Milton City Zoning Code

A.

Title

This Sec. 11.1 shall be known as the Tree Canopy Conservation Ordinance of the City of Milton, Georgia or the "tree ordinance."

B.

Purpose and Intent

1.

The purposes of the tree ordinance are to:

a.

Create a living and working environment for Milton's citizens and visitors that is attractive, healthy and safe.

b.

Manage and utilize trees for the economic, environmental, and social functions and benefits they provide.

c.

Provide a framework for accomplishing the goals and objectives in the Comprehensive Plan and other community, environmental and conservation ordinances, plans and policies.

2.

The intent of the tree ordinance is to:

a.

Promote human, environmental and economic health within the community.

b.

Promote shared responsibility by all property owners to contribute to tree canopy cover.

c.

Establish the minimum amount of regulations that will achieve the vision and goals of the City and produce the desired outcomes.

d.

Maintain no net loss of tree canopy cover below the 57% existing as of March 2017. The City will measure the tree canopy in the fall of 2022, and not to exceed a 5 year period between measurements thereafter, using the latest technology and use the results to evaluate the effectiveness of this ordinance in achieving the City's tree canopy goals.

C.

Waivers

1.

The Director has the authority to waive any provision of the tree ordinance when such waiver is consistent with its purpose and intent and when literal enforcement of the tree ordinance will create an undue hardship or unreasonable practical difficulty on the applicant.

2.

The Director must determine if a waiver is justified. A waiver must be based upon credible evidence submitted to the Director demonstrating that:

a.

Approval, if granted, would not offend the purpose and intent of the tree ordinance.

b.

There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that literal or strict application of the tree ordinance would create an unnecessary hardship due to size, shape, or topography or other extraordinary and exceptional situations or conditions not caused by the applicant.

c.

Relief, if granted would not cause a substantial detriment to the public good and surrounding properties.

d.

That the public safety, health and welfare are secured, and that substantial justice is done.

3.

The Director must keep record of all approved waivers. Every quarter, any waivers that have been approved must be presented to the Planning Commission by the Director.

4.

The Planning Commission may recommend amendments to the provisions of the tree ordinance to the Director at this time.

D.

Applicability and Exemptions

1.

The terms and provisions of the tree ordinance apply to:

a.

All property within the City of Milton unless otherwise exempted herein.

b.

Any activity that requires the issuance of a development permit.

c.

The removal of or disturbance to the critical root zone or structural root plate of any Protected tree including specimen and heritage trees.

2.

The activities, properties and trees that are exempt from the requirements of the tree ordinance are:

a.

Removal of trees posing an imminent threat or under emergency conditions.

b.

Commercial tree nursery and tree farm operations.

c.

Trees removed or pruned by any utility company as part of routine vegetation management activities or utility maintenance/repair within the utility right-of-way or existing easements.

d.

Tree removal for ongoing forest management practices, including, timber management and agricultural operations as defined in O.C.G.A. § 1-3-3(4.1).

E.

Tree Conservation Manual

1.

There is hereby adopted and incorporated by reference, as if fully set forth herein, a Tree Conservation Manual (version revised October 23, 2019) that supplements the tree ordinance and sets forth standards and procedures for activities required by the tree ordinance. A copy of this manual is available online and in the office of the Director.

2.

The Tree Conservation Manual may be modified by the Director as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance; provided that revised versions of the manual shall become part of the tree ordinance only after adoption by the City Council as an amendment to the tree ordinance. Should any standard of the Tree Conservation Manual conflict with the tree ordinance, the tree ordinance governs.

F.

Protected Trees

1.

A tree removal permit is required for any protected tree being removed or having disturbance to the critical root zone and/or structural root plate.

2.

The removal of or disturbance to the critical root zone or structural root plate of any protected tree without a tree removal permit shall be considered a violation of the tree ordinance.

G.

Specimen Trees

1.

A specimen tree is any healthy tree, documented by a certified arborist and verified by the City Arborist, which meets at least one of the following criteria for size:

a.

Hardwood trees with a minimum diameter at breast height (DBH) of 24 inches for a tree in the large or medium mature tree height class (very wide or wide canopy); or

b.

Any tree with a minimum DBH of 8 inches for a tree in the small mature tree height class (narrow or very narrow canopy); or

c.

Pine trees (Pinus spp.), Sweetgums (Liquidambar styraciflua), and Tulip Poplars (Liriodendron tulipifera) with a minimum DBH of 27 inches regardless of mature tree height class.

2.

If removal of a specimen tree is approved, replacement requirements shall be 150% of the square feet of tree canopy cover removed.

3.

All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 25% additional tree canopy cover credit over the actual measured canopy square footage or the standard credit as assigned by the City of Milton Tree Species List ("tree species list).

H.

Specimen Tree Stand

1.

A stand of trees may be considered a specimen tree stand if primarily composed of healthy trees, with no major insect or disease problems within the stand and meets at least one of the following specific criteria as documented by a certified arborist and verified by the Director:

a.

A mature, even-aged stand; or

b.

A stand with purity of species composition or of a rare or unusual nature; or

c.

A stand of historical significance; or

d.

A stand with exceptional aesthetic quality; or

e.

A stand on a lot which is otherwise devoid of trees.

I.

Heritage Trees

1.

A tree shall be designated as a heritage tree if it meets the criteria below.

2.

Trees may be nominated for heritage tree status by the tree owner by submitting a Heritage Tree Nomination Form to the Director.

3.

Within 15 business days after the submittal of a completed nomination form by a tree owner to the Director, the City Arborist must provide a recommendation on whether the nominated tree(s) should be designated as a heritage tree.

4.

The Director must present the recommendation to City Council who must review heritage tree nominations and has the authority to designate trees as heritage trees.

5.

For a tree to be designated as a heritage tree, it must be a healthy tree as documented by a certified arborist and verified by the Director and meet at least one of the following specific criteria as determined by the Director:

a.

State or county champion tree, as determined by the Georgia Forestry Commission (www.gatrees.org), or a tree that scores within 10% of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission; or

b.

Documented age greater than 75 years old; or

c.

An established and familiar feature or integral part of the community and its heritage and is recognized as such by the Director; or

d.

Designated by the Georgia Tree Council (www. gatreecouncil.org) as a Landmark or Historic Tree; or

e.

Documented historical significance.

6.

Before approving a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree, the City Arborist shall inform the applicant that one or more trees on the lot has been designated as a heritage tree.

7.

The City Arborist must maintain a current list of designated heritage trees and their locations must be recorded on the City's GIS.

8.

All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 40% additional tree canopy cover credit over the actual or standard credit. All heritage trees approved for removal must have their canopy replaced at 200% and payment must be made into the Tree Canopy Fund at the rate listed in the City fee schedule located in Appendix A of the City Code. Canopy replacement shall be based on the actual measurement of the tree canopy.

J.

City of Milton Tree Species List

1.

There is a City of Milton Tree Species List ("tree species list") as set forth in the Tree Conservation Manual that includes species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements.

2.

The tree species list also includes species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions.

3.

Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance must be selected from the tree species list. A species of tree not on the tree species list, or not approved for planting in a specific location, may be approved for planting by the Director.

K.

Appeals

1.

Any person aggrieved or adversely affected by any decision of the City Arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the Director for relief or reconsideration.

2.

Any person aggrieved or adversely affected by any decision of the Director relating to the application of the tree ordinance may file an appeal within 30 days of the Director's decision with the Board of Zoning Appeals through the Director.

3.

Decisions shall only be reversed on appeal for clearly erroneous interpretation of the tree ordinance.

L.

Inspections

1.

The Director has the authority to conduct inspections periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance.

2.

No person shall refuse entry or access to any authorized agent(s) of the City who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out their official duties.

3.

The Director may also monitor tree canopy cover on a lot using the City's GIS and current aerial photography for assessing ongoing compliance with tree canopy cover requirements.

M.

Enforcement

1.

The Director enforces the tree ordinance.

2.

The Director has the authority to modify, revoke, suspend, or void any development permit, or tree removal permit and suspend all work on a property or any portion thereof if a violation of the tree ordinance occurs until it is determined that the property is in full compliance with the tree ordinance.

3.

The Director has the authority to issue a notice of violation, stop work order, and citation to enforce the provisions of the tree ordinance.

N.

Notice of Violation

1.

If, through inspection, it is determined that an applicant, their authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, their authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity.

2.

The notice must describe the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed.

3.

If the applicant, their authorized agent(s), or the person or company otherwise responsible for the violation does not correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, they will be subject to an immediate citation and/or stop work order.

4.

Reinspection to assess compliance after a violation will require a separate re-inspection fee as set forth in the City fee schedule.

O.

Stop Work Order

1.

The Director may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time as the violation has been remedied to the satisfaction of the Director.

2.

The issuance of a written or verbal notice of violation is not required before or in conjunction with the stop work order if the Director determines that work must be stopped immediately to avoid further damage.

3.

The stop work order must:

a.

Be in writing and posted on site.

b.

State specific violations.

c.

Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation.

d.

State the conditions under which work may be resumed.

e.

Allow only erosion control work to continue while the stop work order is in effect.

4.

Where an emergency exists, a verbal order to stop work by the Director shall be given, with issuance of a written order required within 24 hours.

5.

The Director may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work starts on-site.

6.

The following violations will result in issuance of an emergency, verbal order to stop work:

a.

Land disturbing or tree removal within state water buffer or zoning buffer; or

b.

Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; or

c.

Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or,

d.

Improper installation or maintenance of required tree protection measures.

P.

Citations

Fines and penalties shall be assessed for citations, according to the following criteria:

1.

Any person who violates any provision of the tree ordinance may be fined up to $1,000.00 per violation.

2.

Each calendar day a violation exists will be considered a separate offense.

3.

There are no maximum limitations to the accrual of fines.

4.

In the event a City tree is damaged or destroyed, the person responsible may be required to reimburse the City for the appraised tree value.

5.

The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed.

6.

Offenses will be tried in Milton Municipal Court.

7.

Each owner of property wherein a violation exists, or each owner of a boundary tree, will jointly responsible for said violation.

8.

Fines received for violations to the tree ordinance must be deposited into the tree canopy fund.

A.

Tree Canopy Management

On properties absent development activity, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements, tree removal permitting and replacement requirements.

B.

Tree Canopy Priorities

1.

Priority areas on properties absent development activity for tree conservation and planting are rural viewsheds, road frontages, required setbacks, landscape strips or islands, and state waters or zoning buffers.

2.

Priority trees for conservation are specimen trees, specimen tree stands, and heritage trees.

C.

Tree Canopy Cover Requirements

1.

The minimum amount of tree canopy cover required on a lot, in the absence of further development, shall be the amount existing as of the date of application for tree removal permit or the minimum canopy coverage requirement per Table 11.1.2.C, whichever is less.

2.

If the lot is over the minimum canopy coverage requirement per Table 11.1.2.C, any proposed tree removal must not bring the lot below the minimum canopy coverage requirement without recompense.

Table 11.1.2.C. Minimum Tree Canopy Cover Required

D.

Tree Removal Permit

1.

On a lot that is not undergoing further development or improvement, a tree removal permit is required before removing any protected tree or before any encroachment into the critical root zone or structural root plate of a protected tree.

2.

The removal of a protected tree or encroachment into the critical root zone or structural root plate without a tree removal permit will constitute a violation of the tree ordinance and may result in an immediate Stop Work Order, Notice of Violation or Citation for the tree owner and/or any person or company involved in cutting, removing or damaging the tree.

3.

Application for a tree removal permit must be made by the tree owner or their authorized agent to the Director.

4.

A tree removal permit is required for the removal of a dead, unhealthy or invasive tree.

5.

A tree removal permit application fee is required, except for an application for the removal of a dead, unhealthy or invasive tree.

6.

The Director must make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application.

7.

If canopy replacement is required, the applicant or property owner must provide an agreement to the canopy replacement, such as, but not limited to, a signed contract with a landscape company stating the quantity, size, and species of trees to be planted, or a written statement from the property owner specifying the quantity, size, and species of trees to be planted along with a proposed planting schedule before the permit may be issued.

8.

The Director will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five years.

9.

When trees are removed on a lot without a tree removal permit due to imminent threat or emergency conditions, the owner of such trees must provide an oral or electronic notice via telephone or e-mail to the Director before or immediately after the removal.

10.

Should the Director determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee will be required in addition to replacement tree planting required by Sec. 11.1.2.E.

11.

Replacement of the tree canopy removed, whether permitted or not permitted, is required in accordance with Sec. 11.1.2.E.

E.

Tree Canopy Replacement

1.

The square feet of tree canopy cover provided by a protected tree that is approved for removal or lost due to disturbance within the critical root zone or structural root plate on a lot must be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 11.1.2.C.

2.

Tree canopy replacement is not required for a tree removed under emergency conditions or after the approved removal of a dead, unhealthy, or invasive tree.

3.

Replacement trees must be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting.

4.

When a protected tree is removed without a tree removal permit, two times the standard tree canopy cover credit for the species for non-specimen and non-heritage protected trees, and four times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements.

5.

All planting and maintenance activities for required replacement trees must be completed in accordance with the standards set forth in the Tree Conservation Manual.

6.

Recompense tree planting may be satisfied by alternative compliance in accordance with Sec. 11.1.3.H.

A.

Tree Canopy Management

On properties in connection with development activity, tree canopy cover must be managed through tree canopy cover requirements and tree conservation and planting to meet those requirements.

B.

Tree Canopy Priorities

1.

Priority areas on properties with development activity for tree conservation and planting are rural viewsheds, road frontages, parking lots, landscape strips and landscape islands, and state waters and zoning buffers.

2.

Regardless of whether the lot meets minimum tree canopy cover requirements, trees are required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations.

3.

Priority trees for conservation are specimen and heritage trees.

C.

Tree Canopy Plan

1.

An approved tree canopy plan may be required as a condition of approval of any development permit if necessary to implement the purposes and intent of the tree ordinance as determined by the Director.

2.

An approved tree canopy plan will serve as an approved tree removal permit for the purposes of land development.

3.

The tree canopy plan must be prepared by a licensed professional, such as, a certified arborist, registered forester, registered landscape architect, professional engineer, or registered land surveyor.

4.

The tree canopy plan must be drawn to scale and include a tree survey, a tree protection plan, a tree planting plan, and must, at a minimum, include the following:

a.

A table summarizing how tree canopy requirements will be met with conserved and planted trees.

b.

Surveyed trunk location, DBH, species of all individually growing protected trees, including specimen and heritage trees, on the lot, with critical root zones, and structural root plates identified on all protected trees, including specimen and heritage trees, proposed for conservation. Location of tree groups and forested areas with description of primary species and average DBH.

c.

All protected trees, including specimen and heritage trees, proposed to be removed.

d.

Location of all tree save areas and notations of all tree protection methods to be used with details on materials and installation methods.

e.

Trunk location, species, and caliper of all trees proposed for planting with planting details and maintenance schedule for the first three years.

f.

Location of all existing and proposed improvements, including, but not limited to, buildings, driveways, walkways, retaining walls, other structures and impervious surfaces, and all existing and new utilities.

g.

Arborist Note: "Any unapproved encroachment into a designated tree save area shall result in an immediate Stop Work Order, Notice of Violation, and/or Citation for the responsible party."

h.

Location of ingress and egress points and access roads for vehicles and construction equipment.

i.

All proposed grading and the limits of disturbance.

j.

Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance.

5.

Guidelines on calculating tree canopy coverage included in the Tree Conservation Manual are incorporated herein by reference.

6.

The tree canopy plan, tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted.

7.

The Director is responsible for reviewing all tree canopy plans and deciding whether the tree canopy plan is consistent with the requirements of the tree ordinance. A tree canopy plan review application fee is required at the time of plan submittal in an amount set forth in the City fee schedule.

8.

No tree damage or removal, or land disturbance shall take place on any lot in connection with development activity without an approved tree canopy plan as required by the Director showing how tree canopy cover requirements will be met.

9.

Conformance with all aspects of an approved tree canopy plan, as determined by the City Arborist, is required before the issuance of a certificate of occupancy or final plat approval.

10.

All tree protection, planting and maintenance activities must be completed in accordance with the standards set forth in the Tree Conservation Manual.

D.

Tree Canopy Cover Requirements

1.

Tree canopy cover is required on all properties in connection with development activity as a condition of development.

2.

The amount of tree canopy cover required on a lot as a condition of development will be the amount currently existing or the minimum amount set forth in Table 11.1.2.C, whichever is less. Canopy coverage must be met with existing trees to remain on site or a combination of existing trees and newly planted trees. Existing trees must make up at least one-third of the required canopy coverage.

3.

In subdivision developments, tree canopy cover requirements apply to both the entire development and to each lot within the development.

4.

Trees must be conserved for tree canopy cover credit in accordance with the requirements that follow:

a.

Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements.

b.

Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, may be eligible for tree canopy cover credit if the trees meet the minimum quality standards as established in the most current ANSI Z60.1 American Standard for Nursery Stock.

c.

Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times.

d.

On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements must be passively protected throughout their lives.

e.

Since the structural root plate is the area of rapid tapering roots supporting the vertical weight of the tree, any damage to the structural root plate will put the tree at high risk for failure and may require the tree to be removed as determined by the Director.

5.

Tree Planting for Canopy Credit

a.

When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees is required.

b.

A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the Tree Conservation Manual.

E.

Required Tree Locations

1.

Rural Viewsheds

a.

Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed will be eligible for tree canopy cover credit.

b.

For minor subdivisions and individual undeveloped residential properties, the conservation of trees within the first 60 feet of road frontage from an exterior street are eligible for a bonus of 20% additional square feet of tree canopy cover credit. Disturbance within the rural viewshed, must follow the requirements set forth in the zoning ordinance.

c.

Trees must be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the Director if the design meets the purpose and intent of the tree ordinance.

2.

Road Frontages

a.

In all new developments, street trees are required along road frontages on private property.

b.

Trees must have a caliper of at least 3 to 4 inches and at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the City Arborist.

c.

Trees must be selected from the tree species list.

d.

Street tree requirements may be met with either conserved or planted trees.

e.

For planted street trees, the amount of available growing space above and below ground will dictate which tree species may be planted as set forth in the Tree Conservation Manual.

f.

Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage must be planted.

g.

Street trees may be planted on the City street right-of-way as follows:

i.

If adequate growing space does not exist within the private property road frontage, but does exist within the City street right-of-way, if approved by both the Community Development Director and Public Works Director.

ii.

If required by the zoning district.

See Sec. 10.4.8 (Street Trees) for additional requirements in rights-of-way.

3.

Parking Lots

a.

Parking lot landscaping must conform to Sec. 9.1.5.D (Parking Lot Landscaping) and to the requirements of the Tree Conservation Manual. Where differences between the provisions exist, the more restrictive provisions prevail.

b.

Trees must have a caliper of at least 3 inches and be selected from the tree species list.

c.

Trees must be evenly distributed throughout the parking lot to maximize tree functions and benefits.

d.

There must be at least one very wide or wide canopy tree for every sixth parking space. No parking space may be more than 60 feet from the trunk of a tree.

e.

Trees in the very narrow tree canopy size class are not eligible for tree canopy cover credit in parking lots. At least 75% of the trees planted to meet parking lot tree canopy requirements must be trees in the very wide or wide tree canopy size classes.

f.

All trees planted within parking areas or otherwise surrounded by pavement must have a minimum amount of open soil surface in accordance with the standards set forth in the Tree Conservation Manual.

g.

In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50% if permeable pavement is used or up to 30% if structural soils or suspended pavement are used.

h.

Light poles and trees must not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature.

i.

Stormwater runoff into parking lot landscape islands may be permitted upon approval by the City Arborist if the design meets the intent and purpose of the tree ordinance.

4.

Landscape Strips

a.

Landscape strips are required as set forth in this UDC and the below requirements. Where differences between the provisions exist, the more restrictive provision prevails.

b.

Trees must have a caliper of at least 3 to 4 inches.

c.

Trees within required landscape strips must be provided as follows:

i.

In landscape strips 25 feet wide or less, a minimum of one tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the City Arborist.

ii.

In landscape strips greater than 25 feet wide, a minimum of one tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the City Arborist.

iii.

Clumping is permitted to create a more natural-looking landscape.

iv.

All required landscape strips must be designed with at least 60% tree canopy cover with no more than 40% cover in grass or ground cover.

v.

All species within required landscape strips must be ecologically compatible with the growing site.

vi.

Trees in the very narrow or narrow tree canopy size class in the tree species list must not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes.

vii.

No permanent structures are permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc.

viii.

Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the City Arborist that their placement is consistent with the purpose and intent of this tree ordinance.

ix.

Curb stops must be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required.

x.

Signs within required landscape strips are subject to the approval of the Director and may only be located in areas of turf or groundcover and must not conflict with the growing space designated for trees and shrubs.

xi.

The deposition of stormwater runoff into drainage swales through landscape strips is not allowed. Exceptions will be considered by the City Arborist only if this standard will create an undue hardship to the property owner. Unless approved by the City Arborist, the width of a drainage easement through a landscape strip must not exceed the width of the strip.

xii.

When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the City Arborist and may be approved if the design meets the intent and purpose of the tree ordinance.

5.

Buffers

a.

Buffers required by Article 8 Use Standards, Article 6 Special Purpose Districts, and otherwise in this UDC must provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted.

b.

Required buffers must remain undisturbed and actively protected for the duration of the permitted use for the site.

c.

Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

d.

Trees approved for planting in buffers must be primarily slow growing evergreen trees selected from the tree species list and are subject to the approval of the City Arborist; up to 15% of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list.

e.

Trees must be at least 6 feet high at time of planting, with branching all the way to the ground required for evergreen trees.

f.

The number of planting rows for trees in buffers must be determined by the buffer width, as set forth in Table 11.1.3.E.

Table 11.13.E. Minimum Buffer Rows by Width

g.

Alternative screening design may be submitted in lieu of Table 11.13.E, subject to approval of the Director. When alternative screening design is used, the buffer must provide as much or more year-round visual screening as the otherwise required buffer would. The alternative screening must also be planted as approved by the Director.

h.

Drainage through buffers is subject to the approval of the Director.

i.

Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not allowed unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable.

j.

All buffers require a 10-foot improvement setback interior to the buffer.

k.

No grading is allowed in the improvement setback unless permission is obtained from the Director.

l.

Signs are not allowed within required undisturbed buffers.

F.

Landscape Performance Bond

1.

When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond must be issued to the City.

2.

The amount of the bond must be equal to 125% of the total cost to purchase and install the trees and landscape plants based on the average of three written estimates provided by the applicant.

3.

The planting of trees and landscape plants covered by a landscape performance bond must be completed within one year of the issuance of the bond.

4.

If tree planting is not completed within one year of the issuance of the bond, the City may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank.

5.

Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond must be returned.

G.

Certificate of Occupancy and Final Plat Approval

1.

A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met:

a.

Applicant meets all tree ordinance requirements.

b.

Lot conforms to all aspects of the tree canopy plan.

c.

All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, other UDC provision, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank.

d.

Required payments have been made to the tree canopy fund.

e.

Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid.

f.

All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed.

2.

A temporary certificate of occupancy may be granted by the Director before all trees have been planted if a landscape performance bond has been issued to the City.

H.

Alternative Compliance

1.

Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the Director in accordance with the provisions of this Sec. 11.1.3.H (Alternative Compliance).

2.

Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance.

3.

Alternative compliance must be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit.

4.

Planting trees off-site in a tree bank for a maximum of one-half of the tree canopy cover requirement or tree replacement requirement may be approved.

5.

The City must maintain a list of registered tree bank sites, which may include open space on City property or on developed, private property.

6.

Owners of developed properties with at least 8,000 square feet of open space may apply to the City to have their open space registered as a tree bank under the conditions set forth in the Tree Conservation Manual.

7.

The use of the tree bank must be approved by the Director under the following conditions:

a.

The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the City Arborist; and

b.

A registered tree bank site is available with enough space to accommodate the trees and their required growing space.

8.

Applicants wishing to plant trees off-site must execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum:

a.

Applicant's name and contact information.

b.

Number of trees to be planted by species and caliper.

c.

Planting schedule, including projected start and completion dates.

d.

Name and contact information for applicant's agent who will be responsible for the planting of trees on the tree bank site.

e.

Commitment to maintain the property in the condition in which it was found before the planting operation.

9.

Trees planted in tree banks must meet all the same requirements as for trees planted on-site.

10.

A tree planting and maintenance plan developed and submitted by the applicant is required.

11.

The applicant is responsible for the planting of trees off-site in a tree bank.

12.

The registered tree bank owner is responsible for the required maintenance and protection of tree bank trees.

13.

The area planted or conserved as a tree bank must remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the City Arborist.

14.

The removal of trees within a tree bank requires a tree removal permit.

15.

A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third of the tree canopy cover requirement or tree replacement requirement must be approved by the Director under the following conditions:

a.

The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner's ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and

b.

No tree bank location is available for the planting of trees off-site.

16.

Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value specified in the City fee schedule.

I.

Tree Canopy Fund

1.

There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities.

2.

In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund also receives as revenue:

a.

Donations for tree program activities.

b.

Fees collected for alternative compliance to the tree ordinance.

c.

Fees for violations of the tree ordinance.

3.

Tree canopy funds may be expended for:

a.

The purchase, planting, and maintenance of trees on City property; and

b.

Community forestry management activities conducted by the City to sustain, increase, and improve tree canopy cover.

J.

Timber Harvesting

1.

For lots greater than 2 acres, a timber harvesting notification is required and must be submitted to the Director before any timber harvesting may start.

2.

A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur is required in all zoning districts.

3.

The clearcutting of timber is allowed in agricultural districts only.

4.

Thinning is allowed in all zoning districts and land uses.

5.

Except in agricultural districts, an approved tree canopy plan is required before timber harvesting may start.

6.

No development permits may be issued for a lot for 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification.

7.

When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements apply:

a.

The tree canopy plan must show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees.

b.

The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting.

c.

The conservation of specimen trees and heritage trees is required, and all specimen and heritage trees conserved must be actively protected during timber harvesting operations in accordance with the standards set forth in the Tree Conservation Manual.

8.

Stump removal or grading is prohibited as part of normal timber harvesting operations that are not related to development.

9.

Clearcutting, thinning or land disturbance is not allowed within state water or wetland buffers.

10.

Compliance with the soil erosion and sedimentation control ordinance is required.

11.

Timber harvesting operations must comply with the most current Georgia's Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission.

A.

Purpose

The purpose of this Sec. 11.2 is to protect, maintain and enhance the public health, safety, environment, and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

B.

Applicability

This Sec. 11.2 applies to all areas of special flood hazard within the City.

C.

Designation of Administrator

The Director is hereby appointed to administer and implement the provisions of this Sec. 11.2.

D.

Basis for Area of Special Flood Hazard; Flood Area Maps and Studies

For the purposes of defining and determining areas of special flood hazard, areas of future-conditions flood hazard, areas of shallow flooding, base flood elevations, floodplains, floodways, future-conditions flood elevations, future-conditions floodplains, potential flood hazard or risk categories as shown on Flood Insurance Rate Maps (FIRM), and other such terms used in this Sec. 11.2, the following documents and sources may be used for such purposes and are adopted by reference thereto:

1.

The Flood Insurance Study (FIS) for Fulton County, latest edition, with accompanying maps and other supporting data and any revision thereto.

2.

Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100-year floodplain include:

a.

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

b.

Any base flood study authored by a licensed professional engineer in the state which has been prepared by Federal Emergency Management Authority (FEMA) approved methodology and approved by the Director.

3.

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

a.

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

b.

Any future-conditions flood study authored by a licensed professional engineer in the state which has been approved by FEMA approved methodology approved by the Director.

4.

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at Milton city hall.

E.

Conflicts

This Sec. 11.2 is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this Sec. 11.2 are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this Sec. 11.2 imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment will control.

F.

Warning and Disclaimer of Liability

1.

The degree of flood protection required by this Sec. 11.2 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes.

2.

This Sec. 11.2 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.

3.

This Sec. 11.2 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 Sec. 11.2 or any administrative decision lawfully made hereunder.

A.

Violation Subject to Equitable Relief

Any action or inaction which violates the provisions of this Sec. 11.2 or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this division. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described in Sec. 11.2.2.C shall not prevent such equitable relief.

B.

Notice of Violation

1.

Required

If the Director determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this Sec. 11.2, they must issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Sec. 11.2 without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

2.

Contents

The notice of violation must contain:

a.

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

b.

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

c.

A statement specifying the nature of the violation.

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan, or this Sec. 11.2, and the date for the completion of such remedial action.

e.

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

f.

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

C.

Penalties

1.

If the remedial measures described in the notice of violation are not completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

2.

Before taking any of the following actions or imposing any of the following penalties, the Director must first notify the applicant or other responsible person in writing of its intended action, and must provide a reasonable opportunity, of not less than ten days (except in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice will be sufficient) to cure such violation.

3.

If the applicant or other responsible person does not cure such violation after such notice and cure period, the Director may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Stop Work Order. The Director may issue a stop work order which must be served on the applicant or other responsible person. The stop work order will remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation.

b.

Withhold Certificate of Occupancy. The City may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation described therein.

c.

Suspension, Revocation, or Modification of Permit. The City may suspend, revoke, or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation described therein; provided such permit may be reinstated (upon such conditions as the Director may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

d.

Civil Penalties. If the applicant or other responsible person does not take the remedial measures described in the notice of violation or otherwise does not cure the violations described therein within ten days, or such greater period as the Director deems appropriate, except, that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice will be sufficient, after the City or Department has taken one or more of the actions described in Sec. 11.2.2.C.3.a (Stop Work Order) through Sec. 11.2.2.C.3.c (Suspension, Revocation, or Modification of Permit), the City may impose a penalty not to exceed $1,000.00 per day (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

e.

Criminal penalties. For intentional and flagrant violations of this Sec. 11.2, the Director may issue a citation to the applicant or other responsible person, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 per day or imprisonment for 60 days, or both. Each act of violation and each day upon which any violation occurs will constitute a separate offense.

A.

Application Required

1.

No owner or developer shall perform any development activities on a site where an area of special flood hazard is located without first meeting the requirements of this Sec. 11.2 before starting the proposed activity.

2.

Unless specifically excluded by this Sec. 11.2, any owner or developer desiring a permit for a land development activity shall submit to the City a permit application on a form provided by the City for that purpose.

3.

No permit will be approved for any development activities that do not meet the requirements, restrictions, and criteria of this Sec. 11.2.

4.

The applicability of any exclusion available hereunder to any requirement of this Sec. 11.2 shall be subject to the predetermination of the Director before starting the proposed activity. The City must provide an administrative process for private property owners to request and receive a determination by the Director regarding the applicability of any exclusion that may be available to limit in any way the requirements of this subsection. Such determination must be provided to the property owner requesting it a no cost. If a private property owner does not avail themselves of the administrative process identified in this subparagraph (Sec. 11.2.3.A.4) and takes independent action as if they were exempted from some or all the requirements of this Sec. 11.2 without a predetermination having been made, the property owner will be deemed to have forfeited their right to pursue such an available administrative remedy and the City shall have all enforcement options available under law, including, but not limited to, a 5-year hold on an approval of any building permit or land disturbance permit for the subject property. In addition, if some or all the requirements related to the exclusion(s) of this Sec. 11.2 are not implemented, the City shall have all enforcement options available under law, including but not limited to, a five-year hold on an approval of any building permit or land disturbance permit for the subject property.

B.

Floodplain Management/Flood Damage Prevention Plan Requirements

1.

An application for a development project with any area of special flood hazard located on the site will be required to include a floodplain management/flood damage prevention plan. This plan must include the following items:

a.

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

i.

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

ii.

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

iii.

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

iv.

Proposed locations of drainage and stormwater management facilities.

v.

Proposed grading plan.

vi.

Base flood elevations and future-conditions flood elevations.

vii.

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

viii.

If applicable, the location of the floodway.

ix.

Certification of the information contained in (i) through (viii) above by a licensed professional engineer or surveyor.

b.

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

i.

Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures.

ii.

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

iii.

Certification that any proposed nonresidential floodproofed structure meets the criteria in Sec. 11.2.5.B.2.

iv.

For enclosures below the base flood elevation, location and total net area of foundation openings as required in Sec. 11.2.5.A.5.

v.

Design plans certified by a licensed professional engineer or architect for all proposed structures.

c.

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

d.

Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all other computations and other information similar to that presented in the Flood Insurance Study (FIS) for Fulton County, latest edition.

e.

Copies of all applicable state and federal permits necessary for proposed development.

f.

All appropriate certifications required under this Sec. 11.2.

2.

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

C.

Construction Stage Submittal Requirements

1.

Certificates Required

a.

For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder must provide the Director with the following certificates:

i.

A certified as-built elevation certificate or floodproofing certificate for nonresidential construction including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed.

ii.

A final elevation certificate shall be provided after completion of construction including final grading of the site.

iii.

Any lowest floor certification made relative to mean sea level must be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same.

b.

When floodproofing is utilized for nonresidential structures, said certification must be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same using the FEMA Floodproofing Certificate. This certification must also include the design and operation/maintenance plan to assure the continued viability of the floodproofing measures.

2.

Any work undertaken before approval of these certifications will be at the permit holder's risk. The Director must review the certification data referenced in Sec. 11.2.3.C.1.a when submitted. Deficiencies detected by such review must be corrected by the permit holder immediately and before further work being allowed to proceed.

3.

Failure to submit certification or failure to make the required corrections shall be cause to issue a stop work order for the project.

D.

Duties and Responsibilities of the Director

Duties of the Director include, but are not limited to:

1.

Review of all development applications and permits to ensure that the requirements of this Sec. 11.2 have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding.

2.

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including, but not limited to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344, and are provided and maintained on file.

3.

When base flood elevation data or floodway data have not been provided, then the Director shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to meet the provisions of Sec. 11.2.4 and Sec. 11.2.5.

4.

Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures.

5.

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

6.

When floodproofing is utilized for a non-residential structure, the Director shall review the design and operation/maintenance plan and obtain certification of design criteria from a licensed professional engineer or architect.

7.

Notify affected adjacent communities and the Department of Natural Resources (DNR) before any alteration or relocation of a watercourse and submit evidence of such notification to FEMA.

8.

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (i.e., where there appears to be a conflict between a mapped boundary and actual field conditions) the Director must make the necessary interpretation. Any person contesting the location of the boundary must be given a reasonable opportunity to appeal the interpretation as provided in this Sec. 11.2. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps.

9.

All records pertaining to the provisions of this Sec. 11.2 must be maintained in the office of the Director and must be open for public inspection.

10.

Coordinate all FIRM revisions with DNR and FEMA.

11.

Review variance applications and make recommendations to the Board of Zoning Appeals.

A.

Boundaries Defined

1.

Floodplain

Studied "A" zones, as identified in the FIS, must be used to establish base flood elevations whenever available. For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations shall be produced from equivalent FIS data by the applicant. If future-conditions elevation data is not available from FIS, then it must be determined by a licensed professional engineer using a method approved by FEMA and the City.

2.

Floodway

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

B.

General Standards

1.

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

a.

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

b.

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

c.

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

d.

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

2.

Any development within the future-conditions floodplain allowed under Sec. 11.2.4.B.1 must also meet the following conditions:

a.

Compensation for storage capacity must occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average groundwater table elevation and the future-conditions flood elevation for the future-conditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment.

i.

Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage.

ii.

In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (predevelopment) stream channel unless such excavation results from the widening or relocation of the stream channel.

b.

Cut areas must be stabilized and graded to a slope of at least 2.0%.

c.

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

d.

Verification of no-rise conditions (less than 0.01 foot), flood storage volumes, and flow characteristics must be provided via a step-backwater analysis meeting the requirements of Sec. 11.2.4.C.3.b.

e.

Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, must be located and constructed to minimize or eliminate infiltration or contamination from floodwaters.

f.

Any significant physical changes to the base flood floodplain must be submitted as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable.

i.

The CLOMR submittal shall be subject to approval by the Director using the FEMA community concurrence consent forms before forwarding the submittal package to FEMA for final approval.

ii.

The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant.

iii.

Within six months of the completion of development, the applicant must submit as-built surveys for a final letter of map revision (LOMR).

C.

Engineering Study Requirements for Floodplain Encroachments

An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and floodways, for which the provision of Sec. 11.2.5.D apply.

1.

This study must be prepared by a currently licensed professional engineer in the state and made a part of the application for a permit.

2.

This information must be submitted to and approved by the Director before the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain.

3.

Such study must include:

a.

A description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development.

b.

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

c.

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

d.

A preliminary plat, grading plan, or site plan, as appropriate, which clearly defines all future-conditions floodplain encroachments.

D.

Floodway Encroachments

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

1.

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

2.

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

3.

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

E.

Maintenance Requirements

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

A.

General Requirements

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

1.

New construction and substantial improvements (residential or nonresidential), including manufactured homes, are not allowed within the limits of the future-conditions floodplain unless all requirements of Sec. 11.2.4.B and Sec. 11.2.4.C have been met.

2.

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

3.

New construction and substantial improvements must be constructed with materials and utility equipment resistant to flood damage.

4.

New construction and substantial improvements must be constructed by methods and practices that minimize flood damage.

5.

Elevated buildings. All new construction and substantial improvements that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls must be designed so as to be an unfinished or flood-resistant enclosure. The enclosure must be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.

a.

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

i.

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

ii.

The bottom of all openings must be no higher than one foot above grade.

iii.

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

b.

So as not to violate the "lowest floor" criteria of this subsection (Sec. 11.2.5), the unfinished or flood-resistant enclosure shall solely be used for the parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area.

c.

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

6.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities must be designed and/or located 3 feet above the base flood elevation or one foot above the future conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding.

7.

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

8.

All proposed development must include adequate drainage and stormwater management facilities per the requirements of the City to reduce exposure to flood hazards.

9.

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

10.

New and replacement sanitary sewerage systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

11.

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

12.

Other public utilities such as gas and electric systems must be located and constructed to avoid impairment to them, or public safety hazards from them, during flooding.

13.

Any alteration, repair, reconstruction, or improvement to a structure which is not compliant with the provisions of this subsection (Sec. 11.2.5), shall be undertaken only if the nonconformity is not furthered, extended or replaced.

14.

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

15.

When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure must meet the requirements of this Sec. 11.2.

16.

Subdivision proposals and other proposed new development must be reasonably safe from flooding:

a.

All such proposals must be consistent with the need to minimize flood damage within the flood-prone area.

b.

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

c.

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

B.

Structures and Buildings within the Future-Conditions Floodplain

1.

Residential Buildings

a.

New construction. New construction of principal residential structures is not allowed within the limits of the future-conditions floodplain unless all requirements of Sec. 11.2.4.B and Sec. 11.2.4.C have been met. If all the requirements of Sec. 11.2.4.B and Sec. 11.2.4.C have been met, all new construction must have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 11.2.5.A.5.

b.

Substantial improvements. Substantial improvement of any principal residential structure must have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is highest. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 11.2.5.A.5.

2.

Nonresidential Buildings

a.

New construction. New construction of principal non-residential structures is not allowed with the limits of the future-conditions floodplain unless all requirements of Sec. 11.2.4.B and Sec. 11.2.4.C have been met. If all of the requirements in Sec. 11.2.4.B and Sec. 11.2.4.C have been met, all new construction must have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 11.2.5.A.5. New construction that has met all of the requirements of Sec. 11.2.4.B may be floodproofed in lieu of elevation.

i.

The structure, together with attendant utility and sanitary facilities, must be designed:

a.

To be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher.

b.

With walls substantially impermeable to the passage of water.

c.

With structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

ii.

A licensed professional engineer or architect must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provision above, and must provide such certification to the Director using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan.

b.

Substantial improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH flood hazard zones may be authorized by the Director to be elevated or floodproofed. Substantial improvements must have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 11.2.5.A.5. Substantial improvements may be floodproofed in lieu of elevation.

i.

The structure, together with attendant utility and sanitary facilities, must be designed:

a.

To be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher.

b.

With walls substantially impermeable to the passage of water.

c.

With structural components having the capability of resisting the hydrostatic and hydrodynamic loads and the effect of buoyancy.

ii.

A licensed professional engineer or architect must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions contained in immediately above, and must provide such certification to the Director using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan.

3.

Accessory structures and facilities. Accessory structures and facilities (e.g., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of Sec. 11.2.4.B and Sec. 11.2.4.C and are permitted to be located within the limits of the future-conditions floodplain must be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with Sec. 11.2.5.A.5 and shall be anchored to prevent flotation, collapse, and lateral movement of the structure.

4.

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

a.

Be on the site for fewer than 180 days and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it:

i.

Is licensed;

ii.

Is on its wheels or jacking system;

iii.

Is attached to the site only by quick-disconnect type utilities and security devices; and

iv.

Has no permanently attached structures or additions; or

b.

Meet all the requirements for Residential Buildings - Substantial Improvements, including the anchoring and elevation requirements of subparagraph 3 above.

5.

Standards for Manufactured Homes

a.

New manufactured homes are not allowed to be placed within the limits of the future-conditions floodplain unless all requirements of Sec. 11.2.4.B and Sec. 11.2.4.C have been met. If all requirements of Sec. 11.2.4.B and Sec. 11.2.4.C have been met, all new construction and substantial improvement must have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 11.2.5.A.

b.

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

i.

The lowest floor of the manufactured home is elevated no lower than 3 feet above the level of the base flood elevation, or one foot above the future-conditions flood elevation, whichever is higher; or

ii.

The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

c.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement in accordance with standards of Sec. 11.2.5.A.

C.

Structures and Buildings Authorized Adjacent to the Future-Conditions Floodplain

1.

Residential buildings. For new construction and the substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, must be at least 3 feet above the base flood elevation or at least one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 11.2.5.A.

2.

Nonresidential buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, must be at least one foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Sec. 11.2.5.A. Non-residential buildings may be floodproofed in lieu of elevation.

D.

Residential Single-Lot Developments on Streams without Established Base Flood Elevations and Floodway (A-Zones)

1.

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

2.

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

a.

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

b.

In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements must have the lowest floor of the lowest enclosed area (including basement) elevated no less than 3 feet above the highest adjacent grade at the building site. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for floodprone enclosures in accordance with Sec. 11.2.5.A.

E.

Areas of shallow flooding (AO-Zones)

Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of 1 to 3 feet above ground, with no clearly defined channel. In these areas the following provisions apply:

1.

All new construction and substantial improvements of residential and nonresidential structures must have the lowest floor, including basement, elevated to no lower than one foot above the flood depth number in feet specified on the flood insurance rate map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least 3 feet above the highest adjacent grade. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided in accordance with standards of Sec. 11.2.5.A.;

2.

A new construction and substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one foot above the highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A licensed professional engineer or architect must certify that the design and methods of construction are in accordance with accepted standards of practice, and must provide such certification to the Director using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan; and

3.

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

F.

Subdivisions

1.

All subdivision proposals must identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data, and future-conditions flood elevation data;

2.

All residential lots in a subdivision proposal must have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required. Buildable area shall not be less than what is required for the zoning district.

3.

All subdivision plans must provide the elevations of proposed structures in accordance with Sec. 11.2.3.B.

A.

Board of Zoning Appeals Variance and Appeals Procedures

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who believes the proposed development activity would be inconsistent with the provisions of this Sec. 11.2:

1.

Requests for variances from the requirements of this Sec. 11.2 must be submitted to Director. All such requests shall be heard and decided in accordance with procedures to be published in writing by the City. At a minimum, such procedures must include notice to all affected parties and the opportunity to be heard.

2.

Any person adversely affected by any decision of the City has the right to appeal such decision to the Board of Zoning Appeals (as established by the City in accordance with the procedures to be published in writing by the Board of Zoning Appeals). At a minimum, such procedures must include notice to all affected parties and the opportunity to be heard.

3.

The Board of Zoning Appeals shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Director in the enforcement or administration of this Sec. 11.2. At a minimum, such procedures must include notice to all affected parties and the opportunity to be heard.

4.

Any person aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Superior Court of Fulton County, as provided in O.C.G.A. § 5-4-1.

5.

All decisions of the Fulton County Board of Zoning Appeals regarding properties located within the city limits before December 1, 2006, are hereby adopted and incorporated by reference. Such decisions of the Fulton County Board of Zoning Appeals will have the same legal effect as if they were decisions of the City Board of Zoning Appeals.

6.

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

7.

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Sec. 11.2 are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

8.

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

9.

In reviewing such requests, the City and Board of Zoning Appeals must consider all technical evaluations, relevant factors, and all standards specified in this and other subsections of this Sec. 11.2.

B.

Conditions for Granting

1.

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause;

b.

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

c.

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

2.

The provisions of this Sec. 11.2 are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances must only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

3.

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

4.

The Director must maintain the records of all variance actions, both granted and denied, and report them to the DNR and the FEMA upon request.

5.

Any person requesting a variance must, from the time of the request until the time the request is acted upon, submit such information and documentation as the City and Board of Zoning Appeals shall deem necessary for the consideration of the request.

6.

Upon consideration of the factors listed in subparagraphs B.1 through B.5 of this subsection and the purposes of this Sec. 11.2, the City and the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Sec. 11.2.

A.

Purpose and Intent

The purpose of this Sec. 11.3 is to protect the public health, safety, environment and general welfare through the regulation of nonstormwater discharges to the City separate storm sewer system to the maximum extent practicable as required by federal law. This Sec. 11.3 establishes methods for controlling the introduction of pollutants into the City separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Sec. 11.3 are to:

1.

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

2.

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

3.

Prevent nonstormwater discharges, generated from spills, inappropriate dumping, or disposal to the City separate storm sewer system; and

4.

Establish legal authority to conduct all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this Sec. 11.3.

B.

Conflicts

This Sec. 11.3 is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this Sec. 11.3 are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this Sec. 11.3 imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

A.

Prohibitions

1.

Failure to Comply

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Sec. 11.3. Any person who has violated or continues to violate the provisions of this Sec. 11.3 may be subject to the enforcement actions outlined in this Sec. 11.3, or may be restrained by injunction or otherwise abated in a manner provided by law.

2.

Emergency Situations

In the event the violation constitutes an immediate danger to public health or public safety, the Director is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and restore the property. The City is authorized to seek costs of the abatement as outlined in Sec. 11.3.2.E.

B.

Notice of Violation

1.

Authority to Issue

Whenever the Director finds that a violation of this Sec. 11.3 has occurred, the Director may order compliance by written notice of violation.

2.

Contents

The notice of violation must contain:

a.

The name and address of the alleged violator.

b.

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

c.

A statement specifying the nature of the violation.

d.

A description of the remedial measures necessary to restore compliance with this Sec. 11.3 and a time schedule for the completion of such remedial action.

e.

A statement of the penalty that shall or may be assessed against the person to whom the notice of violation is directed.

f.

A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within 30 days of service of notice of violation.

3.

Required Action

Such notice may require, without limitation:

a.

The performance of monitoring, analyses, and reporting.

b.

The elimination of illicit discharges and illegal connections.

c.

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

d.

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

e.

Payment of costs to cover administrative and abatement costs.

f.

The implementation of pollution prevention practices.

C.

Appeal

Any person receiving a notice of violation may appeal the determination of the City. The notice of appeal must be received within 30 days from the date of the notice of violation. A hearing on the appeal before the Director must take place within 15 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or its designee shall be final.

D.

Enforcement Measures Following Appeal

1.

Right of Entry

If the violation has not been corrected under the requirements identified in the notice of violation, or, in the event of an appeal, within 30 days of the decision of the appropriate authority upholding the decision of the Director, then the Director may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and restore the property.

2.

Refusal

It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the Director to enter upon the premises for the purposes set forth in Sec. 11.3.2.D.1.

E.

Abatement Costs, Protests, Liens

1.

Within 60 days after abatement of the violation, the property owner will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within 30 days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. No permit shall be issued for the property while such assessment remains outstanding.

2.

Any person violating any of the provisions of this Sec. 11.3 will become liable to the City by reason of such violation.

F.

Civil Penalties

If the alleged violator does not take the remedial measures described in the notice of violation or otherwise does not cure the violations described therein within ten days, or such greater period as the Director deems appropriate, and after the Director has taken one or more of the actions described in Sec.11.3.2.D, the Director may impose a penalty not to exceed $1,000.00, depending on the severity of the violation, for each day the violation remains unremedied after receipt of the notice of violation.

G.

Criminal Penalties

For intentional and flagrant violations of this Sec. 11.3, the Director may issue a citation to the alleged violator requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person may be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days, or both. Each act of violation and each day upon which any violation occurs constitutes a separate offense.

H.

Violations Deemed Public Nuisances

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Sec. 11.3 is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

I.

Remedies not Exclusive

1.

The remedies listed in this Sec. 11.3 are not exclusive of any other remedies available under any applicable federal, state or local law and the Director may seek cumulative remedies.

2.

The Director may recover attorney's fees, court costs, and other expenses associated with enforcement of this Sec. 11.3, including sampling and monitoring expenses.

A.

Prohibitions

1.

Illicit Discharges

a.

No person shall throw, drain, or otherwise discharge, or cause or allow others under their control to throw, drain, or otherwise discharge into the City separate storm sewer system, any pollutants or waters containing any pollutants, other than stormwater.

b.

The following discharges are exempt from the prohibition provision contained in Sec. 11.3.3.A.1.a immediately above:

i.

Waterline flushing performed by a government agency.

ii.

Other potable water sources.

iii.

Landscape irrigation or lawn watering.

iv.

Diverted stream flows, rising groundwater, groundwater infiltration to storm drains.

v.

Uncontaminated pumped groundwater.

vi.

Foundation or footing drains (not including active groundwater dewatering systems).

vii.

Crawl space pumps.

viii.

Air conditioning condensation.

ix.

Springs, natural riparian habitat or wetland flows.

x.

Any other water source not containing pollutants.

xi.

Discharges or flows from firefighting.

xii.

Other discharges specified in writing, by the Director, as being necessary to protect public health and safety.

xiii.

Any nonstormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the state and the Federal Environmental Protection Agency; provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the City separate storm sewer system.

2.

Illegal Connections

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

a.

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

b.

A person violates this Sec. 11.3 if they connect a line conveying sewage to the City separate storm sewer system, or allow such a connection to continue.

c.

Improper connections in violation of this Sec. 11.3 must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Public Works Department.

d.

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

B.

Industrial or Construction Activity Discharges

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

C.

Right of Entry and Inspection

The Director is permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this Sec. 11.3.

1.

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

2.

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

3.

The Director has the right to set up on any property or facility such devices as are necessary in the opinion of the Director to conduct monitoring and sampling of flow discharges.

4.

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

5.

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

6.

Unreasonable delays in allowing the Director access to a facility is a violation of this Sec. 11.3.

7.

If the Director has been refused access to any part of the premises from which stormwater is discharged, and the Director is able to demonstrate probable cause to believe that there may be a violation of this Sec. 11.3, or that there is a need to inspect and sample as part of a routine inspection and sampling program designed to verify compliance with this Sec. 11.3 or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Director may seek issuance of a search warrant from any court of competent jurisdiction.

D.

Notification of Accidental Discharges and Spills

1.

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

2.

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

3.

In the event of such a release of hazardous materials, emergency response agencies and other appropriate agencies must be immediately notified.

4.

The failure to provide notification of a release as provided in Sec. 11.3.3.D.1 through Sec. 11.3.3.D.3 above is a violation of this subsection (Sec. 11.3.3).

A.

Definitions

Terms used in this Sec. 11.4 that are not defined in Article 13 shall be interpreted based on how such terms are defined and used in the latest edition of the Georgia Stormwater Management Manual, Technical Handbook, and its Appendices (GSMM) and the City's Municipal Separate Storm Sewer Systems (MS4) permit.

B.

Purpose and Intent

The purpose of this Sec. 11.4 is to protect, maintain and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment, and general welfare of the public, and protect water and aquatic resources. Additionally, the City is required to comply with several State and Federal laws, regulations, and permits and the requirements of the Metropolitan North Georgia Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff.

C.

Applicability

This Sec. 11.4 applies to the following activities:

1.

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

2.

Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or replaces 5,000 square feet or greater of new impervious cover area, or redevelopment that involves other land disturbing activities of one acre or more.

3.

New Development and redevelopment if:

a.

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

b.

The sum of all associated impervious cover area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceed the threshold in subparagraphs 1 and 2 above.

4.

Any commercial or industrial new development or redevelopment, regardless of size, that is a hotspot land use as defined in Article 13.

5.

Linear transportation projects that exceed the threshold in subparagraphs 1 and 2 above.

D.

Designation of Administrator

The Director is hereby appointed to administer and implement the provisions of this Sec. 11.4.

E.

Conflicts

This Sec. 11.4 is not intended to modify or repeal any other article, section, ordinance, rule, regulation, or other provision of law, including but not limited to any applicable stream buffers under state and local laws, and the Georgia Safe Dams Act and Rules for Dam Safety (O.C.G.A. §§ 12-5-370 to 12-5-385). The requirements of this Sec. 11.4 are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this Sec. 11.4 imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment controls.

F.

Adoption and implementation of the GSMM; conflicts and inconsistencies

1.

In implementing this Sec. 11.4, the City shall use and require compliance with all relevant design standards, calculations, formulas, methods, and other guidance from the latest edition of the GSMM (including all related appendices).

2.

In the event of any conflict or inconsistency between any provision in the City's MS4 permit and this Sec. 11.4, the provision from the MS4 permit controls.

3.

In the event of any conflict or inconsistency between any provision of this Sec. 11.4 and the GSMM, the provision from this Sec. 11.4 controls.

4.

If any provision of this Sec. 11.4 is invalidated by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this Sec. 11.4.

G.

Exemptions from stormwater management standards

1.

The applicability of any exemption available hereunder to any requirement of this Sec. 11.4 shall be subject to the predetermination of Director, before starting the proposed activity. The City shall adopt an administrative process for private property owners to request and receive a determination by the Director regarding the applicability of any exemption that may be available to limit in any way the requirements of this Sec. 11.4. Such determination must be provided to the property owner requesting it at no cost to the property owner. If a private property owner does not avail themselves of the administrative process identified in this Sec. 11.4.1.G and takes independent action as if they were exempted from some or all of the requirements of this Sec. 11.4 without a predetermination having been made, the property owner will be deemed to have forfeited their right to pursue such an available administrative remedy and the City shall have all enforcement options available under law, including but not limited to, a 5 year hold on approval of any building permit or land disturbance permit for the subject property. In addition, if some or all requirements related to the exclusion(s) of this Sec. 11.4 are not implemented, the City shall have all enforcement options available under law, including but not limited to, a five-year hold on approval of any building permit or land disturbance permit for the subject property.

2.

This Sec. 11.4 does not apply to the following activities:

a.

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

b.

Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement (this exemption does not negate the requirement to obtain right-of-way encroachments permits from the City nor does it negate the requirement to get utility locates).

c.

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

d.

Repairs to any stormwater management system deemed necessary by the Director.

e.

Agricultural practices as described O.C.G.A. § 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in Sec. 11.4.1.C.1 and Sec. 11.4.1.C.2.

f.

Silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in Sec. 11.4.1.C.1 and Sec. 11.4.1.C.2.

g.

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

h.

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

A.

Violations and enforcement

Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final Best Management Practice (BMP) landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to city code. To address a violation of this Sec. 11.4, the City shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits.

B.

Notice of Violation

1.

Required

If the City determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this Sec. 11.4, it must issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Sec. 11.4 without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

2.

Contents

The notice of violation must contain:

a.

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

b.

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

c.

A statement specifying the nature of the violation.

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this Sec. 11.4 and the date for the completion of such remedial action.

e.

A statement of the penalties that may be assessed against the person to whom the notice of violation is directed.

f.

A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within 30 days after the notice of violation, except that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice by the City shall be sufficient.

C.

Remedial Measures, Penalties

1.

Failure of Remedial Measures

If the remedial measures described in the notice of violation are not completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

2.

Notice for Failure to Cure Violation

Before taking any of the following actions or imposing any of the following penalties, the City must first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days, except, that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice shall be sufficient, to cure such violation.

3.

Penalty for Failure to Cure Violation

If the applicant or other responsible person does not cure such violation after such notice and cure period, the City may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Stop Work Order

The City may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein; provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation.

b.

Withhold Certificate of Occupancy

The City may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

c.

Suspension, Revocation, or Modification of Permit

The City may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein; provided such permit may be reinstated (upon such conditions as the City may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

d.

Civil Penalties

If the applicant or other responsible person does not take the remedial measures described in the notice of violation or otherwise does not cure the violations described therein within ten days, or such greater period as the City shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice shall be sufficient) after the City has taken one or more of the actions described in Sec. 11.4.2.C.3.a through Sec. 11.4.2.C.3.c the City may impose a penalty of $1,000.00, depending on the severity of the violation, for each day the violation remains unremedied after receipt of the notice of violation.

e.

Criminal Penalties

For intentional and flagrant violations of this Sec. 11.4, the City may issue a citation to the applicant or other responsible person, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days, or both. Each act of violation and each day upon which any violation occurs constitutes a separate offense.

D.

Maintenance by Owner of Stormwater Systems Predating Current GSMM

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

A.

Permit Application Requirements

1.

No owner or developer shall perform any land development activities without first meeting the requirements of this Sec. 11.4 before starting the proposed activity.

2.

Unless specifically exempted by this Sec. 11.4, any owner or developer proposing a land development activity must submit to the Director a permit application on a form provided by the Director for that purpose.

3.

Unless otherwise exempted by this Sec. 11.4, a permit application must be accompanied by the following information in order to be considered:

a.

Stormwater concept plan and consultation meeting certification in accordance with Sec. 11.4.3.B.

b.

Stormwater management plan in accordance with Sec. 11.4.3.C.

c.

Inspection and maintenance agreement in accordance with Sec. 11.4.3.D, if applicable.

d.

Performance bond or surety, if deemed applicable.

e.

Permit application and plan review fees in accordance with Sec. 11.4.3.F.

B.

Pre-submittal Meeting and Stormwater Concept Plan

1.

Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City.

2.

This pre-submittal meeting should take place based on early steps in the development process such as before site analysis and inventory (GSMM Section 2.4.2.4) or the stormwater concept plan (GSMM Section 2.4.2.5). The purpose of this meeting is to:

a.

Discuss the post-development stormwater management measures necessary for the proposed project.

b.

Discuss and assess constraints, opportunities and potential ideas for stormwater management designs before the formal site design engineering starts.

c.

Local watershed plans, the City greenspace projection plan (if applicable), and any relevant resource protection plans should be consulted in the pre-submittal meeting.

d.

Applicants must request a pre-submittal meeting with the City when applying for a Determination of Infeasibility through the Practicability Policy.

3.

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

a.

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

b.

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

c.

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

4.

The stormwater concept plan must contain:

a.

Common address and legal description of the site.

b.

Vicinity map.

c.

Existing conditions/proposed site layout mapping and plans, which illustrate at a minimum:

i.

Existing and proposed topography.

ii.

Perennial and intermittent streams.

iii.

Mapping of predominant soils from soil surveys (when available).

iv.

Limits of existing predominant vegetation and proposed limits of clearing and grading.

v.

Location and boundaries of other natural feature protection and conservation areas such as jurisdictional wetlands, lakes, ponds, floodplains, state waters, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.).

vi.

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

vii.

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

viii.

Preliminary estimates of unified stormwater sizing criteria requirements.

ix.

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

x.

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

xi.

Flow paths.

xii.

Location of the boundaries of the base flood floodplain, future conditions floodplain and the floodway (as applicable).

xiii.

Relationship of site to upstream and downstream properties and drainages.

xiv.

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

C.

Stormwater Management Plan Requirements

1.

The stormwater management plan must detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this Sec. 11.4, including the performance criteria set forth in Sec. 11.4.4.

2.

This plan must be in accordance with the criteria established in this Sec. 11.4 and must be submitted with the stamp and signature of a professional engineer (PE) licensed in the State of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the submittal checklists found in the stormwater design manual.

3.

The stormwater management plan must ensure that the requirements and criteria in this Sec. 11.4 are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. The plan must consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan must include all of the information required in the stormwater management site plan checklist found in the stormwater design manual.

4.

The applicant must provide a stormwater management plan that includes the natural resources inventory, site layout concept, initial pre- and post-drainage basins, total suspended solids (TSS) water quality spreadsheet site analysis, and first round stormwater management system BMP layout supported with a GSMM site TSS spreadsheet. The TSS spreadsheet analyses shall equal the permitted development area except areas within the developed site that are not disturbed and are not part of a water quality BMP drainage basin.

5.

The stormwater management plan must contain the items listed in this Sec. 11.4.3.C and be prepared under the direct supervisory control of either a registered Professional Engineer or registered Landscape Architect licensed in the State of Georgia. Sentences f, g, h, and i below must be sealed and signed by a registered Professional Engineer licensed in the State of Georgia. The overall site plan must be stamped by a design professional licensed in the State of Georgia for such purpose. (GSMM Section 2.4.2.7) The stormwater management plan must include:

a.

Common address and legal description of the site.

b.

Vicinity map.

c.

Natural resource inventory.

d.

Stormwater concept plan.

e.

Existing Condition Hydrologic Analysis.

i.

The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities, which must include:

a.

A topographic map of existing site conditions with the drainage basin boundaries indicated.

b.

Acreage, soil types and land cover of areas for each subbasin affected by the project.

c.

All perennial and intermittent streams and other surface water features.

d.

All existing stormwater conveyances and structural control facilities.

e.

Direction of flow and exits from the site.

f.

Analysis of runoff provided by offsite areas upstream of the project site.

g.

Methodologies, assumptions, site parameters and supporting design calculations used in snalyzing the existing conditions site hydrology.

ii.

For redevelopment sites, predevelopment conditions must be modeled using guidelines established by the Director for the portion of the site undergoing land development activities.

f.

Post-Development Hydrologic Analysis.

i.

A post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities must include:

a.

A topographic map of developed site conditions with the post-development drainage basin boundaries indicated.

b.

Total area of post-development impervious cover and other land cover areas for each subbasin affected by the project.

c.

Calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in Sec. 11.4.4.

d.

Location and boundaries of proposed natural feature protection and conservation areas.

e.

Documentation and calculations for any applicable site design credits that are being utilized.

f.

Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology.

ii.

If the land development activity on a redevelopment site constitutes more than 50% of the site area for the entire site, then the performance criteria in Sec. 11.4.4 must be met for the stormwater runoff from the entire site.

g.

Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system must include:

i.

A map and drawing or sketch of the stormwater management facilities, including:

a.

The location of nonstructural site design features and the placement of existing and proposed structural stormwater controls.

b.

The design water surface elevations.

c.

The storage volumes available from zero to maximum head.

d.

The location of inlet and outlets.

e.

The location of bypass and discharge systems.

f.

All orifice/restrictor sizes.

ii.

A narrative describing how the selected structural stormwater controls will be appropriate and effective.

iii.

Cross section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria.

iv.

A hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs).

v.

Documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Sec. 11.4.4.

vi.

Drawings, engineering design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements, including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow.

vii.

Where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and local greenspace protection plan.

h.

Post-development downstream analysis. A downstream peak flow analysis which includes the assumptions, results and supporting engineering calculations to show safe passage of post-development design flows downstream.

i.

Due to peak flow timing and runoff volume effects, some structural components of the stormwater management system fail to reduce discharge peaks to pre-development levels downstream from the site. The analysis of downstream conditions in the report must address each and every point or area along the project site's boundaries at which runoff will exit the property.

ii.

The analysis must focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area must extend downstream from the project to a point in the drainage basin where the project area is 10% of the total basin area in accordance with the GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system.

iii.

In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes.

iv.

The analysis must be in accordance with the stormwater design manual.

i.

Construction phase erosion and sedimentation control plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act or NPDES permit for construction activities. The plan must also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls.

j.

BMP landscaping and open space plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include:

i.

The arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan.

ii.

Information necessary to construct the landscaping elements shown on the plan drawings.

iii.

Descriptions and standards for the methods, materials and vegetation that are to be used in the construction.

iv.

Density of plantings.

v.

Descriptions of the stabilization and management techniques used to establish vegetation.

vi.

A description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved.

k.

Operations and maintenance (O & M) plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved.

i.

These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary.

ii.

The plan must include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access, and safety issues.

iii.

Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures must be included in the plan.

l.

Maintenance access easements. The applicant must ensure access from public right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist shall be recorded and shall remain in effect even with the transfer of title of the property.

m.

Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the City as provided in Sec. 11.4.3.D, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance Sec. 11.4.3.D.

n.

Evidence of the acquisition of applicable local and nonlocal permits. The applicant shall certify and provide documentation to the City that all other applicable environmental permits have been acquired for the site before approval of the stormwater management plan.

o.

Determination of infeasibility (if applicable).

6.

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

a.

As-built drawings.

b.

Hydrology reports.

c.

Current inspection of existing stormwater management structures with deficiencies noted.

d.

BMP landscaping plans.

D.

Inspection and Maintenance Agreements

Maintenance by Owner of Stormwater Management Systems Predating Current GSMM. For any stormwater management systems approved and built based on requirements predating the current GSMM and that are not otherwise subject to an inspection and maintenance agreement, such stormwater management systems must be maintained by the owner so that the stormwater management systems perform as they were originally designed.

1.

The components of the stormwater management system that will not be dedicated to and accepted by the City, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, must have an inspection and maintenance agreement to ensure that they continue to function as designed. All new development and redevelopment sites are to prepare a comprehensive inspection and maintenance agreement for the on-site stormwater management system. This plan must be written in accordance with the requirements in this Sec. 11.4.

2.

Before the issuance of any permit for a land development activity requiring a stormwater management facility or practice hereunder and for which the City requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site.

3.

The owner must execute an inspection and maintenance agreement with the City obligating the owner to inspect, clean, maintain, and repair the stormwater management system, including vegetation in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the form provided by the City or a City-approved alternate. After the inspection and maintenance agreement has been signed by the owner and the City, the owner must promptly record such agreement at the owner's cost in the real property records of Fulton County for all parcel(s) that make up the site.

4.

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

5.

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

a.

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

b.

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

6.

The City may refuse to accept dedication of any existing or future stormwater management facility if the Public Works Director determines that accepting the facility is not in the best interest of the City due to maintenance cost or other factors.

E.

Application Procedures - Submission and Approval; Issuance of Land Development Permit

1.

Applications for land disturbance development permits shall be filed with the Director. Before any person begins development on a site, the owner of the site must first obtain approval in accordance with the following procedure:

a.

File a land development permit applications with the City including:

i.

City application form.

ii.

Items in Sec. 11.4.3.A (Permit Application Requirements).

iii.

Two copies of the stormwater management plan.

iv.

Inspection and maintenance agreement.

v.

Certification that the development will be performed in accordance with the stormwater management plan once approved.

vi.

A preliminary determination of infeasibility prepared in accordance with the practicability policy (if applicable).

vii.

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

2.

The City must inform the applicant whether the application and supporting materials, stormwater management plan and inspection and maintenance agreement are approved or disapproved.

3.

If the permit application and supporting materials, are disapproved, the City must notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same for the Director to again consider and either approve or disapprove.

4.

Upon a finding by the City that the permit application and supporting documents meet the requirements of this Sec. 11.4, the City may issue a permit for the land development project provided all other legal requirements for the issuance of such permit have been met. The issuance of a land development, building or land disturbance permit in conjunction with a related inspection and maintenance agreement does not indicate or create an acceptance by the City of any inspection or maintenance responsibilities under the terms of said inspection or maintenance agreement.

5.

Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person shall be subject to the following requirements:

a.

The applicant must comply with all applicable requirements of the approved plan and this Sec. 11.4 and must certify that all land clearing, construction, land development and drainage will be done according to the approved plan.

b.

The land development project must be conducted only within the area specified in the approved plan.

c.

The City must be allowed to conduct periodic inspections of the project.

d.

No changes may be made to an approved plan without review and written approval by the City.

e.

Upon completion of the project, the applicant or other responsible person must submit the engineer's report and certificate and as-built plans required by Sec. 11.4.4.

F.

Fees

The fee for review of any stormwater management application shall be based on the fee structure established by the City and shall be made before the issuance of any building or land disturbance permit for the development.

G.

Modifications for Off-Site Facilities

1.

The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an offsite or regional facility.

a.

The off-site or regional facility must be:

i.

Located on property legally dedicated for the purpose.

ii.

Designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by onsite practices.

iii.

A legally obligated entity responsible for the long-term operation and maintenance of the offsite or regional stormwater facility.

b.

In addition, on-site measures must be implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the offsite facility.

2.

A stormwater management plan must be submitted to the City which shows the adequacy of the offsite or regional facility.

3.

To be eligible for a modification, the applicant must demonstrate to the satisfaction of the Director that the use of an offsite or regional facility will not result in the following impacts to upstream or downstream areas:

a.

Increased threat of flood damage to public health, life, and property;

b.

Deterioration of existing culverts, bridges, dams, and other structures;

c.

Excessive (damaging) streambank or streambed erosion or siltation;

d.

Degradation of in-stream biological functions or habitat;

e.

Water quality impairment in violation of state water quality standards, and violation of any state or federal regulations; or

f.

Premature loss of overbank trees, critical vegetation, or utilities.

A.

Stormwater Management Standards Applicability

1.

The design of the stormwater management system must be in accordance with the applicable sections of the GSMM as directed by the Director. Additionally, any design which proposes a dam must comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

2.

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

a.

Topography (min. 2-foot contours) and steep slopes (i.e., areas with slopes greater than 15%).

b.

Natural drainage divides and patterns.

c.

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

d.

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

e.

Predominant soils (including erodible soils and karst areas).

f.

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

g.

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

h.

Trout Stream Protection: Trout stream protection shall be provided by controlling temperature for receiving waters with trout stream designation. In streams designated as primary trout waters by the Wildlife Resources Division, there shall be no elevation of natural stream temperatures. In streams designated as secondary trout waters, there shall be no elevation exceeding 2°F of natural stream temperatures.

B.

Stormwater Runoff Quality/Reduction

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

All stormwater runoff generated from a site must be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:

1.

It is sized to treat the prescribed water quality treatment volume from the site, as defined in the GSMM. The TSS spreadsheet analyses for water quality requirements shall equal the permitted development area except areas within the developed site that not disturbed and not part of a water quality BMP drainage basin.

2.

For development with a stormwater management plan submitted before December 20, 2021, the applicant may choose either: (A) Runoff Reduction; or (B) Water Quality.

3.

For development with a stormwater management plan submitted on or after December 20, 2021, the applicant shall choose (A) Runoff Reduction and additional water quality shall not be required. To the extent (A) Runoff Reduction has been determined to be infeasible for all or a portion of the site using the Practicability Policy, then (B) Water Quality shall apply for the remaining runoff from a 1.2 inch rainfall event and must be treated to remove at least 80% of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM.

a.

Runoff Reduction - The stormwater management system must be designed to retain the first 1.0 inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable.

b.

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

4.

Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the GSMM.

5.

Runoff from hotspot land uses and activities identified by the City are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices.

C.

Stream Channel Protection

Protection of stream channels from bank and bed erosion and degradation must be provided by using all of the following three approaches:

1.

Preservation, restoration and reforestation (with native vegetation) of any applicable stream buffer.

2.

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

3.

Erosion prevention measures such as energy dissipation and velocity control.

D.

Overbank Flooding Protection

Downstream overbank flood and property protection must be provided by controlling the post-development peak discharge rate to the predevelopment rate for the 25-year, 24-hour return frequency storm event.

E.

Extreme Flooding Protection

Extreme flood and public safety protection must be provided by controlling the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated.

F.

Structural Stormwater Controls

1.

All structural stormwater management facilities must be selected and designed using the appropriate criteria from the GSMM. All structural stormwater controls must be designed appropriately to meet their intended function.

a.

For other structural stormwater controls not included in the GSMM, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the City before being included in the design of a stormwater management system.

b.

In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the City may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased nonpoint source pollution loads created on the site in question.

2.

Applicants must consult the GSMM for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control.

G.

Stormwater Credits for Nonstructural Measures

The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Sec. 11.4.4.B (Stormwater Runoff Quality/Reduction). The applicant may, if approved by the City, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement.

1.

For each potential credit, there is a minimum set of criteria and requirements which identify the conditions or circumstances under which the credit may be applied.

2.

The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the GSMM.

H.

Drainage System Guidelines

Stormwater conveyance facilities, which may include, but are not limited to, culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public rights-of-way and private properties adjoining project sites and/or public rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, must meet the following requirements:

1.

Methods to calculate stormwater flows shall be in accordance with the stormwater design manual.

2.

All culverts, pipe systems and open channel flow systems must be sized in accordance with the stormwater management plan using the methods included in the stormwater design manual.

3.

Design and construction of stormwater conveyance facilities must be in accordance with the criteria and specifications found in the stormwater design manual.

4.

Such stormwater conveyance systems must be contained within a permanent drainage easement.

I.

Dam Design Guidelines

Any land disturbing activity that involves a site which proposes a dam that applies to the Georgia Safe Dams Act and Rules for Dam Safety must comply with the Georgia Safe Dams Act and Rules for Dam Safety.

A.

Inspections During Construction

1.

Inspections

Periodic and annual inspections of the stormwater management system construction shall be conducted by the staff of the City or conducted and certified by a registered professional engineer in the state who has been approved by the City. Construction inspections must utilize the approved stormwater management plan for establishing compliance.

2.

Inspection Reporting

All inspections must be documented with written reports that contain the following information:

a.

The date and location of the inspection.

b.

Whether the storm management system construction complies with the approved stormwater management plan.

c.

Variations from the approved construction specifications.

d.

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

3.

Violations

If any variations or violations are found, the applicant must be notified in writing of the nature of the violation and the required corrective actions.

B.

Final Inspection; "As-Built" Plans Submitted

1.

Upon completion of a project, and before a final plat and certificate of occupancy shall be granted, the applicant is responsible for certifying that the stormwater management system is functioning properly and was constructed in accordance with the approved stormwater management plan and associated hydrologic analysis. All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed.

a.

The required certification must include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan.

b.

This certification and the required performance tests must be performed by a qualified person and submitted to the City with the request for a final inspection. The City shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.

2.

All applicants must submit actual "as-built" drawings to the City for all components of the stormwater management facilities or practices after final construction is completed.

3.

The as-built drawings must show the final design specifications and dimensions for all stormwater management facilities and practices and must be certified by a registered professional engineer in the state.

4.

A final inspection by the Director is required before the release of any performance securities can occur. Upon completion of the development, the applicant is responsible for:

a.

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

b.

Delivering to the City a signed inspection and maintenance agreement that has been recorded by the owner in the real property records of Fulton County for all parcel(s) that make up the site.

A.

Long-Term Maintenance Inspections

1.

Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this Sec. 11.4.

2.

A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the City shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement. The notice must specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City may correct the violation as provided in Sec. 11.4.6.D.

3.

Inspection Program.

a.

Inspection programs by the City may be established on any reasonable basis including, but not limited to:

i.

Routine inspections.

ii.

Random inspections.

iii.

Inspections based upon complaints or other notice of possible violations.

iv.

Joint inspections with other agencies inspecting under environmental or safety laws.

b.

Inspections may include, but are not limited to:

i.

Reviewing maintenance and repair records.

ii.

Sampling discharges, surface water, groundwater, and material or water in stormwater management facilities.

iii.

Evaluating the condition of stormwater management facilities and practices.

B.

Right-of-Entry for Maintenance Inspections

The terms of the inspection and maintenance agreement shall provide for the City to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Sec. 11.4 is occurring, or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Sec. 11.4 as provided according to the final plat "drainage note." If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the City shall have the right to enter and make inspections pursuant to the City's general provisions for property maintenance inspections.

C.

Records off Maintenance Activities and Maintenance by Owner of Stormwater Management Systems Predating Current GSMM

The parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the City when requested. For any stormwater management systems approved and built based on requirements predating the current GSMM and that are not otherwise subject to an inspection and maintenance agreement, such stormwater management systems must be maintained by the owner so that the stormwater management systems perform as they were originally designed.

D.

Owner's Failure to Maintain The Stormwater Management System

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

1.

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

2.

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

3.

Notice.

If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City, after 30 days' written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice shall be sufficient) may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition.

4.

Lien.

The City may assess the owner of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes.

A.

Findings

The City Council finds that buffers adjacent to state waters provide numerous benefits including:

1.

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

2.

Removing pollutants delivered in urban stormwater.

3.

Reducing erosion and controlling sedimentation.

4.

Protecting and stabilizing stream banks.

5.

Providing for the infiltration of stormwater runoff.

6.

Maintaining base flow of streams.

7.

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

8.

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

9.

Providing riparian wildlife habitat.

10.

Furnishing scenic value and recreational opportunity.

11.

Providing opportunities for the protection and restoration of greenspace.

B.

Purposes

The purpose of this Sec. 11.5 is to:

1.

Protect the public health, safety, environment and general welfare;

2.

Minimize public and private losses due to erosion, siltation and water pollution; and

3.

Maintain state water quality by provisions designed to:

a.

Create buffer zones along state waters within the City for the protection of water resources; and

b.

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

A.

General

This Sec. 11.5 applies to all land development activity on property containing a state water protection area as defined in Article 13. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations. When applying the provisions of this ordinance to buffer and setback requirements in protected small water supply watersheds, the effective date for these requirements shall be December 20, 2021.

B.

Grandfather Provisions

Except as provided in paragraph C below, this Sec. 11.5 does not apply to the following activities:

1.

Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before December 7, 2006.

2.

Existing development and ongoing land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements, and a predetermination of continuing applicability by the Director as required in Sec. 11.5.5.

3.

Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of December 7, 2006.

4.

Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved as of December 7, 2006.

C.

Exemptions

The following specific activities are exempt from this Sec. 11.5. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

1.

Activities for the purpose of building one of the following:

a.

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

b.

Public water supply intake or public wastewater outfall structures.

c.

Intrusions necessary to provide access to a property.

d.

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

e.

Unpaved foot trails and paths.

f.

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

2.

Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents, and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Sec. 11.5.2.C.1.

3.

Land development activities within a right-of-way existing at the time the ordinance from which this Sec. 11.5 is derived takes effect or approved under the terms of this Sec. 11.5.

4.

Within an easement of any utility existing at the time the ordinance from which this Sec. 11.5 is derived takes effect or approved under the terms of this Sec. 11.5, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to:

a.

Manholes;

b.

Vents; and

c.

Valve structures.

5.

Emergency work necessary to preserve life or property. However, when emergency work is performed under this Sec. 11.5, the person performing it shall report such work to the City on the first business day after starting the work. Within ten days thereafter, the person must apply for a permit and perform such work within such time period as may be determined by the City to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

6.

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

7.

After the effective date of the ordinance from which this Sec. 11.5 is derived, it applies to new subdividing and platting activities.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted in accordance with Sec. 11.5.7.B.

Any land disturbance or land development activity that may be allowed or permitted within a grandfathered area as described in Sec. 11.5.2.B above must be conducted in accordance with the following best management practices:

A.

Appropriate allowances must be made for any disturbance or development (e.g., structures, pools, walls, foundations) that encroaches into the 75-foot impervious setback or the 50-foot undisturbed City stream buffer.

B.

All paved surfaces within the 75-foot impervious setback or the 50-foot undisturbed City stream buffer shall be constructed of pervious materials.

C.

An approved sediment control barrier shall be installed as far as possible from the 25-foot undisturbed State buffer before beginning any construction.

D.

A drainage plan to treat and mitigate stormwater run-off shall be submitted to the Director for review and approval before beginning any construction.

E.

A landscape plan to revegetate the disturbed areas within the 50-foot undisturbed City stream buffer shall be submitted to the City Arborist for review and approval before beginning construction.

The applicability of any exemption available hereunder to any requirement of this Sec. 11.5, including those exemptions listed in Sec. 11.5.2.C above, shall be subject to the predetermination of the Director before starting the proposed activity. The City shall adopt an administrative process for private property owners to request and receive a determination by the Director regarding the applicability of any exemption that may be available to limit in any way the requirements of this Sec. 11.5. Such determination shall be provided to the property owner requesting it at no cost to the property owner. In the event a private property owner does not avail themselves of the administrative process identified in this subsection and takes independent action as if they were exempted from some or all of the requirements of this Sec. 11.5 without a predetermination having been made, the property owner shall be deemed to have forfeited their right to pursue such an available administrative remedy and the City shall have all enforcement options available under law, including but not limited to, a 5-year hold on an approval of any building permit or land disturbance permit for the subject property. In addition, if some or all the requirements related to the exclusion(s) of this Sec. 11.5 are not implemented, the City shall have all enforcement options available under law, including but not limited to, a 5-year hold on an approval of any building permit or land disturbance permit for the subject property.

A.

Violation Subject to Equitable Relief

Any action or inaction which violates the provisions of this Sec. 11.5 or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this subsection. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described Sec. 11.5.6.C shall not prevent such equitable relief.

B.

Notice of Violation

1.

Required

If the City determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this Sec. 11.5, it must issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Sec. 11.5 without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

2.

Contents

The notice of violation must contain:

a.

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

b.

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

c.

A statement specifying the nature of the violation.

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Sec. 11.5 and the date for the completion of such remedial action.

e.

A statement of the penalty that may be assessed against the person to whom the notice of violation is directed.

f.

A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within 30 days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice shall be sufficient).

C.

Remedial Measures, Penalties

1.

Failure of Remedial Measures

If the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the actions or penalties in Sec. 11.5.6.C.3, may be taken or assessed against the person to whom the notice of violation was directed.

2.

Notice of Violation and Cure Period

Before taking any of the actions or imposing any of the penalties in Sec. 11.5.6.C.3, the City must first notify the applicant or other responsible person in writing of its intended action, and must provide a reasonable opportunity, of not less than ten days (except that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice shall be sufficient), to cure such violation.

3.

Penalty for Failure to Cure Violation

If the applicant or other responsible person does not cure such violation after such notice and cure period, the City may take any one or more of the following actions or impose any one or more of the following penalties:

a.

Stop Work Order

The City may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation described therein; provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation.

b.

Withhold Certificate of Occupancy

The City may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

c.

Suspension, Revocation or Modification of Permit

The City may suspend, revoke, or modify the permit authorizing the land development project. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein; provided such permit may be reinstated (upon such conditions as the City may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

d.

Civil Penalties

If the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise does not cure the violations described therein within ten days, or such greater period as the City shall deem appropriate (except that in the event the violation constitutes an immediate danger to public health or public safety, a 24-hour notice shall be sufficient), after the City has taken one or more of the actions described in sentences a through c immediately above, the City may impose a penalty not to exceed $1,000.00, depending on the severity of the violation, for each day the violation remains unremedied after receipt of the notice of violation.

e.

Criminal Penalties

For intentional and flagrant violations of this Sec. 11.5, the City may issue a citation to the applicant or other responsible person, requiring such person to appear in the appropriate municipal, magistrate, or recorders court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

D.

Appeals

1.

To the Board of Zoning Appeals

Any person aggrieved by a decision or order of the Director may appeal in writing within 30 days after the issuance of such decision or order to the Board of Zoning Appeals and shall be entitled to a hearing before the Board of Zoning Appeals within 30 days of receipt of the written appeal.

2.

To Fulton County Superior Court

Any person aggrieved by a decision or order of the City, after exhausting all administrative remedies, shall have the right to appeal de novo to the Superior Court of Fulton County.

A.

Buffer and Setback

All land development activity subject to this Sec. 11.5 must meet the following requirements:

1.

An undisturbed natural vegetative buffer must be maintained for 50 feet, (or 100 feet in protected small water supply watersheds), measured horizontally, on both banks (as applicable) of the state waters as measured from the point of wrested vegetation.

2.

An additional setback must be maintained for 25 feet, (or 50 feet in protected small water supply watersheds) measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover is prohibited.

3.

No septic tanks or septic tank drain fields is allowed within the undisturbed natural vegetative buffer.

B.

Variance Procedures

Variances from the buffer and setback requirements stated in Sec. 11.5.7.A may be granted in accordance with the following provisions:

1.

Where a parcel was platted before the effective date of this Sec. 11.5, and its shape, topography or other existing physical condition prevents land development consistent with this Sec. 11.5, and the City finds and determines that the requirements of this Sec. 11.5 prohibit the otherwise lawful use of the property by the owner, the City Council may grant a variance from the buffer and setback requirements hereunder; provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel. The Board of Zoning Appeals may grant a variance from the buffer and setback requirements hereunder; provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

2.

Except as provided in the subparagraph 1 immediately above:

a.

The Board of Zoning Appeals shall grant no variance from any provision of this Sec. 11.5 without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Zoning Appeals.

b.

The City shall give public notice of each such public hearing in a newspaper of general circulation within the city.

c.

The City shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

d.

When a variance request is concurrent with a rezoning, use permit, or a modification application, it shall be considered by the City Council and must follow the process contained in Sec. 12.4.2.A.9 (Concurrent Variances).

e.

Variances will be considered only when:

i.

A property's shape, topography or other physical conditions existing at the time of the adoption of the ordinance from which this Sec. 11.5 is derived prevents land development unless a buffer variance is granted.

ii.

There are unusual circumstances and strict adherence to the minimal buffer requirements of this Sec. 11.5 would create an extreme hardship.

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

3.

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

a.

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

b.

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

c.

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

d.

Documentation of unusual hardship should the buffer be maintained.

e.

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

f.

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

g.

A stormwater management site plan, if applicable.

h.

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

4.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

5.

Any variance approved must be site-plan specific.

A.

Conflicts

This Sec. 11.5 is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this Sec. 11.5 should be considered the minimum requirements, and where any provision of this Sec. 11.5 imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

B.

Additional Standards Enforced by the City

1.

Metropolitan River Protection Act and Chattahoochee Corridor Plan

a.

The Metropolitan River Protection Act and Chattahoochee Corridor Plan require the following on perennial tributary streams in a corridor extending 2,000 feet from either bank of the river and its impoundments (all measured from the edge of the water):

i.

A 50-foot undisturbed vegetative buffer;

ii.

A 150-foot impervious cover setback on the Chattahoochee and its impoundments; and

iii.

A 35-foot undisturbed vegetative buffer.

b.

The corridor extends from Buford Dam to the downstream limits of the Atlanta region (Douglas and Fulton counties).

c.

Streams in the basin of the corridor are required to be protected by buffers, but no required width is specified (O.C.G.A. § 2-5-440, et seq.).

2.

Department of Natural Resources (DNR) Part 5 Criteria for Small (under 100 square miles) Water Supply Watersheds Authorized under Part V of the Georgia Planning Act of 1989, or its successors, require the following:

a.

A 100-foot undisturbed buffer and a 150-foot setback on all perennial streams within 7 miles upstream of a public water supply reservoir or public water supply intake.

b.

Beyond seven miles, the required buffer is 50 feet and the required setback is 75 feet.

c.

Equivalent protection measures can be adopted with approval from Georgia Department of Community Affairs and DNR.

d.

DNR Part 5 Criteria for River Protection Authorized under the 1991 Mountains and River Corridors Protection Act of 1991. These criteria require a 100-foot buffer along rivers with average annual flows of greater than 400 cubic feet per second (cfs), excepting the portion of the Chattahoochee referenced in Sec. 11.5.8.B.1.a. The buffer is measured from the top of the stream bank.

3.

Other such state and federal regulations as may be adopted from time to time.

a.

While the requirements of this Sec. 11.5 are intended to apply to all streams in the City, special conditions may exist that require greater protection. Nothing in this Sec. 11.5 should be construed as preventing the establishment of wider and more restrictive buffers and setbacks as required under any other existing or future legislation.

b.

In addition, nothing in this Sec. 11.5 should be construed as preventing the establishment of wider buffers for purposes of protecting greenspace, preserving habitat or other goals that may not be specifically mandated by legislation.

A.

Permit Application Contents

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

1.

A site plan showing:

a.

The location of all streams on the property and whether such streams are located within a protected small water supply watershed, which means they are subject to the 100-foot buffer plus 50-foot setback requirement.

b.

Limits of required stream buffers and setbacks on the property.

c.

Buffer zone topography with contour lines at no greater than 5-foot contour intervals.

d.

Delineation of forested and open areas in the buffer zone.

e.

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

2.

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

3.

Any other documentation that the City may reasonably deem necessary for review of the application and to ensure that the buffer zone ordinance is addressed in the approval process.

4.

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

B.

Responsibility

1.

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this Sec. 11.5 shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property.

2.

The issuance of any permit hereunder does not serve to impose any liability upon the City, its officers, or employees, for injury or damage to persons or property.

C.

Inspection

1.

Required. The City may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Director in making such inspections.

2.

Authority, Right of Entry. The City has the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Sec. 11.5, and for this purpose to enter at a reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

3.

Refusal. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.

A.

Authority and Title

This Sec. 11.6 is adopted pursuant to the authority and mandate of the Georgia Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1, et seq.), as amended. Certification by EPD authorizes the City as a local issuing authority. As a local issuing authority, the City is certified to provide and maintain an erosion control program which includes, but is not limited to, development plan review, permitting and erosion control enforcement. This Sec. 11.6 will be known as "The Milton Soil Erosion, Sedimentation and Pollution Control Ordinance."

B.

Intent

It is the intent of this Sec. 11.6 to establish soil erosion, sedimentation, and pollution control minimum requirements, standards, and enforcement procedures for land-disturbance activities in order to conserve and protect the environment, public health, and the general welfare of the City's citizens.

C.

Exemptions

This Sec. 11.6 applies 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," or its successors.

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 acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this Sec. 11.6; provided, however, that construction of any such residence must conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this Sec. 11.6.1.C.

5.

Agricultural operations, as defined in O.C.G.A. § 1-3-3, "definitions" include:

a.

The raising, harvesting, or storing of products of the field or orchard.

b.

Feeding, breeding, or managing livestock or poultry.

c.

Producing or storing feed for use in the production of livestock including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits.

d.

The production of poultry including, but not limited to, chickens, hens, turkeys, and ratites.

e.

Producing plants, trees, fowl, or animals.

f.

The production of aquaculture, horticultural, dairy, livestock, poultry, eggs, and apiarian products.

g.

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 Sec. 11.6.4.C.16 and Sec. 11.6.4.C.17, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices.

7.

Any project carried out under the technical supervision of the Natural Resource Conservation Service of the United States Department of Agriculture.

8.

Any project involving less than one acre of disturbed area; provided, however, that this exemption does not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this subsection, "state waters" exclude channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by subparagraphs 1 through 7, 9, or 10 of this Sec. 11.6.1.C.

9.

Construction or maintenance projects, or both, undertaken or financed, in whole or in part, or both, by GDOT, 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 GDOT or the state road and tollway authority which disturb one or more contiguous acres of land shall be subject to the provisions of O.C.G.A. § 12-7-7.1; except where GDOT, 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 City of Milton. The City shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6, and Sec. 11.6.4 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 electric 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 City shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 and Sec. 11.6.4 as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders.

11.

Any public water system reservoir.

A.

Authority

1.

Director. The Director 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 soil erosion and sedimentation.

2.

Primary, secondary and tertiary permittees regulated. The City regulates primary, secondary and tertiary permittees as such terms are defined in the state general permit.

a.

Primary permittees are responsible for the installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities.

b.

Secondary permittees are responsible for the installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities.

c.

Tertiary permittees are responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities.

3.

Notice, Contents. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein does not comply with the approved plan, with permit conditions, or with the provisions of this Sec. 11.6, a written notice to comply must be served upon that person. The notice must set forth the measures necessary to achieve compliance and must state the time within which such measures must be completed.

4.

Noncompliance. If the person engaged in the land-disturbing activity does not comply within the time specified, they shall be deemed in violation of this Sec. 11.6, and the Director shall take such additional actions as they deem appropriate.

B.

Authority to Investigate; Right of Entry

The Director has the power to conduct such investigations as they may deem reasonably necessary to carry out the duties prescribed in this Sec. 11.6 and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

C.

Unlawful to Refuse Entry or Obstruct, Hamper or Interfere with Inspection

No person shall refuse entry or access to any authorized representative or agent of the City, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his or her official duties.

D.

Display of Plan on Site Required

A copy of a current approved plan must be kept on site until project completion or issuance of certificate of occupancy.

E.

Periodic Review by the Fulton County Soil and Water Conservation District or the Georgia Soil and Water Conservation Commission

1.

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).

2.

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.

3.

The district or the commission shall notify the division and request an investigation by the division if any deficient or ineffective legal program is found.

4.

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

F.

Divisional Review for Compliance with State Regulations

1.

The Environmental Protection Division (EPD) of the Department of Natural Resources 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).

2.

Such review may include, but 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.

3.

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.

4.

The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority.

5.

If the county or municipality does not take the necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the county or municipality as a local issuing authority.

A.

Failure to Obtain a Permit for Land-Disturbing Activity; Citation

If any person starts any land-disturbing activity requiring a land-disturbing permit, as prescribed in this Sec. 11.6, without first obtaining said permit, the person shall be subject to the revocation of his or her business license, work permit, or other authorization to conduct any business and associated work activities within the City's jurisdictional boundaries. The failure to comply may result in a citation being issued to appear in municipal court, which may result in monetary fines.

B.

Stop Work Orders; Notice to Comply

1.

First and second violations; notice. For the first and second violations of the provisions of this Sec. 11.6, the Director shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director 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 shall issue an immediate stop work order in lieu of a warning.

2.

Three or more violations. For the third and each subsequent violation, the Director shall issue an immediate stop work order.

3.

Stop work orders remain in effect until the violation is cured. All stop work orders shall be effective immediately upon issuance and shall remain in effect until the necessary corrective action or mitigation has occurred.

4.

Posted notices; removal prohibited. It shall be unlawful for any representative of the owner to remove an official notice to comply or stop work posting.

a.

Upon the issuance of a stop work order, the Director shall post official notices at such locations on the project site as deemed appropriate.

b.

Such posted official notices must be prominently displayed on the owner's property until the stop work order is rescinded by the Director, at which time said posted notices will be removed by the Director.

c.

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 Director, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the Director.

d.

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.

e.

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, sediment and pollution controls.

C.

Reinspection Fee

The Director shall assess a minimum $50.00 reinspection fee to a project if a reinspection is requested prior to the end of a compliance period and the site is found to remain out of compliance upon that inspection. Such fees to cover administrative, field inspections, and transportation costs must be satisfied prior to the issuance of a final erosion inspection or a certificate of occupancy.

D.

Bond Forfeiture

1.

Posting; notice; contents. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan and permit, written notice to comply shall be served upon that person. The notice must set forth the measures necessary to achieve compliance with the plan and must state the time within which such measures must be completed.

2.

Failure to comply. If the person engaged in the land-disturbing activity fails to comply within the time specified, they shall be deemed in violation of this Sec. 11.6 and, in addition to other penalties, shall be deemed to have forfeited his or her performance bond, if required to post one per Sec. 11.6.5.B.7. The City may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance.

E.

Monetary Penalties

1.

Any person who violates any provision of this Sec. 11.6, or any permit condition or limitation established by this Sec. 11.6, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this Sec. 11.6 shall be liable for a civil penalty not to exceed $2,500.00 per day for each violation. For the purpose of enforcing the provisions of this Sec. 11.6, notwithstanding any provisions in the City Charter to the contrary, municipal courts are authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of City ordinances, any municipal court or any other court of competent jurisdiction trying cases brought as violations of this Sec. 11.6 under City ordinance approved under this Sec. 11.6 are authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which a violation or failure or refusal to comply continues shall be a separate violation.

2.

Upon violation of the provisions of this Sec. 11.6, the City shall be entitled to take such remedial action as the Director deems necessary to ensure compliance, and the violator shall reimburse the city for any cost or expense associated with such compliance efforts and the City shall be entitled to place a lien on the property to secure payment and reimbursement for these expenses.

3.

The Director has the primary responsibility for the enforcement of this Sec. 11.6.

4.

Persons designated by the Director are hereby authorized to issue official notices, citations, and summons charging violations under this Sec. 11.6, returnable to the State or City municipal court, or any other court of competent jurisdiction.

F.

Education and Certification

1.

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.

2.

For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Georgia Soil and Water Conservation 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.

3.

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 Sec. 11.6.

4.

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.

G.

Appeals

1.

Construction Board of Appeals; hearing. The suspension, revocation, modification, or grant with condition of a permit by the City upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any provision of this Sec. 11.6 shall entitle the person submitting the plan or holding the permit to a hearing before the Construction Board of Appeals within 45 days after receipt by the Director of written notice of appeal.

2.

Fulton County Superior Court. Any person aggrieved by a decision or order of the City, after exhausting his or her administrative remedies, shall have the right to appeal de novo to the Superior Court of Fulton County.

H.

Liability

1.

Neither the approval of a plan under the provisions of this Sec. 11.6, nor the compliance with provisions of this Sec. 11.6, shall relieve any person from responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City, the 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 Sec. 11.6 or the terms of the permit.

3.

No provision of this Sec. 11.6 shall permit any person 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.

A.

General

1.

Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if the requirements of the article and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this Sec. 11.6 shall contain provisions for an application of soil erosion, sedimentation and pollution control measures and practices. The provisions must be incorporated into the erosion, sedimentation, and pollution control plans.

2.

Soil erosion, sedimentation, and pollution control measures and practices must conform to the minimum requirements of Sec. 11.6.4.B and Sec. 11.6.4.C.

3.

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.

4.

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 Sec. 11.6 and the NPDES general permit.

B.

Minimum Requirements

1.

Properly designed defined. Best management practices as set forth in this Sec. 11.6.4.B and in Sec. 11.6.4.C. shall be required for all land-disturbing activities. Proper design, installation, and maintenance of BMPs shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with Sec. 11.6.4.B.2 (Violations) 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) of 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.

Violations. Each discharge of stormwater runoff from disturbed areas where BMPs have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by the City or of any state general permit issued by the division, pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge results and the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries, or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines issued by the Director. This Sec. 11.6.4.B 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 5 acres.

3.

Failure to properly design, install, or maintain BMPs shall constitute a violation of any land-disturbing permit issued by the City or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), 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 Georgia Board of Natural Resources, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

5.

The City may set more stringent buffer requirements than stated in Sec. 11.6.4.C.16 and Sec. 11.6.4.C.17 in light of O.C.G.A. § 12-7-6(c).

C.

To Comply with State General Permit

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 (BMPs), 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.

Proper erosion control measures must be installed along site boundaries prior to the stripping of vegetation, re-grading, and other development activities as deemed by the Director to minimize erosion.

2.

Cut-fill operations must be kept to a minimum.

3.

Development plans must conform to the 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 duration of exposure to erosive elements shall be kept to a practicable minimum.

6.

Disturbed soil shall be stabilized as quickly as practicable.

7.

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

8.

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

9.

To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps, construction exits or similar BMPs until the disturbed area is stabilized. As used in this Sec. 11.6.4.C, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this Sec. 11.6 and 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 must not endanger adjoining properties.

12.

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

13.

Migrated soil materials or soil materials displaced by mechanical means from land-disturbing sites to adjacent watercourses, such as lakes, ponds, streams, and creeks etc., must be remediated. The remedial work shall be conducted as per a remedial plan approved by the City of Milton.

14.

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.

15.

Land-disturbing activity plans for erosion sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in Sec. 11.6.4.B.2.

16.

Except as provided in Sec. 11.6.4.C.17, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except 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, or 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 ground water 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 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.

b.

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.

c.

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

i.

Stream crossings for water lines; or

ii.

Stream crossings for sewer lines.

17.

There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, of the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, 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 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 vegetation cover remains to protect water quality and aquatic habitat and natural canopy is left in sufficient quality 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 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

i.

Stream crossings for water lines; or

ii.

Stream crossings for sewer lines.

c.

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 Sec. 11.6.4.C.16 and this Sec. 11.6.4.C.17.

D.

No Presumption of Violation

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 in this Sec. 11.6 or the terms of the permit.

E.

Additional Requirements

Where the Director of the Environmental Protection Division or the Community Development Director finds, through inspection, that property owners have been adversely affected due to violations clearly identified by the Director of the Environmental Protection Division or the Community Development Director, or that the approved current plans do not adequately address the features of the site, the Director of the Environmental Protection Division or the Community Development Director can require additional BMPs, drawings, and revisions to comply with the minimum requirements as outlined in this subsection.

A.

General

1.

The property owner, developer, and designated planners and engineers must design and review the general development plans before submittal:

a.

The City must review the tract to be developed and the area surrounding it.

b.

The City must review other sections of this UDC, this Sec. 11.6, and any other ordinances, rules, regulations, or permits regulating land development in the City.

2.

However, the property owner and/or operator are the only parties who may obtain a permit.

B.

Application Requirements

1.

Prior to any land-disturbing activity, the property in question must be part of an approved and recorded legal lot of record (including, but not limited to, exemption plat, minor plat, or final plat). Additionally, no land-disturbing activity, including grading, excavating, filling, and foundation work, shall be conducted within the City, until a land-disturbance permit or a building permit (for those projects not requiring a land-disturbance permit under this article) shall have been issued by the Community Development Director allowing such activity, pursuant to the provisions herein provided. If a project is to be developed in phases, then a separate land-disturbance permit or building permit is required for each phase not to exceed 25-acre increments and the development sequence should be followed on all projects issued a land-disturbance permit.

2.

No person shall conduct any land-disturbing activity within the City's jurisdictional boundaries without first obtaining a permit from the Director to perform such activity and provide a copy of notice of intent submitted to Environmental Protection Division, if applicable.

3.

All developments, construction, improvements, utilities, and demolitions that occur within the City limits that disturb more than 5,000 square feet of land must submit an application for a land-disturbance permit.

4.

The application for a permit must be submitted to the Director and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans must include, as a minimum, the data specified Sec. 11.6.5.C, together with supporting data that demonstrate affirmatively that the land-disturbing activity proposed will be carried out in such a manner that the provisions of Sec. 11.6.5.C will be met. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's soil erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site before creating the plan in accordance with EPD Rule 391-3-7-10.

5.

A minimum fee, as set by the City Council, shall be charged for each acre, or fraction thereof, of the project area.

6.

In addition to the City's permitting fees, fees also will be assessed pursuant to O.C.G.A. § 12-5-23(a)(5); provided that such fees shall not exceed $80.00 per acre of land-disturbing activity and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid before issuance of the land-disturbance permit. Half of such fees levied shall be submitted to the Environmental Protection Division (EPD) of the Department of Natural Resources; 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 EPD, regardless of the existence of a local issuing authority in the jurisdiction.

7.

The City may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, before issuing the permit.

a.

If the applicant does not comply with this Sec. 11.6 or with the conditions of the permit after issuance, the City may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

b.

If a permit applicant has had two or more violations of previous permits, this Sec. 11.6, or the Erosion and Sedimentation Act, as amended, within three years before the date of filing the application under consideration, the City may deny the permit application.

c.

These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the City with respect to alleged permit violations.

8.

If applicable, immediately upon receipt of an application and plan for a permit, the City shall refer the application and plan to the Fulton County Soil and Water Conservation District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation, and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days will be considered an approval of the pending plan. The results of the district review shall be forwarded to the City. No permit will be issued unless the plan has been approved by the district, and any variances required by Sec. 11.6.4.C.16 and Sec. 11.6.4.C.17, and bonding, if required as per subparagraph 4 immediately above, have been obtained. Such review will not be required if the City and the District have entered into an agreement which allows the City to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days will be considered an approval of the revised plan submittal.

C.

Plan Requirements

1.

Plans must be prepared to meet the minimum requirements of Sec. 11.6.4.B and Sec. 11.6.4.C, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sedimentation Control in Georgia is hereby incorporated by reference into this Sec. 11.6. The plan for the land-disturbing activity shall consider:

a.

The interrelationship of the soil types.

b.

Geological and hydrological characteristics.

c.

Topography.

d.

Watershed.

e.

Vegetation.

f.

Proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities.

g.

Local ordinances and state laws.

2.

Data required for site plan.

a.

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.

3.

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 inspection 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.

D.

Permits

1.

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

2.

No permit shall be issued by the City unless the erosion sedimentation and pollution control plan has been approved by the district or by the City, and unless the City has affirmatively determined that the plan is in compliance with this Sec. 11.6, any variances required by Sec. 11.6.4.C.16 and Sec. 11.6.4.C.17 are obtained, bonding requirements, if necessary, per Sec. 11.6.5.B.7, are met and all ordinances and rules and regulations in effect within the boundaries of the City are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

3.

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

4.

The permit may be suspended, revoked, or modified by the City, as to all or any portion of the land affected by the plan, upon finding that the holder or his or her successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his or her successor in title is in violation of this Sec. 11.6. A holder of a permit shall notify any successor in title to him or her of the conditions contained in the permit as to all or any portion of the land affected by the approved plan.

5.

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

E.

City Compliance

Any land-disturbing activities by the City are subject to the same requirements of this Sec. 11.6, and any other sections relating to land development, as are applied to private persons and the division shall enforce such requirements upon the City.

A.

Required; Exception

The design professional referenced in the state general permit (except when the primary permittee has requested in writing and EPD has agreed to an alternative design professional) must inspect the installation of BMPs which the design professional designed within seven days after the initial construction activities commenced. The design professional shall determine if these BMPs have been installed and are being maintained as designed. The design professional shall report the results of the inspection to the primary permittee within seven days and the primary permittee must correct all deficiencies within two business days of receipt of the inspection report from the design professional unless weather related site conditions are such that additional time is required. The Director shall withhold the occupancy permit until full compliance has been achieved.

B.

Additional Reporting Requirements

Applicants/owners/operators shall provide the Director with a copy of any monitoring results submitted to EPD regarding the National Pollutant Discharge Elimination System (NPDES). Reports shall be in a format as prescribed by EPD. A copy of the notice of intent which has been sent to EPD in compliance with the permit requirements must be presented to the Director prior to the issuance of any land-disturbance permit.

A.

It shall be unlawful for any person to create or assist in creating any loud and unreasonable noise in the City.

B.

It shall be unlawful for any person to use or ignite consumer fireworks as defined in O.C.G.A. § 25-10-1(a)(1) within 200 yards of a facility housing equines in a confined area.

C.

The general prohibition in paragraph A above includes the use of consumer fireworks that create loud and unreasonable noise, except during the following dates and times: after the time of 10:00 a.m. and up to and including the time of 11:59 p.m. on the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year; and beginning at the time of 12:00 midnight and up to and including the ending time of 1:00 a.m. on January 1 of each year.

(Ord. No. 25-06-583, § 1(Exh. A), 6-16-2025)

For the purpose of determining db(A)s as referred to in this Sec. 11.7, the noise must be measured on the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute.

A.

Table 11.7.3.A establishes permitted activity in any residentially zoned area or within 300 feet of any residentially occupied structure in any zone, as noted.

Table 11.7.3.A. Activities Permitted That Produce Sound Impacting Residential Life

B.

Any mechanical noise other than that regulated in Table 11.7.3.A. which registers more than 65 db(A) at the nearest complainant's property line is a violation.

C.

This Sec. 11.7.3 shall not apply to:

1.

Emergency operations designed to protect the public health and safety; or

2.

Work by City crews or City contractors in a right-of-way or utility easement when the department responsible for the work has determined that it is necessary to undertake the work.

3.

Activities conducted on public playgrounds or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events up to 12:00 midnight.

A.

It shall be unlawful to operate or allow operation of any sound amplification to create sounds other then as set forth in Table 11.7.4.A.

B.

The limitations on the operation of sound amplification equipment in Table 11.7.4.A shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used in emergency circumstances, or to the operation of sound amplification equipment regulated by Sec. 11.7.6 or in accordance with a permit issued pursuant to Sec. 11.7.5.

A.

Permit Required

In order to exceed the sound amplification on private property in Table 11.7.4.A, a permit for additional amplification is required.

B.

Application

An application for a permit for additional amplification on private property under this Sec. 11.7.5 must be submitted to the City of Milton Police Department at least one business day but no more than 30 calendar days before the planned use. It must specify the proposed location of the sound amplification equipment and the date and time that the sound amplification will begin and end. Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the same time. The application must designate and provide contact information for an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. Activities regulated under Table 11.7.3.A. and Sec. 11.7.6 shall not be eligible for an additional amplification permit under this Sec. 11.7.5.

Table 11.7.4.A. Amplified Sound that Impacts Residential Life

C.

Notice of Tentative Approval

When the application meets all necessary requirements, the City of Milton Police Department shall notify applicant of tentative approval, the applicant for a permit shall be responsible for giving written notice of the name, nature, date, and time period of the event, and the name of and contact information for the permit holder to the occupants of each property within 1,000 feet of the property for which the permit has been granted. The notice must be hand delivered to each occupant or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit at least 72 hours before the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the City of Milton Police Department that such notices have actually been so delivered.

D.

Limits on Hours

Permits for additional amplification at a property, or adjacent properties under common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this subsection may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday.

E.

Sound Limits

In no event shall a permit be granted which allows the creation of sounds registering more than 70 db(A) anywhere within the boundary line of residentially occupied property.

F.

Denial; Issuance of Exceptional Permit

If an applicant has been denied a permit under this Sec. 11.7.5 and believes the denial is illegal by virtue of applicable state or federal law, they shall promptly submit a copy of the denied permit application together with a short statement of the reasons they believes they are entitled to a permit to the City Manager. The City Manager has the discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon his determination that the applicant has made a substantial showing of legal entitlement. Any such request for exceptional permit shall be submitted within seven calendar days to the City of Milton Police Department.

G.

Violation

It shall be unlawful to violate the restrictions or requirements of this Sec. 11.7.5 or the terms of a permit issued pursuant to this Sec. 11.7.5.

A.

It shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors other than during the times listed below or so as to create sounds registering in excess of:

1.

85 db(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.;

2.

60 db(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day;

3.

85 db(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or

4.

60 db(A) between 11:00 p.m. and 2:00 a.m. the following day.

For purposes of this Sec. 11.7.6, hotels, motels, other short-term accommodations shall be considered residentially occupied property.

B.

The decibel limits prescribed in this Sec. 11.7.6 shall be measured at the property line of the commercial property at which the sound is being generated.

C.

An establishment that has been determined to be non-cooperative pursuant to Sec. 11.7.7.E shall be subject to enhanced civil penalties pursuant to Sec. 11.7.9 and, after two violations of this Sec. 11.7.6 within one year after having been determined to be non-cooperative, shall not operate or allow the operation of sound amplification equipment out of doors or directed out of doors or allow live acoustic music out of doors or directed out of doors for a period of 18 months after the second violation. The 18-month prohibition shall apply to the establishment and the property on which the establishment is located.

A.

The purpose of this Sec. 11.7.7 is to establish a collaborative process through which the City and a business that has been identified as a chronic source of objectionable noise (i.e., "chronic noise producer") will develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A chronic noise producer is an establishment that, because of the sound generated by or at the business, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places where people may congregate with a reasonable expectation of undisturbed activity.

B.

The chief of police (or designee) shall determine a commercial business as a "chronic noise producer" as described in paragraph A above. In making such a designation, the chief of police shall take into consideration the following factors:

1.

The number and frequency of valid noise complaints.

2.

The proximity and physical relationship between the business and complaining locations.

3.

The severity of sound events, both observed or measured.

4.

The times and days of the week of sound events.

5.

The business' history of cooperation and efforts to alleviate the problem.

6.

The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and whether the sound producing location is located in what is generally recognized as an entertainment area.

Upon designation, the chief of police shall inform the business in writing that it has been designated a chronic noise producer and refer the business to the City Council along with the information that established the basis for the designation.

C.

Upon receiving a chronic noise producer referral, the City Council shall schedule a mandatory initial meeting based on its next regularly scheduled meeting with the business that it has been designated a chronic noise producer. At the initial meeting, the City Council and the business shall review the information that formed the basis for the designation and any evidence or information concerning the complained of noise provided by the business. Following the initial meeting, the City Council shall determine whether a mitigation plan is warranted in order to protect public health, safety and welfare. If the City Council determines that a mitigation plan is not warranted, it shall notify the business and the City of Milton Police Department of that determination and no further action shall be taken under this Sec. 11.7.7.

D.

If the City Council determines that a mitigation plan is warranted, the City Council and the business shall together develop and sign a noise mitigation plan. The plan may include, among other things:

1.

Restrictions on days of week or hours of noise producing activity.

2.

Placement, orientation, and operation of sound producing activity or equipment.

3.

Structural changes including but not limited to sound attenuation and baffling.

4.

Self-monitoring and reporting requirements.

5.

A schedule for implementation.

6.

A schedule for review for possible revision or termination of the plan.

E.

If a business designated as a chronic noise producer: (i) fails or refuses to participate in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City Council may designate the business as non-cooperative and shall notify the business and City of Milton Police Department of that determination. Should a business designated as non-cooperative cure the basis for the designation, the City Council shall remove the designation and notify the business and City of Milton Police Department of that determination.

F.

If a noise enforcement action is taken against a business that has been designated a chronic noise producer, evidence regarding the business' participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review or appeal of the enforcement action. Specifically, the business' participation and compliance shall be a mitigating factor and may, but is not required to be, a justification for dismissing the enforcement action. A business that has been designated by the City Council as non-cooperative shall not be entitled to the benefits of this paragraph F unless the designation has been removed.

G.

Appeals. A business that has been designated a chronic noise producer or non-cooperative may appeal such designation within ten days after receiving notice of such designation. Appeals shall be heard by the City Manager who shall not be an employee of the City of Milton Police Department or member of the City Council. The appellant shall have the right to present evidence at said hearing. A ruling on appeal is subject to review in the superior court of Fulton County by proceedings as permitted by State law. Any petition for review shall be filed with the clerk of superior court within 30 days after notice of the decision has been sent to the appellant.

A.

It shall be unlawful for any person to own, keep or have in his possession, or harbor, any animal which howls, yelps, barks or produces other similar noises uninterruptedly or almost uninterruptedly for more than 15 minutes in duration.

B.

No person shall act in such a manner as to create noise or sounds that would knowingly cause animals significant distress. Such noise or sounds shall include, but not be limited to, shooting of firearms; use of any combustible or explosive composition, substance or combination of substances; racing of engines and blasting music.

It shall be unlawful to operate or allow the operation of any motor vehicle in the city:

A.

Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises.

B.

By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises.

C.

Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises.

Any person found guilty of violating any provision of this Sec. 11.7 shall be punished in a manner consistent with the general penalty set forth in Section 1-5 of the City Code of Ordinances. A violation of a continuing nature, each day during which it occurs, shall constitute an additional, separate, and distinct offense.

In the event there is a conflict between this Sec. 11.7 and any other provision of the Milton Code, the more restrictive noise-based performance standard shall control; except, in the event there is a special use permit containing a noise-based performance standard, the standard in that special use permit shall control.

A.

Variances to any numerical requirements of this Sec. 11.7 may be granted by the Director to any person, upon application, if findings are made by the Director that the immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of the non-availability of feasible technology or control methods.

B.

Any such variance or renewal thereof shall be granted by the Director only for the minimum time period found to be necessary under the facts and circumstances. The Director shall provide in writing the reason for the variance, the starting and ending time of the variance or other pertinent information as to enforce the approved variance.

The purpose of this Sec. 11.8 is to provide minimum standards or regulations in conjunction with state and federal law to safeguard life, health, property and the public welfare of the citizens of the city and others from the effects of air pollution and air contamination.

No person shall discharge, or cause to be discharged, from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such person or the public, or which cause, or have a natural tendency to cause, injury or damage to humans or property.

A.

Any material which may create air pollution as the result of dispersal during transport shall be so treated before transport, or so enclosed during transport, as to effectively prevent air pollution during transport.

B.

Effective measures shall be employed to prevent air pollution resulting from the dispersal of materials from premises, from stockpiles or from accumulations incidental to manufacture, handling, or storage.

C.

Effective measures shall be applied to prevent air pollution resulting from the demolition of buildings or equipment, the clearing of land, the preparation of sites for construction or from the construction of buildings or the installation of equipment.

If a code enforcement officer, building inspector or other authorized person finds the violation of any provision of this Sec. 11.8 to exist, they shall give notice of the violation in writing to the person responsible, specifying the nature of the violation and a reasonable time for correcting it. Delivery of the notice may be effected by mail or by personal delivery.