The provisions set forth in chapter 3 are intended to protect the natural features and natural resources within Butts County, and to implement policies in the Butts County comprehensive plan. The natural features and natural resources included in chapter 3 are the floodplain, water supply watersheds, groundwater recharge areas, riparian buffer zone, wetlands, and aquifer recharge areas.

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-120(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of commissioners of Butts County, Georgia, does ordain the provisions of this article.

(a)

The flood hazard areas of Butts County, Georgia, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(b)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

(c)

Control filling, grading, dredging and other development which may increase flood damage or erosion;

(d)

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and

(e)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

The objectives of this article are:

(a)

To protect human life and health;

(b)

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(c)

To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas;

(d)

To minimize expenditure of public money for costly flood control projects;

(e)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(f)

To minimize prolonged business interruptions; and

(g)

To ensure that potential homebuyers are notified that property is in a flood area.

This article shall apply to all areas of special flood hazard within the jurisdiction of Butts County, Georgia.

The areas of special flood hazard identified by the Federal Emergency Management Agency in its most recent applicable flood insurance study (FIS), with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this article.

For those land areas acquired by a municipality through annexation, the current effective FIS, with accompanying maps and other supporting data and any revision thereto for Butts County, are hereby adopted by reference.

Areas of special flood hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS such as the United States Geological Survey Ocmulgee River Flood study presented to Butts County in 1995.

The repository for public inspection of the flood insurance study (FIS), accompanying maps, and other supporting data is located in the Butts County community development department.

A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities.

No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations.

This article is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

In the interpretation and application of this article, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered new construction.

Elevated building means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Flood-proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

Start of construction means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement occurs within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure.) (Note: accessory structures are not exempt from any article requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the start of construction of the improvement. Note: The market value of the structure should be:

(1)

The appraised value of the structure prior to the start of the initial repair or improvement; or

(2)

In the case of damage, the value of the structure prior to the damage occurring.

This term includes structures which have incurred substantial damage, regardless of the actual amount of repair work performed.

For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include:

(1)

Those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions and which have been identified by the code enforcement official, and not solely triggered by an improvement or repair project; or

(2)

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially improved manufactured home parks or subdivisions means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Butts County or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

The zoning administrator is hereby appointed to administer and implement the provisions of this article.

Application for a development permit shall be made to the zoning administrator on forms furnished by the community prior to any development activities and may include, but not be limited to, the following: Plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location and dimensions of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.

Specifically, the following information is required:

(a)

Application stage.

(1)

Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures;

(2)

Elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed;

(3)

Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of section 3.01.16(b);

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development; and

(b)

Construction stage. For all new construction and substantial improvements, the permit holder shall provide to the zoning administrator an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The zoning administrator shall review the above-referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

Duties of the zoning administrator shall include, but shall not be limited to:

(a)

Review proposed development to assure that the permit requirements of this article have been satisfied.

(b)

Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.

(c)

Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.

(d)

When base flood elevation data or floodway data have not been provided in accordance with section 3.01.06, then the zoning administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this article.

(e)

Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with section 3.01.13(b).

(f)

Review and record the actual elevation in relation to mean sea level to which any new or substantially improved structures have been flood-proofed in accordance with section 3.01.13(b).

(g)

When flood-proofing is utilized for a structure, the zoning administrator shall obtain certification of design criteria from a registered professional engineer or architect in accordance with section 3.01.13(a)(3) and 3.01.16(b) or 3.01.18(b).

(h)

Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas.

(i)

Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

(j)

For any altered or relocated watercourse, submit engineering data/analysis within six months to the FEMA to ensure accuracy of community flood maps through the letter of map revision process. Assure flood-carrying capacity of any altered or relocated watercourse is maintained.

(k)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the zoning administrator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

(l)

All records pertaining to the provisions of this article shall be maintained in the office of the zoning administrator and shall be open for public inspection.

In all areas of special flood hazard, the following provisions are required:

(a)

New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;

(b)

New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage;

(c)

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage;

(d)

Elevated buildings. All new construction or substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood-resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater;

(1)

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

a.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.

The bottom of all openings shall be no higher than one foot above grade; and

c.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions;

(2)

So as not to violate the "lowest floor" criteria of this ordinance, the unfinished or flood-resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and

(3)

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms;

(e)

All heating and air conditioning equipment and components (including ductwork) and all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(f)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

(g)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(h)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

(i)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and

(j)

Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this article shall be undertaken only if the nonconformity is not furthered, extended or replaced.

In all areas of special flood hazard, the following provisions are required:

(a)

New construction and/or substantial improvements. Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of section 3.01.15(d), "Elevated Buildings."

All heating and air conditioning equipment and components (including ductwork) and all electrical, ventilation, plumbing, and other service facilities shall be elevated at or above one foot above the base flood elevation.

(b)

Non-residential construction. New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in section 3.01.14(f).

(c)

Standards for manufactured homes and recreational vehicles. Where base flood elevation data is available:

(1)

All manufactured homes placed and/or substantially improved on:

a.

Individual lots or parcels;

b.

In new and/or substantially improved manufactured home parks or subdivisions;

c.

In expansions to existing manufactured home parks or subdivisions; or

d.

On a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood must have the lowest floor including basement elevated no lower than one foot above the base flood elevation.

(2)

Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision may be elevated so that either:

a.

The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or

b.

The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

(3)

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ref. section 3.01.15(f))

(4)

All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than 180 consecutive days;

b.

Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or

c.

The recreational vehicle must meet all the requirements for new construction, including the anchoring and elevation requirements of subsections (c)(1) and (c)(3) of this section.

(d)

Floodway. Located within areas of special flood hazard established in section 3.01.06 are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

(1)

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted, however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.

(2)

Only if subsection (d)(1) of this section is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of this ordinance.

Located within the areas of special flood hazard established in section 3.01.06, where streams exist but no base flood data has been provided (A zones), or where base flood data has been provided but a floodway has not been delineated, the following provisions apply:

(a)

When base flood elevation data or floodway data has not been provided in accordance with section 3.01.06, then the zoning administrator shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source in order to administer the provisions of this ordinance. Only if data is not available from these sources, then the following subsections (b) and (c) shall apply:

(b)

No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 20 feet, whichever is greater, measured from the top of the stream bank.

(c)

In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (Note: Require the lowest floor to be elevated one foot above the estimated base flood elevation in A-zone areas where a limited detail study has been completed.) Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of section 3.01.15(d), "Elevated Buildings."

All heating and air conditioning equipment and components (including ductwork) and all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three feet above the highest adjacent grade at the building site.

The zoning administrator shall certify the lowest floor elevation level, and the record shall become a permanent part of the permit file.

Located within the areas of special flood hazard established in section 3.01.06, where streams with base flood elevations are provided but no floodways have been designated (zones AE), the following provisions apply:

(a)

No encroachments, including fill material, new structures or substantial improvements, shall be located within areas of special flood hazard unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

(b)

New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with section 3.01.16.

Areas of special flood hazard established in section 3.01.06 may include designated AO shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. The following provisions apply:

(a)

All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the flood insurance rate map (FIRM) above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of section 3.01.15(d), "Elevated Buildings."

The zoning administrator shall certify the lowest floor elevation level, and the record shall become a permanent part of the permit file.

(b)

New construction or the substantial improvement of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified FIRM flood level plus one foot above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the official as set forth above and as required in sections 3.01.13(a)(3) and 3.01.13(b).

(c)

Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

(a)

All subdivision and/or development proposals shall be consistent with the need to minimize flood damage;

(b)

All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(c)

All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(d)

For subdivisions and/or developments greater than 50 lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the as-built data to FEMA in order to obtain the final LOMR.

Critical facility means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include:

(a)

Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials;

(b)

Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events;

(c)

Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and

(d)

Generating plants, and other principal points of utility lines.

Critical facilities shall not be located in the 100-year floodplain or the 500-year floodplain.

All ingress and egress from any critical facility must be protected to the 500-year flood elevation.

(a)

The Butts County board of appeals, as established by the board of commissioners, shall hear and decide requests for appeals or variance from the requirements of this article, and chapters 9 and 10 of this UDO.

(b)

The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the zoning administrator in the enforcement or administration of this article.

(c)

Any person aggrieved by the decision of the board of appeals may appeal such decision to the Superior Court of Butts County, as provided in O.C.G.A. § 5-41 et seq.

(d)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(e)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(f)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g)

In reviewing such requests, the board of appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.

(h)

Conditions for variances.

(1)

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(2)

The provisions of this article are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

(4)

The zoning administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(i)

Upon consideration of the factors listed above and the purposes of this article, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

Overlay districts are a special purpose zoning classification used to supplement, not substitute for, the current zoning districts, called the "underlying district," in order to protect and promote public and private investment. More stringent controls generally apply within the overlay districts than would normally be required in the underlying districts.

In addition, overlay districts apply additional standards to specific areas which may lie within any of the above districts. Those districts are as follows:

(a)

Watershed Water Supply District.

(1)

Tussahaw Creek and Reservoir Area Watershed District.

(2)

Ocmulgee River Watershed District.

(3)

Towaliga River Watershed District.

(b)

GRAP, Groundwater Recharge Area Protection.

(c)

RBZ, Riparian Buffer Zone.

(d)

WP, Wetlands Protection.

(e)

Interstate 75 Corridor Overlay District.

In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Butts County 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 threaten 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 for recreation. 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.

The purpose of this article is to establish measures to protect the quality and quantity of the present and future water supply of Butts County (and Henry County with respect to the Tussahaw Creek, Peeksville Creek, Wolf Creek, Malholms Creek, their tributaries, and the Tussahaw Reservoir); to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watershed. This article shall apply to the portions of the following watersheds which occur within the jurisdiction of Butts County and are hereinafter identified as water supply watersheds.

(a)

The Butts County community development department is hereby designated as the administrator and enforcement authority of this article.

(b)

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.

(c)

All applications for building permits shall be first submitted to the building inspection section of the Butts County community development department for issuance of building permits when the application is in compliance with the regulations of this article. The building inspection section shall submit applications for review to the development director when there is a need for interpretation and enforcement of specific sections of this article.

(d)

Agents and employees of the County, Henry Authority, Butts Authority and law enforcement officials of the County and other law enforcement officials having police powers shall have authority to assist the enforcer in enforcement of this article.

(e)

The enforcer shall have the authority to enforce this article; to authorize issuance of permits thereunder; to address violations and to refer violations to the code enforcement department of the county; to issue citations for violation of this article; to issue administrative orders; and to commence civil and criminal actions.

(a)

Previous uses preserved generally. The lawful use of any building, structure, or land use existing at the time of the enactment of this article may be continued, even though such use does not conform with the provisions of this article except that the nonconforming structures of use shall not be:

(1)

Changes to another conforming use;

(2)

Reestablished after discontinuance for one year;

(3)

Extended except in conformity with this section; or

(4)

Structurally altered, except for repairs necessary for the continuation of the existing use.

(b)

Replacement of nonconforming uses. The replacement of nonconforming uses shall be in compliance with the provisions of chapter 9.

(c)

Application to projects partially complete. For any development which has received, before the effective date of this ordinance, either preliminary plat approval, site plan approval, a building permit or other relevant permits provided by the county, and/or which substantial work has been completed or substantial investment made in reliance upon such a permit, any future work included in said plat or plan may be completed without being subject to the additional regulations imposed in this article. Any significant additions, expansions, or phases that deviate significantly from said plat or plan or that have not yet received a permit shall be subject to the provisions of this article.

All parcels of land within the watershed protection districts that do not conform to the space requirements or come within the permitted uses or the minimum standards hereinafter set shall be governed by the zoning ordinance as it relates to conforming use activities. No property owner within said district or area, nor successor in title, who is engaged in a use which is rendered nonconforming by this article shall be required to limit, restrict, amortize, or discontinue such use within the boundaries of her/his property. Nothing in this article shall require any change in development or proposed use of properties which are presently under development or a preliminary plat has been submitted and approved as of the effective date of this article. All parcels or tracts of land within said district or area shall be subject to the rules and regulations of the Butts County health department.

(a)

Pursuant to chapter 9, the Butts County board of appeals may authorize upon appeal in individual cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this article will, in an individual case, result in unnecessary hardship only upon a finding by the board of appeals that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2)

The application of this article to this particular piece of property would create an unnecessary hardship;

(3)

Relief, if granted, would not cause substantial detriment to the water quality of a water supply watershed district or impair the purposes and intent of this article;

(4)

The special circumstances surrounding the request for a variance are not the result of acts by the applicant;

(5)

The variance is not a request to permit a use of land, building or structure which is not permissible in the district involved; and

(6)

The variance will not result in an increase of the impervious surface of the development beyond that prescribed for each water supply watershed district herein.

(b)

Administrative variances may be granted in accordance with the provisions of chapter 9 of this UDO.

The county may, as a condition of variances to certain provisions of this ordinance, require alternative measures to be taken by the applicant such that the purpose of this ordinance may be achieved through alternative means.

Decisions made by the enforcer may be appealed to the Butts County board of appeals pursuant to chapter 10.

These regulations and the watershed district map may from time to time be amended in accordance with procedures and requirements in the general statutes.

Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land.

(a)

The Tussahaw Creek and Reservoir Area Watershed District (Tussahaw Watershed District) is hereby established and designated.

(b)

The Tussahaw Watershed District is defined as follows: All land that lies on each side of Tussahaw Creek and each perennial stream that flows into Tussahaw Creek to the ridge line from the west right-of-way line of Fincherville Road located in Butts County, Georgia, to the beginning points of Tussahaw Creek and each perennial stream that drains into Tussahaw Creek in said area. The main perennial streams that flow into the Tussahaw Creek at the location of the reservoir site are Peeksville Creek and its tributaries, Wolf Creek and its tributaries, and Malholms Creek and its tributaries. All of said creeks are located in the Tussahaw Watershed District.

(c)

A map of the Tussahaw Watershed District will be maintained by the County and the authority. The county's district map will overlie the official Butts County zoning map and each of said maps are hereby incorporated herein and made a part of this article by reference. The Tussahaw Watershed District shall be designated as WS-TS on the official Butts County zoning map.

(d)

Water quality critical area for the above-stated watershed district is all land that lies adjacent to the normal pool level of a reservoir and extending either to the ridge line boundary of the watershed or 500 feet, whichever is shorter, and all land extending a distance of three miles upstream from the normal pool level of the reservoir that is adjacent to each perennial stream upstream from the reservoir and extending either to the ridge line boundary of the watershed on each side of the perennial stream or 500 feet, whichever is shorter. The normal pool elevation of the existing and proposed reservoirs of the authority are Tussahaw Creek Reservoir contour line El. 600.0.

(e)

A limited development area (LDA) is established for the remaining part of the watershed district that is located outside of the WQCA to the ridge line of each district.

Within the Tussahaw Watershed District, no land-disturbing activity, construction or other development, other than certain exempted activities identified within, may be conducted without a permit from the county and must be in full compliance with the terms of this ordinance and other applicable regulations. All activities that are not permissible as of right or as a special use shall be prohibited.

The following land use activities are exempted from the development review and permit requirements of this article with regard to the Tussahaw Watershed District:

(a)

Agriculture and forestry. Normal agricultural and forestry activities involving planting and harvesting of crops are exempted if they conform to best management practices established by the Georgia Department of Agriculture. Silvicultural activities must conform to best management practices by the Georgia Forestry Commission.

(b)

Mining. All mining activities that are permitted by the Georgia Department of Natural Resources under the Georgia Surface Mining Act, as amended, are exempted.

Applications for a development permit within the Tussahaw Watershed District shall include the following:

(a)

Existing ordinances. Each application shall comply with all existing ordinances and amendments thereto.

(b)

In addition to the requirements of each of the above-referenced ordinances, site plans or construction improvement plans for development of property shall contain the following additional information:

(1)

The total square feet and acres of property to be developed.

(2)

Location, dimensions, and area (in square feet) of all impervious surfaces, both existing and proposed, on the site.

(3)

The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir.

(4)

The location of each perennial stream that crosses or abuts the site.

(5)

The location of each public reservoir that abuts the site.

(6)

The location, elevation, and orientation of the 100-year flood plain on the site.

(7)

The site plan submitted shall contain a certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the WQCA, the LDA, or outside of both areas.

(8)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(c)

In addition to the requirements above, the following information shall accompany each building permit requested:

(1)

The total square feet and acres of property to be developed.

(2)

Location, dimensions, and area (in square feet) of all impervious surfaces, both existing and proposed, on the site.

(3)

The location of each perennial stream that crosses or abuts the site.

(4)

The location of each public reservoir that abuts the site.

(5)

The location and orientation of the 100-year flood plain on the site.

(6)

The site plan submitted shall contain a certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the WQCA, the LDA, or outside of both areas.

(7)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said approved plans. 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 vegetation during construction; or otherwise result in an alteration of the overall appearance of the development as proposed can be amended only with the approval of the community development department. Any such amendments shall also comply with all other applicable ordinances and laws.

(a)

Repairs to a facility that is part of a previously approved and permitted development.

(b)

Accessory structures such as barns, sheds, or additions to single-family dwellings, provided that the construction or placement of such accessory structure does not cause the parcel to exceed the impervious surface limitations set forth herein.

(a)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(b)

If construction described in the development permit is suspended after work has commenced, the permit shall expire 12 months after the date the work ceased. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as far as practicable.

The following limitations on permissible uses together with the limitations on land use prescribed under the ordinances of Butts County, the laws of the state of Georgia, the regulations of the regulatory agencies of the state of Georgia, the laws of the United States of America, and the regulations of the regulatory agencies of the United States of America shall apply.

(a)

Within the water quality critical area. The following limitations on permissible uses shall apply to the WQCA:

(1)

Agricultural land use. No confined animal feeding operations may be conducted within the WQCA.

(2)

Commercial establishments. No commercial activity may be conducted within the WQCA.

(3)

Fuel and chemical storage tanks. No above ground storage tanks shall be allowed in the WQCA.

(4)

Industries. No industrial activity may be conducted within the WQCA.

(5)

Landfills and wastewater disposal. No landfills or wastewater disposal facilities of any kind (except for septic tanks approved by the Butts County health department and wastewater disposal facilities owned and operated by the authority) shall be allowed within the WQCA.

(6)

Offices. Offices are not permissible within the WQCA.

(7)

Residential land use. Single-family residential lots are permissible if acreage requirements hereinafter set forth are met. Residential lots must have no less than two acres when served by a septic tank system and no less than one and one-half acres when served by a public sewer system. The minimum lot width permissible for development with septic tank systems when using a public water system is 175 feet.

(8)

Toxic and hazardous materials. No facility that stores or disposes of underground fuel or chemical storage tanks shall be allowed in the WQCA. No industry or business that generates hazardous waste may be located within the WQCA.

(b)

Within the limited development area. The following limitations on permissible uses shall apply to the LDA:

(1)

Agriculture. There are no additional limitations on the type of agricultural land use permissible within the LDA.

(2)

Commercial establishments. Commercial establishments shall only be permissible on land parcels of no less than one and one-half acres if served by a septic tank system and no less than one acre if served by a public sewer system.

(3)

Fuel and chemical storage tanks. Underground fuel and chemical storage tanks will be allowed if they meet all of the requirements set forth by the Georgia Department of Natural Resources Environmental Protection Division.

(4)

Industries. No industry that manufactures toxic or hazardous materials may be located in the LDA. Only those industries that are not large quantity generators of hazardous waste may be located within the LDA. Permitted industries must be located on land parcels of no less than four acres if served by a septic tank system and no less than two acres if served by a public sewer system.

(5)

Landfills and waste disposal. No landfills shall be allowed within said area. Septic tanks approved by the county health department and sewage disposal facilities owned and operated by the authority will be allowed in this area.

(6)

Offices. Offices shall be permissible on land parcels of no less than one and one-half acres if served by a septic tank system and no less than one acre if served by a public sewer system.

(7)

Residential. Single-family residential lots are permissible if acreage requirements hereinafter set forth are met. Residential lots served by a septic tank system shall be a minimum of one acre. Residential lots served by a public sewer system shall be a minimum of one-half acre.

(8)

Toxic and hazardous materials. No facilities that dispose of toxic or hazardous waste may be located within the LDA. No facility that manufactures, stores or disposes of toxic or hazardous waste may be located within the LDA.

If a perennial stream abuts or crosses any property upon which an industrial facility, office facility, commercial facility, service facility, or residential building is located, the following minimal lot sizes will be required:

(a)

If served by a septic tank system:

(1)

Industrial lots: Five acres.

(2)

Office lots: Two acres.

(3)

Commercial establishments: Two acres.

(4)

Residential: One and one-quarter acres.

(b)

If served by public sewer system:

(1)

Industrial lots: Two acres.

(2)

Office lots: One and one-half acres.

(3)

Commercial establishments: One and one-half acres.

(4)

Residential: One acre.

The percentage of impervious area allowed in the WQCA and LDA of the Tussahaw Watershed District are set forth below. The percentages set forth below shall be determined by the addition of all land areas to be covered by impervious structures during the development of the property (i.e., roads, streets, driveways, houses, buildings, and parking areas).

(a)

Water quality critical area. No more than 20 percent of the land area of any parcel on which a new development is placed may be covered by impervious surface within the WQCA.

(b)

Limited development area. No more than 25 percent of the land area of any parcel on which a new development is placed may be covered by impervious surface within the LDA.

(c)

The impervious surface of a single-family residential development within the LDA may be increased to 35 percent provided that:

(1)

Development of land in the LDA includes area(s) set aside to remain in natural vegetation or open space in the amount of two times the area of impervious surface above the 25 percent limit. Ownership of such parcels in fee simple or as a conservation easement must be conveyed to the county, a homeowners' association, or some other governmental or nonprofit entity.

(2)

If the recipient of the property or conservation easement is to be an existing or proposed organization other than a governmental entity, the developer must submit to the county articles of association or incorporation which establish the entity. Said document must be approved in writing by the county prior to approving said development. Any proposed changes in said articles shall require the prior written approval of the county.

(3)

If the recipient is a homeowners' association, membership in the homeowners' association shall be mandatory for property owners and made a required covenant in all deeds issued or passed. The association shall provide voting and use rights in the natural vegetated area when applicable and charge dues or levy assessments to cover expenses, which may include tax liabilities of common areas, and for the maintenance of such common areas, natural vegetated areas, improvements, rights-of-way, utilities, etc. Such association shall be responsible for the perpetuation, maintenance, and function of all common lands, uses, and facilities.

(4)

All lands and improvements shall be described and identified as to location, size, use, and control in a restrictive covenant. The details of all easements conveyed shall be likewise described. These restrictive covenants shall be written so as to run with the land and become a part of the deed of each lot or dwelling unit within the development.

(5)

Such restrictive covenants and the association shall continue in effect so as to control the availability of facilities for their intended function and to protect the development from additional unplanned densities and use. Such association shall not be dissolved, nor shall such association dispose of any land set aside for the purposes of this article, by sale or otherwise, without prior written consent of the county.

(6)

Any and all natural vegetated areas shall be held in common ownership by the dwelling unit owners. Any change in the natural or vegetated area, other than to maintain it in reasonable order and condition in accordance with the final approval plan, shall require prior written approval of the county.

(7)

The natural vegetated area may be set aside by the developer by acquiring property in fee simple or a conservation easement within the watershed district.

(d)

The impervious surfaces for industrial, commercial, office, institutional, public, and multi-family residential development within the LDA may be more than 25 percent impervious surfaces provided the following structural stormwater controls are taken:

(1)

Stormwater management plan detailing the stormwater control structures proposed for the development shall be required. Said plan shall be in conformity with the requirements of the Georgia Stormwater Management Manual, latest edition. The preferred structure control is a wet detention pond which shall be located on site or as part of a regional pond where available. The design standards for detention ponds intended for watershed protection shall be found in the Georgia Stormwater Management Manual, latest edition. The construction of all stormwater controls designed for watershed protection shall be completed and have received final inspection approval from the Butts County building inspection section prior to issuance of a certificate of occupancy for a building or final plat approval if developed as an industrial, business, or office park.

(2)

Channelization of perennial streams shall be prohibited, except for road crossings, erosion and sedimentation control, or storm management control devices.

(3)

All permanent stormwater control structures and easements for maintenance and access shall be recorded in the final plat of the property in accordance with the subdivision ordinance and the Georgia Stormwater Management Manual, latest edition. The developer shall submit a detailed, long-term schedule for inspection and maintenance of stormwater control structures. The schedule shall include a legal agreement for maintenance responsibility between the local government and property owner. No final plat approval or building occupancy permit shall be issued until a fully executed maintenance agreement has been executed and accepted by the county. Inspections can include, but are not limited to:

a.

Initial review of stormwater management plan which must occur prior to issuance of development permit or building permit.

b.

Inspection prior to burial of any underground drainage structure.

c.

Erosion and sedimentation inspections as required on the approved project soil erosion and sedimentation control plan and the county soil erosion and sedimentation control ordinance.

d.

A final inspection when all work, including installation of drainage facilities, has been completed.

e.

Inspection prior to final subdivision plat approval for acceptance of public improvements (streets, stormwater management and drainage facilities).

f.

Subsequent inspections, measurements, and enforcement actions as necessary to ensure continued functioning of the facilities for stormwater management and watershed protection.

(4)

A development may participate in a regional wet detention pond program which has been established by one or more public or private entities subject to the following conditions:

a.

Runoff from the development drains into a regional stormwater management control facility approved by the county.

b.

An agreement between the county and the landowner has been executed which guarantees stormwater arrangement of the property and the detention pond.

c.

Construction of a regional detention pond meets or exceeds the design requirements of the Georgia Stormwater Management Manual, latest edition.

(e)

A development may provide an alternative method for stormwater control other than a wet detention pond provided that it is in compliance with the Georgia Stormwater Management Manual, latest edition, and design criteria for pollutant removal equivalent to those associated with wet detention ponds included in the Georgia Stormwater Management Manual, latest edition.

(a)

Water quality critical area. No impervious surface shall be constructed within 200 feet of the normal pool level of the reservoir or of any perennial stream located in the WQCA.

(b)

Limited development area. No impervious surface shall be constructed within 150 feet of the setback area on both sides of a perennial stream as measured from the stream banks in the LDA.

(a)

Stream buffers within WQCA. A natural or enhanced vegetative buffer shall be maintained for a distance of 150 feet from the normal pool level of a reservoir and 100 feet on both sides of a perennial stream as measured from the banks.

(b)

Stream buffers within the LDA. A natural or enhanced vegetative buffer shall be maintained for a distance of 100 feet on both sides of a perennial stream as measured from the stream's banks.

(c)

Agricultural BMPs. Notwithstanding any other provisions of this article, the continued cultivation of agricultural crops and the occasional pasturing of livestock shall be permissible within the buffer area, provided that the best management practices of the Georgia Department of Agriculture are followed.

Septic tanks and septic tank drainfields are prohibited in the setback area established in section 3.03.21.