Coweta County Unincorporated
City Zoning Code

ARTICLE 21A

CRCP CHATTAHOOCHEE RIVER CORRIDOR PROTECTION DISTRICT

This classification has been established to provide special regulation for development adjacent to the Chattahoochee River and its tributaries in order to provide adequate protection for future water supplies; to reduce siltation and urban runoff which threaten such water supplies; to reduce exposure of life and property to loss by flooding by controlling floodplain development; to reduce over-intensive development which increases the frequency and severity of such flooding adjacent to major streams; to control erosion, flood damage, and pollution; and to protect from contamination the Chattahoochee River, which has been identified, as required, to provide the future drinking water needs of Coweta County citizens. This river corridor is of vital importance to Coweta County and special regulation for the river corridor is required to preserve the qualities that make the river suitable as a habitat for wildlife and a site for recreation, and control flooding, erosion and river sedimentation, and protect the water quality for future needs.

The CRCP district is hereby established and shall overlay all other zoning districts so that all lands lying within the CRCP district shall also be included in other zoning districts. Each parcel of land within the CRCP district shall be subject to the provisions, regulations and restrictions of both the CRCP district and the other zoning district(s) in which it lies. In the event of conflict or discrepancy between the requirements of the overlaid CRCP district and other underlying district(s), the more stringent requirements shall be observed. O.C.G.A. § 12-2-8 (as amended) authorizes the Department of Natural Resources (DNR) to develop minimum planning standards and procedures for the protection of river corridors in the state, and requires local governments to use these minimum standards in developing and implementing local comprehensive plans.

Interpretation and definitions of terms used in this article:

(1)

Interpretation of certain terms and words. For the purpose of interpreting this article certain words or terms used herein shall be defined as follows:

Words used in the present tense include the future tense. Words used in the singular number include the plural number, and words used in the plural number include the singular number. The word "person" includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual. The word "lot" includes the word "plot," "tract," or "parcel." The word "building" includes the word "structure." The word "shall" is always mandatory.

(2)

List of definitions. Except as specifically defined herein or within article 3 of these regulations, all words used in this article shall carry their customary meanings as defined in a standard dictionary.

Buffer. A natural or enhanced vegetated area located adjacent to a protected river and containing flora native to that area.

Chattahoochee River Protection Plan. That part of the Coweta County Comprehensive Plan, which includes the CRCP district requirements specified herein.

Hazardous materials. Any substance defined as "hazardous material" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq.

Hazardous waste. Any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 CFR section 261.3. (Note: This is the same definition as used in the Georgia Hazardous Waste Management Act.)

Land disturbing activity. Any grading, plowing, scraping, excavating or filling of land; depositing; clearing of vegetation; and any construction, or placement of any structure, impervious surface, dam, obstruction, rebuilding or alteration of a structure. Land disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use.

Land uses existing prior to the promulgation of the CRCP district. Any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of the CRCP district, falls within one of the following categories:

Is completed;

Is under construction;

Is fully approvaed by the governing authority;

All materials have been submitted for approval by the governing authority; or

Is zoned for such use and expenditures in excess of $2,500.00 have been made in preparation for contruction in accordance with such zoning.

Local government. The board of commissioners of Coweta County, Georgia.

Natural vegetative buffer or buffer area. The flora native to the Chattahoochee River Corridor. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, "The Natural Environments of Georgia." Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species.

Overlay district. A district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land use category.

Protected river. Any perennial river or watercourse with an average annual flow of a least 400 cubic feet per second as determined by appropriate U.S. Geological Survey documents.

Public utility or utilities. A service or services provided by a public company or a private entity which provides such service or services, and all equipment and structures necessary to provide such services.

River bank. The rising ground bordering a river, which serves to confine the water to the natural channel during the normal course of flow.

River corridor. All land, inclusive of islands, in areas of a protected river, which serves to confine the water to the natural channel during the normal course of flow.

Because stream channels move due to natural processes, the river corridor may shift with time. For the purpose of these standards, the river corridor shall be considered to be fixed at its position at the time of adoption of the Chattahoochee River Corridor Protection district. Any shift in the location after that time will require a revision of the boundaries of the river corridor at the time of comprehensive plan review by the department of community affairs.

Single-family dwelling. A dwelling structure that is designed for the use of one family.

(Ord. No. 044-19, 10-1-19)

Sec. 210A.- Intent.

The intent of the regulations contained within this district is to assure that the section of river in Coweta County will not become polluted and unsuitable as a source for potable water, in conjunction with other governmental entities along the Chattahoochee River Corridor, to protect the river corridor in order to establish the natural vegetation buffer area bordering the river, preserve those qualities that make the river suitable as a habitat for wildlife and help control erosion and absorb floodwaters. The further intent is to protect and safeguard the health and welfare of all the citizens of Coweta County by providing protection of the section of river that is or may be used as a source of drinking water.

Sec. 211A. - CRCP district requirements.

Area of river protection. The limits of the Chattahoochee River Corridor Protection District shall incorporate the section of river in Coweta County, inclusive of islands as follows: all residentially zoned areas lying within 500 feet horizontally of the Chattahoochee River, and, all nonresidentially zoned areas lying within 2000 feet horizontally of the Chattahoochee River.

II.

Buffer Zones. A 100-foot undisturbed natural vegetative buffer shall be required for all properties within the CRCP district. The buffer shall be measured horizontally from the uppermost part of the riverbank, usually marked by a break in the slope. Although not within the required 100-foot wide buffer, the area between the top of the bank and the edge of the river shall be included in the CRCP district. In addition, a 35-foot undisturbed natural vegetative buffer shall be required along all tributaries within the CRCP district.

III.

Land disturbance. The CRCP district overlay prohibits any construction within the required 100-foot buffer along the river. All properties lying within the CRCP district shall be subject to the county's erosion and sedimentation control ordinance, which regulates land disturbance through required permitting, plan conformance, turbidity monitoring, and inspection of sites.

IV.

Floodplain standards. In addition, the floodplain restrictions of the flood damage prevention ordinance overlay shall apply to all floodprone areas or properties with alluvial soils, which lie within the CRCP district. The flood damage prevention ordinance overlay prohibits any structures and restricts uses within floodplain areas that would restrict or alter the free flow of floodwaters.

Setbacks. For residentially zoned properties within the CRCP a minimum 150 foot building setback is required from the river, measured horizontally from the uppermost part of the riverbank, usually marked by a break in the slope. The required 100-foot buffer may be included within the setback area.

For nonresidentially zoned properties (with the exception of exempt uses or those established prior to the CRCP district), minimum 500-foot building setback is required from the river, measured horizontally from the uppermost part of the riverbank, usually marked by a break in the slope.

Sec. 212A. - Permitted uses.

Within the Chattahoochee River Corridor protection district, all minimum standards established by the Department of Natural Resources (DNR) for the protection of river corridors in O.C.G.A. § 12-2-8 shall apply. Said rules are hereby incorporated into this ordinance by reference. Within this 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:

Single-family dwellings, including the usual appurtenances within the buffer area subject to the following conditions:

The dwelling shall be located on a tract of land containing at least two acres and must meet all other zoning regulations. For the purposes of these standards, the size of the tract of land shall not include any area that lies within the required 100 foot natural buffer (that is, for parcels that include the buffer area along the river banks, that portion cannot be counted towards the two-acre minimum size, and the area between the river banks cannot be counted towards the two acre minimum size).

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

A septic tank(s) and septic tank drainfields serving such a dwelling shall not be located within the 100-foot undisturbed buffer area.

II.

Established nonresidential land uses existing prior to the promulgation of the Chattahoochee River Corridor Protection district are exempt from these criteria, provided that:

Nonresidential uses shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended; and

Nonresidential activity within the CRCP district shall meet all state and federal environmental rules and regulations.

Except as expressly provided for under [subsection] I.C. of these criteria for single-family dwellings, septic tanks and septic tank drainfields for nonresidential uses are prohibited within the 500-foot building setback.

III.

The construction of road crossings and utility crossings provided that construction of such road and utility crossings shall meet all requirements of the Coweta County Soil Erosion and Sediment Control Ordinance.

IV.

Timber production and harvesting, subject to the following conditions:

Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and

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

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

VI.

Wastewater treatment facilities.

VII.

Recreational uses consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with these criteria, but not a hard-surface tennis court. Unpaved paths and walkways shall be permitted within 100-foot buffer area, but not a parking lot.

VIII.

Natural water quality treatment or purification facilities.

IX.

Agricultural production and managements, provide that a buffer of natural vegetation is maintained for a distance of 50 horizontal feet from the bank of the river or tributaries in the CRCP district and subject to the following conditions:

Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission;

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

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

Other uses permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act.

Sec. 213A. - Prohibited uses.

The following uses are prohibited:

Handling areas for the receiving and storage of hazardous waste.

II.

Hazardous waste or solid waste landfills.

Sec. 214A. - Exempt uses.

The following are exempt from the Chattahoochee River Corridor Protection Regulations:

Established land uses existing prior to the promulgation of the CRCP district.

II.

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

III.

Utilities (except as discussed above in subsection 212A.III., if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that:

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

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

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

IV.

Specific forestry and agricultural activities except as discussed above in subsections 212A.IV.A. and B. and IX.A.—C.

The natural vegetative buffer shall be restored as quickly as possible following any land disturbing activity within the CRCP district.

VI.

Except as noted above, all construction within the buffer area shall be prohibited.