The purpose of the RP district is to implement the criteria for river corridor protection developed by the Georgia Department of Natural Resources (Section 391-3-16-.04 of the Criteria for River Corridor Protection) as they apply to the areas along the Ocmulgee River in Bibb County. These criteria are designed to help preserve those qualities of the Ocmulgee River that made it suitable for a habitat for wildlife, a site for recreation, and a source for clean drinking water.

(Amended November 12, 1996, ZA96-11-01)

The RP district shall include all areas in Bibb County adjacent to the Ocmulgee River that are located within one hundred (100) feet on both sides of the river as measured horizontally from the uppermost part of the river bank, usually marked by a break in the slope. The district also includes all areas located between the top of the river bank and the edge of the river. Any plat or site plan submitted to the Commission for approval shall indicate the boundary of the RP overlay zone on the plat or site plan. There is excepted herefrom that portion of the Ocmulgee River commencing at the Spring Street Bridge, running south to the northern boundary of Central City Park. These areas are excepted from these regulations because they lay adjacent to the central business district of downtown Macon and many of the parcels included in this excepted area are already developed.

(Amended November 12, 1996, ZA96-11-01)

These definitions shall be used in addition to those in chapter 1 of this Resolution. As used in this chapter, unless the context otherwise requires, certain terms and words are defined as follows:

[1]

Hazardous waste. Any solid waste which has been defined as hazardous waste in the regulations, promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. § 261.3.

[2]

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

[3]

Land uses existing prior to the promulgation of a river corridor protection plan. Any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of the river corridor protection plan falls within one (1) of the following categories:

(a)

Is completed;

(b)

In under construction;

(c)

Is fully approved by the Commission;

(d)

All materials have been submitted for approval by the Commission; or

(e)

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

[4]

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

[5]

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

[6]

Protected river. Any perennial river or water course with an average annual flow of at least four hundred (400) cubic feet per second as determined by appropriate U.S. Geological Survey documents. However, those segments of rivers covered by the Metropolitan River Protection Act or the Coastal Marshland Protection Act are specifically excluded from the definition of a protected river.

[7]

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

[8]

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

[9]

River corridor. All land, inclusive of islands, in areas of a protected river and being one hundred (100) feet horizontally on both sides of the river as measured from the river banks. The one hundred-foot buffer shall be measured horizontally from the uppermost part of the river bank, usually marked by a break in slope. Although not within the measured one hundred-foot wide buffer, the area between the top of the bank and the edge of the river shall be treated by local governments in the same manner as the river corridor and shall be included within the river corridor protection plan. Because stream channels move due to natural processes such as meandering, river bank erosion, and jumping of channels, the river corridor may shift with time. For the purposes of these standards, the river corridor shall be considered to be fixed at its position at the beginning of each review period for local comprehensive plans. Any shift in the location of the protected river after the start of the review period will require revision of the boundaries of the river corridor at the time of the next review by the department of community affairs.

[10]

Sensitive natural areas. Any area, as identified now or hereafter, by the department of natural resources, which contains one (1) or more of the following:

(a)

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

(b)

Rare or exemplary natural communities;

(c)

Significant land forms, hydroforms, or geological features; or

(d)

Other areas so designated by the department of natural resources; and which is sensitive or vulnerable to physical or biological alteration.

(Amended November 12, 1996, ZA96-11-01)

[1]

Existing vegetation within the RP overlay zone may be disturbed during construction as long as said disturbance activities are done in compliance with a plan approved by the city or county engineer pursuant to the soil erosion and sedimentation rules and regulations of the city and county. Additionally, any person engaging in a land disturbing activity within the RP overlay zone shall submit a landscaping plan to the Commission showing how the applicant will restore the disturbed areas to their natural state. The individual requirements of each plan shall be as determined by the zoning enforcement officer.

[2]

All development activity within the RP overlay zone shall comply with these required conditions and the applicable requirements of the underlying zoning district and any other overlay districts that apply to lands within this zone. Where conflicts between the requirements of this district and other applicable zoning district exist, the more restrictive or stringent requirements shall govern.

[3]

The minimum lot size for new development within the RP overlay zone shall be the minimum lot size prescribed in the underlying zoning district except for single-family dwellings or manufactured homes which shall be a minimum of two (2) acres. All other performance standards required in the underlying zoning district within a RP overlay zone shall be adhered to by the applicant. Land located between the river banks, including the area from the top of the river bank and edge of the river, may be included in a lot, but shall not be considered as part of the two-acre minimum area.

[4]

Septic tank drain fields shall not be located within the RP overlay zone. Private septic tanks serving one (1) residential dwelling per lot may be located within the RP overlay district. Septic tanks for other uses are not permitted within the overlay district. Each applicant who desires to include a septic tank within the RP overlay district must provide a copy of their permit issued by the Macon-Bibb County Health Department for the septic tank.

[5]

Road and utility construction within the RP overlay zone shall be allowed, provided that the construction of such facility complies with all applicable requirements of the soil erosion and sedimentation rules and regulations of the city and/or county.

[6]

Industrial and commercial uses constructed prior to the adoption date of these regulations shall be exempt from these criteria, unless it is demonstrated that:

(a)

The uses as constructed will not impair the drinking quality of the river water.

(b)

The uses as constructed comply with all state and federal environmental rules and regulations.

[7]

Impervious surfaces shall not occupy more than twenty (20) percent of the land area of any lot within the RP overlay zone, excluding any land on the lot that lies between the top of the river bank and the edge of the river.

(Amended November 12, 1996, ZA96-11-01; Amended October 23, 2000, ZA00-10-01)

Within the RP overlay zone, the following uses shall be prohibited:

[1]

No industrial or commercial uses shall be allowed within the RP overlay zone, except as provided for in Section 22B.07[3] below.

[2]

Handling areas for the receiving and storage of hazardous waste are prohibited within the RP overlay zone. Port facilities are exempt from this criteria and provided that:

(a)

Port facilities shall meet all federal and state laws and regulations for the handling and transport of hazardous waste.

(b)

Port facilities handling hazardous waste shall perform the operations on impermeable surfaces having spill and leak protection systems as prescribed by the department of natural resources.

[3]

Hazardous waste or solid waste landfills are prohibited within the RP overlay zone.

[4]

Wastewater treatment facilities.

(Amended November 12, 1996, ZA96-11-01)

Within the RP overlay zone, the following uses as allowed by the underlying zoning district shall be permitted:

[1]

Single-family dwellings and manufactured homes;

[2]

Timber production and harvesting, subject to the following conditions:

(a)

Such forestry activity shall comply with the best management practices established by the Georgia Forestry Commission.

(b)

Such forestry activity shall not impair the drinking water quality of the river as defined by the Federal Clean Water Act, as amended.

[3]

Wildlife fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8.

[4]

Passive outdoor recreational activities that do not require construction of new structures.

[5]

Natural water quality treatment or purification facilities.

[6]

Agricultural production and management, subject to the following conditions:

(a)

Such agricultural activities shall comply with the best management practices established by the Georgia Soil and Water Conservation Commission.

(b)

Such agricultural activities shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

(Amended November 12, 1996, ZA96-11-01)

Within the RP overlay zone, the following conditional uses, as allowed in the underlying zoning district, shall be permitted with the approval of the Commission:

[1]

Recreational activities which require the construction of new structures shall be permitted if they are determined by the Commission to be consistent with the maintenance of a natural vegetative buffer or with river dependent recreation.

[2]

Other uses that are permitted by the Georgia Department of Natural Resources or are allowed under Section 404 of the Clean Water Act. Prior to the issuance of any permit for such a use by the Commission, the applicant must submit a letter from the Georgia Department of Natural Resources stating that the proposed use is permitted by the Georgia Department of Natural Resources.

[3]

Any use allowed by the underlying zoning district and which is not allowed in Section 22B.06 above as a permitted use and which will occupy a site for a nonconforming use existing at the time of the adoption of these regulations may be approved by the Commission provided that the following conditions are met:

(a)

Such use shall comply with the soil erosion and sedimentation rules and regulations promulgated by Macon-Bibb County.

(b)

Such use shall not impair the drinking water quality of the river water as defined by the Federal Clean Water Act, as amended.

(Amended November 12, 1996, ZA96-11-01)

Within the RP overlay zone, a buffer area must be reconstructed for all portions of the site not covered by buildings, parking lots, or other impervious areas.

A plan depicting the restoration, showing plant materials and other natural features, must be submitted to and approved by the zoning enforcement officer.

Replacement materials shall be compatible with the environment and flora native to that portion of the river corridor that has been disturbed.

(Amended November 12, 1996, ZA96-11-01)