This article contains the requirements that apply to carrying out the land development process, including site grading and land disturbance activities; addressing flood hazard areas; the installation of streets, drainage facilities and public utilities; and building construction.

(Ord. of 5-10-96)

The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated:

Best management practices (BMPs): These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land disturbing activity was permitted.

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 Conversation Commission.

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

CPESC: Certified professional in erosion and sediment control with current certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, 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 the excavated surface. Also known as excavation.

Department: The Georgia Department of Natural Resources (DNR).

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 Certified Professional in Erosion and Sediment Control, Inc.

Director: The director of the environmental protection division or an authorized representative.

District: The Ocmulgee (Region 5) Soil and Water Conservation District.

Division: The Environmental Protection Division (EPD) 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 required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum, protections at least as stringent as the state general permit, best management practices, and requirements in section 5.2.3.C. of this ordinance.

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, one hundred (100) percent of the soil surface is uniformly covered in permanent vegetation with a density of seventy (70) percent or greater, or equivalent permanent stabilization measures (such as the use of riprap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation, appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

Finished grade: The final elevation and contour of the ground after cutting 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 shall include the land in its cut or filled condition.

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

Land disturbing activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section 5.2.2.

Larger common plan of development or sale: A contiguous area where multiple separate and distinct construction activities are occurring under one (1) plan of development or sale. For the 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).

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

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 divided 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 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 this ordinance.

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 the State of Georgia, any interstate body or any other legal entity.

Phase or phased: Subparts or segments of construction projects where the subpart or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project: The entire proposed development project regardless of the size of the area of land 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 commission up until the date of NOI submittal.

Roadway drainage structure: A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled roadway consisting of one (1) 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 process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Soil and water conservation district approved plan: An erosion, sedimentation and pollution control plan approved in writing by the Ocmulgee (Region 5) Soil and Water Conservation District.

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

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

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 Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Structural erosion, sedimentation and pollution control practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices 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 Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

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

a.

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

b.

Temporary seeding, producing short-term vegetative cover; or

c.

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

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

Watercourse: Any natural or artificial watercourse, 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.

(Ord. No. 2010-2, 5-3-10)

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

(1)

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

(5)

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

(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 (15) and (16) of section 5.2.3.C. of this ordinance, no other land disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) 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 project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within two hundred (200) feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land disturbing activity, and which is within two hundred (200) feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the 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 section;

(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 the Department of Transportation or the State Road and Tollway Authority which disturb one (1) or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority. The local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

(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 shall enforce compliance with the minimum requirements set forth in O.C.G. A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and

(11)

Any public water system reservoir.

(Ord. No. 2010-2, 5-3-10)

a.

General provisions. Excessive soil erosion and resulting sedimentation can take place during land disturbing activities if requirements of the ordinance and the NPDES general permit are not met. Therefore, plans for those land disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of subsections 5.2.3.b. and c. of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land disturbing activity in accordance with requirements of this ordinance and the NPDES general permit.

b.

Minimum requirements/BMP's.

(1)

Best management practices as set forth in subsection 5.2.3.b. and c., of this ordinance shall be required for all land disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to O.C.G.A. 12-5-30(f), the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. 12-7-6(b).

(2)

A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to O.C.G.A. 12-5-30(f), the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres.

(3)

Failure to properly design, install, or maintain best management practices shall 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 O.C.G.A. 12-5-30(f), the "Georgia Water Quality Control Act", 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 LIA may set more stringent buffer requirements than stated in [subsection] c.(15) and (16), in light of O.C.G.A. 12-7-6(c).

c.

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

(1)

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

(2)

Cut-fill operations must be kept to a minimum;

(3)

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

(4)

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

(5)

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

(6)

Disturbed soil shall be stabilized as quickly as practicable;

(7)

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

(8)

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

(9)

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

(10)

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

(11)

Cuts and fills may not endanger adjoining property;

(12)

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

(13)

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

(14)

Land disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in subsection 5.2.3.b.2. of this ordinance;

(15)

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

(a)

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

(b)

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

(i)

Stream crossings for water lines; or

(ii)

Stream crossings for sewer lines; and

(16)

There is established a fifty-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as trout streams pursuant to Article 2 of Chapter 5, of Title 12, the "Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of twenty-five (25) gallons per minute or less shall have a twenty-five-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, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The 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; and

(b)

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

(i)

Stream crossings for water lines; or

(ii)

Stream crossings for sewer lines.

d.

Nothing contained in O.C.G.A. 12-7-1 et seq. 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 subsections 5.2.3.b. and c. of this ordinance.

e.

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 ordinance or the terms of the permit.

(Ord. No. 2010-2, 5-3-10)

a.

General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The local issuing authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the owner and/or operator are the only parties who may obtain a permit.

b.

Application requirements.

(1)

No person shall conduct any land disturbing activity within the jurisdictional boundaries of the City of Hawkinsville without first obtaining a permit from the local issuing authority (Joint Pulaski-Hawkinsviile Building Department) to perform such activity and providing a copy of notice of intent submitted to EPD if applicable.

(2)

The application for a permit shall be submitted to the Joint Pulaski-Hawkinsviile Building Department and must include the applicant's erosion, sedimentation, and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in subsection 5.2.4.c., of this ordinance. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of subsection 5.2.3.b. and c., of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by two (2) copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.

(3)

A fee in the amount of twenty dollars ($20.00) shall be charged for each application. In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($80.00) per acre of land disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. 12-7-8(a), half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

(4)

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 thirty-five (35) days of receipt. Failure of the district to act within thirty-five (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 subsections 5.2.3.c.(15) and (16) has been obtained, all fees have been paid, and bonding, if required as per subsection 5.2.4.b.(6), 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. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within thirty-five (35) days of receipt. Failure of the local issuing authority with plan review authority to act within thirty-five (35) days shall be considered an approval of the revised plan submittal.

(5)

If a permit applicant has had two (2) or more violations of previous permits, this ordinance section, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application.

(6)

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, three thousand dollars ($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. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations.

c.

Plan requirements.

(1)

Plans must be prepared to meet the minimum requirements as contained in subsections 5.2.3.b. and c. of this ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his 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.

(2)

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

d.

Permits.

(1)

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

(2)

No permit shall be issued by the 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 ordinance, any variances required by subsections 5.2.3.c.(15) and (16) are obtained, bonding requirements, if necessary, as per subsection 5.2.4.b.(6) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

(3)

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

(4)

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

(5)

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

(6)

The LIA may reject a permit application if the applicant has had two (2) or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three (3) years prior to the date of the application, in light of O.C.G.A. 12-7-7(f)(1).

(Ord. No. 2010-2, 5-3-10)

a.

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

b.

The local issuing authority must amend its ordinances to the extent appropriate within twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.

c.

The Joint Pulaski-Hawkinsville Building Department shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, 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.

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 county's or municipality's erosion, sedimentation and pollution control program. The district or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.

f.

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

(Ord. No. 2010-2, 5-3-10)

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 ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

b.

Stop work orders.

(1)

For the first and second violations of the provisions of this ordinance, the director or the local issuing authority shall issue a written warning to the violator. The violator shall have five (5) days to correct the violation. If the violation is not corrected within five (5) days, the director or the 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 or if the land disturbing activities are conducted without obtaining the necessary permit, the director or the 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 the 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 his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the local issuing authority or by the director or his or her 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. Such stop work orders shall apply to all land disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

c.

Bond forfeiture. If, through inspection, it is determined that a person engaged in land disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of subsection 5.2.4.b.(6). 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.

Monetary penalties.

(1)

Any person who violates any provisions of this ordinance, or any permit condition or limitation established pursuant to this ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this ordinance shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) per day. For the purpose of enforcing the provisions of this ordinance, notwithstanding any provisions in any city charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this ordinance under county ordinances approved under this ordinance shall be authorized to impose penalties for such violations not to exceed two thousand five hundred dollars ($2,500.00) for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(Ord. No. 2010-2, 5-3-10)

a.

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

b.

For each site on which land disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one (1) 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 ordinance.

d.

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

(Ord. No. 2010-2, 5-3-10)

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, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Hawkinsville City Commission within ten (10) 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 the county.

(Ord. No. 2010-2, 5-3-10)

a.

Effectivity. This division shall become effective on May 3, 2010.

b.

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

c.

Liability.

(1)

Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance 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.

(2)

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

(3)

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

(Ord. No. 2010-2, 5-3-10)

a.

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

b.

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

(Ord. of 5-10-96)

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

a.

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

b.

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

c.

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

d.

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

e.

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

(Ord. of 5-10-96)

The objectives of this division are to:

a.

Protect human life and health;

b.

Minimize expenditure of public money for costly flood control projects;

c.

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

d.

Minimize prolonged business interruption;

e.

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

f.

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

g.

Insure that potential home buyers are notified that property is in a flood area.

(Ord. of 5-10-96)

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

Area of shallow flooding: A designated AO or VO zone on the city's flood insurance rate map (FIRM) with base flood depths from one to three (3) feet where a clearly deemed channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year.

Basement: That portion of a building having its floor subgrade (below ground level) on all sides.

Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Elevated building: A nonbasement building built to have the lowest floor elevated above the ground level by means of fill; solid foundation perimeter walls; pilings, columns, posts and piers, shear walls; or breakaway walls.

Existing construction: Any structure for which the start of construction commenced before the effective date of the original ordinance from which this chapter derives.

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

a.

Overflow of inland or tidal waters;

b.

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

Flood hazard boundary map (FHBM): An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM): An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study: The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

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

Floor: The top surface of an enclosed area in a building including basement, i.e., top of slab in concrete shall construction or top of wood flooring in wood frame construction. The term does not include the floor of garage used solely for parking vehicles.

Functionally dependent facility: A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as docking or port facility necessary for the loading an unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term "functionally dependent facility" does not include long-term storage, manufacture, sales, or service facilities.

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

Mean sea level: The average height of the sea for a stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this section, the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD).

National Geodetic Vertical Datum (NGVD): As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction: Any structure for which the start of construction commenced after the effective date of the original ordinance from which this section derives.

Start of construction: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-3-18), includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start of construction means the first placement of permanent construction of a building, including a manufactured home, on a site, such as the pouring of slabs or footings, installation of piles, 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 land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways; the excavation for a basement, footings, piers or foundations or the erection of temporary forms; or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building.

Substantial improvement: Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during the life of a building, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the building. The market value of the building should be:

a.

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

b.

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

For the purposes of this definition, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.

(Ord. of 5-10-96)

a.

Lands to which this section applies. This section shall apply to all areas of special flood hazard within the jurisdiction of the city.

(b)

Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its flood insurance study (FIS) report and flood insurance rate map (FIRM), with an effective date of August 19, 2010, with accompanying maps and other supporting data and any revision to the FIS and/or FIRM, are adopted by reference and declared a part of this ordinance.

c.

Establishment of flood area permit. A flood area permit shall be required in conformance with the provisions of this section prior to the commencement of any development activities within an area of special flood hazard.

d.

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 on rare occasions. 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 the city or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(Ord. of 5-10-96; Ord. No. 2010-1, §§ 1, 2, 5-3-10)

a.

City manager—Designated as administrator. The city manager is hereby appointed to administer and implement the provisions of this division.

b.

City manager—Duties and responsibilities. Duties of the City Manager regarding any land within an area of special flood hazard shall include, but not be limited to:

(1)

Review all flood area permits to assure that the permit requirements of this division have been vanished.

(2)

Advise permittee that additional federal or state permits may be required, and, if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit.

(3)

Notify adjacent communities and the EPD prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(4)

Assure that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished.

(5)

Verify and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved buildings, in accordance with section 6.8.3 of this ordinance.

(6)

Verify and record the actual elevation, in relation to mean sea level, to which the new or substantially improved buildings have been floodproofed, in accordance with section 6.8.3 of this ordinance.

(7)

When floodproofing is utilized for a particular building, the city manager shall obtain certification from a Professional Engineer or architect, in accordance with subsection 5.3.7.b(2).

(8)

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

(9)

When base flood elevation data or floodway data have not been provided in accordance with subsection 5.3.5.b, then the city manager shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of this division.

(10)

All records pertaining to the provisions of this division shall be maintained in the office of the city manager and shall be open for public inspection.

(Ord. of 5-10-96)

a.

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6)

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

(7)

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

(8)

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

(9)

Any alteration, repair, reconstruction or improvement to a building which is in compliance with the provisions of this division shall meet the requirements of new construction as contained in this division;

(10)

Any alteration, repair, reconstruction or improvement to a building which is not in compliance with the provisions of this division shall be undertaken only if such non-conformity is not furthered, extended, or replaced.

b.

Specific standards. In all areas of special flood hazard where base flood elevation data have been provided, the following provisions are required.

(1)

Residential construction. New construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than ten (10) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided in accordance with standards of paragraph (3), below.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building or manufactured home shall have the lowest floor, including basement, elevated no lower than ten (10) feet above the level of the base flood elevation. Buildings located in all A zones may be floodproofed in lieu of being elevated provided that all areas of the building belt v the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydro-static and hydrodynamics loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this section are satisfied. Such certification shall be provided to the official as set forth in subsection 5.3.6.b(9).

(3)

Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

(a)

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

1.

Provide a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

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

3.

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

(b)

Access to the enclosed area shall be the minimum necessary to allow for parking vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and

(c)

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

c.

Standards for streams without established base flood elevation and/or floodways. Located within the areas of special flood hazard where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply:

(1)

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

(2)

New construction or substantial improvements of buildings shall be elevated or floodproofed to elevations established in this division.

d.

Standards for subdivision proposals.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(2)

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

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(4)

Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty (50) lots or five (5) acres.

(Ord. of 5-10-96)

Construction of the stormwater system shall be initiated as part of the grading of the site. Stormwater detention facilities shall be constructed prior to the installation of any other site improvements, and may be utilized under proper design as sedimentation basins during development. Installation of all other storm drainage pipes, culverts, headwalls, and ditches, shall be coordinated with the construction of streets and other site improvements, as appropriate.

(Ord. of 5-10-96)

a.

Grading.

(1)

All streets, roads and alleys shall be graded to their full width by the developer so that pavement extensions or sidewalks, where required or if installed in the future, can be constructed on the same level plane.

(2)

Preparation of roadway: Before grading is started the entire area to be paved shall be first cleared of all stumps, roots, brush and other objectionable materials. In all areas to be graded or filled, the developer shall stockpile the topsoil later to be spread in all disturbed areas not paved.

b.

Slopes and Shoulder Improvements. The maximum slope for all fill or cut slopes shall be two (2) feet of run for each one foot of rise or fall.

(1)

The minimum width for all shoulders from back edge of the curb shall be twelve (12) feet. All shoulders shall slope one-fourth (¼) inch to the foot toward the roadway.

(2)

On streets with swale ditch drainage, the shoulders shall slope three-quarters (¾) inch to the foot away from the roadway for at least five (5) feet to the drainage channel.

(3)

When all construction is completed, all slopes and shoulders shall be cleared of all rubbish and shall have a stand of grass to prevent undue erosion, either by sprigging or seeding.

(4)

Abutting property shall be suitably sloped at the right-of-way line.

c.

Protection of Banks. Immediately after grading and filling and re-spreading of topsoil, all areas of disturbed soil shall be fertilized and seeded (or in steep areas sodded or otherwise appropriately treated) with suitable vegetative cover to retard erosion.

d.

Installation of Utilities.

(1)

After grading is completed and approved, to curb lines or edge of pavement lines, as applicable, shall be staked by the development Registered Land Surveyor. Before any bank is applied, all of the underground utilities—water mains, sewer mains, gas mains, or any other underground utilities and all service connections related thereto—shall be installed completely as provided throughout the length of the street and across the flat section. Service connections for sanitary sewer and water shall be extended to the right-of-way lines. The installation of all utilities shall be done by the city or by the city's contractor.

(2)

No private improvements, such as private lawn sprinkler systems, yard lighting, and the like, shall be installed within a public right-of-way except by authorization of the Public Works Director. Such authorization, if issued, shall require the owner to assume all repair costs of the owner's facilities should they be damaged during the course of installation, maintenance, or repair work by the city.

e.

Preparation of subgrade. Prior to placement of the street base, the subgrade shall be compacted to ninety-five (95) percent density.

f.

Street base, curbing and paving. Street base, curbing and paving shall be installed by the developer in accordance with the requirements and standards of this ordinance.

(Ord. of 5-10-96)

It is the responsibility of the developer to insure that all required tests are made and reported to the city. The cost of all testing and quality control shall be performed at the expense of the developer by qualified testing laboratories.

(Ord. of 5-10-96)

a.

Street signs, traffic control signs, and devices such as striping and signalization, shall be provided through payment of fees to the City Engineer for the installation thereof. Traffic control devices may also be installed by the developer after receiving written approval from the Public Works Director.

b.

The installation of all street lighting fixtures within the city right-of-way must be approved by the Public Works Director prior to such installation.

(Ord. of 5-10-96)

a.

Building permits for all structures or interior finishes are issued after meeting the applicable requirements of the fire prevention and life safety code and the various health and building codes.

b.

For any structure served by an on-site sewage disposal system, a permit issued by the Pulaski County Health Department shall be required prior to issuance of a Building permit. Said permit may first require approval by the Pulaski County Health Department of a plan showing the location of the sewage disposal system and other on-site improvements, in accordance with their regulations.

c.

Building permits shall only be issued on lots of record, as defined in this ordinance.

(Ord. of 5-10-96)

a.

It shall be unlawful to use or occupy or permit the use or occupancy of any building, or structure, or premises, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure, until a certificate of occupancy shall have been issued stating that the building or structure or premises conforms to the requirements of this ordinance.

b.

A temporary certificate of occupancy may be issued for a period not to exceed 6 months during alterations or partial occupancy of a building or structure pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

c.

A certificate of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building or structure constructed or enlarged.

(2)

Change in use of existing buildings to uses of a different classification.

(3)

Any change in use of a nonconforming use.

d.

A certificate of occupancy may be applied for either coincidentally with a development permit or at any time thereafter; provided, however, that no such occupancy, use or change of use shall take place until a certificate of occupancy shall have been issued by the Building Inspector.

e.

A record of all certificates of occupancy shall be maintained by the Building Inspector and a copy shall be furnished upon request to any person.

(Ord. of 5-10-96)

(a)

This division shall be known as the "Groundwater Protection Ordinance."

(b)

Background. Variable levels of recharge area protection can be based upon the State's hydrogeology (e.g., areas such as the Dougherty Plain where a major aquifer crops out would receive a relatively high degree of protection whereas other areas, such as the shale hills of northwest Georgia, would receive a lower degree of protection). Recharge area protection within the significant recharge areas would be further refined, based upon the local susceptibility or vulnerability to human induced pollution (e.g., high, medium, or low). The significant recharge areas have already been identified and mapped (about 22-23% of the State). Pollution susceptibility mapping is ongoing. Existing statutes are adequate for protecting the remaining recharge areas (about 77-78% of the State).

(c)

Objectives. The objectives of this division are:

(1)

Protect groundwater quality by restricting land uses that generate, use or store dangerous pollutants in recharge areas;

(2)

Protect groundwater quality by limiting density of development; and

(3)

Protect groundwater quality by ensuring that any development that occurs within the recharge area shall have no adverse effect on groundwater quality.

(Ord. No. 99-2, § 1, 3-22-99)

A Groundwater Recharge Area District is hereby established which shall correspond to all lands within the jurisdiction of the City of Hawkinsville, Georgia that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition.

(Ord. No. 99-2, § 2, 3-22-99)

Each recharge area shall be determined to have a pollution susceptibility of high, medium or low based on the Georgia Pollution Susceptibility Map prepared by the Georgia Department of Natural Resources.

(Ord. No. 99-2, § 3, 3-22-99)

When used in this division, the following words and phrases shall have the meaning given in this section:

"Aquifer" means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well. (Note: This is the same definition used in the Groundwater Use Act).

"Drastic" means the standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U. S. Environmental Protection Agency document EPA-600/2-87-035. (Note: The "DRASTIC" methodology is the most widely used technique for evaluating pollution susceptibility).

"Pollution Susceptibility" means the relative vulnerability of an aquifer to being polluted from spills, discharge, leaks, impoundment's, applications of chemicals, injections and other human activities in the recharge area.

"Pollution Susceptibility Maps" means maps of relative vulnerability to pollution prepared by the Department of Natural Resources. Pollution susceptibility maps categorize the land areas of the State into areas having high, medium and low groundwater pollution potential.

"Recharge Area" means any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

"Significant Recharge Areas" means those areas mapped by the Department of Natural Resources in Hydrologic Atlas 18 (1989 edition). Mapping of recharge areas is based on outcrop area, lithology, soil type and thickness, slope, density of lithologic contracts, geologic structure, the presence of karst, and potentiometric surfaces.

(Ord. No. 99-2, § 4, 3-22-99)

The following criteria pursuant to § O.C.G.A. § 12-2-18 shall apply in significant recharge areas:

(a)

The Department of Natural Resources shall not issue any permits for new sanitary landfills not having synthetic liners and leachate collection systems.

(b)

The Department of Natural Resources shall not issue any new permits for the land disposal of hazardous wastes.

(c)

The Department of Natural Resources shall require all new facilities permitted or to be permitted to treat, store, or dispose of hazardous waste to perform such operations on an impermeable pad having a spill and leak collection systems.

(d)

New above-ground chemical or petroleum storage tanks having a minimum volume of six hundred sixty (660) gallons, shall have secondary containment for one hundred ten (110) percent of the volume of such tanks or one hundred ten (110) of the volume of the largest tank in a cluster of tanks. (Note: These figures are consistent with U.S. EPA rules for oil pollution prevention, 40 CFR 112.1). Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements.

(e)

New agricultural waste impoundment sites shall be lined if they are within:

1.

A high pollution susceptibility area;

2.

A medium pollution susceptibility area and exceed fifteen (15) acre-feet;

3.

A low pollution susceptibility area and exceed fifty (50) acre-feet.

(f)

New wastewater treatment basins shall have an impermeable liner approved by EPD.

(g)

No new stormwater infiltration basins may be constructed.

(h)

Wastewater spray irrigation systems or the land spreading of wastewater sludge shall be practiced in accordance with Department of Natural Resources criteria for slow rate land treatment. An application for a development permit for activities involving wastewater spray irrigation or land spreading of wastewater sludge must be accompanied by proof that the applicant has received a Land Application System permit from the Georgia Environmental Protection Division.

(i)

New homes served by septic tank/drain field systems shall be on lots having the following minimum size limitations as identified on Table MT-1 of the Department of Human Resources' Manual for On-Site Sewage Management Systems (hereinafter "DHR Table MT-1"):

1.

150% of the subdivision minimum lot size of DHR Table MT-I if they are within a high pollution susceptibility area; and

2.

125% of the subdivision minimum lot size of DHR Table MT-I if they are within a medium pollution susceptibility area.

3.

110% of the subdivision minimum lot size of DHR Table MT-1 if they are within a low pollution susceptibility area.

(j)

New mobile home parks served by septic tank/drain field systems shall have lots or spaces having the following size limitation as identified on Table N/IT-2 of the Department of Human Resources' Manual for On-Site Sewage Management Systems (hereinafter "DHR Table MT-2"):

1.

150% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a high pollution susceptibility area;

2.

125% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a medium pollution susceptibility area; and

3.

110% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a low pollution susceptibility area.

TABLE 1. Minimum Lot-Size Requirements.

Source: DHR Manual for On-Site Sewerage Management Systems.

DHR Table MT-1

Single Family Home Minimum Lot Size where served by On-Site Septic Tank Systems.

Source: DHR Manual for On-Site Sewerage Management Systems.

* Appendix A of Ord. No. 99-2 is not set out herein and is available for inspection in the city clerks's office.

DHR Table MT-2

Mobile Home Minimum Lot Size where served by On-Site Septic Tank Systems.

Source: DHR Manual for On-Site Sewerage Management Systems.

* Appendix A of Ord. No. 99-2 is not set out herein and is available for inspection in the city clerks's office.

(k)

If the City of Hawkinsville requires a larger lot size than that required by (i) above for homes or by (j) above for mobile homes, the larger lot size shall be used.

(l)

Local Governments' at their option may exempt from the requirements of (i) or (j) any lot of record on the date of their adoption of these lot size standards.

(m)

No construction may proceed on a building or mobile home to be served by a septic tank unless the Pulaski County Health Department first approves the proposed septic tank installation as meeting the requirements of the DHR Manual and (i), (j), (k), and (l) above.

(n)

The Middle Georgia Regional Development Center is responsible for considering, in the regional plan, the cumulative environmental effects of a significant number of septic tank systems being used in close proximity to each other. In so considering the Middle Georgia Regional Development Center shall not approve any local plans that would result in adverse environmental effects on another area. The Middle Georgia Regional Development Center may consult with the Department of Human Resources and Department of Natural Resources for technical assistance as to appropriate densities of lots served by septic tanks in significant recharge areas.

(o)

New facilities which handle hazardous materials, of types and in amounts determined by Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems, as prescribed by Department of Natural Resources.

(Ord. No. 99-2, § 5, 3-22-99)

(a)

The River Corridor Protection District is an overlay district that applies additional standards of specific areas that may lie within any State of Georgia designated protected river corridor. In each zoning district located within the boundaries of the River Corridor Protection District, both the regulations of that district and the regulations of the River Corridor Protection District apply. If required development standards are specified for the same item in both districts, the more stringent governs.

(b)

The purpose of this district is to protect certain river corridors that have been designated by the State of Georgia as Protected River Corridors because of their unique environmental importance. This district is intended to help maintain high water quality of these rivers. Other counties lying along these river corridors have adopted similar protective measures. In this manner, this State resource may be protected in a way that would not be possible by the uncoordinated action of an individual jurisdiction.

(Ord. No. 99-3, § 1, 3-22-99)

Hazardous waste means any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3. (Note: This is the same definition as used in the Georgia Hazardous Waste Management Act.)

Land disturbing activity means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single family dwelling, and the cutting of firewood for personal use.

Land uses existing prior to the promulgation of a River Corridor Protection Plan means any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of the River Corridor Protection Plan falls within one of the following categories:

1.

Is completed;

2.

Is under construction;

3.

Is fully approved by the governing authority;

4.

All materials have been submitted for approval by the governing authority; or

5.

Is zoned for such use and expenditures in excess of two thousand five hundred dollars ($2,500.00) have been made in preparation for construction in accordance with such zoning.

Local government means the governing authority of a political subdivision.

Natural vegetative buffer or buffer area means a river corridor containing the flora native to that area. The natural floras for specific areas are described in Georgia Geologic Survey Bulletin 114, The Natural Environments of Georgia. Habitats for endangered and threatened species may require human management of the river corridor in order to maintain those species.

Perennial river means a river or section of a river that flows continuously throughout the year.

Plan or comprehensive plan means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum planning standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the Department of Community Affairs in accordance with O.C.G.A. §§ 50-8-1 through 50-8-12. (Note this is the same definition as used in O.C.G.A. § 50-8-2)

Protected river means any perennial river or watercourse with an average annual flow of at least four hundred (400) cubic feet per second as determined by appropriate U.S. Geological Survey documents.

Public utility or utilities means a service or services provided by a public utility company or a private entity which provides such service or services, and all equipment and structures necessary to provide such services.

Quadrangle map means the most recently published U.S. Geological Survey 7.5 minute topographic map prepared at a scale of 1:24,000.

River bank means the rising ground, bordering a river, which serves to confine the water to the natural channel during the normal course of flow.

River corridor means all land, inclusive of islands, not regulated under the Metropolitan River Protection Act (O.C.G.A. §§ 12-5-440 through 12-5-457), or the Coastal Marshland Protection Act (O.C.G.A. §§ 12-5-280 through 12-5-293), in areas of a protected river and being within one hundred (100) feet horizontally on both sides of the river as measured from the river banks. The one hundred (100) foot buffer shall be measured horizontally from the uppermost part of the river bank, usually marked by a break in slope. Although not within the measured one hundred (100) foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by local governments in the same manner as the river corridor and shall be included within the River Corridor Protection Plan. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for local comprehensive plans. Any shift in the location of the protected river after the start of the review period will require a revision of the boundaries of the river corridor at the time of the next review by the Department of Community Affairs.

River Corridor Protection Plan means that part of the local comprehensive plan which deals with the river corridor protection requirements specified herein.

Sensitive natural areas means any area, as identified now or hereafter by the Department of Natural Resources, which contains one or more of the following:

1.

Habitat, including nesting sites, occupied by rare or endangered species;

2.

Rare or exemplary natural communities;

3.

Significant landforms, hydroforms, or geological features; or

4.

Other areas so designated by the Department of Natural Resources; and which is sensitive or vulnerable to physical or biological alteration.

Single-family dwelling means a dwelling structure that is designed for the use of one family.

(Ord. No. 99-3, § 2, 3-22-99)

The River Corridor Protection District consists of a natural vegetative buffer area extending one hundred (100) feet from the top of the riverbank on both sides of the Ocmulgee River as established by the State of Georgia. The top of the riverbank is defined as the uppermost part of the riverbank, usually marked by a break in the slope. All land that lies within this corridor is part of the River Corridor Protection District. The River Corridor Protection District is delineated on the Protected River Corridors Map, which is made a part of this Ordinance by reference, and is used to show the boundaries of the River Corridor Protection District.

(Ord. No. 99-3, § 3, 3-22-99)

(a)

Permitted Uses:

1.

Single-family dwellings, including the usual appurtenances, within the buffer area, meeting the following conditions:

a.

The dwelling shall be located on a tract of land containing at least two (2) acres. For the purposes of these standards, the size of the tract of land shall not include any area that lies within the protected river (that is, for tracts of land that include portions of a protected river, the area between the river banks can not be counted towards the two-acre minimum size). Only the part of the lot from the riverbank back from the water may be used. A lot of less than two (2) acres existing at the time of enactment of this Ordinance is grandfathered and may be used as long as other provisions of this Ordinance are met.

b.

There shall be only one such dwelling on each two-acre or larger tract of land.

c.

Complies with all other applicable zoning regulations.

d.

No septic tank drainfield may be located within the protected river corridor. (The septic tank may be located in the protected river corridor, as long as the drainfield is not.)

2.

A structure existing at the time of adoption of this Ordinance is grandfathered and may be rebuilt provided minimum square footage and setback requirements of the primary zoning district in which the structure is located are met.

3.

Construction of road crossings and utility crossings meeting the following development standards:

a.

All requirements of the Soil Erosion and Sedimentation Control Act of 1975 and of any applicable local ordinances on soil erosion and sedimentation control must be met.

4.

Timber production and harvesting meeting the following development Standards:

a.

Activity must be consistent with the best management practices established by the Georgia Forestry Commission.

b.

Activity must not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

5.

Any pre-existing industrial and commercial use located within the River Corridor Protection District meeting the following development standards:

a.

Activity does not impair the drinking quality of the river water as defined by the federal Clean Water Act as amended.

b.

Activity complies with all applicable state and federal environmental laws and regulations.

6.

Wildlife and Fisheries management activities consistent with the purposes of Section 12-2-8 (as amended) of Article 1, Chapter 2, Title 12 of the Official Code of Georgia Annotated (O.C.G.A.).

7.

Wastewater Treatment.

8.

Recreational activities consistent with either the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion, but a hard surface tennis court would not. Paths and walkways within the protected river corridor are consistent with this criterion, but parking lots are not.

9.

Natural water quality treatment or purification.

10.

Agricultural production and management meeting the following development standards:

a.

Activity complies with best management practices established by the Georgia Soil and Water Conservation Commission.

b.

Activity does not impair the drinking quality of the river water as defined by the Federal Clean Water Act as amended.

c.

Activity shall be consistent with all state and federal laws and all regulations promulgated by the Georgia Department of Agriculture.

11.

Other use permitted in a primary zoning district that ties in the River Corridor Protection District. The list of Permitted Uses given for each primary zoning district must be adhered to on land to which the River Corridor Protection District is also applied. However the list of Prohibited Uses given in the paragraph below of this Section applies to all River Corridor Protection District land, regardless in which primary zoning district it lies.

12.

Timber production and harvesting, subject to the following conditions:

a.

Activity shall be consistent with best management practices established by the Georgia Forestry Commission.

b.

Activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.

13.

Other uses permitted by the Georgia Department of Natural Resources or under Section 404 of the Clean Water Act.

(Ord. No. 99-3, § 4, 3-22-99)

A.

Prohibited Uses: The following uses are specifically prohibited within the River Corridor Protection District:

1.

Septic tank drainfields.

2.

Handling areas for receiving and storage of hazardous waste, unless located within port facilities that meet the following development standards.

a.

All federal and state laws and regulations for the handling and transport of hazardous waste are met.

b.

Operations are performed on impermeable surfaces having spill and leak protection systems as described by the Georgia Department of Natural Resources.

3.

Hazardous waste landfill.

4.

Solid waste landfill.

5.

Except as related to single-family dwellings within the Protected River Corridor, septic tanks and septic tank drainfields.

6.

Except as noted above, all construction within the buffer area.

(Ord. No. 99-3, § 5, 3-22-99)

The natural vegetative buffer shall be restored as quickly as possible following any land disturbing activity or construction within the river corridor related to the acceptable uses above.

(Ord. No. 99-3, § 6, 3-22-99)