The intent of this district is to assure that streams in Coweta County will not become polluted and unsuitable as sources of potable water, to establish buffer zones, to minimize land development within the buffer zones along the streams, to require authorization for land development activities, and to comply with the minimum standards set forth by the State of Georgia Rules for Environmental Planning Criteria chapter 391-3-15.

The stream corridor protection district shall incorporate these streams in Coweta County, Georgia, which are now and as are determined by the Coweta County Commission to be important. The district shall consist of all streams, as defined by the Georgia Department of Natural Resources, excluding perennial streams or perennial stream segments upstream from a public water supply intake, which shall be regulated by article 21B, water supply watershed protection district. The district shall apply to the stream protection area along both sides of a stream. The stream protection area is the buffer zone along each side of a stream as set forth in subsection 214.1, buffer and setback requirements.

Within the stream corridor protection district, all minimum standards established by the State of Georgia for protection of watersheds in chapter 391-3-15 of rules of the Georgia Department of Natural Resources, Environmental Protection Division, shall apply. Said rules are hereby incorporated into this ordinance by reference. Additionally, this ordinance shall apply to all land development activity on property containing a stream protection area. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law. These requirements do not constitute approval or exemption from buffer requirements established under other applicable local, state, or federal regulations.

Within the SCP area, established by this article and the above-referenced state regulations, uses permitted other than those set out in the above-referenced regulations are as follows:

(a)

Forestry is permitted so long as it is accomplished in a manner consistent with standard management practices as established by the Georgia Erosion and Sediment Control Act (O.C.G.A. § 12-7-3 et seq., as amended).

(b)

Agriculture is permitted so long as it is accomplished in a manner consistent with agricultural practices established by the Georgia department of agriculture and so long as it complies with the Georgia Erosion and Sediment Control Act (O.C.G.A. § 12-7-3 et seq., as amended). The use of herbicides, pesticides, and fertilizers is prohibited within 100 feet of the protected stream as measured from the stream's banks.

(c)

Lake construction on streams included in the stream corridor protection district will be permitted so long as that construction is accomplished in a manner consistent with (O.C.G.A. § 12-7-3 et seq., as amended), [and] guidelines for lake construction established by the Soil Conservation Service and so long as proper approvals are received from all necessary state and federal agencies, including, but not limited to, the Army Corps of Engineers, the Federal Environmental Protection Agency and the state environmental protection agency and the state environmental protection division. Notwithstanding the above, septic tanks, structures and drainfields must be located at least 100 feet from the lake, pond of [or] impoundment.

(d)

[Reserved.]

(e)

Less intrusive impervious structures like patios, gazebos, decks, etc., may be constructed between the 75 foot buffer and the 150 foot setback limitation with no encroachment closer than 75 feet from the streambank with the following provisions:

1.

No structures allowed in the 100-year floodplain.

2.

The total structure area must be less than 20 percent of the property within the 150 feet setback area including the 100-year floodplain.

3.

The community development director must approve and permit all such structures.

4.

Construction of these impervious structures must comply with all federal, state and local laws and ordinances.

(f)

Activities for the purpose of building one of the following:

1.

A stream crossing by a driveway, transportation route or utility line;

2.

Public water supply intake or public wastewater outfall structures;

3.

Intrusions necessary to provide access to a property;

4.

Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

5.

Unpaved foot trails and paths;

6.

Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

(g)

Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in item (f)1, above.

(h)

Land development activities within a right-of-way existing at the time this ordinance takes effect or approved under the terms of this ordinance.

(i)

Within an easement of any utility existing at the time this ordinance takes effect or approved under the terms of this ordinance, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents and valve structures.

(j)

Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the community development department on the next business day after commencement of the work. Within ten days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the community development department to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

After the effective date of this ordinance, it shall apply to new subdividing and platting activities.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to article 28 of the zoning and development ordinance.

Editor's note— As originally promulgated, § 212 contained no subsection (d).

(Ord. No. 004-20, 1-7-20)

In addition to all requirements set out above, additional requirements shall apply to that portion of the Cedar Creek watershed above the county's designated water intake (more specifically defined according to a plat prepared by Hensley-Schmidt, Inc., and entitled "Stream Corridor Protection Zone") as follows:

1.

Sanitary landfills are not allowed within the drainage basin.

2.

No new wastewater stream discharges allowed. Spray irrigation treated wastewater is not allowed within 2,500 feet of a stream.

3.

The use of chemical fertilizers, pesticides or herbicides is prohibited within 250 feet of a stream.

214.1.

Buffer and setback requirements. All land development activity subject to this ordinance shall meet the following requirements:

(a)

An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the streambank. A reduction to the 50 feet may be granted should the topography provide for reduced velocities in runoff. This would be calculated by dividing the 50-foot buffer width by the percent of grade of the approach slope and deducting it from the 50 feet. In no case shall the buffer be reduced to less than 25 feet.

(b)

An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

(c)

No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

214.2.

Variance procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

1.

Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this ordinance, and the community development department finds and determines that the requirements of this ordinance prohibit the otherwise lawful use of the property by the owner, the board of zoning appeals and board of commissioners of Coweta County (under article 28, zoning and development ordinance) may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel.

2.

Except as provided above, the board of zoning appeals and board of commissioners of Coweta County shall grant no variance from any provision of this ordinance without first following the criteria for variances under article 28 of the zoning and development ordinance.

Variances will be considered only in the following cases:

a.

When a property's shape, topography or other physical conditions existing at the time of the adoption of this ordinance prevents land development unless a buffer variance is granted.

b.

Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance would create an extreme hardship.

Variances will not be considered when, following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property.

3.

At a minimum, a variance request shall include the following information:

a.

A site map that include locations of all streams, wetland, floodplain boundaries and other natural features, as determined by field survey;

b.

A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

c.

A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed structures and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

d.

Documentation of unusual hardship should the buffer be maintained;

e.

At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

f.

A calculation of the total area and length of the proposed intrusion;

g.

A stormwater management site plan, if applicable; and

h.

Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

4.

The following factors will be considered in determining whether to issue a variance:

a.

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

b.

The locations of all streams on the property, including along property boundaries;

c.

The location and extent of the proposed buffer or setback intrusion; and

d.

Whether alternative designs are possible which require less intrusion or no intrusion;

e.

The long-term and construction water-quality impacts of the proposed variance;

f.

Whether issuance of the variance is at least as protective of natural resources and the environment.

(Ord. No. 004-20, 1-7-20)

This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

1.

A site plan showing:

a.

The location of all streams on the property;

b.

Limits of required stream buffers and setbacks on the property;

c.

Buffer zone topography with contour lines at no greater than five-foot contour intervals;

d.

Delineation of forested and open areas in the buffer zone; and

e.

Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;

2.

A description of all proposed land development within the buffer and setback; and

3.

Any other documentation that the community development department may reasonably deem necessary for review of the application and to ensure that this ordinance is addressed in the approval process.

All buffer and setback areas must be recorded on the final plat of the property following plan approval.

(Ord. No. 004-20, 1-7-20)

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon Coweta County, its officers or employees, for injury or damage to persons or property.

The community development department may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the appropriate department in making such inspections. Coweta County shall have the authority to conduct such investigations, as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose of investigating and inspecting the sites of any land development activities within the protection area.

No person shall refuse entry or access to any authorized representative or agent who requests entry for 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 official duties.

(Ord. No. 004-20, 1-7-20)

See article 30 of the zoning and development ordinance.