(a)

Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of this article and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans.

(b)

Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of chapter 6, section 1.4(a) and (b) of this article. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this article and the NPDES general permit.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The definitions of certain terms referenced in this article are set forth in chapter 10, Interpretation and Definitions.

(b)

In addition, the title "EPD director" as used in this article shall mean the Director of the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources Environmental Protection.

(Ord. No. 2021-10, § 1, 6-28-2021)

This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

(a)

Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968".

(b)

Granite quarrying and land clearing for such quarrying;

(c)

Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion;

(d)

The construction of single-family residences, when such construction disturbs less than 1 acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the EPD director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of O.C.G.A. § 12-7-6(b) and the buffer zones provided by this paragraph shall be enforced by the city;

(e)

Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds;

(f)

Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of chapter 6, section 1.4(b), no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

(g)

Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture;

(h)

Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the city from regulating any such project which is not specifically exempted by paragraphs (a), (b), (c), (d), (e), (f), (g), (i) or (j) of this section;

(i)

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the department of transportation, the Georgia Highway Authority, or the state road and tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of transportation or the state road and tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the city, the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

(j)

Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and

(k)

Any public water system reservoir.

(Ord. No. 2021-10, § 1, 6-28-2021)

Best management practices as set forth in this chapter 6, secion 1.4 (a)and (b) shall be required for all land-disturbing activities.

(a)

Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the EPD director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

(1)

A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the EPD director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres.

(2)

Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a city or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act", for each day on which such failure occurs.

(3)

The EPD director may require, in accordance with regulations adopted by the state board of natural resources, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur.

(4)

The city may set more stringent buffer requirements than stated in chapter 6, section 1.4(b)(15) and (16) in light of O.C.G.A. § 12-7-6(c).

(b)

The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:

(1)

Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;

(2)

Cut-fill operations must be kept to a minimum;

(3)

Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential;

(4)

Whenever feasible, natural vegetation shall be retained, protected and supplemented;

(5)

The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;

(6)

Disturbed soil shall be stabilized as quickly as practicable;

(7)

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

(8)

Permanent vegetation and structural erosion control practices shall be installed as soon as practicable;

(9)

To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et seq.;

(10)

Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;

(11)

Cuts and fills may not endanger adjoining property;

(12)

Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;

(13)

Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;

(14)

Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in chapter 6, section 1.4(a)(1) above;

(15)

Except as provided in paragraph (16) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the EPD director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the EPD director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: That under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to Part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the EPD director as provided in this paragraph. The following requirements shall apply to any such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) stream crossings for water lines; or (ii) stream crossings for sewer lines; and

(16)

There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the state board of natural resources, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The EPD director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: Provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed;

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and

(c)

Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any city from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in chapter 6, section 1.4(a) and (b) of this article.

(d)

The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The city shall review the tract to be developed and the area surrounding it. They shall consult this article, this chapter, other application chapters in the UDC, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the city. However, the owner and/or operator are the only parties who may obtain a permit.

(b)

Application requirements.

(1)

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Fort Oglethorpe without first obtaining a permit from the city to perform such activity and providing a copy of notice of intent submitted to EPD if applicable.

(2)

The application for a permit shall be submitted to the city and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in subsection (c) below. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of chapter 6, section 1.4(a) and (b) of this article will be met. Applications for a permit will not be accepted unless accompanied by a digital copy and three paper copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.

(3)

In addition to the local permitting fees, fees will also be assessed pursuant to of O.C.G.A. § 12-5-23(a)(5), provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a) half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a city in the jurisdiction.

(4)

Immediately upon receipt of an application and plan for a permit, the city shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The district shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. No permit will be issued unless the plan has been approved by the district, and any variances required by chapter 6, section 1.4(b)(15) and (16) have been obtained, all fees have been paid, and bonding, if required as per subsection (6) below have been obtained. Such review will not be required if the city and the district have entered into an agreement which allows the city to conduct such review and approval of the plan without referring the application and plan to the district. The city with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the city with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

(5)

If a permit applicant has had two or more violations of previous permits, this section, or this article, as amended, within three years prior to the date of filing the application under consideration, the city may deny the permit application.

(6)

The city may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the city with respect to alleged permit violations.

(c)

Plan requirements.

(1)

Plans must be prepared to meet the minimum requirements as contained in chapter 6, section 1.4(a) and (b) of this article, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this article. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory state board of natural resources created pursuant to O.C.G.A. § 12-7-20.

(2)

Data required for site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

(d)

Permits.

(1)

Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the city of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.

(2)

No permit shall be issued by the city unless the erosion, sedimentation and pollution control plan has been approved by the District and the city has affirmatively determined that the plan is in compliance with this article, any variances required by chapter 6, section 1.4(b)(15) and (16) are obtained, bonding requirements, if necessary, as per chapter 6, section 1.5(b)(6) above are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the city are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

(3)

Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this article, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority.

(4)

If the tract is to be developed in phases, then a separate permit shall be required for each phase.

(5)

The permit may be suspended, revoked, or modified by the city, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(6)

The city may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1).

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The city will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the city shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article.

(b)

The department of building, planning and zoning shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

(c)

No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(d)

The district or the commission or both shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The district or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion, sedimentation and pollution control program. The district or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.

(e)

The division may periodically review the actions of municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of the city in writing. The city so notified shall have 90 days within which to take the necessary corrective action to retain certification as a LIA. If the city does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the city.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Failure to obtain a permit for land-disturbing activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the city.

(b)

Stop-work orders.

(1)

For the first and second violations of the provisions of this article, the EPD director or the city shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the EPD director or the city shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the EPD director or the city shall issue an immediate stop-work order in lieu of a warning;

(2)

For a third and each subsequent violation, the EPD director or the city shall issue an immediate stop-work order; and;

(3)

All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

(4)

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the city or by the EPD director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the city or by the EPD director. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

(c)

Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of chapter 6, section 1.5. (b)(6). The city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

(d)

Monetary penalties. Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the EPD director issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in the city charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

(b)

For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit.

(c)

Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this article.

(d)

If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

(Ord. No. 2021-10, § 1, 6-28-2021)

The suspension, revocation, modification or grant with condition of a permit by the city upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the planning advisory board and city council in accordance with the procedures in chapter 9, Appeals.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the city or district for damage to any person or property.

(b)

The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.

(c)

No provision of this article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the state as defined thereby.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The purpose within the city and surrounding communities, it is essential that the quality of public drinking water be ensured. For this reason, it is necessary to protect the subsurface water resources that the city and surrounding communities rely on as sources of public water.

(b)

Groundwater resources are contained within underground reservoirs known as aquifers. These aquifers are zones of rock beneath the earth's surface capable of containing or producing water from a well. They occupy vast regions of the subsurface and are replenished by infiltration of surface water runoff in zones of the surface known as groundwater recharge area. Groundwater is susceptible to contamination when unrestricted development occurs within significant groundwater recharge areas. It is, therefore, necessary to manage land use within groundwater recharge areas in order to ensure that pollution threats are minimized.

(Ord. No. 2021-10, § 1, 6-28-2021)

The definitions of certain terms referenced in this article are set forth in chapter 10, Interpretation and Definitions.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The groundwater recharge area district is hereby established which shall correspond to all lands within the jurisdiction of the city that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition. Said map is hereby adopted and made a part of this article.

(b)

Determination of pollution susceptibility. Each recharge area shall be determined to have a pollution susceptibility of high medium, or low based on the Georgia Pollution Susceptibility Map. Hydrologic Atlas 20, 1992 edition. Said map is hereby adopted and made a part of this article.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

No construction may proceed on a building or manufactured home to be served by a septic tank unless the Catoosa County Health Department first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resources for On-Site Sewage Management (Hereinafter DHR Manual), and subsections (b) and (c) below.

(b)

New homes served by a septic tank/drain field system shall be on lots having minimum size limitations as follows, based on application of Table MT-1 of the DHR Manual (Hereinafter DHR Table MT-1). The minimums set forth in Table MT-1 may be increased further based on consideration of other factors (set forth in Sections A—F) of the DHR Manual.

(1)

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

(2)

One hundred twenty-five percent of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a medium pollution susceptibility area;

(3)

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

(c)

New manufactured home parks served by septic tank/drainfield systems shall have lots or spaces having minimum size limitations as follows, based on application of Table MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors (set forth in Sections A—F) of the DHR Manual.

(1)

One hundred fifty percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a high pollution susceptibility area;

(2)

One hundred twenty-five percent of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a medium pollution susceptibility area;

(3)

One hundred ten percent of the subdivision minimum lot space or size calculated based on application of DHR Table MT-2 if they are within a low pollution susceptibility area.

(d)

New agricultural waster impoundment sites shall be lined if they are within a high pollution susceptibility area; a medium pollution susceptibility area and exceed 15 acre-feet; or a low pollution susceptibility area and exceed 50 acre-feet. As the minimum, the liner shall be constructed of compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than 5 x 10-7 cm/sec or other criteria established by the natural resource and conservation service.

(e)

New above-ground chemical or petroleum storage tanks having a minimum volume of 660 gallons shall have secondary containment for 110 percent of the volume of such tanks or ten percent of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements.

(f)

New facilities that handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and in amounts of 10,000 pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and local fire code requirements.

(g)

Permanent storm water infiltration basins shall not be constructed in areas having high pollution susceptibility.

(Ord. No. 2021-10, § 1, 6-28-2021)

Any lot of record approved prior to the adoption of this article is exempt from the minimum lot size requirements contained in chapter 6, section 2.6(b) and chapter 6, section 2.6(c).

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Site plans. Application for a local development permit with the city shall include a site plan, drawn at a scale of 1 = 50, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Locations, dimensions and areas of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands with 200 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to two percent.

(6)

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

(7)

All proposed temporary disruptions or diversions of local hydrology.

(b)

Activities to comply with site plan.

(1)

All developed activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan.

(2)

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 excavations, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the director of building, planning and zoning.

(3)

Minor changes, such as the realignment of streets or minor alternations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

(c)

Exemptions to site plan requirements. The following activities and developments are exempt from the requirement for detailed site plans:

(1)

Single-family detached homes constructed within a subdivision of fewer than five parcels.

(2)

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

(3)

Construction of minor structures, such as sheds or additions to single-family residences.

(d)

Review procedures.

(1)

The applications shall be made to the director of building, planning and zoning or designated appointee and will be reviewed within 15 days.

(2)

At the time of the applications, the applicant shall pay a filing fee as specified by the city. Filing fees up to the larger of ($500.00 or $100.00 per acre) may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation, and wetland boundary determinations, as deemed necessary by the director of building, planning and zoning.

(3)

The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the director of building, planning and zoning. The applicant will receive written notification of the findings of the director of building, planning and zoning. Decisions of the director of building, planning and zoning or designated appointee may be appealed to the city council in accordance with chapter 9, Appeals.

(e)

Duration of permit validity.

(1)

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

(2)

In construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(3)

Written notice of pending expiration of the development permit shall be issued by the director of building, planning and zoning.

(f)

Violations.

(1)

When a building or other structure has been constructed in violation of this section, the violator may be required to remove the structure at the discretion of the director of building, planning and zoning.

(2)

When removal of vegetative cover, excavation, or fill has taken place in violation of this section, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the director of building, planning and zoning.

(3)

If the director of building, planning and zoning discovers a violation of this section that also constitutes a violation of any provision of the clean water act as amended, the city council shall issue written notification of the violation to the U. S. Environmental Protection Agency, the U. S. Army Corps of Engineers, and the landowner.

(g)

Suspension, revocation.

(1)

The director of building, planning and zoning may suspend or revoke a permit if he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

(2)

The director of building, planning and zoning shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the recharge area is located.

(h)

Judicial review.

(1)

Jurisdiction. All final decisions of the director of building, planning and zoning concerning denial, approval or conditional approval of a permit shall be reviewable in the Catoosa County Superior Court/Walker County Superior Court.

(2)

Alternative actions. Based on these proceedings and the decision of the Catoosa County Superior Court/Walker County Superior Court, the city council may, within the time specified by the Catoosa County Superior Court/Walker County Superior Court elect to:

a.

Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

b.

Approve the permit the application with lesser restrictions or conditions (i.e., grant a variance); or

c.

Institute other appropriate actions ordered by the court that fall within the jurisdiction of the city council.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The wetlands in the city are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. In their natural state, wetlands serve man and nature. They provided habitat areas for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and 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.

(b)

Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses will over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

(c)

The purpose of this article is to promote wetlands protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process.

(Ord. No. 2021-10, § 1, 6-28-2021)

The definitions of certain terms referenced in this article are set forth in chapter 10, Interpretation and Definitions.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The wetlands protection district is hereby established which shall correspond to all lands within the jurisdiction of the city that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps. This map shall be referred to as the generalized wetlands map hereby adopted by reference and declared to be a part of this article, together will all explanatory matter thereon and attached thereto.

(b)

The generalized wetlands map does not represent the boundaries of jurisdictional wetlands within the city and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corp of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this article does not relieve the landowner from federal or state permitting requirements.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

No regulated activity will be permitted within the wetlands protection district without written permission or a permit from the city. If the area proposed for development is located within 50 feet of a wetlands protection district boundary, as determined by the director of building, planning and zoning using the generalized wetlands map, a U.S. Army Corps of Engineers determination shall be required.

(b)

If the corps determines that wetlands are present on the proposed development site, the local permit or permission will not be granted until a Section 404 Permit or letter of permission is issued.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The following uses listed in this section shall be allowed as of right within the wetland protection district to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

(b)

The activities listed in this section are exempted from Section 404 regulations provided they do not have impacts on a navigable waterway that would necessitate acquisition of an individual 404 Permit. However, under Section 10 of the River and Harbors Act, a permit may be required in some circumstances.

(1)

Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual [Section] 404 Permit.

(2)

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

(3)

Forestry practices are applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

(4)

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

(5)

The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural best management practices are followed.

(6)

Education, scientific research, and nature trails.

(Ord. No. 2021-10, § 1, 6-28-2021)

The following uses are not allowed within the wetlands protection district:

(a)

Receiving areas for toxic or hazardous waste or other contaminants.

(b)

Hazardous or sanitary waste landfills.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Site plans. Application for a local development permit shall include a site plan, drawn at a scale of 1 = 50, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to two percent.

(6)

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

(7)

All proposed temporary disruptions or diversions of local hydrology.

(b)

Activities to comply with site plan.

(1)

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan.

(2)

Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the director of building, planning and zoning.

(3)

Minor changes, such as the realignment of streets or minor alternations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

(c)

Exemptions to site plan requirements. The following activities and developments are exempt from the requirement for detailed site plans:

(1)

Single-family detached homes constructed within a subdivision of fewer than five parcels.

(2)

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

(3)

Construction of minor structures, such as sheds or additions to single-family residences.

(d)

Review procedures.

(1)

The applications shall be made to the director of building, planning and zoning and will be reviewed within 15 days.

(2)

At the time of the application, the applicant shall pay a filing fee as specified by the city. Filing fees up to the larger of ($500.00 or $100.00 per acres) may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation, and wetland boundary determinations, as deemed necessary by the director of building, planning and zoning.

(3)

The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the director of building, planning and zoning.

(4)

The applicant will receive written notification of the findings of the director of building, planning and zoning.

(5)

Decisions of the director of building, planning and zoning may be appealed to the city council in accordance with the procedures in chapter 9, Appeals.

(e)

Duration of permit validity.

(1)

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

(2)

In construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(3)

Written notice of pending expiration of the development permit shall be issued by the director of building, planning and zoning.

(f)

Penalties.

(1)

When a building or other structure has been constructed in violation of this section, the violator may be required to remove the structure at the discretion of the director of building, planning and zoning.

(2)

When removal of vegetative cover, excavation, or fill has taken place in violation of this section, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the director of building, planning and zoning.

(3)

If the director of building, planning and zoning discovers a violation of this article that also constitutes a violation of any provision of the clean water act as amended, the director of building, planning and zoning shall issue written notification of the violation to the U. S. Environmental Protection Agency, the U. S. Army Corps of Engineers, and the landowner.

(g)

Suspension, revocation.

(1)

The director of building, planning and zoning may suspend or revoke a permit if he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

(2)

The director of building, planning and zoning shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the wetlands are located.

(h)

Judicial review.

(1)

Jurisdiction. All final decisions of the city concerning denial, approval or conditional approval of a permit shall be reviewable in the Catoosa County Superior Court/Walker County Superior Court.

(2)

Alternative actions. Based on these proceedings and the decision of the Catoosa County Superior Court/Walker County Superior Court, the city council may, within the time specified by the Catoosa County Superior Court/Walker County Superior Court elect to:

a.

Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

b.

Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

(3)

Institute other appropriate actions ordered by the court that fall within the jurisdiction of the city council.

(i)

Amendments. These regulations and the resource map may from time to time be amended in accordance with procedures and requirements in the general statues and as new information becomes available.

(j)

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

(Ord. No. 2021-10, § 1, 6-28-2021)

The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. It has been determined that proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. This article seeks to meet that purpose through the following objectives:

(a)

Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources;

(b)

Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, streambank erosion, nonpoint source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;

(c)

Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;

(d)

Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum post-development stormwater management standards;

(e)

Encourage the use of nonstructural stormwater management and stormwater better site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable. Coordinate site design plans, which include greenspace, with the county's greenspace protection plan;

(f)

Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; and

(g)

Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up.

(Ord. No. 2021-10, § 1, 6-28-2021)

The definitions of certain terms referenced in this article are set forth in chapter 10, Interpretation and Definitions.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

This article shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to subsection (b) below. These standards apply to any new development or redevelopment site that meets one or more of the following criteria:

(1)

New development that involves the creation of 5,000 square feet or more of impervious cover, or that involves other land development activities of one acre or more;

(2)

Redevelopment that includes the creation, addition or replacement of 5,000 square feet or more of impervious cover, or that involves other land development activity of one acre or more;

(3)

Any new development or redevelopment, regardless of size, that is defined by the city to be a hotspot land use; or

(4)

Land development activities that are smaller than the minimum applicability criteria set forth in items (1) and (2) above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

(5)

Land development activities that are smaller than the minimum applicability criteria set forth in items (1) and (2) above if such activities are within 200 feet of a state water or if any portion of the property lies within the 100-year floodplain.

(b)

Exemptions. The following activities are exempt from this article:

(1)

Individual single-family or duplex residential lots that are not part of a subdivision or phased development project;

(2)

Additions or modifications to existing single-family or duplex residential structures;

(3)

Agricultural or silvicultural land management activities within areas zoned for these activities; and

(4)

Repairs to any stormwater management facility or practice deemed necessary by the city.

(Ord. No. 2021-10, § 1, 6-28-2021)

The director of building, planning and zoning is hereby appointed to administer and implement the provisions of this article.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

This article is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law.

(b)

The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. No. 2021-10, § 1, 6-28-2021)

The city will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda, for the proper implementation of the requirements of this article. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

No owner or developer shall perform any land development activities without first meeting the requirements of this article prior to commencing the proposed activity.

(b)

Applications for land development permits shall be filed with the city.

(c)

Permit applications shall include the items set forth in section 4.8 below. A digital copy and three paper copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included.

(d)

The city shall inform the applicant whether the application, stormwater management plan and inspection and maintenance agreement are approved or disapproved.

(e)

If the permit application, stormwater management plan or inspection and maintenance agreement are disapproved, the city shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same, in which event subsection (c) above and this subparagraph shall apply to such resubmittal.

(f)

Upon a finding by the city that the permit application, stormwater management plan and inspection and maintenance agreement, if applicable, meet the requirements of this article, the city may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met.

(g)

Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person shall be subject to the following requirements:

(1)

The applicant shall comply with all applicable requirements of the approved plan and this article and shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan;

(2)

The land development project shall be conducted only within the area specified in the approved plan;

(3)

The city shall be allowed to conduct periodic inspections of the project;

(4)

No changes may be made to an approved plan without review and written approval by the city; and

(5)

Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by chapter 6, section 4.16(b).

(6)

All other ordinances or code sections applicable to the specific type of development must be met and approved by the city prior to the issuance of the permit.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Unless specifically exempted by this article, any owner or developer proposing a land development activity shall submit to the city a permit application on a form provided by the city for that purpose.

(b)

Unless otherwise exempted by this article, a permit application shall be accompanied by the following items in order to be considered:

(1)

Stormwater concept plan and consultation meeting certification in accordance with section 4.10 below;

(2)

Stormwater management plan in accordance with section 4.11 below;

(3)

Inspection and maintenance agreement in accordance with section 4.12 below, if applicable;

(4)

Performance bond in accordance with section 4.13, if applicable; and

(5)

Permit application and plan review fees in accordance with section 4.7 and section 4.9 of this article.

(Ord. No. 2021-10, § 1, 6-28-2021)

The fee for review of any stormwater management application shall be based on the fee structure established by the city and shall be made prior to the issuance of any building permit for the development.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Before any stormwater management permit application is submitted, it is required that the land owner or developer shall meet with the city for a consultation meeting on a concept plan for the post-development stormwater management system to be utilized in the proposed land development project. This consultation meeting shall take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-development stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential ideas for stormwater management designs before the formal site design engineering is commenced.

(b)

To accomplish this goal the following information shall be included in the concept plan which shall be submitted in advance of the meeting:

(1)

Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: Existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys unless it is determined that the site has previously been filled, then an on-site soil study must be conducted; boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.

(2)

Natural resources inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.

(3)

Stormwater management system concept plan. A written or graphic concept plan of the proposed post-development stormwater management system including: Preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.

(c)

Local watershed plans, the city or county greenspace projection plan (if applicable), and any relevant resource protection plans will be consulted in the discussion of the concept plan.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this article, including the performance criteria set forth in section 4.15.

(b)

This plan shall be in accordance with the criteria established in this section and must be submitted with the stamp and signature of a professional engineer (PE) licensed in the State of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the submittal checklist(s) found in the stormwater design manual.

(c)

The stormwater management plan must ensure that the requirements and criteria in this article are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. All stormwater BMPs shall be designed in a manner to minimize the need for maintenance, and reduce the chances of failure. Design guidelines are outlined in the most recent version of the Georgia Stormwater Management Manual. The plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the information required in the stormwater management site plan checklist found in the stormwater design manual. This includes:

(1)

Common address and legal description of site.

(2)

Vicinity map.

(3)

Existing conditions hydrologic analysis. The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: A topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, predevelopment conditions shall be modeled using the established guidelines for the portion of the site undergoing land development activities.

(4)

Post-development hydrologic analysis. The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: A topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in division 3; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in division 3 must be met for the stormwater runoff from the entire site.

(5)

Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how the selected structural stormwater controls will be appropriate and effective; cross-section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria chapter 6, section 4.15; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and/or local greenspace protection plan.

(6)

Post-development downstream analysis. A downstream peak flow analysis which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is ten percent of the total basin area. In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes. The analysis shall be in accordance with the stormwater design manual.

(7)

Construction-phase erosion and sedimentation control plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act, Article 1, Soil Erosion, Sedimentation and Pollution Control, or NPDES permit for construction activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls.

(8)

Landscaping and open space plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: The arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved.

(9)

Operations and maintenance plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be routinely or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. The options for person(s) or organization(s) responsible for maintenance include: Property owner or homeowner's association, provided that provisions for financing necessary maintenance are included in deed restrictions or other contractual agreements. Non-routine maintenances should also be addressed in the plan, this includes maintenance activities that are expensive but infrequent, such as pond dredging or major repairs to stormwater structures. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

(10)

Maintenance access easements. The applicant must ensure access from public right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist shall be recorded and shall remain in effect even with the transfer of title of the property.

(11)

Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the city as provided in section 4.12 below, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance with section 4.12 shall specify responsibilities for financing maintenance.

(12)

Evidence of acquisition of applicable local and non-local permits. The applicant shall certify and provide documentation to the city that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Prior to the issuance of any permit for a land development activity requiring a stormwater management facility or practice hereunder and for which the city requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site.

(b)

The inspection and maintenance agreement, if applicable, must be approved by the city prior to plan approval, and recorded in the deed records upon final plat approval.

(c)

The inspection and maintenance agreement shall identify by name or official title the person(s) responsible for carrying out the inspection and maintenance. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance.

(d)

As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof.

(e)

In addition to enforcing the terms of the inspection and maintenance agreement, the city may also enforce all of the provisions for ongoing inspection and maintenance in chapter 6, section 4.17 of this article.

(f)

The city, in lieu of an inspection and maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

(Ord. No. 2021-10, § 1, 6-28-2021)

Reserved.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally-obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures shall be implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility.

(b)

A stormwater management plan must be submitted to the city which shows the adequacy of the off-site or regional facility.

(c)

To be eligible for a modification, the applicant must demonstrate to the satisfaction of the city that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas:

(1)

Increased threat of flood damage to public health, life, and property;

(2)

Deterioration of existing culverts, bridges, dams, and other structures;

(3)

Accelerated streambank or streambed erosion or siltation;

(4)

Degradation of in-stream biological functions or habitat; or

(5)

Water quality impairment in violation of state water quality standards, and/or violation of any state or federal regulations.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Generally. The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this article.

(b)

Water quality. All stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:

(1)

It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual;

(2)

Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual; and

(3)

Runoff from hotspot land uses and activities identified by the city are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices.

(c)

Stream channel protection. Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three approaches:

(1)

Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer;

(2)

Twenty-four-hour extended detention storage of the one-year, 24-hour return frequency storm event;

(3)

Erosion prevention measures such as energy dissipation and velocity control.

(d)

Overbank flooding protection. Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event.

(e)

Extreme flooding protection. Extreme flood and public safety protection shall be provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated.

(f)

Structural stormwater controls.

(1)

All structural stormwater management facilities shall be selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual.

(2)

All structural stormwater controls must be designed appropriately to meet their intended function.

(3)

For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the city before being included in the design of a stormwater management system.

(4)

If hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the city may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased nonpoint source pollution loads created on the site in question.

(5)

Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control.

(g)

Drainage system guidelines. Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites and/or public right-of-ways. Stormwater conveyance facilities that are designed to carry runoff from more that one parcel, existing or proposed, shall meet the following requirements:

(1)

Methods to calculate stormwater flows shall be in accordance with the stormwater design manual;

(2)

All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan using the methods included in the stormwater design manual; and

(3)

Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the stormwater design manual.

(h)

Dam design guidelines. Any land disturbing activity that involves a site which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Inspections to ensure plan compliance during construction.

(1)

Periodic inspections of the stormwater management system construction shall be conducted by the staff of the city or conducted and certified by a professional engineer who has been approved by the city. Construction inspections shall utilize the approved stormwater management plan for establishing compliance.

(2)

All inspections shall be documented with written reports that contain the following information:

a.

The date and location of the inspection;

b.

Whether construction is in compliance with the approved stormwater management plan;

c.

Variations from the approved construction specifications; and

d.

Any other variations or violations of the conditions of the approved stormwater management plan.

(3)

If any violations are found, the applicant shall be notified in writing of the nature of the violation and the required corrective actions.

(b)

Final inspection and as built plans.

(1)

Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant is responsible for certifying that the completed project is in accordance with the approved stormwater management plan.

(2)

After final construction is completed, all applicants are required to submit actual "as built" plans for any stormwater management facilities or practices. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer.

(3)

A final inspection by the city is required before the release of any performance securities can occur.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Long-term maintenance inspection of stormwater facilities and practices.

(1)

Stormwater management facilities and practices included in the stormwater management plan are subject to an inspection and maintenance agreement and must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this article. For BMPs maintained by the property owner or homeowner's association, inspection and maintenance reports shall be filed with the city, as provided for in the plan.

(2)

A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the city shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the city, may correct the violation as provided in chapter 6, section 4.17(d) hereof.

(3)

Inspection programs by the city may be established on any reasonable basis, including but not limited to: Routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: Reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities and practices.

(b)

Right-of-entry for inspection. The terms of the inspection and maintenance agreement shall provide for the city to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this article is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.

(c)

Records of maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the city.

(d)

Failure to maintain. If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the city, after 30 days' written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The city may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorum tax bill for such property and collected in the ordinary manner for such taxes.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Generally. Any action or inaction which violates the provisions of this article or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

(b)

Notice of violation.

(1)

If the city determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

(2)

The notice of violation shall contain:

a.

The name and address of the owner or the applicant or the responsible person;

b.

The address or other description of the site upon which the violation is occurring;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this article and the date for the completion of such remedial action;

e.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

f.

A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 30 days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient).

(c)

Penalties.

(1)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

(2)

Before taking any of the following actions or imposing any of the following penalties, the city shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of up to five calendar days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) to cure such violation.

(3)

In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Stop-work order. The city may issue a stop-work order which shall be served on the applicant or other responsible person. The stop-work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop-work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

b.

Withhold certificate of occupancy. The city may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

c.

Suspension, revocation or modification of permit. The city may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated [upon such conditions as the city may deem necessary] to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

d.

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the city has taken one or more of the actions described above, the city may impose a penalty as determined by the Municipal Court of the City of Fort Oglethorpe for each day the violation remains unremedied after receipt of the notice of violation.

e.

Criminal penalties. For intentional and flagrant violations of this article, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in the municipal court of the city to answer charges for such violation. Upon conviction, such person shall be punished as determined by the Municipal Court of the City of Fort Oglethorpe. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The flood hazard areas of the city 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 and 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, floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

(Ord. No. 2021-10, § 1, 6-28-2021)

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.

(Ord. No. 2021-10, § 1, 6-28-2021)

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.

(Ord. No. 2021-10, § 1, 6-28-2021)

The definitions of certain terms referenced in this article are set forth in chapter 10, Interpretation and Definitions.

(Ord. No. 2021-10, § 1, 6-28-2021)

This article shall apply to all areas of special flood hazard within the jurisdiction of the city.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study (FIS), dated September 11, 2009 or the current effective FIS with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this article.

(b)

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 the county are hereby adopted by reference.

(Ord. No. 2021-10, § 1, 6-28-2021)

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

(Ord. No. 2021-10, § 1, 6-28-2021)

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.

(Ord. No. 2021-10, § 1, 6-28-2021)

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.

(Ord. No. 2021-10, § 1, 6-28-2021)

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 manmade 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 the city 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.

(Ord. No. 2021-10, § 1, 6-28-2021)

Failure to comply with the provisions of this article or with any of its requirements, including conditions and safeguards established on connection with grants of variance or special exceptions shall constitute a violation. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000.00 or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall present the city from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Designation of flood damage administrator. The director of building, planning and zoning is hereby appointed to administer and implement the provisions of this article.

(b)

Duties of the director of building, planning and zoning. Duties of the director of building, planning and zoning shall include, but shall not be limited to:

(1)

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

(2)

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;

(3)

Review all permit applications to determine whether proposed building sited will be reasonably safe from flooding;

(4)

When base flood elevation data or floodway data have not been provide in accordance with chapter 6, section 5.6, then the director of building, planning and zoning shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer the provisions of section 5.14 below;

(5)

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 chapter 6, section 5.13(b)(2) of this article;

(6)

Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been floodproofed, in accordance with section chapter 6, section 5.13(b)(2);

(7)

When floodproofing is utilized for a structure, the director of building, planning and zoning shall obtain certification of design criteria from a registered professional engineer or architect in accordance with section 5.13(b)(1)c, chapter 6, section 5.14(b)(2) or chapter 6, section 5.14(d)(2);

(8)

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

(9)

Notify adjacent communities and the state 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);

(10)

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;

(11)

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 director of building, planning and zoning 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;

(12)

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

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Application for a development permit shall be made to the city building inspection department, on form furnished by the building, planning and zoning department, 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, dimensions, of existing proposed structures, earthen fill placement, storage of materials or equipment and drainage facilities.

(b)

Specifically, the following information is required:

(1)

Application stage.

a.

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

b.

Elevation in relation to mean sea level to which any non-residential structure will be floodproofed;

c.

Design certificate from a registered professional engineer or architect that any proposed nonresidential floodproofed structure will meet the floodproofing criteria in chapter 6, section 5.14(b)(2);

d.

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

(2)

Construction stage.

a.

For all new construction and substantial improvements, the permit holder shall provide to the administrator an as-built certification of the regulatory floor elevation or floodproofing level immediately after the lowest floor or floodproofing 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 floodproofing 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.

b.

Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The director of building, planning and zoning shall review the above referenced certification data submitted.

c.

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 correction required hereby, shall be cause to issue a stop-work order for the project.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

General standards. In all areas of special flood hazard the following provisions are required:

(1)

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

(2)

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

(3)

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

(4)

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.

a.

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

1.

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;

2.

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

3.

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

b.

So as not to violate the "lowest floor" criteria of this article, 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

c.

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

(5)

All heating and air conditioning equipment and components (including ductwork), 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.

(6)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, us 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.

(7)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(8)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(9)

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

(10)

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 non-conformity is not furthered, extended or replaced.

(b)

Specific standards. In all areas of special flood hazard the following provisions are required:

(1)

New construction and/or substantial improvements.

a.

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 standards of section 42-61(4), Elevated buildings.

b.

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

(2)

Non-residential construction.

a.

New construction and/or the substantial improvement of any structure located in A1-30, AE or AH zones, may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one foot above the base flood elevations, 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.

b.

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 chapter 6, section 5.12(b)(6).

(3)

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

a.

All manufactured homes placed and/or substantially improved on:

1.

Individual lots or parcels;

2.

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

3.

In expansions to existing manufactured home parks or subdivisions; or

4.

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.

b.

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

1.

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

2.

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.

c.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement (chapter 6, section 5.14(a)(6) above).

d.

All recreation vehicles placed on sites must either:

1.

Be on the site for fewer than 180 consecutive days;

2.

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

3.

The recreational vehicle must meet all the requirements for "new construction," including the anchoring and elevation requirements of subsections (a)—(c), above.

(4)

Floodway. Located within areas of special flood hazard established in chapter 6, section 5.6 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:

a.

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;

b.

Only if subsection (4)a above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of section 5.14 above.

(c)

Building standards for streams without established base flood elevations and/or floodway (A zones). Located within the areas of special flood hazard established in chapter 6, section 5.6, where streams exist but no base flood data have been provided (A zones), or where base flood date have been provided but a floodway has not been delineated, the following provisions apply:

(1)

When base flood elevation data or floodway data have not been provided in accordance with chapter 6, section 5.6, then the director of building, planning and zoning 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 section. Only if data are not available from these sources, then the following provisions (2) and (3) shall apply.

(2)

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, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than a one foot increase in flood levels during the occurrence of the base flood discharge.

(3)

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 on 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 chapter 6, section 5.14(a)(4), Elevated buildings.

a.

All heating and air conditioning equipment and components (including ductwork), 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.

b.

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

(d)

Standards for areas of shallow flooding (AO zones). Areas of special flood hazard established in section 5.6 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:

(1)

All new construction and substantial improvements of residential and non-residential 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 chapter 6, section 5.14(a)(4), Elevated buildings.

(2)

The director of building, planning and zoning shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file;

(3)

New construction or the substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight 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 section 5.13(b)(1)c. and chapter 6, section 5.13(b)(2));

(4)

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

(e)

Standards for subdivisions.

(1)

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

(2)

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;

(3)

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

(4)

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.

(f)

Standards for critical facilities.

(1)

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

(2)

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

(Ord. No. 2021-10, § 1, 6-28-2021)

See chapter 9, Appeals of this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

The administrative appeals process set forth in chapter 9, Appeals shall be followed when it is alleged an error in any requirement, decision, or determination is made by the director of building, planning and zoning in the enforcement or administration of this article.

(Ord. No. 2021-10, § 1, 6-28-2021)

See chapter 94, article V, Illicit Discharge and Illegal Connection in the City Code of Ordinances.

(Ord. No. 2021-10, § 1, 6-28-2021)