Coweta County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 21D
GROUNDWATER RECHARGE PROTECTION DISTRICT
The groundwater recharge protection district shall overlay other zoning districts so that all land lying within the groundwater recharge protection district shall also be included in the underlying district(s). Each parcel of land within the groundwater recharge protection district shall be subject to the provisions, regulations, and restrictions of both the groundwater recharge protection district and its underlying district(s). In the event of a conflict or discrepancy between the requirements of the groundwater recharge protection overlay and the underlying district(s), the more stringent shall apply.
I.
Purpose. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Coweta 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 Coweta County and surrounding communities rely on as sources of public water.
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.
II.
Interpretation of certain terms and words. For the purpose of interpreting this article certain words or terms used herein shall be defined as follows:
A.
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.
III.
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.
Aquifer. Any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.
DRASTIC. The standardized system for evaluating groundwater pollution potential using the hydrologic settings described in U.S. Environmental Protection Agency document EPA-600-2-87-035. (Note: the DRASTIC methodology is the most widely used technique for evaluating pollution susceptibility).
Hazardous waste. Any discarded material which is determined to be a hazardous solid waste under 40 CFR 261.2 by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties that may cause harm to the health of any person handling or otherwise coming into contact with such material or substance. The U.S. Environmental Protection Agency has developed a list of hazardous wastes based upon corrosivity, reactivity and toxicity.
Pollution susceptibility. The relative vulnerability of an aquifer to being polluted from spills, discharges, leaks, impoundments, applications of chemicals, injections and other human activities in the recharge area.
Pollution susceptibility map. The relative vulnerability to pollution prepared by the department of natural resources, using the DRASTIC methodology. (Georgia Department of Natural Resources Hydrologic Atlas 20: Groundwater Pollution Susceptibility Map of Georgia).
Recharge area. Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.
Significant recharge areas. Those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition).
(Ord. No. 046-19, 10-1-19)
Sec. 210D.- Establishment of the groundwater recharge area protection district.
The groundwater recharge area district is hereby established and shall correspond to all lands within the jurisdiction of Coweta County, Georgia, that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition, which shall overlay the Zoning Map of Coweta County and which are shown on the parcel base map entitled "River Corridor, Watershed, and Recharge Map." The protection district shall be established on a parcel by parcel basis so that the whole area of any lot overlain by a significant recharge area or intersected by the boundary of a significant recharge area shall be subject to the protection criteria set forth in section 211D. Said maps and overlay are hereby adopted and made a part of this ordinance.
Determination of pollution susceptibility. Each recharge area shall be determined to have a pollution susceptibility of high, medium, or low based on the Georgia Pollution Susceptibility Map, Hydrologic Atlas 20, 1992 edition. Said map is hereby adopted and made a part of this ordinance.
Sec. 211D. - Protection criteria.
1.
No construction may proceed on a building or mobile home to be served by a septic tank unless the Coweta County Environmental Health Department first approves the proposed septic tank installations as meeting the requirements of the Department of Human Resources Manual for On-site Sewage Management (hereinafter DHR Manual) and items 2, 2A-F and 3, 3A-D below.
2.
Lot size requirements for single-family dwellings including, but not limited to, manufactured or mobile homes, stick-built homes, modular homes, etc., and individual lots in subdivisions or mobile home lots located in areas other than commercial mobile home parks are set forth in DHR Table MT-1 and paragraphs 2.A-F as follows:
Table MT-1
Minimum lot sizes, minimum lot widths and maximum allowable sewage flow for the type of water supply system.
* In this context "non-public" means an individual water supply system or any other water supply system which is not a "public" water supply system.
** gpad = gallons per acre per day = gal/acre/day
A.
The above minimum lot sizes are for the typical size home (three or four bedroom) with basic appurtenances such as: driveway, minimum number of trees, and water supply line. If larger homes, swimming pools, tennis courts or outbuildings, etc. are proposed to be constructed or if trees would interfere with installation of an on-site sewage management system, the county board of health will require larger lots to assure useable soil area.
B.
The county board of health may also require larger lot sizes when physical factors indicate the need to do so. These factors include, but are not limited to, the availability of sufficient unobstructed land areas for an approved on-site sewage management system and approved replacement system, slope greater than five percent, percolation rates higher than 45 minutes per inch, need for subsurface drainage or adverse topographic features.
C.
Lots shall be a minimum width of 100 feet or 150 feet measured within the area where an approved on-site sewage management system and approved replacement system are to be located when served by a public water supply system or non-public water supply system, respectively.
D.
The following land areas are not considered as a part of a lot when calculating the required minimum lot size: rights-of-way of roads, easements (such as power line or pipeline) that exclude installation of an on-site sewage management system, bodies of water, land within 50 feet of a lake, river, stream, wetland or other bodies of water and similar limiting factors.
E.
There must be an unobstructed area on each lot for installation of an approved on-site sewage management system and an area equal in size for a conventional system or larger area, as appropriate, for an approved replacement system; this will include sufficient area for necessary site modifications for installation of both the initial system and a replacement system. All pertinent county zoning setbacks and other space requirements must also be met.
F.
The maximum daily sewage flow for each lot or parcel of land shall not exceed 600 gpad when served by non-public or individual water supply system or 1,200 gpad when served by public water supply system. When sewage flows exceed these quantities (600 or 1,200 gpad as indicated) for a given dwelling structure, the minimum lot size or parcel of land shall be increased proportionally. Example: Assume a public water supply exists (so 1,200 gpad maximum sewage flow allowed per minimum required land area of 21,780 square feet), and there is a proposed sewage flow of 5,000 gpd.
To determine X = the square footage of the lot needed, use the following formula:
X = 5,000 gal/day
1,200 gal/acre/day
X = 4.17 acre
X = 4.17 acres × 43,560 ft. 2 /acre
X = 181,500 ft. 2 area of land needed.
Likewise, for a non-public (individual) water supply, to determine Y = the square footage of the lot needed for a proposed sewage flow of 5,000 gpd, use the following formula:
Y = 5,000 gal/day
600 gal/acre/day
Y = 8.33 acres
Y = 8.33 acres × 43,560 ft. 2 /acre
Y = 363,000 ft. 2 area of land needed.
3.
Lot sizing requirements are as follows for multifamily residential dwellings, all other non-single-family dwellings and commercial structures, and this also includes mobile homes located in commercial mobile home parks. Paragraphs 2A through 2F of this ordinance also apply to Table MT-2:
Table MT-2
Minimum lot sizes, minimum lot widths and maximum allowable sewage flow for the type of water supply system.
* In this context "non-public" means an individual water supply system or any other water supply system which is not a "public" water supply system.
** gpad=gallons per acre per day=gal/acre/day
A.
Subdivisions and individual lots. New homes served by septic tank and absorption field systems shall be on lots having the following minimum size limitations as identified in Table MT-1.
1)
150 percent of the subdivision minimum lot size of Table MT-1 if lot is within a high pollution susceptibility area;
2)
125 percent of the subdivision minimum lot size of Table MT-1 if lot is within a medium pollution susceptibility area;
3)
110 percent of the subdivision minimum lot size of Table MT-1 if lot is within a low pollution susceptibility area.
B.
Mobile home parks. New mobile home parks served by septic tanks and absorption field systems shall be on lots having the following size limitations as identified in Table MT-2.
1)
150 percent of the subdivision minimum lot size of Table MT-2 if lot is within a high pollution susceptibility area;
2)
125 percent of the subdivision minimum lot size of Table MT-2 if lot is within a medium pollution susceptibility area;
3)
110 percent of the subdivision minimum lot size of Table MT-2 if lot is within a low pollution susceptibility area.
C.
If a local government requires a larger lot size than required by [subsection] 3.A. above for homes or [subsection] 3.B. above for mobile homes, the larger lot size shall be used.
D.
Local governments at their option may exempt from the requirements any lot of record prior to the date of adoption of the Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-16-.02.
4.
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 X 10 -7 cm/sec or other criteria established by the Natural Resource Conservation Service.
5.
New aboveground 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.
6.
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.
7.
If article 23, dimensional requirements, requires a larger lot size than that required by Table MT-1 or MT-2, the larger lot size shall be required.
8.
Permanent stormwater infiltration basins shall not be constructed in areas having high pollution susceptibility.
Sec. 212D. - Exemptions.
Any lot of record approved prior to the adoption of this ordinance is exempt from the minimum lot size requirements contained in section 211D, items 2. and 3. of this ordinance.
Sec. 213D. - Site plan requirements.
The following information shall be provided on preliminary plats or predevelopment site plans for any portion of a development lying within the groundwater recharge protection district:
1.
The location and volume of all aboveground petroleum storage tanks and secondary containment facilities.
2.
The location and area of impermeable surface where all hazardous material handling and storage will take place and a description of required spill/leak collection facility. Notes describing the type and nature of hazardous materials to be handled and/or stored on site.
3.
Letter from state or local fire marshal stating that project plans meet spill/leak collection requirements or secondary containment requirements.
4.
Elevation of the property at contour intervals of two feet, and no greater than one foot for slopes less than or equal to two percent.
5.
Determination of on-site slope and soil grouping by a geotechnical engineer registered in the State of Georgia.
6.
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.
7.
All proposed temporary disruptions or diversions of local hydrology.
Sec. 214D. - Activities to comply with site plan.
All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. 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 development review committee. 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.
(Ord. No. 035-08, 11-18-08)
Sec. 215D. - 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 three or fewer parcels.
2.
Single-family detached homes constructed within a subdivision of four or more lots when each lot is 1.60 acres or larger and as long as 1.60 acres exceeds the minimum lot size requirement set forth in section 211D above and DHR Manual, as amended.
3.
Repairs to a facility that is part of a previously approved and permitted development.
4.
Construction of minor structures, such as sheds or additions to single-family residences.
Sec. 216D. - Administration and enforcement procedures.
The county, their agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary. Enforcement procedures shall be as provided in section 273 (violations), section 277.1 (penalties), section 277.2 (remedies), section 278 (records), section 278.1 (fees) of the Coweta County Zoning and Development Ordinance, under article 27 (administration and enforcement).
Sec. 217D. - Existing ordinances.
Each application shall comply with all existing ordinances, amendments thereto and subsequent amendments. Said ordinances include but are not limited to the Coweta County Zoning and Development Ordinance, the Coweta County Soil Erosion and Sedimentation Control Ordinance, and the Coweta County Flood Hazard Ordinance.
Sec. 218D. - Severability and abrogation.
All sections and subsections of this ordinance are considered separate and distinct. Should any section, subsection, paragraph or part of this ordinance be declared by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph or part of this ordinance.