The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

100-year flood means a 100-year frequency flood that has the probability of occurring once every 100 years and thus has a one-percent chance of occurring each year.

100-year floodplain means a land area adjoining a river, stream, watercourse or lake that has a probability of being flooded up to, and including, the 100-year flood.

As-built survey drawings means drawings specifying the dimensions, location, capacities, and operational capabilities of structures and facilities as they have been constructed.

Available head means the depth of water that is present at the entrance to a pipe during a 100-year storm.

Best management practices (BMPs) means and includes 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 commission as of January 1 of the year in which the land-disturbing activity was permitted, a copy of which is on file in the clerk of the city.

Board means the state board of natural resources.

Bond means a bond, letter of credit or approved surety method approved by the city manager.

Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Certified personnel means a person who has successfully completed the appropriate certification course approved by the state soil and water conservation commission.

City means the City of Gainesville, Georgia.

Commission means the Georgia Soil and Water Conservation Commission (GSWCC).

Construction means any building or erection of a structure or preparation of a property for same.

CPESC means certified professional in erosion and sediment control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. The term "cut" is also known by the term "excavation."

Cutting means the removal of any soil or other solid material from a natural ground surface.

Department means the Georgia Department of Natural Resources (DNR).

Design head means the depth of water at the entrance to a pipe that was used in design to force a rate of flow through the pipe needed in the design.

Design professional means a professional licensed by the state in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying, or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by EnviroCert, Inc. A design professional shall practice in a manner that complies with applicable state law governing professional licensure.

Detention facility means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Development means:

(1)

A land development project involving the construction of streets, utilities, buildings, or other improvements required for the habitation or use of property, such as a residential neighborhood, an apartment complex, a store, or a shopping center;

(2)

Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials;

(3)

The act of constructing or carrying out a land development project, including the alteration of land or vegetation in preparation for construction activity.

District means the county soil and water conservation district.

Division means the environmental protection division (EPD) of the state department of natural resources.

Drainage means a general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping; most commonly applied to surface water.

Drainage structure means a device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control or flood control purposes.

Drainage system means the surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and the manmade element which includes culverts, ditches, channels, detention facilities and the storm sewer system.

Elevation means the vertical height or heights above a datum plane which, for purposes of this chapter, shall be the mean sea level datum of the United States Coast and Geodetic Survey of 1929 or other customarily accepted source.

EPD means the environmental protection division of the state department of natural resources.

EPD director means the director of the environmental protection division or an authorized representative.

Erosion means the process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion, sedimentation and pollution control plan means a plan required by the Erosion and Sedimentation Act, O.C.G.A. ch. 12-7, as amended, that includes minimum protections at least as stringent as the state general permit, best management practices, and requirements in section 9-14-3-3.

Excavation means the mechanical removal of earth material. Also known by the term "cut."

Extended detention means the detention of stormwater runoff for an extended period, typically 24 hours or greater.

Facility/site outfall means the location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on-site, becomes a point source discharging into that receiving water.

Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground or an excavation.

Filling means the placement of any soil or other solid material, either organic or inorganic, on a natural ground surface or excavation.

Final stabilization means all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by the EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping, or any combination thereof, and shall include the land in its cut or filled condition.

Grading permit means authorization necessary, but limited to the initiation and conduct of a land-disturbing activity on a property. For purposes of this Code, a land development permit issued pursuant to chapter 9-13-7 shall constitute approval of the grading permit required by this article.

Greenway means an area along the course of any state waters to be maintained in an undisturbed and natural condition.

Ground elevation means the original elevation of the ground surface prior to cutting or filling.

Hydrologic soil group (HSG) means a natural resource conservation service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

Land development means any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Land development activity means those actions or activities which comprise, facilitate or result in land development.

Land disturbance means any land or vegetation change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.

Land development permit means the authorization necessary to begin construction-related, land-disturbing activity.

Land-disturbing activity means any activity that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, and filling of land, but not including, agricultural operations as described in O.C.G.A. § 12-7-17(5) or forestry land management practices as described in O.C.G.A. § 12-7-17(6) within areas zoned for such activities.

Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this definition, the term "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Live detention means the quantity of water capable of being effectively contained by a stormwater detention facility for a specified period of time.

Local issuing authority means the governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a).

Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-5-440 et seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Manual for Erosion and Sediment Control in Georgia means a publication of the same name published by the state soil and water conservation commission, and, as amended or supplemented from time to time, a copy of which is on file in the office of the clerk of the city.

Natural drainage means channels formed by the existing surface topography of the earth prior to changes made by unnatural causes.

Natural ground surface means the ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

NOI means a notice of intent form provided by the EPD for coverage under the state general permit.

NOT means a notice of termination form provided by the EPD to terminate coverage under the state general permit.

Operator means the party that has:

(1)

Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or

(2)

Day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outfall means the location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on-site, becomes a point source discharging into the receiving water.

Permit means the authorization necessary to conduct a land-disturbing activity under the provisions of this article.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the state, any interstate body or any other legal entity.

Phase or phased means sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project means the entire proposed development project regardless of the size of the area of land to be disturbed.

Properly designed means designed in accordance with the design requirements and specifications contained in the Manual for Erosion and Sediment Control in Georgia ("manual"), published by the state Soil and water conservation commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal.

Qualified personnel means any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19, as amended.

Reach means a longitudinal segment of a stream or river measured along specified points on the stream or river.

Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.

Roadway drainage structure means a device such as a bridge, culvert or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Runoff means the portion of precipitation on the land that reaches the drainage system.

Runoff rate coefficient means the numerical factor which, when multiplied with the average slope for a particular site, will give the release rate of water from that site.

Sediment means solid material, both organic and inorganic, that is in suspension, is being transported or has been moved from its site of origin by air, water, ice or gravity as a product of erosion.

Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degree.

Soil and water conservation district approved plan means an erosion and sediment control plan approved in writing by the county soil and water conservation district.

Soils means the upper layer of earth that can be dug or plowed; the loose surface material of the earth in which vegetation normally grows.

Stabilization means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State general permit means the National Pollution Discharge Elimination System (NPDES) general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended, and O.C.G.A. § 12-5-30(f), as amended.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

Static head means the depth of water at the entrance to a culvert when the depth is greater than the diameter of the pipe.

Stream means a stream of water beginning at:

(1)

The location of a spring, seep, or groundwater outflow that sustains streamflow;

(2)

A point in the stream channel with a drainage area of 25 acres or more; or

(3)

Where evidence indicates the presence of a stream in a drainage area of other than 25 acres, the director of community and economic development may require field studies to verify the existence of a stream.

Stream bank means the sloping land that contains the stream channel and the normal flows of the stream.

Stream protection buffer setback means an additional setback, measured horizontally, beyond the undisturbed stream protection buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

Stream channel means the portion of a watercourse that contains the base flow of the stream.

Stream protection buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, as measured horizontally, which facilitates the protection of water quality and aquatic habitat.

Stream protection area or protection area means the combined areas of all required stream protection buffers and setbacks applicable to such stream.

Structural erosion sedimentation and pollution control practices means practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sedimentation control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Ten-, 25- and 100-year storms means rainfall events having a probability of occurrence once every ten, 25 or 100 years, respectively, or a ten percent, four percent or one percent chance of occurring each year, respectively.

Trout streams means all streams or portions of streams within the watershed as designated by the wildlife resources division of the state department of natural resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq., as amended, in the Rules and Regulations for Water Quality Control chapter 391-3-6 at www.epd.georgia.gov, as amended. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Utilities means all public, private, and municipal, above or below ground, infrastructure systems providing water, stormwater, sanitary sewer, natural gas, electricity, telecommunications, cable television or Internet, or any other service controlled by the state public services commission.

Vegetation means all plant growth, such as trees, shrubs, mosses and grasses.

Vegetative erosion and sedimentation control measures means measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(1)

Permanent seeding, sprigging or planting, producing long-term vegetative cover;

(2)

Temporary seeding, producing short-term vegetative cover; or

(3)

Sodding, covering areas with a turf of perennial sod-forming grass.

Such measures can be found in the Manual for Erosion and Sediment Control in Georgia.

Watercourse means any natural or artificial surface water conveyance, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently; a natural watercourse has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. The term "wetlands" generally include swamps, marshes, bogs and similar areas.

(ULDC 2005, ch. 9-14-1; Ord. No. 2018-24, § I, 10-16-2018; Ord. No. 2020-42, § XXX, 11-3-2020)

State Law reference— Definitions, O.C.G.A. § 12-7-3.

(a)

This article shall apply to any land-disturbing activity undertaken by any person on any land except for those uses specifically identified in this chapter.

(b)

Where this chapter requires compliance with chapter 9-14-3, the city shall enforce compliance with the minimum requirements as if a land development permit had been issued and any violations of said minimum requirements shall be subject to the same penalties as violations by land development permit holders.

(ULDC 2005, § 9-14-2-1; Ord. No. 2018-24, § I, 10-16-2018)

Surface mining, as the same is defined in O.C.G.A. § 12-4-72, as amended, entitled The Georgia Surface Mining Act of 1968, and granite quarrying, and land clearing for such quarrying, are exempt from compliance with this article.

(ULDC 2005, § 9-14-2-2; Ord. No. 2018-24, § I, 10-16-2018)

Minor land-disturbing activities, such as home gardens and individual home landscaping, repairs, maintenance work fences, and other related activities, which result in minor soil erosion are exempt from compliance with this article.

(ULDC 2005, § 9-14-2-3; Ord. No. 2018-24, § I, 10-16-2018)

The construction of single-family residences, when such construction disturbs less than one 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 section; 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, as amended, and this section. For single-family residence construction covered by the provisions of this section, there shall be a stream protection buffer zone between the residence and any state waters classified as trout streams pursuant to the Georgia Water Quality Control Act (O.C.G.A. § 12-5-20 et seq.), as amended. In any such stream protection 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 stream protection buffer zone shall be at least 50 horizontal feet, and no variance to a smaller stream protection buffer shall be granted. For secondary trout waters, the stream protection 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 stream protection buffer shall be at least 25 horizontal feet, and no variance to a smaller stream protection buffer shall be granted. The minimum requirements of O.C.G.A. § 12-7-6(b), as amended, and the stream protection buffer zones provided by this section shall be enforced by the city.

(ULDC 2005, § 9-14-2-4; Ord. No. 2018-24, § I, 10-16-2018)

Exempt from the requirements of this article are those agricultural operations defined in O.C.G.A. § 1-3-3, as amended, 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, chicken, hens, and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs, and apiarian products and farm buildings and farm ponds.

(ULDC 2005, § 9-14-2-5; Ord. No. 2018-24, § I, 10-16-2018)

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 stream protection buffer, as established in section 9-14-3-3, 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.

(ULDC 2005, § 9-14-2-6; Ord. No. 2018-24, § I, 10-16-2018)

Any project carried out under the technical supervision of the natural resources conservation service of the United States Department of Agriculture shall be exempt from compliance with this article.

(ULDC 2005, § 9-14-2-7; Ord. No. 2018-24, § I, 10-16-2018)

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 subsection, the term "state waters" excludes channels and drainageways 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 drainageway, 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 this article.

(ULDC 2005, § 9-14-2-8; Ord. No. 2018-24, § I, 10-16-2018)

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the state department of transportation, the state 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 state 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, as amended; except where the state department of transportation, the state 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 amended, as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders.

(ULDC 2005, § 9-14-2-9; Ord. No. 2018-24, § I, 10-16-2018)

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, as amended, 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, as amended, 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 amended, as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and any public water system reservoir.

(ULDC 2005, § 9-14-2-10; Ord. No. 2018-24, § I, 10-16-2018)

(a)

Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by chapter 9-14-2 shall contain provisions for application of soil erosion and sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion and sediment control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of this chapter.

(b)

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.

(ULDC 2005, § 9-14-3-1; Ord. No. 2018-24, § I, 10-16-2018)

(a)

Required. Best management practices, as set forth in this section and section 9-14-3-3, shall be required for all land-disturbing activities unless specifically exempted by chapter 9-14-2.

(b)

Defense to enforcement action. 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 this section or any substantially similar terms contained in a land development permit for the discharge of stormwater. Issued pursuant to O.C.G.A. § 12-5-30(f), as amended, part of the Georgia Water Quality Control Act.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Proper design and properly designed means 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), as amended.

(d)

Violations. A discharge of stormwater 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 the city or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), as amended, part of 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 subsection 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.

(e)

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

(f)

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

(ULDC 2005, § 9-14-3-2; Ord. No. 2018-24, § I, 10-16-2018)

State Law reference— Best management practices, O.C.G.A. § 12-7-6.

The rules and regulations, ordinances, or resolutions adopted pursuant to the Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1 et seq., as amended, for the purpose of governing land-disturbing activities shall require, as minimum protections at least as stringent as the state general permit, and best management practices, including soil 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 the state published by the state 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, re-grading 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 measures shall be installed as soon as practicable.

(9)

To the extent necessary, sediment in runoff 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 subsection, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1 et seq., as amended.

(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)

No public streets, drainage systems or private property shall be restricted from normal use or operation by the scattering of earth, rock, vegetation and other debris resulting from the land-disturbing activity. The permittee shall be responsible for clearing, unclogging and cleaning any such facility or lands on a daily basis.

(15)

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 this section.

(16)

Land-disturbing activities shall not be conducted within the 100-year floodplain except in compliance with article 9-15.

(17)

Construction site operators are required to control waste at the construction site, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste.

(ULDC 2005, § 9-14-3-3; Ord. No. 2018-24, § I, 10-16-2018)

Except as provided in section 9-14-3-5, there is established a 25-foot stream protection buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal streams 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, as amended, 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 specification, and are implemented; or along any ephemeral stream. As used in the 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 groundwater table year-round; for which groundwater 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 stream protection buffers of at least 25 feet established pursuant to the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 et seq.), as amended, shall remain in force unless a variance is granted by the EPD director as provided in this subsection. The following requirements shall apply to any such stream protection buffer:

(1)

No land-disturbing activities shall be conducted within a stream protection buffer and a stream protection 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 stream protection 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 own occupancy, may thin or trim vegetation in a stream protection 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 streambed; and

(2)

The stream protection buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured form 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 stream protection buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

a.

Stream crossings for water lines; or

b.

Stream crossings for sewer lines.

(ULDC 2005, § 9-14-3-4; Ord. No. 2018-24, § I, 10-16-2018; Ord. No. 2020-42, § XXXI, 11-3-2020)

There is established a 50-foot stream protection 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 the Georgia Water Quality Control Act (O.C.G.A. § 12-5-20 et seq.), 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 stream protection 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 board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the stream protection buffer requirements for any adjacent trout streams. The EPD director may grant a variance from such stream protection 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 stream protection buffer:

(1)

No land-disturbing activities shall be conducted within a stream protection buffer and a stream protection 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 stream protection 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 own occupancy, may thin or trim vegetation in a stream protection 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 streambed; and

(2)

The stream protection buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured form 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 stream protection buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

a.

Stream crossings for water lines; or

b.

Stream crossings for sewer lines.

(ULDC 2005, § 9-14-3-5; Ord. No. 2018-24, § I, 10-16-2018)

(a)

This article shall not be construed as preventing the application of other requirements of this Code which require larger buffers along property lines than specified in this article (see table 9-5-2 and table 9-6-2, which may apply). Furthermore, nothing contained in the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, shall prevent the city from adopting rules and regulations, ordinances, or resolutions which contain stream protection buffer requirements that exceed the minimum requirements in this article.

(b)

See chapter 9-16-3 for provisions regarding disturbance within stream protection buffers.

(c)

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.

(ULDC 2005, § 9-14-3-6; Ord. No. 2018-24, § I, 10-16-2018)

Maintenance of all soil erosion and sediment control measures, whether temporary or permanent, shall be, at all times, the responsibility of the owner.

(ULDC 2005, § 9-14-3-7; Ord. No. 2018-24, § I, 10-16-2018)

Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia 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.

(ULDC 2005, § 9-14-3-8; Ord. No. 2018-24, § I, 10-16-2018)

(a)

Design and review of development plans. 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. The staff of the city shall consult the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood management ordinance, this article, 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 the city without first obtaining a permit from the city to perform such activity and providing a copy of NOI submitted to the 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 this article. 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 this article will be met. Applications for a permit will not be accepted unless accompanied by seven 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 there of visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10, as amended.

(3)

In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), as amended, 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. 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), as amended, shall be submitted in full to the division.

(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 this article have been obtained, all fees have been paid, and bonding, if required, has 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 the plan review authority, shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the city with the 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 article section, or the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, within three years prior to the date of filing the application under consideration, the city may deny the permit application.

(6)

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 this article, or through the use of more stringent alternate design criteria which conform to sound conservation and engineering practices. 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 stormwater 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 level of involvement with the process, as developed by the commission and in consultation with the division and stakeholder advisory board created pursuant to the O.C.G.A. § 12-7-20, as amended.

(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. Erosion, sedimentation and pollution control plans shall include:

a.

Narrative or notes, and other information. Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

b.

Description of existing land use at project site and description of proposed project.

c.

Name, address, and telephone number of the property owner.

d.

Name and telephone number of 24-hour local contact that is responsible for erosion and sedimentation controls.

e.

Size of project, or phase under construction, in acres.

f.

Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters, that, "The installation of erosion and sediment control measures and practices shall occur prior to or concurrent with land-disturbing activities."

g.

Stormwater and sedimentation management systems-storage capacity, hydrologic study, calculations, including off-site drainage areas and other information as may be needed to satisfy the requirements of articles 9-13 and 9-14.

h.

Location of erosion and sediment control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia, chapter 6, and meeting the requirements of article 9-14. Practices may include, but are not limited to:

1.

Construction exit.

2.

Sediment barrier.

3.

Sediment basin.

4.

Grassed waterway (open swale).

5.

Storm drain outlet protection.

6.

A plan for temporary and permanent vegetative and structural erosion and sediment control measures.

i.

Vegetative plan for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for year-round seeding.

j.

Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

k.

Maintenance statement: "Erosion and sediment control measures will be maintained at all times. Additional erosion and sediment control measures and practices will be installed if deemed necessary by on-site inspection."

l.

A description of the sediment control program and sediment control practices.

m.

An adequate description of general topographic and soil conditions of the tract as available from the county soil and water conservation district.

n.

A description of the maintenance program for sediment control facilities, including inspection programs, vegetative establishment of exposed soils, method and frequency of removal and disposal of solid waste material removed from control facilities and disposition of temporary structural measures.

o.

Any additional requirement established by the commission.

(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 as well as all required approved plans and reports, 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 this article are obtained, bonding requirements, if necessary, 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 the city 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 city.

(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 that person's successor in the title is not in compliance with the approved erosion, sedimentation and pollution 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 that person 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 of 1975 (O.C.G.A. § 12-7-1 et seq.) permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1), as amended.

(ULDC 2005, § 9-14-4-1; Ord. No. 2018-24, § I, 10-16-2018)

(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 necessary measures 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, that person shall be deemed in violation of this article.

(b)

The city 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.

(ULDC 2005, § 9-14-4-2; Ord. No. 2018-24, § I, 10-16-2018)

(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 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;

(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 protection buffer, or significant amounts of sediment, as determined by city or by the EPD director, 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 necessary measures 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, may be deemed to have forfeited his performance bond for erosion, sedimentation and pollution control, if required to post one. 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)

Violations. Any person who violates any provision 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 city or 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 any city charter or ordinance to the contrary, the municipal court of the city shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations, each day during which violation or failure or refusal to comply continues shall be a separate violation.

(ULDC 2005, § 9-14-4-3; Ord. No. 2018-24, § I, 10-16-2018)

State Law reference— Penalties, O.C.G.A. § 12-7-15.

(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, as amended.

(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), as amended, 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), as amended, and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

(ULDC 2005, § 9-14-4-4; Ord. No. 2018-24, § I, 10-16-2018)

(a)

Administrative remedies. 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 administrative hearing officer within 30 days after receipt by the city of written notice of appeal.

(b)

Judicial review. Any person, aggrieved by a decision or order of the city, after exhausting his administrative remedies, shall have the right to appeal by writ of certiorari to the superior court of the county.

(ULDC 2005, § 9-14-4-5; Ord. No. 2018-24, § I, 10-16-2018)

(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 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 (O.C.G.A. § 12-7-1 et seq.), the Georgia Water Quality Control Act (O.C.G.A. § 12-5-20 et seq,), or the rules and regulations promulgated and approved thereunder, as amended, or pollute any waters of the state as defined thereby.

(ULDC 2005, § 9-14-4-6; Ord. No. 2018-24, § I, 10-16-2018)