10.1.1. Definitions

The following definitions apply in the interpretation and enforcement of this Sec. 10.1, unless otherwise specifically stated:

Best management practices (BMPs). The schedules of activities, prohibitions of practices, maintenance procedures, and other management 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" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted to prevent or reduce the pollution of waters of Georgia. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Board. The Board of Natural Resources.

Buffer. 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. A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Coastal marshlands. shall have the same meaning as in O.C.G.A. § 12-5-282.

Commission. The Georgia Soil and Water Conservation Commission (GSWCC).

CPESC. A Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc.

Cut. 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. Also known as "excavation."

Department. The Department of Natural Resources of the State of Georgia.

Design professional. A professional licensed by the State of Georgia 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 International, Inc. Design Professionals must practice in a manner that complies with applicable Georgia law governing professional licensure.

Director. The Director of the Environmental Protection Division of the Department of Natural Resources or an authorized representative.

District. The Hall County Soil and Water Conservation District.

Division. The Environmental Protection Division of the Department of Natural Resources.

Drainage structure. 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.

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

Erosion, Sedimentation and Pollution Control Plan. A plan for the control of soil erosion and sediment resulting from a land disturbing activity.

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

Final stabilization. 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 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).

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

Grading. Altering the shape of ground surfaces to a predetermined condition. This includes stripping, cutting, filling, stockpiling, and shaping or any combination thereof, and includes the land in its cut or filled condition.

Ground elevation. The elevation of the ground surface.

Land-disturbing activity. Any activity which may result in soil erosion and the movement of sediments into State waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as described in Sec. 10.1.2.A.5.

Larger common plan of development or sale. A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For purposes of this paragraph, "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.

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

Maintenance. Actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope, or size of the original design.

Manual for Erosion and Sediment Control in Georgia. The Manual for Erosion and Sediment Control in Georgia, (2016 Edition) as amended through July 1, 2016, published by the Georgia Soil and Water Conservation Commission.

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

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

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

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

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

Operator. The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) 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. The location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or construction site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Permit. The authorization necessary to conduct a land disturbing activity under the provisions of these rules and regulations.

Person. 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 this State, any interstate body or any other legal entity.

Phase or phased. A reference to 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. The entire area of the proposed development site, regardless of the size of the area to be disturbed.

Properly designed. Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (manual) published by the Georgia 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 GSWCC up until the date of NOI submittal.

Receiving Water(s). All perennial and intermittent waters of the State into which the runoff of stormwater from a construction activity will discharge, either directly or indirectly.

Roadway drainage structure. A device such as a bridge, culvert, or ditch, composed of a virtually nonerodable 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.

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

Sedimentation. The action or process of forming or depositing sediment.

Soil and Water Conservation District Approved Plan. An erosion, sedimentation and pollution control plan approved in writing by the Hall County Soil and Water Conservation District.

Stabilization. The process of establishing an enduring soil cover of vegetation and/or mulch or other ground cover and/or installing 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. The National Pollutant 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, as amended, 33 U.S.C. 1251 et seq., and subsection (f) of Code section 12-5-30.

State Waters. 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.

Structural Erosion and Sediment Control Practices. Measures 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 sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, and land grading, etc. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Trout streams. All streams or portions of streams within the watershed as designated by the Division under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. 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 streams are streams into which no other streams flow except springs.

Vegetative erosion and sediment control measures. Measures for the stabilization of erodible or sediment producing area by covering the soil with:

1.

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

2.

Temporary seeding, producing short term vegetative cover; or

3.

Sodding, covering areas with a turf of perennial sod-forming grass. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

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

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

10.1.2. Exemptions

A.

This section does not apply to the following activities:

1.

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

2.

Granite quarrying and land clearing for such quarrying.

3.

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.

4.

The construction of single-family residences, except that a building permit must be acquired prior to any land-disturbing activity beginning on a site, 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 equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence must conform to the minimum requirements as set forth in Sec. 10.1.3. For single-family residence construction covered by the provisions of this paragraph, there must 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 may 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 must be at least 50 horizontal feet, and no variance to a smaller buffer may be granted. For secondary trout waters, the buffer zone must be at least 50 horizontal feet, but the 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 as defined by this section, the buffer must be at least 25 feet and no variance to a smaller buffer may be granted. The minimum requirements of Sec. 10.1.3 and the buffer zones provided by this paragraph shall be enforced by the local issuing authority.

5.

Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions," to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings.

6.

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 19 and 20 of Sec. 10.1.3.C., no other land-disturbing activities, except for normal forest management practices, may 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.

7.

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

8.

Any noncommercial project involving less than one acre of disturbed area that is not otherwise exempt under Sec. 10.1.2.A.1. through A.7. and A.9. through A.11. is exempt from general land-disturbing permit plan requirements, but is required to have a minor land-disturbing permit and must meet the minimum requirements of Secs. 10.1.3.B., 10.1.3.C. and 10.1.4.A. Commercial projects of any size are not exempt from any provision of this section; provided, however, that the county engineer may specifically exempt certain projects from erosion, sedimentation, and pollution control plan requirements in cases where minimal land disturbance is to occur. These exemptions from erosion, sedimentation, and pollution control plan requirements do 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. 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 in this section may prevent a city or county which is a local issuing authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this Sec. 10.1.2.A.

9.

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 Department of Transportation or State Road and Tollway Authority which disturb one or more contiguous acres of land are subject to the 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 must be submitted to the local issuing authority, the local issuing authority may 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 may be subject to the same penalties as violations by permit holders.

10.

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 local issuing authority may 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 may be subject to the same penalties as violations by permit holders.

11.

Public water system reservoirs.

B.

Where this section requires compliance with the minimum requirements set forth in Secs. 10.1.3.B. and 10.1.3.C., the local issuing authority may enforce compliance with the minimum requirements as if a permit had been issued and violations may be subject to the same penalties as violations by permit holders.

10.1.3. Minimum Requirements for Erosion and Sedimentation Control Using Best Management Practices

A.

General provisions.

Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if the requirements of this section and the NPDES permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this section must contain provisions for application of erosion, sedimentation and pollution control measures and practices. The provisions must be incorporated into the erosion, sedimentation and pollution control plans. Erosion, sedimentation and pollution control measures and practices must conform to the minimum requirements of Secs. 10.1.3.B. and 10.1.3.C. The application of measures and practices applies to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures must be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with the requirements of this section and the NPDES general permit.

B.

Minimum requirements/BMPs.

1.

Best management practices as set forth in Secs. 10.1.3.B. and 10.1.3.C. are required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices may constitute a complete defense to any action by the Director or to any other allegation of noncompliance with this section or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection (f) of O.C.G.A. § 12-5-30.

2.

A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained may constitute a separate violation of any land-disturbing permit issued by the local issuing authority or of any state general permit issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, 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 must be measured in accordance with guidelines to be issued by the Director. This paragraph does 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.

3.

Failure to properly design, install, or maintain best management practices may constitute a violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30 for each day on which such failure occurs.

4.

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

5.

The local issuing authority may set more stringent buffer requirements than stated in Secs. 10.1.3.C.19, 10.1.3.C.20, and 10.1.3.C.21, in light of O.C.G.A. § 12-7-6(c).

6.

All soil, erosion, and sedimentation control measures will be checked daily by the operator and any deficiencies noted will be corrected by the end of each day. Additional soil, erosion, and sediment control measures must be installed if deemed necessary by the local issuing authority after an on-site inspection.

7.

If, at any time, any reasonably notable and visible quantity of sediment leaves the property lot lines, impacts other property or any stream buffer zone, additional and appropriate soil erosion and sedimentation control measures shall be added immediately to prevent future violations.

C.

The rules and regulations, ordinances, or resolutions adopted pursuant to this section for the purpose of governing land-disturbing activities require, as a minimum, protections at least as stringent as the state general permit. Best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, must be 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.

A construction exit designed in accordance with the "Manual for Erosion and Sediment Control in Georgia" must be the first element developed on a construction site. The construction exit must be maintained in such a way as to prevent any mud from being tracked onto public roads.

2.

Stripping of vegetation, regrading and other development activities must be conducted in a manner to minimize erosion.

3.

Cut-fill operations must be kept to a minimum.

4.

Development plans must conform to topography and soil type, so as to create the lowest practical erosion potential.

5.

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

6.

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

a.

Projects with proposed disturbed areas of more than 20 acres will need to be graded in phases or comply with Hall County's Additional Best Management Practices for Large Developments list included in this section. If the project is going to be phased, a proposed phasing plan and schedule will need to be shown on the approved erosion, sedimentation, and pollution control plans. Mulch or temporary grassing must be applied immediately to all exposed soil areas that have been inactive for 14 days. The mulch or temporary grassing coverage must be maintained to a depth of two inches and must have a continuous 90 percent soil surface coverage, or greater until final stabilization has occurred.

b.

For development projects that disturb more than 20 acres and less than 50 acres, the approved erosion, sedimentation, and pollution control plans must include at least two of the additional BMP's from the Hall County's Additional Best Management Practices for Large Developments list.

c.

For development projects that disturb more than or equal to 50 acres, the approved erosion, sedimentation, and pollution control plans must include at least four of the additional BMP's from the Hall County's Additional Best Management Practices for Large Development list.

7.

Hall County's Additional Best Management Practices for Large Development list include the following:

a.

Increase all temporary sediment basins and retrofitted storm water management basins to provide sediment storage of at least 3600 cubic feet (134 cubic yards) per acre drained.

b.

Use baffles in all temporary sediment basins and retrofitted stormwater management basins to at least double the conventional flow path length to the outlet structure.

c.

Use flocculants or coagulants and/or mulch to stabilize areas left disturbed for more than seven calendar days in accordance with Section III.D.1. of the current NPDES Permit.

d.

Conduct turbidity sampling after every rain event of 0.5 inch or greater within any 24-hour period, recognizing the exceptions specified in Section IV.D.6.d. of the current NPDES Permits.

e.

Comply with the applicable end-of-pipe turbidity effluent limit, without the "BMP defense" as provided for in O.C.G.A. § 12-7-6(a)(1).

f.

Reduce the total planned site disturbance to less than 50 percent impervious surfaces (excluding any state-mandated buffer areas from such calculations). All calculations must be included on the plan.

g.

Limit the amount of disturbed area at any one time to no greater than 25 acres or 50 percent of the total planned site, whichever is less. All calculations must be included on the plan.

h.

Use mulch filter berms, in addition to a silt fence, on the site perimeter wherever construction storm water (including sheet flow) may be discharged. Mulch filter berms cannot be placed in waterways or areas of concentrated flow.

i.

Use appropriate erosion control slope stabilization instead of concrete in all construction storm water ditches and storm drainages designed for a 25-year, 24-hour rainfall event.

j.

Use flocculants or coagulants under a passive dosing method (e.g., flocculant blocks) within construction storm water ditches and storm drainages that feed into temporary sediment basins and retrofitted management basins.

k.

Certified personnel for primary permittees shall conduct inspections at least twice every seven calendar days and within 24 hours of the end of the storm that is 0.5 inches rainfall or greater in accordance with Section IV.D.4.a.(3)(a)—(c); secondary permittees, Section IV.D.4.b.(3)(a)—(c); and tertiary permittees, Section IV.D.4.c.(3)(a)—(c).

l.

Limit the total planned site disturbance to less than 15 percent impervious surfaces (excluding any state mandated buffer areas from such calculations). All calculations must be included in the plan.

m.

Conduct inspections during the intermediate grading and drainage BMP phase and during the final BMP phase of the project by the design professional who prepared the plan in accordance with Section IV.A.5 of the permit.

n.

Install Post Construction BMPs (e.g., runoff reduction BMPs) which remove 80 percent TSS as outlined in the Georgia Stormwater Management Manual known as the Blue Book or an equivalent or stringent design manual.

8.

Disturbed soil shall be stabilized as quickly as practicable.

9.

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

10.

Permanent vegetation and structural erosion control measures shall be installed as soon as practicable.

11.

To the extent necessary, sediment in run-off water must be trapped using debris basins, sediment basins, silt traps, sediment barriers (silt fences, hay bales, rock dams, etc.) or similar measures until the disturbed area is stabilized. Silt fences shall incorporate Georgia Department of Transportation approved fabrics and utilize posts and proper post spacing in conformance to the "Manual for Erosion and Sediment Control in Georgia." 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. and meets the definition of final stabilization as defined in this section.

12.

Any land disturbance within 200 feet of stream buffers, wetlands, or other critical areas designated by the Hall County Engineering Department shall require two rows of Type "C" silt fence, or one row of Type "C" silt fence backed by hay bales, appropriately installed, as per the "Manual for Erosion and Sediment Control in Georgia."

In addition, for projects that disturb greater than 20.0 acres, any required double rows of silt fence shall be fortified by hay bales below the lower row of silt fence.

Furthermore, any site development adjacent to Lake Lanier Boundary shall require double row silt fence with supplemental hay bales for drainage areas directly flowing to the lake.

13.

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

14.

Cuts and fills may not endanger adjoining property.

15.

Cuts and fills may be no steeper than a ratio of two units horizontal to one unit vertical, unless a slope stabilization technique, such as a retaining wall, is used with written approval from the local issuing authority.

16.

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

17.

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.

18.

Erosion, sedimentation, and pollution control plans shall include provisions for treatment to control any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent streams beyond the levels specified in 10.1.3.B.2. of this section.

19.

Adequate erosion and sedimentation control measures which are approved by the "Manual for Erosion and Sediment Control in Georgia" shall be installed prior to, or concurrently with, any grubbing or grading activity, and be maintained until 'final stabilization' has been achieved.

20.

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:

a.

As provided in paragraphs 20 and 21 of this subsection.

b.

Where the Director determines to allow a variance that is at least as protective of natural resources and the environment.

c.

Where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8.

d.

Where a drainage structure or roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented.

e.

Along any ephemeral stream. As used in this provision, the term "ephemeral stream" means a stream:

i.

That under normal circumstances has water flowing only during and for a short duration after precipitation events;

ii.

That has the channel located above the ground-water table year round;

iii.

For which ground water is not a source of water; and

iv.

For which runoff from precipitation is the primary source of water flow.

f.

Where shoreline stabilization is installed; provided, however, that this exception shall be limited to the construction of bulkheads and sea walls only to the extent required to prevent the erosion of the shoreline. This exception shall be limited to Lake Oconee and Lake Sinclair and shall be limited to the duration of such construction.

g.

Unless exempted under division (v) of this subparagraph, buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, O.C.G.A. the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the Director as provided in this paragraph.

h.

No land-disturbing activities shall be conducted within any such buffer; and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed, except as otherwise provided by this paragraph. 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.

i.

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;

ii.

Stream crossings for sewer lines; or

iii.

Permitted uses specified in Sec. 10.4.6.D.; and

j.

All requirements of Sec. 10.4.6 shall also be complied with.

21.

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 O.C.G.A. tit. 12, ch. 5, art. 2, 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 board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream. As any such pipe must stop short of the downstream landowner's property, and the landowner must comply with the buffer requirement for any adjacent trout streams. The 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; they 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;

ii.

Stream crossings for sewer lines; or

iii.

Permitted uses specified in subsection 8.170.060.D.; and

c.

All requirements of Official Code of Hall County, Georgia, section 8.170.060 shall also be complied with.

22.

There is established a 25-foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with O.C.G.A. tit. 12, ch. 5, the "Coastal Marshlands Protection Act of 1970," and the rules and regulations promulgated thereunder, except:

a.

Where the Director determines to allow a variance that is at least as protective of natural resources and the environment;

b.

Where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8;

c.

Where an alteration within the buffer area has been authorized pursuant to O.C.G.A. § 12-5-286;

d.

For maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented;

e.

Where a drainage structure or roadway drainage structure is constructed or maintained; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented;

f.

On the landward side of any currently serviceable shoreline stabilization structure; and

g.

For the maintenance of any manmade stormwater detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.

h.

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, except as otherwise provided by this paragraph. 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; 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.

i.

The buffer shall not apply to crossings for utility lines that cause a width of disturbance of not more than 50 feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.

j.

The buffer shall not apply to:

i.

Any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or

ii.

Any lot for which the preliminary plat has been approved prior to December 31, 2015, if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25-foot buffer would consume at least 18 percent of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.

k.

Activities where the area within the buffer is not more than 500 square feet or that have a "minor buffer impact" as defined in section 391-3-7-.01(r) of the Rules of the Department of Natural Resources, provided that the total area of buffer impacts is less than 5,000 square feet, are deemed to have an approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under the variance by rule and notification shall be made to the division at least 14 days prior to the commencement of land disturbing activities.

D.

The board shall promulgate rules and regulations that contain specific criteria for the approval or denial by the Director of requests for variances for road construction and maintenance projects undertaken by the Department of Transportation when:

1.

An alteration within the buffer area has been authorized pursuant to a permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act of 1972, as amended, or Section 10 of the Rivers and Harbors Act of 1899; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or

2.

The land-disturbing activity is not eligible for a permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act of 1972, as amended, and involves the piping, filling, or rerouting of waters that are not jurisdictional waters of the United States regardless as to whether or not such waters have been classified as primary or secondary trout waters.

E.

Nothing contained in this section shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Secs. 10.1.3.B. and 10.1.3.C.

F.

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 section or the terms of the permit.

10.1.4. Application, Permits Process, Generally

There are three types of land-disturbing permits: minor land disturbing, new home construction grading, and general land disturbing.

A.

Minor land disturbing permit. Where required pursuant to Sec. 10.1.2.A.8., no person shall conduct any land-disturbing activity within the unincorporated area of Hall County without first obtaining a minor land-disturbing permit from Hall County Development Services to perform such activity. Additionally, a minor land disturbing permit shall be required for the construction of secondary driveways. The application for a minor land-disturbing permit must contain a current plat or drawing of the property containing the project which indicates all easements, streams, buffer zones, wetlands, and roadways. Said application must be submitted to Hall County Development Services. A fee as established in the Hall County Plan Review and Inspection Fee Schedule will be charged for each application. From time to time, upon the recommendation of the county engineer and approval of the board of commissioners of Hall County, Georgia, said schedule may be revised as deemed necessary. The permit will expire six months from the date of issuance. Additionally, where a minor land-disturbing permit is required Sec. 10.1.4.C.4.f. shall apply.

B.

Residential grading permit. The residential grading permit will apply where land disturbance activities (i.e. grading) are to be performed on residential properties but prior to issuance of a building permit. The total disturbed area for this permit shall not exceed one acre on single or adjoining properties. The application for a residential permit must contain a current plat or drawing of the property containing the project which indicates all easements, streams, buffer zones, wetlands, and roadways. Said application must be submitted to Hall County Planning and Development. A fee as established in the Hall County Plan Review and Inspection Fee Schedule will be charged for each application. From time to time, upon the recommendation of the county engineer and approval of the board of commissioners of Hall County, Georgia, said schedule may be revised as deemed necessary. The permit will expire six months from date of issuance. Additionally, where new home construction grading permit is required Sec. 10.1.4.C.4.f. shall apply.

C.

General land-disturbing permit. All other required land-disturbing sites not fitting the minor land-disturbing requirement.

1.

General. The property owner, developer, and designated planners and engineers shall review the general development plans and detailed plans of the local issuing authority that affect the tract to be developed and the area surrounding it. They shall review the zoning regulations, watershed protection regulations, subdivision regulations, flood damage prevention regulations, this section, and the other provisions of the Hall County Unified Development Code, and the laws of the State of Georgia which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the operator is the only party who may obtain a permit.

2.

Application requirements.

a.

No person shall conduct any land-disturbing activity within the unincorporated area of Hall County without first obtaining an appropriate permit from Hall County Planning and Development to perform such activity and providing a copy of notice of intent submitted to the EPD if applicable.

b.

The application for a permit shall be submitted to the local issuing authority and must include the applicant's erosion, sedimentation, and pollution control plan with supporting data, as necessary. The plans shall include, as a minimum, the data specified in 10.1.4.C.3. of this section. Erosion, sedimentation, and pollution control plans shall conform to the provisions of Secs. 10.1.3.B. and 10.1.3.C. Applications for a permit will not be accepted unless accompanied by the appropriate number of 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 or that such a visit was not required in accordance with rules and regulation established by the board. Upon plan approval, one reduced size set of plans shall be submitted to Hall County Development Review Division.

c.

A fee established in the Hall County Plan Review and Inspection Fee Schedule shall be charged for each application. This application fee allows for an initial review of plans and a second review of plans to ensure that redlined comments are addressed as well as an additional fee for plans that require third and subsequent reviews. After plans have been permitted, a fee shall be charged for each revision submitted to the county for review, as established in the Hall County Plan Review and Inspection Fee Schedule. From time to time, upon the recommendation of the county engineer and approval of the board of commissioners of Hall County, Georgia, the fee schedule may be revised as deemed necessary.

d.

In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), in the amount of $80.00 per acre, or fraction of acres to the nearest one-tenth acre, of land-disturbing activity, and these fees shall be calculated and be paid by the primary permittee as defined in the state general permit for each are 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. Out of the $80.00 per disturbed acre collected, $40.00 shall be submitted to the division; and 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.

e.

Soil erosion and sediment control permits shall terminate 12 months from the date of issuance. If the land-disturbing activity has not commenced within said 12 months from the date of issuance, the person or entity in whose name the permit was issued shall make a new application and pay a reapplication fee as established in the Hall County Plan Review and Inspection Fee Schedule to obtain a new permit pursuant to these regulations before commencing such land-disturbing activity. However, if the land-disturbing activity has commenced but not completed and inspections have been made by the local issuing authority within said 12 months from the date of issuance, the person or entity in whose name the permit was issued shall make a new application and pay a reapplication fee as established in the Hall County Plan Review and Inspection Fee Schedule to obtain a new permit pursuant to this section before commencing such land-disturbing activity. Should the permit expire and the person or entity in whose name the permit was issued fail to make a new application within 12 months from the original date of issuance, the permit will be deemed terminated, and the person or entity will be required to permit the site from start by following subsections 10.1.4.C.2c(a)—(c) above. The foregoing notwithstanding, once the land-disturbing activity has commenced, it shall be completed within six months of the date of commencement. The reapplication fee for noncommercial sites meeting the criteria as set forth in subsection 10.1.2.A.8. shall be that fee established in the Hall County Plan Review and Inspection Fee Schedule regardless of whether or not land-disturbing activity has commenced in the past year. Termination of the permit shall not relieve the property owner of the responsibility for fulfilling the soil erosion and sediment control requirements of the permit, or of this section. From time to time, upon the recommendation of the county engineer and approval of the board of commissioners of Hall County, Georgia, the above fee schedule may be revised as deemed necessary.

f.

Immediately upon receipt of an application and plan for a permit, the local issuing authority 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 a 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 local issuing authority. No permit will be issued unless the plan has been approved by the district, and any variances required by Sec. 10.1.3.C.19., 20., and 21. and bonding, if required as per Sec. 10.1.4.C.2.g.(2), have been obtained. Such review will not be required if the local issuing authority and the district have entered into an agreement which allows the local issuing authority to conduct such review and approval of the plan without referring the application and plan to the district.

g.

If a permit applicant has had two or more violations of previous permits, this section, or the Erosion and Sedimentation Act of the State of Georgia, as amended, within three years prior to the date of the filing of the application under consideration, the local issuing authority may deny the permit application.

The local issuing authority 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 local issuing authority 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. This subsection 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 local issuing authority with respect to alleged permit violations.

3.

Plan requirements.

a.

Plans must be prepared to meet the minimum requirements as contained in Secs. 10.1.3.B. and 10.1.3.C. 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, published by the Georgia Soil and Water Conservation Commission as a guide; 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, published by the Georgia Soil and Water Conservation Commission, is hereby incorporated by reference into this section. 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 waterway, sediment control and storm water management facilities, Hall County 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 of 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 board created pursuant to O.C.G.A. § 12-7-20.

b.

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 Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted. Erosion, sedimentation and pollution control plans shall include:

i.

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.

ii.

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

iii.

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

iv.

Name, phone number, and email address of 24-hour local contact that is responsible for erosion and sedimentation controls.

v.

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

vi.

Activity schedule including 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."

vii.

Stormwater and sedimentation management systems, storage capacity, hydrologic study, calculations, including off-site draining areas and other information as may be needed to satisfy the requirements of Secs. 10.1 and 10.4.

viii.

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

i.

Construction exit.

ii.

Sediment barrier.

iii.

Sediment basin.

iv.

Grassed waterway (open swale).

v.

Storm drain outlet protection.

vi.

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

ix.

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.

x.

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

xi.

A maintenance statement shall be printed on the plan as follows: "Erosion and sedimentation control measures will be maintained at all times. Additional erosion and sedimentation control measures and practices will be installed if deemed necessary by on-site inspection."

xii.

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

xiii.

An adequate description of general topographic and soil conditions of the tract as available from the Hall County Soil and Water Conservation District.

xiv.

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.

xv.

Any additional requirement established by the commission.

4.

Permits.

a.

Permits shall be issued or denied as soon as practicable but, in any event, not later than 45 days after receipt by the local issuing authority of a completed application, providing variance 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.

b.

No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the district, and the local issuing authority has affirmatively determined that the plan is in compliance with this section, any variances required by Secs. 10.1.3.C.16. and 17. are obtained, bonding requirements, if necessary, as per Sec. 10.1.4.C.2.g.(2) are met and all ordinances and rules and regulations in effect within the unincorporated area of the county are met. If Hall County is the local issuing authority, then no permit shall be issued without the written approval of the Hall County Engineering Division and the Hall County Department of Planning and Zoning. If the permit is denied, the reason for denial shall be furnished to the applicant. No permit will be issued unless the plan has been approved by the district and the Department of Planning and Zoning.

c.

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

d.

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

e.

The permit may be suspended, revoked, or modified by the local issuing authority, 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 section. A holder of a permit shall notify any successor in title to him or her as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

f.

The local issuing authority 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).

g.

No permit may be issued unless the applicant has secured necessary permits from other governing agencies, such as, but not limited to: U.S. Army Corps of Engineer Permits and Georgia Department of Transportation.

h.

The development or land-disturbing activity permit must be posted in clear view on the site.

10.1.5. Inspection and Enforcement

A.

The local issuing authority 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 and practices required in the plan are effective in controlling erosion and sedimentation. Also, the local issuing authority shall regulate both primary and secondary 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. A local issuing authority must review, revise, or amend its ordinances within 12 months of any amendment to O.C.G.A. § 12-7-8(a)(2). 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 section, a written or verbal 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, that person shall be deemed in violation of this section. If there is any reasonably notable and visible quantity of sediment leaving or that has left the property lot lines, impacting other property or any stream buffer zone, no verbal or written notice shall be required, and the person engaged in land-disturbing activities shall be deemed in violation of this section.

B.

The local issuing authority shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this section, 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.

Once a verbal or written warning or a citation has been issued for a violation of this section, no additional warning will need to be given for any violation on that site for enforcement action relating to this section.

D.

No person shall refuse entry or access to any authorized representative or agent of the local issuing authority, 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.

E.

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 jurisdictions erosion and sedimentation 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.

F.

The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to code section 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of and compliance with the applicable ordinances and regulations and review of conformance with an agreement, if any, between the district and the local issuing 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, enforced, or complied with its ordinances or regulations 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 county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary correction action within 90 days after notification by the division, the division may revoke the certification of the county or municipality as a local issuing authority.

10.1.6. General Offenses

A.

No person shall remove, deface, obstruct or move any postings, notices, stickers, stop-work orders, or other material left on-site by the local issuing authority unless by the local issuing authority or its agent.

B.

It shall be unlawful for any person to dump, deposit, or cause any reasonably notable and visible quantity of sedimentation, mud, or related debris to come onto any public highway, road, street, alley, or thoroughfare.

C.

With the exception of land-disturbing activity exempted under this section, it shall be unlawful for any person to cause any mud or sediment to impact any other property or any stream buffer as a result of any land-disturbing activity where best management practices are not properly designed, installed, and maintained.

10.1.7. Penalties and Incentives

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 section without first obtaining said permit, the person shall be subject to double permit fees at the time the permit is obtained and/or 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 local issuing authority. It is the responsibility of the property owner to ensure that the proper permit is obtained.

B.

Stop-work orders.

1.

For the first and second violations of the provisions of this section, the Director or the local issuing authority 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 Director or local issuing authority 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, the Director or local issuing authority shall issue an immediate stop-work order in lieu of a warning;

2.

For a third and each subsequent violation, the Director or local issuing authority 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 local issuing authority or by the Director or their 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 local issuing authority or by the Director or their designee. 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. All 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.

5.

While a stop-work order is in effect, the Building Inspection Department shall conduct no inspection on the property except for soil erosion inspections, and all work on the site, except that work necessary to achieve compliance with this section, shall cease until compliance is achieved.

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 or she shall be deemed in violation of this section and, in addition to other penalties, shall be deemed to have forfeited his or her performance bond, if required to post one under the provisions Sec. 10.1.4.C.2.g. The local issuing authority 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.

Civil penalties. Any person who violates any provisions of this section, the rules and regulations adopted pursuant to this section, or any permit condition or limitation established pursuant to this section, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the county issued as provided in this section shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this section, notwithstanding any provisions of the Official Code of Hall County, the Magistrate Court of Hall County 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 of county ordinances, any other court of competent jurisdiction trying cases brought as violations of this section likewise shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which a violation or failure or refusal to comply continues shall be a separate violation.

E.

Penalty. Any person, firm, corporation, association or partnership violating any provision of this section as the same exists or as it may hereinafter be amended, or shall fail to do anything required by this section as the same exists or as it may hereafter be amended, shall be guilty of a misdemeanor, amenable to the process of the Magistrate or State Court of Hall County, and upon conviction, shall be punished as provided in the Official Code of Hall County, Georgia for each violation in the discretion of the Court.

10.1.8. Education and Certification

A.

Persons involved in land development design, review, permitting, construction, monitoring, or inspection of 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 accordance with this section and 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 section.

D.

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

10.1.9. Administrative Appeal Judicial Review

A.

Administrative remedies. The suspension, revocation, modification, or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion, sedimentation 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 Board of Commissioners of Hall County within 30 days after receipt by the local issuing authority of written notice of appeal.

B.

Judicial review. Any person, aggrieved by a decision or order of the local issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of Hall County.

10.1.10. Liability

A.

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

B.

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 section or the terms of the permit.

C.

No provision of this section 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.

10.2.1. General Provisions

A.

Purpose and Intent

The purpose of this section is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to:

1.

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

2.

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

3.

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

4.

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

5.

Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and,

6.

Protect the stormwater management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural floodplain areas.

B.

Applicability

This section shall be applicable to all areas of special flood hazard within Hall County.

C.

Designation of Section Administrator

The Hall County Engineer or their designee is hereby appointed to administer and implement the provisions of this section.

D.

Basis for Establishing Areas of Special Flood Hazard, Areas of Future-Conditions Flood Hazard and Associated Floodplain Characteristics—Flood Area Maps and Studies

For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "future-conditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this section, the following documents and sources may be used for such purposes and are adopted by reference thereto:

1.

The flood insurance study (FIS) dated September 29, 2006, with accompanying maps and other supporting data and any revision thereto.

2.

Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the base or one percent (100-year) floodplain and flood prone areas, including:

a.

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, state or federal agency applicable to Hall County; and

b.

Any base flood study conducted by a licensed professional engineer which has been prepared by utilizing FEMA approved methodology and approved by the Hall County Engineer.

3.

Other studies, which may be relied upon for the establishment of the future-conditions flood elevation or delineation of the future-conditions floodplain and flood prone areas, including:

a.

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, state or federal agency applicable to Hall County; and

b.

Any future-conditions flood study conducted by a licensed professional engineer which has been prepared utilizing FEMA approved methodology approved by the Hall County Engineer.

4.

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the Hall County Engineering Office.

E.

Compatibility with Other Regulations

This section is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this section 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.

F.

Severability

It the provisions of any section, subsection, paragraph, subdivision or clause of this section shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this Sec. 10.2.

G.

Warning and Disclaimer of Liability

The degree of flood protection required by this section 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 section 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 section shall not create liability on the part of Hall County or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

10.2.2. Definitions

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

Addition. Any walled and roofed expansion to the perimeter or height of a building.

Adjacent. Areas located within the defined horizontal distance from the future-conditions floodplain boundary that are at or lower in elevation than either three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher, unless the area is hydraulically independent, (meaning absolutely no connection to the flooding source such as through pipes, sewer laterals, down drains, foundation drains, ground seepage, overland flow, gated or valved pipes, excavated and backfilled trenches, etc., with no fill or other manmade barriers creating the separation).

Appeal. A request for a review of the Hall County Engineer's interpretation of any provision of this section.

Area of future-conditions flood hazard. The land area that would be inundated by the one percent annual chance flood based on future-conditions hydrology (100-year future-conditions flood).

Area of shallow flooding. A designated AO or AH Zone on a community's flood insurance rate map (FIRM) with a one percent or greater chance of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. The land area subject to a one percent or greater chance of flooding in any given year. This includes all floodplain and areas at or below the base flood elevation designated as Zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM).

Accessory structure or facility. A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the primary structure.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood.

Base flood elevation. The highest water surface elevation anticipated at any given location during the base flood.

Basement. Any area of a building having its floor subgrade below ground level on all sides.

Building. The same meaning as "structure."

Development. Any manmade change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, tilling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

Elevated building. A nonbasement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, post, piers, pilings or columns.

Existing construction. Any structure for which the "start of construction" commenced before the effective date of the initial FIRM, November 2, 1983.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the initial FIRM, November 2, 1983.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

FEMA. The Federal Emergency Management Agency.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters;

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map or FIRM. An official map of a community, issued by FEMA, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood insurance study or FIS. The official report by FEMA providing an examination, evaluation and determination of flood hazards and corresponding flood profiles and water surface elevations of the base flood.

Floodplain or flood prone area. Any land area susceptible to flooding.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Future-conditions flood. The flood having a one percent chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

Future-conditions flood elevation. The highest water surface elevation anticipated at any given location during the future-conditions flood.

Future-conditions floodplain. Any land area susceptible to flooding by the future-conditions flood.

Future-conditions hydrology. The flood discharges associated with projected land use conditions based on a community's zoning maps, comprehensive land use plans, and/or watershed study projections, and without consideration of projected future construction of stormwater management (flood detention) structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places by states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory of historic places by communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this section.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when attached to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. The term does not include a "recreational vehicle."

Mean sea level. The datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this section, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988.

New construction. Any structure for which the "start of construction" commenced on or after the effective date of the initial FIRM, November 2, 1983, and includes any subsequent improvements to the structure.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the initial FIRM, November 2, 1983.

Owner. The legal or beneficial owner of a site, including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Permit. The permit issued by Hall County to the applicant which is required prior to undertaking any development activity.

Recreational vehicle. A vehicle which is:

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by light duty truck; and,

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Repetitive loss. Flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Site. The parcel of land being developed, or the portion thereof on which the development project is located.

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

Structure. A walled and roofed building (including a gas or liquid storage tank) that is principally above ground, or a manufactured home.

Subdivision. The division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

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

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement to a structure taking place during a ten-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the building means (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include those improvements of a structure required to comply with existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions, which have been identified by the Hall County Building Official or Hall County Enforcement Officer. The term also does not include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially improved existing manufactured home park or subdivision. The repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance. A grant of relief from the requirements of this section.

Violation. The failure of a structure or other development to be fully compliant with the requirements of this section. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

10.2.3. Permit Procedures and Requirements

A.

Permit Application Requirements

No owner or developer shall perform any development activities on a site where an area of special flood hazard or area of future-conditions flood hazard is located without first meeting the requirements of this section prior to commencing the proposed activity.

1.

Unless specifically excluded by this section, any landowner or developer desiring a permit for a development activity shall submit to Hall County Development Services a permit application on a form provided by Hall County Development Services for that purpose.

2.

No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this section.

B.

Floodplain Management Plan Requirements

An application for a development project with any area of special flood hazard or area of future-conditions flood hazard located on the site shall include a floodplain management/flood damage prevention plan. This plan shall include the following items:

1.

Site plan drawn to scale, which includes but is not limited to:

a.

Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment;

b.

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

c.

Proposed locations of water supply, sanitary sewer, and utilities;

d.

Proposed locations of drainage and stormwater management facilities;

e.

Proposed grading plan;

f.

Base flood elevations and future-conditions flood elevations;

g.

Boundaries of the base flood floodplain and future-conditions floodplain;

h.

If applicable, the location of the floodway; and

i.

Certification of the above by a licensed professional engineer or surveyor.

2.

Building and foundation design detail, including, but not limited to:

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 nonresidential structure will be floodproofed;

c.

Certification that any proposed nonresidential floodproofed structure meets the criteria in Sec. 10.2.5.B.2.;

d.

For enclosures below the base flood elevation, location and total net area of flood openings as required in Sec. 10.2.5.A.5.; and

e.

Design plans certified by a licensed professional engineer or architect for all proposed structure(s);

3.

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

4.

Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodways, flood profiles and all other computations and other information similar to that presented in the FIS;

5.

Copies of all applicable state and federal permits necessary for proposed development, including, but not limited to permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334; and

6.

All appropriate certifications required under this section.

The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

C.

Construction Stage Submittal Requirements

1.

For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide the Hall County Engineer a certified as-built elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation certificate shall be provided after completion of construction including final grading of the site. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for nonresidential structures, said certification shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same using the FEMA floodproofing certificate. This certification shall also include the design and operation/maintenance plan to assure continued viability of the floodproofing measures.

2.

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

D.

Duties and Responsibilities of the Administrator

Duties of the Hall County Engineer shall include, but shall not be limited to:

1.

Review all development applications and permits to assure that the requirements of this section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;

2.

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including, but not limited to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334;

3.

When base flood elevation data or floodway data have not been provided, then the Hall County Engineer shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to meet the provisions of Secs. 10.2.4 and 10.2.5 of the Official Code of Hall County, Georgia;

4.

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 and substantially improved structures;

5.

Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been floodproofed;

6.

When floodproofing is utilized for a nonresidential structure, the Hall County Engineer shall review the design and operation/maintenance plan and obtain certification from a licensed professional engineer or architect;

7.

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

8.

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions), the Hall County Engineer 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 section. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps;

9.

All records pertaining to the provisions of this section shall be maintained in the office of the Hall County Engineer and shall be open for public inspection;

10.

Coordinate all FIRM revision with the GA DNR and FEMA; and

11.

Review variance applications and make recommendations to the Planning Commission.

10.2.4. Standards for Development

A.

Definition of Floodplain Boundaries

1.

Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available.

2.

For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations shall be provided by the Hall County Engineer. If future-conditions elevation data is not available from the Hall County Engineer, then it shall be determined by a licensed professional engineer using a method approved by FEMA and the Hall County Engineer.

B.

Definition of Floodway Boundaries

The width of a floodway shall be determined from the FIS or FEMA-approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the Hall County Engineer. If floodway data is not available from the Hall County Engineer, then it shall be determined by a licensed professional engineer using a method approved by FEMA and the Hall County Engineer.

C.

General Standards

1.

No development shall be allowed within any area of special flood hazard of area of future-conditions flood hazard that could result in any of the following:

a.

Raising the base flood elevation or future-conditions flood elevation equal to or more than 0.01 foot;

b.

Reducing the base flood or future-conditions flood storage capacity;

c.

Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or

d.

Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation.

2.

Any development within any area of special flood hazard or area of future-conditions flood hazard allowed under Sec. 10.2.4.C.1. shall also meet the following conditions:

a.

Compensation for storage capacity shall occur between the average ground water table elevation and the base flood elevation for the base flood, and between the average ground water table elevation and the future-condition flood elevation for the future-conditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel;

b.

Cut areas shall be stabilized and graded to a slope of no less than 2.0 percent;

c.

Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased;

d.

Verification of no-rise conditions (0.01 foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of Sec. 10.2.4.D.;

e.

Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from flood waters; and

f.

Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval by the Hall County Engineer using the FEMA community concurrence forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six months of the completion of development, the applicant shall submit as-built surveys and plans for a final letter of map revision (LOMR).

D.

Engineering Study Requirements for Floodplain Encroachments

An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and floodways. This study shall be prepared by a licensed professional engineer and made a part of the application for a permit. This information shall be submitted to and approved by the Hall County Engineer prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include:

1.

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

2.

Step-backwater analysis, using a FEMA-approved methodology approved by the Hall County Engineer. Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future-conditions flood profiles;

3.

Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future-conditions floodplain storage capacity would not be diminished by the development; and

4.

The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments.

E.

Floodway Encroachments

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

1.

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway, except for activities specifically allowed in Sec. 10.2.4.E.2. below;

2.

Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment will not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A licensed professional engineer must provide supporting technical data and certification thereof; and

3.

If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the Hall County Engineer until an affirmative conditional letter of map revision (CLOMR) is issued by FEMA or a no-rise certification is approved by the Hall County Engineer.

F.

Maintenance Requirements

The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on the property so that the flood-carrying or flood storage capacity is maintained. The Hall County Engineer may direct the property owner (at no cost to Hall County) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the Hall County Engineer.

10.2.5. Provisions for Flood Hazard Reduction

In all areas of special flood hazard and areas of future-conditions flood hazard, the following provisions apply:

A.

General Standards

1.

New construction and substantial improvements of structures (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. have been met;

2.

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

3.

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

4.

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

5.

Elevated buildings: All new construction and substantial improvements 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 licensed professional engineer or architect to meet or exceed the following minimum criteria:

i.

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;

ii.

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

iii.

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

b.

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

c.

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

6.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding;

7.

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

8.

All proposed development shall include adequate drainage and stormwater management facilities per the requirements of Hall County to reduce exposure to flood hazards;

9.

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

10.

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;

11.

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

12.

Other public utilities such as gas and electric systems shall be located and constructed to avoid impairment to them, or public safety hazard from them, during flooding;

13.

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

14.

If the proposed development is located in multiple flood zones, or multiple base flood elevations cross the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence;

15.

When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this section; and

16.

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding:

a.

All such proposals shall be consistent with the need to minimize flood damage within the flood prone area;

b.

All public utilities and facilities, such as sewer, gas, electrical, and water systems, shall be located and constructed to minimize or eliminate flood damage; and

c.

Adequate drainage shall be provided to reduce exposure to flood hazards.

B.

Building Standards for Structures and Buildings Within the Future-Conditions Floodplain

1.

Residential Buildings.

a.

New construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. have been met. If all of the requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 10.2.5.A.5.

b.

Substantial improvements. Substantial improvement of any principal residential structure shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 10.2.5.A.5.

2.

Nonresidential Buildings.

a.

New construction. New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. have been met. If all requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 10.2.5.A.5. New construction that has met all of the requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 licensed 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 Hall County Engineer using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

b.

Substantial improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH zones may be authorized by the Hall County Engineer to be elevated or floodproofed. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 10.2.5.A.5. Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 licensed 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 Hall County Engineer using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

3.

Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, recreational facilities and other similar nonhabitable structures and facilities) which meet the requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with Sec. 10.2.5.A.5. and be anchored to prevent flotation, collapse and lateral movement of the structure.

4.

Standards for Recreational Vehicles. All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or

b.

Meet all the requirements for Residential buildings—substantial improvements (Sec. 10.2.5.B.1.b.), including the anchoring and elevation requirements.

5.

Standards for Manufactured Homes.

a.

New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. have been met. If all of the requirements of Secs. 10.2.4.C., 10.2.4.D., and 10.2.4.E. have been met, all new construction and substantial improvement shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 10.2.5.A.5.

b.

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

i.

The lowest floor of the manufactured home is elevated no lower than three feet above the level of the base flood elevation, or one foot above the future-conditions flood elevation, whichever is higher; or

ii.

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.

b.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with standards of Sec. 10.2.5.A.7.

C.

Building Standards for Structures and Buildings Authorized Adjacent to the Future-Conditions Floodplain

1.

Residential buildings. For new construction and substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 10.2.5.A.

2.

Nonresidential buildings. For new construction and substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 10.2.5.A. Nonresidential buildings may be floodproofed in lieu of elevation.

D.

Building Standards for Residential Singe-lot Development on Streams without Established Based Flood Elevations and Floodway (A-zones)

For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A-zones), the Hall County Engineer shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a federal, state, local or other source, in order to administer the provisions and standards of this section.

If data are not available from any of these sources, the following provisions shall apply:

1.

No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater.

2.

In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements 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. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for flood prone enclosures in accordance with Sec. 10.2.5.A.5.

E.

Building Standards for Areas of Shallow Flooding (AO-zones)

Areas of special flood hazard 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. In these areas, the following provisions apply:

1.

All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one foot above the flood depth number in feet 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. Flood openings sufficient to facilitate the automatic equalization of hydrostatic flood forces shall be provided in accordance with standards of Sec. 10.2.5.A.5;

2.

New construction and 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 the highest passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A licensed professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice and shall provide such certification to the Hall County Engineer using the FEMA floodproofing certificate along with the design and operation/maintenance plan; and

3.

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

F.

Standards for Subdivisions of Land

1.

All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data and future-conditions flood elevation data.

2.

All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required.

3.

All subdivision plans will provide the elevations of proposed structures in accordance with Sec. 10.2.3.B.

10.2.6. Variance Procedures

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this section:

A.

Requests for variances from the requirements of this section shall be submitted to the Hall County Engineer. All such requests shall be heard and decided in accordance with procedures to be published in writing by the Hall County Engineer. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

B.

Any person adversely affected by any decision of the Hall County Engineer may appeal said decision to the Hall County Planning Commission within 30 days from the Hall County Engineer's decision along with the costs of appeal in accordance with Sec. 11.2. An appeal shall not be considered as filed until the required fee is paid. Pursuant to Sec. 11.2, said appeal shall be heard by the Hall County Planning Commission in accordance with the procedures set forth in Sec. 11.2 with the exception that:

1.

All appeals shall be heard by the Planning Commission after notice to affected parties at the next scheduled public meeting that is 30 days or more from the filing of the appeal. The Planning Commission shall have 30 days from the date of its hearing within which to make its decision to affirm or reverse the decision of the Hall County Engineer. If the Planning Commission fails to make a decision within the specified period, it shall be deemed to have affirmed the decision of the Hall County Engineer.

C.

Any person aggrieved by the decision of the Hall County Planning Commission may appeal such decision to the Hall County Board of Commissioners in accordance with procedures set forth in Sec. 11.2 with the exception that:

1.

Said appeal shall follow all the procedures in Sec. 11.2 as though it was a zoning decision or a use permitted subject to approval of the Planning Commission;

2.

The justification required should make specific reference to such relevant criteria for a variance as listed in Sec. 10.2.6.D—K.; and

3.

The criteria for variances established pursuant to Sec. 10.2.6.D—K. of this UDC shall be used instead of Sec. 11.2.6.F. for the relevant factors to be considered pursuant to Sec. 11.2.6.M.3.

D.

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

E.

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

F.

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

G.

In reviewing such requests, the Hall County Engineer, the Hall County Planning Commission and the Hall County Board of Commissioners shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this UDC.

H.

Conditions for variances:

1.

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause;

b.

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

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or the creation of a nuisance.

2.

The provisions of this section are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

3.

Any person to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance resulting from the lowest floor elevation being placed below the base flood elevation will be commensurate with the increased risk to life and property, and that such costs may be as high as $25.00 for each $100.00 of insurance coverage provided.

4.

The Hall County Engineer shall maintain the records of all variance actions, both granted and denied, and report them to the Georgia Department of Natural Resources and the Federal Emergency Management Agency upon request.

I.

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the Hall County Engineer and the Hall County Planning Commission shall deem necessary to the consideration of the request.

J.

Upon consideration of the factors listed above and the purposes of this section, the Hall County Engineer and the Hall County Planning Commission may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this section.

K.

Variances shall not be issued "after the fact."

10.2.7. Violations, Enforcement and Penalties

Any action or inaction which violates the provisions of this section 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.

A.

Notice of Violation

If Hall County 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 section, a notice of violation shall be written to such applicant or other responsible person. In the event that a person is engaged in activity covered by this section without having first secured a permit, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

The notice shall contain:

1.

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

2.

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

3.

A statement specifying the nature of the violation;

4.

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

5.

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

6.

A statement that the determination of violation may be appealed to the Hall County Magistrate Court by filing a written notice of appeal within 30 days after the notice of violation.

B.

Penalties

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. Before taking any of the following actions or imposing any of the following penalties, Hall County shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten 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. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, Hall County may take any one or more of the following actions or impose any one or more of the following penalties:

1.

Stop work order. Hall County 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.

2.

Withhold certificate of occupancy. Hall County 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.

3.

Suspension, revocation or modification of permit. Hall County may suspend, revoke or modify the permit authorizing the 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 Hall County may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

4.

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 Hall County 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 Hall County has taken one or more of the actions described above, Hall County may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

5.

Criminal penalties. For intentional and flagrant violations of this section, Hall County may issue a citation to the applicant or other responsible person. Any person, firm, corporation, association or partnership violating any provision of this section as the same exists or as it may hereinafter be amended, or shall fail to do anything required by this section as the same exists or as it may hereafter be amended, shall be guilty of a misdemeanor, amenable to the process of the Magistrate or State Court of Hall County, and, upon conviction, shall be punished as provided in the Official Code of Hall County, Georgia section 1.50.020 for each violation in the discretion of the court. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

10.3.1. General Provisions

A.

Purpose and intent. The purpose of this ordinance is to protect the public health, safety, environment and general welfare through the regulation of nonstormwater discharges to the Hall County separate storm sewer system to the maximum extent practicable as required by federal law. This section establishes methods for controlling the introduction of pollutants into the Hall County separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are to:

1.

Regulate the contribution of pollutants to the Hall County separate storm sewer system by any person;

2.

Prohibit illicit discharges and illegal connections to the Hall County separate storm sewer system;

3.

Prevent nonstormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the Hall County separate storm sewer system; and,

4.

To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this ordinance.

B.

Applicability. The provisions of this section shall apply throughout the unincorporated area of Hall County.

C.

Compatibility with other regulations. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this Sec. 10.3 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.

D.

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this Sec. 10.3 shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this section.

E.

Responsibility for administration. Hall County shall administer, implement, and enforce the provisions of this section.

10.3.2. Definitions

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

Accidental discharge. A discharge prohibited by this section which occurs by chance and without planning or thought prior to occurrence.

Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Construction activity. Activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

Illicit discharge. Any direct or indirect nonstormwater discharge to the Hall County separate storm sewer system, except as exempted in Sec. 10.3.3 of this UDC.

Illegal connection. Either of the following:

a)

Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including, but not limited to any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or

b)

Any pipe, open channel, drain or conveyance connected to the Hall County separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Industrial activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b(14)).

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by the Georgia EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Hall County Separate Storm Sewer System. Any facility designed or used for collecting and/or conveying stormwater, including, but not limited to any roads with drainage systems, highways, Hall County streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:

a)

Owned or maintained by Hall County;

b)

Not a combined sewer; and

c)

Not part of a publicly-owned treatment works.

Nonstormwater discharge. Any discharge to the storm drain system that is not composed entirely of stormwater.

Person. Except to the extent exempted from this section, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution. The contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

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

Stormwater runoff, or stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Structural stormwater control. A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

10.3.3. Prohibitions

A.

Prohibition of illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the Hall County separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater.

The following discharges are exempt from the prohibition provision above:

1.

Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;

2.

Discharges or flows from fire fighting, and other discharges specified in writing by Hall County as being necessary to protect public health and safety; and

3.

The prohibition provision above shall not apply to any nonstormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the Hall County separate storm sewer system.

B.

Prohibition of illegal connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the Hall County separate storm sewer system is prohibited.

1.

This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

2.

A person violates this section if the person connects a line conveying sewage to the Hall County separate storm sewer system, or allows such a connection to continue.

3.

Improper connections in violation of this section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the appropriate sewer authority.

4.

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written Notice of violation from Hall County requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to Hall County Engineering.

10.3.4. Industrial or Construction Activity Discharges

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to Hall County Engineering prior to allowing discharges to the Hall County separate storm sewer system.

10.3.5. Access and Inspection of Properties and Facilities

A.

Hall County shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this ordinance.

1.

If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of Hall County.

2.

The owner or operator shall allow Hall County ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.

3.

Hall County shall have the right to set up on any property or facility such devices as are necessary in the opinion of Hall County to conduct monitoring and/or sampling of flow discharges.

4.

Hall County may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to Hall County. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.

5.

Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of Hall County and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

6.

Unreasonable delays in allowing Hall County access to a facility is a violation of this section.

7.

If Hall County has been refused access to any part of the premises from which stormwater is discharged, and Hall County is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then Hall County may seek issuance of a search warrant from any court of competent jurisdiction.

10.3.6. Notification of Accidental Discharges and Spills

A.

Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or nonstormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the Hall County separate storm sewer system, State Waters, or Waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

B.

Said person shall notify Hall County Engineering in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to Hall County Engineering within three business days of the phone or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

C.

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified by the owner/operator or other person in charge of the facility at the time of the release.

D.

Failure to provide notification of a release as provided above is a violation of this ordinance.

10.3.7. Violations, Enforcement and Penalties

A.

Violations.

1.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

2.

In the event the violation constitutes an immediate danger to public health or public safety, Hall County is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. Hall County is authorized to seek costs of the abatement as outlined in Sec. 10.3.7.E.

B.

Notice of violation. Whenever Hall County finds that a violation of this section has occurred, hall county may order compliance by written notice of violation.

1.

The notice of violation shall contain:

a.

The name and address of the alleged violator;

b.

The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to restore compliance with this section and a time schedule for the completion of such remedial action;

e.

A statement of the penalty or penalties that shall or 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 Hall County Magistrate Court by filing a written notice of appeal within 30 days of service of notice of violation.

2.

Such notice may require without limitation:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit discharges and illegal connections;

c.

That violating discharges, practices, or operations shall cease and desist;

d.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

e.

Payment of costs to cover administrative and abatement costs; and,

f.

The implementation of pollution prevention practices.

C.

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of Hall County. The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before Hall County Magistrate Court shall take place within 30 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.

D.

Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within 30 days of the decision of the appropriate authority upholding the decision of Hall County, then representatives of Hall County may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

E.

Costs of abatement of the violation.

1.

Within 60 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within 30 days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

2.

Any person violating any of the provisions of this article shall become liable to Hall County by reason of such violation.

F.

Civil penalties. In the event the alleged violator 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 Hall County shall deem appropriate, after Hall County has taken one or more of the actions described above, Hall County may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

G.

Criminal penalties. For intentional and flagrant violations of this ordinance, Hall County may issue a citation to the alleged violator requiring such person to appear in Hall County Magistrate Court to answer charges for such violation. Any person, firm, corporation, association or partnership violating any provision of this section as the same exists or as it may hereinafter be amended, or shall fail to do anything required by this section as the same exists or as it may hereafter be amended, shall be guilty of a misdemeanor, amenable to the process of the Magistrate or State Court of Hall County, and upon conviction, shall be punished as provided in the Official Code of Hall County, Georgia § 1.50.020 for each violation in the discretion of the court. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

H.

Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated pursuant to the provisions of Chapter 8.140 of the Official Code of Hall County, Georgia as well as by injunctive or other equitable relief as provided by law.

I.

Remedies not exclusive.

1.

The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and Hall County may seek cumulative remedies.

2.

Hall County may recover attorney's fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.

10.4.1. General Provisions

This section shall be known as "stream buffer protection."

10.4.2. Findings and Purposes

A.

Whereas, The Board of Commissioners of Hall County, Georgia finds that buffers adjacent to streams provide numerous benefits including:

1.

Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources;

2.

Removing pollutants delivered in urban stormwater;

3.

Reducing erosion and controlling sedimentation;

4.

Protecting and stabilizing stream banks;

5.

Providing for infiltration of stormwater runoff;

6.

Maintaining base flow of streams;

7.

Contributing organic matter that is a source of food and energy for the aquatic ecosystem;

8.

Providing tree canopy to shade streams and promote desirable aquatic habitat;

9.

Providing riparian wildlife habitat;

10.

Furnishing scenic value and recreational opportunity; and

11.

Providing opportunities for the protection and restoration of greenspace.

B.

It is the purpose of this section to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

1.

Create buffer zones along the streams of Hall County, Georgia for the protection of water resources; and

2.

Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities.

10.4.3. Definitions

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

Buffer. With respect to a stream, a natural or enhanced vegetated area (established by this section) lying adjacent to the stream.

Impervious cover. Any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.

Land development. Any land change, including, but not limited to clearing, 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. Those actions or activities which comprise, facilitate or result in land development.

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

Land disturbance activity. Those actions or activities which comprise, facilitate or result in land disturbance.

Floodplain. Any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

Parcel. Any plot, lot or acreage shown as a unit on the latest county tax assessment records.

Permit. The permit issued by Hall County, Georgia, required for undertaking any land development activity.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity.

Protection area, or stream protection area. With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

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

Setback. With respect to a stream, the area established by this section extending beyond any buffer applicable to the stream.

Stream. Any stream, beginning at:

1.

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

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, Hall County, Georgia may require field studies to verify the existence of a stream.

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

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

Watershed. The land area that drains into a particular stream.

10.4.4. Applicability

This section shall apply to all land development activity on property containing a stream protection area as defined in Sec. 10.4.3. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law, and approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.

10.4.5. Grandfather Provisions

This section shall not apply to the following activities:

A.

Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this section.

B.

Existing development and on-going land disturbance activities including, but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.

C.

Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this section.

D.

Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two years of the effective date of this section.

10.4.6. Exemptions

The following specific activities are exempt from this section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

A.

Activities for the purpose of building one of the following:

1.

A stream crossing by a driveway, transportation route or utility line;

2.

Public water supply intake or public wastewater outfall structures;

3.

Intrusions necessary to provide access to a property;

4.

Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

5.

Unpaved foot trails, paths and elevated boardwalks; or

6.

Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

B.

Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Official Code of Hall County, Georgia section 8.170.060(A).

C.

Land development activities within a right-of-way existing at the time this section takes effect or approved under the terms of this section.

D.

Within an easement of any utility existing at the time this section takes effect or approved under the terms of this section, land disturbance activities and such impervious cover as are necessary for the operation and maintenance of the utility, including, but not limited to manholes, vents and valve structures.

E.

Emergency work necessary to preserve life or property is exempt. However, when emergency work is performed under this section, the person performing it shall report such work to the Hall County Engineering Department on the next business day after commencement of the work. Within ten days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by Hall County, Georgia to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

F.

Forestry, silviculture and agricultural activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land-disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer.

After the effective date of this section, it shall apply to new subdividing and platting activities.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Sec. 10.4.8.

10.4.7. Stream Buffer and Setback Requirements

All land development activity subject to this section shall meet the following requirements:

A.

An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. This buffer shall not be altered or reduced by any method in this section.

B.

An additional setback shall be maintained beyond the natural vegetative buffer, in which all impervious cover shall be prohibited. Stormwater management structures shall be allowed within this setback however, all other grading, filling and earthmoving shall be minimized. The setback shall be either of the following dimensions:

1.

For a uniform distance of 25 feet, measured horizontally, from the undisturbed natural vegetative buffer boundary.

2.

For a variable distance, measured horizontally, from the undisturbed natural vegetative buffer boundary, provided that the total area encompassed by this impervious setback on the land development activity is equal to, or greater than, the total area that would be encompassed by the uniform distance of 25 feet.

C.

On properties between 10 acres and 49.9 acres, the impervious setback area may be reduced such that the sum of the undisturbed buffer area and the impervious setback area do not exceed 12 percent of the total property area of the development activity. However, in no case shall the 50-foot undisturbed buffer be reduced or altered to achieve this percentage.

D.

On properties of 50 acres or larger, the impervious setback area may be reduced such that the sum of the undisturbed buffer area and the impervious setback area do not exceed eight percent of the total property area of the development activity. However, in no case shall the 50-foot undisturbed buffer be reduced or altered to achieve this percentage.

E.

No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback, except that existing septic systems constructed prior to the effective date of this section may be maintained or replaced, but not enlarged within the required buffer and setback area.

F.

For water supply watershed districts subject to the requirements of Sec. 6.5 of this UDC, the minimum stream buffer setbacks shall be the greater of the applicable requirements of this section or those in Sec. 6.5.

10.4.8. Buffer and Setback Variance Procedures

Variances from the buffer and setback requirements in this section may be granted in accordance with the following provisions:

A.

Where a parcel was platted prior to the effective date of this section, and its shape, topography or other existing physical condition prevents land development consistent with this section, and the Hall County Engineering Department finds and determines that the requirements of this section prohibit the otherwise lawful use of the property by the owner, the Hall County Engineering Department may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

B.

Except as provided in Section 10.4.8.A. above, the Board of Commissioners of Hall County, Georgia shall grant no variance from any provision of this section without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Commissioners of Hall County, Georgia. The Board of Commissioners of Hall County, Georgia shall give public notice of each such public hearing in a newspaper of general circulation within Hall County, Georgia. Hall County, Georgia shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

1.

Variances will be considered only in the following cases:

a.

When a property's shape, topography or other physical conditions existing at the time of the adoption of this section prevents land development unless a buffer variance is granted.

b.

Unusual circumstances when strict adherence to the minimal buffer requirements in the section would create an extreme hardship.

2.

Variances will not be considered when, following adoption of this section, actions of any property owner of a given property have created conditions of a hardship on that property.

C.

At a minimum, a variance request shall include the following information:

1.

A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;

2.

A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

3.

A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

4.

Documentation of unusual hardship should the buffer be maintained;

5.

At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

6.

A calculation of the total area and length of the proposed intrusion;

7.

A stormwater management site plan, if applicable; and,

8.

Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

D.

The following factors will be considered in determining whether to issue a variance:

1.

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

2.

The locations of all streams on the property, including along property boundaries;

3.

The location and extent of the proposed buffer or setback intrusion;

4.

Whether alternative designs are possible which require less intrusion or no intrusion;

5.

The long-term and construction water-quality impacts of the proposed variance; and,

6.

Whether issuance of the variance is at least as protective of natural resources and the environment.

10.4.9. Compatibility with Other Buffer Regulations and Requirements

This section is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this section should be considered minimum requirements, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

10.4.10. Additional Information Requirements for Development on Buffer Zone Properties

A.

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

1.

A site plan showing:

a.

The location of all streams on the property;

b.

Limits of required stream buffers and setbacks on the property;

c.

Buffer zone topography with contour lines at no greater than five-foot contour intervals;

d.

Delineation of forested and open areas in the buffer zone; and,

e.

Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;

2.

A description of all proposed land development within the buffer and setback; and,

3.

Any other documentation that Hall County, Georgia may reasonably deem necessary for review of the application and to ensure that the requirements of this section are addressed in the approval process.

B.

During development activities, and all phases of construction, the buffer perimeters shall be marked with a temporary sign at an interval of one per parcel, or every 100 feet, whichever is less. Signs shall remain in place prior to and during approved construction activities. The sign shall contain the following statement "Streamside Buffer—Do Not Remove or Alter Existing Native Vegetation." Other plainly visible marking methods are acceptable in lieu of the signage, including, but not limited to tree save fencing, painted markings on trees, or orange silt fence.

C.

Replanting of the buffer shall be required where buffer disturbance has occurred. The replanting shall be accomplished within 14 days of the buffer impact using native vegetation or by following current Natural Resources Conservation Service (NRCS) conservation practice standards. The Hall County Engineer or his/her designee shall approve the revegetation plan.

D.

All buffer and setback areas must be recorded on the final plat of the property following plan approval.

10.4.11. Responsibility

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon Hall County, Georgia, its officers or employees, for injury or damage to persons or property.

10.4.12. Inspection

Hall County, Georgia may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist Hall County, Georgia in making such inspections. Hall County, Georgia shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

No person shall refuse entry or access to any authorized representative or agent who requests entry for 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 official duties.

10.4.13. Violations, Enforcement and Penalties

Any action or inaction which violates the provisions of this section or the requirements of an approved site 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.

A.

Notice of violation. If Hall County, Georgia determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this section, 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 section without having first secured the appropriate 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.

1.

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 approved site plan or this section 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 Magistrate Court of Hall County, Georgia 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).

B.

Penalties. 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. Before taking any of the following actions or imposing any of the following penalties, Hall County, Georgia shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten 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. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, Hall County, Georgia may take any one or more of the following actions or impose any one or more of the following penalties.

1.

Stop-work order. Hall County, Georgia 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 necessary remedial measures to cure such violation or violations.

2.

Withhold certificate of occupancy. Hall County, Georgia 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.

3.

Suspension, revocation or modification of permit. Hall County, Georgia 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 Hall County, Georgia may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

4.

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 Hall County, Georgia 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 Hall County, Georgia has taken one or more of the actions described above, Hall County, Georgia may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

5.

Criminal penalties. For intentional and flagrant violations of this section, any applicant, responsible person, firm, corporation, association or partnership violating any provision of this section as the same exists or as it may hereinafter be amended, or shall fail to do anything required by this section as the same exists or as it may hereafter be amended, shall be guilty of a misdemeanor, amenable to the process of the Magistrate or State Court of Hall County, and upon conviction, shall be punished as provided in the Official Code of Hall County, Georgia section 1.50.020 for each violation in the discretion of the court. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

10.4.14. Administrative Appeal and Judicial Review

A.

Administrative appeal. Any person aggrieved by a decision or order of the Hall County Engineering Department pursuant to this section, may appeal in writing within 15 days after the issuance of such decision or order to the Board of Commissioners of Hall County, Georgia and shall be entitled to a hearing before the Board of Commissioners of Hall County, Georgia within 45 days of receipt of the written appeal.

B.

Judicial review. Any person aggrieved by a decision or order of the Hall County Engineering Department, after exhausting all administrative remedies, shall have the right to appeal de novo to the Superior Court of Hall County, Georgia.

10.4.15. Severability

If any article, section, subsection, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this ordinance.

10.5.1. General Provisions

This Sec. 10.5 shall be known as "Post-Construction Stormwater Management for New Development and Redevelopment."

10.5.2. Purpose and Intent

The purpose of this section 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-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. Proper management of post-construction 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. Additionally, Hall County is required to comply with several state and federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff.

10.5.3. Definitions

For this section, the terms below shall have the following meanings:

Administrator. The person appointed to administer and implement this section on post-construction stormwater management for new development and redevelopment in accordance with Sec. 10.5.5.

Applicant. A person submitting a land development application for approval.

BMP, or best management practice. Both structural devices to store or treat stormwater runoff and nonstructural programs or practices which are designed to prevent or reduce the pollution of the waters of the state.

BMP landscaping plan. A design for vegetation and landscaping that is critical to the performance and function of the BMP including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific).

Channel. A natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.

Detention. The temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge.

Detention facility. A structure designed for the storage and gradual release of stormwater runoff at controlled rates.

Development. New development or redevelopment.

Extended detention. The storage of stormwater runoff for an extended period of time.

Extreme flood protection. Measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

Flooding. A volume of surface water that exceeds the banks or walls of a BMP, or channel; and overflows onto adjacent lands.

GSMM. The latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical Handbook, and its Appendices.

Hotspot. A land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use.

Impervious surface. A surface composed of any material that significantly impedes or prevents the natural infiltration of water into the soil. Gravel parking areas, pavement, and buildings are examples of impervious surfaces, but most retaining walls would not be considered impervious surface due to the nature of their minimal surface area.

Industrial stormwater general permit. The National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies based on standard industrial classification (SIC) code.

Infiltration. The process of percolating stormwater runoff into the subsoil.

Inspection and maintenance agreement. A written agreement providing for the long-term inspection, operation, and maintenance of the stormwater management system and its components on a site.

Land development application. The application for a land development permit on a form provided by the county along with the supporting documentation required in Sec. 10.5.11.

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

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

Linear feasibility program. A feasibility program developed by the county and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when implementation of stormwater management standards for linear transportation projects being constructed by the county is infeasible.

Linear transportation projects. Construction projects on traveled ways including, but not limited to roads, sidewalks, multi-use paths and trails, and airport runways and taxiways.

MS4 permit. The NPDES permit issued by Georgia Environmental Protection Division for discharges from the county's municipal separate storm sewer system.

New development. Land disturbing activities, structural development (construction, installation of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site.

Nonpoint source pollution. A form of water pollution that does not originate from a discrete point such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Overbank flood protection. Measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e., flow events that exceed the capacity of the channel and enter the floodplain).

Owner. The legal or beneficial owner of a site, including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

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

Post-construction stormwater management. Stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan.

Post-development. The conditions anticipated to exist on site immediately after completion of the proposed development.

Practicability policy. The latest edition of the Metropolitan North Georgia Water Planning District's policy on practicability analysis for runoff reduction.

Pre-development. The conditions that exist on a site immediately before the implementation of the proposed development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time before the first item being approved or permitted shall establish pre-development conditions.

Pre-development hydrology. For new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development. For redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property.

Previously developed site. A site that has been altered by paving, construction, and/or land disturbing activity.

Redevelopment. Structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling.

Routine maintenance. Activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Runoff. Stormwater runoff.

Site. An area of land where development is planned, which may include all or portions of one or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit.

Stormwater concept plan. An initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design.

Stormwater management facility. Any infrastructure that controls or conveys stormwater runoff.

Stormwater management plan. A plan for post-construction stormwater management at the site that meets the requirements of 8.180.180 D. and is included as part of the land development application.

Stormwater management standards. Those standards set forth in 8.180.170.

Stormwater management system. The entire set of nonstructural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.

Stormwater runoff. Flow on the surface of the ground, resulting from precipitation.

Subdivision. The division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Other terms used but not defined in this section shall be interpreted based on how such terms are defined and used in the GSMM and Hall County MS4 permit.

10.5.4. Adoption and Implementation of the GSMM; Conflicts and Inconsistencies

A.

In implementing this section, the county shall use and require compliance with all relevant design standards, calculations, formulas, methods, and other guidance from the GSMM as well as all related appendices.

B.

This section is not intended to modify or repeal any other chapter, ordinance, rule, regulation or other provision of law, including, but not limited to any applicable stream buffers under state and local laws, and the Georgia Safe Dams Act and Rules for Dam Safety. In the event of any conflict or inconsistency between any provision in the county's MS4 permit and this section, the provision from the MS4 permit shall control. In the event of any conflict or inconsistency between any provision of this section and the GSMM, the provision from this section shall control. In the event of any other conflict or inconsistency between any provision of this section and any other ordinance, rule, regulation or other provision of law, the provision that is more restrictive or imposes higher protective standards for human health or the environment shall control.

C.

If any provision of this section is invalidated by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this section.

10.5.5. Designation of Administrator

The Hall County Engineer and their designees are hereby appointed to administer and implement the provisions of this section.

10.5.6. Applicability Criteria for Stormwater Management Standards

This Sec. 10.5 applies to the following activities:

A.

New development that creates or adds 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of one acre of land or greater;

B.

Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of one acre or more;

C.

New development and redevelopment if;

1.

Such new development or redevelopment is part of a subdivision or other common plan of development; and

2.

The sum of all associated impervious surface area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceeds the threshold in A. and B. above;

D.

Any commercial or industrial new development or redevelopment, regardless of size, that is a hotspot land use as defined in this section; and

E.

Linear transportation projects that exceed the threshold in A. or B. above.

10.5.7. Exemptions from Stormwater Management Standards

This Sec. 10.5 does not apply to the following activities:

A.

Land disturbing activity conducted by local, state, authority, or federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs;

B.

Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement;

C.

Land disturbing activity conducted by local, state, authority, or federal agencies, whose sole purpose is to implement stormwater management or environmental restoration;

D.

Repairs to any stormwater management system deemed necessary by the administrator;

E.

Agricultural practices as described O.C.G.A. § 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in Sec. 10.5.6.A. or 10.5.6.B.;

F.

Silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in Sec. 10.5.6.A. or 10.5.6.B.;

G.

Installations or modifications to existing structures solely to implement Americans with Disabilities Act (ADA) requirements, including, but not limited to elevator shafts, handicapped access ramps and parking, and enlarged entrances or exits; and

H.

Linear transportation projects being constructed by the county to the extent the administrator determines that the stormwater management standards may be infeasible to apply, all or in part, for any portion of the linear transportation project. For this exemption to apply, an infeasibility report that is compliant with the county linear feasibility program shall first be submitted to the administrator that contains adequate documentation to support the evaluation for the applicable portion(s) and any resulting infeasibility determination, if any, by the administrator.

I.

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

J.

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

K.

Residential subdivisions of six lots or less with all lots accessing existing Hall County, Georgia roads.

10.5.8. Stormwater Management Standards

Subject to the applicability criteria in Sec. 10.5.6 and exemptions in Sec. 10.5.7, the following stormwater management standards apply. Additional details for each standard can be found in the GSMM Section 2.2.2.2:

A.

Design of stormwater management system. The design of the stormwater management system shall be in accordance with the applicable sections of the GSMM as directed by the administrator. Any design which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

B.

Natural resources inventory. Site reconnaissance and surveying techniques shall be used to complete a thorough assessment of existing natural resources, both terrestrial and aquatic, found on the site. Resources to be identified, mapped, and shown on the stormwater management plan, shall include, at a minimum (as applicable):

1.

Topography (minimum of two-foot contours) and steep slopes (i.e., areas with slopes greater than 15 percent),

2.

Natural drainage divides and patterns,

3.

Natural drainage features (e.g., swales, basins, depressional areas),

4.

Natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers, drinking water wellhead protection areas and river corridors,

5.

Predominant soils (including erodible soils and karst areas), and

6.

Existing predominant vegetation including trees, high quality habitat and other existing vegetation.

C.

Better site design practices for stormwater management. Stormwater management plans shall preserve the natural drainage and natural treatment systems and reduce the generation of additional stormwater runoff and pollutants to the maximum extent practicable. Additional details can be found in the GSMM Section 2.3.

D.

Stormwater runoff quality/reduction. Stormwater runoff quality/reduction shall be provided by using the following:

1.

For development with a stormwater management plan submitted before December 1, 2020, the applicant may choose either a. runoff reduction or b. water quality [below].

2.

For development with a stormwater management plan submitted on or after December 1, 2020, the applicant shall choose (a) runoff reduction and additional water quality shall not be required. To the extent a. runoff reduction has been determined to be infeasible for all or a portion of the site using the practicability policy, then b. water quality shall apply for the remaining runoff from a 1.2 inch rainfall event and must be treated to remove at least 80 percent of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM.

a.

Runoff reduction—The stormwater management system shall be designed to retain the first one inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable.

b.

Water quality—The stormwater management system shall be designed to remove at least 80 percent of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM for runoff from a 1.2 inch rainfall event.

3.

If a site is determined to be a hotspot as detailed in Sec. 10.5.6, the county may require the use of specific or additional components for the stormwater management system to address pollutants of concern generated by that site.

E.

Stream channel protection. Stream channel protection shall be provided by using all of the following three approaches:

1.

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

2.

Erosion prevention measures, such as energy dissipation and velocity control; and

3.

Preservation of any applicable stream buffer.

F.

Overbank flood protection. Downstream overbank flood protection shall be provided by controlling the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour storm event. If control of the one-year, 24-hour storm is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided.

G.

Extreme flood protection. Extreme flood protection shall be provided by controlling the 100-year, 24-hour storm event such that flooding is not exacerbated.

H.

Downstream analysis. Due to peak flow timing and runoff volume effects, some structural components of the stormwater management system fail to reduce discharge peaks to pre-development levels downstream from the site. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises ten percent of the total drainage area in accordance with Section 3.1.9 of the GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system.

I.

Stormwater management system inspection and maintenance. The components of the stormwater management system that will not be dedicated to and accepted by the county, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, shall have an inspection and maintenance agreement to ensure that they continue to function as designed. All new development and redevelopment sites are to prepare a comprehensive inspection and maintenance agreement for the on-site stormwater management system. This plan shall be written in accordance with the requirements in Sec. 10.5.19.

J.

Stormwater management system drainage and access easements. Drainage and access easement(s) will be in favor of Hall County, Georgia to allow Hall County, Georgia to inspect and maintain (on publicly maintained systems) the system, as necessary. No obstruction shall be built, constructed, or planted that would inhibit proper function of the system, associated drainage systems, or the easement(s).

1.

Stormwater management system easements, residential. The developer shall execute 20-foot easements in favor of Hall County, Georgia to include the following:

a.

An easement encompassing the entire perimeter of any stormwater management facilities that shall be measured from the 100-year stormwater ponding limits or six inches above the elevation of the overflow. Easement shall encompass entirety of the stormwater management system as well. The entire dam structure shall be included as well, and easement should extend 20 feet beyond the dam toe of slope.

b.

A 20-foot drainage easement measured ten feet in both directions from the appropriate centerline of all associated piping, channels, ditches, streams or other areas that are designed for stormwater to flow to and from the stormwater management facility;

c.

A 20-foot access easement connecting the facility to the nearest public road;

d.

Access easements can be combined with drainage easements where a pipe exists with a width of 30 feet provided easement is off center with the pipe such that there is 20 feet clear on one side for access.

e.

No portion of the easement(s) to and from the Hall County, Georgia road and around the perimeter of the facility will be steeper than a grade of 3:1. The access easement must be clearly staked at the time of final platting.

2.

Stormwater management system easements, nonresidential. The property owner shall execute a 20-foot drainage easement surrounding the entire perimeter of the facility in favor of Hall County, Georgia to allow Hall County, Georgia to inspect and observe the facility, as necessary. The easement boundary shall be measured from the 100-year stormwater ponding limit or six inches above the elevation of the overflow. The entire dam structure shall be included as well. Easement shall encompass entirety of the stormwater management system as well. The property owner shall additionally grant permission to Hall County, Georgia, its authorized agents and employees, to enter upon the property and to inspect the facilities whenever Hall County, Georgia deems necessary. Hall County, Georgia maintains the right to make emergency repairs to the facility as deemed necessary. No obstruction shall be built, constructed or planted that would inhibit proper function of the facility, associated drainage systems, or the easement(s).

K.

Hall County specific design requirements.

1.

Fencing. Fences and warning signs will be required on all detention facilities, constructed wetlands, retention ponds or similar devices where the sides of the device adjacent to the water are steeper than a 3:1 grade and the depth of the water in the pond is greater than three feet during a 25-year storm event. Fences shall be five feet tall with a 14-foot-wide gate. Fences may be chain link or other approved material. The gate shall be locked with a Master Number One lock that is keyed as per the Hall County Engineer. Residential fences shall be located on the outside edge of the 20-foot perimeter easement and must allow complete access to facility and dam. Commercial fencing should be located on the outside edge of the 20-foot perimeter easement when possible but may be located elsewhere with the Hall County Engineering Department's approval.

2.

Survey marker. A concrete survey marker shall be placed in the near vicinity of the stormwater management facility. The marker shall be a minimum of five inches by five inches in width and be embedded one foot into the ground. The marker shall have a "PK" nail embedded in the top. The marker must be placed above the high water elevation of the facility and within the drainage easement area. Alternate survey markers are allowed with prior approval from the Hall County Engineer.

3.

Outlet structure and piping construction. Outlet structures and piping for residential above-ground detention facilities must be constructed of concrete to be eligible for acceptance into the Hall County, Georgia maintenance system.

4.

Residential underground stormwater management facilities. Residential underground stormwater management facilities must be constructed of materials with a service life of greater than 50 years, and must be designed to allow for proper inspection and maintenance. Residential underground facilities will not be accepted into the Hall County, Georgia maintenance system until the subdivision has reached a point of 85 percent build-out, or greater. Until such acceptance time, the underground facilities must be bonded for 100 percent of entire cost of facility.

5.

Residential stormwater management facilities with retaining walls or water. Retaining walls, micro pools, permanent pools, ground water present, holding water, or any facility which is constructed to provide 80 percent removal of Total Suspended Solids for water quality as part of stormwater management facilities will not be accepted into the county maintenance system. An appropriate private maintenance agreement for these facilities must be in place prior to final plat.

6.

Individual lot residential BMPs. Individual lot residential BMPs, including, but not limited to, downspout disconnects, individual rain gardens, or other BMPs designed to treat a single residential lot, are not eligible for acceptance into the county maintenance system. An appropriate private maintenance agreement for these facilities will need to be in place prior to final plat.

7.

Stormwater management facility dams. Dams for stormwater management facilities need to be at least 20 feet from the nearest property line as measured from the toe of slope for an earthen dam or edge of footer for a concrete structure.

8.

Proprietary devices. Proprietary devices or facilities may be allowed with proper third party testing data that follows the testing protocol as set forth by the Metropolitan North Georgia Water Planning District. Such devices or facilities are not eligible for acceptance into the county maintenance system. An appropriate private maintenance agreement for such devices or facilities must be in place prior to final plat.

10.5.9. Pre-Submittal Meeting, Stormwater Concept Plan, and Stormwater Management Plan Requirements

A.

Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the county. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM Section 2.4.2.4) or the stormwater concept plan (GSMM Section 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the county when applying for a determination of infeasibility through the practicability policy.

B.

The stormwater concept plan shall be prepared using the minimum following steps:

1.

Develop the site layout using better site design techniques, as applicable (GSMM Section 2.3).

2.

Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater runoff quality/reduction, channel protection, overbank flooding protection and extreme flood protection (GSMM Section 2.2).

3.

Perform screening and preliminary selection of appropriate best management practices and identification of potential siting locations (GSMM Section 4.1).

C.

The stormwater concept plan shall contain:

1.

Common address and legal description of the site,

2.

Vicinity map, and

3.

Existing conditions and proposed site layout mapping and plans (recommended scale of one inch equals 50 feet), which illustrate at a minimum:

a.

Existing and proposed topography (minimum of two-foot contours),

b.

Perennial and intermittent streams,

c.

Mapping of predominant soils from USDA soil surveys,

d.

Boundaries of existing predominant vegetation and proposed limits of clearing and grading,

e.

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.),

f.

Location of existing and proposed roads, buildings, parking areas and other impervious surfaces,

g.

Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements,

h.

Preliminary estimates of unified stormwater sizing criteria requirements,

i.

Preliminary selection and location, size, and limits of disturbance of proposed BMPs,

j.

Location of existing and proposed conveyance systems such as grass channels, swales, and storm drains,

k.

Flow paths,

l.

Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the floodway (as applicable) and relationship of site to upstream and downstream properties and drainage, and

m.

Preliminary location and dimensions of proposed channel modifications, such as bridge or culvert crossings.

D.

The stormwater management plan shall contain the items listed in this part and be prepared under the direct supervisory control of either a registered professional engineer or a registered Landscape Architect licensed in the State of Georgia. Items 3, 4, 5, and 6 below shall be sealed and signed by a registered professional engineer licensed in the State of Georgia. The overall site plan must be stamped by a design professional licensed in the State of Georgia for such purpose. (GSMM Section 2.4.2.7)

1.

Natural resources inventory.

2.

Stormwater concept plan.

3.

Existing conditions hydrologic analysis.

4.

Post-development hydrologic analysis.

5.

Stormwater management system.

6.

Downstream analysis.

7.

Erosion and sedimentation control plan.

8.

BMP landscaping plan.

9.

Inspection and maintenance agreement.

10.

Evidence of acquisition of applicable local and nonlocal permits.

11.

Determination of infeasibility (if applicable).

12.

Conservation area easement (if applicable).

E.

For redevelopment and to the extent existing stormwater management structures are being used to meet stormwater management standards the following must also be included in the stormwater management plan for existing stormwater management structures.

1.

As-built drawings.

2.

Hydrology reports.

3.

Current inspection of existing stormwater management structures with deficiencies noted.

4.

BMP landscaping plans.

10.5.10. Application Fee

The fee for review of any land development application shall be based on the fee structure established by Hall County, and payment shall be made before the issuance of any land disturbance permit or building permit for the development.

10.5.11. Application Procedures

Land development applications are handled as part of the process to obtain the land disturbance permit pursuant to Sec. 10.1 or building permit pursuant to chapter 17.360, as applicable. Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:

A.

File a land development application with Hall County on the county's form of application with the following supporting materials:

1.

The stormwater management plan prepared in accordance with 8.180.180 D,

2.

A certification that the development will be performed in accordance with the stormwater management plan once approved,

3.

A preliminary determination of infeasibility, as applicable, prepared in accordance with the practicability policy, and

4.

An acknowledgement that applicant has reviewed the county's form of inspection and maintenance agreement and that applicant agrees to sign and record such inspection and maintenance agreement before the final inspection.

B.

The administrator shall inform the applicant whether the application and supporting materials are approved or disapproved.

C.

If the application or supporting materials are disapproved, the administrator 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 for the administrator to again consider and either approve or disapprove.

D.

If the application and supporting materials are approved, the county may issue the associated land disturbance permit or building permit, provided all other legal requirements for the issuance of such permits have been met. The stormwater management plan included in such applications becomes the approved stormwater management plan.

10.5.12. Compliance with the Approved Stormwater Management Plan

All development shall be:

A.

Consistent with the approved stormwater management plan and all applicable land disturbance and building permits, and

B.

Conducted only within the area specified in the approved stormwater management plan.

No changes may be made to an approved stormwater management plan without review and advanced written approval by the administrator.

10.5.13. Inspections to Ensure Plan Compliance During Construction

Periodic inspections of the stormwater management system during construction shall be conducted by the staff of the county or conducted and certified by a professional engineer who has been approved by the county. Inspections shall use the approved stormwater management plan for establishing compliance. All inspections shall be documented with written reports that contain the following information:

A.

The date and location of the inspection;

B.

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

C.

Variations from the approved stormwater management plan; and

D.

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

10.5.14. Final Inspection; As-Built Drawings; Delivery of Inspection and Maintenance Agreement

Upon completion of the development, the applicant is responsible for:

A.

Certifying that the stormwater management system is functioning properly and was constructed in conformance with the approved stormwater management plan and associated hydrologic analysis,

B.

Submitting as-built drawings showing the final design specifications for all components of the stormwater management system as certified by a professional engineer,

C.

Certifying that the landscaping is established and installed in conformance with the BMP landscaping plan, and

D.

Delivering to the county a signed inspection and maintenance agreement that has been recorded by the owner in the property record for all parcels that make up the site.

The required certification under part A shall include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the county with the request for a final inspection. Hall County shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.

10.5.15. Special Tax District for Public Residential Stormwater Management Facilities

A.

Ratification of existing district. The governing authority of Hall County, Georgia, does hereby ratify its action creating a special taxing district for inspection, maintenance, and repair of residential stormwater management facilities in unincorporated Hall County, Georgia and incorporated areas of Hall County, Georgia in which the County is the issuing authority, as shown by the records in the office of the Hall County Engineer to which reference is hereby made for a full and complete description of the district hereinbefore created. All subdivisions permitted on or after the effective date of this section shall be added to the special taxing district.

B.

Responsibility for costs. The cost of construction (if applicable), inspection, maintenance, and repair of residential stormwater management facilities in the existing taxing district, and in the areas hereinafter added to the taxing district, shall be borne by the residents, lot owners, and property owners whose lot or property lies in the boundary of a subdivision served by a stormwater management facility.

C.

Fee. The charge assessed to each property owner in the district for inspecting, maintaining, and repairing the facility shall be as established in Appendix "I" Hall County Plan Review and Inspection Fee Schedule. From time to time, upon the recommendation of the Director of Public Works and Utilities of Hall County, Georgia, and approval of the Board of Commissioners of Hall County, Georgia, the below Appendix "I" may be revised as deemed necessary.

D.

Petition for addition to the special taxing district for stormwater management facility inspection, maintenance, and repair in subdivisions. Any lot owner being served by a stormwater management facility in Hall County, Georgia may present a request to be added to the special taxing district to the Hall County Engineer. Upon receipt of the request, the Hall County Engineer shall determine the appropriate boundaries for addition to the special taxing district for stormwater management facilities that will serve the lot owner presenting the request and neighboring lot owners. The boundary shall consist of the subdivision that is served by the stormwater management facility and adjoining land owners served by the facility that agree to be included in the special tax district. The Hall County Engineer shall then prepare a plat showing this area for addition to the special taxing district for stormwater management facilities, and a petition for the addition to the special taxing district for stormwater management facilities shall then be circulated among the lot owners in the proposed district. The completed petition must be returned to the Hall County Engineering Department, and application fees must be paid at that time. If 51 percent of the lot owners in the proposed district sign the petition in affirmation for the addition to the special taxing district for existing stormwater management facilities, the petition shall be presented to the Board of Commissioners of Hall County, Georgia. The board of commissioners shall conduct two public hearings for the purpose of determining whether or not to add the proposed area to the special district for stormwater management facilities. The public hearings shall be advertised one time in the official organ of Hall County, Georgia, giving notice of the hearings, at least 15 days before the public hearings. The Hall County Engineer will verify the signatures on the petition prior to advertising the public hearings.

E.

Payment date, delinquencies. The due date for the payment of drainage district assessment charges herein provided for shall be the same date of each year as tax bills are due to the Hall County Tax Commissioner. Failure to pay shall subject the responsible party to the same liens and penalties provided for failure to pay other real estate taxes and will result in the delinquency of the entire account and not be deemed paid until all real estate taxes are paid in full.

F.

Responsibilities of revenue collections department. The billing, accounting, collecting, and receiving of the moneys herein provided for are hereby declared the responsibility of the Finance and Tax Commissioner's Departments of Hall County, Georgia.

10.5.16. Special Tax District for Nonresidential and Private Residential Stormwater Management Facilities

A.

Ratification of existing district. The governing authority of Hall County, Georgia, does hereby ratify its action creating a special taxing district for the inspection and emergency repairs of nonresidential stormwater management facilities in unincorporated areas of Hall County, Georgia, and incorporated areas in which Hall County is the soil erosion issuing authority, as shown by the records in the office of the Hall County Engineer to which reference is hereby made for a full and complete description of the district hereinbefore created. All nonresidential projects and private subdivisions permitted on or after the effective date of this section shall be added to the special taxing district.

B.

Responsibility for costs. The cost of inspection and emergency repairs completed by Hall County of nonresidential and private residential stormwater management facilities in the existing taxing district, and in the areas hereinafter added to the taxing district, shall be borne by the property owners whose lot or property lies in the boundary of said district served by a stormwater management facility.

C.

Fees. The charge assessed to each property owner in the district for inspecting the facility shall be as established in Appendix "I" Hall County Plan Review and Inspection Fee Schedule. Additional costs will be assessed for any necessary emergency repairs performed by Hall County Georgia on the facility. In addition, from time to time, upon the recommendation of the Director of Public Works and Utilities of Hall County, Georgia, and approval of the board of commissioners of Hall County, Georgia, the below Appendix "I" may be revised as deemed necessary.

D.

Payment date, delinquencies. The due date for the payment of drainage district assessment charges herein provided for shall be the same date of each year as tax bills are due to the Hall County Tax Commissioner. Failure to pay shall subject the responsible party to the same liens and penalties provided for failure to pay other real estate taxes and will result in the delinquency of the entire account and not be deemed paid until all real estate taxes are paid in full.

E.

Responsibilities of revenue collections department. The billing, accounting, collecting, and receiving of the moneys herein provided for is hereby declared the responsibility of the Finance and Tax Commissioner's Departments of Hall County, Georgia.

10.5.17. Violations and Enforcement

Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to Sec. 10.1 or the underlying building permit pursuant to Sec. 11.2. To address a violation of this section, the county shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits.

10.5.18. Maintenance by Owner of Stormwater Management Systems Predating Current GSMM

For any stormwater management systems approved and built based on requirements predating the current GSMM and that is not otherwise subject to an inspection and maintenance agreement, such stormwater management systems shall be maintained by the owner so that the stormwater management systems perform as they were originally designed.

10.5.19. Inspection and Maintenance Agreements

A.

The owner shall execute an inspection and maintenance agreement with the county obligating the owner to inspect, clean, maintain, and repair the stormwater management system; including vegetation in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the form provided by the county. After the inspection and maintenance agreement has been signed by the owner and the county, the owner shall promptly record such agreement at the owner's cost in the property record for all parcels that make up the site.

B.

The inspection and maintenance agreement shall identify by name or official title the person(s) serving as the point of contact for carrying out the owner's obligations under the inspection and maintenance agreement. The owner shall update the point of contact from time to time as needed and upon request by the county. Upon any sale or transfer of the site, the new owner shall notify the county in writing within 30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following 30 days' notice, constitute a failure to maintain the stormwater management system.

C.

The inspection and maintenance agreement shall run with the land and bind all future successors-in-title of the site. If there is a future sale or transfer of only a portion of the site, then:

1.

The parties to such sale or transfer may enter into and record an assignment agreement designating the owner responsible for each portion of the site and associated obligations under the inspection and maintenance agreement. The parties shall record and provide written notice and a copy of such assignment agreement to the county.

2.

In the absence of a recorded assignment agreement, all owners of the site shall be jointly and severally liable for all obligations under the inspection and maintenance agreement regardless of what portion of the site they own.

10.5.20. Right of Entry for Maintenance Inspections

The terms of the inspection and maintenance agreement shall provide for the county's right of entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the county shall have the right to enter and make inspections pursuant to the county's general provisions for property maintenance inspections.

10.5.21. Owner's Failure to Maintain the Stormwater Management System

The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to maintain a stormwater management system and the enforcement options available to the county. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then:

A.

An owner's failure to maintain the stormwater management system so that it performs as it was originally designed shall constitute and be addressed as a violation of, or failure to comply with, owner's property maintenance obligations pursuant to the county's general provisions for property maintenance inspections and

B.

To address such a failure to maintain the stormwater management system, the county shall have all the powers and remedies that are available to it for other violations of an owner's property maintenance obligations, including without limitation prosecution, penalties, abatement, and emergency measures.