In order to provide for the health, safety, and welfare of the public and to continue to have a healthy economic climate, it is essential that adequate supplies of drinking water be ensured. Conflicts can arise in meeting this goal when development occurs within areas that are close to water supply reservoirs or the drainage areas supplying water to those reservoirs or to other sources of water. Land disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of streams, rivers, or reservoirs. Stormwater runoff from developed areas can introduce toxicants, nutrients, and sediments into drinking water supplies, making water treatment more complicated and expensive and rendering water treatment more complicated and expensive and rendering water resources unusable for recreation.

The purpose of the watershed protection district is to establish measures to protect the quality of the present and future water supply for Troup County; to minimize the transport of pollutants and sediment to a water supply; and to maintain the yield of the water supply watershed. This ordinance shall apply to the portions of the watersheds which occur within the jurisdiction of Troup County and are herein identified as water supply watersheds of West Point and Hogansville.

The following definitions are applicable only to the watershed protection district:

(1)

Buffer: A natural or enhanced vegetated area located adjacent to reservoirs or perennial streams within a water supply watershed.

(2)

Confined Animal Feeding Operation: A building or fenced enclosure designed and used for the holding or fattening of animals in preparation for market. It does not include pasturing animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses, one per 43,560 square feet (acre); cow, one per 43,560 square feet; sheep or goat, one per 20,000 square feet; fowl, 20 per 43,560 square feet.

(3)

Corridor: All land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed.

(4)

Improvement, Development or Single Development: Any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership.

(5)

Hazardous Material: Any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq.

(6)

Hazardous Waste: Includes those solid and liquid wastes or combinations thereof that may cause or contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness, or which pose a substantial threat to human health when improperly handled.

(7)

Impervious Surface: A manmade structure or surface that prevents the infiltration of stormwater into the ground below the structure or surface. Examples include buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

(8)

Land Disturbing Activity: Any operation that involves excavation or filling of land; clearing of vegetation; and construction, rebuilding, or alteration of an existing structure. Land disturbing activity does not include ordinary maintenance and landscaping activities; yard and grounds maintenance; individual home gardens; repairs or minor modifications to a single-family residence; or the cutting of firewood for personal use.

(9)

Large Quantity Generator of Hazardous Waste: Any person, corporation, partnership, association, or other legal entity that is defined as a "large quantity generator" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. and that is regulated by the State of Georgia under that section.

(10)

Natural Vegetated Area: An undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include:

a.

Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife.

b.

Outdoor recreational activities including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting, education, scientific research, and nature trails.

c.

Maintenance or repair of lawfully located roads, structures, and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized.

d.

Limited excavating, filling, and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above.

(11)

Nonconforming Use: A land use activity, building, or structure legally established prior to adoption of this article, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this article.

(12)

Overlay District: A district that applies supplementary regulations to land previously classified as belonging to a specific zoning district or land use category.

(13)

Perennial Stream: A stream which flows throughout the year, as indicated by a solid blue line on United States Geological Survey (USGS) seven-minute topographic series maps (scale of one to 24,000).

(14)

Reservoir Boundary: The edge of a reservoir, defined by its normal pool level.

(15)

Setback Measurements: Measured from the banks of any river, creek, stream, spring or body of water.

(16)

Surface Water: Any river, creek, stream, spring or body of water located within the district.

(17)

Toxin: Any chemical substance that has been defined as toxic by the Environmental Protection Department of the State of Georgia (E.P.D.), the Department of Agriculture of the State of Georgia (G.D.A.), or the Environmental Protection Agency of the United States (EPA).

(18)

Underground Water: Any water located underground in the district.

(19)

Utility: Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems, and railroads.

(20)

Water Supply Reservoir: An impoundment of water for the purpose of providing drinking water to one or more governmentally owned public drinking water systems.

(21)

Water Supply Watershed: The drainage area (watershed) of lands upstream of a governmentally owned public drinking water intake or water supply reservoir.

This article will create two zoning districts to be known as the West Point Watershed Protection District and Hogansville Watershed Protection District (hereinafter referred to as the "districts"). The West Point Watershed District and Hogansville Watershed District are hereby designated and shall comprise the land that drains to the water supply intake from the stream banks to the ridgeline of the West Point and Hogansville watersheds. The boundary of the watershed districts is defined by the ridgeline of the watershed within a radius of seven miles upstream of the water supply intake or by the political boundaries of Troup County within the watershed. All lands in the districts are within an area defined as a water quality critical area, pursuant to O.C.G.A. § 12-2-8. The boundary shall be set at places readily identifiable on the watershed district map. The watershed district overlies the Troup County zoning map which is hereby incorporated and made a part of this article by reference. The districts establish measures to protect the quality of the present and future water supply for Troup County. Because these protective measures allow some latitude with land uses and because the district is not intended to prescribe a specific land use but rather to define a range of acceptable land uses, the West Point and Hogansville Watershed Protection Districts are designed as overlay districts. Within the range of land uses which can be located within the districts, there are established in section 5 performance standards which apply to development within the districts.

Unless otherwise noted in the watershed district regulations, the regulations of the underlying zoning district shall be maintained and not affected.

All uses in the watershed districts are subject to the following conditions and performance standards:

(1)

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks and for a distance of 150 feet from the reservoir boundary of a water supply reservoir.

(2)

No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream as measured from the stream banks or within a 150-foot setback area from a reservoir boundary.

(3)

Septic tanks and the drainfields of septic tanks are prohibited within 150 feet of a stream bank or of a reservoir boundary.

(4)

Exemptions from buffer and setback requirements:

a.

Mining activities permitted by the Department of Natural Resources under the Surface Mining Act from the provisions of water supply watershed protection plans.

b.

Utilities from the stream corridor buffer and setback area provisions of water supply watershed protection plans in accordance with the following conditions if the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas:

1.

The activity shall be consistent with best management practices established by the Georgia Forestry Commission of the Georgia Department of Agriculture.

2.

The activity shall not impair the quality of the drinking water stream.

(5)

Site plans required. Except for the exemptions listed in subsection (7) below, all forms of development within the watershed districts shall be required to have a site plan prepared and approved according to this article before any building permits or other development related permits may be issued or any land disturbing activity may take place. Each site plan submitted under this article shall include the following:

a.

A site plan drawn to a scale and showing all planned improvements including the width, depth, and length of all existing and proposed structures, roads, watercourses, and drainageways; water, wastewater, and stormwater facilities; and utility installations.

b.

Location, dimensions, and area of all impervious surfaces, both existing and proposed, on the site.

c.

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

d.

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet.

e.

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials. Calculations of the amount of cut and fill proposed and cross sectional drawings showing existing and proposed grades in areas of fill or excavation. Elevations, horizontal scale, and vertical scale must be shown on cross sectional drawings.

(6)

Activities to comply with site plan. All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. Significant changes to the site plan, that would alter the amount and velocity of stormwater runoff from the site, increase the amount of provisions of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction, or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the Troup County building official. Minor changes such as realignment of streets, or minor alterations to drainage structures and other infrastructure, to meet unexpected conditions are exempted from this requirement.

(7)

Exemptions from site plan requirement. The following activities and developments are exempt from the requirement of detailed site plans:

a.

Single-family detached homes constructed within a subdivision of fewer than five parcels.

b.

Repairs to a facility that is part of a previously approved and permitted development.

c.

Construction of minor structures such as sheds, or additions to single-family residences.

d.

Agriculture and forestry. Normal agricultural activities including planting and harvesting of crops are exempted if they conform to best management practices established by the Georgia Department of Agriculture. Silvicultural activities must conform to best management practices established by the Georgia Forestry Commission.

e.

Mining activities. All mining activities permitted by the Georgia Department of Natural Resources under the Georgia Surface Mining Act are exempt.

Within the watershed districts the following limitations on permissible uses shall apply in addition to the regulations of the underlying zoning district:

(1)

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

(2)

New hazardous waste treatment or disposal facilities are prohibited.

(3)

New facilities which handle hazardous materials of the types and amounts determined by the Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources.

(4)

The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be based upon an assessment of the percentage of impervious surface present in the watershed district at the time of the adoption of this article. New impervious surface will be allowed up to the point where 25 percent of the watershed district as a whole is comprised of impervious surface.