This article establishes standards, consistent with the Georgia Department of Natural Resources' Rules for Environmental Planning Criteria for Water Supply Watersheds (Rule 391-3-16-.01), to ensure water quality in the watershed system is not compromised by land activities such as grading, septic systems, and accidental release of contaminants. The intent of this article is to minimize the transport of pollutants and sediment to the water supply, to maintain the yield of water supply watersheds, and to ensure water can be treated to meet federal and state drinking water standards. Because state requirements for large water supply watersheds and water supply reservoirs do not apply in the city, such standards are excluded from this article.

(Ord. of 2-18-2003, § 1101)

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:

Buffer means a natural or enhanced vegetated area with no or limited minor land disturbances, such as trails and picnic areas, located adjacent to water supply reservoirs or perennial streams within water supply watersheds.

Corridor means all land within the buffer areas established adjacent to water supply reservoirs or perennial streams within water supply watersheds and within other setback areas specified in this article.

Impervious surface means a manmade structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, and patios.

Perennial stream means a stream that flows throughout the whole year as indicated by a solid blue line on a United States Geological Survey Quadrangle map.

Smallwater supply watershed means a watershed that contains less than 100 square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Utility means a public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads or other utilities identified by a local government.

Watershed protection map means a map in the city's comprehensive plan showing the boundaries of the Big Creek Water Supply Watershed.

Water supply watershed means the area of land upstream of a governmentally owned public drinking water supply intake.

(Ord. of 2-18-2003, § 1102)

The watershed protection map, as defined by this article, is hereby adopted and made a part of this article, as if fully set forth herein.

(Ord. of 2-18-2003, § 1103)

This article shall apply to all lands within small water supply watersheds, specifically the Big Creek Water Supply Watershed, as shown on the watershed protection map. In the case of questions arising as to whether this article applies to a particular property, the zoning administrator shall make the determination.

(Ord. of 2-18-2003, § 1104)

The following land uses and activities are exempted from compliance with this article:

(1)

Land uses existing prior to the adoption of the ordinance from which this article is derived.

(2)

Mining activities permitted by the department of natural resources under the Surface Mining Act.

(3)

If utilities cannot feasibly be located outside the buffer or setback areas required by this article, such utility locations can be exempted from the stream corridor buffer and setback area provisions subject to the following conditions:

a.

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

b.

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible; and

c.

The utilities shall not impair the quality of the drinking water stream.

(4)

Specific forestry and agricultural activities in the stream corridor buffer and setback areas in accordance with the following conditions:

a.

The activity shall be consistent with best management practices established by the state forestry commission or the state department of agriculture; and

b.

The activity shall not impair the quality of the drinking water stream.

(Ord. of 2-18-2003, § 1105)

New facilities which handle hazardous materials of the types listed in section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts of 10,000 pounds or more on any one day, and which will be located in a small water supply watershed, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and the requirements of any adopted fire prevention code.

(Ord. of 2-18-2003, § 1106)

The following regulations shall apply to all lands within the Big Creek Water Supply Watershed identified on the watershed protection map:

(1)

Maintain a buffer with a minimum width of 100 feet on both sides of all perennial streams, as measured from the stream banks, along all perennial streams within a seven mile radius upstream of a governmentally owned public drinking water supply intake.

(2)

No impervious surface shall be constructed within a 150-foot setback area on both sides of all perennial streams, as measured from the stream banks, within a seven-mile radius upstream of a governmentally owned public drinking water supply intake.

(3)

Septic tanks and septic tank drainfields are prohibited in the required 150-foot setback area on both sides of all perennial streams, as measured from the stream banks, within a seven-mile radius upstream of a governmentally owned public drinking water supply intake.

(4)

Maintain a buffer with a minimum width of 50 feet on both sides of all perennial streams, as measured from the stream banks outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake.

(5)

No impervious surface shall be constructed within a 75-foot setback area on both sides of all perennial streams, as measured from the stream banks, outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake.

(6)

Septic tanks and septic tank drainfields are prohibited in the required 75-foot setback area on both sides of all perennial streams, as measured from the stream banks, outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake.

(7)

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems. New hazardous waste treatment or disposal facilities are prohibited.

(8)

The impervious surface area, including all public and private structures, utilities, or facilities, of the entire small water supply watershed shall be limited to 25 percent, or existing use, whichever is greater.

(Ord. of 2-18-2003, § 1107)