The intent of this article is to establish minimum development standards and criteria that will afford reasonable protection of environmentally sensitive natural resources found throughout the City of Ellijay. Based on the findings of the Joint Comprehensive Plan for Gilmer County and Cities of Ellijay and East Ellijay, it has been determined that the wise management of these resources as defined in this article is essential to maintaining the health, safety, general welfare and economic well-being of the public.

(Ord. of 7-16-2001)

The City of Ellijay's environmental conservation districts shall include the following districts:

Wetlands protection district

Coosawattee River corridor protection district

Mountain protection district

Water supply watershed protection district

The boundaries of these environmental conservation districts are shown on a set of maps designated as "Overlay District" and are included as part of the city's official zoning district map, which is on file with the City of Ellijay Clerk for public use.

(Ord. of 7-16-2001)

10.3-1.

Findings of fact. The wetlands within the City of Ellijay are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soil limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; open space; and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic well-being of many communities within the State of Georgia.

10.3-2.

Purpose. The purpose of this district is to promote the wise use of wetlands and protect them from alterations that will significantly affect or reduce their primary functions for water quality, flood plain and erosion control, ground water recharge, aesthetic natural areas and wildlife habitat areas.

10.3-3.

Definitions. In addition to the definitions provided in article 3 of this ordinance, the following definitions shall apply to this article:

Generalized wetlands map. The current U.S. Fish and Wildlife Service National Wetlands Inventory Maps for the City of Ellijay, Georgia.

Jurisdictional wetland. An area that meets the definitional requirements for wetlands as determined by the Army Corp of Engineers.

Jurisdictional wetland determination. A delineation of jurisdictional wetland boundaries by the U.S. Army Corp of Engineers, as required by Section 404 of the Clean Water Act, 33 USC 1344, as amended.

Regulated activity. Any activity which will, or which may reasonable be expected to result in the discharge of dredged or fill material into waters of the U.S. excepting those activities exempted in section 404 of the Federal Clean Water Act.

Wetlands. Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrological vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

10.3-4.

District delineation. The wetlands protection district is hereby established which shall correspond to all lands within the City of Ellijay that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetland Inventory Maps. This map shall be referred to as the generalized wetland map and is hereby adopted by reference and declared to be a part of this ordinance, together with all explanatory matter thereon and attached thereto. The generalized wetland map does not represent the boundaries of jurisdictional wetlands with the City of Ellijay and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Corps of Engineers, as required by section 404 of the Clean Water Act, as amended. Any local government action under this ordinance does not relieve the landowner from federal or state permitting requirements.

10.3-5.

Wetland development permit requirements. No regulated activity or use, except those identified in section 10.3-6, will be permitted within the wetlands protection district without a local development permit from the enforcement officer. Issuance of a local development permit is contingent on full compliance with the terms of this ordinance and other applicable regulations. If the area proposed for development is located within 50 feet of the wetland protection district boundary, as determined by the enforcement officer using the generalized wetlands map, a U.S. Army Corp of Engineers determination shall be required. If the Corps determines that wetlands are present and that a section 404 permit or letter of permission is required, a local development permit will be issued only following issuance of the section 404 permit or letter of permission. Furthermore, the local development permit will only be granted if the proposed use is in compliance with underlying zoning district requirements and other provisions of this ordinance.

10.3-6.

Permitted uses. The following uses are permitted by right within the wetland protection district to the extent they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

a.

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission. (Section 404 does not require permits for normal, ongoing silvicultural activities. However, section 404 does list some required road construction best management practices that must be followed in order to qualify for such an exemption.)

b.

Conservation or preservation of soil, water, vegetation, fish, or other wildlife, provided they do not affect waters of the State of Georgia or of the United States in such a way that would require an individual 404 permit.

c.

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

d.

Natural water quality treatment or purification.

e.

Normal agriculture activities including the planting and harvesting of crops and pasturing of livestock. Such activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

f.

Education, scientific research, and nature trails.

10.3-7.

Prohibited uses. The following uses are prohibited in a wetland protection district:

a.

Handling and storage areas for the receiving and storage of hazardous materials.

b.

Hazardous waste, hazardous materials and solid waste disposal facilities.

(Ord. of 7-16-2001)

10.4-1.

Findings of fact. River corridors are the strips of land that flank major rivers in Georgia. These corridors are of vital importance to Georgia in that they help preserve those qualities that make a river suitable for habitat for wildlife, a site for recreation, and a source for clean drinking water. River corridors also allow the free movement of wildlife from area to area within the state, help control erosion and river sedimentation, and help absorb flood waters.

10.4-2.

Purpose. The Coosawattee River has been designated as a protected river by the State of Georgia. The purpose of the major river protection district is to establish measures to preserve an adequate supply of safe drinking water which is necessary to protect the health and welfare of the public as well as to provide for the state's future growth.

10.4-3.

Definitions. In addition to the definitions provided in article 3 of this ordinance, the following definitions shall also apply to this article:

Natural vegetative buffer or buffer area. A river corridor containing the flora native to that area. 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 to maintain those species.

Perennial river/stream. A river/stream or section of a river/stream that flows continuously throughout the whole year.

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

Public utility. A service or services provided by a public utility company or 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 or a stream, which serves to confine the water to the natural channel during the normal course of flow.

River corridor.

All land, inclusive of islands, not regulated under the Metropolitan River Protection Act (O.C.G.A. §§ 12-5-440 through 12-5-457), or the Coastal Marshland Protection Act (O.C.G.A. §§ 12-5-280 through 12-5-293), in areas of a protected river and being within 100 feet horizontally on both sides of the river measured from the river banks.

The 100-foot buffer shall be measured horizontally from the uppermost part of the river banks, usually marked by a break in slope. Although not within the measured 100-foot-wide buffer, the area between the top of the bank and the edge of the river shall be treated the same as the river corridor and shall be included within the river corridor protection district.

Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For purposes of this ordinance, the river corridor shall be fixed at its position at the beginning of each review period for the Joint Comprehensive Plan for Gilmer County and Cities of Ellijay and East Ellijay. Any shift in the location of the protected river after the review period will be shown by revision of the boundaries of the river corridor at the time of the next comprehensive plan review by the department of community affairs.

Sensitive Natural Area. Any area, as identified now or hereafter by the department of natural resources, which contains one or more of the following:

a.

Habitat, including nesting sites, occupied by rare or endangered species;

b.

Rare or exemplary natural communities;

c.

Significant landforms, hydroforms, or geological features; or

d.

Other areas so designated by the department of natural resources; and which are sensitive or vulnerable to physical or biological alteration.

10.4-4.

District delineation. The Coosawattee River Corridor Protection District is hereby established, which shall comprise all land in the areas of the river corridor as defined in 10.4-3 starting from the confluence of the Ellijay and Cartecay Rivers in Ellijay to Carter's Lake. This district shall be further defined and delineated on the Coosawattee River Corridor Protection District Overlay Map, which is hereby incorporated into and made a part of this ordinance by reference.

10.4-5.

Protection criteria. Construction is prohibited and a natural vegetative buffer shall be maintained at all times in the river corridor, except as provided in 10.4-6. The natural vegetative buffer shall be restored as quickly as possible following any land disturbing activity.

10.4-6.

Permitted uses. No development or other land disturbing activity will be allowed to occur within the Coosawattee River Corridor Protection District except for the following uses:

a.

Construction within the buffer area is prohibited except as provided herein.

b.

Septic tank and septic tank drainfields are prohibited in the river corridor except as expressly provided in section 10.4-6 c. of this ordinance.

c.

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

-

Each dwelling is located on at least two acres (for purposes of this ordinance, the size of the tract of land shall not include any area that lies within the protected river);

-

There shall be only one dwelling on each two acre or larger tract of land; and,

-

Although septic tanks for dwellings can be located in the buffer area, septic tank drainfields must be located outside of the buffer area.

d.

Industrial or commercial uses existing prior to the adoption of this ordinance, providing they do not impair the drinking quality of water and meet all other state and federal environmental rules and regulations.

e.

Road and utility crossings, providing the construction of these crossings meet the requirements of the Erosion and Sedimentation Act of 1975, and all applicable local ordinances on soil erosion and sedimentation control.

f.

The following uses are also permitted in the river corridor, provided that such uses do not impair the long-term functions of the protected river or the river corridor:

1.

Timber production and harvesting, providing it is consistent with the best management practices established by the Georgia Forestry Commission, and does not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.

2.

Agricultural production, provided it is consistent with the best management practices established by the Georgia Soil and Water Conservation Commission, all other state and federal laws, and all regulations promulgated by the Georgia Department of Agriculture; and does not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.

3.

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

4.

Natural water quality treatment or purification.

5.

Wastewater treatment.

6.

Recreational usage consistent with the maintenance of a natural vegetative buffer or with river dependent recreation. (For example, a boat ramp would be consistent, but a hard surface tennis court would not. Parking lots are not consistent with this criteria but paths and walkway would be.)

7.

Mining activities, if permitted by the department of natural resources pursuant to the Georgia Surface Mining Act of 1968, as amended.

8.

Other uses permitted by the department of natural resources or under section 404 of the Clean Water Act.

g.

Land uses existing prior to the adoption of the river corridor protection district regulations. For purposes of these regulations, a pre-existing use is defined as any land use or land disturbing activity, which falls within one of the following categories:

1.

Is completed;

2.

Is under construction;

3.

Is fully approved by the governing authority;

4.

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

5.

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

h.

Utilities, if such utilities cannot be feasibly located outside the river protection district (feasibility shall be determined by the governing authority) provided that:

1.

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

2.

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

3.

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

10.4-7.

Prohibited uses.

a.

Facilities or areas used for the handling, receiving, or storing of hazardous wastes are specifically prohibited in the river corridor.

b.

Hazardous waste or solid waste landfills.

(Ord. of 7-16-2001)

10.5-1.

Findings of fact. The mountainous areas of the City of Ellijay provide a unique character to the area, and form an integral part of the city's aesthetic and physical environment. These mountainous areas are characterized by steep slopes with thin soils that are sensitive to land disturbing activities, which may cause severe erosion and sedimentation of the area's surface waters. Due to their physical dominance on the City of Ellijay's landscape, development of these mountain areas will also affect natural scenic views and vistas, and the general aesthetic character of the City of Ellijay.

10.5-2.

Purpose. The purpose of this district is to establish measures regulating land development that will minimize environmental impacts and visual degradation of natural scenic views and mountain scenery. This is achieved through encouragement of minimal grading on steep sloped areas; requiring the retention of trees, which stabilize steep sloped areas, retain moisture, prevent erosion, and enhance the natural scenic beauty; and, limiting the density and other characteristics of development occurring in these areas.

10.5-3.

District delineation. The mountain protection district is hereby designated, and shall comprise all land that has a slope of 25 percent or greater for at least 500 feet horizontally as shown on a U.S. Geological Survey quadrangle map including crests, summits, and ridge tops, even though such crests, summits and ridges have slopes of less than 25 percent. This district shall be further delineated and defined on the mountain protection district overlay map, which is hereby incorporated and made a part of this ordinance by reference.

10.5-4.

Permitted uses. All uses that are allowed in the underlying zoning districts except those identified in section 10.5-6 are permitted in the mountain protection district subject to the development criteria specified in section 10.5-5.

10.5-5.

District development criteria.

a.

Building height. No structures shall exceed more than 35 feet in height, as measured from the highest point at which the foundation of such structure intersects the ground. This height restriction shall not apply to water, radio, or television towers; to any equipment for the transmission of electricity; to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, or wires.

b.

Lot size and coverage.

1)

Single-family dwellings shall not be constructed at a density of more than one per acre, and no residential lot shall be less than 100 feet wide at the building line;

2)

Multifamily dwellings shall not be constructed at a density greater than four units per acre.

3)

The maximum impervious surface of a lot or development shall not exceed ten percent.

c.

Tree protection. For all land development activity, excluding commercial timber activities outlined in section 10.5-5d., all trees that exceed eight inches in diameter measured at a point of 4½ feet above ground shall be protected and retained on the site, except for those necessary to accommodate the allowed impervious surface areas. The location of all such trees shall be shown on all plans submitted for approval.

d.

Commercial timber activities. No more than 50 percent of the existing trees that exceed eight inches in diameter, as measured at a point of 4½ feet above the ground, shall be removed from the site. Such tree removal shall abide by the "selection cutting" tree removal method established by the best management practices of the Georgia Forestry Commission. No "clear cutting" of any area is permitted, except where necessary for road construction. All timber harvesting activities must secure a permit from the zoning administrator based upon a timber harvesting plan developed by a registered forester.

10.5-6.

Prohibited uses. The following uses are prohibited in the mountain protection district:

a.

Handling and storage areas for the receiving and storage of hazardous materials.

b.

Hazardous waste, hazardous materials and solid waste disposal facilities.

(Ord. of 7-16-2001)

10.6-1.

Findings of fact. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within the City of Ellijay and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable. Industrial land uses that involve the manufacture, use, transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies.

10.6-2.

Purpose. The purpose of the water supply watershed protection district regulations is to establish measures to protect the quality and quantity of the present and future water supply for the City of Ellijay that will minimize the transport of pollutants and sediment to the water supply, and maintain the yield of the water supply watersheds.

10.6-3.

Definitions. In addition to the definitions provided in article 3 of this ordinance, the following definitions shall also apply to this article:

Large water supply watershed. A watershed that contains 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Natural buffer. A natural or enhanced vegetated area with no or limited minor land disturbances, such as trail and picnic areas, located adjacent to reservoirs or perennial streams within a water supply watershed.

Perennial river/stream. A river/stream or section of a river/stream that flows continuously throughout the whole year.

Reservoir boundary. The edge of a water supply reservoir defined by its normal pool.

Small water supply watershed. 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.

Stream corridor. All land within buffer and other setback areas that are established adjacent to reservoirs or perennial streams within a water supply watershed.

Utility. 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, railroads or other utilities identified by the Ellijay governing authority.

Water supply reservoir. A government-owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes multipurpose reservoirs owned by the U.S. Army Corp of Engineers.

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

10.6-4.

District delineation. The Ellijay Water Supply Watershed and Cartecay Water Supply Watershed districts are hereby designated, and shall comprise the land areas that drain to the public water supply intakes permitted to the Ellijay/Gilmer County Water and Sewer Authority and to the City of Chatsworth (Murray County, Georgia) public water supply intake. The boundaries of these districts are defined by the ridge lines of the respective watersheds and the boundary of a radius seven miles upstream of the respective public water supply intakes. These districts shall be further delineated and defined on the water supply watershed protection district overlay map for the City of Ellijay, which is hereby incorporated and made a part of this ordinance by reference.

A.

The Cartecay Water Supply Watershed is a large water supply watershed district. An intake for the Ellijay/Gilmer County Water and Sewer Authority is located on this river. This water supply watershed does not contain a reservoir.

B.

The Coosawattee River is a large water supply watershed. An intake for the City of Chatsworth is located on Carters Lake which is fed by the Coosawattee River. This water supply watershed does not contain a reservoir as defined by this ordinance.

C.

The Ellijay Water Supply Watershed is a small water supply watershed district. An intake for the Ellijay/Gilmer County Water and Sewer Authority is located on this river. This water supply watershed does not contain a reservoir.

10.6-5.

Protection criteria. All uses allowed in the underlying zoning districts as established by this Ordinance are permitted in the water supply watershed protection districts, subject to the following standards:

Large Water Supply Watersheds. The following regulations shall apply to the Cartecay River and Coosawattee River Water Supply Watersheds identified without a reservoir on the adopted map.

New facilities, located within the seven miles of a water supply intake or water supply reservoir, 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 on any one day or more, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code.

Small Water Supply Watershed. The following regulations shall apply to the Ellijay River Water Supply Watershed identified without a reservoir on the adopted map:

a.

Natural Buffer Requirements.

1.

Within a seven-mile radius upstream of the public water intakes, a natural buffer, 100 feet wide shall be maintained on both sides of the stream, measured from the stream banks. Similarly, outside the seven-mile radius, a natural buffer of 50 feet shall be maintained on both sides of the stream.

2.

A natural buffer shall be maintained for a distance of 150 feet from the boundary of any existing or future water supply reservoir.

b.

Impervious Surface Limitations.

1.

No more than 25 percent of the land area of any parcel or lot on which new development is placed may be covered by impervious surfaces within a designated water supply watershed protection district.

c.

Setbacks.

1.

Within a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 150-foot setback area on both sides of the streams as measured from the stream banks. No septic tanks and/or septic tank drainfields shall be located within the 150-foot setback.

2.

Outside a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 75-foot setback area on both side of the stream, as measured from the stream banks. No septic tanks and/or septic tank drainfields shall be located within the 75-foot setback.

d.

Hazardous waste handling facilities. New facilities, located within the seven miles of a water supply intake or water supply reservoir, 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 on any one day or more, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code.

e.

Exemptions. The following uses are exempt from the protection criteria if they meet the stipulated conditions:

1.

Utilities.

a.

Utilities shall be located as far as reasonably possible from the stream bank, and shall not impair the quality of the drinking water stream.

b.

Utilities shall be installed and maintained without changing the integrity of the buffer and setback areas as much as reasonably possible.

2.

Forestry and agricultural activities.

a.

Agriculture activities involving the planting and harvesting of crops providing they conform to the best management practices established by the Georgia Department of Agriculture and shall not impair the quality of the drinking water stream.

b.

Silviculture activities must conform to the best management practices established by the Georgia Forestry Commission and shall not impair the quality of the drinking water stream.

3.

Land uses existing prior to the adoption of the water supply watershed district regulations. For purposes of these regulations, a pre-existing use is defined as any land use or land disturbing activity, which falls within one of the following categories:

1.

Is completed;

2.

Is under construction;

3.

Is fully approved by the governing authority;

4.

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

5.

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

4.

Mining activities permitted by the department of natural resources under the Surface Mining Act of 1968, as amended.

(Ord. of 7-16-2001)