7.1.1. Wetland regulations.

A.

National Wetland Inventory Maps. The National Wetland Inventory Maps, prepared by the United States Fish and Wildlife Service, show the general locations of wetlands and should be consulted by persons contemplating activities in or near wetland areas. These maps should be used as a guide only. Field verification is required to determine the existence or absence of any jurisdictional waters.

B.

Plans. Design professionals, after consulting the National Wetland Inventory maps and conducting appropriate field studies, shall indicate wetlands or jurisdictional waters on plans required for land disturbance permit applications.

C.

Design professional statement. Prior to the issuance of a land disturbance permit, the design professional who prepared the required plans accompanying the permit application, shall add a statement to the plan sheet indicating land disturbance and the statement must read as follows:

Wetland certification:

The design professional, whose seal appears hereon, certifies the following: (1) the National Wetland Inventory maps have been consulted and appropriate field studies have been conducted; and, (2) the appropriate plan sheet [ ] DOES/[ ] DOES NOT (mark appropriate box) indicate wetlands as shown on the maps; and, (3) if wetlands are indicated, the land owner or developer has been advised that land disturbance of protected wetlands or jurisdictional waters must not occur unless the appropriate federal wetlands alteration ("Section 404") permit has been obtained.

D.

ACOE coordination. The issuance of land disturbance permits by the city may be coordinated with the U.S. Army Corps of Engineers Section 404 permitting process. If the "wetland" certification" above indicates the presence of wetlands or jurisdictional water as shown on the NWI generalized wetlands maps or by field study, a land disturbance permit that identifies alterations of designated wetlands or jurisdictional waters shall not be issued by the city until a Section 404 permit or letter of permission is obtained from the U.S. Army Corps of Engineers.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.2.1. Findings and purposes.

A.

Findings. The city finds that buffers adjacent to state waters provide numerous benefits, including:

1.

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

2.

Removing pollutants delivered by urban stormwater runoff;

3.

Reducing erosion and controlling sedimentation;

4.

Protecting and stabilizing stream banks;

5.

Providing for infiltration of stormwater runoff;

6.

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

7.

Providing riparian wildlife habitat;

8.

Furnishing scenic value and recreational opportunity;

9.

Providing riparian wildlife habitat;

10.

Furnishing scenic value and recreational opportunity; and

11.

Providing opportunities for the protection and restoration of green space.

B.

Purposes. The purpose of this division is 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 and setback zones along state waters within the City for the protection of water resources; and

2.

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

7.2.2. Applicability. This ordinance shall apply to all land development activity on property containing a stream buffer protection area. 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.

7.2.3. Nonconforming provisions. This ordinance 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 this ordinance.

B.

Existing development and on-going land disturbing activity including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbing activity not otherwise approved by the city 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 this chapter.

7.2.4. Exemptions. The following specific activities are exempt from the provisions of this ordinance. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

A.

Activities for the purpose 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 stabilization, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

B.

Public sewer line easements paralleling a creek, except that all easements (permanent and construction) and land disturbance shall be at least 25 feet from the edge of wrested vegetation. This includes such impervious cover as is necessary for the operation and maintenance of utilities, 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 (1) above.

C.

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

D.

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 community development director 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 community development director 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 stream buffer protection area.

E.

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 stream 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 stream buffer.

7.2.5. Stream buffer and setback requirements. All land development activity subject to this ordinance shall meet the following requirements:

A.

An undisturbed natural vegetative stream buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of a stream as measured from the edge of wrested vegetation.

B.

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

C.

Any land development activity within a stream buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to this UDC.

D.

No septic tanks, septic tank drain fields, or stormwater structures shall be permitted within the stream buffer or stream setback.

Image 7.2.5. Stream Buffer Exhibit

7.2.6. Inspections.

A.

The city may cause inspections of the work in the stream buffer or stream 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 community development director 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 ordinance, 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 activity within the stream buffer protection area.

B.

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

7.2.7. Minor land disturbing activities. The following land disturbing activities are examples of projects not specifically listed in O.C.G.A. § 12-7-17(3) that would be considered minor land disturbing activities and are, therefore, exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters:

A.

Elevated structures such as decks, gazebos, patios, walkways, viewing platforms or open picnic shelters, provided that:

1.

The floor or decking is built in a pervious manner to allow for the infiltration of stormwater;

2.

No more than 100 square feet of footprint of the elevated structure extends into or over the buffer, with an exception for structures built for compliance with the Americans with Disabilities Act (ADA);

3.

No grading, cutting, filling or similar land disturbing activities occurring as a part of the site preparation, construction or subsequent development;

4.

The structure is built on posts, concrete blocks or similar supports;

5.

Permanent protective vegetative cover remains, or protective measures (for example, mulch or gravel) are installed within the footprint of the elevated structure to prevent post-construction soil erosion;

6.

A natural canopy is left in sufficient quantity to keep shade on the streambed; and

7.

No concrete or asphalt slabs, pads or foundations are constructed or placed as a part of the site preparation, construction or subsequent development.

B.

A pervious ground-level walkway approach to a dock or similar structure, provided that:

1.

No more than 100 square feet of the constructed walkway extends into the buffer, with an exception for structures built for compliance with the Americans with Disabilities Act (ADA);

2.

No grading, cutting, filling or similar land-disturbing activities occur as a part of the site preparation, construction or subsequent development;

3.

No concrete or asphalt slabs, pads, supports or foundations are constructed or placed as a part of the site preparation, construction or subsequent development; and

4.

All ground preparation and walkway material placement is completed with the use of hand-held equipment.

C.

Restoration of buffer area after the removal of an existing structure, provided that the buffer area must be replanted with native vegetation.

D.

Maintenance or repair of existing structures, the failure of which would result in a threat to human health or state waters, such as sewer lines, water lines, dams or gas lines. Total disturbance must be less than 100 square feet.

E.

Placement of rock riprap within the buffer not to exceed 100 square feet on any one property, provided that:

1.

The placement of the riprap does not result in soil disturbance outside the placement area; and

2.

No grading, cutting, filling or similar land-disturbing activities occur as part of the site preparation, construction or subsequent development.

7.2.8. Land disturbing activities not considered minor. The following land disturbing activities are examples of projects that are not considered minor land disturbing activities and are, therefore, not exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters:

A.

Any land disturbing activity utilizing wheeled or tracked machinery and equipment resulting in soil erosion within the buffer;

1.

Paving with poured or prefab concrete or asphalt;

2.

Any project or combination of projects occurring within the same calendar year on the same property resulting in more than 100 square feet of any elevated structures or pervious ground level walkways within or extending into the buffer;

3.

Construction of a barbeque pit on a concrete or asphalt slab or pad within the buffer;

4.

Construction of a ground-level patio within the buffer;

5.

Construction of a swimming pool within the buffer;

6.

Construction of a decorative or structural retaining wall within the buffer;

7.

Construction of a new seawall with land-disturbing activities occurring within the buffer; and

8.

Backfilling any new seawall construction within the buffer.

B.

Prohibited activity. Any land development activity within a buffer established under this article or any impervious cover within a setback established under this article is prohibited unless a variance is granted.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.3.1. Applicability.

A.

The provisions of this section shall apply to any activity that requires the issuance of a land development or building permit.

B.

For new development projects that contain more than one building site or lot, such as a subdivision, tree ordinance requirements apply to the entire site and to each individual lot.

C.

Exemptions. The following activities are exempt from permitting:

1.

Activities on existing single-family and duplex residential properties when there is an existing structure on the property, unless the activity expands the footprint of the structure. If the property is vacant, this exclusion shall not apply.

2.

Construction or maintenance of public utilities within utility easements.

3.

Detention ponds and drainage easements.

4.

Agricultural operations, including land clearing for legitimate agricultural purposes.

5.

Tree nursery and horticultural operations.

6.

Forestry operations, including land clearing for legitimate timber harvesting purposes.

7.

Removal, as recommended by a certified arborist or registered forester, of any tree that has become a public nuisance or danger to human life or property or any tree found to be diseased, hazardous, dying, dead, or infested with insects.

8.

Activities subject to a building permit where the footprint of the existing building is not being expanded and no land disturbance is being performed.

7.3.2. Tree density requirements.

A.

The applicant shall provide a development plan demonstrating both responsible canopy preservation and tree replacement inches on sites submitted for development in accordance with this section.

B.

Any non-single-family residential developments shall provide a minimum of 100 inches per acre. Any single-family residential developments shall provide a minimum of 50 inches per acre. Each of these holds as a requirement whether or not a site had trees prior to development.

C.

All trees designated for replacement shall be on an inch-for-inch basis. The density may be achieved as follows:

1.

Counting existing trees (inches measured at DBH) to be preserved with no impact to CRZ.

2.

Planting new trees (minimum two-inch caliper) for lots that do not meet the required densities as designated herein.

Formula example for a non-single-family residential development: Acreage x 100 inches = required inches per acre

Example: 3.2 acres x 100 inches = 320 inches required

The minimum required inches per acre shall be calculated and established pursuant to the formula as shown above and calculations shall be in a prominent location on the tree preservation and replacement plan. Parking lot trees planted after the minimum required inches per acre for the site has been satisfied can be counted toward specimen tree recompense.

3.

Shrubs shall not be given credit.

7.3.3. Preservation of existing trees. An emphasis of this ordinance is the preservation of as many existing trees as possible. Thus, inch-for-inch credit will be given for preserving existing trees.

A.

All trees to be counted toward meeting the required tree density requirements shall be inventoried. Existing tree inventory information (caliper at DBH and genus) shall be shown on the tree protection plan and must be provided by an ISA certified arborist, forester, surveyor, or landscape architect along with a statement that the provider conducted the inventory in the field. If the plan is unclear, a tree survey shall be required, to be prepared by an ISA certified arborist, forester, surveyor, or landscape architect.

B.

Tree protection areas for subdivisions shall be located in common areas, or in buffers required to be undisturbed by zoning or other regulations, or within building setbacks. If tree protection areas must be located on individual lots, the lots shall be of sufficient size to reasonably expect the trees to be preserved at the completion of the building process.

C.

All planted trees shall be a minimum of two caliper inches and shall be shown on the required House Location Plan (HLP). This requirement shall apply to the developer or homebuilder, whoever is the responsible party at the issuance of the certificate of occupancy for the individual lot.

D.

Every lot in a subdivision shall have trees, either preserved or planted for which an LDP is obtained after the adoption of this ordinance. These trees may be counted as part of the required 100 inches per acre for any non-single-family residential developments or 50 inches per acre for any single-family residential developments. Each of these holds as a requirement whether or not a site had trees prior to development.

7.3.4. Specimen tree removal and preservation.

A.

A specimen tree is any tree which qualifies for special consideration for preservation due to its size, type, and condition. The following criteria are used by the city to identify specimen trees. Both the size and condition criteria must be met for a tree to qualify.

1.

Minimum size criteria.

a.

Twenty-four-inch (24-inch) caliper at DBH—Oak, Beech, Ash, Black gum, Sycamore, Hickory, Maple (does not include Silver Maple), Pecan, Walnut, Magnolia (does not include Bigleaf Magnolia), Persimmon, Sourwood, Cedar, Cypress or Redwood.

b.

Thirty-inch (30-inch) caliper at DBH—Tulip Poplar, Sweet Gum, River Birch, or Silver Maple.

c.

Ten-inch (10-inch) caliper at DBH—American Holly, Dogwood, Redbud or another genus as determined by the city arborist such as Bigleaf Magnolia.

2.

Condition criteria.

a.

Life expectancy greater than 15 years.

b.

Relatively sound and solid trunk with no extensive decay or significant structural deficiencies.

c.

No more than two major and/or several minor dead limbs (excluding pine for minor limbs).

d.

A radial trunk dieback of no more than 20 percent or a canopy dieback of no more than 30 percent.

3.

Small trees can be classified as specimen if of a rare or unusual species, of exceptional quality, or socio-historical significance. Small trees may also qualify as specimen if used in a landscape as a focal point of the design. In order to claim this credit, the applicant shall submit a letter from a certified arborist stating that the tree(s) meet these qualifications.

4.

An arborist report for each specimen tree impacted by a proposed development requiring an LDP shall be submitted to the city to determine whether that tree meets the condition criteria for specimen status. The report must be prepared and signed by a certified arborist or a registered forester. The report shall contain the following information:

a.

Site plan showing an accurate surveyed location of the tree;

b.

Identification/verification of the tree's size, genus and species;

c.

Description of the surrounding site conditions;

d.

Detailed description of the tree's condition; and

e.

Digital photographs to illustrate any defects which would disqualify the tree from specimen status.

5.

The final determination of specimen tree status will be made by city staff after reviewing the report.

a.

If a specimen tree is to be removed, a plan or written documentation indicating the reason for removal must be submitted to the city.

b.

The removal of any specimen tree impacted by a proposed development shall be mitigated by replacing the removed specimen tree with minimum four caliper inch trees of comparable species on an inch-for-two-inch replacement basis.

Example: Twenty-four-inch Oak would require replanting twelve (12) four (4) caliper inch trees [24*2=48 replacement inches required; 48 / 4 = 12 trees]. These recompense trees are in addition to the minimum density per acre for a particular site.

c.

Any person who removes a specimen tree in violation of this ordinance shall be assessed a fine. In regard to specimen trees removed after being designated for preservation on an approved plan, the removed tree shall also be replaced on an inch-for-two-inch replacement basis with tree species with potential for comparable size and quality, above and beyond the 100 or 50 inches per acre requirement. If a tree is removed without approval and there is no evidence of its condition, size alone shall be the determining factor for replacement. In regard to specimen trees removed on a residential lot that is not currently being developed, the fine shall be paid as referenced; however, there shall be no requirement for replacement of the specimen tree.

6.

In order to encourage the preservation of specimen trees and the incorporation of these trees into the design of new development projects, the following incentive is offered: Preserved specimen trees shall receive one and one-half (1.5) x inches DBH.

7.3.5. Tree protection standards. Allowing enough space for a tree's root system is a critical factor in tree protection throughout the development process. Disturbance within this critical root zone (CRZ) can directly affect a tree's chances for survival. In order to protect trees, the following standards shall apply:

A.

Site layout should be designed to accommodate tree protection areas.

B.

Construction activities shall be arranged to prevent encroachment into tree protection areas. Encroachment of up to 20 percent into the CRZ area of individual preserved trees shall be allowed. Encroachment beyond 20 percent into the CRZ area of individual preserved trees shall be prohibited.

C.

No disturbance whatsoever shall occur within tree protection areas without prior written approval by the city arborist. Disturbance permitted with approval from the city shall be limited to general maintenance (i.e., removal of dead trees and/or cleaning of underbrush by hand). Use of machinery shall not be allowed within the tree protection area.

D.

Active protective tree fencing shall be installed along the outer edge of and completely surrounding the CRZs of all specimen trees or stands of trees designated for preservation prior to land disturbance.

E.

Tree protection fencing shall be minimum four feet high and made of orange laminated plastic netting with wooden posts and rail fencing or other equivalent material as approved by the city.

F.

All protection zones shall include signage in English and Spanish that identifies the areas as tree protection and preservation zones and include the name and phone number of the developer or designated agent.

G.

All tree protection fencing shall be installed prior to any clearing, grubbing, or grading and shall be maintained in functioning condition throughout all phases of development and construction.

H.

Once tree protection areas are established and approved, any changes are subject to review and approval by the city arborist.

I.

Applicants shall notify any adjacent property owner a minimum of 14 days prior to construction dates (copy of notification to be provided to city for permit file) if visual assessment identifies boundary tree root plates are potentially within the proposed limits of disturbance. Any and all subsequent tree matters shall be a civil matter between the property owner and the applicant.

7.3.6. Tree replacement standards.

A.

The replacement of trees shall occur within the required yards, buffers, open space, parking lots, and landscape areas, as specified in this UDC. The following standards for replacement will be used to evaluate proposed tree planting plans:

1.

Existing tree coverage, size, and type;

2.

Number of trees to be removed from the lot or parcel;

3.

Area to be covered with structures, parking, and driveways;

4.

Grading plan and drainage requirements; and,

5.

Character of the site and its environs.

B.

Replacement trees shall be ecologically compatible with the intended growing site, contribute to the diversity of the urban forest, and add to the aesthetic quality of the city.

1.

The spacing of replacement trees shall be compatible with spatial site limitations with responsible consideration towards species sizes when mature. Typical spacing for overstory/street trees is 40 feet on center, with no overstory tree being planted less than 25 feet on center from any other tree. Spacing of understory trees and/or trees in parking lots shall be subject to approval of the city and within accepted horticultural standards.

2.

In the event that existing overhead power lines prohibit the planting of required overstory trees, an appropriate understory tree species may be selected and approved for required inches according to accepted horticultural standards and as approved by the impacted utility.

C.

Trees selected for planting may be a species from the recommended tree species list. Use of a species not shown on these lists is subject to approval of the city arborist, according to accepted horticultural standards.

D.

Planting of replacement trees within utility, storm drainage, or sanitary sewer easements is not acceptable, and no credit will be allowed toward the required inches per acre. City staff shall determine whether or not the applicant will be required to install root barriers to prevent future conflicts for trees planted directly adjacent to proposed easements or utility locations.

E.

Trees and plants selected for planting must meet the minimum requirements as provided in the "American Standard for Nursery Stock" (ANSI Standards latest edition).

F.

Each development site (parcel) shall contain trees of sufficient number, size, and type to achieve the minimum required tree density, which is determined according to the size of the parcel and is intended to be consistent across uses and underlying zoning categories. Total replacement units shall be gathered by using as diverse a palette of species of trees as possible. However, a minimum of 60 percent of the total replacement units required for any parcel shall be achieved in the form of overstory trees. When fewer than ten trees are shown to be planted on a project, one genus may be specified. When ten to 50 trees are shown, a minimum of three genus of trees are required. When more than 50 trees are shown, a minimum of five genus of trees are required.

G.

When ten or more trees are to be planted:

1.

No single genus shall represent more than 30 percent of the required inches per acre.

2.

Native vegetation shall be used to satisfy the replacement requirements of this chapter to the greatest practical extent.

H.

Transitional buffer planting standards are as follows:

1.

An opaque buffer is a designated area along a property line that is required to be planted for the purpose of screening. Buffers may be required as a condition of zoning or in areas where incompatible land uses exist (i.e., commercial adjacent to residential).

2.

The opaque buffer shall consist of evergreen plant materials that must form a 70 percent visual barrier within three years and a 100 percent visual barrier within five years. Trees must be minimum five feet height at installation, and shrubs must be minimum 30-inch height at installation.

a.

Existing buffer to remain undisturbed. Sparsely vegetated or previously disturbed portions of this undisturbed, existing buffer must be replanted to comply with the definition above.

b.

Buffer width 20 feet or less. This buffer shall consist of a minimum of one row of evergreen trees and one row of evergreen shrubs.

c.

Buffer width 21 to 35 feet. This buffer shall consist of a minimum of two rows of evergreen trees and one row of evergreen shrubs.

d.

Buffer width greater than 35 feet. This buffer design shall be subject to approval by the community development director.

3.

Evergreen trees planted within buffer areas may be counted for inch credit toward the minimum tree replacement requirements. For planted evergreen trees, the following conversions shall apply:

Table 7.3.6.H.3. Planted Evergreen Conversion

7.3.7. Alternative compliance. If the city arborist agrees that trees to replace removed trees will not fit on the site based on industry accepted spacing requirements, alternative compliance is available by recompense to the city tree bank fund or planting the remainder of trees at a location remote from the project site.

A.

A maximum of 40 percent of the required tree replacement density required by this section may be satisfied through these alternative compliance provisions.

B.

The amount of the recompense shall be based upon the size of DBH that cannot be planted at the site. Each DBH density unit that cannot be placed on-site shall be replaced or paid in recompense one-for-one in accordance with this section.

C.

Alternate site.

1.

Trees to be planted at another location will be planted at sites designated by the city arborist.

2.

Each DBH density unit that cannot be placed on-site shall be replaced one-for-one off-site in accordance with the same provisions for tree replacement on-site.

3.

A tree replacement plan, meeting all applicable standards, shall be reviewed and approved for the alternate planting location.

D.

Recompense.

1.

The city tree bank fund shall be established for the purpose of accepting and tracking funds collected as authorized pursuant to this section. Such funds shall be used for tree plantings in public spaces, to purchase land where either specimen trees are located or where a suitable site exists for parkland, designated wildlife habitats, or for park-related landscaping and maintenance projects, as approved in the annual budgeting process or as directed by city council.

2.

If full or partial monetary recompense is to be paid to the city tree bank fund, the applicant shall pay $200.00 per DBH inch to be replaced for non-specimen trees and $400.00 per DBH inch to be replaced for specimen trees.

7.3.8. Permitting requirements.

A.

Application requirements. Except for exemptions in subsection 7.3.1, applicability, when a person applies for any type of permit that requires removal of existing trees, they shall file an application for a tree removal permit providing the following:

1.

Type 1—Minor development.

a.

Minor development projects or tree removals not exempted by subsection 7.3.1, applicability and not covered by a Type 2 removal require a detailed sketch showing proposed changes to the city arborist for review and approval. In the event that any tree two inches DBH or greater will be impacted or removed during development, the sketch shall contain the required elements of the tree survey plan and inventory as required in subsection 7.3.9 and the tree replacement plan, as described in subsection 7.3.10. In the event that the site cannot bear replanting of the required density of trees, then the applicant shall comply with the alternate guidelines under in subsection 7.3.7, alternative compliance.

b.

An application fee.

2.

Type 2—Major development.

a.

A complete tree survey and inventory plan, as described in subsection 7.3.9, tree survey and inventory.

b.

A complete tree protection plan as described in subsection 7.3.10, tree protection and replacement plans.

c.

An application fee.

B.

No person, firm, organization, public agency, or society shall directly or indirectly destroy or remove any trees situated on property applicable in this section without obtaining a permit as provided herein.

C.

All tree removal permit activity shall be conducted by a company properly licensed to do business in the State of Georgia carrying a minimum insurance coverage of up to $500,000.00 per incident and general liability that covers the property for up to $2,000,000.00 per incident.

D.

Permits shall be obtained by making application to the community department, and the application shall thereafter be referred to the city arborist. The permit fee shall be as fixed from time to time by the mayor and city council.

7.3.9. Tree survey plan and inventory.

A.

The tree survey plan shall be in the form of a to-scale map or a site plan prepared and sealed by a registered surveyor, certified engineer, or landscape architect noting the location of all specimen trees or stands of trees plus all other trees which will be preserved and counted toward meeting site density requirements. It should also include the following information:

1.

All specimen trees and their critical root zones shall be labeled and must be shown on the survey and inventoried by size and species. This includes those specimen trees that are to be preserved as well as those proposed for removal.

2.

The critical root zone of boundary trees that are located on neighboring properties whose critical route zone extends on to applicant's property shall be shown.

3.

All other trees that are to be counted toward meeting density requirements shall be shown on the survey and inventoried by size and species. Only trees with a DBH measurement of four inches or greater are to be identified as eligible for density compliance. Existing trees less than four inches DBH will not be counted toward the required density.

4.

Trees that measure less than four inches DBH, and thus can't be counted toward the density requirements, do not have to be counted and shown individually on the plan.

5.

Sampling methods may be used to determine tree densities for forested areas over five acres. For the purpose of this UDC, a plot sample is defined as an area measuring 50 feet by 50 feet, for a minimum size of 2,500 square feet. Sampling areas shall be located within the limits of a tree protection area. The sample must be taken in a portion of the site that is representative of its cover-type. The tree protection plan must delineate all ground cover-types and provide a general description of the types of trees present within the tree protection area (i.e., hardwoods, pine/hardwood mix, etc.). Other sampling and/or inventory methods shall be approved by the city arborist.

6.

Show all areas of proposed land disturbance along with tree protection zones, tree save areas, and buffers with existing trees on the survey.

7.3.10. Tree protection and replacement plans.

A.

Tree protection plan—Required documents. A tree protection plan is a detailed plan designed to protect and preserve trees before, during and for a period of two years after construction. This protection plan is a separate drawing that must be submitted at the same time as the tree survey plan in order to qualify for a tree removal permit. The plan shall list the following specifications:

1.

The identity of the tract of land upon which tree(s) sought to be removed are located.

2.

The name, address and phone number of the owner of the land and the name, address and phone number of any tenant of the property.

3.

The type, location and size as measured at the diameter breast height of the tree(s) constituting those to be protected. Only trees designated on the tree protection plan will be counted toward density requirements.

4.

Locations of all specimen trees and their critical root zones (CRZs). Indicate those specimen trees proposed for removal or for preservation. Removal of specimen trees is subject to approval by the city arborist. Any specimen tree proposed for removal is to be identified in terms of exact location, size, and species.

5.

All tree protection zones, natural areas, landscaped areas, buffers, and areas of re-vegetation. Include detailed locations and specifications for active and/or passive tree protection measures. Methods of tree protection should be indicated for all tree protection zones, including tree fencing, erosion control, retaining walls, tunneling for utilities, aeration systems, transplanting, staking, signage, etc.

6.

Limits of clearing and land disturbance such as grading, trenching, etc., where these disturbances may affect tree protection zones.

7.

The locations of all existing and proposed utility lines or easements. Include the location for any boring sites for underground utilities.

8.

Indication of staging areas for parking, material storage, concrete washout, and other areas where tree protection may be affected.

9.

A delineation of tree save areas in which trees have been inventoried for minimum site DBH calculation.

10.

Calculations showing compliance with the required minimum site DBH density using existing trees, replacement/recompense trees, and/or alternative compliance methods. Site density compliance shall be demonstrated on both the tree protection and the tree replacement plans. Existing trees or stands of trees used in determining the minimum site DBH density requirement shall be indicated on the drawings.

11.

Site area (roads, utility lines, detention ponds, etc.).

12.

The locations of existing and proposed structures, paving, driveways, land disturbance, cut and fill areas, detention areas, etc.

13.

Phase lines and/or limits of construction.

14.

Location and details for all permanent tree protection measures (tree wells, aeration systems, permeable paving, retaining walls, bollards, etc.).

15.

Additional information as required on a case-by-case basis or as requested by the city arborist.

B.

Tree replacement plan—Standards and vegetation.

1.

The last part of the tree removal permit is the tree replacement plan. This plan may be included as a part of the tree protection plan or may be submitted as a separate drawing. The tree replacement plan includes the planting schedules along with proposed tree names (botanical and common), quantity, size, spacing and any special planting notes. Unless otherwise approved by the city arborist, all trees selected for replanting must be in accordance with subsection 7.3.14, tree species list.

2.

Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Planting Manual or similar publication. Reference the American Association of Nurserymen publication American Standard for Nursery Stock (ANSI Z60, 1973) for plant material quality specifications. Reference the Manual of Woody Landscape Plants (Michael Dirr, 1983, Castle Books) or similar publication for information on tree species site requirements.

3.

The tree replacement plan shall also reflect the following requirements:

a.

Replanted trees shall be of the same or similar species as those removed when practical unless a change in species is appropriate to achieve the requirements of this section.

b.

The use of flowering ornamental trees or plants classified as large shrubs may be included in the tree replacement plan but shall not be used for the purpose of meeting the density calculations for the site unless approved by the city arborist.

c.

All overstory trees shall be a minimum of eight feet tall and have a trunk of not less than two caliper inches. All understory trees shall be a minimum of six feet tall and have a trunk of not less than two caliper inches. In order to provide sufficient growing area for planted trees, the following minimum criteria shall be observed unless otherwise approved by the city arborist:

i.

Overstory trees—200 square feet of pervious root zone.

ii.

Understory trees—75 square feet of pervious root zone.

iii.

Up to 30 percent of root zone may be impervious area except for parking lot islands).

d.

All planting and staking details shall be provided on the plan.

e.

All debris from trees cut or substantially damaged should be removed from the site in a timely fashion including the removal of any portion of the tree stump above the original natural grade or elevation of land unless accepted by the city arborist for a specific reason such as, but not limited to, unusually large size or age.

7.3.11. Continuing maintenance.

A.

Installation. All landscaping shall be installed in a sound workmanlike manner. Plant materials, installation and maintenance shall meet the standards incorporated in ANSI Z60.1, American Standard for Nursery Stock, most current edition, ANSI A 300, Standard Practices for Tree, Shrub and other Woody Plant Maintenance, most current edition, and as indicated in the project design professional's drawings and specifications. The city arborist shall inspect all landscaping, and no certificate of completion or certificate of occupancy shall be issued unless the landscaping meets the requirements provided in this UDC or performance surety requirements of article 14, guarantees and sureties.

B.

Maintenance. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the maintenance and protection of all required landscaping in perpetuity, in accordance with the following standards:

1.

Keep landscaping reasonably free of visible signs of insects and disease and appropriately irrigated to enable landscaping to exist in a healthy growing condition;

2.

Mow or trim landscaping in a manner and at a frequency appropriate to the use made of the material and species on the site so as not to detract from the appearance of the general area. Growth of plant material at maturity shall be considered where future conflicts such as view, signage, street lighting, utilities and circulation might arise;

3.

Maintain all landscaping to minimize property damage and public safety hazards, including removal of dead or decaying plant material, and removal of low hanging branches next to sidewalks and walkways obstructing street lighting; and

4.

Pruning is to be performed to maintaining healthy plant matter in accordance with the specifications set forth by the American Forestry Association, the National Arborist Association, or other professional arboricultural organizations.

7.3.12. Appeals. In the event an applicant disputes the decision of the city regarding tree removal and/or replanting, the applicant may file a written appeal with the tree board in accordance with section 12.5, tree board. The written appeal shall detail the reasons why the decision of the city staff should be vacated. Upon receiving the written appeal, the tree board shall hear arguments and decide whether to uphold the administrative decision, modify the administrative decision, or negate the administrative decision. The decision of the tree board shall be final.

7.3.13. Other landscaping standards. See section 7.4, landscaping and open space for other site landscaping standards.

7.3.14. Tree species list. A tree species list shall be maintained and updated from time to time by the community development department. The list shall be made available to the public for reference and inspection. The tree species list is intended to support site planning and design for tree preservation and replacement and decision-making in general. Requests for exceptions to this list may be considered by the city arborist. Selection and placement of particular tree species shall be approved by the city arborist based on specific site requirements related to the area to be planted, spacing, species selection, and the purpose of planting.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.4.1. Purpose and requirements.

A.

Purpose. The landscaping and screening regulations of this section are intended to advance the general purposes of this UDC and to help:

1.

Maintain and enhance the city's appearance;

2.

Maintain and improve air quality;

3.

Protect surface water quality and reduce the negative impacts of stormwater run-off by reducing impervious surface area and providing vegetated areas that filter and retain greater amounts of stormwater on site;

4.

Moderate heat by providing shade;

5.

Encourage preservation and replacement of existing trees and landscaping; and

6.

Augment the tree protection and preservation requirements of section 7.3, tree ordinance.

B.

Landscape plan requirements. The location and description of landscape materials, treatments, decorative paving, amenities, sidewalk furniture or other decorative elements, if any, shall be indicated on a landscape plan to demonstrate compliance with all required provisions.

7.4.2. Parking lot perimeter landscape.

A.

The parking lot perimeter landscape regulations of this section are intended to help mitigate the visual and operational impacts of surface parking lots when such areas are adjacent to public streets or Residentially-zoned districts. Unless otherwise expressly stated, the parking lot perimeter landscape regulations of this section apply to the construction or expansion of any surface parking area except those on lots occupied by residential buildings containing fewer than four dwelling units.

B.

Parking lots subject to these regulations shall be screened from view of public streets using buildings, landscaping, or a combination of buildings and landscaping. Landscaping provided to meet this requirement shall include comply with one of the following options:

1.

A landscape strip at least five feet wide containing shrubs planted to provide a solid visual screen at least three feet in height at the end of the first growing season, with the remainder of the landscape strip covered with groundcover plants or annual or perennial vegetation; or

2.

A landscape strip at least three feet in width containing a solid masonry or stone wall at least two feet in height, with the remainder of the landscape strip covered with groundcover plants, sod, or annual or perennial vegetation; or

3.

A strip at least three feet wide containing paving for an expanded sidewalk zone with tree wells bounded by seat walls at least two feet in height. Tree wells shall have a minimum area of 25 square feet.

C.

Shade trees shall be provided within required parking lot perimeter landscape strips at the rate of at least one tree per 30 feet on center of parking lot frontage adjacent to a street or sidewalk. A minimum of one tree is required if the length of the frontage is less than 30 feet. The rate can be increased to 60 feet on-center for overstory trees.

D.

In addition to the requirements of section 7.4, transitional buffers, parking lots shall be screened from any adjacent or abutting residentially-zoned lots using buildings or one of the following options:

1.

An opaque fence at least six feet in height and at least one tree per 30 linear feet of fence;

2.

A masonry wall with a minimum height of six feet;

3.

A dense evergreen hedge with a minimum height of five feet at the time of planting; or

4.

A row of evergreen trees with a minimum height of six feet at the time of planting;

7.4.3. Interior parking lot landscape.

A.

Unless otherwise expressly stated, the parking lot interior landscape regulations of this section apply to the construction or expansion of any surface parking area containing more than 20 motor vehicle parking spaces. In the case of a parking lot expansion triggering compliance with these regulations, the minimum requirements for landscape area and plant material are calculated solely on the expanded area.

B.

Parking lots subject to these interior parking lot landscape regulations shall include at least 35 square feet of landscape area per motor vehicle parking space within the parking lot. When at least 50 percent of the interior parking lot landscape area consists of depressed bioretention areas used for stormwater management, the minimum interior parking lot landscape requirement is reduced from 35 square feet per parking space to 25 square feet per parking space. To receive this bioretention credit, the ponding area shall be at least six inches and not more than 18 inches in depth and planted with native wildflowers/herbs, grasses, shrubs, or other appropriate plant material.

C.

Plant material shall be provided within the interior of parking lots in accordance with the table below.

Table 7.4.3. Interior Parking Lot Planting Requirements

D.

Interior parking lot landscaping shall be reasonably distributed throughout the parking lot and provided in landscape islands or medians that comply with all of the following requirements:

1.

Each island shall be at least 200 square feet in area, not including any curb and gutter;

2.

Each island shall include at least one shade tree per island and be covered with ground cover plants or mulch;

3.

Each island shall be protected by curbs or other barriers, which may include breaks or inlets to allow stormwater runoff to enter the landscape; and

4.

Parking rows that abut a paved driving surface shall have a landscape terminal island (end cap) at that end of the parking row. All other parking lot landscape islands shall be located to comply with all applicable regulations of this section.

5.

The city arborist is expressly authorized to approve landscape plans that do not provide terminal islands at the end of each parking row or that otherwise provide for reduced dispersal of interior parking lot landscape areas when proposed landscape planting areas are combined to form functional bioretention areas or to preserve existing trees and vegetation.

7.4.4. Landscaping for parking garages. A landscape strip at least ten feet in width shall be provided around the immediate perimeter of all parking garages, except along sides lined by habitable/occupiable floor space. Such required landscape strips shall contain at least one tree and ten shrubs per 20 linear feet, with the remainder of the landscape strip covered with groundcover plants, sod, or annual or perennial vegetation (see also the parking garage design regulations of subsection 8.3.9, parking garages).

7.4.5. Open space.

A.

Intent. To provide open space as an amenity that promotes physical and environmental health and access to a variety of active and passive recreation options in support of the vision for the character the city.

B.

Applicability.

1.

On-site open space shall be provided for all development sites except single-family detached dwellings that are single-lot developments.

2.

Single-family attached and detached projects do not have to comply with the amenity requirements in subsection 7.4.5.D.5.

C.

Minimum open space ratio. A minimum of ten percent on-site open space shall be provided for each applicable development site.

D.

General requirements. On-site open space shall be provided on all sites in accordance with these regulations:

1.

Access.

a.

Open spaces shall have unobstructed access from the nearest right-of-way or adjacent building.

b.

Each open space shall be adjacent to a public sidewalk, or other public space, or directly accessible with a connected path.

c.

When a building or individual ground-story commercial establishment adjoins an open space, pedestrian access (both ingress and egress), operable to residents or customers, shall be provided.

2.

Private open space. Rooftop patios, rooftop decks, shared tenant amenity spaces, green roofs, or any other controlled access or private open spaces are permitted and encouraged but shall not be used to satisfy open space requirements.

3.

Landscape requirements. Other landscape requirements of this code (e.g.: parking lot landscaping) shall not be counted to meet minimum open space requirements.

4.

Measuring size. The size of the open space is measured to include all landscape and paving, not including required streetscape sidewalks or other non-pedestrian paving surfaces.

5.

Required amenities.

a.

Each required open space shall accommodate seating for a minimum of three people per 2,500 square feet of open space area.

b.

One additional amenity from the following list shall be provided for every 10,000 square feet of open space area:

i.

Public art installation identified from a list maintained by the city manager.

ii.

Incorporation of tree planting, to include a minimum of six caliper inches per 2,500 square feet of open space. The tree density used for this credit shall not count toward any other minimum planting requirements.

iii.

Bioretention facilities engineered to store and treat stormwater with the combination of soils and plant material and designed to be dry within 24 hours of storm event.

iv.

Decorative water feature.

v.

Community garden.

vi.

Playground/recreational equipment.

vii.

Plaza.

viii.

Putting green.

ix.

Climbing wall.

x.

Picnic shelter.

xi.

Fire pit.

xii.

Public outdoor dining area.

xiii.

Another amenity approved by the city arborist.

6.

Stormwater. Stormwater management practices, such as normally dry storage and retention facilities or ponds that retain water, may be integrated into open spaces, subject to the following:

a.

Stormwater features in required open spaces shall be designed by a qualified professional as formal or natural amenities with additional uses other than stormwater management, such as an amphitheater, sports field, or a permanent pond or pool as part of the landscape design.

b.

Stormwater features may not be fenced or enclosed by retaining walls over 24 inches in height. Any walls shall be a minimum of ten feet apart for terraces.

7.

Tree planting. Required tree plantings used to satisfy minimum open space requirements shall be in accordance with subsection 7.3.6, plant and landscape materials and subsection 7.3.7, maintenance.

E.

Certificate of occupancy. All open space requirements shall be fully met before issuance of a certificate of occupancy for the development. Bonds may be submitted in lieu of a landscape installation per article 14, guarantees and sureties.

F.

Alternative compliance. Requirements of this section shall be met by open space provided on the subject development site, unless an off-site open space provision is approved in accordance with these standards:

1.

Off-site. In lieu of open space dedication on site, a developer or property owner may transfer the required land area to be dedicated to open space to a receiving site.

a.

The purpose of the off-site open space program is to transfer required quantities of open space area from eligible sending sites (subject lots) to eligible receiving sites through a voluntary process that supports usable greenspaces of adequate scale and spacing without compromising efficient and sound land planning practices. This alternative compliance is anticipated to be used primarily in multi-lot projects being developed on similar construction schedules.

b.

To count toward the subject site's required open space, the following shall be met:

i.

The area counted toward the subject lot's open space shall be newly planned. It may not be already planned, under permit review, permitted, under construction, or completed at the time the open space is requested to be counted to the off-site alternative compliance provisions.

ii.

The area on the receiving site shall be under construction within six months of the sending site (subject lot) receiving a certificate of occupancy.

iii.

If the previous standard is not met, the sending site (subject lot) shall submit a bond equal to 150 percent of the value of the open space. The bond shall not be released until such a time that the open space is completed on the receiving site. The value of the open space shall be determined based on an independent appraisal paid for by the subject applicant or developer.

iv.

The receiving site shall be located within 1,500 feet of the sending site.

v.

All other open space standards shall be met for the combined open space.

2.

Maximum area. A maximum of 50 percent of the required open space is permitted to be fulfilled by this alternative compliance section. However, if the subject lot is less than one acre, 90 percent of the open space may be fulfilled by this alternative compliance section.

7.4.6. Plant and landscape material.

A.

Deciduous trees used to satisfy the landscaping and screening regulations of this ordinance shall have a minimum caliper size of two inches at time of planting. Evergreen trees shall have minimum height of six feet at time of planting. Trees shall have a minimum mature height of 30 feet. Tree varieties shall be selected from subsection 7.3.14, tree species list.

1.

Required street tree plantings and landscape zones shall not count toward the minimum open space tree plantings and vice versa.

2.

On-site tree plantings shall be spaced a minimum of 30 feet on-center for understory trees and 60 feet on center for overstory trees.

B.

Shrubs used to satisfy the landscaping and screening regulations of this division shall have a minimum container size of three gallons. shrubs shall have a minimum mature height of two feet.

C.

Ground cover plants or landscape material shall consist of shrubs, pine straw, mulch, or other similar landscape material.

D.

Landscaped areas.

1.

All landscaped areas shall be protected by wheel stops, curbs, or other physical barriers where adjacent to vehicle use areas and shall be covered with grass, organic mulch or low maintenance ground cover.

2.

Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil.

7.4.7. Maintenance.

A.

Required landscaping and screening shall be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris clean-up; and replacement of dead, diseased or damaged plant material.

B.

Trees shall be limbed to at least ten feet in height above the sidewalk or any transportation route.

C.

Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this UDC and is subject to penalties and enforcement under article 11, violations, penalties, enforcement.

7.4.8. Design alternatives.

A.

Design alternatives. To accommodate creativity in landscape and screening design and to allow for flexibility in addressing atypical, site-specific development/redevelopment challenges, the city arborist is authorized to approve alternative compliance landscape plans prepared by a landscape architect licensed to practice in the State of Georgia. In order to approve such alternative designs, the city arborist shall determine that the proposed landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this division or that one or more of the following conditions or opportunities are present:

1.

The site has space limitations or an unusual shape that makes strict compliance with the regulations of this division impossible or impractical;

2.

Physical conditions on or adjacent to the site such as topography, soils, vegetation or existing structures or utilities are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this division; or

3.

Safety considerations such as intersection visibility, utility locations, etc., make alternative compliance necessary.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.5.1. Applicability. When a non-residential or RMD-zoned lot abuts any single-family residentially-zoned lot, a transitional buffer shall be provided on the subject lot to help ensure effective buffering and visual screening of more intensive uses.

7.5.2. Location and width of transitional buffers.

A.

The following buffer specification table states the minimum buffer specifications required for each.

B.

Proposed zoning district or use.

C.

The required buffer strip shall be permitted to be included in the minimum yard area as specified in the appropriate zoning district in the Table 7.5.2, buffer specifications.

D.

In meeting the requirements of this section, reference subsection 7.3.6, plant and landscape materials and subsection 7.3.7, maintenance.

Table 7.5.2. Buffer Specifications

7.5.3. Regulations.

A.

Required transitional buffers. Each development site:

1.

Shall comply with the minimum buffer depth requirement established for the proposed and adjacent uses and be left undisturbed expect as expressly stated in this section; and

2.

Shall not be paved or otherwise covered with impervious surfaces; and

3.

Shall not be used for parking, loading, storage, stormwater detention, or any other use, except that the city arborist is authorized to permit the placement of utilities within areas when the applicant shows that it is impractical to place such utilities outside required transition buffers.

B.

Trees and existing vegetation shall not be removed from required transition buffer areas unless such trees are dead or diseased, as determined by a certified arborist. The city arborist is authorized to require the installation of new trees and plants when necessary to provide buffering and visual screening that is equivalent to that provided by the buffer before the dead or diseased trees were removed.

C.

The natural topography of the land within required transition buffer areas shall be preserved except that a slope easement may be cleared and graded when approved by the city arborist to prevent soil erosion. Such easements may not cover more than 20 percent of the required transitional buffer area and shall be immediately replanted upon completion of easement improvements. Such work shall be conducted to avoid disturbance of the soil within the dripline of trees within the transition buffer zone. The city arborist is authorized to require the installation of new trees, and landscape screening material, including plants and fences, when determined to be necessary to provide an effective visual screen and sound buffer within transition buffer areas.

D.

Any grading or construction adjacent to the transitional buffer shall avoid disturbance of or encroachment upon the transition buffer.

E.

Access shall be provided as required for utilities and to ensure adequacy of fire protection services.

Image 7.5.3. Transitional Buffer

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.6.1. General.

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

B.

Applicability. This section shall be applicable to all areas of special flood hazard within the city. For the purposes of defining and determining areas of special flood hazard, areas of future-conditions flood hazard, areas of shallow flooding, base flood elevations, floodplains, floodways, future-conditions floodplains, potential flood hazard or risk categories as shown on FIRM maps, and other such terms used in this division, the following documents and sources may be used for such purposes and are adopted by reference thereto:

1.

The flood insurance study (FIS) for Walton County, dated December 15, 2022, or Newton County, dated March 17, 2014, or Morgan County, dated January 26, 2023, as applicable, with accompanying maps and other supporting data and any revision thereto.

2.

Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the base or one-percent (100-year) floodplain and flood prone areas, including:

a.

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

b.

Any base flood study conducted by a licensed professional which has been prepared utilizing FEMA-approved methodology and approved by the community development director.

3.

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

a.

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

b.

Any future-conditions flood study conducted by a licensed professional engineer which has been prepared by utilizing FEMA-approved methodology approved by the community development director.

4.

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

C.

Compatibility with other regulations. This section is not intended to modify or repeal any other chapter, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this division are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this division imposes restrictions different from those imposed by any other chapter, 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.

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This division does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

E.

Violations, enforcement, and penalties. Any action or inaction which violates the provisions of this section or the requirements of an approved stormwater management 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.

F.

Notice of violation. If the community development director determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan, or the provisions of this division, he or she shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this division without having first secured a permit therefor, the notice of violation is served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:

1.

The name and address of the owner, the applicant, or the responsible person;

2.

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

3.

A statement specifying the nature of the violation;

4.

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

5.

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

6.

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

G.

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 community development director 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 is 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 community development director may take any one or more of the following actions or impose any one or more of the following penalties:

1.

Stop work order. The department may issue a stop work order which is 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 or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

2.

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.

3.

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.

4.

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 department shall deem appropriate (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice is sufficient) after the city has taken one or more of the actions described in subsection 7.6.2.1.G, penalties, 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.

5.

Criminal penalties. For intentional and flagrant violations of this division, the city may issue a citation to the applicant or other responsible person, requiring such person to appear in court to answer charges for such violation. Upon conviction, such person shall be guilty of a violation of this Code.

7.6.2. Administration and enforcement.

A.

Designation of administrator.

1.

Appointed. The community development director is hereby appointed to administer and implement the provisions of this division.

2.

Duties and responsibilities duties of the community development director shall include, but not be limited to:

a.

Review all land development applications and permits to assure that the requirements of this division have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;

b.

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1344;

c.

Require the applicant to obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, when base flood elevation data or floodway data have not been provided, in order to meet the provisions of subsection 7.9.4, industrial, construction discharges and subsection 6.8.5, access, inspection;

d.

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

e.

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

f.

Obtain certification of design criteria from a registered professional engineer or architect when flood proofing is utilized for a structure;

g.

Notify affected adjacent communities and the state Department of Natural Resources (DNR) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal Emergency Management Agency (FEMA);

h.

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

i.

Coordinate all Flood Insurance Rate Map (FIRM) revisions with the Georgia DNR and FEMA.

j.

Review variance applications and make recommendations to the appointed board.

3.

Records.

a.

All records pertaining to the provisions of this division is maintained in the office of the city clerk and is open for public inspection.

b.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of adopted city building code.

B.

Permit requirements.

1.

No owner or developer shall perform any land development activities on a site where an area of special flood hazard or area of future-conditions flood hazard is located, without first meeting the requirements of this section prior to commencing the proposed activity.

2.

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

C.

Additional requirements.

1.

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

2.

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

a.

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

b.

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

c.

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

d.

Proposed locations of drainage and stormwater management facilities;

e.

Proposed grading plan;

f.

Base flood elevations and future-conditions flood elevations;

g.

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

h.

If applicable, the location of the floodway; and

i.

Certification of the information required in this subsection by a licensed professional engineer or surveyor.

3.

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

a.

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

b.

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

c.

Certification that any proposed nonresidential floodproofed structure meets the criteria in subsection 6.5.4.B.2;

d.

For enclosures below the base flood elevation, location and total net area of flood openings as required in subsection 6.5.4.A.5; and

e.

Design plans certified by a licensed professional engineer or architect for all proposed structure(s).

4.

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

5.

Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre-development and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway, flood profiles and all other computations and other information similar to that presented in the FIS;

a.

Copies of all applicable state and federal permits necessary for proposed development, including but not limited to permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334; and

b.

All appropriate certifications required under this section.

6.

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

D.

Construction stage submittal requirements.

1.

New construction and substantial improvements. For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the community development director a certified as-built elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation certificate is provided after completion of construction including final grading of the site. Any lowest floor certification made relative to mean sea level is prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for nonresidential structures, said certification is prepared by or under the direct supervision of a professional engineer or architect and certified by same, using the FEMA floodproofing certificate. This certification shall also include the design and operation/maintenance plan to assure continued viability of the floodproofing measures.

2.

Failure to obtain a permit or certification. Any work undertaken prior to approval of these certifications is at the permit holder's risk. The community development director shall review the referenced certification data submitted. Deficiencies detected by such review are corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby is caused to issue a stop work order for the project.

E.

Appeals and variances. The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this division.

1.

The mayor and city council shall hear and decide requests for appeals or variances from the requirements of this division. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

2.

The mayor and city council shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the community development director in the enforcement or administration of this section.

3.

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

4.

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

5.

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

6.

In reviewing such requests, the mayor and city council shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this division.

7.

Required conditions for approving variances:

a.

A finding of good and sufficient cause;

b.

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

c.

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

8.

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

9.

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

10.

The community development director shall maintain the records of all variance actions, both granted and denied, and report them to the Georgia Department of Natural Resources and the Federal Emergency Management Agency upon request.

11.

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the board of appeals shall deem necessary for the consideration of the request.

12.

Upon consideration of the factors listed in this section and the purposes of this division, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this division.

13.

Variances shall not be issued "after the fact."

7.6.3. Development standards.

A.

Definition of floodplain boundaries.

1.

"A" zones, as identified in the FIS, are used to establish base flood elevations.

2.

For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations are provided by the city. If future-conditions elevation data is not available from the city, then it is determined by a licensed professional engineer using a method approved by FEMA and the city.

B.

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

C.

General standards.

1.

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

a.

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

b.

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

c.

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

d.

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

2.

Any development within any area of special flood hazard or area of future-conditions flood hazard allowed under subsection 7.6.3.C.1 shall also meet the following conditions:

a.

Compensation for storage capacity shall occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average groundwater table elevation and the future-conditions flood elevation for the future-conditions flood and lie within the boundaries of ownership of the property being developed and is within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation:

i.

Include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain; and

ii.

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

b.

Cut areas are stabilized and graded to a slope of no less than two percent;

c.

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

d.

Verification of no-rise conditions (0.01 foot or less), flood storage volumes, and flow characteristics are provided via a step-backwater analysis meeting the requirements of subsection 7.6.3.D;

e.

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

Any significant physical changes to the base flood floodplain is submitted as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. The CLOMR submittal is subject to approval by the department using the FEMA community concurrence forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval is the responsibility of the applicant. Within six months of the completion of development, the applicant shall submit as-built surveys and plans for a final letter of map revision (LOMR).

D.

Engineering study requirements for floodplain encroachment. An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and floodways. This study is prepared by a licensed professional engineer and made a part of the application for a permit. This information is submitted to and approved by the department prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include all requirements specified in the Social Circle Technical Manual:

1.

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

2.

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

3.

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

4.

The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments.

E.

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

1.

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

2.

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

3.

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

F.

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

7.6.4. Flood damage reduction.

A.

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

1.

New construction and substantial improvements of structures (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of subsection 7.6.3, development standards have been met.

2.

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

3.

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

4.

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

5.

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

a.

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

i.

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

ii.

The bottom of all openings are no higher than one foot above grade; and

iii.

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

b.

So as not to violate the lowest floor criteria of this section, the unfinished or flood-resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry related to the elevated area; and,

c.

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

6.

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

7.

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

8.

All proposed development shall include adequate drainage and stormwater management facilities per the requirements of the city to reduce exposure to flood hazards;

9.

New and replacement water supply systems are designed to minimize or eliminate infiltration of floodwaters into the system;

10.

New and replacement sanitary sewage systems are designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

11.

On-site waste disposal systems are located and constructed to avoid impairment to, or contamination from such systems during flooding;

12.

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

13.

Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this division is undertaken only if the nonconformity is not furthered, extended or replaced;

14.

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

15.

When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this division; and

16.

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding:

a.

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

b.

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

c.

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

7.6.5. Building standards for structures and buildings within the future-conditions floodplain.

A.

Residential buildings.

1.

New construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain.

2.

Substantial improvements. Substantial improvements of any principal residential structure shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is highest. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of subsection 7.6.4.A.

B.

Nonresidential buildings.

1.

New construction.

a.

New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all of the requirements of subsection 7.6.3, development standards are met.

b.

If all of the requirements of subsection 7.6.3, development standards have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher.

c.

Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of subsection 7.6.4.A.

d.

New construction that has met all of the requirements of subsection 7.6.3, development standards may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A licensed professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the community development director using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

2.

Substantial improvements. Substantial improvements of any principal nonresidential structure located in A1-30, AE, or AH zones may be authorized by the community development director to be elevated or floodproofed.

a.

Substantial improvements shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher.

b.

Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of subsection 6.5.4.A.

c.

Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is highest, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A licensed professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the community development director using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

3.

Accessory structures and facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of subsection 7.6.3, development standards and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with subsection 7.6.4.A and be anchored to prevent flotation, collapse, and lateral movement of the structure.

4.

Recreational vehicles. All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or

b.

Meet all the requirements for residential buildings—substantial improvements set forth in subsection 7.6.4.B.1.b, including the anchoring and elevation requirements.

5.

Manufactured homes.

a.

New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all of the requirements of subsection 7.6.3, development standards have been met, all new construction and substantial improvements shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of subsection 7.6.4.A.

b.

Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision are elevated so that either: (a) The lowest floor of the manufactured home is elevated no lower than three feet above the level of the base flood elevation, or one foot above the future-conditions flood elevation, whichever is higher; or (b) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

c.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with the standards of subsection 7.6.4.A.7.

7.6.6. Building standards for structures and buildings authorized adjacent to the future-conditions floodplain.

A.

Residential buildings. For new construction of and substantial improvement to any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, is at least three feet above the level of the highest base flood (100-year) elevation adjacent to the building or at least one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of subsection 7.6.4, flood damage reduction.

B.

Nonresidential buildings. For new construction of and substantial improvement to any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, is at least three feet above the level of the highest base flood elevation adjacent to the building or at least one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of subsection 7.6.4, flood damage reduction. Nonresidential buildings may be floodproofed in lieu of elevation.

7.6.7. Building standards for residential single-lot development on streams without established base flood elevations and/or floodway (A zones).

A.

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

1.

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

2.

In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for flood-prone enclosures in accordance with subsection 7.6.4.A.5.a.

7.6.8. Building standards for areas of shallow flooding (AO zones).

A.

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

1.

All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one foot above the flood depth number specified on the flood insurance rate map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, is elevated at least three feet above the highest adjacent grade. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided in accordance with the standards of subsection 7.6.4.A.5.a;

2.

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

3.

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

7.6.9. Standards for subdivisions of land and other development.

A.

[Standards for subdivisions of land and other development.]

1.

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

2.

All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required;

3.

All subdivision plans will provide the elevations of proposed structures in accordance with subsection 7.6.2.C.

B.

Standards for utilities.

1.

All new and replacement water supply and sanitary sewerage systems are designed to minimize or eliminate:

a.

Infiltration of floodwaters into the systems; and

b.

Discharges from the systems into floodwaters.

2.

On-site waste disposal systems are located outside the floodplain to avoid impairment to them, or contamination from them during flooding.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.7.1. Purpose.

A.

The purpose of this section is to protect, maintain, and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and non-point source pollution associated with new development and redevelopment by focusing on the types of frequently occurring storm events that generate the most water quality impacts. Proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. This section seeks to meet that purpose through the following objectives:

1.

Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources;

2.

Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, stream bank erosion, non-point source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;

3.

Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality and to preserve and/or restore natural hydrologic conditions on development sites;

4.

Establish design and application criteria for the construction and use of structural stormwater control facilities that meet the minimum post-development stormwater management standards;

5.

Encourage the use of nonstructural stormwater management and stormwater better site design practices, peak rate and/or runoff reduction, and the preservation of greenspace and other conservation areas, by establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality. Coordinate site design plans, which include greenspace' with the city's greenspace protection plan;

6.

Establish provisions for the long-term responsibility of operation, inspection, maintenance and repair of private structural stormwater control facilities and private commitments for nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety or the environment;

7.

Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term compliance; and

8.

Protect public health and safety by reducing the risk of localized flooding and reducing the amount of runoff entering streets.

7.7.2. Violations, enforcement, penalties.

A.

Generally. Any action or inaction which violates the provisions of this section, or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this section. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described in subsection 7.7.2.C shall not prevent such equitable relief.

B.

Notice of violation. If the department 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 division, 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 division without having first secured a permit therefor, the notice of violation is served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:

1.

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

2.

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

3.

A statement specifying the nature of the violation;

4.

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

5.

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

6.

A statement that the determination of violation may be appealed to the department 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).

C.

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 department 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 is 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 department may take any one or more of the following actions or impose any one or more of the following penalties:

1.

Stop work order. The department may issue a stop work order that is 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 or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

2.

Withhold certificate of occupancy. The department 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.

3.

Suspension, revocation or modification of permit. The department 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.

4.

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 department shall deem appropriate (except that, in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice is sufficient) after the city has taken one or more of the actions described above, the department 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.

5.

Criminal penalties. For intentional and flagrant violations of this division, the department may issue a citation to the applicant or other responsible person, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be guilty of a violation of this Code. Each act of violation and each day upon which any act of violation shall occur shall constitute a separate violation of this Code.

7.7.3. Standards.

A.

Applicability.

1.

This section is applicable to all land development, including, but not limited to, site plan applications, single-family residential applications, subdivision applications, and grading applications, unless exempt pursuant to subsection (2) of this section. These standards apply to any new development or redevelopment site that meets one or more of the following criteria, or as otherwise required by the director:

a.

Any new development, redevelopment, addition or replacement that involves the creation of 1,000 square feet or more of impervious cover, or that involves other land development activities of 5,000 square feet or more;

b.

Any new development or redevelopment, regardless of size, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules or that is defined by the director to be a hotspot land use.

2.

The following activities are exempt from this section:

a.

Agricultural or silvicultural land management activities within areas zoned for these activities.

b.

Repairs to any stormwater management facility or practice deemed necessary by the director.

c.

Minor improvements to public parks involving less than 5,000 square feet of land disturbance and less than 1,000 square feet of impervious surface.

d.

Utility installations, repairs or modifications outside of stream buffers.

e.

Installations or modifications to existing structures to accommodate Americans with Disability Act (ADA) requirements.

f.

Installation of pervious pavement less than 5,000 square feet.

g.

Maintenance, repair and resurfacing of existing paved surfaces.

h.

Addition of sidewalks along streets.

i.

Stream bank stabilization or restoration.

j.

Land disturbance required for environmental cleanup or remediation.

k.

Residential driveway replacement.

3.

Minimum requirements. Except for repairs to existing stormwater facilities or stormwater facilities in the right-of-way, all developments and redevelopment activity, including single-family residential and those which are otherwise exempt from this division, the following minimum requirements shall apply:

a.

Lots and buildings shall be developed in a manner to ensure that stormwater exiting individual parcels or lots under post-development conditions does not adversely impact the adjacent parcels or lots as a result of concentrated flows, flooding, erosion or deposits of silt or sediment;

b.

The stormwater discharge from a downspout, cistern, or any water collection device shall be located no closer to a property line than ten feet and oriented so direction of flow is away from any downstream improvements. Discharge from any outlet must be dissipated, infiltrated or diverted such that flows will not be concentrated; and

c.

No person shall erect, construct, or otherwise permit any obstruction that prevents the natural or contained flow of water to or from any component of the stormwater system of the city unless such obstruction is allowed as a part of a permit approved pursuant to this division.

d.

Lots and buildings shall be developed to provide green infrastructure/low impact development best management practices. Single-family - single lot development that is not part of a larger common development shall be exempt from this requirement.

B.

Designation of administrator. The community development director is hereby appointed to administer and implement the provisions of this section.

C.

Compatibility with other regulations. This section is not intended to modify or repeal any other chapter, rule, regulation or other provision of law. The requirements of this section are in addition to the requirements of any other chapter, rule, regulation, or other provision of law, and where any provision of this division imposes restrictions different from those imposed by any other chapter, 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.

7.7.4. Stormwater design manual. The city will utilize the policy, criteria, and information including technical specifications and standards in the latest edition of the 2016 Georgia Stormwater Management Manual and any relevant city addenda (or equivalent city stormwater management design manual) for the proper implementation of the requirements of this division. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.

7.7.5. Permit application requirements.

A.

No owner or developer shall perform any land development activities without first meeting the requirements of this division prior to commencing the proposed activity.

B.

Unless specifically exempted by this section, any owner or developer proposing a land development activity shall submit to the department a permit application on a form provided by the city for that purpose.

C.

Unless otherwise exempted by this section, a permit application is accompanied by the following items in order to be considered:

1.

Stormwater concept plan and consultation meeting certification in accordance with subsection 7.7.7, stormwater concept plan;

2.

Stormwater management plan in accordance with subsection 7.7.8, stormwater management plan;

3.

Green infrastructure feasibility form in accordance with subsection 7.7.7, stormwater concept plan;

4.

Inspection and maintenance agreement in accordance with subsection 7.7.8, stormwater management plan, if applicable;

5.

Performance bond, if applicable; and

6.

Permit application and plan review fees in accordance.

D.

The approved stormwater management plan shall obligate the responsible party to accomplish all land clearing, construction, development and drainage in accordance with the stormwater management plan. Any and all permits for development activities may be revoked at any time if the construction of stormwater management facilities is not conducted in substantial conformity with approved plans.

E.

Applicant or responsible party shall obtain all state and federal permits required for the proposed development activity in addition to the plans and permits required by the city.

F.

Upon completion of the project the applicant or responsible party shall submit the engineer-of-record's certification and as-built plan that includes the global positioning system coordinates of the stormwater management facilities. If the as-built plan differs substantially from the approved plan but is still acceptable to the city, then the applicant or responsible party shall update the recorded inspection and maintenance agreement upon approval by the city.

7.7.6. Application procedure.

A.

Applications for land development permits are filed with the community development department.

B.

Permit applications shall include the items set forth in subsection 7.7.5, permit application requirements. Two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, are included.

C.

The department shall inform the applicant whether the application, stormwater management plan and inspection and maintenance agreement are approved or disapproved.

D.

If the permit application, stormwater management plan or inspection and maintenance agreement is disapproved, the department 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, in which event this section and subsection 7.7.6.C shall apply to such resubmittal.

E.

Upon a finding by the department that the permit application, stormwater management plan and inspection and maintenance agreement, if applicable, meet the requirements of this division, the department may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met.

F.

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

1.

The applicant shall comply with all applicable requirements of the approved plan and this division and shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan;

2.

The land development project is conducted only within the area specified in the approved plan;

3.

The department is allowed to conduct periodic inspections of the project;

4.

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

5.

Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by subsection 7.7.12, construction inspections.

7.7.7. Stormwater concept plan.

A.

Discussion of post-development stormwater management. Before any stormwater management permit application is submitted, it is recommended that the landowner or developer shall meet with the department for a consultation meeting on a concept plan for the post-development stormwater management system to be utilized in the proposed land development project. This consultation meeting shall take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-development stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential ideas for stormwater management designs before the formal site design engineering is commenced.

B.

Information to be submitted. To accomplish this goal, the following information is included in the concept plan that is submitted in advance of the meeting:

1.

Existing conditions proposed site plans. Existing conditions and proposed site layout sketch plans which illustrate, at a minimum, existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.

2.

Natural resources inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.

3.

Stormwater management system concept plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. Local watershed plans, the city greenspace protection plan (if applicable), and any relevant resource protection plans will be consulted in the discussion of the concept plan.

4.

Green infrastructure feasibility form. The standard city form will be provided with required documentation for linear or non-linear projects determining whether the installation of green infrastructure best management practices are feasible or infeasible for the proposed project based on soil infiltration rates, water table or bedrock conditions, setbacks, landmark trees, endangered species, brownfield site conditions, on-site contaminants, historic resources, steep slopes, utility conflicts or practicability hardships.

7.7.8. Stormwater management plan.

A.

The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this section, including the performance criteria set forth in subsection 7.7.11, performance criteria.

B.

This plan is in accordance with the criteria established in this section and must be submitted with the stamp and signature of a design professional licensed in the state, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the current Georgia Stormwater Management Manual 2016 Edition (here and henceforth all references to this manual assume the 2016 Edition, including all amendments as may be forthcoming from time to time) and the city's submittal requirements for commercial and single-family residential development.

C.

The stormwater management plan must ensure that the requirements and criteria in this division are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. The plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the applicable design requirements and forms found in the Georgia Stormwater Management Manual and the city's submittal requirement for commercial and single-family residential development. This includes but is not limited to:

1.

The common address and legal description of the site.

2.

Vicinity map.

3.

Existing conditions and proposed site plans. Existing conditions and proposed site layout plans which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys; boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, building parking area and other impervious surfaces.

4.

Infiltration rates. Infiltration rates shall be determined by soil surveys, on-site soil analysis or a percolation test. If the site has been previously developed or graded or contains urban soil types, a percolation test is required.

5.

Natural resources inventory. A written or graphic inventory of the natural resources in existence prior to the commencement of the project. This inventory shall address resources both on the site and in the surrounding area that are or may be impacted by the project. This inventory shall also include a description of the soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural features protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks, including but not limited to drinking water well setbacks and septic setbacks. Particular attention should be paid to environmentally sensitive features that present constraints for development.

6.

Existing conditions hydrologic analysis. The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities in accordance with the current Georgia Stormwater Management Manual, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, pre-development conditions are modeled using guidelines established by the director for the portion of the site undergoing land development activities.

7.

Post development hydrologic analysis. The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities shall be calculated in accordance with the Georgia Stormwater Management Manual and include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in subsection 7.7.11, performance criteria; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in subsection 7.7.11, performance criteria must be met for the stormwater runoff from the entire site. For a subdivision of land or planned development, post-development runoff volumes, rates, and velocities shall be calculated based on the built-out conditions of the entire parcel to be subdivided, regardless of future ownership of individual lots. Estimates of impervious surfaces shall be made based on maximum allowable maximum impervious surface ratios in accordance with the city's development code when meeting the performance criteria. The developer of said subdivided parcel may provide runoff reduction and water quality measures for individual lots, which must be reflected accordingly on the final plat.

8.

Stormwater management system.

a.

The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how the selected structural stormwater controls will be appropriate and effective; cross section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in section 109-195; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and/or local greenspace protection plan.

9.

Green infrastructure/low impact development (GI/LID).

a.

Demonstrate use of any GI/LID techniques as follows:

i.

Vegetated filter strip - are uniformly graded and densely vegetated sections of land that provide "biofiltering" of stormwater runoff as it flows across the surface.

ii.

Bioretention areas - are shallow stormwater basins or landscaped areas with well-draining soils, generally composed of sand, fines, and organic matter, and vegetation to capture and treat stormwater runoff.

iii.

Dry wells - consist of shallow excavations, typically filled with stone, that are designed to intercept and temporarily store post-construction stormwater runoff until it infiltrates into the underlying and surrounding soils.

iv.

Permeable paver system - is a pavement surface composed of structural units with void areas that are filled with pervious materials such as gravel, sand, or grass turf. The system is installed over a gravel base course that provides structural support and stores stormwater runoff that infiltrates through the system into underlying permeable soils.

v.

A developer may request a different type of GI/LID practice from the GSMM upon the review and approval by the city.

b.

Provide documentation of at least one of the following infeasibility criteria for cases where GI/LID applications cannot be applied in a feasible or sustainable manner:

i.

The use of GI/LID application will impact threatened or endangered species habitat.

ii.

The use of GI/LID application will significantly damage a community. resource, such as a historical area, a park, a wildlife refuge, a nature trail, riparian zone, or a school facility.

iii.

The use of GI/LID would result in the violation of a federal or state law.

iv.

Steep slopes less than six percent for dry wells, permeable pavers, vegetative filter strips; steep slopes less than 20 percent for bioretention areas.

v.

Inadequate land area less than 2,500 feet² for dry wells, less than five acres for bioretention areas and vegetative filter strips.

vi.

Depth to water table less than two feet for dry wells, bioretention areas, permeable pavers, and less than 1-2 feet for vegetated filter strips.

vii.

Conflict with subsurface utilities.

10.

Post development downstream analysis. A downstream peak flow analysis that includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is ten percent of the total basin area. In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes. The analysis is in accordance with the stormwater design manual.

11.

Construction-phase erosion and sedimentation control plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.) or NPDES permit for construction activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls. Prior to the approval of the stormwater management plan, the applicant or responsible party shall submit a proposed staged construction and inspection control schedule for approval; otherwise, the construction and inspection control schedule will be for the entire drainage system. No stage work related to the construction of stormwater management facilities or BMPs shall proceed until the next proceeding stage of work, according to the sequence specified in the approved stage construction and inspection control schedule, as inspected and approved. Runoff reduction and water quality measures shall be installed in the final phase of construction to prevent clogging.

12.

Landscaping and open space plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved.

13.

Operations and maintenance plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include a narrative describing how the stormwater management system is designed to function, including capture, runoff control, water quality treatment, channel and flood protection, and ongoing operations and maintenance procedures for all stormwater management facilities and practices shown on the stormwater management site plan. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures are included in the plan.

14.

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

15.

Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the department as provided in subsection 7.7.9, inspection, maintenance agreements, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance with subsection 7.7.9, inspection, maintenance agreements.

16.

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

7.7.9. Inspection, maintenance agreements.

A.

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

B.

The inspection and maintenance agreement, if applicable, must be approved by the department prior to plan approval, and recorded in the deed records upon final plat approval.

C.

The inspection and maintenance agreement shall identify by name or official title the person responsible for carrying out the inspection and maintenance. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements are made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site the person to be permanently responsible for its inspection and maintenance.

D.

As part of the inspection and maintenance agreement, a schedule is developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof.

E.

In addition to enforcing the terms of the inspection and maintenance agreement, the department may also enforce all of the provisions for ongoing inspection and maintenance in subsection 7.7.13, ongoing inspection, maintenance.

7.7.10. Modifications for off-site facilities.

A.

The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures are implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility.

B.

A stormwater management plan must be submitted to the department that shows the adequacy of the off-site or regional facility.

C.

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

1.

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

2.

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

3.

Accelerated stream bank or streambed erosion or siltation;

4.

Degradation of in-stream biological functions or habitat; or

5.

Water quality impairment in violation of the state water quality standards, and/or violation of any state or federal regulations.

7.7.11. Performance criteria.

A.

For new developments, the following performance criteria shall be applied to the area of the site impacted by the proposed work. For redevelopment, the following performance criteria shall be applied to the area of the site impacted by the proposed work, provided that the impacted area does not exceed 35 percent of the previously developed area. If the impacted area exceeds 35 percent of the previously developed area, the following performance criteria shall be applied to the entire development, including previously developed area:

1.

Water quality/runoff reduction. All stormwater runoff generated from a site shall provide runoff reduction of the first 1.2 inches of rainfall or shall be adequately treated for water quality before discharge. With the exception of single lot residential developments that are not part of a common development, this shall be accomplished by the use of green infrastructure best management practices unless determined to be infeasible in accordance with subsection 7.7.7.B.4. of this code.

It will be presumed that a stormwater management system complies with this requirement if it satisfies the stormwater reduction criteria in this section. However if any of the stormwater runoff volume generated by the first 1.2 inches of rainfall cannot be reduced or retained on site due to constraints such as a high water table, rock, low infiltration rates or the presence of a hotspot, the remaining volume shall be increased by a multiplier of 1.2 and shall be intercepted and treated in one or more stormwater management practices that provide at least an 80 percent reduction in total suspended solids loads in accordance with the following criteria:

a.

It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual;

b.

Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual or constitutes an alternative practice responsibly designed and documented by the design professional to reproduce the intent of the Georgia Stormwater Management Manual; and

c.

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

2.

Stream channel protection. Protection of stream channels from bank and bed erosion and degradation is provided by using all of the following three approaches:

a.

Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer;

b.

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

c.

Erosion prevention measures such as energy dissipation and velocity control.

d.

For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this section, stream channel protection is not required.

3.

Overbank flooding protection.

a.

Downstream overbank flood and property protection is provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the one-year, 24-hour storm under subsection (a) of this section is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided. For redevelopment projects overbank flood and property protection shall be provided by reducing the peak discharge rate up to the 25-year, 24-hour storm event in accordance with the following formula:

%PIC/2 = %PDRR

PIC = Predevelopment Impervious Cover

PDRR = Peak Discharge Rate Reduction

b.

For sites where previous demolition has removed impervious surfaces, pre-development peak discharge rate calculations and percentage of impervious coverage shall be calculated based on pre-demolition conditions. For sites that have been demolished and have remained fallow and stabilized with vegetation for a minimum of five years, they shall be considered as having pre-development conditions of 20 percent impervious cover for purposes of calculating peak discharge rate reduction.

c.

For land development permitted after 2005 and served by appropriate stormwater management facilities, subsequent redevelopment of the same area is not required to further reduce the peak discharge rate, provided that the site continues to meet the reduction previously achieved.

d.

For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this section, overbank flooding protection is not required.

4.

Extreme flooding protection.

a.

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

b.

For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this section, extreme flooding protection is not required.

5.

Structural stormwater controls. All structural stormwater management facilities are selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the department before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the city may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased non-point source pollution loads created on the site in question. Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control.

6.

Stormwater credits for nonstructural measures. The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under subsection 7.7.11.A.1. The applicant may, if approved by the department, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements that identifies the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual.

7.

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

a.

Methods to calculate stormwater flows are in accordance with the stormwater design manual;

b.

All culverts, pipe systems and open channel flow systems are sized in accordance with the stormwater management plan using the methods included in the Georgia Stormwater Management Manual; and

c.

Design and construction of stormwater conveyance facilities are in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual.

8.

Dam design guidelines. Any land disturbing activity that involves a site that proposes a dam shall comply with the Georgia Safe Dams Act of 1978 (O.C.G.A. §§ 12-5-370 et seq.) and rules for dam safety as applicable.

7.7.12. Construction inspections.

A.

Inspections to ensure plan compliance during construction. Periodic inspections of the stormwater management system construction is conducted by the staff of the department or conducted and certified by a professional engineer who has been approved by the department. Construction inspections shall utilize the approved stormwater management plan for establishing compliance. All inspections are documented with written reports that contain the following information:

1.

The date and location of the inspection;

2.

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

3.

Variations from the approved construction specifications; and

4.

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

5.

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

B.

Final inspection and as-built plans. Upon completion of a project, and before a certificate of occupancy is granted, the applicant is responsible for certifying that the completed project is in accordance with the approved stormwater management plan including the global positioning system coordinates of all stormwater management facilities. All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices 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 department is required before the release of any performance securities can occur.

7.7.13. Ongoing inspection, maintenance.

A.

Long-term maintenance inspection of stormwater facilities and practices.

1.

The absence of an inspection and maintenance agreement shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater management facility. If the owner or responsible party fails or refuses to meet the requirements of this division, the city may correct the violation at the owner's expense.

2.

For facilities constructed prior to the effective date of this division the owner or responsible party shall perform proper maintenance of the stormwater maintenance facility as required by the indemnification agreement. If the owner or responsible party fails or refuses to meet the requirements of this division, the city may correct the violation at the owner's expense.

3.

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

4.

A stormwater management facility or practice is inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement or in the absence of an inspection and maintenance agreement, in accordance with the requirements of this section. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the department shall notify the person responsible for carrying out the maintenance plan who is specified in the inspection and maintenance agreement by registered or certified mail. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures are completed. Failure of the city to provide such notice shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater maintenance facility. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the department may correct the violation as provided subsection 7.7.13, ongoing inspection, maintenance hereof.

5.

An annual inspection shall be performed and attested to by a professional engineer with results reported to the city. Any deficiencies noted in either operation or maintenance of the facility must be included in the report along with the proposed remedies required and a time table for their implementation. If substantial deficiencies are found, a follow-up inspection to confirm correction of said deficiencies shall be performed and reported to the city.

6.

Inspection programs by the department may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities and practices.

B.

Right-of-entry for inspection. The terms of the inspection and maintenance agreement shall provide for the city to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this section is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this section.

C.

Records of maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the department.

7.7.14. Failure to maintain. If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the department' after 30 days' written notice (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice is sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The department may assess the owners of the facility for the cost of repair work that is a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.8.1. Title and findings.

A.

Title. This section will be known as "The City of Social Circle Soil Erosion, Sedimentation and Pollution Control Ordinance."

B.

Findings. The city finds that soil erosion and sediment deposition onto land and into water within the watersheds of the city are a result of failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of the city and the intent of this section to strengthen and extend the present erosion and sediment control activities and programs of the city and to provide for the establishment and implementation of a city-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of the city.

7.8.2. Exemptions. This section shall apply to any land-disturbing activity undertaken by any person or any land except for the following:

A.

Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968";

B.

Granite quarrying and land for such quarrying;

C.

Such minor land-disturbance activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities. If such activities cause excessive erosion an official notice shall be provided to implement a best management practice (BMP) to stop continued erosion;

D.

The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan or development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however:

1.

Construction of any such residence (single-family) shall conform to the minimum requirements as set forth in subsection 7.8.3.C of this division.

2.

For single-family residential 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 1 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 community development 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.

3.

The minimum requirements of subsection 7.8.3.C of this division and the buffer zones provided by this section shall be enforced by the city;

E.

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 aquaculture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds;

F.

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 subsection 7.8.3.C of this division, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

G.

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

H.

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 banks/points of wrested vegetation 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, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by paragraphs A., B., C., D., E., F., G., I. or J. of this section;

I.

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Georgia 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 Georgia 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 Georgia 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;

J.

Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Georgia 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 Georgia 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

K.

Any public water system reservoir.

7.8.3. Minimum requirements.

A.

General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance from which this division derived and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities that are not exempted by this division 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 subsection 7.8.3.B and subsection 7.8.3.C of this section. 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 division and the NPDES general permit.

B.

Minimum requirements/BMPs.

1.

Best management practices as set forth in this section of this division 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 community development director or to any other allegation of noncompliance with subsection 6.7.3.B.2 or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act." As used in this section, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

2.

A discharge of stormwater 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 O.C.G.A. § 12-5-30(f), 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 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the community development director, EPD. 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 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 O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure occurs.

4.

The community development director may require, in accordance with regulations adopted by the board of natural resources, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

5.

The local issuing authority (LIA) may set more stringent buffer requirements than stated in subsection 6.7.3.C.15 and subsection 6.7.3.C.16, in light of O.C.G.A. § 12-7-6(c).

C.

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 runoff 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 subsection 7.8.3.B.2 of this division;

15.

Except as provided in paragraph (16) of this section, 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 community development director, EPD determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the community development director, EPD 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 groundwater table year round; for which groundwater 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 community development director, EPD 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 streambed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for their 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 streambed; 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;

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 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 of natural resources, 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 community development director, EPD 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 streambed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for their 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 streambed; 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.

17.

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 subsection 7.8.3.B and subsection 7.8.3.C of this division.

18.

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 division or the terms of the permit.

7.8.4. Application/permit process.

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 UDC, 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 Social Circle, Georgia, without first obtaining a permit from the department to perform such activity and providing a copy of notice of intent submitted to EPD, if applicable.

2.

The application for a permit shall be submitted to the department 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 subsection 7.8.4.C of this division. 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 subsection 7.8.3.B and subsection 7.8.3.C of this division will be met. Applications for a permit will not be accepted unless accompanied by three 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.

3.

In addition to the local permitting fees, fees will also be assessed pursuant to paragraph O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a), one-half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

4.

Upon receipt of an application and plan for a permit, the city shall review and approve or disapprove concerning the adequacy of the erosion, sedimentation and pollution control plan. The city shall approve or disapprove a plan within 35 days of receipt. Failure of the city to act within 35 days shall be considered an approval of the pending plan. No permit will be issued unless the plan has been approved by the city, and any variances required by subsection 7.8.3.C have been obtained, all fees have been paid, and bonding, if required as per subsection 7.8.4.B has been obtained.

5.

If a permit applicant has had two or more violations of previous permits, this 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 local issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the local issuing authority 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. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations.

C.

Plan requirements.

1.

Plans must be prepared to meet the minimum requirements as contained in subsection 7.8.3.B and subsection 7.8.3.C of this division, 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 division. 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 stormwater 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 their 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.

3.

Stand-alone residential development permit and procedures.

4.

All building permits for a standalone residential development or redevelopment shall be submitted for review and approval that includes an erosion control plan and details.

5.

The building permit shall include a site erosion control plan, sealed by a Georgia-registered Engineer, Landscape Architect, Certified Person in Erosion and Sediment Control (CPESC) or land surveyor, to accompany the building plans. No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the local issuing authority pursuant to subsection 7.8.3.C. All proposed BMPs on the site erosion control plan shall be designed per requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia."

6.

At the time of the preconstruction meeting the owner, operator or applicant shall sign the memorandum of understanding titled "Erosion Control Responsibilities." This document is on file with the department.

7.

Self-inspections and rain event logs.

a.

The on-site operator, owner or applicant shall perform self-inspections of the erosion control BMPs daily when land disturbing is underway and at a minimum of once per week when the site is stabilized.

b.

An inspection be conducted after every rain event of one-half inches or more within a 24-hour period.

c.

Any problems noted during these inspections should be logged and corrected immediately.

d.

A log of the self-inspections and remedial measures undertaken must be available for review by the city at any time during the development and up to the final site stabilization.

8.

Permits.

a.

Permits shall be issued or denied as soon as practicable, but in any event not later than 45 days after receipt by the local issuing authority 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.

b.

No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the district and the local issuing authority has affirmatively determined that the plan is in compliance with this division, any variances required by subsection 7.8.3.C.15 and subsection 7.8.3.C.16 are obtained, bonding requirements, if necessary, as per subsection 7.8.4.B.6 are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

c.

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

d.

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

e.

The permit may be suspended, revoked, or modified by the local issuing authority, 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 division. 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.

f.

The local issuing authority 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).

7.8.5. Inspection and enforcement.

A.

The community development director will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the local issuing authority 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 division, 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 division.

B.

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

C.

The community development director shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this division, 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 O.C.G.A. § 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.

7.8.6. Penalties and incentives.

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 division without first obtaining said permit, the person shall be subject to revocation of the 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 violation of the provisions of this division, the community development director, EPD or the local issuing authority shall provide official notice to the violator. The violator shall have 48 hours to correct the violation. If the violation is not corrected within 48 hours, the community development director, EPD or the local issuing authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred. In cases where there is danger of damage to state waters, stormwater systems or adjacent property a stop work order may be issued and the violator shall correct the violation immediately.

2.

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

3.

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, failure to follow the approved plan, failure to maintain required BMPs or significant amounts of sediment, as determined by the local issuing authority or by the community development director, EPD or their designee, have been or are being discharged into state waters, offsite or streets and where best management practices have not been properly designed, installed, and maintained, a stop-work order shall be issued and citation may be issued, by the local issuing authority or by the community development director, EPD or their 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 division and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions [of] subsection 7.8.4.B.6. The local issuing authority 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 division, or any permit condition or limitation established pursuant to this division, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the community development director may be cited for the violation of this division. Any person who violates any provisions of this division, or any permit condition or limitation established pursuant to this division, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the community development director issued as provided in this division shall be liable for a civil penalty not to exceed $2,500.00 per day, except that the penalty for violations associated with stand-alone residential development shall be pursuant to article 11, violations, penalties, and enforcement of the City Code. For the purpose of enforcing the provisions of this division, 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, except that the penalty for violations associated with stand-alone residential development shall be pursuant to article 11, violations, penalties, and enforcement of the City Code 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 division under county ordinances approved under this division shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation, except that the penalty for violations associated with stand-alone residential development shall be pursuant to article 11, violations, penalties, and enforcement of the City Code for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

7.8.7. Education and certification.

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 division.

D.

If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A. § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said subsection.

7.8.8. Administrative appeal, judicial review.

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 board of appeals within 30 days after receipt by the local issuing authority of written notice of appeal.

B.

Judicial review. Any person, aggrieved by a decision or order of the local issuing authority, after exhausting his administrative remedies, shall have the right to appeal to the Superior Court of Walton or Newton County, Georgia.

7.8.9. Effectivity, validity, and liability.

A.

Effectivity. This division became effective upon the date of adoption.

B.

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

C.

Liability.

1.

Neither the approval of a plan under the provisions of this section, nor the compliance with provisions of this section 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 division or the terms of the permit.

3.

No provision of this section 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.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

7.9.1. General provisions.

A.

Purpose and intent. The purpose of this division 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 division establishes methods for controlling the introduction of pollutants into the city separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this division are to:

1.

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

2.

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

3.

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

4.

Establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this division.

B.

Compatibility with other regulations. This section is not intended to modify or repeal any other chapter, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other chapter, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other chapter, 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.

C.

Responsibility for administration. The community development director shall administer, implement, and enforce the provisions of this division.

7.9.2. Violations, enforcement, penalties.

A.

Violations.

1.

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this division. Any person who has violated or continues to violate the provisions of this division 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 department 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 department is authorized to seek costs of the abatement as provided herein.

B.

Notice of violation. Whenever the department finds that a violation of this section has occurred, the department 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 division and a time schedule for the completion of such remedial action;

e.

A statement of the penalty or penalties 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 department 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. Any person receiving a notice of violation may appeal the determination of the department. The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before the director or his designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or designee is 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 30 days of the decision of the appropriate authority upholding the decision of the department, then representatives of the department 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 is 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 in this section.

E.

Costs of abatement of violation. Within 60 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 30 days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

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 department shall deem appropriate, after the department has taken one or more of the actions described in subsection 7.9.2.E, the department may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

G.

Criminal penalties. For intentional and flagrant violations of this division, the department may issue a citation to the alleged violator requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be guilty of a violation of this Code. Each act of violation and each day upon which any act of violation shall occur shall constitute a separate violation of this Code.

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 division is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

I.

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

J.

Recovery of fees and costs. The department may recover attorney's fees, court costs, and other expenses associated with enforcement of this section, including sampling and monitoring expenses.

7.9.3. Prohibitions.

A.

Prohibition of illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under his control to throw, drain, or otherwise discharge into the city separate storm sewer system any pollutants or waters containing any pollutants other than stormwater.

B.

Exemptions. 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 director as being necessary to protect public health and safety;

3.

The prohibition provision above shall not apply to any non-stormwater 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.

C.

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

1.

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

2.

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

3.

Improper connections in violation of this division must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the public works department.

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, is located by the owner or occupant of that property upon receipt of written notice of violation from the department 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 department.

7.9.4. Industrial, construction discharges. 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 department prior to allowing discharges to the city separate storm sewer system.

7.9.5. Access, inspection. The department is permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this division.

A.

If a property or facility has security measures in force that 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 department.

B.

The owner or operator shall allow the department 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.

C.

The department shall have the right to set up on any property or facility such devices as are necessary, in the opinion of the department, to conduct monitoring and/or sampling of flow discharges.

D.

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

E.

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

F.

Unreasonable delays in allowing the department access to a facility is a violation of this division.

G.

If the department has been refused access to any part of the premises from which stormwater is discharged, and the department is able to demonstrate probable cause to believe that there may be a violation of this division, 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 division or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the department may seek issuance of a search warrant from any court of competent jurisdiction.

7.9.6. Notification.

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 is resulting or may result in illicit discharges or pollutants discharging into stormwater, the city separate storm sewer system, state waters, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

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 are confirmed by written notice addressed and mailed to the department 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 are 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 are immediately notified.

D.

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

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)