(a)

Findings of fact. In order to provide for the health, safety, and welfare of the public and a healthy economic climate with Lamar County and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter storm water runoff can be threatened by unrestricted urban and suburban development. Land-disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of reservoirs. In addition, storm water runoff, particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable for recreation. Industrial land uses that involve the manufacture, use, transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies.

(b)

Purpose. The purpose of this section is to establish measures to protect the quality and quantity of the present and future water supply of Lamar County; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watershed. This section shall apply to the portions of watersheds which occur within the jurisdiction of Lamar County and are hereinafter identified as water supply watersheds.

(Ord. No. 2010-16, 11-16-10)

Except as specifically described herein, all words in this section shall have their usual and customary meanings. The use of the singular includes the plural and the plural the singular; the present tense includes the future; the use of shall means the action is mandatory, the use of may or should means the action is optional.

Authority: The use of the word "authority" shall mean the Lamar County Water and Sewer Authority.

Best management practices plan (BMP plan): A plan consisting of a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of storm water runoff and which are compatible with the planned land use.

Buffer: A natural or enhanced vegetated area located adjacent to reservoirs or perennial streams within a water supply watershed.

Confined animal feeding operation: A building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses — one (1) per forty-three thousand, five hundred sixty (43,560) square feet (one acre); cows — one (1) per forty-three thousand, five hundred sixty (43,560) square feet; sheep or goats — one (1) per twenty thousand (20,000) square feet; fowl — twenty (20) per forty-three thousand, five hundred sixty (43,560) square feet.

Corridor: All land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed.

County: The use of the word "county" shall mean the Board of Commissioners of Lamar County or their (its) designee.

Department: The use of the word "department" shall mean the Lamar County Building and Zoning Department and any subsequent name they become known as.

Development or single development: Any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership.

Enforcer: The enforcer is defined as the county or its designee.

Hazardous material: Any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended.

Hazardous waste: Any solid waste which has been defined as "hazardous waste" in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Act which were in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 as hereafter amended and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended.

Impervious surface: A manmade structure or surface that prevents the infiltration of storm water into the ground below the structure or surface. Examples include, but are not limited to, buildings, roads, driveways, parking lots, decks, swimming pools or patios.

Large quantity generator of hazardous waste: Any person, corporation, partnership, association or other legal entity that is defined as a "large quantity generator" by the Georgia Department of Natural Resources pursuant to O.C.G.A. 12-8-60 et seq. as hereafter amended and that is regulated by the State of Georgia under that section.

Limited development area: The remaining part of the watershed district that is located outside of the water quality critical area to the ridge line of each watershed district.

Natural vegetated area: An undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to:

Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife.

Outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting.

Education, scientific research and nature trails.

Maintenance or repair of lawfully located roads, structures and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized.

Limited excavating, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above.

Net acreage: The total acreage of any parcel or combined parcels of land to be developed as a single project, less the sum of the following: total number of acres contained in the one (1) percent annual chance flood hazard area (SFHA), total number of acres contained in road rights-of-way, and the total number of acres contained in detention or retention ponds to be constructed.

Net density: The total number of dwelling units divided by the net acreage within the boundaries of any parcel or combined parcels of land to be developed as a single project.

Nonconforming use: A land use activity, building or structure legally established prior to adoption of this article, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this section.

Open space: For purposes of this article, "open space" shall be defined as undisturbed lands or otherwise properties set aside for recreational uses, buffers, common areas, landscape areas, as well as other uses defined under the "open space categories" described below. Buffers and wetlands, if located on lots to be conveyed to private property owners, shall not be considered as "open space". Land contained within the special flood hazard area (SFHA) shall not be considered as "open space" if located on lots that are to be conveyed to private property owners. Land designated as "open space" is divided into five (5) categories (the "open space categories", or singularly, an "open space category"):

*Category A—Wetland stream buffers, special flood hazard areas (SFHA), undisturbed buffers between various land uses, roadside buffers, wildlife sanctuaries, and other forms of buffers, if owned by the developer or a property owners' association;

*Category B—Improved and revegetated areas utilized for active recreation, such as ball fields, parks and golf courses;

*Category C—Improved, active recreation areas, such as swimming pools, tennis courts and playgrounds;

*Category D—State waters, including wetlands, ponds and lakes, if owned by a developer or a property owners' association; and

*Category E—Land donated to a governmental entity for public use, provided such land is not located in a wetland or special flood hazard area (SFHA).

In order to calculate the total "open space," the total acreage contained within each open space category is multiplied by its respective factor, as set forth below:

* Category A factor = 1.0

* Category B factor = 0.7

* Category C factor = 0.2

* Category D factor = 0.5

* Category E factor = 2.0

Overlay district: A district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land use category.

Perennial stream: A stream which flows throughout the year, as indicated by a solid blue line on United States Geological Survey (USGS) 7-minute topographic series maps (scale of 1/24,000).

Reservoir boundary: The edge of a reservoir, defined by its normal pool level (elevation above mean sea level).

Utility: 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.

Water quality critical area: The water quality critical area is defined as follows:

(a)

All land that lies adjacent to the normal pool level of a reservoir and extending either to the ridge line boundary of the watershed or two hundred fifty (250) feet, whichever is shorter; and

(b)

All land extending a distance of one (1) mile upstream from the normal pool level of the reservoir that is adjacent to each perennial stream up-stream from the reservoir and extending either to the ridge line boundary of the watershed on each side of the perennial stream or two hundred fifty (250) feet, whichever is shorter.

Water supply watershed: The drainage area (watershed) of lands upstream of a governmentally owned public drinking water intake or water supply reservoir or a proposed public drinking water intake or water supply reservoir.

(Ord. No. 2010-16, 11-16-10)

(a)

Designation of watershed districts. The following watershed districts are hereby established and designated:

(1)

Upper Potato Creek;

(2)

Buck Creek;

(3)

Eady Creek;

(4)

Little Towaliga River;

(5)

Middle Potato Creek;

(6)

City of Barnesville;

(7)

Lower Potato Creek;

(8)

Rocky Creek;

(9)

Tobesofkee Creek;

(10)

Tobler Creek;

(11)

Little Tobesofkee Creek;

(12)

Echeconnee Creek;

(13)

Upper Upson Potato Creek;

(14)

Turnpike Creek.

(b)

Description of the watershed districts. The watershed districts may be more particularly described by reference to the official Watershed District Map entitled "Drainage Basins Map, Lamar County, Georgia," prepared for Lamar County by ARCADIS, and dated September 11, 2003. A copy of said map is attached to this article and incorporated herein by reference. A copy of the map of the watershed districts will be maintained by the county and the authority. The county's district map will overlay the official county zoning map, and each of said maps are hereby incorporated herein and made a part of this section by reference.

(c)

Water quality critical area.

(1)

Water quality critical area(s) for the above stated water supply watershed districts are:

a.

All land that lies adjacent to the normal pool level of a reservoir and extending either to the ridge line boundary of the watershed or two hundred fifty (250) feet, whichever is shorter; and

b.

All land extending a distance of one (1) mile upstream from the normal pool level of the reservoir that is adjacent to each perennial stream upstream from the reservoir and extending either to the ridge line boundary of the watershed on each side of the perennial stream or two hundred fifty (250) feet, whichever is shorter.

(2)

The normal pool level elevation of the existing reservoir is as follows:

a.

Eady Creek Reservoir contour line E1. 614.5. feet above sea level.*

* Elevations are based on U.S. Geological Survey datum.

(d)

Limited development area. A limited development area is established for the remaining part of the watershed district that is located outside of the water quality critical area to the ridge line of each water supply watershed district.

(e)

Restrictions limited to certain districts. The restrictions contained in this ordinance and provisions contained herein shall be applicable only to the following water supply watershed districts:

(1)

Eady Creek Basin;

(2)

Little Towaliga River Basin.

Note: The county shall have the right to amend this article as necessary to include additional districts within the restrictions contained herein.

(Ord. No. 2010-16, 11-16-10)

(a)

Permit requirements. Within the water supply watershed district, no land-disturbing activity, construction or other development, other than certain exempted activities identified herein, may be conducted without a permit from the county and must be in full compliance with the terms of this article, and other applicable regulations, including but not limited to, the Lamar County Zoning Ordinance, Lamar County Development Ordinance, Lamar County Soil Erosion and Sedimentation Control Ordinance and Lamar County Flood Damage Prevention Ordinance. All activities that are not permissible as of right or as conditional use shall be prohibited.

(b)

Exemptions. The following land-use activities are exempted from the development review and permit requirements of this section:

(1)

Agriculture and forestry. Normal agricultural and forestry activities involving planting and harvesting of crops are exempted if they conform to best management practices (BMPs) established by the Georgia Department of Agriculture. Silvicultural activities must conform to best management practices (BMPs) by the Georgia Forestry Commission.

(2)

Mining activities. All mining activities that are permitted by the Georgia Department of Natural Resources under the Georgia Surface Mining Act, as amended, are exempted.

(c)

Enforcement. The county, its agents, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this article and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary. Enforcement procedures shall be as provided in the Lamar County Zoning Ordinance.

(1)

The Lamar County Building and Zoning Department Head is hereby designated as the administrator and enforcement authority of this section.

(2)

All applications for building permits shall be first submitted to the Lamar County Building and Zoning Department for issuance of building permits when the application is in compliance with the regulations of this article. When there is a need of interpretation and enforcement of specific sections of this section, the zoning administrator shall submit applications for review to the board of commissioners.

(3)

Agents and employees of the county and the authority and law enforcement officials of the county and other law enforcement officials having police powers shall have authority to assist the enforcer in enforcement of this section.

(4)

Any person who commits, takes part in, or assists in any violation of any provision of this section shall be fined not more than one thousand dollars ($1,000.00) for each offense. Each violation of this act shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense.

(5)

The enforcer shall have the authority to enforce this section; to authorize issuance of permits; to address violations and to refer violations to the code enforcement division of the county; to issue citations for violation of this section; to issue administrative orders; and to commence civil and criminal actions.

(6)

The enforcer or his designee shall have the authority to issue cease and desist orders in the event of any violation of this section. Cease and desist orders may be appealed under section 2112 thereof.

(7)

When a building or other structure has been constructed in violation of this section, the violator shall be required to remove the structure.

(8)

When removal of vegetative cover, excavation or fill has taken place in violation of this section, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, in compliance with the county's soil erosion and sedimentation control ordinance.

(9)

All costs, attorney's fees, expert witness fees and other expenses incurred by the county in connection with the enforcement of this section shall be recovered from the violator.

(Ord. No. 2010-16, 11-16-10)

Applications for a development permit within the above stated "water supply watershed districts" shall include the following:

(a)

Existing conditions. Each application shall comply with all existing ordinances, amendments thereto and subsequent amendments. Said ordinances include, but are not limited to, the Lamar County Zoning Ordinance, Lamar County Development Ordinance, Lamar County Soil Erosion and Sedimentation Control Ordinance and Lamar County Flood Prevention Ordinance.

(b)

Additional requirements for development of property located in the water supply watershed districts. In addition to the requirements of each of the above referenced ordinances, site plans or construction improvement plans for development of property shall contain the following additional information:

(1)

The total square feet and acres of property to be developed.

(2)

Location, dimensions, and area (in square feet) of all impervious surfaces, both existing and proposed, on the site.

(3)

The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir.

(4)

The location of each perennial stream that crosses or abuts the site.

(5)

The location of each public reservoir that abuts the site.

(6)

The location, elevation, and orientation of the one (1) percent annual chance floodplain on the site.

(7)

The site plan submitted shall contain a certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the water quality critical area, the limited development area, or outside of both areas.

(8)

Location and detailed design of any spill and leak collection systems designed for the purposes of containing accidentally released hazardous or toxic materials.

(c)

Additional requirements for building permits. In addition to the requirements of each of the above referenced ordinances, the following information shall accompany each building permit requested:

(1)

The total square feet and acres of property to be developed.

(2)

Location, dimensions, and area (in square feet) of all impervious surfaces, both existing and proposed, on the site.

(3)

The site plan shall contain a certification issued by a registered land surveyor, landscape architect or registered engineer verifying the impervious surface calculations of the proposed development.

(4)

The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir.

(5)

The location of each perennial stream that crosses or abuts the site.

(6)

The location of each public reservoir that abuts the site.

(7)

The location and orientation of the one (1) percent annual chance floodplain on the site.

(8)

The site plan submitted shall contain a certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the water quality critical area, the limited development area, or outside of both areas.

(9)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(d)

Activities to comply with site development plan. All development activities or site work conducted after approval of the site plan shall conform to the specifications of those plans. Significant changes to the site plan, which would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in considerable increase in the amount of excavation, fill or removal of vegetation during construction, or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the Lamar County Building and Zoning Department. Any such amendments shall also comply with all other applicable ordinances and laws.

(e)

Exemptions from site development plan requirements.

(1)

Repairs to a facility that is a part of a previously approved and permitted development.

(2)

Accessory structures such as barns, sheds, or additions to single-family dwellings.

(f)

Duration of permit validity.

(1)

If construction described in the development permit has not commenced within twelve (12) months from the date of issuance, the permit shall expire.

(2)

If construction described in the development permit is suspended after work has commenced, the permit shall expire twelve (12) months after the date the work ceased, or at twelve (12) months from the issue date if work has been suspended for over six (6) months, whichever is first. In cases of permit expiration due to abandonment or suspension of work, the landowner shall be required to restore topography to its original contours and restore vegetation as far as practicable.

(Ord. No. 2010-16, 11-16-10)

The following limitations on permissible uses together with the limitations on land use prescribed under the ordinances of Lamar County, the laws of the State of Georgia, the regulations of the regulatory agencies of the State of Georgia, laws of the United States of America, and the regulations of the regulatory agencies of the United States of America shall apply:

(a)

Within the water quality critical area. The following limitations on permissible uses shall apply to the water quality critical area:

(1)

Agricultural land use. No confined animal feeding operations may be conducted within the water quality critical area.

(2)

Commercial establishments. No commercial activity may be conducted within the water quality critical area.

(3)

Fuel and chemical storage tanks. No above ground or underground fuel or chemical storage tanks shall be allowed in the water quality critical area.

(4)

Industries. No industrial activity may be conducted within the water quality critical area.

(5)

Landfills and waste disposal. No landfills or wastewater disposal facilities of any kind (except for septic tanks approved by the Lamar County Health Department and wastewater disposal facilities owned and operated by the Authority) shall be allowed within the water quality critical area.

(6)

Office. Offices are not permissible within the water quality critical area, except for a home occupation office.

(7)

Residential land use. Single-family residential lots are permissible if the minimum acreage requirements hereinafter set forth are met.

a.

If served by a septic tank system and well: Two and one-half (2.5) acres.

b.

If served by a septic tank system and public water: One and one-half (1.5) acres.

c.

If served by a public sewer system and public water: One (1) acre.

(8)

Toxic and hazardous materials. No facility that stores or disposes of underground fuel or chemical storage tanks shall be allowed in the water quality critical area.

(b)

Within the limited development area. The following limitations on permissible uses shall apply to the limited development area.

(1)

Agriculture. There are no additional limitations on the type of agricultural land use permissible within the limited development area.

(2)

Commercial establishments. Commercial establishments shall be permissible if the minimum acreage requirements hereinafter set forth are met:

a.

If served by a septic tank system and well: Two (2) acres.

b.

If served by a septic tank and public water: One (1) acre.

c.

If served by a public sewer system and public water: One (1) acre.

(3)

Fuel and chemical storage tanks. Underground fuel and chemical storage tanks will be allowed if they meet all of the requirements set forth by the Georgia Department of Natural Resources Environmental Protection Division.

(4)

Industries. No industry that manufactures toxic or hazardous materials may be located in the limited development area. Only those industries that are not large quantity generators of hazardous waste may be located within the limited development area.

(5)

Landfills and waste disposal. No landfills shall be allowed within said area. Septic tanks approved by the county health department and sewage disposal facilities owned and operated by a public entity will be allowed in this area.

(6)

Offices. Offices shall be permissible if the minimum acreage requirements hereinafter set forth are met:

a.

If served by a septic tank system and well: Two (2) acres.

b.

If served by a septic tank system and public water: One (1) acre.

c.

If served by a public sewer system and public water: One (1) acre.

(7)

Residential. Single-family residential lots are permissible if the minimum acreage requirements hereinafter set forth are met:

a.

If served by a septic tank system and well: Two (2) acres.

b.

If served by a septic tank system and public water: One (1) acre.

c.

If served by a public sewer system and public water: The density authorized under the zoning provision for which the property is zoned, however, the total impervious area of all residential developments shall not exceed twenty-five (25) percent of the total development.

d.

All residential developments shall maintain at least twenty (20) percent of the development as open space.

(8)

Toxic and hazardous materials. No facility that manufactures, stores or disposes of toxic or hazardous waste may be located within the limited development area.

(c)

Property abutting perennial streams and perennial streams crossing property located in a limited development area. If a perennial stream abuts or crosses any property upon which an industrial facility, office facility, commercial facility, service facility, or residential building is located, the following minimal lot sizes will be required:

(1)

If served by a septic tank system and well:

a.

Industrial lots: Five (5) acres.

b.

Office lots: Two (2) acres.

c.

Commercial establishments: Two (2) acres.

d.

Residential: Two (2) acres.

(2)

If served by a septic tank system and public water:

a.

Industrial lots: Three (3) acres.

b.

Office lots: One and one-half (1.5) acres.

c.

Commercial establishments: One and one-half (1.5) acres.

d.

Residential: The density will be that as set forth in each of the zoned residential districts; provided, however, no lot abutting said stream shall have anymore than twenty (20) percent impervious structures located thereon.

(3)

If served by public sewer system and public water:

a.

Industrial lots: Two (2) acres.

b.

Office lots: One and one-half (1.5) acres.

c.

Commercial establishments: One and one-half (1.5) acres.

d.

Residential: The density will be that as set forth in each of the zoned residential districts; provided, however, no lot abutting said stream shall have anymore than twenty (20) percent coverage by impervious structures.

(Ord. No. 2010-16, 11-16-10)

(a)

Percentage allowed. The percentage of impervious area allowed in the water quality critical area and the limited development area are set forth below. The percentages set forth below shall be determined by the addition of all land areas to be covered by impervious structures during the development of the property (i.e. roads, streets, driveways, houses, buildings, and parking areas). Compliance with the impervious area percentages set forth below shall be certified by a licensed surveyor, engineer, landscape architect, or any other professional authorized to render similar services under state law.

(1)

Water quality critical area. No more than twenty (20) percent of the total land area of any parcel on which a new development is placed may be covered by impervious surfaces within the water quality critical area.

(2)

Limited development area. No more than twenty-five (25) percent of the total land area of any parcel on which a new development is placed may be covered by impervious surfaces within the limited development area.

(b)

Alternative provisions. The impervious surface of a single development within the limited development area may be increased to thirty-five (35) percent provided that:

(1)

Development of land in the limited development area(s) set aside to remain in natural vegetation or open space in the amount of two (2) times the area of impervious surface above the twenty-five (25) percent limit. Ownership of such parcels in fee simple or as a conservation easement must be conveyed to the county, a homeowners' association, or some other governmental or non-profit entity.

(2)

If the recipient of the property of conservation easement is to be an existing or proposed organization other than a governmental entity, the developer must submit to the county articles of association or incorporation which establish the entity. Said document must be approved in writing by the county prior to approving said development. Any proposed changes in said articles shall require the prior written approval of the county.

(3)

If the recipient is a homeowners' association, membership in the homeowners' association shall be mandatory for property owners and made a required covenant in all deeds issued or passed. The association shall provide voting and use rights in the natural vegetated area when applicable and charge dues or levy assessments to cover expenses which may include tax liabilities of common areas, and for the maintenance of such common areas, natural vegetated areas, improvements, rights-of-way, utilities, etc. Such association shall be responsible for the perpetuation, maintenance, and function of all common lands, uses, and facilities.

(4)

All lands and improvements shall be described and identified as to location, size, use, and control in a restrictive covenant. The details of all easements conveyed shall be likewise described. These restrictive covenants shall be written so as to run with the land and become a part of the deed of each lot or dwelling unit within the development.

(5)

Such restrictive covenants and the association shall continue in effect so as to control the availability of facilities for their intended function, and to protect the development from additional unplanned densities and use. Such associations shall not be dissolved, nor shall such association dispose of any land set aside for the purposes of this section, by sale or otherwise, except with prior written consent of the county.

(6)

Any and all natural vegetated areas shall be held in common ownership by the dwelling unit owners. Any change in the natural or vegetated area, other than to maintain it in reasonable order and condition in accordance with the approved final plan, shall require prior written approval of the county.

(7)

The natural vegetated area may be set aside by the developer by acquiring property in fee simple or a conservation easement within the watershed district.

(c)

Impervious surface setbacks.

(1)

Water quality critical area. No impervious structure shall be constructed within one hundred fifty (150) feet of the normal pool level of the reservoir or of any perennial stream located in the water quality critical area.

(2)

Limited development area. No impervious surface shall be constructed within a 100-foot setback area on both sides of a perennial stream as measured from the stream banks in the limited development area.

(d)

Vegetative setbacks/buffers.

(1)

Stream buffers within water quality critical area. A natural or enhanced vegetative buffer shall be maintained for a distance of one hundred (100) feet from the normal pool level of a reservoir and one hundred (100) feet on both sides of a perennial stream as measured from the banks.

(2)

Stream buffers within the limited development area. A natural or enhanced vegetative buffer shall be maintained for a distance of fifty (50) feet on both sides of a perennial stream as measured from the stream's banks.

(3)

Silvicultural BMPs. Notwithstanding any other provisions of this section, forestry practices in accordance with a forest management plan that incorporates best management practices (BMPs) approved by the Georgia Forestry Commission shall be permissible in the buffer areas. However, no trees or vegetation shall be removed any closer than twenty-five (25) feet on each side of any perennial stream.

(4)

Agricultural BMPs. Notwithstanding any other provisions of this section, the continued cultivation of agricultural crops and the occasional pasturing of livestock shall be permissible within the buffer area, provided that the best management practices of the Georgia Department of Agriculture are followed.

(5)

Utility lines. The buffer requirements of this section shall not apply to the construction, operation, and maintenance of any utility lines located within the water quality critical area or the limited development area.

(e)

Septic tank drainfield restrictions. Septic tanks and septic tank drainfields are prohibited in the setback areas established in subsections (c) and (d).

(f)

Hazardous materials handling. New facilities located within the water supply watershed district that handles hazardous materials of a type and amount requiring a permit from the Department of Natural Resources or that require disposal by a hazardous materials handler permitted or licensed by the Department of Natural Resources as a hazardous material facility, shall perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collections systems shall be shown on the site plan in detail and must be approved, as part of the site plan, by the enforcer.

(g)

Soil erosion and sedimentation control. All developments and land disturbing activity within the watershed districts shall comply fully with the Lamar County Soil Erosion and Sedimentation Control Ordinance.

(Ord. No. 2010-16, 11-16-10)

(a)

Previous uses preserved generally. The lawful use of any building, structure, or land use existing at the time of the enactment of this section may be continued, even though such use does not conform with the provisions of this section except that the nonconforming structures or use shall not be:

(1)

Changed to another nonconforming use;

(2)

Re-established after discontinuance for one (1) year;

(3)

Extended except in conformity with this section; or

(4)

Structurally altered, except for repairs necessary for the continuation of the existing use.

(b)

Replacement of nonconforming uses. The replacement of nonconforming uses shall be in compliance with article 4 of the Lamar County Zoning Ordinance as hereinafter amended.

(c)

Application to projects partially complete. For any development which has received, before the effective date of this article, either preliminary plat approval, site plan approval, building permit or other relevant permits provided by the county and for which substantial work has been completed or substantial investment made in reliance upon such a permit, any future work included in said plat or plan may be completed without being subject to the additional regulations imposed in this section. Any significant additions, expansions, or phases that deviate significantly from said plat or plan, or that have not yet received a permit, shall be subject to the provisions of this section.

(Ord. No. 2010-16, 11-16-10)

All parcels of land within the watershed districts that do not conform to the space requirements or come within the permitted uses or the minimum standards hereinafter set out shall be governed by the Lamar County Zoning Ordinance, as amended, as it relates to nonconforming-use activities. No property owner within said district or area, or successors in title, who is engaged in a use which is rendered nonconforming by this section, shall be required to limit, restrict, amortize, or discontinue such use within the boundaries of his property. Nothing in this section shall require any change in development or proposed use of properties which are presently under development or preliminary plat has been submitted and approved as of the effective date of this section. All parcels of tracts of land within said district or area shall be subject to the rules and regulations of the Lamar County Health Department.

(Ord. No. 2010-16, 11-16-10)

(a)

When issued. The county may authorize, upon application in individual cases, such variances from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this section will, in an individual case, result in unnecessary hardship, so that the spirit of this article shall be observed. Such variance may be granted in such individual cases of practical difficulty or hardship only upon a finding by the county that a majority of the following conditions apply:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2)

The application of this section to this particular piece of property would create an unnecessary hardship;

(3)

Relief, if granted, would not cause substantial detriment to the water quality of the watershed district or impair the purposes and intent of this section;

(4)

The special circumstances surrounding the request for a variance are not the result of acts by the applicant;

(5)

The variance is not a request to permit a use of land, buildings or structures which is not permissible in the district involved; and

(6)

The variance will not result in an increase of the impervious surface of the development beyond that prescribed according to section 2107.

(b)

Conditions. The county may, as a condition of variances to certain provisions of this article, require alternative measures to be taken by the applicant such that the purpose of this ordinance may be achieved through alternative means.

(c)

Authority of zoning administrator to issue variances in certain circumstances. If the requested variance is within ten (10) percent or less of the restrictions of this article, the zoning administrator shall have the authority to issue a variance upon his finding that the issuance of the variance satisfies the conditions of section 2110(a). However, if at any time during the variance process the requested variance exceeds ten (10) percent of the restrictions of this article, said variance must be submitted to the board of commissioners for approval.

(Ord. No. 2010-16, 11-16-10)

(a)

Stormwater treatment. To the extent any project or development receives a variance under the requirement of this article, the preparation of a stormwater best management practices (BMP) plan and treatment of stormwater may be required.

If it is determined by the county that the proposed variance or the development may result in the degradation of water quality, a stormwater best management practices (BMP) plan will be required. The BMP plan shall be prepared by a professional engineer and shall be designed to provide water quality treatment for the first inch of water runoff from all proposed impervious areas disturbed by the proposed project. This plan must be approved by the county and the Authority prior to approval of the request for variance.

Elements of the BMP plan may include, but are not limited to:

*

Check dams. Dams constructed across a drainage swale or ditch to minimize erosion by reducing stormwater velocity.

*

Energy-dissipation devices. Paved or riprapped channel sections placed below storm drain outlets to reduce flow velocity.

*

Water-quality inlets. Specially constructed stormwater inlets designed to remove sediment, debris, oils, and greases from stormwater.

*

(Other facilities). Such other water treatment facilities that are deemed necessary to treat the runoff water before said water enters the streams of the drainage district.

*

Buffer zones. Strips of undisturbed, original land or vegetation surrounding the land-disturbed site to reduce stormwater velocities and filter pollutants.

*

Grass swales and filter strips. Vegetative drainage conveyances, used in lieu of storm drains, designed to reduce flow rates and provide filtering/infiltration of stormwater.

*

Dry detention ponds. Dry surface storage areas designed to collect and store stormwater runoff and to provide settling of pollutants.

*

Wet detention ponds. Wet storage ponds designed to collect and store stormwater runoff and to provide settling of pollutants.

*

Wetland plantings. Areas designed to collect, store, and treat stormwater runoff using appropriate wetland vegetation.

The BMP plan shall be submitted to the county and the authority for its review. The authority's report shall determine whether or not the BMP plan meets the requirements of this article. No development or building permit shall be issued until the BMP plan has been approved by the county. If, during the course of the development, the county finds that the developer is in violation of the BMP plan, the county shall issue a "stop work" order, at which time all development and construction on the project shall immediately cease until the developer is in full compliance with the terms of this article.

(Ord. No. 2010-16, 11-16-10)

Decisions made by the enforcer may be appealed to the Lamar County Board of Commissioners. Notice of the appeal must be filed with the board of commissioners within ten (10) days of the decision rendered by the enforcer. The notice of appeal shall contain a written statement specifying the errors made by the enforcer and the specific relief requested by the party appealing. A public hearing will be conducted by the board of commissioners at either a regular or special called meeting of the Lamar County Board of Commissioners. Written notice of the time and place of the hearing shall be given to the party appealing at least three (3) days prior to the date of the hearing.

(Ord. No. 2010-16, 11-16-10)

These regulations and the watershed district map may from time to time be amended in accordance with procedures and requirements in the general statutes.

(Ord. No. 2010-16, 11-16-10)

Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land.

(Ord. No. 2010-16, 11-16-10)

All sections and subsections of this article are considered separate and distinct. Should any section, subsection, paragraph or part of this section be declared by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph or part of this section.

(Ord. No. 2010-16, 11-16-10)