(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)