterior materials on the principal dwelling; however, the building official may allow the use of other materials, provided they are equal to or superior to the principal dwelling.
f.
The guest house shall comply with the building height and yard regulations of the zoning district. Additionally, the guest house must be constructed closer to the principal dwelling than the guest house is to any principal dwelling on any neighboring property.
g.
The guest house is exclusively for housing members of the family and their non-paying guests. Rental of such dwelling is strictly prohibited.
h.
Future subdivision of the property which would place the guest house on a separate lot from the principal dwelling shall require the guest house to be brought into compliance with the minimum square footage requirements for a principal dwelling in the zoning district and all other requirements of article 23, dimensional standards.
i.
Owner of the property shall sign a deed of use restriction regulating the construction and use of the guest house. Said deed restriction shall be properly recorded in the official records of Coweta County, Georgia. A copy shall be provided to the community development department upon completion.
(4)
Customary accessory buildings and uses, provided that accessory buildings shall not occupy more than 25 percent of the required rear yard area.
(5)
Home occupations.
(6)
Manufactured homes, on the same conditions as said manufactured homes are currently allowed in all other single-family residential zoning districts, and so long as all requirements of the Cedar Creek zoning district are met.
(7)
Hunting club or fishing clubs, operated by a private club, for seasonal hunting and fishing and primitive camping, exclusively provided for members and guests, where seasonal membership fees are collected solely for the purpose of making the lease payments for the privilege of hunting or fishing on leased property. Hunting club activities shall not include indoor or outdoor shooting/gun ranges or archery ranges with the exception of a temporary sighting range.
Landowner hunting or fishing on their personal property, where no club is involved, may include friends and family members. (Also allows for the temporary sighting range.)
(Ord. No. 003-14, 1-22-14; Ord. No. 010-15, 3-17-15; Ord. No. 043-19, 10-1-19)
The following conditional uses may be permitted, subject to approval of a conditional use permit by the board of commissioners, after receiving the recommendations of the board of zoning appeals as provided in article 28:
(1)
The keeping of personal (noncommercial and nonboarding) pets and/or livestock numbering not more than five animals, provided that a minimum area of three acres per animal shall be provided for each horse, mule, goat, head of cattle, head of swine, draught animal or similar animal; and provided further that any such activity is located at least 100 feet from all property lines and 200 feet from any off-site residential dwelling, and subject to such additional conditions or limitations as may be specified by the Board of Zoning Appeals.
(2)
Temporary or portable sawmills for cutting timber on the subject property, provided that any machine operations shall not be located closer than 200 feet to any property line.
(3)
Public and private golf and country clubs, and other similar recreational enterprises with the exception of those amenity areas within a residential neighborhood when located on less than five acres or is under the operation of an HOA.
Hunting and fishing clubs open for membership to the general public.
Hunting clubs that also include gun or shooting ranges, or archery ranges.
(4)
Privately operated schools.
(5)
Privately operated day nurseries, preschools, and kindergartens.
(6)
New church or other place of worship, when located on at least five acres, provided that churches with planned cemeteries shall have a minimum of six acres, and provided further that established churches shall be allowed to expand on less acreage, provided ample parking space is available after expansion.
(Ord. No. 003-14, 1-22-14)
The following uses and activities are specifically prohibited or restricted within the CC district:
(1)
New wastewater discharges are prohibited.
(2)
New sanitary landfills are prohibited.
(3)
New hazardous waste treatment or disposal facilities are prohibited.
(4)
The impervious surface area of any new agricultural, residential or other permitted development shall be limited to 10 percent of the total site area.
(5)
Agricultural, residential or other permitted uses which utilize, store, or maintain any toxic chemicals, toxic wastes, or toxic products; or any activity not in compliance with the Georgia Pesticide Control Act of 1976 (O.C.G.A. § 2-7-50 et seq.), Georgia Pesticide Use and Application Act of 1976 (O.C.G.A. § 2-7-90 et seq. and O.C.G.A. § 2-1-4).
(6)
Dumping, discharging, releasing, spraying or distributing any toxic or harmful products.
(7)
Any uses or facilities which utilize, make or create as a product any toxic wastes, heavy metals, grease, animal fat or organic loading is [are] prohibited.
(Ord. No. 044-09, 12-15-09)
The following standards [Sections 204.1 and 204.2] shall govern development within the CC district.
All land disturbing activities shall be conducted in such a way as to adequately protect the Cedar Creek Reservoir and surrounding watershed areas. To accomplish this, all persons engaged in land disturbing activities shall design, implement, and maintain control measures in accordance with the following criteria:
(a)
Stripping of vegetation, grading, and other development activities shall be conducted in such a manner as to minimize soil erosion.
(b)
Cut-fill operations must be kept to minimum.
(c)
Development plans must conform to topography and soil type so as to create the lowest practical erosion potential.
(d)
Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
(e)
The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum.
(f)
Disturbed soil shall be stabilized as quickly as practicable.
(g)
Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.
(h)
Permanent vegetation and structural erosion control measures must be installed as soon as practicable.
(i)
To the extent necessary, sediment in runoff water must be trapped by use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.
(j)
Adequate provisions must be made to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills.
(k)
Cuts and fills may not endanger adjoining property.
(l)
Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners.
(m)
Grading equipment must cross flowing streams by the means of bridges or culverts. The standard reference for design and evaluation of measures shall be the Manual of Standards and Specifications for Control of Soil Erosion and Sediment in Areas Undergoing Urban Development, published by U.S. Department of Agriculture, Soil Conservation Service, Athens, Georgia.
Best management practices (BMP) established by the United States Environmental Protection Agency must be strictly complied with in logging and reforestation activities.
The following procedures [sections 205.1 through 205.5] shall be adhered to when land disturbing activities are undertaken.
An application for a permit for logging and/or land disturbing activities shall include three copies of a site plan with the following features:
(a)
Proportions of the site on which land disturbing activities will be conducted shall be outlined, and the specific activities to be undertaken shall be indicated thereon by symbols and/or written notations and/or references to attached supplementary information.
(b)
Erosion and sediment control measures to be utilized and the locations where each measure is to be applied shall be indicated by symbols and/or written notation and/or references to attached supplementary information.
(c)
Mapping of existing and proposed topography, with contour intervals of either two feet or five feet, may be required for tracts of two acres or more where dense vegetation or topographic characteristics make on-site, visual determination of drainage patterns so difficult as to preclude adequate evaluation of said patterns. It may be required that such mapping extend up to 100 feet beyond the boundaries of the property in question.
(d)
Certificates of application and approval shall be printed on the site plan as follows: Application is hereby made for approval of land disturbing activities described in the attached document, to be conducted on a tract of land described as (Size and Location of Tract) and further described by the attached legal description.
The preventive measures proposed in the attached document, applied as described or as modified by any conditions specified or referenced on this page to the land disturbing activities proposed therein, meet the standards of practice recommended by this agency and satisfy the criteria of the Coweta County Zoning and Development Ordinance.
In accordance with the requirements of the Coweta County Zoning and Development Ordinance, approval is hereby granted for the conduct of the logging and/or land disturbing activities proposed in the attached document.
These statements, when signed by the persons indicated, shall together constitute the permit required by this ordinance.
Immediately upon receipt of an application for a permit, the application shall be referred to the West Georgia Soil and Water Conservation District to review and make recommendations concerning the adequacy of the proposed erosion and sediment control measures in relation to the proposed land disturbing activities. Any conditions of approval shall be indicated on the site plan. If a site plan is not required, conditions shall be specified or referenced on the page containing the statement and certifications required above.
The director may require that the original drawings and/or documents be revised in accordance with said conditions of approval and copies of the same resubmitted.
Permits shall be issued or denied as soon as practicable after the application is filed with the director, but in any event not later than 45 days thereafter. The director shall, upon denial of a permit, state reasons for the denial setting forth specifically wherein such application is found to be deficient. The director shall, upon issuance of a permit, specify the conditions under which the activity may be undertaken.
(Ord. No. 043-19, 10-1-19)
The requirements of these sections shall be enforced by the director, who shall inspect or require adequate inspection of the work. The permit may be suspended, revoked, or modified by the director upon a finding that the holder is not in compliance with the approved site plan or work description or that the holder is in violation of any part of this ordinance.
No approval for occupancy of any building will be granted until all needed measures have been completed or substantially provided in accordance with this ordinance.
(Ord. No. 043-19, 10-1-19)
Persons carrying out these preventive measures and all subsequent owners of property on which such measures have been installed shall adequately maintain all permanent erosion control measures, devices, and plantings in effective working condition.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense as provided by law. For each and every day that such violation exists it shall be deemed a separate offense.
In case any land disturbing activity is undertaken in violation of this ordinance, the director or any other appropriate authority or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of such activity.
(Ord. No. 043-19, 10-1-19)
- CC CEDAR CREEK DISTRICT
This classification is established to protect the Cedar Creek Reservoir and watershed area from damage relating to unrestricted development of the watershed. This valuable future water source should materially aid in providing an adequate water supply for many years to come if fully protected. Its complete protection from contamination is of utmost importance to all county citizens. To ensure such protection the general purposes of this article shall be to:
Allow orderly single-family dwelling development in the area;
Assure that adequate erosion and sedimentation control measures are taken in the watershed area to protect the reservoir; and
Provide an environment of stable character compatible with surrounding areas.
Definitions of special terms used in this article are as follows:
(1)
Erosion, for the purposes of this ordinance, means the removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur because of natural processes alone.
(2)
Land disturbing or logging activity means any land change which may result in soil erosion from water or wind and the movement of sediments into county waters or onto lands within the county, including, but not limited to, clearing, dredging, grading, excavating, logging and transporting and filling of land, except that the term shall not include the following:
(a)
Such minor land disturbing activities as home gardens, and individual home landscaping, repairs, maintenance work, and other related activities which may result in minor soil erosion.
(b)
Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting, farm ponds, and the construction of farm buildings (according to practices, required by Soil Conservation Service specifications, not excluded but within tolerable soil loss of four tons per acre or less per year).
(c)
Any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture.
(d)
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 Coweta County.
(e)
Any activity for which bids have been let or a construction contract signed prior to the date upon which this ordinance becomes effective, provided that said activity is completed within 12 months after the effective date of this ordinance.
(3)
Sediment means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or [of] origin by wind, water, or gravity as a product of erosion.
(4)
Stabilization means the proper placing, grading, and/or covering of soil, rock, or earth to ensure their resistance to erosion, sliding, or other movement.
Required minimum lot size, yard setbacks, height limitations and related requirements are set forth in article 23.
The following uses are allowed in the CC district, subject to the further provisions of this ordinance:
(1)
Single-family dwelling.
(2)
Forestry and agricultural uses, excluding livestock and poultry, unless approved as a conditional use as provided in section 202.
(3)
Guest houses, provided the following standards and regulations are met:
a.
Guest houses are accessory buildings and shall be limited to one such structure per lot and shall not include manufactured, mobile, or modular structures. Guest houses shall meet the yard setbacks of the principal structure.
b.
The guest house and principal dwelling shall be located on the same lot, which shall be a minimum of ten acres in size.
c.
The principal dwelling must exist on-site and be occupied.
d.
The guest house shall not exceed 1,000 square feet, nor be less than 500 square feet.
e.
The exterior materials on the guest house shall mirror the exterior materials on the principal dwelling; however, the building official may allow the use of other materials, provided they are equal to or superior to the principal dwelling.
f.
The guest house shall comply with the building height and yard regulations of the zoning district. Additionally, the guest house must be constructed closer to the principal dwelling than the guest house is to any principal dwelling on any neighboring property.
g.
The guest house is exclusively for housing members of the family and their non-paying guests. Rental of such dwelling is strictly prohibited.
h.
Future subdivision of the property which would place the guest house on a separate lot from the principal dwelling shall require the guest house to be brought into compliance with the minimum square footage requirements for a principal dwelling in the zoning district and all other requirements of article 23, dimensional standards.
i.
Owner of the property shall sign a deed of use restriction regulating the construction and use of the guest house. Said deed restriction shall be properly recorded in the official records of Coweta County, Georgia. A copy shall be provided to the community development department upon completion.
(4)
Customary accessory buildings and uses, provided that accessory buildings shall not occupy more than 25 percent of the required rear yard area.
(5)
Home occupations.
(6)
Manufactured homes, on the same conditions as said manufactured homes are currently allowed in all other single-family residential zoning districts, and so long as all requirements of the Cedar Creek zoning district are met.
(7)
Hunting club or fishing clubs, operated by a private club, for seasonal hunting and fishing and primitive camping, exclusively provided for members and guests, where seasonal membership fees are collected solely for the purpose of making the lease payments for the privilege of hunting or fishing on leased property. Hunting club activities shall not include indoor or outdoor shooting/gun ranges or archery ranges with the exception of a temporary sighting range.
Landowner hunting or fishing on their personal property, where no club is involved, may include friends and family members. (Also allows for the temporary sighting range.)
(Ord. No. 003-14, 1-22-14; Ord. No. 010-15, 3-17-15; Ord. No. 043-19, 10-1-19)
The following conditional uses may be permitted, subject to approval of a conditional use permit by the board of commissioners, after receiving the recommendations of the board of zoning appeals as provided in article 28:
(1)
The keeping of personal (noncommercial and nonboarding) pets and/or livestock numbering not more than five animals, provided that a minimum area of three acres per animal shall be provided for each horse, mule, goat, head of cattle, head of swine, draught animal or similar animal; and provided further that any such activity is located at least 100 feet from all property lines and 200 feet from any off-site residential dwelling, and subject to such additional conditions or limitations as may be specified by the Board of Zoning Appeals.
(2)
Temporary or portable sawmills for cutting timber on the subject property, provided that any machine operations shall not be located closer than 200 feet to any property line.
(3)
Public and private golf and country clubs, and other similar recreational enterprises with the exception of those amenity areas within a residential neighborhood when located on less than five acres or is under the operation of an HOA.
Hunting and fishing clubs open for membership to the general public.
Hunting clubs that also include gun or shooting ranges, or archery ranges.
(4)
Privately operated schools.
(5)
Privately operated day nurseries, preschools, and kindergartens.
(6)
New church or other place of worship, when located on at least five acres, provided that churches with planned cemeteries shall have a minimum of six acres, and provided further that established churches shall be allowed to expand on less acreage, provided ample parking space is available after expansion.
(Ord. No. 003-14, 1-22-14)
The following uses and activities are specifically prohibited or restricted within the CC district:
(1)
New wastewater discharges are prohibited.
(2)
New sanitary landfills are prohibited.
(3)
New hazardous waste treatment or disposal facilities are prohibited.
(4)
The impervious surface area of any new agricultural, residential or other permitted development shall be limited to 10 percent of the total site area.
(5)
Agricultural, residential or other permitted uses which utilize, store, or maintain any toxic chemicals, toxic wastes, or toxic products; or any activity not in compliance with the Georgia Pesticide Control Act of 1976 (O.C.G.A. § 2-7-50 et seq.), Georgia Pesticide Use and Application Act of 1976 (O.C.G.A. § 2-7-90 et seq. and O.C.G.A. § 2-1-4).
(6)
Dumping, discharging, releasing, spraying or distributing any toxic or harmful products.
(7)
Any uses or facilities which utilize, make or create as a product any toxic wastes, heavy metals, grease, animal fat or organic loading is [are] prohibited.
(Ord. No. 044-09, 12-15-09)
The following standards [Sections 204.1 and 204.2] shall govern development within the CC district.
All land disturbing activities shall be conducted in such a way as to adequately protect the Cedar Creek Reservoir and surrounding watershed areas. To accomplish this, all persons engaged in land disturbing activities shall design, implement, and maintain control measures in accordance with the following criteria:
(a)
Stripping of vegetation, grading, and other development activities shall be conducted in such a manner as to minimize soil erosion.
(b)
Cut-fill operations must be kept to minimum.
(c)
Development plans must conform to topography and soil type so as to create the lowest practical erosion potential.
(d)
Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
(e)
The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum.
(f)
Disturbed soil shall be stabilized as quickly as practicable.
(g)
Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.
(h)
Permanent vegetation and structural erosion control measures must be installed as soon as practicable.
(i)
To the extent necessary, sediment in runoff water must be trapped by use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.
(j)
Adequate provisions must be made to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills.
(k)
Cuts and fills may not endanger adjoining property.
(l)
Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners.
(m)
Grading equipment must cross flowing streams by the means of bridges or culverts. The standard reference for design and evaluation of measures shall be the Manual of Standards and Specifications for Control of Soil Erosion and Sediment in Areas Undergoing Urban Development, published by U.S. Department of Agriculture, Soil Conservation Service, Athens, Georgia.
Best management practices (BMP) established by the United States Environmental Protection Agency must be strictly complied with in logging and reforestation activities.
The following procedures [sections 205.1 through 205.5] shall be adhered to when land disturbing activities are undertaken.
An application for a permit for logging and/or land disturbing activities shall include three copies of a site plan with the following features:
(a)
Proportions of the site on which land disturbing activities will be conducted shall be outlined, and the specific activities to be undertaken shall be indicated thereon by symbols and/or written notations and/or references to attached supplementary information.
(b)
Erosion and sediment control measures to be utilized and the locations where each measure is to be applied shall be indicated by symbols and/or written notation and/or references to attached supplementary information.
(c)
Mapping of existing and proposed topography, with contour intervals of either two feet or five feet, may be required for tracts of two acres or more where dense vegetation or topographic characteristics make on-site, visual determination of drainage patterns so difficult as to preclude adequate evaluation of said patterns. It may be required that such mapping extend up to 100 feet beyond the boundaries of the property in question.
(d)
Certificates of application and approval shall be printed on the site plan as follows: Application is hereby made for approval of land disturbing activities described in the attached document, to be conducted on a tract of land described as (Size and Location of Tract) and further described by the attached legal description.
The preventive measures proposed in the attached document, applied as described or as modified by any conditions specified or referenced on this page to the land disturbing activities proposed therein, meet the standards of practice recommended by this agency and satisfy the criteria of the Coweta County Zoning and Development Ordinance.
In accordance with the requirements of the Coweta County Zoning and Development Ordinance, approval is hereby granted for the conduct of the logging and/or land disturbing activities proposed in the attached document.
These statements, when signed by the persons indicated, shall together constitute the permit required by this ordinance.
Immediately upon receipt of an application for a permit, the application shall be referred to the West Georgia Soil and Water Conservation District to review and make recommendations concerning the adequacy of the proposed erosion and sediment control measures in relation to the proposed land disturbing activities. Any conditions of approval shall be indicated on the site plan. If a site plan is not required, conditions shall be specified or referenced on the page containing the statement and certifications required above.
The director may require that the original drawings and/or documents be revised in accordance with said conditions of approval and copies of the same resubmitted.
Permits shall be issued or denied as soon as practicable after the application is filed with the director, but in any event not later than 45 days thereafter. The director shall, upon denial of a permit, state reasons for the denial setting forth specifically wherein such application is found to be deficient. The director shall, upon issuance of a permit, specify the conditions under which the activity may be undertaken.
(Ord. No. 043-19, 10-1-19)
The requirements of these sections shall be enforced by the director, who shall inspect or require adequate inspection of the work. The permit may be suspended, revoked, or modified by the director upon a finding that the holder is not in compliance with the approved site plan or work description or that the holder is in violation of any part of this ordinance.
No approval for occupancy of any building will be granted until all needed measures have been completed or substantially provided in accordance with this ordinance.
(Ord. No. 043-19, 10-1-19)
Persons carrying out these preventive measures and all subsequent owners of property on which such measures have been installed shall adequately maintain all permanent erosion control measures, devices, and plantings in effective working condition.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense as provided by law. For each and every day that such violation exists it shall be deemed a separate offense.
In case any land disturbing activity is undertaken in violation of this ordinance, the director or any other appropriate authority or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of such activity.
(Ord. No. 043-19, 10-1-19)