It is essential that the quality and supply of public drinking water be reasonably protected. This article provides for the establishment of buffer zones around streams, specifies allowable impervious surface densities within watersheds, and requires the use of best management practices for land use within the water supply districts. Natural protection such as buffer areas are best able to filter rainfall and stormwater runoff prior to that water flowing into perennial streams, which lead to water supply reservoirs. Minimizing the transport of pollutants and sediments to the water supply reservoirs guarantees a healthy yield from the water supply watersheds. This protection is necessary for the enhancement of public health, safety and welfare as well as to assure that surface sources of drinking water are of high quality and reasonably free from contaminating sources in order to be treated to meet all state and federal drinking water standards.

(Ord. of 3-28-2013(1), Exh. A, § 1.0)

Except as specifically defined herein, all words used in this article have their customary dictionary definitions. For the purpose of this article, certain words or terms are hereby defined. Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is mandatory. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designated to be used or occupied."

Buffer means a natural or enhanced vegetated area with no or limited minor land disturbances, such as trails and picnic areas. Specific buffer uses may include agricultural and forestry uses as long as the uses are consistent with the criteria established by this article.

Corridor means all land within the buffer areas and other setback areas specified in sections 46-457 and 46-458 of this article.

County means Heard County.

Impervious surface means a manmade structure or surface which prevents the infiltration of stormwater into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools or patios.

Large water supply watershed means a watershed having 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Perennial stream means a stream that flows throughout the whole year as indicated on a United States Geologic Survey, ("USGS"), quadrant map.

Reservoir boundary means the edge of a water supply reservoir defined by its normal pool level.

Small water supply watershed means a watershed having less than 100 square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Utility means a public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads or other utilities identified by the county.

Water supply reservoir means a governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water system. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.

Water supply watershed means the area of land upstream of a governmentally owned public drinking water intake.

Water supply watershed protection plan means a land use plan prepared and adopted by local governments for the protection of the quality of drinking water obtained from the watershed.

(Ord. of 3-28-2013(1), Exh. A, § 2.0)

The protected water supply watershed overlays are hereby designated and shall consist of the land areas that drain to the public water supply intake or water supply reservoir. The boundaries of these overlays are defined by the ridgelines of the respective watersheds and the boundary of a radius of seven miles upstream of the respective public water supply intakes. These overlays shall be further delineated and defined on the water supply watershed protection district overlay map, ("overlay map"), of the Heard County Official Zoning Map. The overlay map shall be identified by the signature of the chairman of the board of commissioners, attested to by the clerk of the board of commissioners, together with the seal of the county and the date of the resolution that the board of commissioners recognizes the overlay map. The overlay map is also incorporated into and made a part of this article by reference.

(Ord. of 3-28-2013(1), Exh. A, § 3.0)

(a)

Existing uses. An existing use of land existing at the effective date of this article may be continued, as herein provided. A nonconforming tract, parcel or lot may build, repair and/or expand such structure without having to conform to the provisions of this article, so long as such improvements to the structure(s) use best management practices to manage stormwater runoff from said tract, parcel or lot. All septic tanks, however, that are constructed after the effective date of this article shall conform to the provisions of this article.

(b)

Abandoned uses. An abandoned nonconforming use, which has been razed, damaged, destroyed or demolished through any act, may be replaced, rebuilt or reestablished after destruction or loss. However, if said nonconforming use is not reestablished for a continuous period of one year, the same shall not be reestablished. Any future use after such abandonment shall be in conformity with the provisions of this article.

(Ord. of 3-28-2013(1), Exh. A, § 4.0)

(a)

Existing small water supply watersheds:

(1)

Centralhatchee Creek Watershed,

(2)

Hillabahatchee Creek Watershed.

(b)

Future water supply watersheds large or small:

(c)

Withdrawals. All proposed withdrawals for public water supply must be approved by the department of natural resources.

(Ord. of 3-28-2013(1), Exh. A, § 5.0)

(a)

Existing uses. Land uses existing at/or prior to the date of enactment of this article and land uses existing prior to any management agreements as specified in subsections 46-457(3) and 46-464(d) and (e).

(b)

Mining activity. Mining activity under the following conditions:

(1)

Receipt of an appropriate variance from the Heard County Board of Commissioners; and

(2)

Receipt of a permit from the Department of Natural Resources under the Surface Mining Act, as amended.

(c)

Utilities. If the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas, then utilities shall be exempt from the stream corridor buffer and setback area provisions of water supply watershed protection plans under the following conditions:

(1)

The utilities shall be located as far from the stream bank as reasonably possible.

(2)

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

(3)

The utilities shall not impair the quality of the drinking water stream.

(d)

Forestry and agricultural. Specific forestry and agricultural activities from the stream corridor buffer and setback area provisions of overlay districts under the following conditions:

(1)

The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture.

(Ord. of 3-28-2013(1), Exh. A, § 6.0)

The stream corridors of the perennial tributaries of a large water supply watershed tributary to the water supply intake shall have the following specified minimum criteria:

(1)

Corridors. The corridors of all perennial streams in a large water supply watershed tributary to a water supply reservoir within a seven-mile radius of the reservoir boundary are protected by the following criteria:

a.

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

b.

After the effective date of this article, no more than 25 percent of the land area of all tract, parcel or lot on which any structure or building is placed may be covered by impervious surface within a one-hundred-fifty-foot setback area on both sides of the stream as measured from the stream banks and the reservoir boundary.

c.

Septic tank and septic tank drain fields are prohibited within a one-hundred-fifty-foot setback area on both sides of the stream as measured from the stream banks and the reservoir boundary.

(2)

New facilities. New facilities located within seven miles radius upstream of a water supply intake or water supply reservoir, which handle hazardous materials of the types and amounts determined by the department of natural resources, shall perform their operations on impermeable surfaces having spill and leak collection systems are prescribed by the department of natural resources.

(3)

Management agreements. The water supply reservoirs in large water supply watersheds are to be managed according to any agreements required by state law.

(Ord. of 3-28-2013(1), Exh. A, § 7.0)

(a)

Stream corridor criteria.

(1)

The perennial stream corridors of a small water supply watershed within a seven-mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:

a.

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

b.

After the effective date of this article, no more than 25 percent of the land area of any tract, parcel or lot on which any structure or building is placed may be covered by impervious surface within a one-hundred-fifty-foot setback area on both sides of the stream as measured from the stream banks and the reservoir boundary.

c.

Septic tanks and septic tank drain fields are prohibited within a one-hundred-fifty-foot setback area on both sides of the stream as measured from the stream banks and reservoir boundary.

(b)

Additional criteria. The following criteria apply at all locations in a small water supply watershed:

(1)

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

(2)

New hazardous waste treatment or disposal facilities are prohibited.

(3)

The impervious surface area, including all public and private structures, utilities or facilities, of the entire water supply watershed shall be limited to 25 percent, or existing use, whichever is greater.

(4)

New facilities which handle hazardous materials of the types and amounts determined by the department of natural resources shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the department of natural resources.

(c)

Management agreements. The water supply reservoirs in small water supply watersheds are to be managed according to any agreements required by state law.

(Ord. of 3-28-2013(1), Exh. A, § 8.0)

The board of commissioners with respect to Georgia Law shall have authority to grant an application for a variance in cases where strict adherence to setback, separation or other standards will cause an applicant special difficulties that includes one or more than the following:

(1)

A landowner or applicant demonstrate a hardship relating to the land which is peculiar to that owner and not shared by other in the district;

(2)

Granting the variance should not result in a detriment to the public good or the purposes under this article; and

(3)

If requested by the board of commissioners, applicant shall set forth the inconsistent provisions, contrary regulations, and/or hardship upon the applicant in detail and present the same in writing to the board of commissioners.

(Ord. of 3-28-2013(1), Exh. A, § 9.0)

(a)

Submitting applications. All applications for variances shall first be submitted to the planning and zoning department of Heard County. When an application is received, the planning and zoning department shall set a time and place for a public hearing before the planning and zoning commission and a place for a public hearing before the board of commissioners. Notice of the hearings must be published in a newspaper of general circulation in Heard County at least 15 days before the hearing where the decision is made. Any person may appear at the hearing or have a representative attend instead.

(b)

Procedure. All applications for variances shall be referred to the planning and zoning commission. The planning and zoning commission shall prepare and conduct a public hearing on the variance application. The planning commission shall have 45 days following the date of filing within which to review the variance application, and submit a recommendation to the board of commissioners. A review of an application may be extended an additional 30 days by the planning commission if just cause is shown that further time is needed to study the variance application, and the board of commissioners is notified of said extension in writing. If the planning commission fails to forward its recommendation to the board of commissioners within the time period stated, the board of commissioners may assume the planning commission has approved of the proposed application.

(Ord. of 3-28-2013(1), Exh. A, § 10.0)

Approval of a request for a variance in the overlay district shall be narrowly construed and shall be based upon the consideration and weight of one or more of the following criteria:

(1)

The danger to life and property due to increased flood heights or velocities caused by the applicant's encroachments;

(2)

The dangers that materials may be swept on to other lands or downstream to the injury of others;

(3)

The proposed water supply and sanitation systems and the ability of these streams to avoid causing disease, contamination and unsanitary conditions;

(4)

The susceptibility of the proposed use to flood damage and the effect of such damage on the owner;

(5)

The importance of the proposed use to the community;

(6)

The availability of alternative locations, not subject to flooding, for the proposed use;

(7)

The compatibility of the proposed use to the comprehensive plan and floodplain management program in the area;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program in the area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles; or

(10)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site:

(Ord. of 3-28-2013(1), Exh. A, § 11.0)

The board of commissioners shall prepare and conduct the public hearing on the variance application in a manner similar to that set forth in the zoning regulation of Heard County, as amended. The board of commissioners shall then make an official decision on the proposed amendment. The official decision shall be made within 45 days from the date of receipt of the planning commission's recommendation.

(Ord. of 3-28-2013(1), Exh. A, § 12.0)

If the board of commissioners denies the application after the final public hearing, the applicant shall appeal by certiorari to the superior court.

(Ord. of 3-28-2013(1), Exh. A, § 13.0)

(a)

Noncompliance. Noncompliance of characteristics of structures and site development created by the application shall not in any way limit the legal use of the property, nor in any manner limit the repair, maintenance or reconstruction of a noncomplying characteristic or feature; however, in no instance shall the degree of noncompliance be increased except as otherwise permitted by this article.

(b)

Notice. Notice of violations will be sent by registered mail to the owner and he will have 30 days from the date the notification is issued to make repairs. The owner will notify the code enforcement department that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.

(c)

Violations. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor.

(d)

Interpretation. The overlay districts shall extend and cover other zoning districts on the official zoning map as identified in the Zoning Regulations of Heard County, Georgia, as amended. The overlay districts are not designed to replace the districts formerly occupying that space but, instead, add a new layer of controls. Each parcel of land within the overlay districts, subject to the exceptions and variances that may be granted herein, shall be subject to the provisions, regulations and restrictions of both the overlay districts and its underlying zoning district(s). It is not, however, the intention of this article to interfere with, abrogate or annual any covenant or other agreement between parties.

(e)

Conflict with other laws. In the event of a conflict or discrepancy between the requirements of the overlay districts, the underlying zoning district(s), or any other ordinance or resolution, which has been enacted to establish measures to protect the quality of present and future water supply for Heard County and neighboring localities, the earliest date of enactment shall govern and determined the respective provision to be applied.

(f)

Severability. In the event any article, section, subsection, sentence, clause or phrase of this article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, section, subsection, sentences, clauses or phrases of this article, which shall remain in full force and effect, as if the article, section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. The governing authority hereby declares that it would have adopted the remaining parts of the article if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

(g)

Repeal of conflicting resolutions. All ordinances and resolutions and parts of resolutions in conflict with this article are hereby repealed.

(Ord. of 3-28-2013(1), Exh. A, § 14.0)