This article is intended to implement rules of the Georgia Department of Natural Resources Environmental Protection Division, known as the Rules for Environmental Planning Criteria, as they specifically relate to groundwater recharge areas (Rule 391-3-16-.02).

(Ord. of 2-18-2003, § 1001)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acre-foot means the volume (as of irrigation water) that would cover one acre to a depth of one foot.

Aquifer means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water for a well.

Drastic means the standardized system for evaluating groundwater pollution potential using the hydrogeologic 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.)

Hydrologic Atlas 18 means a map prepared by the Georgia Department of Natural Resources and published by the Georgia Geologic Survey in 1989, which identifies the most significant groundwater recharge areas of the state as spotted areas labeled as "areas of thick soils."

Hydrologic Atlas 20 means a multicolored map of the State of Georgia at a scale of 1:500,000, prepared by the Georgia Department of Natural Resources using the Drastic methodology and published by the Georgia Geologic Survey in 1992, which shows areas of high, average (or medium), and low susceptibility of groundwater to pollution in Georgia. This map is also commonly known as the Groundwater Pollution Susceptibility Map of Georgia.

Pollution susceptibility means 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. Each significant recharge area shown on Hydrologic Atlas 18 is classified on Hydrologic Atlas 20 as high, medium, or low, and these classifications are relevant in this article.

Recharge area means any portion of the earth's surface where water infiltrates into the ground to replenish an aquifer.

Significantrecharge areas means Those areas mapped by the Georgia Department of Natural Resources in Hydrologic Atlas 18 (1989 edition) within the City of Cumming. Each significant recharge area shall be determined to have a pollution susceptibility of high, medium, or low based on Hydrologic Atlas 20.

(Ord. of 2-18-2003, § 1002)

Hydrologic Atlas 18 is hereby adopted and made a part of this article, as if fully set forth herein.

(Ord. of 2-18-2003, § 1003)

Hydrologic Atlas 20 is hereby adopted and made a part of this article, as if fully set forth herein.

(Ord. of 2-18-2003, § 1004)

This article shall apply to all lands within the city that are mapped as significant recharge areas, as defined by this article. No development permit or building permit shall be issued by the zoning administrator or building official for any building or structure to be served by a septic tank, unless the land use or building conforms to the requirements of this article. Prior to a development 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. of 2-18-2003, § 1005)

No development permit or building permit shall be issued by the zoning administrator for a building or structure to be served by a septic tank, unless the county health department first approves the proposed septic tank installation as meeting the requirements of the Georgia Department of Human Resources Manual for On-Site Sewage Management Systems (hereinafter the DHR Manual) and this article.

(Ord. of 2-18-2003, § 1006)

(a)

Within an area governed by this article, new homes or land uses served by a septic tank/drainfield system shall be on lots having minimum lot sizes as follows, based on application of Table MT-1 of the DHR Manual (hereinafter DHR Table MT-1). The minimums set forth in DHR Table MT-1 may be increased further based on consideration of other factors set forth in sections A—F of the DHR Manual, as determined by the county health department:

(1)

150 percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a high-pollution susceptibility area;

(2)

125 percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within an average or medium-pollution susceptibility area;

(3)

110 percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a low-pollution susceptibility area.

(b)

Any lot of record approved prior to the adoption of the ordinance from which this article is derived shall be exempt from the minimum lot size requirements of this section. Within an area governed by this article, no subdivision plat shall be recorded until and unless such plat has been reviewed and approved by the zoning administrator as being in compliance with the minimum lot sizes established by this section.

(Ord. of 2-18-2003, § 1007)

Within an area governed by this article, the following uses shall be prohibited:

(1)

Aboveground chemical or petroleum storage tanks;

(2)

Agricultural waste impoundment sites;

(3)

Hazardous materials handling facilities;

(4)

Manufactured homes; and

(5)

Manufactured home parks.

(Ord. of 2-18-2003, § 1008)