Pine Lake City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accidental discharge means a discharge prohibited by this chapter which occurs by chance and without planning or thought prior to occurrence.

Agricultural practices means practices involving the establishment, cultivation or harvesting of products of the field or orchard; the preparation and planting of pasture land or farm ponds; and the construction of farm buildings.

Appeals authority means the board, one of whose purpose is to review appeals to this article and render decisions and variances.

Applicant means a person submitting a post-development stormwater management application and plan for approval.

Best management practices (BMPs) means a wide range of management procedures, activities and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.

Buffer means, with respect to a stream, a natural or enhanced vegetated area (established by section 22-113(a)(1)), lying adjacent to the stream.

Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Clean Water Act means the Federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.

Conservation easement means an agreement between a landowner and the city or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership.

Construction activity means activities subject to the state Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition.

Cooling water act means water used exclusively as a cooling medium in an appliance, device or apparatus.

Conveyance means stormwater features designed for the movement of stormwater through the drainage system, such as concrete or metal pipes, ditches, depressions, swales, etc.

Department means the department of administration responsible for all stormwater management activities and implementation of the provisions of this article.

Detention means the temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

Detention facility means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Developer means a person who undertakes land development activities.

Development means a land development or land development project.

Development activity means:

(1)

The division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels or other divisions by plot or deed;

(2)

The construction, installation or alteration of a structure, impervious surface or drainage facility;

(3)

Clearing, scraping, grubbing or other activities significantly disturbing the soil, vegetation, mud, sand or rock of a site; or

(4)

Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise disturbing the soil, vegetation, mud, sand or rock of a site.

Director means either the director of administration or any of that person's duly authorized representatives.

Discharge means the release of treated or untreated water to the municipal/county separate storm sewer system.

Drainage easement means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.

Easement means an acquired legal right for the specific use of land owned by others.

Erosion and sedimentation control plan means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities.

Extended detention means the detention of stormwater runoff for an extended period, typically 24 hours or greater.

Extreme flood protection means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

Flood means a general and temporary condition of partial or complete inundation normally dry land areas from:

(1)

The overflow of inland or tidal waters; or

(2)

The unusual and rapid accumulation or runoff or surface waters from any source.

Flooding means a volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands.

Floodplain means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan (i.e., the regulatory flood map).

Generalized wetland map means a map showing the general locations of wetlands within the jurisdiction of the city.

Greenspace or open space means permanently protected areas of the site that are preserved in a natural state.

Hotspot means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

Hydric soils means soils that form as a result of saturated soils conditions. A list of these soils is maintained by the soil conservation service.

Hydrologic soil group (HSG) means a natural resource conservation service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

Hydrophytic vegetation means macrophytic plants tolerant of or dependent on saturated soil conditions.

Illegal connection means either of the following:

(1)

Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any nonstormwater discharge including sewage, process wastewater and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted or approved by an authorized enforcement agency; or

(2)

Any pipe, open channel, drain or conveyance connected to the (municipal/county) separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.

Illicit discharge means any direct or indirect nonstormwater discharge to the (municipal/county) separate storm sewer system, except as exempted in section 22-25.

Impervious cover means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface, as well as any manmade paved, hardened or structural surface regardless of material.

Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).

Industrial stormwater general permit means the National Pollutant Discharge Elimination System (NPDES) permit issued to an industry for stormwater discharges associated with industrial activity. The permit regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

Infiltration means the process of percolating stormwater runoff into the subsoil.

Inspection and maintenance agreement means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

Jurisdictional determination means an official, written statement or map signed by the U.S. Corps of Engineers or, in the case of coastal marshlands, the state department of natural resources.

Jurisdictional wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Land development means any land change including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Land development activities means those actions or activities which comprise, facilitate or result in land development.

Land development project means a discrete land development undertaking.

Land disturbance means any land or vegetation change including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.

Land disturbance activity means those actions or activities which comprise, facilitate or result in land disturbance.

Litter means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic and glass containers, broken glass, dead animals, solvents, paint, slag, auto parts, metal or intentionally or unintentionally discarded materials of every kind and description which are not waste as such term is defined in O.C.G.A. § 16-7-51(6).

Maintenance means any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this article or to prevent structural failure of such facilities.

National pollutant discharge elimination system (NPDES) stormwater discharge permit means a permit issued by the state EPD under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

New development means a land development activity on a previously undeveloped site.

Nonpoint source pollution means a form of water pollution that does not originate from a discrete point such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Nonstormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Nonstructural stormwater management practice or nonstructural practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions and vegetated channels.

Off-site facility means a stormwater management facility located outside the boundaries of the site.

On-site facility means a stormwater management facility located within the boundaries of the site.

Overbank flood protection means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e., flow events that exceed the capacity of the channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the two-year through 25-year frequency storm events.

Owner means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person in control of the site.

Parcel means any plot, lot or acreage shown as a unit on the latest county tax assessment records or city records.

Permit means the permit issued by the city to the applicant which is required for undertaking any land development activity.

Person means, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Pine Lake separate storm sewer system or municipal/county system means any facility designed or used for collecting and/or conveying stormwater including, but not limited to, any roads with drainage systems, highways, city streets, curbs, gutters, inlets, catchbasins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and manmade or altered drainage channels, reservoirs and other drainage structures, and which is:

(1)

Owned or maintained all or in part by the city;

(2)

Not a combined sewer; and

(3)

Not part of a publicly-owned treatment works.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste, color, turbidity or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare or environment, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Post-development refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

Pre-development refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.

Premises mean any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Private means property or facilities owned by individuals, corporations and other organizations and not by the city, county, state or federal government.

Procedure means a procedure adopted by the utility, by and through the director, to implement a regulation or regulations adopted under this article, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the city or other agencies.

Project means a land development project.

Protection area or stream protection area means, with respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

Public or private property means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge or conservation or recreation area; timberlands or forests; and residential, commercial, industrial or farm properties.

Redevelopment means a land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Regional stormwater management facility or regionalfacility means stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced.

Regulation means any regulation, rule or requirement prepared by the department and adopted by the city pursuant to the requirements of this article.

Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.

Runoff means stormwater runoff.

Sanitary sewer system means the complete sanitary sewer system of the city and county which discharge sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the foregoing, but shall exclude any portion or facilities of the sewage treatment plant.

Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice or gravity from its site of origin.

Setback means, with respect to a stream, the area established by section 22-113(a)(2) extending beyond any buffer applicable to the stream.

Site means any lot, plot, parcel or tract of land; the parcel of land being developed or the portion thereof on which the land development project is located.

Statewaters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single person.

Stormwater better sitedesign means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management.

Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this article and which shall include a system of vegetative of structural measures, or both, that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land.

Stormwater management design manual means the most recent manual of design, performance and review criteria for stormwater management practices, prepared under the direction of the director of administration. Copies of the manual can be obtained from the department of administration.

Stormwater management facilities means constructed or natural components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins, natural systems and modular pavement.

Stormwater management measure means any stormwater management facility or nonstructural stormwater practice.

Stormwater management plan means the set of drawings and other documents that comprise all of the information and specifications for the drainage systems, structures, BMPs, concepts and techniques that will be used to control stormwater as required by this article and the stormwater management design manual. Also included are the supporting engineering calculations and results of any computer analysis.

Stormwater management system means the entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site.

Stormwater retrofit means a stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.

Stormwaterrunoff, runoff or stormwater means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stream means any stream beginning at:

(1)

The location of a spring, seep or groundwater outflow that sustains streamflow;

(2)

A point in the stream channel with a drainage area of 25 acres or more; or

(3)

Where evidence indicates the presence of a stream in a drainage area less than 25 acres, the city may require field studies to verify the existence of a stream.

Stream bank means the sloping land that contains the stream channel and the normal flows of the stream.

Stream channel means the portion of a watercourse that contains the base flow of the stream.

Structuralstormwatercontrol means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

Subdivision means any division or re-division of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcels. The term "subdivision" means the act or process of dividing property, except that, where appropriate to the context, the ownership at the time of subdivision.

Temporary emergency permit means a temporary permit that may be issued in certain circumstances specified in section 22-186(c)(6).

Variance means the modification of the minimum stormwater management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter.

Water quality means those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff.

Watershed means the land area that drains into a particular stream.

Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and distribution sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands generally include swamps, marshes, bogs and similar areas.

Wetland delineation means the establishment of wetland boundaries by a representative of the U.S. Army Corps of Engineers or an authority designated by the Corps.

Wetland protection district means all wetlands within the jurisdiction of the city and shown on the generalized wetland map.

(Code 1986, §§ 6-1-14(2), 6-1-14A(2), 6-1-14C(3), 6-1-14D(2), 6-1-17(10); Ord. No. 24-05, § 2, 11-14-2005; Ord. No. 2020-07, § 1, 8-11-2020)

(a)

No person shall install any landscape irrigation system and/or sprinkler system equipped with an electronic controller that does not have a rain sensor shut-off switch.

(b)

Any person who installs, or any property owner who allows to be installed a landscape irrigation system and/or sprinkler system equipped with an electronic controller in violation of this Code shall be liable for a civil penalty not exceeding $100.00 per violation.

(Ord. No. 2009-007, 8-10-2009)

Editor's note— Ord. No. 2009-0007, adopted August 10, 2009, did not specifically amend the Code; hence, inclusion as § 22-2 was at the discretion of the editor.

(a)

A private decentralized wastewater system' means any privately owned wastewater collection, treatment, or disposal system:

(1)

Serving more than one residential lot or business; or

(2)

That has a daily flow in excess of 2,000 gallons per day; or

(3)

That transfers flows between more than one parcel or tract of land.

(b)

The construction, permitting, or maintenance of a private decentralized wastewater system is prohibited within the boundaries of the City of Pine Lake.

(Ord. No. 2022-02, § 1, 6-28-2022)

It is hereby determined that:

(1)

Discharges to the city separate storm sewer system that are not composed entirely of stormwater runoff contribute to increased nonpoint source pollution and degradation of receiving waters;

(2)

These nonstormwater discharges occur due to spills, dumping and improper connections to the city separate storm sewer system from residential, industrial, commercial or institutional establishments;

(3)

These nonstormwater discharges not only impact waterways individually, but geographically dispersed, small volume nonstormwater discharges can have cumulative impacts on receiving waters;

(4)

The impacts of these discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;

(5)

These impacts can be minimized through the regulation of spills, dumping and discharges into the city separate storm sewer system;

(6)

Localities in the state are required to comply with a number of state and federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and nonpoint source pollution due to improper nonstormwater discharges to the city separate storm sewer system.

Therefore, the city adopts this article to prohibit such nonstormwater discharges to the (municipal/county) separate storm sewer system. It is determined that the regulation of spills, improper dumping and discharges to the (municipal/county) separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment.

(Code 1986, § 6-1-14; Ord. No. 13-05, 8-30-2005)

(a)

The department of administration shall be responsible for the conservation, management, maintenance (where applicable), extension and improvement of the municipal/county separate storm sewer system, including activities necessary to control stormwater runoff and activities necessary to carry out stormwater management programs included in the cities NPDES stormwater permit.

(b)

The application of this article and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other local requirements authorized by state statute. Other stormwater project improvements, as defined under state law, may be required.

(c)

The department of administration shall develop, and update periodically, a stormwater management design manual for the guidance of persons preparing stormwater management plans, and designing or operating stormwater management systems.

(d)

The department of administration shall prepare and update a storm management master plan.

(Code 1986, § 6-1-14)

(a)

The department of administration shall have the power to administer and enforce all regulations and procedures adopted to implement this article, including the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or restrain any violation of this article.

(b)

The department of administration can:

(1)

Administer, coordinate and oversee acquisition, design, construction and operate and maintain of municipal/county stormwater facilities and conveyances;

(2)

Establish or oversee establishment of development standards and guidelines;

(3)

Determine the manner in which stormwater facilities should be operated;

(4)

Inspect private systems which discharge to the municipal/county separate stormwater system;

(5)

Advise the city, other departments on issues related to stormwater;

(6)

Protect facilities and properties controlled by the department of administration and prescribe how they are used by others;

(7)

Require new, increased or significantly changed stormwater contributions to comply with the terms of this article;

(8)

Develop programs or procedures to control the discharge of pollutants into the municipal/county separate storm sewer system.

(Code 1986, § 6-1-14)

(a)

Purpose and intent. The purpose of this article 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 article establishes methods for controlling the introduction of pollutants into the city separate storm sewer system in order to comply with requirements of the NPDES permit process. The objectives of this article are to:

(1)

Regulate the contribution of pollutants to the city stormwater authority separate storm sewer system by any person;

(2)

Prohibit illicit discharges and illegal connections to the city stormwater authority separate storm sewer system;

(3)

Prevent nonstormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the city separate storm sewer system; and

(4)

To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this article.

(b)

Applicability. The provisions of this article shall apply throughout the entire area of the city.

(c)

Compatibility with other regulations. This article is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this article 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.

(d)

Responsibility for administration. The city shall administer, implement, and enforce the provisions of this article. The director of administration or his or her designee will head the local enforcement authority to administer this article.

(Code 1986, § 6-1-14; Ord. No. 13-05, § 1, 8-30-2005)

An illicit discharge is defined as any discharge to a municipal or county separate storm sewer system (stormwater drainage system) that is not composed entirely of stormwater runoff (except for discharges allowed under an NPDES permit or nonpolluting flows). These nonstormwater discharges occur due to illegal dumping or illegal connections to the stormwater drainage system. This model ordinance provides communities with the authority to deal with illicit discharges and establishes enforcement actions for those persons or entities found to be in noncompliance or that refuse to allow access to their facilities.

(Code 1986, § 6-1-14; Ord. No. 13-05, 8-30-2005)

(a)

Prohibition of illicit discharges. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the city separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater. The following discharges are exempt from the prohibition provision above:

(1)

Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;

(2)

Discharges or flows from firefighting, and other discharges specified in writing by the city as being necessary to protect public health and safety;

(3)

The prohibition provision above shall not apply to 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.

(b)

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

(1)

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

(2)

A person violates this article if the person connects a line conveying sewage to the city separate storm sewer system, or allows such a connection to continue.

(3)

Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the (sanitary sewer department/agency) county sewer department.

(4)

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the director of administration or his or her designee requiring that such locating be completed. Such notice will 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 city stormwater authority.

(Code 1986, § 6-1-14(3))

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city stormwater authority prior to allowing discharges to the (municipal/county) separate storm sewer system.

(Code 1986, § 6-1-14(4))

The city stormwater authority, bearing proper credentials and identification, shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

(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 shall make the necessary arrangements to allow access to representatives of the city stormwater authority.

(2)

The owner or operator shall allow the city stormwater authority 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 city stormwater authority shall have the right to set up on any property or facility such devices as are necessary in the opinion of the city stormwater authority to conduct monitoring and/or sampling of flow discharges.

(4)

The city stormwater authority may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the city stormwater authority. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his or her 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/or sampled shall be promptly removed by the owner or operator at the written or oral request of the city stormwater authority 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 city stormwater authority access to a facility are a violation of this article.

(7)

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

(Code 1986, § 6-1-14(5))

(a)

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 (municipal/county) 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.

(b)

Said person shall notify the authorized enforcement agency in person or by phone, facsimile 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 city stormwater authority 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 shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

(c)

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

(d)

Failure to provide notification of a release as provided above is a violation of this article.

(Code 1986, § 6-1-14(6))

(a)

Violations.

(1)

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

(2)

In the event the violation constitutes an immediate danger to public health or public safety, the city stormwater authority 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/or restore the property. The city stormwater authority is authorized to seek costs of the abatement as outlined in subsection (e) of this section.

(b)

Notice of violation. Whenever the city stormwater authority finds that a violation of this article has occurred, the city stormwater authority may order compliance by written notice of violation.

(1)

The notice of violation shall 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 article 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; and

f.

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

(2)

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; and

f.

The implementation of pollution prevention practices.

(c)

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the city stormwater authority. The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before the city stormwater authority or his or her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.

(d)

Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within ten days of the decision of the appropriate authority upholding the decision of the city stormwater authority then representatives of the city stormwater authority may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

(e)

Costs of abatement of the violation. Within 15 days after abatement of the violation, the owner of the property 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 15 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. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation.

(f)

Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the city stormwater authority shall deem appropriate, after the city stormwater authority has taken one or more of the actions described above, the city stormwater authority may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains un-remedied after receipt of the notice of violation. Upon conviction, a party may be punished as provided by section 1-9.

(g)

Criminal penalties. For intentional and flagrant violations of this article, the city may issue a citation to the alleged violator requiring such person to appear in the city municipal court to answer charges for such violation. Upon conviction, a party may be punished as provided by section 1-9. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(h)

Violations deemed a public nuisance. 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 article 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.

(Code 1986, § 6-1-14(7); Ord. No. 13-05, 8-30-2005)

(a)

Applicability and exemptions.

(1)

No person shall conduct a development activity without a permit. No permit shall be issued without the following:

a.

An approved stormwater management plan;

b.

Right of entry for emergency maintenance if necessary;

c.

Right of entry for inspections;

d.

Any off-site easements needed;

e.

In addition to all plans and permits required for the city, applicants shall obtain all state and federal permits required for the proposed development.

(2)

Stormwater management plans shall not be required for the following activities:

a.

Mining operations or oil and gas exploration, production, processing or treatment operations or transmission facilities, provided the stormwater runoff from these operations is composed entirely of flows which are from conveyances or systems of conveyances used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that has not come into contact with, any overburden, raw material, intermediate products, finished product or byproduct located on the site of such operations;

b.

Such minor development activities as home gardens and individual home landscaping, individual residential repairs, individual residential repairs, individual residential maintenance work, and other individual residential activities which result in minor soil erosion as determined by the director;

c.

Agricultural practices;

d.

Activities of government to mitigate emergency situations.

(3)

Variances.

a.

The director may grant a variance from requirements of this article if exceptional circumstances applicable to a site exist such that strict adherence to ordinance provisions will result in unnecessary hardship and will not fulfill the intent of the ordinance.

b.

The director may grant a variance from requirements of this article if the proposed development activity will not:

1.

Change the rate of volume of runoff significantly;

2.

Have a significant, negative impact on any wetland, watercourse or water body; or

3.

Contribute to degradation of water quality.

(b)

Stormwater management plan approval process.

(1)

Unless granted an exemption any person planning a development shall submit to the director of administration ten copies of a stormwater management plan, prepared in accordance with the stormwater management design manual, for review and approval.

(2)

A permit fee will be collected at the time the stormwater management plan or application for a waiver is submitted. This fee will reflect the cost of administration and management of the stormwater plan review process.

(3)

The director or his or her designee shall review the plan.

a.

The director of the department of administration shall issue a decision approving, rejecting or conditionally approving the plan with modification.

b.

The director's decision will be based on conformance with requirements included in the cities stormwater management design manual. No plan shall be approved unless it conforms with the requirements included in the stormwater management design manual. The director may require such additional documents or other items necessary to make this determination.

c.

If rejected, changes, additional analysis or other information needed to approve the next submittal of the plan shall be identified.

(4)

If the management plan involves any stormwater management facilities or land to be dedicated to public use, the management plan shall be submitted for review and approval to the department having jurisdiction over that land, or other appropriate departments or agencies identified by the director of the department of administration for review and approval.

(5)

Approval plans shall be valid for two year from the date of approval.

a.

Extensions or renewals of plan approvals shall be granted by the director of administration upon written request by the person responsible for the development activity.

b.

A stormwater management plan shall not be considered approved without the inclusion of an approval stamp with a signature and date on the plans from the department of administration. The stamp of approval on the plans is solely an acknowledgment of satisfactory compliance with the requirements of these regulations. The approval stamp does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness or effectiveness of any provision, or omission from the stormwater management plan.

(c)

Permit suspension and revocation.

(1)

The manual shall be developed to assist in design and evaluation of stormwater management facilities and practices. This manual will include, but not be limited to, the following information:

a.

Guidance and specifications for the preparation of stormwater management plans. Acceptable techniques for obtaining, calculating and presenting the information required in the plans shall be described, as will design conditions which must be accounted for.

b.

Guidance in selecting environmental sound practices for managing stormwater. Description of specific techniques and practices shall be included. Development and use of techniques emphasizing use of natural systems shall be encouraged.

c.

Minimum specifications for designing, constructing, and maintaining stormwater management facilities. These specifications shall be established in accordance with current good engineering practices.

d.

Minimum easement requirements.

e.

More complete definitions of some included in the ordinance.

f.

Development performance standards for stormwater management facilities and practices. Methodology/criteria for evaluation will include:

1.

Hydrologic and hydraulic evaluations;

2.

Evaluation of best management practices (BMPs); and

3.

Evaluation of downstream impacts.

g.

Criteria for 100-year floodplain analysis.

(2)

The manual shall be updated periodically to reflect the most current and effective practices and shall be made available to the public.

(3)

The manual is not designed to replace the need for engineering judgment. Rather, other accepted engineering procedures may be used to conduct hydrologic and hydraulic studies if approved by the director of administration.

(Code 1986, § 6-1-14)

(a)

Maintenance and inspection.

(1)

Any stormwater management facility which services a single lot or commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows access for maintenance.

(2)

All other stormwater management control facilities shall be publicly owned and/or maintained only if accepted for maintenance by the city.

(3)

The director may require dedication of privately owned stormwater facilities which discharge to the municipal/county separate stormwater system to the city.

(4)

The department director shall determine inspection schedules necessary to enforce the provisions of this article. Inspections may include, but not limited to, the following:

a.

An initial inspection prior to stormwater management plan approval;

b.

A bury inspection prior to burial of any underground drainage structure;

c.

Erosion control inspections as necessary to ensure effective control of erosion and sedimentation; and

d.

A final inspection when all work, including installation of drainage facilities, has been completed.

(5)

The director or his or her designee, bearing proper credentials and identification, shall be permitted to enter, in accordance with state and federal law, all properties for regular inspections, periodic investigations, observation, measurement, enforcement, sampling and testing, in accordance with provisions of this article. The director or his or her designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency.

(6)

The director or designated employee of the department of administration, bearing proper credentials and identification, shall be permitted to enter, in accordance with state and federal law, all properties for which the city holds a negotiated easement for repairs, maintenance and other purposes related to any portion of the stormwater management facilities lying within said easement. The director or his or her designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency.

(7)

Measurements, tests and analyses performed by the department of administration or required of discharge to the municipal/county system shall be in accordance with 40 CFR 136, unless another method is approved by the director.

(8)

If, after inspection, the condition of a facility presents an immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the city shall have right, but not duty to take action as may be necessary to protect the public and make the facility safe.

(9)

The department of administration shall inspect the work and shall either approve it or notify the applicant in writing in what respects there has been failure to comply with the requirements of the approved stormwater management plan. Any portion of the work which does not comply shall be promptly corrected by the applicant, or said applicant shall be subject to a penalty.

(b)

Off-site drainage facilities.

(1)

The director may allow stormwater runoff that otherwise is of unacceptable quality or which would be discharged in volumes or at rates in excess of those otherwise allowed by this article, to be discharged into drainage facilities off the site of the development, provided the applicant has demonstrated:

a.

Off-site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with requirements of this article.

b.

Adequate provision is made for sharing of construction, maintenance and operating costs of facilities. The developer may be required to pay a portion of the cost of constructing facilities as a condition to receiving approval of the stormwater management design manual.

c.

It is not feasible to completely manage runoff on-site in a manner that meets the design and performance standards found in the cities stormwater management design manual.

(2)

A request to use off-site drainage facilities and all information related to proposed off-site facilities should be made a part of the developer's stormwater management plan.

(3)

Guidelines for consideration of off-site facility use will be defined in the city's stormwater management manual.

(Code 1986, § 6-1-14)

(a)

Penalties.

(1)

Upon determination that a violation of this article has occurred, the director of administration shall give written notice to the accused violator within ten days. This notice shall specify the nature and evidence of violation and the potential penalty involved and the amount of time in which to correct deficiencies, if appropriate.

(2)

Violation of the provisions of this article constitutes an infraction which shall, upon conviction, be punishable as provided by section 1-9. The city may institute appropriate action of proceedings at law or equity for the enforcement of this article or to correct violations of this article. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Each day of noncompliance is considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief.

(3)

Any violator may be required to restore land to its undisturbed condition. If corrective action is not taken in reasonable period of time, the department of administration may take corrective action, the cost of which becomes a lien upon the property.

(4)

Any person who shall proceed with any work which requires a stormwater management plan hereunder without first submitting such plan shall pay the city in addition to any permit or inspection fee, a penalty of $1,000.00.

(5)

Enforcement of this article is final unless the accused violator submits a written request for a hearing within ten days of the violation notice being served.

(b)

Variances from requirements.

(1)

The director may grant a variance from requirements of this article if exceptional circumstances applicable to a site exist such that strict adherence to the provisions of this article will result in unnecessary hardship and will not fulfill the intent of this article.

(2)

A written request for a variance shall be required and shall state the specific variance sought and the reasons, with supporting data, a variance should be granted. The request shall include all information necessary to evaluate the proposed variance.

(3)

The director will conduct a review of the request for a variance within ten working days of receiving the request.

(c)

Appeals.

(1)

Any person aggrieved by a decision of the director (including any decision with reference to the granting or denial of a variance from the terms of this article) may appeal same by filing a written notice of appeal with the director within 30 working days of the issuance of said decision by the director.

(2)

The director can then reverse his or her decision or send this notice to the city council. A notice of appeal shall state the specific reasons why the decision of the director is alleged to be in error, and the director shall prepare and send to the city council and appellant written response to said notice of appeal within 30 days of receipt of the notice.

(3)

All appeals shall be heard by the city council in accord with the city councils authority. The hearing shall be held within 30 days after receipt of notice of appeal or a date mutually agreed upon in writing by the appellant and the mayor. The city council shall then make its findings within 30 days of the appeal hearing. Decisions of the city council shall be based on guidelines for appeals established by this Code and amended from time to time, with guidelines published in a newspaper of general circulation.

(4)

If either the appellant or director is dissatisfied with the city council decision, he or she can appeal said decision to the superior court.

(d)

Cooperation with other governments. The city may enter into agreements with other local governments to carry out the purpose of this article. These agreements may include, but are not limited to, enforcement of provisions, resolution of disputes, cooperative monitoring and cooperative management of stormwater system and management programs.

(e)

Property owner liability-supplemental charges. Any person in violation of any portion of this article shall pay for all city costs associated with the violation including, but not limited to, containment, cleanup, death, legal and other costs.

(Code 1986, § 6-1-14)

(a)

In implementing this article, the City of Pine Lake shall use and require compliance with all relevant design standards, calculations, formulas, methods, and other guidance from the GSMM as well as related appendices.

(b)

This article is not intended to modify or repeal any other article, ordinance, rule, regulation, or other provision of law including, but not limited to, any applicable stream buffers under state or local laws, and the Georgia Safe Dams Act and Rules for Dam Safety. In the event of any conflict or inconsistency between any provision in the City of Pine Lake's MS4 permit and this article, the provision from the MS4 permit shall control. In the event of any conflict or inconsistency between any provision of this article and the GSMM, the provision from this article shall control. In the event of any other conflict or inconsistency between any provision of this article and any other ordinance, rule, regulation or other provision of law, the provision that is more restrictive or imposes higher protective standards for human health or the environment shall control.

(c)

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

(d)

The mayor may from time to time appoint someone to administer and implement this article.

(Ord. No. 2020-07, § 2, 8-11-2020)

This article applies to the following activities:

(1)

New development that creates or adds 5,000 square feet or more of impervious cover, or that involves other land disturbing activities of one acre or more;

(2)

Redevelopment that includes the creation, addition or replacement of 5,000 square feet or more of impervious cover, or that involves other land disturbing activity of one acre or more;

(3)

Any new development or redevelopment, regardless of size, that is a hotspot land use as defined in this chapter; or

(4)

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 surface area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceeds the threshold in (1) and (2) above.

(5)

Linear transportation projects that exceed the threshold in (1) or (2) above.

(b)

The following activities are exempt from this article:

(1)

Land disturbing activity conducted by 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;

(2)

Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement;

(3)

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

(4)

Repairs to any stormwater management facility or practice deemed necessary by the administrator;

(5)

Agricultural practices as described in 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 subsection (a)(l) or (2) above;

(6)

Silvicultural land management activities as described in 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 subsection (a)(l) or (2) above;

(7)

Installation 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; and

(8)

Linear transportation projects being constructed by the City of Pine Lake to the extent the administrator 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 of Pine Lake's linear feasibility program shall first be submitted to the administrator that contains adequate documentation to support the evaluation of the applicable portion(s) and any resulting infeasibility determination, if any, by the administrator.

(Ord. No. 2020-07, § 2, 8-11-2020)

Subject to the applicability criteria in Section 22-55(a) and exemptions in Section 22-55(b), the following stormwater management standards apply. Additional details for each standard can be found in the GSMM Section 2.2.2.2:

(1)

Design of stormwater management system. The design of the stormwater management system shall be in accordance with the applicable sections of the GSMM as directed by the administrator. Any design which proposes a dam shall 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 (minimum of two-foot contours) and steep slopes (i.e., areas with slopes greater than 15 percent);

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); and

f.

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

(3)

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.

(4)

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

a.

For development with a stormwater management plan submitted before July 1, 2020, the applicant may choose either 1. Runoff reduction; or 2. Water quality.

b.

For development with a stormwater management plan submitted on or after July 1, 2020, the applicant shall choose 1. Runoff Reduction and additional water quality shall not be required. To the extent 1. Runoff Reduction has been determined to be infeasible for all or a portion of the site using the Practicability Policy, then 2. 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.

1.

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

2.

Water quality. The stormwater management system shall be designed to remove at least 80 percent 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.

c.

If a site is determined to be a hotspot as detailed in sections 22-1 and 22-55, the City of Pine Lake may require the use of specific or additional components for the stormwater management system to address pollutants of concern generated by that site.

(5)

Stream channel protection. Stream channel protection shall be provided by using all of the following three approaches:

a.

Twenty-four-hour extended detention storage of the one-year, 24-hour return frequency storm event;

b.

Erosion prevention measures, such as energy dissipation and velocity control; and

c.

Preservation of any applicable stream buffer.

(6)

Overbank flood protection. Downstream overbank flood protection shall be provided by controlling the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour storm event.

(7)

Extreme flood protection. Extreme flood protection shall be provided by controlling the 100-year, 24-hour storm event such that flooding is not exacerbated.

(8)

Downstream analysis.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. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises 10% of the total drainage area in accordance with Section 3.19 of 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.

(9)

Stormwater management system inspection and maintenanceThe components of the stormwater management system that will not be dedicated to and accepted by the City of Pine Lake, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, shall 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 shall be written in accordance with the requirements in section 22-59.

(Ord. No. 2020-07, § 2, 8-11-2020)

(a)

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

(b)

Land development applications are handled as part of the process to obtain the land disturbance permit pursuant to section 22-228 or building permit pursuant to section 18-5, as applicable. Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:

(1)

File a land development application with the City of Pine Lake on the city's form of application with the following supporting materials:

a.

The stormwater management plan prepared in accordance with section 22-57(g) and (h);

b.

A certification that the development will be performed in accordance with the stormwater management plan once approved;

c.

A Preliminary determination of infeasibility, if applicable, prepared in accordance with the practicability policy; and

d.

An acknowledgement that applicant has reviewed the city's 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 administrator shall inform the applicant whether the application and supporting materials are approved or disapproved.

(3)

If the application or supporting materials are disapproved, the administrator shall 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 administrator to again consider and either approve or disapprove.

(4)

If the application and supporting materials are the city may issue the associated land disturbance permit or building permit, provided all other legal requirements for the issuance of such permits have been met. The stormwater management plan included in such applications becomes the approved stormwater management plan.

(c)

All development shall be consistent with the approved stormwater management plan and all applicable land disturbance and building permits and s hall be conducted only within the area specified in the approved stormwater management plan. No changes may be made to an approved stormwater management plan without review and advanced written approval by the administrator.

(d)

Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Pine Lake. The pre-submittal meeting should take place based on an early step 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 the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resources protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre- submittal meeting with the City of Pine Lake when applying for a Determination of Infeasibility through the Practicability Policy.

(e)

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

(1)

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

(2)

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).

(3)

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

(f)

The stormwater concept plan shall contain:

(1)

Common address and legal description of the site;

(2)

Vicinity map; and

(3)

Existing conditions and proposed site layout mapping and plans (recommended scale of 1" = 50'), which illustrate at a minimum:

a.

Existing and proposed topography (minimum of two-foot contours);

b.

Perennial and intermittent streams;

c.

Mapping and predominant soils from USDA soil surveys;

d.

Boundaries of existing predominant vegetation and proposed limits of clearing and grading;

e.

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

f.

Location of existing and proposed roads, buildings, parking areas and other impervious surfaces;

g.

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

h.

Preliminary estimates of unified stormwater sizing criteria requirements;

i.

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

j.

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

k.

Flow paths;

l.

Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the floodway (as applicable) and relationship of site to upstream and downstream properties and drainage; and

m.

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

(g)

The stormwater management plan shall contain the items listed in this part and be prepared under the direct supervisory control of either a registered professional engineer or a registered landscape architect licensed in the State of Georgia. Items (3), (4), (5), and (6) shall be sea led 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).

(1)

Natural resources inventory.

(2)

Stormwater concept plan.

(3)

Existing conditions hydrologic analysis.

(4)

Post-development hydrologic analysis.

(5)

Stormwater management system.

(6)

Downstream analysis.

(7)

Erosion and sedimentation control plan.

(8)

BMP landscaping plan.

(9)

Inspection and maintenance agreement.

(10)

Evidence of acquisition of applicable local and non-local permits.

(11)

Determination of infeasibility (if applicable).

(h)

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:

(1)

As-built drawings.

(2)

Hydrology reports.

(3)

Current inspection of existing stormwater management structures with deficiencies noted.

(4)

BMP landscaping plan.

(Ord. No. 2020-07, § 2, 8-11-2020)

(a)

Inspections to ensure plan compliance during construction.

(1)

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

(2)

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

a.

The date and location of the inspection;

b.

Whether construction is in compliance with the approved stormwater management plan;

c.

Variations from the approved construction specifications; and

d.

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

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

(b)

Final inspect ion and as built plans. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant is responsible for certifying that the completed project is functioning properly and in accordance with the approved stormwater management plan and associated hydrologic analysis. The required certification shall 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 build according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the city with the request for a final inspection. The city, or a contractor acting on behalf of the city, shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.

(1)

All applicants are required to submit actual "as built" plans for any stormwater management facilities after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer. A final inspection by the city is required before the release of any performance securities can occur.

(2)

The applicant(s) must certify that the landscaping is established and installed in conformance with the BMP landscaping plan.

(3)

The applicant(s) must deliver to the city a signed inspection and maintenance agreement that has been recorded by the owner in the property record for all parcel(s) that make up the site.

(Ord. No. 2020-07, § 2, 8-11-2020)

(a)

Maintenance of stormwater management systems predating current GSSM. 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 shall be maintained by the owner so that the stormwater management systems perform as they were originally designed.

(b)

Inspection and maintenance agreements.

(1)

The owner shall execute an inspection and maintenance agreement with the city obligating the owner to inspect, clean, maintain, and repair the stormwater management systems, including vegetation in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the form provided by the City of Pine Lake. After the inspection and maintenance agreement has been signed by the owner and the city, the owner shall promptly record such agreement at the owner's cost in the property record for all parcel(s) that make up the site and deliver to the city a copy of document showing the recording.

(2)

The inspection and maintenance agreement shall identify by name or official title the person(s) serving as the point of contact for carrying out the owner's obligations 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.

(3)

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 recorded 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.

(b)

Right of entry for maintenance inspections. The terms of the inspection and maintenance agreement shall provide for the city's right of entry for maintenance inspections and other specified purposes. 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 or 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 pursuant to sections 18-6.

(c)

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 of Pine Lake. 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 or recorded, or has otherwise been invalidated or deemed insufficient then:

(1)

An owner's failure to maintain the stormwater system so that it performs as it was originally designed shall constitute and be addressed as a violation or failure to comply with owner's maintenance obligations pursuant to Chapter 18 and Sections 50-27, 50-28, and 54-32.

(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, lien and emergency measures.

(Ord. No. 2020-07, § 2, 8-11-2020)

Any action or inaction which violates the provisions of this article or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this section. A violation may include, but is not limited to, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspections and may constitute and be addressed as violations of, or failures to comply with the underlying land disturbance permit pursuant to section 22-228 or the underlying building permit pursuant to Chapter 18. 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 other penalties shall not prevent such equitable relief. To address a violation of this article, the city shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits and, in addition, it may utilize the notice and penalty provisions below.

(1)

Notice of violation. 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 article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article 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. The notice of violation shall 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 article 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; and

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, 24-hours' notice shall be sufficient).

(2)

Penalties. In the event 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 following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the city shall 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, 24-hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to 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 that 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. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to 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, 24-hours' notice shall be sufficient) after the city has taken one or more of the actions described 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 article, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in the city magistrate court to answer charges for such violation. Upon conviction, such person shall be punished according to the general penalties described in section 1-9. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 2020-07, § 2, 8-11-2020)

The purposes of the open space development are as follows:

(1)

To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure.

(2)

To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land.

(3)

To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.

(4)

To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.

(5)

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

(6)

To promote interconnected greenways and corridors throughout the community.

(7)

To promote contiguous greenspace with adjacent jurisdictions.

(8)

To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood.

(9)

To encourage street designs that reduces traffic speeds and reliance on main arteries.

(10)

To promote construction of convenient landscaped walking trails and bike paths both within the city and connected to neighboring communities, businesses and facilities to reduce reliance on automobiles.

(11)

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

(l2)

To preserve important historic and archaeological sites.

(Code 1986, § 6-1-14B(1))

(a)

Applicability of regulations. This conservation of open space option is available on all properties zoned residential in the city as a use by right. Applicant shall comply with all other provisions of the zoning code and all other applicable laws, except those that are incompatible with the provisions contained herein.

(b)

Ownership of development site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

(c)

Housing density determination. The maximum number of lots in the subdivision shall be determined, at the discretion of the local jurisdiction, by either of the following two methods:

(1)

Calculation. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

a.

Slopes over 25 percent of at least 5,000 square feet contiguous area;

b.

The 100-year floodplain;

c.

Bodies of open water over 5,000 square feet contiguous area;

d.

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act ("Federal Water Pollution Control Act" 33 USC 1251 et seq.); or

e.

Anticipated right-of-way needs for roads and utilities.

(2)

Yield plan. The maximum number of lots is based on a conventional city design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.

(Code 1986, § 6-1-14B(2))

(a)

Site analysis map required. Concurrent with the submission of a site concept plan, the applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this article. The preliminary site plan shall include the following features:

(1)

Property boundaries;

(2)

All streams, rivers, lakes, wetlands and other hydrologic features;

(3)

Topographic contours of no less than ten-foot intervals;

(4)

All primary and secondary conservation areas labeled by type, as described in section 22-82;

(5)

General vegetation characteristics;

(6)

General soil types;

(7)

The planned location of protected open space;

(8)

Existing roads and structures; and

(9)

Potential connections with existing greenspace and trails.

(b)

Open space management plan required. An open space management plan, as described in section 22-82, shall be prepared and submitted prior to the issuance of a land disturbance permit.

(c)

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in section 22-82, shall be placed on the open space concurrent with the issuance of a land disturbance permit.

(d)

Other requirements. The applicant shall adhere to all other applicable requirements of the underlying zoning and the building code.

(Code 1986, § 6-1-14B(3))

(a)

Definition. The term "open space" means the portion of the city that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

(b)

Standards to determine open space.

(1)

The minimum restricted open space shall comprise at least 40 percent of the gross tract area.

(2)

The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:

a.

The regulatory 100-year floodplain;

b.

Buffer zones of at least 75-foot width along all perennial and intermittent streams;

c.

Slopes above 25 percent of at least 5,000 square feet contiguous area;

d.

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act ("Federal Water Pollution Control Act" 33 USC 1251 et seq.);

e.

Populations of endangered or threatened species, or habitat for such species; and

f.

Archaeological sites, cemeteries and burial grounds.

(3)

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible.

a.

Important historic sites;

b.

Existing healthy, native forests of at least one acre contiguous area;

c.

Individual existing healthy trees greater than eight inches caliper, as measured from their outermost drip line;

d.

Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;

e.

Prime agricultural lands of at least five acres contiguous area; and

f.

Existing trails that connect the tract to neighboring areas.

(4)

Aboveground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 40 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the open space.

(5)

At least 75 percent of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, other protected areas, and nonprotected natural areas that would be candidates for inclusion as part of a future area of protected open space.

(6)

The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe, convenient access to the open space.

(c)

Permitted uses of open space. Uses of open space may include the following:

(1)

Conservation of natural, archeological or historical resources;

(2)

Meadows, woodlands, wetlands, wildlife corridors, game preserves or similar conservation-oriented areas;

(3)

Walking or bicycle trails, provided they are constructed of porous paving materials;

(4)

Passive recreation areas;

(5)

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space;

(6)

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas;

(7)

Nonstructural stormwater management practices;

(8)

Easements for drainage, access and underground utility lines; or

(9)

Other conservation-oriented uses compatible with the purposes of this article.

(d)

Prohibited uses of open space.

(1)

Golf courses;

(2)

Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

(3)

Agricultural and forestry activities not conducted according to accepted best management practices; and

(4)

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

(e)

Ownership and management of open space.

(1)

Ownership of open space. The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.

(2)

Management plan. Applicant shall submit a plan for management of open space and common facilities (plan) that:

a.

Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

b.

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

c.

Provides that any changes to the plan be approved by the city council; and

d.

Provides for enforcement of the plan.

(3)

Liability of party; corrective measures by the city; cost. In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, and may include administrative costs and penalties. Such costs shall become a lien on all properties owned by the same party.

(f)

Legal instrument for permanent protection.

(1)

The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

a.

A permanent conservation easement in favor of either:

1.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

2.

A governmental entity with an interest in pursuing goals compatible with the purposes of this article;

3.

If the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall be included in the easement;

b.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

c.

An equivalent legal tool that provides permanent protection, if approved by the city.

(2)

The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the applicant chooses to place on the use of the open space.

(Code 1986, § 6-1-14B(4))

Designated "preferred" set aside properties will be identified by the city council on a Greenspace priority map. Highest priority will be given to those properties adjacent to wetlands, waterways, or areas of intense drainage.

(Ord. No. 13-06, 10-9-2006)

Editor's note— Ord. No. 13-06, adopted October 9, 2006, did not specifically amend the Code; hence, inclusion as § 22-83 was at the discretion of the editor.

This article shall be known as the "The City of Pine Lake Stream Buffer Protection Ordinance."

(Code 1986, § 6-1-14C(1))

(a)

Findings. Whereas the council and mayor of the city finds that buffers adjacent to streams 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 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. It is the purpose of this article to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

(1)

Create buffer zones along the streams of the city for the protection of water resources; and

(2)

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

(Code 1986, § 6-1-14C(2))

Any action or inaction which violates the provisions of this article or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this section. 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 below shall not prevent such equitable relief.

(1)

Notice of violation. 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 article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article 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. The notice of violation shall 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 article 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; and

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, 24 hours notice shall be sufficient).

(2)

Penalties. In the event 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 following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the city shall 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, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to 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. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to 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, 24 hours notice shall be sufficient), after the city has taken one or more of the actions described 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 article, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in city magistrate court to answer charges for such violation. Upon conviction, such person shall be punished as provided by section 1-9. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Code 1986, § 6-1-14C(10))

(a)

This article shall apply to all land development activity on property containing a stream protection area as defined in section 22-110. 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.

(1)

Grandfather provisions. This article shall not apply to the following activities:

a.

Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of the ordinance from which this section is derived.

b.

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.

c.

Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of the ordinance from which this section is derived.

d.

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 within two years of the effective date of the ordinance from which this section is derived.

(2)

Exemptions. The following specific activities are exempt from this article.

a.

Activities for the purpose of building one of the following:

1.

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

2.

Public water supply intake or public wastewater outfall structures;

3.

Intrusions necessary to provide access to a property;

4.

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

5.

Unpaved foot trails and paths;

6.

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.

b.

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 subsection (b)a of this section.

c.

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

d.

Within an easement of any utility existing at the time this article takes effect or approved under the terms of this article, land disturbance 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.

e.

Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the city on the next business day after commencement of the work. Within ten days thereafter, the person shall 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.

f.

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.

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

(b)

After the effective date of the ordinance from which this section is derived, it shall apply 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 pursuant to section 22-113(b).

(Code 1986, § 6-1-14C(4))

(a)

Buffer and setback requirements. All land development activity subject to this article shall meet the following requirements:

(1)

An undisturbed natural vegetative 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.

(2)

An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

(3)

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

(b)

Variance procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

(1)

Where a parcel was platted prior to the effective date of the ordinance from which this section is derived, and its shape, topography or other existing physical condition prevents land development consistent with this article, and the city finds and determines that the requirements of this article 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.

(2)

Except as provided above, the city council shall grant no variance from any provision of this article without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the council. The city shall give public notice of each such public hearing in a newspaper of general circulation within the city. 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. Variances will be considered only in the following cases:

a.

When a property's shape, topography or other physical conditions existing at the time of the adoption of this article prevents land development unless a buffer variance is granted.

b.

Unusual circumstances when strict adherence to the minimal buffer requirements in this article would create an extreme hardship.

Variances will not be considered when, following adoption of this article, 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 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 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; and

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.

(Code 1986, § 6-1-14C(5))

This article 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 article should be considered minimum requirements, and where any provision of this article 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.

(Code 1986, § 6-1-14C(6))

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;

b.

Limits of required stream buffers and setbacks on the property;

c.

Buffer zone topography with contour lines at no greater than five-foot contour intervals;

d.

Delineation of forested and open areas in the buffer zone; and

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; and

(3)

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

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

(Code 1986, § 6-1-14C(7))

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this article 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 the city, its officers or employees, for injury or damage to persons or property.

(Code 1986, § 6-1-14C(8))

(a)

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 city in making such inspections. The city shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this article, 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 city administrator and 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 in the process of carrying out official duties.

(Code 1986, § 6-1-14C(9))

(a)

Administrative appeal. Any person aggrieved by a decision or order of city, may appeal in writing within five days after the issuance of such decision or order to the director of administration of the city and shall be entitled to a hearing before the city council of the city within 30 days of receipt of the written appeal.

(b)

Judicial review. Any person aggrieved by a decision or order of city, after exhausting all administrative remedies, shall have the right to appeal to a court of competent jurisdiction.

(Code 1986, § 6-1-14C(11))

Litter found throughout our community often finds its way into our streams, rivers and lakes and detracts from our quality of life. Pollutants carried into our streams, rivers and lakes by litter, diminish the quality of our water and its aquatic resources. Litter control ordinances provide a prohibition against littering and provide an enforcement mechanism with penalties for dealing with those found littering.

(Code 1986, § 6-1-14D(1))

The purpose of this article is to protect the public health, safety, environment and general welfare through the regulation and prevention of litter. The objectives of this article are:

(1)

Provide for uniform prohibition throughout the city of any and all littering on public or private property; and

(2)

Prevent the desecration of the beauty and quality of life of the city and prevent harm to the public health, safety, environment and general welfare, including the degradation of water and aquatic resources caused by litter.

(Code 1986, § 6-1-14D(1.1))

This article shall apply to all public and private property within the city.

(Code 1986, § 6-1-14D(1.2))

This article replaces in its entirety section 50-60, but is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or 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.

(Code 1986, § 6-1-14D(1.3))

(a)

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

(b)

Evidence.

(1)

Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of this article, it shall be prima facie evidence that the operator of the conveyance has violated this article.

(2)

Except as provided in subsection (b)(1) of this section, whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this article is discovered to contain any article, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this article.

(c)

Penalties. Any person who violates this article shall be guilty of a violation and, upon conviction thereof, shall be punished as follows:

(1)

As provided by section 1-9;

(2)

In addition to the fine set out in subsection (c)(1) of this section, the violator shall reimburse the city for the reasonable cost of removing the litter when the litter is or is ordered removed by the city; and

(3)

a.

In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right-of-way for a distance not to exceed one mile any litter he or she has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or

b.

In the sound discretion of the court, the person may be directed to pick up and remove any and all litter from any public property, private right-of-way, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he or she has deposited litter. Pick up and removal shall include any and all litter deposited thereon by anyone prior to the date of execution of sentence; and

(4)

The court may publish the names of persons convicted of violating this article.

(d)

Enforcement. All law enforcement agencies, officers and officials of this state or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this article.

(Code 1986, § 6-1-14D(5))

It shall be unlawful for any person to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this city or any waters in this city unless:

(1)

The property is designated by the state or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property;

(2)

The litter is placed into a receptacle or container installed on such property; or

(3)

The person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.

(Code 1986, § 6-1-14D(3))

No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway.

(Code 1986, § 6-1-14D(4))

(a)

Findings of fact.

(1)

The wetlands within the city are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic well-being of many communities within the state.

(2)

Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

(3)

It is therefore necessary for the city to ensure maximum protection for wetlands by discouraging development activities that may adversely affect wetlands.

(b)

Title and purpose. This article shall be known as the "Wetland Protection Ordinance of the City of Pine Lake, Georgia." The purpose of this article is to promote wetland protection, while taking into account varying ecological and economical development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process. The objective of this article is to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain and erosion control, groundwater recharge, aesthetic nature and wildlife habitat.

(Code 1986, § 6-1-17(1))

(a)

Generalized wetland map. The generalized wetland map of the city is hereby adopted by reference and incorporated as a part of this article as if fully set out herein. It is a general reference document and applies to all lands within wetlands located within the jurisdiction of the city. The generalized wetland map shows the general location of wetlands and should be consulted by persons contemplating activities in or near wetlands. The generalized wetland map shall be on file in the office of the city clerk.

(b)

Boundaries. The generalized wetland map is a general reference document, and wetland boundaries indicated on the map are approximations. The purpose of the generalized wetland map is to alert developers/landowners if they are within proximity to a wetland, which means that there is a high likelihood of the presence of a jurisdictional wetland and a need for the developer/landowner to seek U.S. Army Corps of Engineers guidance as to whether a section 404 permit will be required prior to any activity. The generalized wetland map does not represent the boundaries of jurisdictional wetlands within the jurisdiction of the city and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act ("Federal Water Pollution Control Act" 33 USC 1251 et seq.), as amended. Any local government action under this article does not relieve the landowner from federal or state permitting requirements.

(c)

Relationship to zoning. The wetland protection district is hereby established. The wetland protection district shall comprise an overlay zone that supplements and is indicated on the city zoning map, which is hereby incorporated and made part of this article by reference. When the two conflict, the more restrictive provisions shall apply.

(Code 1986, § 6-1-17(2))

(a)

Requirements. No regulated activity will be allowed within the wetland protection district without written permission from the city in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this article and other applicable regulations. All activities that are not identified in subsection (b) of this section or by other local development ordinances, shall be prohibited without prior issuance of a local development permit. If the area proposed for development is located within 100 feet of the wetland protection district boundary, as determined from the generalized wetland map, a U.S. Army Corps of Engineers' determination shall be required. If the Corps determine the wetlands are present on the proposed development site and that a section 404 permit or letter of permission is required, a local development permit will be issued only following issuance of the section 404 permit or letter of permission.

(b)

Permit requirements within the wetland district setback. Prior to issuance of any development permit for activity within 100 feet of a wetland, the applicant must include, with the site plans for the proposed action, documentation that the following post-development conditions will prevail at the site:

(1)

The rate of stormwater runoff, volume of stormwater runoff and peak runoff from the site will not exceed pre-development levels.

(2)

The amount of the following pollutants carried within runoff from the site will not exceed pre-development conditions:

a.

Phosphorus;

b.

Nitrogen;

c.

Zinc;

d.

Lead.

In addition, biological oxygen demand (BOD) and turbidity (TSS) shall not exceed pre-development levels.

(3)

In addition to other fees assessed, the applicant may be held liable for costs incurred by the city during evaluation of the performance standards evaluation.

(c)

Permissible uses (uses as of right). The following uses shall be allowed as of right within a wetland to the extent they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining or dredging except as provided herein:

(1)

Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided that they do not affect waters of the state or of the United States in such a way that would require an individual 404 permit.

(2)

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding and canoeing.

(3)

Forestry practices applied in accordance with best management practices approved by the state forestry commission and as specified in section 404 of the Clean Water Act ("Federal Water Pollution Control Act" 33 USC 1251 et seq.). (Note: Section 404 does not require permits for normal, ongoing silvicultural activities. However, section 404 does list some required performance standards and 15 specific road construction best management practices (BMPs) that must be followed in order to qualify for such an exemption.)

(4)

The continued cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the state department of agriculture, and an undisturbed vegetated setback/buffer of 50 feet shall be maintained between the agricultural practice and the wetland.

(5)

Education, scientific research and nature trails.

(6)

Temporary emergency permits can be issued by the city for the following reasons:

a.

Maintenance or repair of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone or other services, provided that such roads, structures or facilities are not materially changed or enlarged and written notice prior to the commencement of work has been given to the city and provided that the work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment will be minimized.

b.

Temporary water-level stabilization measures associated with ongoing silvicultural operations.

c.

Limited ditching, tilling, dredging, excavating or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration or loss of wetlands not previously subject to agricultural and silvicultural use under the terms and provisions of subsection (c)(4) of this section

d.

Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters or other similar water-related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland.

(d)

Site plans. Applications for a local development permit within the generalized wetland protection district shall include a site plan, drawn at a scale of one inch equals 50 feet, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 50 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affect perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to two percent.

(6)

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

(7)

All proposed temporary disruptions or diversions of local hydrology.

(e)

Activities to comply with site plan. All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. The site plan may be amended only with the approval of the city. The city may require additional information deemed necessary to verify compliance with the provisions of this article or to evaluate the proposed use in terms of the purposes of this article.

(f)

Filing fee. At the time of the application, the applicant shall pay a filing fee specified by the city. Filing fees up to a maximum of $500.00 may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation and wetland boundary determinations as deemed necessary by the city.

(g)

Enforcement authority. The city is hereby established as the administrator of this article.

(h)

Review procedures. The application shall be made to the city and will be reviewed within two working days. The review period shall begin upon determination by the city that the application submitted is complete. The review period shall include the preparation of findings (approval or disapproval) by the city. The applicant will receive written notification of the findings of the city. If the review process is not completed within 31 days, the application is considered to be approved.

(i)

Appeals. Decisions on permit applications made by the city may be appealed to the city council. The appeal must be made within ten days of the decision rendered by the city. A public hearing shall be held for appeals. Public announcement of the hearing shall be printed in a local newspaper of general circulation at least 14 days prior to the hearing. Any person may offer testimony at the hearing. The decision of the city council may be appealed to a court of competent jurisdiction, as discussed in section 22-189.

(j)

Duration of permit validity.

(1)

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

(2)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire six months after the date that work ceased.

(3)

Written notice of the pending expiration of the development permit shall be issued by the city.

(Code 1986, § 6-1-17(3))

(a)

The city, its agent, officers and employees shall have the authority to enter upon privately owned land for the purpose of performing their duties under this article and may make or cause to be made such examinations, surveys or sampling as the city deems necessary.

(1)

All enforcement and monitoring activities conducted by the city that involves entrance to privately owned land by the city shall be preceded by written notification to the landowner. Said notification shall be issued at least three days prior to the activities specified in the notification.

(2)

The city shall have authority to enforce this article, issue permits hereunder and address violations or threatened violations hereof by issuance of violation notices, administrative orders and civil and criminal actions. All costs, fees and expenses in connection with such actions may be recovered as damages against the violator.

(3)

Law enforcement officials or other officials having police powers shall have authority to assist the city in enforcement.

(4)

The city shall have authority to issue cease and desist orders in the event of any violation of this article. Cease and desist orders may be appealed to a court of competent jurisdiction, as identified in section 22-189.

(b)

The city may require a bond in an amount of $500.00 and with surety and conditions sufficient to secure compliance with the conditions set forth in the permit. The particular amount and the conditions of the bond shall be consistent with the purposes of this article. In the event of a breach of any condition of any such bond, the city may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution.

(Code 1986, § 6-1-17(4))

(a)

Any person who commits, takes part in or assists in any violation of any provision of this article may be punished according to the general penalties described in section 1-9. Each violation shall be a separate offense and, in the case of continuing violation, each day's continuance shall be deemed to be a separate and distinct offense.

(b)

When a building or other structure has been constructed in violation of this article, the violator may be required to remove the structure at the discretion of the city.

(c)

When removal of vegetative cover, excavation or fill has taken place in violation of this article, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the city.

(d)

If the city discovers a violation of this article that also constitutes a violation of any provision of the Clean Water Act ("Federal Water Pollution Control Act" 33 USC 1251 et seq.) as amended, the city shall issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and the landowner.

(e)

Suspension; revocation. The city may suspend or revoke a permit if it finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The city shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the wetland is located.

(Code 1986, § 6-1-17(5))

(a)

Jurisdiction. All final decisions of the city concerning denial, approval or conditional approval of a special permit shall be subject to review in the county superior court.

(b)

Alternative actions. Based on these proceedings and the decision of the court, the city may, within the time specified by the court, elect to:

(1)

Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

(2)

Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

(3)

Institute other appropriate actions ordered by the court that fall within the jurisdiction of the city.

(Code 1986, § 6-1-17(6))

These regulations and the generalized wetland map may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information concerning wetland locations, soils, hydrology, flooding or plant species peculiar to wetlands becomes available.

(Code 1986, § 6-1-17(7))

Assessors and boards of assessors shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a conservation program with the government or a nonprofit organization restricting activities in a wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessment on the wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers and water mains.

(Code 1986, § 6-1-17(8))

This article will be known as "The City of Pine Lake Soil Erosion, Sedimentation and Pollution Control Ordinance."

(04-2012, § I, 11-12-2012)

The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:

Best Management Practices (BMPs): These include 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 Commission as of January 1 of the year in which the land-disturbing activity was permitted.

Board: The Board of Natural Resources.

Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Certified Personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Commission: The Georgia Soil and Water Conservation Commission (GSWCC).

CPESC means a Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation.

Department: The Georgia Department of Natural Resources (DNR).

Design professional means a professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by EnviroCert, Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

Director: The Director of the Environmental Protection Division or an authorized representative.

District: The DeKalb County Soil and Water Conservation District.

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

Drainage Structure: A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.

Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least as stringent as the State General Permit, best management practices, and requirements in section 22-226.C. of this article.

Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Final stabilization means all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or landscaped according to the Plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Ground Elevation: The original elevation of the ground surface prior to cutting or filling.

Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 5.

Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Local Issuing Authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. 12-7-8.

Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. 12-5-440 et seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling.

Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present.

NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit.

NOT: A Notice of Termination form provided by EPD to terminate coverage under the State General Permit.

Operator: The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outfall: The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this article.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity.

Phase or Phased: Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project: The entire proposed development project regardless of the size of the area of land to be disturbed.

Properly Designed: Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal.

Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion.

Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the DeKalb County Soil and Water Conservation District.

Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State General Permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30.

State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Trout Streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.epd.georgia.gov. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

a.

Permanent seeding, sprigging or planting, producing long-term vegetative cover, or

b.

Temporary seeding, producing short-term vegetative cover; or

c.

Sodding, covering areas with a turf of perennial sod-forming grass.

Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(04-2012, § II, 11-12-2012; Ord. No. 04-2016, §§ 1—4, 12-12-2016)

This article shall apply 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".

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 (1) 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 paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the Local Issuing Authority;

5.

Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; 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 paragraphs (15) and (16) of Section 22-226.C. of this article, 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 (3) years after completion of such forestry practices;

7.

Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture;

8.

Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, "State Waters" excludes channels and drainage ways 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 drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section;

9.

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, 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 the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-7.1; except where the Department of Transportation, 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 Local Issuing Authority, the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 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 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 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 Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and

11.

Any public water system reservoir.

(04-2012, § III, 11-12-2012)

A.

General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this article shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section 22-226.B. and C. of this article. 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. 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 article and the NPDES General Permit.

B.

Minimum Requirements/BMPs.

1.

Best management practices as set forth in Section 22-226.B.and C. of this article shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. 12-5-30, 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 subsection (b).

2.

A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph 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 five (5) acres.

3.

Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30, 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 Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur.

5.

The LIA may set more stringent buffer requirements than stated in C.15. and 16., in light of O.C.G.A. § 12-7-6(c).

C.

Additional Requirements. 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, 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.

Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;

2.

Cut-fill operations must be kept to a minimum;

3.

Development plans must conform to 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 the 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 practices shall be installed as soon as practicable;

9.

To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of 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 may not endanger adjoining property;

12.

Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;

13.

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;

14.

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 Section 22-226.B.2. of this article;

15.

Except as provided in paragraph (16) of this subsection, 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, 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 ground-water 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. 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; 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; and

16.

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, 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 allow 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 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; 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.

D.

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 Section 22-226.B. and C. of this article.

E.

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 for in this article or the terms of the permit.

(04-2012, § IV, 11-12-2012)

A.

General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this article, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the owner and/or operator are the only parties who may obtain a permit.

B.

Application Requirements.

1.

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the City of Pine Lake, GA without first obtaining a permit from the City of Pine Lake to perform such activity and providing a copy of Notice of Intent submitted to EPD, as applicable.

2.

The application for a permit shall be submitted to the City Manager or his/her designee and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section 22-227.C. of this article. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section 22-226.B. and C. of this article will be met. Applications for a permit will not be accepted unless accompanied by up to six copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10. Additional copies of the applicant's erosion, sedimentation and pollution control plans may also be submitted directly to EPD, as specified by the City of Pine Lake.

3.

The City of Pine Lake assesses local permitting fees and also state-mandated fees. All applicable fees shall be paid prior to issuance of the land disturbance permit. Except as otherwise provided for herein, fees for an application for a permit on a per-acre of land disturbed basis, as required by this article, shall be as established by the City of Pine Lake from time to time by resolution of the City Council. In addition to the local permitting fees, state-mandated fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), and regulations adopted thereunder by EPD, in the amount of $80.00 per disturbed acre, to be divided as follows: $40.00 per acre to Bartow County and $40.00 per acre to the Georgia Environmental Protection Division. In the case of a subdivision or other larger common plan of development or sale, "per disturbed acre" includes all acreage to be disturbed in the entire development. Fees for the county shall be submitted to the county including primary and secondary permittees. Fees for the state shall be submitted to the state on EPD forms available at http://www.gaepd.org. However, any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the division.

4.

Immediately upon receipt of an application and plan for a permit, the City of Pine Lake shall refer the application and plan to the 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 shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the City of Pine Lake. No permit will be issued unless the plan has been approved by the District, and any variances required by Section 22-226.C. 15. and 16. has been obtained, all fees have been paid, and bonding, if required as per Section 22-227.B.6., have been obtained. Such review will not be required if the City of Pine Lake and the District enter 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.

5.

If a permit applicant has had two or more violations of previous permits, this article section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the Local Issuing Authority may deny the permit application.

6.

The City of Pine Lake shall 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, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the City may call the bond 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. The City Manager may release a portion of the letter of credit, for the land-disturbing amount, after final stabilization is complete and all permanent vegetation and stabilization measures are in place. If the permit holder believes they are not in violation of this article such that the surety should not be drawn against, the permit holder may appeal any notice to comply to the City of Pine Lake. Appeal shall be made by filing a written notice of appeal within five days of any notice to comply to with the City Manager stating the basis for the appeal. The City Council shall consider the appeal at the next scheduled public meeting. Except in emergency situations, the surety shall not be drawn against until the appeal is considered. The decision of the City Council shall be final.

C.

Plan Requirements.

1.

Plans must be prepared to meet the minimum requirements as contained in Section 22-226.B. and C. of this article, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this article. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. 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 inspections 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.

2.

Data Required for Site Plan shall include 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.

D.

Permits.

1.

Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the City of Pine Lake of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.

2.

No permit shall be issued by the City of Pine Lake unless the erosion, sedimentation and pollution control plan has been approved by the District and the City Manager or his/her designee has affirmatively determined that the plan is in compliance with this article, any variances required by Section 22-226.C. 15. and 16. are obtained, bonding requirements, if necessary, as per Section 22-227.B.6. are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the City of Pine Lake are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

3.

Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this article, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority.

4.

If the tract is to be developed in phases, then a separate permit shall be required for each phase.

5.

The permit may be suspended, revoked, or modified by the City of Pine Lake, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

6.

The City of Pine Lake 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 prior to the date of the application, in light of O.C.G.A. 12-7-7(f)(1).

(04-2012, § V, 11-12-2012)

A.

The City of Pine Lake is responsible for periodically inspecting all 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 erosion and sedimentation. Also, the City of Pine Lake shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article.

B.

The City of Pine Lake must amend its ordinances to the extent appropriate within twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.

C.

The City of Pine Lake shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this article, 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.

D.

No person shall refuse entry or access to any authorized representative or agent of the Local Issuing Authority, 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 official duties.

E.

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). 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. The District or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found.

F.

The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to Code Section 12-7-8(a). Such review may include, but shall 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. 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. 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. If the county or municipality does not take 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.

(04-2012, § VI, 11-12-2012)

A.

Failure to Obtain a Permit for Land-disturbing Activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Local Issuing Authority.

B.

Stop-Work Orders.

1.

For the first and second violations of the provisions of this article, the Director or the City of Pine Lake 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 or the City of Pine Lake 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 or the City of Pine Lake shall issue an immediate stop-work order in lieu of a warning;

2.

For a third and each subsequent violation, the Director or the City of Pine Lake shall issue an immediate stop-work order; and;

3.

All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

4.

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 City of Pine Lake or by the Director or his or her Designee, 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 City or by the Director or his or her Designee. 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. 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 and sediment controls.

C.

Bond Forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Section 22-227.B.6. The City of Pine Lake 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.

D.

Monetary Penalties. Any person who violates any provisions of this article, or any permit condition or limitation established pursuant to this article, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any City Charter to the contrary, municipal courts shall be 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 county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under county ordinances approved under this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(04-2012, § VII, 11-12-2012)

A.

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.

B.

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 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.

C.

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 article.

D.

If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-19, 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 paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

(04-2012, § VIII, 11-12-2012)

A.

Administrative Remedies. The suspension, revocation, modification or grant with condition of a permit by the Local Issuing Authority 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 ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Pine Lake City Council within thirty (30) days after receipt by the City Manager of written notice of appeal.

B.

Judicial Review. Any person, aggrieved by a decision or order of the Pine Lake City Council, after exhausting his administrative remedies, shall have the right to appeal de novo to the Municipal Court of City of Pine Lake, Georgia.

(04-2012, § IX, 11-12-2012)

A.

Effectively. This article shall become effective upon adoption.

B.

Validity. If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this article.

C.

Liability.

1.

Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Local Issuing Authority or 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 article or the terms of the permit.

3.

No provision of this article shall permit any persons 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.

(04-2012, § X, 11-12-2012)

a.

The purpose of this ordinance is to recognize the importance of trees to the environment within the City of Pine Lake for the purposes of health and welfare, beauty, safety, history, and general well-being, and to promote: (1) tree conservation, (2) the increase, renewal, and proliferation of trees and the tree canopy, and (3) the protection of existing trees. This ordinance is designed to provide reasonable minimum standards regarding the preservation, planting, protection and maintenance of trees within the City. The provisions and regulations contained herein, along with the Administrative Standards and Best Management Practices for Pine Lake's Urban Forest, will guide practices to accomplish said purpose.

b.

The City of Pine Lake further recognizes benefits derived from the conservation, proliferation, and renewal of trees and increased canopy including but not limited to:

i.

The improvement of air quality by providing filtration of dust and fumes;

ii.

The conservation of energy and mitigation of the urban heat island effect through shading and transpiration;

iii.

The reduction of storm water runoff and flooding by dissipating rainfall and absorbing moisture;

iv.

The reduction of soil erosion and improved water quality;

v.

The improvement of habitat for desirable wildlife by providing diversity for food, shelter, and nesting sites;

vi.

The reduction of health risks to residents due to improved environmental conditions;

vii.

The improvement of community aesthetics and quality of life by having a diverse environment;

viii.

The reduction of ambient noise levels;

ix.

The mitigation of conditions in areas of vehicular use by providing buffering and shading; and

x.

The general enhancement of economic value to properties.

c.

The requirement of a high level of quality in the maintenance and development of land is consistent with community standards and the economic necessity of maintaining Pine Lake as a desirable place to live and conduct business.

d.

The intent of this ordinance is to preserve and enhance the city's tree canopy and provide environmental education to the residents of the city.

(Ord. No 09-07, § 1, 8-13-2007)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Administrative Standards: The Administrative Standards and Best Management Practices for Pine Lake's Urban Forest prepared in conjunction with this Ordinance and which, as they exist and may be amended from time to time, shall be incorporated herein, and a copy of which shall be maintained in the office of the City Clerk of the City of Pine Lake, Georgia. If any term of the Administrative Standards is deemed to conflict with the terms of this article, the terms of the Ordinance shall be controlling.

Boundary Tree: A tree 18 inches (dbh) or larger located on a property adjacent to a permitting property whose critical root zone or canopy extends into that permitting property.

Buffer Tree: A tree 18 inches (dbh) or larger located in the minimum required yards/setbacks of any property.

Buildable Area: The area of a lot within a given zoning district not to include the minimum required yards/setbacks of any property.

Caliper: The trunk diameter measurement of nursery stock trees measured at 6 inches above the ground up to and including 4 inches caliper size and 12 inches above the ground for larger trees.

Canopy Requirements: The percentage of tree Canopy coverage as set forth in Exhibit "A," Table 1, Canopy Requirements Table. For the purposes of this ordinance the canopy percentage on any property shall be the square footage of the total existing tree Canopy on a property, divided by the total square footage of the permitting property.

Canopy Tree: A large or medium tree with a crown size and shape that will typically provide at maturity significant shade and beneficial effects on temperature, air quality, water quality, and other environmental conditions. A canopy tree is also referred to as a "shade tree."

Certified Arborist: an arborist certified by the International Society of Arboriculture as possessing the minimum level of competency required to practice arboriculture.

Critical Root Zone: The minimum rooting volume of a tree necessary to sustain the tree's life, generally defined by the tree's drip line or 1.25 feet for every inch (dbh), which ever is greater, to a depth of 3 feet.

Damaged Tree: A tree that has damage to any of its parts, including the roots, root buttress, trunk, or branches.

Destroyed Tree: A tree, which has damage to any of its parts causing, as determined by the Pine Lake Arborist, the tree's survival beyond three (3) growing seasons to be unlikely.

Diameter at Breast Height (dbh): The diameter of a tree's trunk measured at 4.5 feet above the ground. For multi-trunk trees the diameter is measured at the narrowest point beneath the point of attachment of the multiple trunks.

Ecological Compatibility: The suitability and functionality of a given tree species for its growing site based on its potential size, slope, exposure, soil, and drainage preferences; growth and structural characteristics; and use in the landscape.

Hazardous Tree A tree where the tree is at risk for failure because it is dead or structurally defective, and where that failure could result in personal injury or property damage, as determined by the Director of Administrator or his/her designee.

Land Disturbance Permit: A permit issued by the City of Pine Lake that authorizes the alteration or development of a given tract of land or any land disturbing activity.

Landmark Tree: A: (1) hardwood tree 27 inches (dbh) or larger, (2) pine tree 30 inches (dbh) or larger, provided that it is not located within thirty (30) feet of any structure, or (3) dogwood or redbud tree 10 inches (dbh) or larger being in fair or better condition.

Pine Lake Arborist/City Arborist: The individual authorized by the Director of Administration to administer and enforce the requirements and standards as set forth in the Pine Lake Tree Conservation Ordinance.

Protected Tree: A tree 18 inches (dbh) or larger, other than a Landmark Tree or Buffer Tree, in fair or better condition.

Qualified Professional: Any individual possessing a degree in forestry, urban forestry, landscape architecture, or horticulture, and certified by the International Society of Arboriculture.

Site/Tree Conservation Plan (STCP): A plan as required in Section 6 of this article.

Tree: A self-supporting woody plant material capable of reaching a minimum (dbh) of 6 inches and a height of 15 feet.

Tree Authority Board (TAB): A board consisting of Pine Lake residents, established by City Council, which presides in conjunction with the city administration to oversee the permitting of tree removal. The Mayor and City Council are explicitly authorized to appoint the Mayor and City Council to serve as the Pine Lake Tree Authority Board.

Tree Bank: an account within the city budget to receive funds to be used for future tree plantings.

Tree Canopy: The square footage of the aggregate of the canopy of all trees contained on a property.

Tree Protection Zone: The area of a lot for a given zoning district defined by the minimum required yards and the critical root zone of any protected tree.

Tree Removal Permit: A permit as required pursuant to this Ordinance issued by the City of Pine Lake for land disturbance or the removal of trees.

(Ord. No 09-07, § 2, 8-13-2007; Ord. No. 2022-01, § 2, 1-11-2022)

a.

The removal or destruction of any Landmark Tree shall require a Tree Removal Permit pursuant to Section 22-254(a) of this article.

b.

Any land disturbing activity or construction activity including but not limited to grading, digging, soil disturbance or other activity which could result in damage to root structure in the Critical Root Zone of any Boundary Tree shall require a Tree Removal Permit pursuant to Section 22-254(b) of this article.

c.

The removal or destruction of any Landmark Tree, Protected Tree or Buffer Tree on residential property devoted to any residential use shall require compliance with Section 22-255 of this article.

d.

The removal or destruction of: (1) any Protected Tree on property devoted to other than single family or duplex residential use, or (2) any Landmark Tree, Protected Tree or Buffer Tree in conjunction with activity requiring the issuance of a building permit (other than a building permit for a deck or open air patio not to exceed 200 square feet, fence, or interior renovations), demolition permit, land disturbance permit, or erosion and grading permit by the City of Pine Lake, Georgia, shall require a Tree Removal Permit in compliance with Section 22-256 hereof.

e.

All permit requirements as set forth herein shall be deemed cumulative with the most restrictive category being operative regarding any particular application.

f.

A Hazardous Tree may be removed without a Tree Removal Permit; provided, however, should the Hazardous Tree have otherwise met the requirements of being a tree protected under the terms of this article, including but not limited to a Landmark Tree, Buffer Tree, Boundary Tree, or Protected Tree, the owner of the property shall immediately notify the City of Pine Lake of the removal of the tree and provide documentation from a certified arborist that the removed tree was a Hazardous Tree as defined herein. Should it be determined that any tree so removed was not a Hazardous Tree, the provisions of this article shall be applied regarding the removal of such tree.

g.

A tree may be removed without a Tree Removal Permit if it is no greater that 6' in height, measured from the base of the trunk to the top most point.

h.

Nothing in this article shall prohibit or restrict normal tree maintenance (including the removal of dead wood and branches or limbs which endanger life or property); provided however that no tree protected herein shall be limbed, topped or pruned in a manner so as to deprive the tree of continued viability.

(Ord. No 09-07, § 3, 8-13-2007)

a.

Landmark Trees.

i.

A Tree Removal Permit allowing the destruction or removal of a Landmark Tree pursuant to this Section shall be permitted only if the City of Pine Lake determines that the removal of said Landmark Tree is warranted based upon: (1) the size and configuration of the property; (2) the physical condition of the Landmark Tree; (3) the Tree Canopy of common areas adjacent to the property; or (4) other factors creating undue hardship for the applicant including but not limited to: pedestrian or vehicle traffic on or adjacent to the property; the configuration of buildings, structures and utilities on or adjacent to the property; cost effectiveness of potential alternatives to tree removal; whether the tree contributes to meeting any of the requirements set forth in this article or other requirements set forth by the City; or generally recognized good forestry practices.

ii.

All Landmark Trees removed pursuant to section (i) above shall be replaced by the planting of a new tree(s) on the property of a comparable species and with a canopy potential of 150% of the canopy of the Landmark Tree to foster the enhancement of the tree canopy. If, however, the City Arborist determines that replacement is not practical based upon the factors set forth in (a)(i) above, payment may be made into the Pine Lake Tree Bank in lieu of replacement planting. The compensation for the lost Tree Canopy shall be calculated on a square foot lost/replaced basis as set forth on Exhibit "A," Table 2, Canopy and Cost Assignment.

iii.

A Tree Removal Permit shall not be issued until both: (1) payment of any required amounts have been received by the Pine Lake Tree Bank, and (2) the City has been provided adequate assurances of any required canopy replacement, as reflected in the approved site plan.

b.

Boundary Trees.

i.

No land disturbing activity or construction activity including but not limited to grading, digging, soil disturbance or other activity resulting in damage to root structure in the Critical Root Zone of any Boundary Tree shall be permitted should the City Arborist determine that the activity will deprive the Boundary Tree of continued viability.

ii.

Should the City Arborist determine that it is uncertain whether the proposed land disturbance or construction activity will deprive the Boundary Tree of continued viability, and that there is not a sufficient basis to prohibit the activity under section (b)(i), a Tree Removal Permit allowing the activity shall be issued only after compliance with Section 22-257 of this article.

iii.

Should the City Arborist determine that the proposed land disturbance or construction activity will not deprive the Boundary Tree of continued viability; a Tree Removal Permit shall be issued.

(Ord. No 09-07, § 4, 8-13-2007)

A Tree Removal Permit pursuant to this Section shall be issued only upon compliance with the following:

a.

Required Documentation. In conjunction with an application pursuant to this section, the applicant shall submit to the Director of Administration documentation (i.e. photographs, drawings, or similar documentation deemed acceptable by the Director of Administration) showing the location of all existing Trees on the property. Such documentation shall show the location, species, and approximate caliper size of all existing trees noting with specificity the Landmark Trees, Protected Trees and Buffer Trees which are proposed to be removed pursuant to this Section.

b.

Landmark Trees. The removal of Landmark Trees pursuant to the Section shall be in accordance with Section 22-254(a).i-ii. above.

c.

Protected Trees. If:

i.

the applicant has submitted the documentation required by Section 22-255(a) to the City of Pine Lake not less than fourteen (14) business days prior to the proposed removal of Protected Trees, and (2) the removal or destruction of the Protected Trees, in conjunction with all tree removal being conducted, will not cause the Tree Canopy on the property to fall below the Canopy Requirements, a Tree Removal Permit may be issued upon review of submitted documentation.

ii.

For the removal or destruction of Protected Trees on property not meeting the Canopy Requirements, or property on which the removal or destruction of the Protected Tree, in conjunction with all tree removal being conducted, will cause the Tree Canopy to fall below the Canopy Requirements, the applicant shall, at his election, provide for mitigation of all lost Tree Canopy below the Canopy Requirements by: (A) replacing the lost Tree Canopy through planting tree(s) on the property of comparable species and canopy potential, or (B) payment into the Pine Lake Tree Bank for the lost Tree Canopy. The compensation for the lost Tree Canopy shall be calculated on a square foot lost/replaced basis as set forth on Exhibit "A," Table 2, Canopy and Cost Assignment.

d.

Buffer Trees.

i.

The removal or destruction of Buffer Trees shall be permitted only if the City Arborist determines that the removal of said Buffer Tree is warranted based upon: (1) the size and configuration of the property; (2) the physical condition of the Buffer Tree; (3) the Tree Canopy of common areas adjacent to the property; or (4) other factors creating undue hardship for the applicant including but not limited to: pedestrian or vehicle traffic on or adjacent to the property; the configuration of buildings, structures and utilities on or adjacent to the property; cost effectiveness of potential alternatives to tree removal; whether the tree contributes to meeting any of the requirements set forth in this article or other requirements set forth by the City; or generally recognized good forestry practices.

ii.

For removal or destruction of Buffer Trees approved pursuant to (d)(i) above, which removal or destruction, in conjunction with all tree removal being conducted, will not cause the Tree Canopy to fall below the Canopy Requirements, a Tree Removal Permit shall be issued.

iii.

For removal or destruction of Buffer Trees approved pursuant to (d)(i) above, on property not meeting the Canopy Requirements, or property on which the removal or destruction of the Buffer Tree, in conjunction with all tree removal being conducted, will cause the Tree Canopy to fall below the Canopy Requirements, the applicant shall, at its election, provide for mitigation of all lost Tree Canopy below the Canopy Requirements by: (A) replacing the lost Tree Canopy through planting tree(s) on the property of comparable species and canopy potential, or (B) payment into the Pine Lake Tree Bank for the lost Tree Canopy. The compensation for the lost Tree Canopy shall be calculated on a square foot lost/replaced basis as set forth on Exhibit "A," Table 2, Canopy and Cost Assignment.

e.

Payment/Assurances Required.

i.

A Tree Removal Permit shall not be issued hereunder until both: (1) payment of any required amounts have been received by the Pine Lake Tree Bank, and (2) the City has been provided adequate assurances of any required canopy replacement.

(Ord. No 09-07, § 5, 8-13-2007)

A Tree Removal Permit pursuant to this Section shall only be issued upon compliance with the following:

a.

Site/Tree Conservation Plan Required.

i.

In conjunction with an application pursuant to this section, the applicant shall submit a Site/Tree Conservation Plan (STCP) prepared by a Qualified Professional for review by the City of Pine Lake. The approval of the STCP by the City of Pine Lake shall be required prior to the issuance of a Tree Removal Permit pursuant to this section.

ii.

The STCP shall document: the species, (dbh), critical root zone and location of all existing Trees and Critical Root Zones on the property; the location, species, and caliper size of all proposed mitigation planting trees; and the location of all proposed building construction and land development activities, including grading, drainage, proposed utility locations and all proposed tree protection measures.

iii.

The STCP shall document all Trees proposed for removal.

iv.

The STCP shall document the calculation of the Tree Canopy on the property prior to and following the implementation of the tree removal/replacement activity as set forth in the STCP.

v.

The STCP shall document standard details for tree protection and tree planting in compliance with the Administrative Standards.

vi.

The STCP shall document compliance with the parking and landscape requirements in compliance with the Administrative Standards.

vii.

The STCP shall document all trees planted to bring the tree canopy to a minimum 30% canopy coverage threshold.

b.

Landmark Trees.

i.

The destruction or removal of Landmark Trees pursuant to this Section shall be permitted only if said Landmark Tree is: (1) located within the building footprint of the proposed construction as permitted by the City of Pine Lake, or (2) outside of the permitted building footprint, and the City of Pine Lake determines that the permitted land disturbance or construction activity will require the removal of said Landmark Tree based on Section 22-258 below.

ii.

All Landmark Trees removed pursuant to section (i) above shall be replaced by the planting of a new tree(s) on the property of a comparable species and with a canopy potential of 150% of the canopy of the Landmark Tree to foster the enhancement of the tree canopy. If, however, the City determines that replacement is not practical based upon: (1) the size and configuration of the property; (2) the Tree Canopy of common areas adjacent to the property; or (3) other factors creating undue hardship for the applicant including but not limited to: pedestrian or vehicle traffic on and adjacent to the property; the configuration of buildings, structures and utilities on or adjacent to the property; cost effectiveness of potential replacement; whether the tree contributes to meeting any of the requirements set forth in this article or other requirements set forth by the City; or generally recognized good forestry practices, payment may be made into the Pine Lake Tree Bank in lieu of replacement planting. The compensation for the lost Tree Canopy shall be calculated on a square foot lost/replaced basis as set forth on Exhibit "A," Table 2, Canopy and Cost Assignment.

c.

Boundary Trees.

i.

The STCP shall document the protection of Boundary Trees in accordance with Section 22-254(b) of this article.

d.

Protected Trees.

i.

The removal or destruction of Protected Trees, where said removal or destruction in conjunction with all proposed removal or destruction as set forth in the STCP will not cause the Tree Canopy to fall below the Canopy Requirements, shall be permitted.

ii.

The removal or destruction of Protected Trees on property not meeting the Canopy Requirements, or property on which all proposed removal or destruction of as set forth in the STCP will cause the Tree Canopy to fall below the Canopy Requirements, shall be permitted only if said Protected Tree is: (1) located within the building footprint of the proposed construction as permitted by the City of Pine Lake, or (2) outside of the permitted building footprint, and the City of Pine Lake determines that the permitted land disturbance or construction activity will require the removal of said Protected Tree based on Section 22-258 below.

iii.

All trees removed pursuant to section (ii) above shall be replaced by the planting of a new tree(s) on the property of a comparable species and canopy potential. If, however, the City Arborist determines that replacement is not practical based upon: (1) the size and configuration of the property; (2) the Tree Canopy of common areas adjacent to the property; or (3) other factors creating undue hardship for the applicant including but not limited to: pedestrian or vehicle traffic adjacent to the property; the configuration of buildings, structures and utilities on or adjacent to the property; cost effectiveness of potential replacement; whether the tree contributes to meeting any of the requirements set forth in this Ordinance or other requirements set forth by the City; or generally recognized good forestry practices, payment may be made into the Pine Lake Tree Bank in lieu of replacement planting. The compensation for the lost Tree Canopy below the Canopy Requirements shall be calculated on a square foot lost/replaced basis as set forth on Exhibit "A," Table 2, Canopy and Cost Assignment.

e.

Buffer Trees.

i.

The removal or destruction of Buffer Trees shall be permitted only if the City Arborist determines that the removal of said Buffer Tree is warranted based upon: (1) the size and configuration of the property; (2) the condition of the Buffer Tree; (3) the Tree Canopy of common areas adjacent to the property; or (4) other factors creating undue hardship for the applicant including but not limited to: pedestrian or vehicle traffic adjacent to the property; the configuration of buildings, structures and utilities on or adjacent to the property; cost effectiveness of potential alternatives to tree removal; whether the tree contributes to meeting any of the requirements set forth in this article or other requirements set forth by the City; or generally recognized good forestry practices.

ii.

For removal or destruction of Buffer Trees approved pursuant to (e)(i) above, which removal or destruction, in conjunction with all tree removal set forth in the STCP, will not cause the Tree Canopy to fall below the Canopy Requirements, a Tree Removal Permit shall be issued.

iii.

For removal or destruction of Buffer Trees approved pursuant to (e)(i) above, on property not meeting the Canopy Requirements, or property on which the removal or destruction of the Buffer Tree, in conjunction with all tree removal set forth in the STCP, will cause the Tree Canopy to fall below the Canopy Requirements, all Buffer Trees shall be replaced by the planting of a new tree(s) within the minimum required yards/setback of the property of a comparable species and canopy potential. If, however, the City of Pine Lake determines that replacement is not practical based upon the factors set forth in section (e)(i) above, payment may be made into the Pine Lake Tree Bank in lieu of replacement planting. The compensation for the lost Tree Canopy below the Canopy Requirements shall be calculated on a square foot lost/replaced basis as set forth on Exhibit "A," Table 2, Canopy and Cost Assignment.

f.

Payment/Assurances Required.

i.

A Tree Removal Permit/STCP Approval shall not be issued hereunder until both: (1) payment of any required amounts have been received by the Pine Lake Tree Bank, and (2) the City has been provided adequate assurances of any required canopy replacement.

g.

Permit Fee Incentive.

i.

Any applicant required to submit and receive an approved STCP pursuant to this Section 22-256, who shall present a plan which increases the existing Tree Canopy on the property, beyond the requirements by this Ordinance, may receive a credit against the Permit Fees required to be paid for the project defined in the STCP in an amount equal to ⅓ of the value of the increased Tree Canopy as calculated on a square foot lost/replaced basis as set forth on Exhibit "A," Table 2, Canopy and Cost Assignment. Such reduction of fees, however, shall not exceed 50% of the amount of the Permit Fees required for the project as defined in the STCP.

h.

Field Verification.

i.

The Qualified Professional submitting the STCP shall field verify the accuracy of the STCP prior to submittal.

ii.

A Qualified Professional shall certify successful compliance with the terms of the approved STCP to the City prior to issuance of a Certificate of Occupancy for the permitted property.

iii.

The Pine Lake Arborist shall validate submitted STCPs for field accuracy, and compliance as he or she deems appropriate.

iv.

In addition to all other provisions of this article, and where allowed by law, submission of an inaccurate STCP or inaccurate certification of compliance with a STCP shall cause the submitting Qualified Professional to be removed from the approved list maintained by the City Arborist for a period of not less than ninety (90) days.

(Ord. No. 09-07, § 6, 8-13-2007)

a.

Prior to the issuance of a Tree Removal Permit pursuant to this Section, funds shall be deposited into an account established by the City in an amount determined by the City Arborist to be sufficient to offset the removal and replacement costs of the Boundary Tree. Notice shall be provided to the property owner whose property contains the Boundary Tree which notice shall include notice of the deposited funds and a copy of the Boundary Tree provisions of this article.

b.

In establishing the escrow amount required pursuant to Section (a) above, the proposed replacement tree upon which payment shall be computed shall be a comparable species and size potential to the Boundary Tree, shall be ecologically compatible with the intended growing site, and at maturity shall fully mitigate the loss of the entire canopy area of the Boundary Tree.

c.

For the purposes of the Ordinance, credit will be granted to applicants for the entire Tree Canopy of a Boundary Tree protected hereunder.

d.

At any time prior to a determination authorizing the return of the escrow funds to the applicant pursuant to Section (e) below, if the property owner whose property contains the Boundary Tree ("Petitioner") contends that the permitted activity has caused the Boundary Tree to fail to survive or be in a state of irreversible decline, the Petitioner may petition the City Arborist for the payment of the escrow funds to be utilized for the removal and replacement of the Boundary Tree. Upon receipt of such petition, notice of the petition shall be provided to the applicant hereunder at the address provided at the time of the Tree Removal Permit application, or at any alternative address subsequently designated by the applicant to the City Arborist in writing, via first class and certified mail. Within thirty (30) days of mailing of the notice, the City Arborist shall make a determination as to whether the Boundary Tree has failed to survive or is in a state of irreversible decline due to the permitted activity. Notice of the decision shall be provided to the Petitioner and the applicant by certified and first class mail as set forth above. Either party may appeal the City Arborist's determination pursuant to Section 13 of this Ordinance. Should the City Arborist determine that the Boundary Tree failed to survive or is in a state of irreversible decline due to the permitted activity, and no appeal has been timely filed, or the applicant has fully exhausted his or her appellate rights, the escrow funds shall be paid to the Petitioner to offset any costs incurred in removal and replacement of the Boundary Tree. The Petitioner's rights pursuant to this section may not be exercised more than one (1) time in any eighteen (18) month period.

e.

After five (5) years from the date of the payment of the escrow funds, unless otherwise disbursed pursuant to section (d) above, the applicant shall have the right to petition the City Arborist for the return of all escrow funds held for the Boundary Tree. Notice of the applicant's petition shall be provided to the property owner whose property contains the Boundary Tree by first class and certified mail at the address of the property containing the Boundary Tree, and at the address set forth in the tax digest regarding the property. Within thirty (30) days of mailing of the notice, the City Arborist shall make a determination as to whether the Boundary Tree has failed to survive or is in a state of irreversible decline due to the permitted activity. Notice of the decision shall be provided to the applicant and the property owner by certified and first class mail as set forth above. Either party may appeal the City Arborist's determination pursuant to Section 22-263 of this article. Should the City Arborist determine that the Boundary Tree has not failed to survive or is not in a state of irreversible decline due to the permitted activity, and no appeal has been timely filed, or the property owner has fully exhausted his or her appellate rights, the escrow funds shall be paid to the applicant.

f.

Any funds not collected by either an affected property owner or the applicant within a period of five (5) years and six (6) months of the establishment of the escrow fund shall be deposited in the Pine Lake Tree Bank.

g.

No party shall be entitled to receive interest on any escrow funds required pursuant to this provision.

(Ord. No. 09-07, § 7, 8-13-2007)

a.

The removal or destruction of any tree where approval is required shall only be approved by the City of Pine Lake, if the following conditions are met:

i.

Unavoidable site modifications resulting from grading, utility work, and construction activities will result in destruction or irreparable damage to the tree; and

ii.

Site plan modifications to prevent destruction or irreparable damage to the tree are impossible or unduly burdensome on the applicant.

(Ord. No. 09-07, § 8, 8-13-2007)

a.

Where the City Arborist determines that due to approved construction or land disturbance activity an applicant may remove a Tree, and the applicant is required to pay for the lost Tree Canopy of the removed Tree, the applicant may at its election propose alternative construction methods to attempt to preserve the continued viability of the Tree. Should the City Arborist determine that the proposed alternative construction methods shall reasonably result in the survival of the Tree, that portion of the funds required to pay for the lost Tree Canopy shall be paid into an escrow fund maintained by the City.

b.

After five (5) years from the date of the payment of the escrow funds, the applicant shall have the right to petition the City Arborist for the return of all escrow funds held for the protection of the Tree. Within thirty (30) days of the petition, the City Arborist shall make a determination as to whether the Tree has failed to survive or is in a state of irreversible decline due to the permitted activity. Should the City Arborist determine that the Tree has not failed to survive or is not in a state of irreversible decline, the funds shall be paid to the applicant. Should the City Arborist determine that the Tree has failed to survive or is in a state of irreversible decline, the funds shall be paid into the Pine Lake Tree Bank.

c.

Any funds not collected within a period of five (5) years and six (6) months of the establishment of the escrow fund shall be deposited in the Pine Lake Tree Bank and be utilized for the purposes as authorized hereunder.

d.

No party shall be entitled to receive interest on any escrow funds required pursuant to this provision.

(Ord. No. 09-07, § 9, 8-13-2007)

a.

There is hereby established a Pine Lake Tree Bank for the maintenance and disbursement of funds required to be paid pursuant to the terms of this article.

b.

Where it is determined by the City of Pine Lake that payment into the Pine Lake Tree Bank shall be required, the required funds shall be paid to the Pine Lake Tree Bank prior to issuance of any related permit.

c.

Funds maintained in the Pine Lake Tree Bank shall be administered by the Director of Administration pursuant to the rules and regulations regarding said funds as established by the Mayor and Council for the purposes of community ecological education and increasing and maintaining tree canopy in public spaces in the City of Pine Lake.

(Ord. No. 09-07, § 10, 8-13-2007)

a.

The Director of Administration or his or her designated agents shall enforce of Community to the terms of this article.

b.

No Certificate of Occupancy shall be issued on any property without compliance with the terms of this article.

c.

Examples of violations shall include, but not be limited to:

i.

Land disturbance or building construction without a permit.

ii.

Improperly installed or maintained tree protection.

iii.

The removal of applicable trees prior to the issuance of a permit.

iv.

Non-approved encroachment of tree protection zones.

v.

Other violations of the terms, provisions and standard of this article established herein.

d.

Notices of violations, the issuance of stop work orders and citations shall be in accordance with the Code and Ordinances of Pine Lake, Georgia.

e.

Where it is deemed necessary, the Director of Administration shall require sureties to assure compliance to the terms, conditions and standards of this ordinance.

(Ord. No. 09-07, § 11, 8-13-2007)

a.

Any person, firm, corporations or other entity violating any of the provisions of this article shall be liable for a fine. Each calendar day a violation exists shall be considered a separate offense. There are no maximum limitations to the accrual of fines. Each offense shall further be subject to a maximum of six (6) months imprisonment.

b.

Each owner of any property wherein a violation exists shall be jointly and severally responsible for said violation.

c.

Removal of a Tree protected under the terms of this article without compliance with the terms hereof shall result in an assessment for the replacement of the lost canopy in the amount of three (3) times the value of the lost Tree Canopy calculated in accordance with Exhibit "A," Table 2, Canopy and Cost Assignment, being assessed against the person causing the removal of the tree.

d.

The jurisdiction for any violations hereunder shall be in the Municipal Court of Pine Lake, Georgia.

(Ord. No. 09-07, § 12, 8-13-2007)

a.

Any applicant under this article aggrieved by an action of the City Arborist, or any adjacent property owner directly impacted by a decision, may appeal and be heard by the Pine Lake Tree Authority Board in accordance with the rules and regulations as set forth by the Code of Pine Lake, and said Board.

b.

All appeals, pursuant to this section, must be filed in writing with the City of Pine Lake within thirty (30) days from the date of the decision or action from which the aggrieved party appeals. All appeals must be filed on forms, which can be obtained at the City of Pine Lake.

c.

Appeals shall only be granted for errors of interpretation, application, or where the unique natural features of the site are such that it is impractical or impossible to apply the terms, conditions or standards of these regulations resulting in an undue hardship to the property owner.

d.

Any person aggrieved by an action of the Pine Lake Tree Authority Board as it relates to this article may appeal within 30 days to the Superior Court of DeKalb County Georgia by writ of certiorari.

(Ord. No. 09-07, § 13, 8-13-2007)

This article shall become effective upon adoption by the Mayor and Council.

(Ord. No. 09-07, § 14, 8-13-2007)

Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water uses:

(A)

Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3;

(B)

Capture and reuse of cooling system condensate or storm water in compliance with applicable local ordinances and state guidelines;

(C)

Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations;

(D)

Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water;

(E)

Watering personal food gardens;

(F)

Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days immediately following the date of installation;

(G)

Drip irrigation or irrigation using soaker hoses;

(H)

Hand watering with a hose with automatic cutoff or handheld container;

(I)

Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property;

(J)

Watering horticultural crops held for sale, resale, or installation;

(K)

Watering athletic fields, golf courses, or public turf grass recreational areas;

(L)

Installation, maintenance, or calibration of irrigation systems; or

(M)

Hydroseeding.

(Ord. No. 2010-13, § 1, 12-13-2010)

(a)

No person shall use or allow the use of water in violation of the restrictions on outdoor water use contained in ordinance.

(b)

The director of chief of police shall be the enforcement authority for this article.

(c)

Criminal and alternative penalties. Any violation of this section may also be enforced by a citation or accusation returnable to the municipal court or by any other legal means as set forth in this Code.

(Ord. No. 2010-13, § 2, 12-13-2010)

All ordinances or parts of ordinances in conflict with this article are repealed.

(Ord. No. 2010-13, § 3, 12-13-2010)

This article shall go into effect January 1, 2011.

(Ord. No. 2010-13, § 4, 12-13-2010)

The purpose of this article is to reduce water consumption from commercial car wash facilities by requiring all new conveyor car washes to install operational recycled water systems.

(Ord. No. 2017-05, § 1, 2-13-2017)

This article shall apply to all new conveyor car washes permitted and constructed after January 1, 2017, regardless of water source. The provisions of this article do not apply to any car washes that were constructed prior to the effective date of this article, now do they apply to self-service car washes or in-bay car washes. Should an existing car wash remodel its facilities, it shall be subject to the provisions of this article if it utilizes conveyor technology.

(Ord. No. 2017-05, § 1, 2-13-2017)

The following words and phrases, whenever used in this article, shall have the meanings as provided by this section:

In-bay automatic car wash means a commercial car wash where the driver pulls into the bay and parks the car. The vehicle remains stationary while a machine moves back and forth over the vehicle to clean it, instead of the vehicle moving through a tunnel.

Conveyor car wash means a commercial car wash where the car moves on a conveyor belt during the wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle.

Recycled water system means a water system that captures and reuses water previously used in wash or rinse cycles.

Self-service car wash means a commercial car wash where the customers wash their cars themselves with spray wands and brushes.

(Ord. No. 2017-05, § 1, 2-13-2017)

(a)

All new commercial conveyor car washes, permitted and constructed after January 1, 2017 and any car wash remodeled after that date utilizing conveyor car wash technology, shall install operational recycled water systems. A minimum of 50% of water utilized by such facilities shall be captured and recycled within the facility.

(b)

Once installed, all operational recycled water systems shall be maintained in proper working order in accordance with manufacturer's specifications. Semi-annual or more frequent inspections of the system shall be performed by the owner, and records of all inspections shall be maintained at the place of business where they shall be available for inspection by city police officers during normal business hours.

(Ord. No. 2017-05, § 1, 2-13-2017)

Failure of a conveyor car wash to capture and recycle its wastewater or to improperly maintain such facilities after installation, as required by this article, shall subject the owner and manager of the conveyor car wash, upon conviction, to the penalties prescribed by Section 1-9 of the Code of Ordinances. In addition, the city may institute action in Superior Court of DeKalb County for injunctive relief.

(Ord. No. 2017-05, § 1, 2-13-2017)