500-10.1Applicability.

A.

Chapter 500 of this UDO shall apply to all land development activity on property containing a stream protection area as defined in Chapter 110 of this UDO. 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.

B.

After April 1, 2005, this Section 500-10 shall apply to new subdividing, land development, and platting activities

500-10.2Grandfather Provisions. This Section 500-10 of the UDO shall not apply to the following types of applications, but such work shall be subject to the provisions of stream buffer protection regulations in effect at the time of the subject application:

A.

Work consisting of the repair, maintenance or replacement within the same disturbed area of any lawful use of land that is zoned and approved for such use on or before the effective date of this UDO.

B.

Any lawful land development activity that is under construction, has a valid permit, or has submitted a valid and complete application for a permit as of April 1, 2005, which has not expired.

C.

Any lawful land development activity that has not been submitted for approval, but that is part of a larger approved master development plan, such as a house in a subdivision, building in an office park, or planned greenway, which has a valid master plan development permit and a partially or wholly recorded plat prior to April 1, 2005.

500-10.3Exemptions.

A.

The following specific activities are exempt from this Section 500-10, however any activity within a state waters' buffer must meet State requirements:

1.

Activities for the purpose of building one of the following:

a.

A perpendicular stream crossing by a driveway, transportation route including but not limited to bike paths and pedestrian trails, or utility line.

b.

Public water supply intake or public wastewater outfall structures.

c.

Land development 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 water body, 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.

g.

Stormwater outfalls to the stream, by pipe or channel, necessary to protect the buffer from erosion caused by high flow velocities due to steep slopes.

2.

Public sewer line installation in easements running parallel with the stream where necessary, except that all easements (permanent and construction) and land disturbance within a state waters' buffer must meet State requirements. 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 Subsection 500-10.3A.1., above.

3.

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

4.

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

5.

Emergency work necessary to preserve life or property. However, when emergency work is performed under this subsection, the person performing it shall report such work to the Department of Planning and Development on the next business day after commencement of the work. Within 10 business days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Department of Planning and Development 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.

B.

Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

500-10.4Land Development Requirements.

A.

Buffer and setback requirements.

1.

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

a.

An undisturbed buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. The land forming the bank is also considered part of the buffer for purposes of this UDO.

b.

An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed buffer, in which all impervious cover shall be prohibited including, but not limited to, buildings, parking areas, driveways, and concrete retaining walls. Grading, filling and earthmoving shall be minimized within the setback.

c.

No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

B.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Subsection 500-10.4C below.

C.

Variance Procedures. Variance requests from the requirements of this Section 500-10 shall be submitted on an application form as prescribed by the Director of the Department of Planning and Development or the Director's designee, along with such fees as shall be established by the Board of Commissioners. The Director of the Department of Planning and Development or the Director's designee shall coordinate the review of each variance request with all other affected County departments and shall forward such comments or recommendations as may be received to the Board of Construction Adjustments and Appeals for action in their normal course of business. This section describes how to apply for a variance from this chapter, however any activity within a state waters' buffer must meet State requirements. Variances may be granted in accordance with the following provisions:

1.

The Board of Construction Adjustments and Appeals shall grant no variance from any provision of this UDO 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 Construction Adjustments and Appeals. The Department of Planning and Development shall give public notice of each such public hearing in the local organ of Gwinnett County at least once a week for two consecutive weeks before it is heard. The Department of Planning and Development shall require that the applicant post a sign giving notice of the proposed variance and the public hearing at least 15 days prior to the date of the hearing. The sign shall be of a size and posted in right-of-way.

2.

No application or reapplication for a variance affecting the same stream segment on a property shall be heard within 12 months from the date of last action by the Board of Construction Adjustments and Appeals unless such 12- month period is waived by the Board of Construction Adjustments and Appeals, and in no case may such application or reapplication be reconsidered in less than six months from the date of last action by the Board of Construction Adjustments and Appeals.

3.

Variances will not be considered when, following adoption of this UDO, actions of any property owner of a given property have created conditions of a hardship on that property. Variances will be considered only in the following cases:

a.

The applicant provides evidence that impacts to the buffer have been avoided or minimized to the fullest extent practicable.

b.

The project involves the construction or repair of a structure that, by its nature, must be located within the buffer. Such structures include dams and detention/retention ponds.

c.

Paved recreational foot trails and viewing areas, providing that impacts to the buffer are minimal; or

d.

The proposed land-disturbing activity within the buffer will receive a permit from the United States Army Corps of Engineers (USACE) under Section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has received a mitigation plan to be implemented as a condition of such a permit. In addition, land-disturbing activities in the buffer that are outside the USACE's jurisdiction must be mitigated.

e.

The buffer intrusion is mitigated using the procedure established in the Gwinnett County Stormwater Management Manual.

f.

A valid and complete application for rezoning of the property is submitted prior to the effective date of this UDO and approval of the rezoning by the Board of Commissioners occurs after the effective date of this UDO, and the variance request is consistent with the intent of this UDO factoring into account the property owner's reliance on standards in effect at the time of the rezoning.

4.

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

a.

A site map that includes 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 dated 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 that impacts to the buffer have been avoided or minimized to the fullest extent practicable;

e.

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

f.

A stormwater management site plan, if applicable;

g.

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

h.

A description of the project, with details of the buffer disturbance, including estimated length of time for the disturbance and justification for why the disturbance is necessary;

i.

Any other reasonable information related to the project that the Department of Planning and Development may deem necessary to effectively evaluate the variance request;

j.

A copy of the permit application, supporting documentation, and proposed mitigation plan as submitted to the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, if applicable;

k.

A copy of the permit application, supporting documentation, and proposed mitigation plan as submitted to the Georgia Environmental Protection Division for a variance from the state waters' buffer; and

l.

A buffer mitigation plan in accordance with the procedure outlined in the Gwinnett County Stormwater Management Manual.

5.

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 as determined from field inspection.

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.

g.

The value of mitigation activities as calculated in accordance with the Gwinnett County Stormwater Management Manual.

6.

Administrative variances may be considered for projects which have water quality impacts which have been determined equal to or less than 0.1 units for the entire project site or development area.

500-10.5Special Buffer Regulations and Requirements. In addition to the other provisions of Section 500-10, the following requirements shall apply. Whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence.

The Grandfather Provisions, Exemptions, and Variance Procedures Sections of Section 500-10, Stream Buffer Protection, do not apply to this subsection. Applicable exemptions and variances are given below.

A.

Big Haynes Creek and Alcovy River Watershed protection requirements. This Section of this UDO is adopted pursuant to Georgia Department of Natural Resources Rules for Environment Planning Criteria for water supply watersheds (O.C.G.A 391-3-16).

1.

Stream buffer zone/impervious surface setbacks shall meet minimum criteria for Large Water Supply Watersheds (O.C.G.A 391-3-16 (6)).

a.

Roadways, bridges and drainage structures may encroach upon required buffers and setbacks where such structures are necessary to provide access. Such roadways and bridges shall cross streams perpendicularly where reasonably possible. The number of such stream crossings and associated structures shall be minimized to the greatest extent possible.

b.

Limited minor land disturbances, such as trails and picnic areas are exempt.

2.

Lots of record. All lots or parcels of record as of the October 28, 1997, in the Big Haynes Creek Watershed and November 28, 2000, in the Alcovy River Watershed and all lots or parcels which have been submitted by way of preliminary plat and approved by the Department of Planning and Development in accordance with the provisions of Title 2 of this UDO, as of October 28, 1997, within the Big Haynes Creek Watershed and November 28, 2000, within the Alcovy River Watershed, that are made unbuildable by the buffer and setback provisions, may still be developed on a case-by-case basis. Requests for development of these lots shall be made to the Director of the Department of Planning and Development as Administrative Variances. If development is allowed, the maximum possible impervious surface setback and stream buffer width, given the configuration of the lot, shall be maintained.

3.

Limitation on variances. Variances from the provisions of Subsection A (Big Haynes Creek and Alcovy River Watershed Protection Requirements) are prohibited except as provided by Subsection A.2.

B.

Chattahoochee Corridor.

1.

Vegetation shall be left in its natural state, and impervious surfaces shall not be permitted, for a distance of 50 horizontal feet as measured from both banks of the Chattahoochee River and its impoundments, and for a distance of 35 horizontal feet as measured from both banks of all other flowing stream channels within the Chattahoochee Corridor, except for footpaths, designated public access areas, river or stream crossings by transportation facilities, public water supply intake structures, public wastewater treatment plant outfalls and utility line crossings.

2.

Subject and in addition to the restrictions set forth in Subsection 500-10.5B.1. herein, impervious surfaces and structures shall not be permitted within, on or over any land that is 150 horizontal feet or less from either bank of the Chattahoochee River and its impoundments, except for footpaths, designated public access areas, river or stream crossings by transportation facilities, public water supply intake structures, public wastewater treatment plant outfalls and water supply and sewerage manholes that are designed and built at grade, unless it is determined by the Atlanta Regional Commission, after consideration by a Committee of the Atlanta Regional Commission as authorized by the Atlanta Regional Commission, and based in part upon the affidavit of, and substantial evidence submitted by, a registered professional engineer qualified in water quality and hydrology that the impervious surfaces and structures will not be harmful to the water and land resources of the Chattahoochee Corridor, will not significantly impede the natural flow of flood waters and will not result in significant land erosion, stream bank erosion, siltation or water pollution.

3.

Not including the impervious surfaces and structures that are excepted above, any impervious surfaces or structures that, in the judgment of the Atlanta Regional Commission, must legally be permitted within, on or over any land that is 150 horizontal feet or less from either bank of the Chattahoochee River and its impoundments on lots of record as of March 16, 1973, for the portion of the Chattahoochee Corridor between Buford Dam and the downstream limit of the City of Atlanta water intake, which were designated by the local governing authority for a single-family detached residential use, shall meet the following standard: For each one foot incursion into the 150 foot impervious surface buffer, one foot of natural vegetation shall be added to the 50 foot natural vegetation buffer. In the event that the Atlanta Regional Commission determines that legal, physical, biological, or hydrologic conditions on the site prevent the addition of all the required natural vegetation, substitute measures satisfactory to the Atlanta Regional Commission shall be taken to provide an equivalent level of land and water resource protection.

500-10.6Additional Information Requirements for Development on Buffer Zone Properties. Any permit applications for property requiring buffers and setbacks hereunder must include the following:

A.

A site plan showing:

1.

The location of all streams on the property.

2.

Limits of required stream buffers and setbacks on the property.

3.

Buffer zone topography with contour lines at no greater than 2-foot contour intervals.

4.

Delineation of forested and open areas in the buffer zone.

5.

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

B.

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

C.

Documentation. Any other documentation that the Department of Planning and Development may reasonably deem necessary for review of the application and to ensure that the buffer and landscaping requirements are addressed in the approval process. All buffer and setback areas must be recorded on the final plat of the property following plan approval.

500-10.7Responsibility. Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this UDO shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon Gwinnett County, its officers or employees, for injury or damage to persons or property.

500-10.8Inspection.

A.

The Department of Planning and Development may cause inspections of the work in the buffer or setback to be made periodically during the course of work and shall make a final inspection following completion of the work. The permittee shall assist representatives of the department in making such inspections. The Director of the Department of Planning and Development or the Director's designee shall have the authority to conduct such investigations as he or she may reasonably deem necessary to carry out the duties as prescribed in this UDO, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

B.

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.

500-10.9Violations, Enforcement, and Penalties. Any action or inaction that violates the provisions of Section 500-10 shall be subject to the enforcement actions and penalties identified in Chapter 120 of this UDO.

500-10.10Administrative Appeal and Judicial Review.

A.

Administration. This Chapter of the UDO shall be administered, interpreted, and enforced by the Director of the Department of Planning and Development or the Director's designee.

B.

Administration appeal. Appeals of the interpretation by the Director of the Department of Planning and Development or the Director's designee of the requirements of this Chapter of the UDO shall follow the procedures outlined in Section 270-90 of this UDO.

500-10.11Fees.

A.

Application filing, permit, inspection, and other fees shall be established from time-to-time by the Board of Commissioners.

B.

Permit fees, if any, shall be submitted as a prerequisite to issuance of the permit. Nonpayment as a result of submission of a check having insufficient funds on account, or for any other reason, shall cause the permit to be voided and re-issuance subject to penalty as may be established by the Board of Commissioners.

C.

Application fees, if any, shall be submitted with the application and upon acceptance of said submission for review and consideration shall not be refundable. Failure to pay a required application fee shall cause the application to be returned to the applicant without acceptance for review or consideration by the County.

D.

Following the approval of development plans, and prior to authorization to begin construction, the developer shall provide the Department of Water Resources with mitigating fees. Such fees shall not be refundable following issuance of a development permit, except upon approval of the Board of Commissioners.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 40), 9-26-2023)

500-20.1Wetlands.

A.

Section 500-20.1 of this UDO shall apply to all new land development activity, not part of a previously approved master plan, on property containing wetlands as defined in Chapter 110 of this UDO with undisturbed designation. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under State law and approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State or Federal regulations.

B.

Construction Buffer Requirements. A temporary construction buffer shall be maintained for 10 feet, measured horizontally, from the outer most perimeter of areas delineated as undisturbed wetlands.

500-20.2Lakes.

A.

Section 500-20.2 of this UDO shall apply to all new land development activity, not part of a previously approved master plan, on property containing a lake defined in Chapter 110 of this UDO. 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.

B.

Undisturbed Buffer Requirements. An undisturbed State Waters buffer shall be maintained for 25 feet, measured horizontally, from the water surface edge and including banks with wrested vegetation.

C.

Construction Buffer Requirements. A temporary construction buffer shall be maintained for 10 feet, measured horizontally, from the undisturbed State water buffer.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 40), 9-26-2023)