It is the purpose of this article to require the use of ultra-low flow plumbing fixtures in all new construction, or when replacing plumbing fixtures during renovation or remodeling of existing buildings and to require the labeling of plumbing fixtures with information regarding flow rates for the purpose of conserving water to maintain the integrity of drinking water supplies and reduce wastewater flows.

As used in this article:

"Commercial building" means any type of building other than single-family and two-family residential.

"Construction" means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building, and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building.

"Persons" means any individual, corporation, partnership, or legal entity.

"Plumbing fixtures" means any toilet, urinal, showerhead, bathroom, lavatory, and kitchen faucet, and replacement aerators.

"Residential building" means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel.

"Toilet" means any fixture consisting of a water flushed bowl with a seat, used for the disposal of human waste.

"Urinal" means any fixture consisting of a water-flushed bowl used for the disposal of human waste.

No plumbing fixture shall be installed which does not meet the standards listed in subsection A. of this section. This includes all plumbing fixtures installed in newly constructed buildings or when replacing plumbing fixtures during remodeling or renovation of existing buildings, except as noted in legally nonconforming cases:

A.

All plumbing fixtures installed as referred to above should not exceed the following maximum water use rates:

1.

Toilets: One and six-tenths (1.6) gallons per flush;

2.

Urinals: One (1) gallon per flush;

3.

Showerheads: Two and one-half (2.5) gallons per minute;

4.

Kitchen faucets: Two and one-half (2.5) gallons per minute; and

5.

Bathroom and lavatory faucets: Two (2) gallons per minute.

B.

The flow-restriction device in a showerhead must be a permanent and an integral part of the showerhead and must not be removable to allow flow rates in excess of that stated in Subsection A. of this section.

C.

Lavatory faucets located in restrooms intended for use by the general public shall be of the metering or self-closing type, in addition to the flow requirement listed in Subsection A. of this section.

Effective July 1, 1991, all toilets, urinals, showerheads, or faucets shall be clearly labeled by the manufacturer to indicate the maximum flow rate or water usage of the fixture. The water-use rate of the fixture shall be certified by the manufacturer based on independent test results and using sixty (60) psi for showerheads. The label shall be affixed to the fixture and remain there until the proper building and/or plumbing inspections have been conducted. Also, the product packaging must be clearly marked to identify water use rates when offered for retail sale.

A.

The following fixture uses or applications shall be exempt from the standards:

1.

Showers and faucets installed for safety purposes, such as emergency eye-wash stations, etc.;

2.

Plumbing fixtures specifically designed for use by the physically handicapped;

3.

Fixtures specifically designed to withstand unusual abuse or for installation in correctional institutions, which may require more water for proper operation; and

4.

Instances of building renovation where significant plumbing modifications would be required to accommodate the lower flows or for specialized purposes which cannot be accommodated by existing technology.

B.

Permission for the exceptions listed here must be obtained from the director of public works or their designee.

A.

The City of Stockbridge municipal court shall have jurisdiction to hear all cases involving an alleged violation of this article.

B.

In addition to the penalties set forth in Subsection 15.1.7, the director may take such other action as described below to compel compliance and may maintain an action or proceeding in municipal court or any court of competent jurisdiction to compel compliance with or restrain any violation of this article.

C.

Compliance with the requirements for installation and labeling at the time of installation shall be determined by the director of public works or their designee or his/her agent in cases of new or replacement plumbing fixture installations, and compliance shall be a condition for receipt of any occupancy permit.

D.

Compliance with the requirements in Subsection 15.1.4, regarding the labeling of plumbing fixtures offered for retail sale, shall be determined by the director of public works or their designee. The director or his/her agent shall have access to all establishments which offer for retail sale or sell plumbing fixtures at retail for purposes of determining compliance with Subsection 15.1.4.

A.

Any person who violates any provision of this chapter shall be subject to a fine not to exceed five hundred dollars ($500.00) for each violation. Each violation shall constitute a separate offense and each day that such violation continues shall constitute a separate offense.

B.

Any person who violates any provision of this article and holds a business license which authorizes the construction, installation, repair, distribution, sale, or maintenance of such plumbing fixtures may have their license suspended for a definite period or canceled. The time of suspension or cancellation will be determined by the municipal court judge.

C.

Any person who violates the provisions of this article may be denied water and sewer services or have their water and sewer services terminated. Such water and sewer services can be terminated by an order from the municipal court judge.

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

A.

This section applies to all new conveyor car washes permitted and constructed after January 1, 2011, regardless of the water source.

B.

The provisions of this section do not apply to conveyor commercial car washes that were permitted or constructed before January 1, 2011.

C.

The provisions of this section do not apply to self-service car washes or in-bay car washes.

D.

Commercial Car Wash Water Recycling Requirement. All new commercial conveyor car washes, permitted and constructed after January 1, 2011 must install operational recycled water systems. A minimum of fifty percent (50%) of water utilized will be recycled.

The following words and phrases, whenever used in this section, have the meaning defined in this section:

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

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

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

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

A.

The following uses are a waste or unreasonable use or method of use of water and are prohibited:

1.

Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person's property.

2.

Operating an irrigation system or other lawn or landscaping watering device during rain.

3.

Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads.

4.

Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within thirty (30) days.

5.

Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited.

B.

The restrictions in this policy or section do not apply to the following authorized uses:

1.

Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities.

2.

Water applied as a dust control measure, as required by erosion and sedimentation rules.

3.

Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology.

4.

Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available.

5.

Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists.

6.

Water used for power-washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions.

7.

Mobile car washes when approval or a special use permit is obtained from the city.

8.

Emptying of swimming pools for maintenance when proper local rules are followed.

C.

If it is found that there is a waste of water in or about any premises to which water is supplied from the city water system, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, the city may cause the water to be cut off from the premises upon reasonable notice to the occupant, unless special circumstances require that such waste shall be immediately stopped. Where the water supply is cut off as herein provided, the water shall not again be turned on until all water bills and the bill for the cost of cutting off and again turning on the water shall have been paid.

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

A.

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

B.

Capture and reuse of cooling system condensate or storm water in compliance with any applicable city ordinances and State guidelines;

C.

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

D.

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

E.

Watering personal food gardens;

F.

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

G.

Drip irrigation or irrigation using soaker hoses;

H.

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

I.

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

J.

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

K.

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

L.

Installation, maintenance, or calibration of irrigation systems; or

M.

Hydroseeding.

A.

No person shall use or allow the use of water in violation of the restrictions on outdoor water use contained in Subsection 15.3.1.

B.

Code enforcement shall be the enforcement authority for this article. The code enforcement department may authorize other departments as may be deemed necessary to support enforcement.

C.

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

A.

The property upon which the stormwater facilities are located cannot be included in the description of any lot located in a residential subdivision. Detention ponds and facilities that are located on commercial and industrial properties shall follow the title to the property upon which such facilities are located, and the owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of such facilities, while residential facilities may be transferred full liability to a homeowner's association that is validly existing under the laws of the State of Georgia where such entity has the legal ability to assess and collect fees for the maintenance of those facilities.

B.

In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility according to the ordinances of the city.

C.

The city shall have a perpetual nonexclusive easement over and across all access easements to the detention ponds and facilities, together with a nonexclusive easement over, above, under and through the detention pond and facilities for the purpose of the operation and maintenance of such facilities.

D.

In order to facilitate the maintenance and inspections contemplate by this section, it shall be required that all final plats submitted to the city for review shall include an unencumbered nonexclusive easement from an existing public roadway to any stormwater detention structure or pond. Those easements shall be identified upon the final plat. The access easement shall be a minimum of thirty (30) feet in width and shall be at least graveled to accommodate the equipment necessary to clean and maintain both the easement and the structure or pond.

The ordinance codified in this chapter shall be known as the "City of Stockbridge Stream Buffer Protection Ordinance."

A.

Findings. Whereas, the city council of the City of Stockbridge finds that buffers adjacent to streams provide numerous benefits including:

1.

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

2.

Removing pollutants delivered in urban stormwater;

3.

Reducing erosion and controlling sedimentation;

4.

Protecting and stabilizing stream banks;

5.

Providing for infiltration of stormwater runoff;

6.

Maintaining base flow of streams;

7.

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

8.

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

9.

Providing riparian wildlife habitat;

10.

Furnishing scenic value and recreational opportunity; and

11.

Providing opportunities for the protection and restoration of greenspace.

B.

Purposes. The purpose of this chapter 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 zones along the streams of the City of Stockbridge for the protection of water resources; and

2.

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

"Buffer" means, with respect to a stream, a natural or enhanced vegetated area (established by this chapter), lying adjacent to the stream.

"Impervious cover" means any manmade paved, hardened, or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools, and any concrete or asphalt paving.

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

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

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

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

"Floodplain" means any land area susceptible to flooding, which would have at least a one percent (1%) probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan i.e., the regulatory flood.

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

"Permit" means the permit issued by the Henry County Community Development Department required for undertaking any land development activity.

"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county, or other political subdivision of the State, any interstate body, or any other legal entity.

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

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

"Setback" means, with respect to a stream, the area established by this chapter extending beyond any buffer applicable to the stream.

"Stream" means any stream, beginning at:

1.

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

2.

A point in the stream channel with a drainage area of twenty-five (25) acres or more; or

3.

Where evidence indicates the presence of a stream in a drainage area of other than twenty-five (25) acres, the City of Stockbridge may require field studies to verify the existence of a stream.

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

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

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

This chapter shall apply to all land development activity on property containing a stream protection area as defined in Subsection 15.4.3 of this title. 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.

A.

Grandfather Provisions. This chapter shall not apply to the following activities:

1.

Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of the ordinance codified in this chapter;

2.

Existing development and on-going land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, and gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements;

3.

Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of the ordinance codified in this chapter;

4.

Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of the ordinance codified in this chapter.

B.

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

1.

Activities for the purpose of building one (1) of the following:

a.

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

b.

Public water supply intake or public wastewater outfall structures;

c.

Intrusions necessary to provide access to a property;

d.

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

e.

Unpaved foot trails and paths; or

f.

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

2.

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

3.

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

4.

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

5.

Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the City of Stockbridge community development department director on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the City of Stockbridge community development department 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 protection area.

6.

Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer.

After the effective date of the ordinance codified in this chapter, it shall apply to new subdividing and platting activities.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to a variance as described in this title.

A.

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

1.

An undisturbed natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.

2.

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

3.

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

B.

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

1.

Where a parcel was platted prior to the effective date of the ordinance codified in this chapter, and its shape, topography or other existing physical condition prevents land, and the City of Stockbridge community development department director finds and determines that the requirements of this chapter prohibit the otherwise lawful use of the property by the owner, the city council of the City of Stockbridge may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel.

2.

Except as provided above, the city council of the City of Stockbridge shall grant no variance from any provision of this chapter without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the city council. The City of Stockbridge shall give public notice of each such public hearing in a newspaper of general circulation within the City of Stockbridge.

3.

Variances will be considered only in the following cases:

a.

When a property's shape, topography or other physical conditions existing at the time of the adoption of the ordinance codified in this chapter prevent land development unless a buffer variance is granted; or

b.

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

4.

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

a.

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

b.

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

c.

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

d.

Documentation of unusual hardship should the buffer be maintained;

e.

At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

f.

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

g.

A stormwater management site plan, if applicable; and

h.

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

i.

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

i.

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

ii.

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

iii.

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

iv.

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

v.

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

vi.

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

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

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

1.

A site plan showing:

a.

The location of all streams on the property;

b.

Limits of required stream buffers and setbacks on the property;

c.

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

d.

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

e.

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

2.

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

3.

Any other documentation that the City of Stockbridge community development department director may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process.

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

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

A.

The City of Stockbridge may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the city in making such inspections. The City of Stockbridge shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this chapter, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

B.

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

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

A.

Notice of Violation. If the director determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this chapter, 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 chapter without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

1.

The notice of violation shall contain:

a.

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

b.

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

c.

A statement specifying the nature of the violation;

d.

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

e.

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

f.

A statement that the determination of violation may be appealed to the City of Stockbridge community development department director by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient).

B.

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 (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the City of Stockbridge community development department 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 (10) days (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the City of Stockbridge community development department director may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties:

1.

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

2.

Withhold Certificate of Occupancy. The City of Stockbridge community development department director 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 of Stockbridge community development department director 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 of Stockbridge community development department director 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 (10) days (or such greater period as the City of Stockbridge community development department director shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) after the City of Stockbridge community development department director has taken one (1) or more of the actions described above, the City of Stockbridge community development department director may impose a penalty not to exceed one thousand dollars ($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. Any person violating the terms of this chapter shall be punished in municipal court as provided for in this Code. Each day the violation continues shall be considered a separate offense.

Appeals may be filed in accordance with Sections 10.3 and 10.4 of this chapter.

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

(Ord. No. OR24-559, 3-4-2024)

A.

This section will be known as "Stockbridge Soil Erosion, Sedimentation and Pollution Control Ordinance."

B.

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

"Best management practices (BMPs)" means sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

"Board" means the Board of Natural Resources.

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

"Certified personnel" means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

"Coastal marshlands" shall have the same meaning as in O.C.G.A. § 12-5-282.

"Commission" means the Georgia Soil and Water Conservation Commission (GSWCC).

"CPESC" means a certified professional in erosion and sediment control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

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

"Department" means the Georgia Department of Natural Resources (DNR).

"Design professional" means a professional licensed by the State in the field of engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable State law governing professional licensure.

"Director" means the Director of the Environmental Protection Division of the Georgia Department of Natural Resources or an authorized representative.

"District" means the Region IV Soil and Water Conservation District.

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

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

"EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources, which is a State agency charged with protecting Georgia's air, land, and water resources through the authority of State and Federal environmental statutes.

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

"Erosion, sedimentation, and pollution control plan" means a plan required by the Erosion and Sedimentation Act, O.C.G.A. ch. 12-7 that includes, as a minimum protection at least as stringent as the State general permit, best management practices, and requirements in Subsection 15.5.3.C.

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

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

"Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

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

"Ground elevation" means the original elevation of the ground surface prior to cutting or filling.

"Land-disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into State waters or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as described in Subsection 15.5.2.E.

"Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one (1) plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

"Local issuing authority (LIA)" means the governing authority of any county or municipality which is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8.

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

"Natural ground surface" means the ground surface in its original state before any grading, excavation, or filling.

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

"NOI" means a notice of intent form provided by EPD for coverage under the State general permit.

"NOT" means a notice of termination form provided by EPD to terminate coverage under the State general permit.

"NPDES" means the National Pollution Discharge Elimination System.

"Operator" means the party or parties that have:

1.

Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or

2.

Day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation, and pollution control plan or to comply with other permit conditions.

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

"Permit" means the authorization necessary to conduct a land-disturbing activity under the provisions of this chapter.

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

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

"Project" means the entire proposed development project regardless of the size of the area of land to be disturbed.

"Properly designed" means designed in accordance with the design requirements and specifications 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 and amendments to the manual as approved by the commission up until the date of NOI submittal.

"Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled roadway consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

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

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

"Soil and water conservation district approved plan" means an erosion, sedimentation, and pollution control plan approved in writing by the Region IV Soil and Water Conservation District.

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

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

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

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

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

"Vegetative erosion and sedimentation control measures" means measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

1.

Permanent seeding, sprigging or planting, that produces long-term vegetative cover;

2.

Temporary seeding that produces short-term vegetative cover; or

3.

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

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

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

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

This chapter shall apply to any land-disturbing activity undertaken by any person on 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 clearing for such quarrying;

C.

Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion;

D.

The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any State waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least fifty (50) horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least fifty (50) horizontal feet, but the Director may grant variances to no less than twenty-five (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 twenty-five (25) horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. § 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the local issuing authority;

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 aqua culture, 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 Paragraphs 16. and 17. of Subsection 15.5.3.C., no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices;

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 non-commercial project involving less than one (1) 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 (1) acre or within two hundred (200) feet of the bank of any State waters, and for purposes of this paragraph, "State waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing activity, and which is within two hundred (200) feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by Paragraphs A., B., C., D., E., F., G., I., or J. of this section. Commercial projects of five thousand (5,000) square feet or greater of disturbed area are not exempt from any provision of this chapter; provided, however, that the City of Stockbridge may specifically exempt commercial projects of less than one (1) acre from soil erosion plan requirements in cases where minimal land disturbance is to occur);

I.

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one (1) or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the State general permit, in which case a copy of a notice of intent under the State general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

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 Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the State general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and

K.

Any public water system reservoir.

A.

General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of this chapter and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this chapter 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 Subsections B. and C. 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 chapter and the NPDES general permit.

B.

Minimum Requirements/BMPs.

1.

Best management practices as set forth in Subsections B. and C. shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with Paragraph 2. of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in subsection (b) of O.C.G.A. § 12-7-6.

2.

A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres.

3.

Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act," for each day on which such failure occurs.

4.

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

5.

The City of Stockbridge public works department (LIA) may set more stringent buffer requirements than stated in Paragraphs C.16., 17., and 18. of this section, in light of subsection (c) of O.C.G.A. § 12-7-6.

6.

Additional erosion and sediment control measures will be installed if deemed necessary by the local issuing authority after an on-site inspection.

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.

A construction exit designed in accordance with the "Manual for Erosion and Sediment Control in Georgia" must be the first element developed on a construction site. The construction exit must be maintained in such a way as to prevent any mud from being tracked onto public roads;

2.

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

3.

Cut-fill operations must be kept to a minimum;

4.

Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential;

5.

Whenever feasible, natural vegetation shall be retained, protected, and supplemented;

6.

The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;

7.

Disturbed soil shall be stabilized as quickly as practicable;

8.

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

9.

Permanent vegetation and structural erosion control practices shall be installed as soon as practicable;

10.

To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et seq.;

11.

Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;

12.

Cuts and fills may not endanger adjoining property;

13.

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

14.

Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;

15.

Land-disturbing activity plans for erosion, sedimentation, and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Subsection 15.5.3.B.2.

16.

Except as provided in Paragraphs 17. and 18. of this subsection, there is established a twenty-five (25) feet buffer along the banks of all State waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term "ephemeral stream" means a stream that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least twenty-five (25) feet established pursuant to Part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within twenty-five (25) degrees of perpendicular to the stream; cause a width of disturbance of not more than fifty (50) feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (a) stream crossings for water lines; or (b) stream crossings for sewer lines; and

17.

There is established a fifty-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any State waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of twenty-five (25) gallons per minute or less shall have a twenty-five-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

a.

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within twenty-five (25) degrees of perpendicular to the stream; cause a width of disturbance of not more than fifty (50) feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (a) stream crossings for water lines; or (b) stream crossings for sewer lines; and

18.

There is established a twenty-five (25) feet buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of this title, the "Coastal Marshlands Protection Act of 1970," and the rules and regulations promulgated thereunder, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where an alteration within the buffer area has been authorized pursuant to O.C.G.A. § 12-5-286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, where a drainage structure or roadway drainage structure is constructed or maintained; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, on the landward side of any currently serviceable shoreline stabilization structure, or for the maintenance of any manmade storm-water detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. For the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope, or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction.

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; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat; and

b.

The buffer shall not apply to crossings for utility lines that cause a width of disturbance of no more than fifty (50) feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.

c.

The buffer shall not apply to any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented or any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a twenty-five-foot buffer would consume at least eighteen percent (18%) of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented.

d.

Activities where the area within the buffer is not more than five hundred (500) square feet or that have a "minor buffer impact" as defined in EPD Rule 391-3-7-.01(r), provided that the total area of buffer impacts is less than five thousand (5,000) square feet are deemed to have an approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under the variance by rule and notification shall be made to the division at least fourteen (14) days prior to the commencement of land-disturbing activities.

D.

Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Subsections B. and C. of this section.

E.

The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this chapter or the terms of the permit.

A.

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

B.

Application Requirements.

1.

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the city without first obtaining a permit from the City 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 city 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 C. of this section. 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 Subsections 15.5.3.B. and C. will be met. Applications for a permit will not be accepted unless accompanied by five (5) 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 (5) subsection (a) of O.C.G.A. § 12-5-23, provided that such fees shall not exceed eighty dollars ($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 subsection (a) of O.C.G.A. § 12-7-8 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 paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

4.

Immediately upon receipt of an application and plan for a permit, the local issuing authority shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The district shall approve or disapprove a plan within thirty-five (35) days of receipt. Failure of the district to act within thirty-five (35) days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the local issuing authority. No permit will be issued unless the plan has been approved by the district, and any variances required by Subsections 15.5.3.C.16., 17., and 18. have been obtained, all fees have been paid, and bonding, if required as per Subsection 15.5.4.B.6., have been obtained. Such review will not be required if the local issuing authority and the district have entered into an agreement which allows the local issuing authority to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within thirty-five (35) days of receipt. Failure of the local issuing authority with plan review authority to act within thirty-five (35) days shall be considered an approval of the revised plan submittal.

5.

If a permit applicant has had two (2) or more violations of previous permits, this section, or the Erosion and Sedimentation Act, as amended, within three (3) 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, three thousand dollars ($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 Subsections 15.5.3.B. and C., 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 chapter. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures, including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

2.

Data required for site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

D.

Permits.

1.

Permits shall be issued or denied as soon as practicable, but in any event not later than forty-five (45) days after receipt by the 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.

2.

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 chapter, any variances required by Subsections 15.5.3.C.16., 17., and 18. are obtained, bonding requirements, if necessary, as per Subsection 15.5.4.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.

3.

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

4.

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

5.

The permit may be suspended, revoked, or modified by the 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 chapter. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

6.

The LIA may reject a permit application if the applicant has had two (2) or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three (3) years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1).

A.

The city 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 chapter, 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/she shall be deemed in violation of this chapter.

B.

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

C.

The city shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this chapter, 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 ninety (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 ninety (90) days after notification by the division, the division shall revoke the certification of the county or municipality as a local issuing authority.

A.

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

B.

Stop-Work Orders.

1.

For the first and second violations of the provisions of this chapter, the director or the local issuing authority shall issue a written warning to the violator. The violator shall have five (5) days to correct the violation. If the violation is not corrected within five (5) days, the director 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; provided, however, that, if the violation presents an imminent threat to public health or waters of the State or if the land-disturbing activities are conducted without obtaining the necessary permit, the director or the local issuing authority shall issue an immediate stop-work order in lieu of a warning;

2.

For a third and each subsequent violation, the director or the local issuing authority shall issue an immediate stop-work order;

3.

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

4.

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his or her designee, have been or are being discharged into State waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the local issuing authority or by the director or his or her designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

C.

Bond Forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he/she shall be deemed in violation of this chapter and, in addition to other penalties, shall be deemed to have forfeited his/her performance bond, if required to post one (1) under the provisions of Subsection 16.5.4.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.

1.

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

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 (1) 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 chapter.

D.

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

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 city council within thirty (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 Henry County.

A.

Effectivity. This chapter shall become effective with the adoption of the ordinance.

B.

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

C.

Liability.

1.

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

3.

No provision of this chapter 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.

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

For this chapter, the terms below shall have the following meanings:

"Administrator" means the person appointed to administer, implement, and enforce the provisions of this chapter in accordance with Subsection 15.4.4.

"Applicant" means a person submitting a land development application for approval.

"Best management practice (BMP)" means both structural devices to store or treat stormwater runoff and non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the State of Georgia.

"BMP landscaping plan" means a design for vegetation and landscaping that is critical to the performance and function of the BMP, including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific).

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

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

"Detention facility" means a structure designed for the storage and gradual release of stormwater runoff at controlled rates.

"Development" means new development or redevelopment.

"Extended detention" means the storage of stormwater runoff for an extended period of time.

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

"Flooding" means a volume of surface water that exceeds the banks or walls of a BMP, or channel; and overflows onto adjacent lands.

"GSMM" means the latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical Handbook, and its appendices.

"Hotspot" means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use.

"Impervious surface" means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into the soil.

"Industrial stormwater general permit" means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies onsite pollution control strategies based on Standard Industrial Classification (SIC) Code.

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

"Inspection and maintenance agreement" means a written agreement providing for the long-term inspection, operation, and maintenance of the stormwater management system and its components on a site.

"Land development application" means the application for a land development permit on a form provided by the City of Stockbridge along with the supporting documentation required in Subsection 15.6.10.

"Land development permit" means the authorization necessary to begin construction-related, land-disturbing activity.

"Land disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into State water or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, and filling of land. Land disturbing activity does not include agricultural practices as described [in] O.C.G.A. § 12-7-17(5) or silvicultural activities as described [in] O.C.G.A. § 12-7-17(6) within areas zoned for these activities.

"Linear feasibility program" means a feasibility program developed by the City of Stockbridge and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when it would be infeasible to implement stormwater management standards for linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies.

"Linear transportation projects" means construction projects on traveled ways, including, but not limited to, roads, sidewalks, multi-use paths and trails, and airport runways and taxiways.

"MS4 permit" means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the City of Stockbridge's municipal separate storm sewer system.

"New development" means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site.

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

"Overbank flood protection" means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain).

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

"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, City, county or other political subdivision of the State, any interstate body or any other legal entity.

"Post-construction stormwater management" means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan.

"Post-development" means the conditions anticipated to exist on site immediately after completion of the proposed development.

"Practicability policy" means the latest edition of the Metropolitan North Georgia Water Planning District's Policy on Practicability Analysis for Runoff Reduction.

"Pre-development" means the conditions that exist on a site immediately before the implementation of the proposed development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time before the first item being approved or permitted shall establish pre-development conditions.

"Pre-development hydrology" means:

1.

For new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and

2.

For redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property.

"Previously developed site" means a site that has been altered by paving, construction, and/or land disturbing activity.

"Redevelopment" means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling.

"Routine maintenance" means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

"Runoff." See definition for "stormwater runoff."

"Site" means an area of land where development is planned, which may include all or portions of one (1) or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit.

"Stormwater concept plan" means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan, including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design.

"Stormwater management plan" means a plan for post-construction stormwater management at the site that meets the requirements of Subsection 15.6.8.D. and is included as part of the land development application.

"Stormwater management standards" means those standards set forth in Subsection 15.6.7.

"Stormwater management system" means the entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.

"Stormwater runoff" means flow along the surface of the ground, resulting from precipitation.

"Subdivision" means the division of a tract or parcel of land resulting in one (1) or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

Other terms used but not defined in this chapter shall be interpreted based on how such terms are defined and used in the GSMM and the City of Stockbridge's MS4 permit.

A.

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

B.

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

C.

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

The city manager of the City of Stockbridge or designee may from time to time appoint an administrator to administer, implement, and enforce this chapter.

This chapter applies to the following activities:

A.

New development that creates or adds five thousand (5,000) square feet or greater of new impervious surface area or that involves land disturbing activity of one (1) acre of land or greater;

B.

Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or replaces five thousand (5,000) square feet or greater of new impervious surface area or that involves land disturbing activity of one (1) acre or more.

C.

New development and redevelopment if:

1.

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

2.

The sum of all associated impervious surface area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceeds the thresholds in Subsections A. and B. above;

D.

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

E.

Linear transportation projects that exceed the thresholds in Subsections A. and B. above.

This chapter does not apply to the following activities:

A.

Land disturbing activity conducted by local, State, authority, or Federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs;

B.

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

C.

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

D.

Repairs to any stormwater management system deemed necessary by the administrator;

E.

Agricultural practices as described O.C.G.A. § 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsection 16.6.5.A. or B.;

F.

Silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsections 15.6.5.A. or B.;

G.

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

H.

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

Subject to the applicability criteria in Subsections 15.6.5 and exemptions in Subsection 15.6.6, the following stormwater management standards apply. Additional details for each standard can be found in the GSMM 2.2.2.2:

A.

Design of Stormwater Management System. The design of the stormwater management system shall be in accordance with the applicable sections of the GSMM as administered by the administrator. Any design which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

B.

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

1.

Topography (minimum of two-feet contours) and steep slopes (i.e., areas with slopes greater than fifteen percent (15%);

2.

Natural drainage divides and patterns;

3.

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

4.

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

5.

Predominant soils (including erodible soils and karst areas); and

6.

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

C.

Better Site Design Practices for Stormwater Management. Stormwater management plans shall preserve the natural drainage and natural treatment systems and reduce the generation of additional stormwater runoff and pollutants to the maximum extent practicable. Additional details can be found in the GSMM 2.3.

D.

Stormwater Runoff Reduction/Water Quality. Stormwater runoff reduction/water quality shall be provided by using the following:

1.

For development with a stormwater management plan submitted before December 6, 2020, the applicant may choose either:

a.

Runoff reduction; or

b.

Water quality.

2.

For development with a stormwater management plan submitted on or after December 6, 2020, the applicant shall choose (a) runoff reduction and additional water quality shall not be required. To the extent (a) runoff reduction has been determined to be infeasible for all or a portion of the site using the practicability policy, then (b) water quality shall apply for the remaining runoff from a one and two-tenths-inch rainfall event and must be treated to remove at least eighty percent (80%) of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM.

a.

Runoff Reduction. The stormwater management system shall be designed to retain the first one (1) inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable.

b.

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

3.

If a site is determined to be a hotspot as detailed in Subsection 15.6.5, the City of Stockbridge may require the use of specific or additional components for the stormwater management system to address pollutants of concern generated by that site.

E.

Stream Channel Protection. Stream channel protection shall be provided by using all of the following three (3) approaches:

1.

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

2.

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

3.

Preservation of any applicable stream buffer.

F.

Overbank Flood Protection. Downstream overbank flood protection shall be provided by controlling the post-development peak discharge rate to the pre-development rate for the twenty-five-year, twenty-four-hour storm event.

G.

Extreme Flood Protection. Extreme flood protection shall be provided by controlling and/or safely conveying the one-hundred-year, twenty-four-hour storm event such that flooding and other damage are not exacerbated.

H.

Downstream Analysis. Due to peak flow timing and runoff volume effects, some structural components of the stormwater management system fail to reduce discharge peaks to pre-development levels downstream from the site. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises ten percent (10%) of the total drainage area in accordance with GSMM 3.1.9. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system.

I.

Stormwater Management System Inspection and Maintenance. The components of the stormwater management system that will not be dedicated to and accepted by the City of Stockbridge, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, shall have an inspection and maintenance agreement to ensure that they continue to function as designed. All new development and redevelopment sites are to prepare a comprehensive inspection and maintenance agreement for the onsite stormwater management system. This plan shall be written in accordance with the requirements in Subsection 15.6.16.

A.

Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Stockbridge. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM 2.4.2.4) or the stormwater concept plan (GSMM 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the City of Stockbridge when applying for a determination of infeasibility through the practicability policy.

B.

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

1.

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

2.

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

3.

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

C.

The stormwater concept plan shall contain:

1.

Common address and legal description of the site;

2.

Vicinity map; and

3.

Existing conditions and proposed site layout mapping and plans (recommended scale of one (1) inch equals fifty (50) feet), which illustrate at a minimum:

a.

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

b.

Perennial and intermittent streams;

c.

Mapping of predominant soils from USDA soil surveys;

d.

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

e.

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

f.

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

g.

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

h.

Preliminary estimates of unified stormwater sizing criteria requirements;

i.

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

j.

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

k.

Flow paths;

l.

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

m.

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

D.

The stormwater management plan shall contain the items listed in this part and be prepared under the direct supervisory control of either a registered professional engineer or a registered landscape architect licensed in the State of Georgia. Items 3., 4., 5., and 6. shall be sealed and signed by a registered professional engineer licensed in the State of Georgia. The overall site plan must be stamped by a design professional licensed in the State of Georgia for such purpose (GSMM 2.4.2.7).

1.

Natural resources inventory.

2.

Stormwater concept plan.

3.

Existing conditions hydrologic analysis.

4.

Post-development hydrologic analysis.

5.

Stormwater management system.

6.

Downstream analysis.

7.

Erosion and sedimentation control plan.

8.

BMP landscaping plan.

9.

Inspection and maintenance agreement.

10.

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

11.

Determination of infeasibility (if applicable).

E.

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

1.

As-built drawings.

2.

Hydrology reports.

3.

Current inspection of existing stormwater management structures with deficiencies noted.

4.

BMP landscaping plans.

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

Land development applications are handled as part of the process to obtain the land disturbance permit pursuant to Subsection 15.5.4. Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:

A.

File a land development application with the City of Stockbridge with the following supporting materials:

1.

The stormwater management plan prepared in accordance Subsection 15.6.8.D.;

2.

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

3.

A preliminary determination of infeasibility, as applicable, prepared in accordance with the practicability policy; and

4.

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

B.

The director shall inform the applicant whether the application and supporting materials are approved or disapproved.

C.

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

D.

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

All development shall be:

A.

Consistent with the approved stormwater management plan and all applicable land disturbance and building permits; and

B.

Conducted only within the area specified in the approved stormwater management plan.

No changes may be made to an approved stormwater management plan without review and advanced written approval by the administrator.

Periodic inspections of the stormwater management system during construction shall be conducted by the staff of the City of Stockbridge or conducted and certified by a professional engineer who has been approved by the City of Stockbridge. Inspections shall use the approved stormwater management plan for establishing compliance. All inspections shall be documented with written reports that contain the following information:

A.

The date and location of the inspection;

B.

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

C.

Variations from the approved stormwater management plan; and

D.

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

Upon completion of the development, the applicant is responsible for:

A.

Certifying that the stormwater management system is functioning properly and was constructed in conformance with the approved stormwater management plan and associated hydrologic analysis;

B.

Submitting as-built drawings showing the final design specifications for all components of the stormwater management system as certified by a professional engineer;

C.

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

D.

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

The required certification under Subsection A. shall include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the City of Stockbridge with the request for a final inspection. The City of Stockbridge shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.

Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to Subsection 16.5.4. To address a violation of this chapter, the City of Stockbridge shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including, without limitation, the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in Subsection 15.5.5.A., Inspection and Enforcement of LDP, and 15.5.6, Penalties and Incentives for Violations of LDP process.

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

A.

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

B.

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

C.

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

1.

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

2.

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

The terms of the inspection and maintenance agreement shall provide for the City of Stockbridge's right-of-entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the City of Stockbridge shall have the right to enter and make.

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

A.

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

B.

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

The city council makes the following findings:

A.

Given the needs, goals, program priorities and funding opportunities identified in the professional engineering and financing analysis, it is appropriate to authorize the formation of an organizational and accounting entity dedicated specifically to the management, maintenance, protection, control, regulation, use and enhancement of stormwater systems in the city in concert with other water resource management programs.

B.

Stormwater management is applicable and needed throughout the corporate limits of Stockbridge.

C.

The stormwater needs in the city include, but are not limited to, protecting the public health, safety and welfare. Provision of stormwater management programs and facilities renders and/or results in both service and benefit to all properties, property owners, citizens and residents of Stockbridge in a variety of ways as identified in the professional engineering and financial analysis.

D.

The city presently owns and operates stormwater management systems and facilities which have been developed over many years. The future usefulness of the existing stormwater systems owned and operated by the city, and of additions and improvements thereto, rests on the ability of the city to effectively manage, protect, control, regulate, use and enhance stormwater systems and facilities in Stockbridge in concert with the management of other water resources in the city. In order to do so, the city must have adequate and stable funding for its stormwater management program operating and capital investment needs.

A.

There is hereby established a stormwater management utility within the Stockbridge utility department which shall be responsible for stormwater management throughout the city's corporate limits, and shall provide for the management, protection, control, regulation, use and enhancement of stormwater systems and facilities. Such utility shall be under the direction of a stormwater utility director.

B.

The city manager and city clerk shall establish a stormwater enterprise fund in the city budget and accounting system, separate and apart from its general fund, for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the utility, including, but not limited to, rentals, rates, charges, fees and licenses as may be established by the city council. All revenues and receipts of the stormwater utility shall be deposited promptly upon receipt into the stormwater enterprise fund, to be held and invested in trust for the purposes dedicated, and expended exclusively for purposes of the utility, including capital project construction. No other funds of the city shall be deposited in the stormwater enterprise fund or commingled with dedicated stormwater revenues, except that other revenues, receipts and resources not accounted for in the stormwater enterprise fund, including, but not limited to, grants, transfers of city funds, loans and bond proceeds may be combined with and applied to stormwater management capital projects as deemed appropriate by the city council, upon recommendation of the city manager.

C.

The city council hereby transfers to the stormwater utility director operational control over the existing stormwater management systems and facilities owned and heretofore operated by the city and other related assets, including, but not limited to, properties upon which such facilities are located, easements, rights-of-entry and access and certain equipment.

"Credit" means a conditional reduction in the amount of a stormwater service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or the provision of a service or activity by property owner, which system, facility, service or activity reduces the stormwater utility's cost of providing stormwater services and facilities. Credits for on-site stormwater systems shall be generally proportional to the affect that such systems have on the peak rate of runoff from the site.

"Customers of the stormwater management utility" includes all persons, properties and entities served by and/or benefiting from the utility's acquisition, management, maintenance, extension and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities and activities related thereto, and persons, properties and entities which will ultimately be served or benefited as a result of the stormwater management program.

"Detached dwelling unit" means developed land containing one (1) structure which is not attached to another dwelling and which contains one (1) or more bedrooms, with a bathroom and kitchen facilities, designed for occupancy by one (1) family. Detached dwelling units may include houses, manufactured homes and mobile homes located on one (1) or more individual lots or parcels of land. Developed land may be classified as a detached dwelling unit despite the presence of incidental structures associated with residential uses such as garages, carports or small storage buildings, or the presence of a commercial use within the dwelling unit so long as such use does not result in additional impervious areas such as parking spaces, playgrounds or structures or additions to the building which are used as offices, storage facilities, meeting rooms, classrooms, houses of worship or similar non-residential uses. Detached dwelling unit shall not include developed land containing: structures used primarily for non-residential purposes, manufactured homes and mobile homes located within manufactured home or mobile home parks where the land is owned by others than the owners of the manufactured homes or mobile homes or multiple dwelling unit residential properties.

"Developed land" means all real property altered from its natural state by grading, paving, compaction, construction of structures, impervious services or drainage works so that hydrologic response of the property is changed from that which would occur in the natural undeveloped condition.

"Duplexes and triplexes" means developed land containing two (2) (duplex) or three (3) (triplex) attached residential dwelling units located on one (1) or more parcels of land.

"Equivalent runoff unit (ERU)" is defined to serve as a reference point for comparing dissimilar properties and attaining an equitable distribution of the cost of services and facilities through a stormwater management service charge. The equivalent runoff unit in Stockbridge has been determined through engineering and analysis to include two (2) primary parameters with the following metrics: (1) one (1) acre of gross area, and (2) two thousand (2,000) square feet of impervious area. These units will be used to determine and compute the service charge for all properties within the city.

"Hydrologic response" of a property is the manner and means whereby stormwater collects, remains, infiltrates and is conveyed from a property. It is dependent on several factors including, but not limited to, the presence of impervious area; the size, shape, topographic, vegetative and geologic conditions of a property; antecedent moisture conditions; and groundwater conditions on a property.

"Impervious" means not allowing the passage of water through the surface on the ground or ground covering or a substantial reduction in the capacity for water to pass through the surface of the ground or ground covering as it would under natural conditions. The following types of surfaces will be considered "impervious" for purposes of the stormwater utility: the projected area of buildings; asphalt-, concrete-, brick- or stone-paved areas; improved vehicular drives and parking areas; compacted gravel and soil surfaces; fabric or plastic coverings; and other surfaces that prevent or impede the natural infiltration of stormwater runoff or that change the hydrologic response of the property that existed prior to development.

"Multiple dwelling unit residential properties" means developed land whereon four (4) or more attached residential dwelling units are located and shall include, but not be limited to, apartment houses, condominiums, town homes, attached single-family homes, boarding houses, group homes, hotels and motels, retirement centers and other structures in which four (4) or more family groups commonly and normally reside or could reside. In the application of stormwater service charge rates, multiple dwelling unit properties shall be treated as other developed lands.

"Other developed land" means, but shall not be limited to, multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs and water and wastewater treatment plants.

"Service charges" means the periodic rate, fee or charge applicable to a parcel of land, which charge shall be reflective of the service provided by the city stormwater utility. Service charges are based on measurable parameters which influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of land. The use of impervious area as a service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat rate charges for one (1) or more classes of similarly situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater service charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management of that property, including, but not limited to, charges for development plan review, inspection of development projects and on site stormwater control systems and enhanced level of stormwater services above those normally provided by the city.

"Stormwater management systems" includes facilities, operations and programs that address the issues of drainage management (flooding) and environmental quality (pollution, erosion and sedimentation) of receiving rivers, streams, creeks, lakes, ponds and reservoirs through improvements, maintenance, regulation and funding of plants, works, instrumentalities and properties used or useful in the collection, retention, detention and treatment of stormwater or surface water drainage.

"Undeveloped land" means land in its unaltered natural state or which has been notified to such minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have no pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate or flow in a manner materially different than that which would occur if the land was in an unaltered natural state.

A.

The stormwater management utility shall be responsible for stormwater management throughout the corporate limits of the city government. The utility shall provide for the conservation, management, protection, control, use and enhancement of stormwater through planning, acquisition, construction, installation, management, operation, maintenance, regulation, extension and improvement of the public stormwater systems to collect, control, convey, store, detain, retain, recharge and treat stormwater and through regulation of stormwater management systems on private property. It shall be the long-term objective of the city to provide a comparable and consistent level of stormwater service to similarly situated properties throughout the service area.

B.

The city stormwater system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or man made, within the political boundaries of the City of Stockbridge which control and/or convey stormwater through which the city intentionally diverts surface waters from its public streets and properties. The city owns or has legal access for purposes of operation, maintenance and improvements to those segments of this system which:

1.

Are located within public streets, rights-of-way and easements;

2.

Are subject to easements, rights-of-entry, rights-of-access, rights-of-use or other permanent provisions for adequate access for operation, maintenance and/or improvement of systems and facilities; or

3.

Are located on public lands to which the city has adequate access for operation, maintenance and/or improvement of systems and facilities.

C.

Operation and maintenance of stormwater systems and facilities which are located on private property or public property not owned by the city and for which there has been no public dedication of such systems and facilities for operation, maintenance and/or improvement of the systems and facilities shall be and remain the legal responsibility of the property owner, or its occupant, or the homeowner's association in the case of a development, except as that responsibility may be otherwise affected by the laws of the State of Georgia and/or the United States of America. Where no dedication has been made and a private individual, entity or homeowner's association becomes responsible for the maintenance of a facility or pond following the expiration of the developer's four-year maintenance bond, an easement in favor of the city shall be required. If, at any time, a responsible party fails to maintain a stormwater facility or pond in the manner contemplated by the city in Chapter 15.6, and specifically subsection 15.6.14, then the city will act to maintain the facility or pond in a manner provided for under Chapter 15.6. The private party shall remain responsible for all costs incurred for that maintenance provided by the city. For the purpose of the city's conducting such maintenance activities all final subdivision plats that contemplate stormwater facilities or ponds shall provide for, at minimum, a thirty-foot gravel easement from the existing public roadway to the detention facility or pond.

D.

It is the intent of the ordinance codified in this chapter to protect the public health, safety and general welfare of all properties and persons in general, but not to create any special duty or relationship with any individual person or to any specified property within or without the boundaries of the City of Stockbridge. The city expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the city, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created. To the extent any permit, plan approval, inspection or similar act is required by the city as a condition precedent to any activity by or upon property not owned by the city, pursuant to the ordinance codified in this chapter or any other regulatory ordinance, regulation or rule of the city or under Federal or State law, the issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money damages against the city, its officers, employees or agents.

A.

The appropriate and efficacious management of the stormwater management system by the city on behalf of all its citizens and in compliance with applicable State and Federal law places necessary and appropriate obligations on private property owners as well. All property owners and developers of developed real property within the city shall provide, manage, maintain and operate on-site stormwater systems sufficient to collect, convey, detain and discharge stormwater in a safe manner consistent with all city development regulations and the laws of the State of Georgia and the United States of America following the expiration of any existing maintenance bond by a builder or developer. The city shall have the right, pursuant to the authority of the ordinance codified in this chapter, for its designated officers and employees to enter upon private and public property owned by entities other than the city, upon reasonable notice to the owner thereof, to inspect the property and conduct surveys and engineering tests thereon in order to assure compliance, as well as to conduct maintenance that has not been properly conducted as contemplated by the city's Code.

B.

Any failure to meet the obligations set forth in this chapter shall constitute a nuisance and be subject to an abatement action filed by the city in the municipal court. In the event a public nuisance is found by the court to exist, which the owner fails to properly abate within such reasonable time as allowed by the court, the city may enter upon the property and cause such work as is reasonably necessary to be performed pursuant to the guidelines set out in the city Code.

C.

The property owners that are serviced by stormwater facilities and the titleholder to the property upon which the stormwater facilities are located shall be responsible for the continued maintenance and payment of all expenses incurred for the operation, maintenance and repair of facilities.

State Law reference— O.C.G.A. § 9-12-81(b).

A.

It shall be the policy of the city that funding for the stormwater utility is equitably derived through methods that have demonstrable relationships to the varied demands and costs imposed on the stormwater systems and programs and/or the level of service provided as a result of the provision of stormwater services and facilities.

B.

Service charges for stormwater management shall be fair and reasonable and shall bear a substantial relationship to the cost of providing services and facilities. The cost of stormwater services and facilities may include administrative, operating, capital investment, debt service, engineering and planning and reserve expenses, and may also include related regulatory expenses associated with watershed management requirements. Properties shall be charged rentals, rates, charges, fees or licenses in proportion to their related cost of service impact.

C.

Service charge rates shall be designed to be consistent and coordinated with the use of other funding methods employed for stormwater management by the city, whether within or outside the stormwater utility, including, but not limited to, plan review and inspection fees, special fees for services, fees in lieu of regulatory requirements, impact fees, system development charges and special assessments.

Stormwater service charges shall accrue beginning January 1, 2022, and shall be billed periodically thereafter to customers, except as specific exemptions and credits may apply.

A.

There are hereby established stormwater management utility service charges that shall be billed to all properties in the Stockbridge service area, except as specific exemptions or credits may allow for in the ordinance codified in this chapter or shall allow in future ordinances or amendments to this chapter. The stormwater management utility service charges may, but are not required to, include a service rate charge applied to each property. The service rate charge, if applied, shall be related generally to the amount and quality of runoff discharged to the public stormwater systems and stormwater receiving waters and to the costs of services associated with stormwater management. The service charge may also include a base rate charge for certain costs of service common to all stormwater management accounts, and/or special service charges to persons, entities or properties that require services and/or facilities not commonly needed by all persons, entities or properties.

B.

The service rate charge, if applied, shall be reflective of the cost of providing services and facilities to properly control stormwater runoff quantity and quality. The three (3) most important factors in the city's present cost of providing stormwater management services and facilities to individual properties are:

1.

The size of each property;

2.

The amount of impervious area on each property; and

3.

The number of parcels in the service area.

C.

A base rate charge, if applied, shall be structured to recover those stormwater management costs of service that are not related to the size of individual properties or the amount of impervious area on individual properties, and may include, but are not limited to, the cost of billing and accounting for service charges to each account and other administrative and overhead expenses.

D.

Special service charges, if applied, shall be structured to recover the cost of providing to certain persons, entities and properties types or levels of stormwater management services that are not commonly required by all stormwater service charge ratepayers. Such services may include, but are not limited to, private development plan review and inspection, site inspections to verify the operational condition of on-site stormwater management systems, such as private detention/retention and conveyance facilities, monitoring and mitigative activities related to conditions on individual properties that impact water quality and actions to abate conditions on private properties that do not comply with adopted city standards and/or that interfere with proper stormwater management and have been determined to constitute a public nuisance.

E.

The professional engineering and management analysis conducted for the city determined that properties within the city service area classified as single-family residential property can be equitably and fairly charged based on a two-tier grouping according to the number of ERUs and parcel area. This method greatly simplified the computation of charges and reduces significantly the costs associated with individually unique parcel measurements. Tier 1 properties in this class are all parcels up to ten thousand (10,000) square feet in size; Tier 2 properties are parcels greater than ten thousand (10,000) square feet in size. Tier 1 parcels are assessed one (1) ERU, and Tier 2 parcels are assessed two (2) ERUs. The mayor and city council hereby adopt these values as representative of the conditions of single-family residential property in Stockbridge. These values shall serve as the basis on which service rate charges will be calculated. Each single-family residential property shall be billed a stormwater service rate charge for the number of ERUs and the whole number of acres of parcel area. Tier 1 and Tier 2 parcels are assigned an acreage charge based on the actual acreage to the next whole integer.

F.

Properties classified as nonresidential shall be billed on the basis of the number of ERUs and acres calculated to exist. Each acre or fraction thereof and ERU or fraction thereof shall be charged a service rate charge at the rate per ERU of impervious area and each acre unit as defined below.

G.

The method of calculating the service rate charge for all properties shall be as follows:

Parcel Fee = (IR) x (ERUs) + (AR) x (AU) + (AF)

IR is the impervious area rate as established by this chapter or by amendment to this chapter. It is applied to the number of ERUs rounded to the next whole number. An ERU is defined as two thousand (2,000) square feet of impervious area.

AR is the gross area rate as established by this chapter or by amendment to this chapter. It is applied to the number of acre units (AUs) in the parcel rounded to the next whole acre.

AF is the administrative cost factor established by this chapter or by amendment to this chapter. The AF is applied as a fixed uniform flat charge to each parcel.

H.

The annual IR per ERU for the service rate charge applicable to each property shall be fifteen dollars and seventy cents ($15.70) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance.

I.

The annual AR per AU for the service rate charge applicable to each property shall be zero dollars ($0.00) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance.

J.

The annual base rate charge AF per each billed account shall be three dollars and sixty-six cents ($3.66) unless changed hereafter by ordinance.

Except as provided in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exception, credit, offset or other reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities. A stormwater utility service charge credit technical manual will be prepared by the city's consulting engineers specifying the design and performance standards of on-site systems, facilities, activities and services which quality application of a service charge credit, and how such credits shall be calculated. This manual will be separately approved by the city council and, by reference, incorporated herein.

A.

Undeveloped land as defined in this chapter shall be exempt from stormwater service charges.

B.

Developed land other than individual detached dwelling units, including, but not limited to, multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, public streets, roads, alleys and byways, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs and water and wastewater treatment plants may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit may be up to one hundred percent (100%) of the service charge applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services and activities provided, operated and maintained by the property owner reduce or mitigate the stormwater utility's cost of providing services and facilities.

C.

Groups of detached dwelling units represented by an incorporated homeowner's association providing on-site systems, facilities, services or activities which reduce or mitigate the stormwater utility's cost of providing services and facilities may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit available to groups of detached dwelling units may be up to one hundred percent (100%) of the service charge applicable to the individual properties, and shall be proportional to the extent that on site systems, facilities, services and activities provided, operated and maintained by the homeowners association reduce or mitigate the stormwater utility's cost of providing services and facilities.

D.

Any credit allowed against the service charge is conditioned on continuing compliance with the city's design and performance standards as stated in the stormwater utility service charge credit technical manual and/or upon continuing the provision of the systems, facilities, services and activities provided, operated and maintained by the property owner or owners upon which the credit is based. A credit may be revoked by the city at any time for noncompliance.

E.

In addition to the foregoing credits based upon the design and performance of on-site systems, an educational credit shall be available to all public and private schools or school systems which agree to teach the WATER WISE program, an environmental science curriculum approved by the Georgia Department of Education, in grades one (1) through twelve (12). The educational credit may be up to fifty percent (50%) of the service charge applicable to a school property, and shall be proportional to the extent the approved curriculum is taught. Educational credits may be taken in conjunction with any other credit available under this section. The superintendent of schools shall certify annually to the stormwater utility director, before August 1, the extent to which the curriculum was taught.

A.

Stormwater management utility service charges shall be billed and collected in the manner and at the interval deemed most efficient by the city and shall be payable in accordance with the rules and regulations of the city finance department as applied generally to all bills. A stormwater service charge bill may be sent through the United States mail or by an alternate means notifying the customer of the amount of the bill, the date the payment is due and the past due date. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land, as shown from public land records of Henry County, shall be ultimately obligated to pay such fee. If a customer is under billed or if no bill is sent, the city may back bill for a period of up to one (1) year, but shall not assess penalties for any delinquency. A one and one-half percent (1.5%) per month late charge shall be billed based on the unpaid balance of any stormwater management utility service charge that becomes delinquent.

B.

The stormwater service charge may be billed on a common statement and collected with other utility services through separate bills or any other method by which the city could bill property owners.

C.

Any stormwater management utility service charge or portion of a service charge not paid when due may be recovered in an action at law or equity by the city.

D.

In addition to any other remedies or penalties provided by the ordinance codified in this chapter or any other ordinance of the city, failure to pay any utility service charge when billed in conjunction with another utility bill may result in a discontinuance of any or all other utility services provided by the city or by other with whom contractual agreements provide for discontinuance of service for nonpayment. The owner of each property, building, premises, lot or house shall be obligated to pay such fee, which shall be enforceable by the city by action at law or equity.

E.

No lien shall be imposed for delinquent collections unless a judgment is first obtained from a court of competent jurisdiction.

F.

Suits for collection shall be commenced by the city in the county of the owner's residence; provided, however, if the owner is not a resident of this State, suit may be filed in the Superior or State Court of Henry County, Georgia. If a suit is instituted by the city for collection, the owner shall pay court costs, litigation expenses and reasonable attorney's fees incurred by the city.

G.

If suit is instituted for the collection of any fees due hereunder or for the enforcement of the provisions of this chapter, the owner shall pay the court costs, litigation expenses and reasonable attorney's fees associated therewith.

Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner:

A.

An appeal must be filed in writing with the city stormwater utility director within thirty (30) days of the action causing the appeal. In the case of service charge appeals, the appeal shall include a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area and any other features or conditions which influence the hydrologic response of the property to rainfall events.

B.

Based on the information provided, a technical review shall be conducted by the stormwater utility director of the stormwater management utility and a written determination will be issued within thirty (30) days of receipt of the appeal stating whether an adjustment to the service charge is appropriate and, if so, the amount of such adjustment. The written decision will be served on the appellant personally or by registered or certified mail, sent to the billing address of the appellant, or by email, sent to the email address of the appellant provided in the appeal.

C.

In response to an appeal, the stormwater utility director may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this chapter.

D.

A decision of the stormwater utility director which is adverse to an appellant may be further appealed to the city manager within thirty (30) days of receipt of notice of the adverse decision. Notice of the appeal shall be served on the city manager by the appellant, personally or by registered or certified mail, sent to the city manager of the City of Stockbridge at the business address of the city, stating the grounds for the appeal. The city manager shall issue a written decision on the appeal within thirty (30) days of receipt of the appeal. All decisions of the city manager shall be served on the appellant personally or by registered or certified mail, sent to the billing address of the appellant, or by email, sent to the email address of the appellant provided in the appeal.

E.

If the person or entity seeking adjustment or relief from the service charge desires, the decision of the city manager may be appealed in writing to the mayor and city council. Such appeals must be made within thirty (30) days of the decision of the city manager and include a written basis for the appeal. The decision of the mayor and city council shall be made within sixty (60) days of the submission of appeal by the applicant.

F.

This appeal process shall not interfere with the rights of the person or entity to seek judicial relief in a court of competent jurisdiction but shall be exhausted before judicial relief is pursued. Any appeal to the Superior Court of Henry County must be filed within thirty (30) days of the decision of the mayor and city council.

G.

Notices of the appeal and decisions shall be served personally or delivered by registered or certified mail to the address of record or delivered by or by email to the email address of the appellant provided in the appeal.

A.

Purpose and Intent. The purpose of this chapter is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the city's separate storm sewer system to the maximum extent practicable as required by Federal law. This chapter establishes methods for controlling the introduction of pollutants into the city's separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are to:

1.

Regulate the contribution of pollutants to the city's separate storm sewer system by any person;

2.

Prohibit illicit discharges and illegal connections to the city's separate storm sewer system;

3.

Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the city's separate storm sewer system; and

4.

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

B.

Applicability. The provisions of this chapter shall apply throughout the municipal boundaries of the city and to all discharges entering the city's storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

C.

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

D.

Responsibility for Administration. The authorized enforcement agency shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employment of the agency.

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

"Authorized enforcement agency" means employees or designees of the city manager designated to enforce the provisions of this chapter.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal or drainage from raw materials storage.

"City's separate storm sewer system" means any facility designed or used for collecting and/or conveying stormwater, including, but not limited to, any roads with drainage systems, highways, city streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man made or altered drainage channels, reservoirs and other drainage structures, and which is:

1.

Owned or maintained by the city;

2.

Not a combined sewer; and

3.

Not part of a publicly-owned treatment works.

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

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

"Hazardous materials" means any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

"Illegal connection" means either of the following:

1.

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

2.

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

"Illicit discharge" means any direct or indirect non-stormwater discharge to the city's separate storm sewer system, except as exempted in subsection 16.8.3.

"Industrial activity" means activities subject to NPDES Industrial Permits as defined in CFR 40, Section 122.26(b)(14).

"National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

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

"Person" means, except to the extent exempted from this chapter, any individual, partnership, organization, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other entity recognized by law and acting as either the owner or as the owner's agent.

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

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

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

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

"Storm drainage system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs and other drainage structures.

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

"Stormwater pollution prevention plan" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable.

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

"Wastewater" means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

"Watercourse" means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

"Waters of the United States" or "waters of the U.S." means:

1.

All waters which are currently used, were used in the past or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

2.

All interstate waters, including interstate "wetlands;"

3.

All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes or natural ponds the use, degradation or destruction of which would affect or could affect interstate or foreign commerce, including any such waters:

a.

Which are or could be used by interstate or foreign travelers for recreational or other purposes;

b.

From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

c.

Which are used or could be used for industrial purposes by industries in interstate commerce;

4.

All impoundments of waters otherwise defined as waters of the United States under this definition;

5.

Tributaries of waters identified in paragraphs 1. through 4. of this definition;

6.

The territorial sea; and

7.

"Wetlands" adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs 1. through 6. of this definition.

A.

Prohibition of Illicit Discharges. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the city's separate storm sewer system any pollutants or waters that cause or contribute to a violation of applicable water quality standards, other than stormwater.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

1.

The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing when performed by a governmental agency or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one (1) PPM chlorine), fire fighting activities and any other water source not containing pollutants;

2.

Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety;

3.

Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test; and

4.

The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge 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 storm drain system.

B.

Prohibition of Illegal Connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the city's separate 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 the connection.

2.

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

3.

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

4.

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the authorized enforcement agency 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 authorized enforcement agency.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with the provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the authorized enforcement agency prior to allowing discharges to the city's separate storm sewer system.

A.

Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

B.

Access to Facilities.

1.

The authorized enforcement agency shall be permitted to enter and inspect facilities at reasonable times subject to regulation under the provisions of this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to a low access to representatives of the authorized enforcement agency.

2.

Facility owners or operators shall allow the authorized enforcement agency ready access to all parts of the premises for the purposes of inspection, sampling, photographing, videotaping, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by State and Federal law.

3.

The authorized enforcement agency shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.

4.

The authorized enforce agency has the right to require the discharger to install monitoring equipment as necessary and make the monitoring data available to the authorized enforcement agency at the owner or operator's own expense. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

5.

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

6.

Unreasonable delays in allowing the authorized enforcement agency access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose or conducting any activity authorized or required by this chapter.

7.

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

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 non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the city's separate storm sewer system, State waters, or waters of the United States that 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.

The person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than twenty-four (24) hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three (3) business days of the phone call or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. That person shall also take immediate steps to ensure no recurrence of the discharge or spill.

C.

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

D.

Failure to provide notification of a release as provided above is a violation of the provisions of this chapter.

The authorized enforcement agency will adopt requirements identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contaminations of stormwater, the storm drain system, State waters or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the city's separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse.

A.

Violations.

1.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter 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 authorized enforcement agency 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 authorized enforcement agency is authorized to seek costs of the abatement as outlined in subsection E. of this section.

B.

Notice of Violation. Whenever the authorized enforcement agency finds that a violation of this chapter has occurred, the authorized enforcement agency may order compliance by written notice of violation that will be served on the alleged violator personally or by registered or certified mail, sent to the billing address of the alleged violator, or by email, sent to the email address of the alleged violator.

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 the ordinance codified in this chapter and a time schedule for the completion of such remedial action;

e.

A statement that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense shall be charged to the violator;

f.

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

g.

A statement that the determination of violation may be appealed to the authorized enforcement agency by filing a written notice of appeal within thirty (30) days of service of notice of violation.

2.

Such notice may require without limitation:

a.

The performance of monitoring, analyses and reporting;

b.

The elimination of illicit discharges and illegal connections;

c.

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

d.

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

e.

Payment of costs to cover administrative and abatement costs; and

f.

The implementation of pollution prevention practices.

C.

Appeal of Notice of Violation. Any person receiving a notice of violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received by the authorized enforcement agency within thirty (30) days from the date of the notice of violation. Hearing on the appeal before the mayor and city council shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the mayor and city council shall be final.

D.

Enforcement of 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 thirty (30) days of the decision of the mayor and city council upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any such property to refuse to allow the authorized enforcement agency or designated contractor to enter upon the property for the purposes set forth above.

E.

Costs of Abatement of the Violation. After abatement of the violation, the owner of the property will be notified in writing of the cost of abatement, including administrative costs within thirty (30) days. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within fifteen (15) days of such notice. If the amount due is not paid within thirty (30) days after receipt of notice, or if an appeal is taken, within thirty (30) days after a decision on the appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation.

F.

Civil Penalties.

1.

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 (10) days, or such greater period of time as designated in the notice of violation by the authorized enforcement agency as they shall deem appropriate, after the authorized enforcement agency has taken one (1) or more of the actions described above, the authorized enforcement agency may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

2.

Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated, or continues to violate, the provisions of this chapter, the authorized enforcement agency may petition the court for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

3.

Compensatory Action. In lieu of enforcement proceedings, penalties and remedies authorized by this chapter, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

G.

Criminal Penalties. Any person violating the terms of this chapter shall be punished in municipal court. Each day the violation continues shall be considered a separate offense.

H.

Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.

I.

Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

The standards set forth in this chapter and promulgated pursuant to the ordinance codified in this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants.

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

The ordinance codified in this chapter shall be in full force and effect after its final passage and adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

A.

The flood hazard areas of the City of Stockbridge are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B.

Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas.

C.

Effective floodplain management and flood hazard protection activities can:

1.

Protect human life and health;

2.

Minimize damage to private property;

3.

Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and

4.

Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public.

D.

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Stockbridge, Georgia, does ordain this chapter and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property.

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

A.

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

B.

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;

C.

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

D.

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

E.

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

F.

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

As used in this chapter:

"Addition" means any walled and roofed expansion to the perimeter or height of a building.

"Appeal" means a request for a review of the appointed official's interpretation of any provision of this chapter.

"Area of future-conditions flood hazard" means the land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (one hundred-year future conditions flood).

"Area of shallow flooding" means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard" means the land area subject to a one percent (1%) or greater chance of flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation designated as zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM).

"Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year, also known as the one hundred-year flood.

"Base flood elevation" means the highest water surface elevation anticipated at any given location during the base flood.

"Basement" means any area of a building having its floor subgrade below ground level on all sides.

"Building" has the same meaning as "structure."

"Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

"Elevated building" means a non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

"Existing construction" means any structure for which the start of construction commenced before June 2, 1987.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 2, 1987.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

"FEMA" means the Federal Emergency Management Agency.

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

1.

The overflow of inland or tidal waters; or

2.

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

"Flood insurance rate map" or "FIRM" means an official map of a community, issued by FEMA, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

"Flood insurance study" or "FIS" means the official report by FEMA providing an examination, evaluation and determination of flood hazards and corresponding flood profiles and water surface elevations of the base flood.

"Floodplain" or "floodprone area" means any land area susceptible to flooding.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodway" or "regulatory floodway" means the channel of a stream, river, or other watercourse and the adjacent areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

"Future-conditions flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the one hundred-year future-conditions flood.

"Future-conditions flood elevation" means the highest water surface elevation anticipated at any given location during the future-conditions flood.

"Future-conditions floodplain" means any land area susceptible to flooding by the future-conditions flood.

"Future-conditions hydrology" means the flood discharges associated with projected land use conditions based on a community's zoning map, comprehensive land use plans, and/or watershed study projections, and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a State inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

a.

By an approved State program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, 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 this chapter.

"Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when attached to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property. The term does not include a "recreational vehicle."

"Mean sea level" means the datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988.

"New construction" means any structure (see definition) for which the start of construction commenced after June 2, 1987, and includes any subsequent improvements to the structure.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 2, 1987.

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

"Permit" means the permit issued by the department designated by the city council to the applicant which is required prior to undertaking any development activity.

"Recreational vehicle" means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by light duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Site" means the parcel of land being developed, or the portion thereof on which the development project is located.

"Start of construction" means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank.

"Subdivision" means the division of a tract or parcel of land resulting in one (1) or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

"Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the improvement. The market value of the building means:

1.

The appraised value of the structure prior to the start of the initial repair or improvement; or

2.

In the case of damage, the value of the structure prior to the damage occurring.

This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the code enforcement official, and not solely triggered by an improvement or repair project.

"Substantially improved existing manufactured home park or subdivision" is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

"Variance" is a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

This chapter shall be applicable to all areas of special flood hazard within the City of Stockbridge.

The official designated by the mayor and city council is appointed to administer and implement the provisions of this chapter.

For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "future-conditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this chapter, the following documents and sources may be used for such purposes and are adopted by reference thereto:

A.

The flood insurance study ("FIS") dated March 3, 1976, with accompanying maps and other supporting data and any revision thereto are adopted by reference. (For those land areas acquired by a municipality through annexation, the current effective FIS and data for Henry County, dated November 2, 1983, with accompanying maps and other supporting data and any revision thereto are adopted by reference.)

B.

Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the one hundred-year floodplain and flood-prone areas include:

1.

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 of Stockbridge; or

2.

Any base flood study authored by a registered professional engineer in the State of Georgia which has been prepared by the Federal Emergency Management Agency ("FEMA") approved methodology and approved by the department designated by the Henry County Board of Commissioners.

C.

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

1.

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 of Stockbridge; or

2.

Any future-conditions flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMA-approved methodology and approved by the department designated by the Henry County Board of Commissioners.

D.

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the department designated by the Henry County Board of Commissioners.

The degree of flood protection required by this chapter 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 chapter 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 chapter shall not create liability on the part of the City of Stockbridge or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

No owner or developer shall perform any 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 chapter prior to commencing the proposed activity.

Unless specifically excluded by this chapter, any landowner or developer desiring a permit for a development activity shall submit to the department designated by the Henry County Board of Commissioners a permit application on a form provided by such department for that purpose.

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

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

A.

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

1.

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;

2.

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

3.

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

4.

Proposed locations of drainage and stormwater management facilities;

5.

Proposed grading plan;

6.

Base flood elevations and future-conditions flood elevations;

7.

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

8.

If applicable, the location of the floodway; and

9.

Certification of the above by a registered professional engineer or surveyor.

B.

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

1.

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

2.

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

3.

Certification that any proposed nonresidential floodproofed structure meets the criteria in subsection 15.9.19.B.;

4.

For enclosures below the base flood elevation, location and total net area of foundation openings as required in subsection 15.9.18.E.; and

5.

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

C.

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

D.

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

E.

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

F.

All appropriate certifications required under this chapter.

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 use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the department designated by the city 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 shall be provided after completion of construction, including final grading of the site. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for nonresidential structures, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The department designated by the Henry County Board of Commissioners shall review the above referenced certification data submitted. Deficiencies detected by such review shall be 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 by this chapter shall be caused to issue a stop-work order for the project.

Duties of the official designated by the city to administer this chapter shall include, but shall not be limited to:

A.

Review all development applications and permits to assure that the requirements of this chapter 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, but not limited to, Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334;

C.

When base flood elevation data or floodway data have not been provided, then the official designated by the city and/or his designee shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to meet the provisions of subsections D. and E. of this section;

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 floodproofed;

F.

When floodproofing is utilized for a nonresidential structure, the official designated by the Henry County Board of Commissioners and/or his designee shall obtain certification of design criteria from a registered professional engineer or architect;

G.

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

H.

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), the official designated by the Henry County Board of Commissioners and/or his designee shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps;

I.

All records pertaining to the provisions of this chapter shall be maintained in the department designated by the Henry County Board of Commissioners and shall be open for public inspection;

J.

Coordinate all FIRM revisions with the GA DNR and FEMA; and

K.

Review variance applications and make recommendations to the appointed board.

A.

Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available.

B.

For all streams with a drainage area of one hundred (100) acres or greater, the future-conditions flood elevations shall be provided by the department designated by the Henry County Board of Commissioners. If future-conditions elevation data is not available from the department designated by the Henry County Board of Commissioners, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the Henry County Board of Commissioners.

The width of a floodway shall be determined from the FIS or FEMA-approved flood study. For all streams with a drainage area of one hundred (100) acres or greater, the regulatory floodway shall be provided by the department designated by the city. If floodway data is not available from the department, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the city.

A.

No development shall be allowed within the future-conditions floodplain that could result in any of the following:

1.

Raising the base flood elevation or future-conditions flood elevation equal to or more than one-hundredth of one (0.01) foot;

2.

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

3.

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 development area; or

4.

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

B.

Any development within the future-conditions floodplain allowed under subsection B.1. of this section shall also meet the following conditions:

1.

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 either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel;

2.

Cut areas shall be stabilized and graded to a slope of no less than two percent (2%);

3.

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

4.

Verification of no-rise conditions (one-hundredth of one (0.01) foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of subsection 16.9.15;

5.

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

6.

Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision ("CLOMR") or conditional letter of map amendment ("CLOMA"), whichever is applicable. The CLOMR submittal shall be subject to approval by the department designated by the Henry County Board of Commissioners using the community consent 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 shall be the responsibility of the applicant. Within six (6) months of the completion of construction, the applicant shall submit as-built surveys for a final letter of map revision ("LOMR").

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/or floodways for which the provisions of subsection 15.9.21 apply. This study shall be prepared by a currently registered professional engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the department designated by the Henry County Board of Commissioners prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include:

A.

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

B.

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

C.

Floodplain storage calculations based on cross-sections (at least one (1) every one hundred (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

D.

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

Located within areas of special flood hazard are areas designated as floodway. 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:

A.

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway, except for activities specifically allowed in subsection B. of this section;

B.

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 shall not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof; and

C.

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

The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The department designated by the city may direct the property owner (at no cost to the City of Stockbridge) 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 designated by the Henry County Board of Commissioners.

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

A.

New construction of principal buildings (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of subsections 15.9.14, 16.9.15, and 15.9.16 have been met.

B.

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

C.

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

D.

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

E.

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

1.

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

a.

Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

b.

The bottom of all openings shall be no higher than one (1) foot above grade; and

c.

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

2.

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

3.

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

F.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three (3) feet above the base flood elevation or one (1) 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.

G.

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

H.

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

I.

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

J.

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

K.

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

L.

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

M.

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

N.

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 chapter.

O.

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

1.

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

2.

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

3.

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

The following provisions, in addition to those in subsection 15.9.18, shall apply:

A.

Residential Buildings.

1.

New Construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 15.9.14, 15.9.15, and 15.9.16 have been met. If all of the requirements of subsections 15.9.14, 15.9.15, and 15.9.16 have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsections 15.9.14, 15.9.15, and 15.9.16.

2.

Substantial Improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsections 15.9.14, 15.9.15, and 15.9.16.

B.

Nonresidential buildings.

1.

New Construction. New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of subsections 15.9.14, 15.9.15, and 15.9.16 have been met. If all of the requirements of subsections 15.9.14, 15.9.15, and 15.9.16 have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 15.9.18.E. New construction that has met all of the requirements of subsections 15.9.14, 15.9.15, and 15.9.16 may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) 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 registered 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 department designated by the Henry County Board of Commissioners using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

2.

Substantial Improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH zones, may be authorized by the director and/or his designee to be elevated or floodproofed. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 15.9.18.E. 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 (1) 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 registered 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 department designated by the city and/or its designee using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

C.

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 subsections 15.9.14, 15.9.15, and 15.9.16 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 15.9.18.E. and be anchored to prevent flotation, collapse or lateral movement of the structure.

D.

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

1.

Be on the site for fewer than one hundred eighty (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

2.

The recreational vehicle must meet all the requirements for residential buildings-substantial improvements (subsection A.2. of this section), including the anchoring and elevation requirements.

E.

Standards for Manufactured Homes.

1.

New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all requirements of subsections 15.9.14, 15.9.15, and 15.9.16 have been met. If all of the requirements of subsections 15.9.14, 16.9.15, and 15.9.16 have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 15.9.18.E.

2.

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

a.

The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or one (1) 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 thirty-six (36) inches in height above grade.

3.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with standards of subsection 16.9.18.G.

A.

Residential Buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 15.9.18.E.

B.

Nonresidential Buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one (1) foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection 15.9.18.E. Non-residential buildings may be floodproofed in lieu of elevation.

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 official designated by the Henry County Board of Commissioners and/or his designee shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a Federal, State, local or other source, in order to administer the provisions and standards of this chapter.

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

A.

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

B.

In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for floodprone enclosures in accordance with subsection 16.9.18.E.

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

A.

All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the flood depth number in feet specified on the flood insurance rate map ("FIRM"), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three (3) feet above the highest adjacent grade. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for floodprone enclosures in accordance with subsection 15.9.18.E;

B.

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 (1) 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 official designated by the Henry County Board of Commissioners and/or his designee using the FEMA floodproofing certificate along with the design and operation/maintenance plan; and

C.

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

A.

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.

B.

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.

C.

All subdivision plans will provide the elevations of proposed structures in accordance with subsection 15.9.09.

D.

All subdivision proposals shall be consistent with the need to minimize flood damage.

E.

All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and discharges from the systems into floodwaters.

F.

All subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce potential exposure to flood hazards.

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 chapter.

A.

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

B.

Any person adversely affected by any decision of the department designated by the city shall have the right to appeal such decision in accordance with procedures to be published in writing by the mayor and city council. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

C.

Any person aggrieved by the decision of the mayor and city council may appeal such decision to the Superior Court of Henry County, as provided in O.C.G.A. § 5-4-1.

D.

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

E.

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this section 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.

F.

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

G.

In reviewing such requests, the department designated by the city shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this chapter.

H.

Conditions for Variances.

1.

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause;

b.

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

c.

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

2.

The provisions of this chapter 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; and, in the instance of a historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

3.

Any person to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property and that such costs may be as high as twenty-five dollars ($25.00) for each one hundred dollars ($100.00) of insurance coverage provided.

4.

The department designated by the city shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

I.

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 department designated by the Henry County Board of Commissioners shall deem necessary to the consideration of the request.

J.

Upon consideration of the factors listed above and the purposes of this chapter, the department designated by the city may attach such conditions to the granting of variances as they deem necessary or appropriate, consistent with the purposes of this chapter.

K.

Variances shall not be issued "after the fact."

Any action or inaction which violates the provisions of this chapter 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. The imposition of any of the penalties described below shall not prevent such equitable relief.

If the department designated by the city and/or its designee 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 chapter, it shall issue a written notice of violation to such applicant or other responsible person by serving them personally or by registered or certified mail, sent to the address of the applicant or other responsible person, or by email, sent to the email address of the applicant or other responsible person. Where a person is engaged in activity covered by this chapter without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site by serving them personally or by registered or certified mail, sent to the address of the owner or other responsible person, or by email, sent to the email address of the owner or other responsible person.

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 chapter 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 as prescribed by the Henry County Board of Commissioners by filing a written notice of appeal within thirty (30) days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four-hours' notice shall be sufficient).

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 (1) 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 designated by the city shall first notify the applicant or other responsible person in writing of its intended action, by serving them personally or by registered or certified mail, sent to the address of the applicant or other responsible person, or by email, sent to the email address of the applicant or other responsible person, and shall provide a reasonable opportunity, of not less than ten (10) days (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four-hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the department designated by the city may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties:

A.

Stop-Work Order. The department designated by the city may issue a stop-work order which shall be served on the applicant or other responsible person. The stop-work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation 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.

B.

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

C.

Suspension, Revocation or Modification of Permit. The department designated by the city may suspend, revoke or modify the permit authorizing the 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 department designated by the city may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

D.

Civil Penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the department designated by the city shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four-hours' notice shall be sufficient) after the department designated by the city has taken one (1) or more of the actions described above, such department may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

E.

Criminal Penalties. For intentional and flagrant violations of this chapter, the department designated by the city may issue a citation to the applicant or other responsible person, requiring such person to appear in the municipal court of the City of Stockbridge to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

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