The making of excessive, unnecessary or unusually loud noises are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the unincorporated areas of Walton County, Georgia; and the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of Walton County, Georgia, and its inhabitants.

Construction Waste and Hazardous Waste Control

The following rivers and streams are declared to be protected rivers and streams and are regulated under the provisions of this Section:

The Apalachee River

A.

The following greenways and setbacks are hereby established along the Apalachee River.

1.

Stream Greenway: The area extending a distance of one hundred (100) feet from the river. This area shall remain a natural and undisturbed buffer except as otherwise provided in this District, below.

2.

Stream Setback: No impervious surface shall be constructed within a distance of one hundred fifty (150) feet from the river.

3.

Facilities handling hazardous waste within a seven-mile radius of a water supply intake shall perform operations on impermeable surfaces having spill and leak collection systems.

B.

Development Regulations

All requirements relating to the development of a site along this corridor shall be those that apply to the underlying Land Development District as required by this Ordinance, except where the provisions of this corridor differ or are more restrictive than the development regulations applying to the underlying Land Development District or contained elsewhere in this Ordinance.

1.

Septic Tank Construction

Septic tanks and septic tank drain fields are prohibited within the greenway or setback areas of the river.

2.

Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8 (as amended) of Article 1, Chapter 2, Title 12 of the Official Code of Georgia Annotated are permitted.

3.

Public Utilities

Utilities shall be exempt from the above greenway and setback provisions in accordance with the following conditions if the utilities to be located in the greenway or setback areas cannot feasibly be located outside these areas:

(a)

The utilities shall be located as far from the river bank as reasonably possible.

(b)

The installation and maintenance of the utilities shall be such to protect the integrity of the greenway and setback areas as best as reasonably possible using watershed best management practices to the greatest extent practical.

4.

Roadways

Roadways, bridges and drainage structures may encroach upon required greenways and setbacks where such structures are necessary to provide access. Such roadways and bridges shall cross-streams perpendicularly where reasonably possible. The number of such stream crossings and associated structures shall be minimized to the greatest extent possible.

5.

Recreational usage consistent either with the maintenance of a natural vegetative greenway or with river-dependent recreation, such as a boat ramp.

(12-2-2008)

A.

Applicability

This Section applies to the areas defined as "significant recharge areas" by the State of Georgia and are hereby protected relative to their susceptibility to pollution.

1.

Significant recharge areas. Significant recharge areas are defined by the Georgia Department of Natural Resources (DNR) using criteria developed by them, and have been mapped on DNR's Hydrologic Atlas 18 (1989 edition, or as may be amended by DNR from time to time).

2.

Pollution susceptibility category. Categories of relative vulnerability of an aquifer to pollution (classified as higher, average or lower) are defined by the DNR using criteria developed by them, and have been mapped on DNR's Hydrologic Atlas 20 (as may be amended by DNR from time to time) along with the most significant recharge areas. All significant recharge areas in Walton County are classified as having a "lower" susceptibility to pollution.

B.

Protected groundwater recharge area restrictions. Within any significant recharge area, as defined and delineated by the DNR, the following shall apply:

1.

New hazardous waste treatment or disposal facilities are prohibited.

2.

New sanitary landfills, if permitted by DNR and the zoning district, shall have synthetic liners and leachate collection systems.

3.

Any new facility that involves the treatment, storage or disposal of hazardous waste, if permitted by DNR and the zoning district, shall perform such operations on an impermeable surface having a spill and leak collection system.

4.

Any new facility that handles hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding under-ground storage tanks) and in amounts of ten thousand (10,000) pounds or more on any one (1) day, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by DNR.

5.

A new above-ground chemical or petroleum storage tank must have secondary containment of one hundred ten percent (110%) of the volume of the tank or one hundred ten percent (110%) of the volume of the largest tank in a cluster of tanks. This requirement does not apply to:

a.

Any tank having a maximum capacity of less than six hundred sixty (660) gallons; and

b.

Any tank used for agricultural purposes, provided it complies with all Federal requirements.

6.

New agricultural waste impoundment sites larger than fifty (50) acre-feet must be lined. The liner must be constructed of compacted clay having a thickness of one (1) foot and a vertical hydraulic conductivity of less than five (5) × 10-7 cm/sec or other criteria established by the U.S. Soil Conservation Service.

7.

A new home served by a septic tank/drain field system must be approved by the County Health Department. The lot minimum size, as defined by this Code, must be at least one hundred fifty percent (150%) (32,670 sq. ft.) of the minimum lot size required by Table MT-1 of the Department of Public Health Manual for On-Site Sewage Management Systems.

8.

A new manufactured home served by a septic tank/drain field system must be approved by the County Health Department. The lot minimum size, as defined by this Code, must be at least one hundred fifty percent (150%) (32,670 sq. ft.) of the minimum lot size required by Table MT-1 of the Department of Public Health Manual for On-Site Sewage Management Systems.

(1-9-2024)

A.

Purpose

The purpose of this Article is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts from the destruction or alteration of federally protected wetland environments.

B.

Applicability

All persons proposing development and/or construction within any suspected federally protected Wetland located in Walton County, as determined by the Director, shall submit a detailed delineation of such wetlands, a copy of the pre-construction notification required under the Nationwide Permit (NWP) program, and written approval from the U.S. Army Corps of Engineers (USACOE) granting concurrence with the proposed activities and mitigation measures outlined.

C.

Use Restrictions

Within any protected wetlands area, the following shall apply:

1.

Hazardous or toxic waste receiving, treatment or disposal facilities are prohibited.

2.

Sanitary landfills are prohibited.

3.

Land uses that may be allowed if permitted by the zoning district and by the Section 404 permit include:

a.

Timber production and harvesting.

b.

Wildlife and fisheries management.

c.

Camping, hiking, hunting and fishing recreation activities.

d.

Public wastewater treatment and natural water quality treatment or purification facilities.

e.

Other uses permitted under Section 404 of the Federal Clean Water Act.

D.

Restriction On Construction Activities

No development, land disturbance or construction activities will be permitted in any suspected Wetland, as determined by the Director, until all such permit applications are submitted by the applicant or developer to the U.S. Army Corps of Engineers (USACOE), and subsequent approvals are issued by the USACOE for the proposed activities. The Director may grant partial project approval, and allow work to proceed on those portions of the project outside of the delineated wetlands, provided an alternate development plan is submitted in accordance with these regulations with ample provisions for project completion in the case that the subject wetlands disturbance is not permitted by the USACOE.

E.

Violation and Enforcement

If any development, land disturbance or construction activities are performed in any suspected federally protected Wetland, as determined by the Director, without first complying with the requirements of this Section 11-1-120 of this Part, the Director shall issue a Stop Work Order for all site activities and promptly report any and all violations to the U.S. Army Corps of Engineers and the Georgia Environmental Protection Division. Work shall not resume at the site until all required documentation has been submitted to and approved by the USACOE, and all subsequent fines issued have been paid in full.

The purpose of this Article is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts from stormwater discharges within Walton County. Proper management of surface water runoff will reduce channel erosion, stream sedimentation, local flash flooding, assist in the attainment and maintenance of water quality standards, and maintain as practically as possible the pre-development surface water runoff characteristics of the area.

It is hereby declared to be public policy to:

1.

Recognize the necessity of joint action where feasible by the County and the development industry in resolution of existing drainage problems and prevention of their worsening or recurrence;

2.

Work in a cooperative relationship with the development industry to accomplish the above-stated objective by encouraging through this Article and other public actions the development of fewer but larger major detention facilities and incremental resolution of existing drainage problems on a priority basis in concert with private development activities;

3.

Maintain, where feasible, the natural environment of County streams through reduction of flow quantities resulting from new development, and where feasible, restore the flood plain to its natural functional purpose to resolve existing flooding problems, but recognize the necessity of using urban streams for stormwater runoff in those situations where maintenance of the natural stream environment would result in continuation or worsening of flooding conditions;

4.

Require the development industry to maintain the function of the storm drainage system during the development process and property owners thereafter;

5.

Encourage the construction of joint detention ponds serving several residential properties. The County encourages the location of these detention facilities off the site of the property under development and may participate where it is in the general public's best interest in the construction of major detention facilities which would serve not only the needs of the property under development, but would assist in resolving existing flooding problems;

6.

Encourage innovative design solutions to the effective detention of runoff.

A.

All persons proposing development and/or construction within Walton County shall submit a Stormwater Management Plan and Hydrology Study to the Department for review and approval, except as provided in Section 11-2-130 of this Part.

B.

A combination of storage and controlled release of stormwater runoff shall be required for all development and construction that will increase the peak rate of runoff from the site by more than one (1) cubic foot per second for a ten-year frequency storm. The requirement of this paragraph may be waived by the Director if it can be shown by detailed engineering including descriptions, drawings, calculations and any other pertinent information necessary and acceptable to prove to the Director that one of the following conditions exists:

1.

The installation of stormwater management facilities would reduce downstream flood peaks by less than one percent (1%); or

2.

The applicant demonstrates how the downstream drainage system will have enough capacity to receive any increase in runoff for the design storms and protect downstream development without the addition or improvement of stormwater management facilities; or

3.

The applicant demonstrates that the proposed site design will meet the standards of this Ordinance without installing such facilities.

However, the provisions of this Paragraph B shall not be waived if the Director determines that such waiver would increase known flooding problems, or exceed the capacity of the downstream drainage system.

A.

The following development activities are exempt from the requirements of providing a combination of storage and controlled release of stormwater runoff.

1.

Agricultural and forestry land management activities.

2.

Additions or modifications to existing detached single-family dwellings.

3.

Construction of a detached single-family dwelling that is not part of a larger development.

4.

Non-residential developments with less than five thousand (5,000) square feet of land disturbance activity.

5.

Developments of property where the runoff resulting from the proposed development is discharged directly into a Federal Emergency Management Agency (FEMA) identified 100-year flood zone, provided that approved Sediment Basins are constructed at each significant discharge point to prevent the discharge of sediment from the site, and provided that sufficient energy dissipation devices or structures are installed to limit post development stormwater velocities to less than or equal to pre-development flow velocities at any point on the perimeter of the project.

6.

Residential developments consisting of single-family dwellings, each on a lot of five (5) acres or more.

B.

When the developer requests and the Department agrees that development and construction of nonresidential projects are too small, or that engineering and economic factors make combined detention of other drainage facilities more practical, the Department may authorize the joint construction of these facilities to serve two (2) or more properties by two (2) or more developers. Where joint detention facilities serving two (2) or more properties are approved for construction, no use of land or occupancy of building within the properties served by these facilities shall be permitted until completion of the detention facility, and the owners of the joint detention facility have submitted a written agreement that is satisfactory to the Department and assigns to one of the parties the responsibility of maintaining that facility.

(6-1-2004; 7-5-2005)

A.

Stormwater detention facilities shall be constructed in accordance with plans approved by the Department and shall be in place and inspected prior to the issuance of a certificate of occupancy or acceptance of a Final Plat.

B.

The Stormwater Management Plan shall be prepared under the supervision of, and certified by, a Professional Engineer, Landscape Architect or a Registered Land Surveyor in accordance with O.C.G.A. § 43-15-2, with competency in Hydrology and Hydraulics, currently registered in the State of Georgia. The Stormwater Management Plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The minimum information required for a Stormwater Management Plan, or applications for a variance or waiver, shall include a site plan drawn to a scale of not less than one (1) inch equals one hundred (100) feet with the following characteristics and information:

1.

Graphic scale, north arrow and date.

2.

Vicinity map showing the site location relative to surrounding landmarks, highway intersections, rivers, and streams.

3.

Topography showing existing and proposed elevations in accordance with the following:

a.

For sites with slopes less than two percent (2%), show contours at intervals of not more than two (2) feet and spot elevations at all breaks in grade along drainage channels or swales at selected points not more than fifty (50) feet apart.

b.

For sites with slopes more than approximately two percent (2%), show contours with an interval of not more than five (5) feet.

c.

Elevation shall be based on the datum plane established by the United States Geodetic Survey (USGS).

C.

Delineation of property lines and deed record names of adjacent property owners.

D.

Location of Existing Structures

1.

Location and right-of-way of streets, roads, railroads and utility lines, either on or adjacent to the property to be developed. Specify whether utility lines are in easements or right-of-way and show location of towers and poles.

2.

Size and location of existing sewers, water mains, storm drains, culverts, or other underground facilities within the tract or within the right-of-way of streets or roads adjoining the tract. Grades and invert elevations of storm drains, sewers and culverts shall be shown.

E.

Proposed Conditions

1.

Layout of streets, roads, alleys, drives and paved areas, and public crosswalks, with widths, road names or designations.

2.

Location of structures.

3.

Proposed storm sewer system with grade, pipe size, and location of outlet, both in plan and profile.

4.

Delineation of drainage areas that are to be routed through the proposed drainage structure and/or stormwater management facility.

5.

Plans for detention facilities shall show existing and proposed contours with a contour interval per Paragraph 3 of this Section. The plans shall include sufficient information indicating positive drainage (dry-basins), top of wall or dam to ensure adequate freeboard for the 100-year peak stage (minimum one (1) foot), width of the dam crest (minimum eight (8) feet), limits of ponding, maximum ponding elevation, location of facility with respect to property lines, public right-of-way, easements, and details of the outlet device, dam or wall and other provisions needed to ensure the safe, proper, and continued function of the facility.

F.

Provide computations and supporting documentation of hydrologic and hydraulic analyses.

1.

Analysis of drainage areas fifty (50) acres and less in size may be performed using the Rational Method.

2.

Analysis of drainage areas of twenty-five (25) to two thousand (2,000) acres may be performed using SCS methods.

3.

Analysis of drainage areas of twenty (25) acres to twenty-five (25) square miles may be performed using USGS methods.

4.

Use of other methods will require prior approval from the Department.

G.

The stormwater management plan shall provide the following information for pre-development and post-development conditions:

1.

The composite runoff curve number or runoff coefficient for the site.

2.

The peak runoff rate at the point, or points, of discharge for the two-, five-, ten-, 25-, 50-, and 100-year design frequency storm events.

3.

The capacity of storm sewers, ditches, and other hydraulic structures.

H.

A landscaping plan shall be submitted and reviewed for all detention and other storage facilities as part of the Stormwater Management Plan.

I.

The Planning and Development Department shall review each Stormwater Management Plan, and shall either approve or reject the plan and return comments for revision. The approval of any Stormwater Management Plan shall not relieve the Developer from satisfying any and all requirements of this Part.

J.

Operations and Maintenance Plan

Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices is required to ensure their continued function as designed and constructed is preserved. These plans will identify the parts or components of the stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary.

1.

The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues.

2.

Provisions for periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

(6-6-2006; 5-1-2007)

A.

The hydrology study used in the Stormwater Management Plan shall consist of analytical computations resulting in pre-developed and post-developed runoff rates for the two-, five-, ten-, 25-, 50-, and 100-year frequency storms and contain the following:

1.

Statement of methodology used (Rational, SCS, USGS or a derivative thereof with prior approval from the Department).

2.

Statement of all assumptions.

3.

Calculations should be shown for time of concentration or lag time.

4.

Calculations should be shown for all weighted C-factors or weighted curve numbers used.

5.

Rainfall intensities and amounts are to be consistent with data for the Walton County or Metro Atlanta area.

B.

Downstream Analysis Required

The purpose of the downstream analysis is to determine if flooding or drainage problems will occur as a result of the proposed development or if existing flooding or drainage problems will be exacerbated. To provide a reasonable guide for downstream analysis, hydrologic-hydraulic engineering study shall extend downstream to a point where the proposed development represents less than ten percent (10%) of the total watershed draining to that point.

1.

Hydrographs shall be generated for the following conditions:

a.

Design hydrographs from the developed land using undeveloped land use conditions.

b.

Design hydrographs from the development using developed land use conditions and routed through the proposed storage or other stormwater management facilities.

c.

Design hydrographs at the ten percent (10%) point routed from the development using developed land use conditions within the development site.

d.

Design hydrographs from the entire drainage area to the ten percent (10%) point using land use conditions as for the different design flows specified in this section.

2.

Hydrographs at the exit to the development and at the ten percent (10%) point are then compared and analyzed to show that the flows from the development will not be increased beyond the limits allowed in this section, at the exit to the development and at the ten percent (10%) point.

3.

A narrative shall be prepared to describe the hydraulic characteristics of the drainage system downstream from the proposed development, any restrictions that exist, and any physical characteristics that might affect the conveyance of flows through the system to the ten percent (10%) point.

C.

All detention and/or retention facility plans shall be at a scale of not less than one (1) inch equals fifty (50) feet with a maximum contour interval of two (2) feet. Hereinafter where the term detention facility is used, it will be taken that the same criteria applies to a retention facility as well. The plans should be based on a stage-storage and controlled discharge design and contain the following information:

1.

Maximum storage requirements for the proposed detention facility based on the storage volume required for the 100-year frequency storm event.

2.

The plans shall present clearly all information needed for proper review and construction of the storage facility, including dimensions and contours as appropriate.

D.

Design of Outlet Device

1.

The outlet device shall be thoroughly and clearly detailed for proper construction. The design shall be such as to require minimal maintenance and provide maximum longevity.

2.

Provide emergency overflow spillway in dam or outlet structure top.

3.

If the outlet device utilizes orifice flow, a trash rack protecting the orifice from blockage from debris shall be provided for orifices fifteen (15) inches or less. Access shall be provided for maintenance in the form of a manhole or other suitable device and shall discourage and restrict human entry by use of bolt down lids or other positive means.

4.

Discharge from the detention facilities shall be released at a minimum distance of six (6) times the diameter of the discharge pipe, if used, from any exterior property line. Rip-rap shall be placed accordingly.

5.

Provide details of outlet devices and dam cross section on the construction drawings.

6.

The type and size of pipes to be used for the outlet, along with detail drawings and specifications for all facilities should be indicated.

7.

Actual results obtained from routing the two-, five-, ten-, 25-, 50-, and 100-year post-developed storm hydrographs through the facility are required.

8.

A summary chart showing maximum pond elevation, storage required, and pre-developed and post-developed discharge rates for the two-, five-, ten-, 25-, 50- and 100-year storms should be included.

E.

Acceptable stormwater management facilities are not limited to conventional detention and/or retention facilities. Constructed wetlands, infiltration systems, and other innovative solutions are encouraged, so long as the intent of this Ordinance is satisfied. However, proposals for alternative systems shall be presented to the Director for tentative acceptability prior to formal submittal of a stormwater management plan.

F.

Stormwater retention facilities are recommended in all residential and commercial developments where possible, to provide an effective stormwater management facility, improve water quality, enhance groundwater recharge, and to provide an aesthetically pleasing amenity area to complement the development.

G.

Design Criteria

1.

The peak release rate of stormwater from all developments where detention is required shall not exceed the corresponding peak stormwater runoff rate from the area in its natural undeveloped state for all intensities up to and including the 50-year storm event. Routing conditions must also be presented to prove that the facility can safely accommodate and pass the 100-year storm event, without damage to any dam or related structure.

2.

The same methodology must be used for calculating the pre-development and post-development rates of runoff from a site.

3.

Detention designs may be rejected by the Director if they incorporate structures and facilities that will demand excessive maintenance or utilize numerous small structures, if other alternatives are physically possible.

4.

Discharge velocities from detention facilities shall be reduced to provide a non-erosive velocity flow from a structure, channel or other control measure.

5.

Stormwater management and flood control facilities shall include both structural and non-structural controls in accordance with Sections 11-2-230 and 11-2-240 of this Ordinance.

H.

Methods for estimating stormwater runoff, storage design and outlet structure design shall be implemented in accordance with the Georgia Stormwater Management Volume 2, Chapter 2, First Edition dated August, 2001, with subsequent revisions to be incorporated herein.

(6-1-2004)

A.

Detention facilities shall be considered to consist of the area within the maximum design ponding limits, the dam (if one) including all embankment slopes and wall footings (if applicable), primary and emergency outlet works, any drainage and access easements, and any energy dissipation devices.

B.

Detention facilities shall be designed and located to promote interception of runoff from the proposed land use. "By-pass" areas (areas of non-regulated runoff) shall be permitted only if the combined peak discharge rate from the site meets the requirements of Sections 11-2-140 and 11-2-150 of this Part.

C.

Detention facilities shall be located in conformance with the Georgia Erosion and Sedimentation Act of 1975 (see Title 12-7-6,16) and the Flood Damage Prevention Ordinance of Walton County.

D.

Detention facilities shall be located in accordance with the restrictions created by Title 44, Chapter 1, Subchapter B, Parts 59 and 60 of the Code of Federal Regulations, as amended.

E.

Detention facilities shall be located in conformance with the provisions of the Clean Water Act of 1974 as amended regulating land disturbing activities within designated wetland areas. (See Title 404 of the Federal Regulations.)

F.

Detention facilities may be constructed within a transitional buffer or recreation areas, upon approval by the Director of Planning and Development on an individual basis dependent on site-specific conditions. Title to the recreation area is to be held by a property owners association, homeowners association or private entity and the design will not interfere with the intended use of the area. Detention facilities constructed on individual lots will be owned and maintained by the property owner and/or homeowners association.

G.

The 100-year ponding elevation created by the detention facility shall be considered a flood hazard and as such, shall require the same provisions as the base flood as defined by the Flood Damage Prevention Ordinance of Walton County.

H.

The drainage system from a proposed development must discharge into an outfall that has adequate capacity to accommodate the runoff from the development. If downstream easements are needed to extend the drainage system to an adequate outfall, the developer shall seek these easements. In the event such easements cannot be obtained by the developer, the County may, at its option, agree to assist the developer in obtaining needed drainage easements using its powers, including condemnation.

I.

Detention facilities may be incorporated into lake or pond designs. All such facilities shall be designed and constructed in conformity with applicable State and Federal regulations. Design engineers are expected to be knowledgeable of the criteria contained within the Georgia Safe Dams Act, Georgia Department of Natural Resources "Rules for Dam Safety" publication, and the U.S.D.A. Soil Conservation Service's Technical Release No. 60, "Earth Dams and Reservoirs." In lieu of more restrictive design standards, the principles and practices for dam construction as detailed in Design of Small Dams, United States Department of the Interior Bureau of Reclamation, Third Edition, 1987, shall be used.

J.

Parking lot detention areas shall be located so as to restrict ponding to areas other than parking spaces near buildings, and to not encroach upon entrance drives. The maximum depth of detention ponding in a parking lot, except at a flow control structure, shall be six (6) inches for a ten-year storm, and nine (9)) inches for a 100-year storm. The maximum depth of ponding at a flow control structure shall be twelve (12)) inches for a 100-year storm. In truck parking areas, the maximum depth of ponding shall be twelve (12)) inches for the ten-year storm. Detention in ponding areas are to be drained within thirty (30) minutes after the peak flow occurs.

K.

The 100-year ponding limits of a detention facility shall not encroach upon a public right-of-way. Roadway embankments will not be allowed as a dam for a detention facility.

L.

Detention facilities may not be located within utility easements, or encroach upon utility easements or right-of-way, unless the owner provides the Department with written permission from both the property and utility owners.

A.

Access

1.

A 20-foot access easement shall be provided to all storm water management and detention facilities from a public right-of-way. Within the easement shall be constructed an access road of at least twelve (12) feet in width. The road shall have a 12-inch base compacted to ninety-five percent (95%) of the Standard Proctor soil test and be grassed.

2.

All storm water management and detention facilities shall be provided with a minimum ten-foot drainage and access easement encompassing entire facility including the 100-year ponding limits and the entire dam. The area surrounding the facility shall be for the purpose of maintaining the facility.

3.

Storm water detention facilities shall be constructed in accordance with plans approved by Walton County and shall be in place and inspected prior to the issuance of a certificate of occupancy or acceptance of a Final Plat.

B.

Fencing

1.

Except as provided in Subsection B.2 below a four-foot chain link fence will be required for every stormwater detention facility. When a four-foot chain link fence is required, the fence shall include double eight-foot wide gates (sixteen (16) feet total opening) to permit entrance of equipment necessary to allow periodic maintenance activities.

2.

A four-foot chain link fence will not be required when the stormwater detention facility meets one (1) of the following criteria:

a.

When, regardless of pond depth, a minimum of seventy percent (70%) of the side slopes is not steeper than a slope of four (4) horizontal to one (1) vertical.

b.

When the maximum depth of the pond is less than three (3) feet in the one hundred year frequency event.

c.

When the planned facility is a retention facility and the maximum depth change from the normal water surface elevation to the 100-year flood frequency event is less than or equal to four (4) feet.

d.

When a culvert is downsized to provide stormwater detention through a natural area where the existing topography has not been altered.

e.

When the site in which the pond is to be constructed is zoned industrial and is more than five hundred (500) feet from properties zoned residential or publicly owned property (excluding right-of-way).

(5-3-2005; 7-5-2005)

A.

The maintenance of any Stormwater Management Facility shall be the responsibility of the mandatory homeowners association of residential subdivision developments or property owner of commercial development. Piped systems and other drainage facilities, whether in an easement or not, outside the county right-of-way, are the responsibility of the mandatory homeowners association in residential subdivision developments or the property owner of commercial property. In residential or commercial developments, stormwater management facility maintenance is to be vested in the mandatory homeowners or property owners association with responsibility clearly vested in the organization through established covenants previously approved by the director. The county maintains the right, but not the responsibility to access any stormwater management facility for maintenance purposes.

B.

Regional stormwater retention facilities, which are deemed by the Board of Commissioners to be an essential and integral part of the Walton County stormwater management plan, may be maintained by Walton County. In order to facilitate the maintenance of said stormwater retention facilities, a drainage easement shall be provided which will encompass the 100-year flood elevation contour plus twenty (20) feet. The twenty (20) feet shall be measured horizontally outward from the 100-year flood elevation contour. An improved access easement shall be provided from an existing or proposed right-of-way to the regional stormwater detention facility as required in Section 11-2-170 of this Article.

C.

A stormwater retention facility built to satisfy the requirements of this Article shall be maintained to satisfy the requirements set forth herein. The shorelines must be graded so that there is not a sudden change in elevation. The banks of the impoundment beyond the normal pool contour shall be graded to a slope not steeper than a six (6) horizontal to one (1) vertical. A retention facility shall require periodic maintenance of the outlet structure and the dam.

D.

All stormwater detention facilities shall be graded so as to provide positive drainage. The minimum slope along the bottom of the facility shall be two percent (2%).

E.

Inspection and Maintenance Agreement

1.

An inspection and maintenance agreement shall be executed for all private on-site stormwater management facilities prior to Final Plat approval. Such agreement shall be in form and content acceptable to the Director, and shall provide that all maintenance and repairs of such facilities shall be the responsibility of the developer, property owner, or other entity approved by the County.

2.

Such agreement shall provide for access to the facility by virtue of a non-exclusive perpetual easement dedicated to Walton County for periodic inspections of the facility by County personnel. The agreement shall provide that preventive maintenance inspections of infiltration systems, retention, or detention facilities may be made by the County, at its option. Without limiting the generality of the foregoing, the County's inspection schedule may include an inspection during the first year of operation and once every two (2) years thereafter. Inspection reports shall be maintained by the Department.

3.

The agreement shall provide that if, after an inspection, the condition of a facility presents an immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the County shall have the right, but not the duty, to take such action as may be necessary to protect the public and make the facility safe. If it is determined that such deficient conditions are the result of neglected maintenance or other action caused by the owner, then any cost incurred by Walton County shall be paid by the owner as set forth in Paragraph 4 below.

4.

The agreement shall provide that the County shall notify the owner(s) of the facility of any violation, deficiency or failure to comply with this Division. The agreement shall also provide that upon a failure to correct violations requiring maintenance work, within fourteen (14) calendar days after notice thereof, the County may provide for all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the costs of the work performed by the County pursuant to this subsection and there shall be a lien on all property of the owner in which said property utilizes or will utilize such facility in achieving stormwater management, which lien, when filed in Walton County real estate records, shall have the same status and priority as liens for ad valorem taxes. Should such a lien be filed, portions of the affected property may be released by Walton County following the payments by the owner of such portion of the property of such owner's pro-rata share of the lien amount based upon the acreage to be released with such release amount to be determined by the Director.

5.

The agreement shall be recorded by the owner in the land records of Walton County prior to the Final Plat approval or the issuance of any building permit for the subject property(s).

All stormwater management facilities in existence in Walton County on the effective date of these Regulations may be maintained by Walton County in such a manner as to maintain and enhance the public health, safety, and general welfare; in order to be assured that such facilities are safe, to reduce and minimize damage to public and private property, to reduce and minimize the impact of such facilities on land and stream channel erosion, to assist in the attainment and maintenance of water quality standards, to reduce local flooding, and to maintain, as nearly as possible, the pre-existing development runoff characteristics of the area.

A.

Stormwater management facilities shall be constructed before other clearing and grading activities unless the Director approves otherwise. The Director may allow limited construction only after the applicant has provided suitable performance surety.

B.

When required stormwater management facilities have not yet been constructed, and a valid performance surety is in effect, the Director may issue a maximum of five (5) building permits for construction within a residential development, provided that adequate temporary measures are in place to satisfy the intent of this Section.

C.

The performance surety or other securities shall not be released until the following requirements have been met:

1.

The Director, or designee, shall perform a final inspection of the facilities and determine that they have been constructed in compliance with the Stormwater Management Plan, and this Part.

2.

It has been determined that all provisions of the Stormwater Management Plan have been faithfully executed.

3.

A provision may be made for partial release of the amount of the surety pro-rata upon completion and acceptance of various stages of development as specifically delineated, described and scheduled in the Stormwater Management Plan. The applicant shall notify the Department upon completion of each stage that is ready for inspection.

A.

The Director, or designee, shall be responsible for determining whether development is proceeding in accordance with the approved Stormwater Management Plan. Periodic inspection of the development site shall be made by the Director, or designee, to ensure that the Stormwater Management Plan is properly implemented.

B.

The Director, or designee, and other duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, and management in accordance with the provisions of this Part.

C.

Upon completion of construction on the project, and prior to approval of the final plat or issuance of a Certificate of Occupancy, the developer shall provide certification by a Professional Engineer, currently registered in the State of Georgia, that the stormwater management facility has been constructed in accordance with the approved stormwater management plan and will effectively control post development peak flow and velocities to less than or equal to pre-development conditions for the two-, five-, ten-, 25- and 50-year frequency storm events, and can safely accommodate and pass the 100-year frequency storm event without damage to the facility.

A.

In the event that work performed does not conform to the provisions of the approved Stormwater Management Plan and inspection, the developer shall be subject to any and all applicable enforcement and violation procedures outlined in this Part.

B.

In the event that the developer continues in non-compliance with the Stormwater Management Plan following the issuance of a stop-work order or other violation, the performance surety or other surety posted shall be forfeited in favor of Walton County.

Structural stormwater controls are to be designed and implemented in accordance with the Georgia Stormwater Management Manual Volume 2, Chapter 3, First Edition, dated August, 2001 with subsequent revisions to be incorporated herein.

(6-1-2004)

Non-Structural stormwater controls are to be designed and implemented in accordance with the Georgia Stormwater Management Manual Volume 2, Chapter 3, First Edition, dated August, 2001 with subsequent revisions to be incorporated herein.

(6-1-2004)

Stormwater management minimum standards for new development, redevelopment and hotspots as well as site planning and site design shall be in accordance with the Georgia Stormwater Management Manual Volume 2, Chapter 3, First Edition, dated August, 2001 with subsequent revisions to be incorporated herein.

(6-1-2004)

Stormwater conveyance facilities which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites and/or public rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one (1) parcel, existing or proposed, shall meet the following requirements:

A.

Methods to calculate stormwater flows shall be in accordance with the Georgia Stormwater Management Manual, Vol. 2, First Edition.

B.

All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan using the methods included in the Georgia Stormwater Management Manual, Vol. 2, First Edition.

C.

Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual, Vol. 2, First Edition.

(5-1-2007)

Walton County intends that developers shall be required to provide, install and maintain all necessary soil erosion and sedimentation control measures in accordance with the Manual for Erosion and Sediment Control in Georgia, latest edition and any amendments thereto. The Sections that follow within this Part are to be interpreted consistent with the foregoing statement of intent.

It is hereby declared to be public policy in this Article to:

A.

Minimize the removal of vegetation and trees during the development process;

B.

Minimize the exposure of bare earth to precipitation by encouraging the scheduling of land development in increments of workable size which can be completed within a single construction season or within a time period compatible with the type and size of the project;

C.

Provide for the re-establishment of vegetation within a reasonable period following completion of final grading and utility installation;

D.

Give priority to the paving of streets, parking lots, and other areas within a reasonable time following completion of final grading; and

E.

Encourage the use of erosion control and sedimentation techniques found in "Manual for Erosion and Sedimentation Control in Georgia" as published by the State Soil and Water Conservation Commission and as amended from time.

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

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

Board: The Board of Natural Resources.

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

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

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

CPESC: Certified Professional in Erosion and Sediment Control with current certification by Certified Professional in Erosion and Sediment Control Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.

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

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

Design Professional: A professional licensed by the State of Georgia in the field of: engineering, 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 Certified Professional in Erosion and Sediment Control, Inc.

Director: The Director of the Environmental Protection Division (EPD) of the Department of Natural Resources or an authorized representative.

District: The Walton County Soil and Water Conservation District.

Division: The Environmental Protection Division of the Department of Natural Resources.

Drainage Structure: 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.

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

Erosion and Sedimentation Control Plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. ch. 12-7, that includes, as a minimum, protections at least as stringent as the State General Permit, best management practices, and requirements in Section 11-3-140 C of this Ordinance.

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

Final Stabilization: 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 the 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 landscaped areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and a seeding of target crop perennials appropriate for the region).

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

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

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

Land Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section 11-3-130, Paragraph 5.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Roadway Drainage Structure: A device such as a bridge, culvert, 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 side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

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

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

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

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

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

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

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

Trout Streams: All streams or portions of streams within the watershed as designated by the Game and Fish 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, State Rule 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as waters supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

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

1.

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

2.

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

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

A.

This Part shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

1.

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

2.

Granite quarrying and land clearing for such quarrying;

3.

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

4.

The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (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 EPD 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;

5.

Agricultural operations as defined in O.C.G.A. § 1-3-3, definitions, to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; and farm buildings and farm ponds;

6.

Forestry land management practices, including harvesting; provided however, that when such exempt forestry practices cause or result in land-disturbing or other activities prohibited in a buffer, as established in Paragraphs 15 and 16 of Section 11-3-140 C of this Ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

7.

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

8.

Any project involving less than one (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 Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9, or 10 of this Section;

9.

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

10.

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

11.

Any public water system reservoir.

A.

General Provisions

Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if the requirements of the ordinance and the NPDES General Permit area not met. Therefore, plans for those land-disturbing activities which are not exempted by this Ordinance shall contain provisions for application of soil erosion, sedimentation, and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation, and pollution control plans. Soil erosion, sedimentation, and pollution control measures and practices shall conform to the minimum requirements of Section 11-3-140 B and C of this Ordinance. The application of measures and practices shall apply to all features of the site, including the street and utility installations, drainage facilities, and other temporary and permanent improvements. Measures shall be installed to prevent and control erosion, sedimentation and pollution during all stages of land-disturbing activities in accordance with requirements of this Ordinance and the NPDES General Permit.

B.

Minimum Requirements/BMPs

1.

Best management practices as set forth in Section 11-3-140 B and C of this Ordinance 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 EPD 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 EPD 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 the 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 EPD 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 local issuing authority may set more stringent buffer requirements that stated in Section 11-3-140 C.15 and 16, in light of O.C.G.A. § 12-7-6-(c).

C.

The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12-7-1 et seq., for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the State General Permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was submitted, as well as the following:

1.

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

2.

Cut-fill operations must be kept to a minimum;

3.

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

4.

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

5.

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

6.

Disturbed soil shall be stabilized as quickly as practicable;

7.

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

8.

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

9.

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

10.

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

11.

Cuts and fills may not endanger adjoining property;

12.

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

13.

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

14.

Land-disturbing activity plans for erosion, sedimentation, and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section 11-3-140 B.2 of this Part.

15.

Except as provided in Paragraph 16 of this subsection, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the EPD 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 where bulkheads and sea walls are installed to prevent shoreline erosion on Lake Oconee and Lake Sinclair, 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 or water; and for which run-off 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 O.C.G.A. § 12-5-5, the Georgia Water Quality Control Act, shall remain in force unless a variance is granted by the Director as provided in this paragraph. A stream buffer of twenty-five (25) feet in width shall be maintained in addition to the 25-foot state waters buffer, with an additional setback maintained for twenty-five (25) feet horizontally beyond the stream buffer. 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: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines;

16.

There is established a 50-foot buffer as measured horizontally from the point 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 O.C.G.A. § 12-5-2, 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 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

a.

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

b.

The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 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: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines;

17.

There is established a 25-foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of the County Code, 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 Code Section 12-2-8, where an alteration within the buffer area has been authorized pursuant to Code Section 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 not 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 25-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 State 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 Sections 11-3-140 B and C of this Ordinance.

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 Ordinance or the terms of the permit.

A.

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 Ordinance and 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 Walton County without first obtaining a permit from the Walton County Planning and Development Department to perform such activity and providing a copy of the Notice of Intent submitted to EPD if applicable.

2.

The application for a permit shall be submitted to the Walton County Planning and Development Department and must include the applicant's erosion, sedimentation, and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section 11-3-150 C of this Ordinance. Erosion, sedimentation, and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section 11-3-140 B and C of this Ordinance will be met. Applications for a permit will not be accepted unless accompanied by three (3) 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 or that such a visit was not required in accordance with EPD State 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 a District to act within thirty-five (35) days shall be considered an approval of the pending plan. The result 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 Section 11-3-140 C.15 and 16 have been obtained, all fees have been paid and surety if required as per Section 11-3-150 B.6, has 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 Ordinance section, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing of 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 surety in the form of a bond, 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 Ordinance or with the conditions of the permit after issuance, the local issuing authority may call the surety 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 Section 11-3-140 B and C of this Ordinance, 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 Ordinance. 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 the 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 surety are obtained, where necessary and all necessary and 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 Ordinance, any variances required by Section 11-3-140 C.15 and 16 are obtained, surety requirements, if necessary, as per Section 11-3-150 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 Ordinance and any other ordinances relating 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 Ordinance. 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 local issuing authority 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 Walton County Planning and Development Department 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 both primary and secondary 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 Ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Ordinance.

B.

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

C.

The Walton County Planning and Development Department shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this Ordinance, 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 counties or municipality's erosion and sedimentation 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 the counties and municipalities which have been certified as local issuing authorities pursuant to Code Section 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the District and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the Division shall notify the governing authority 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 may 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 Ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

B.

Stop Work Orders

1.

For the first and second violation of the provision of this Ordinance, the EPD 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; and

3.

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

4.

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority, 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.

Surety Forfeiture

If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance surety, if required to post one under the provisions of Section 11-3-150 B.6. The local issuing authority may call the surety or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

D.

Monetary Penalties

Any person who violates any provisions of this Ordinance, or any permit condition or limitation established pursuant to this Ordinance or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this Ordinance 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 Ordinance, 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 Ordinance under county ordinances approved under this Ordinance 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 of 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 and 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 a certified personnel on site may contract with certified persons to meet the requirements of this Ordinance.

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, sedimentation, 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 Walton County Board of Appeals within thirty (30) days after receipt by the local issuing authority of a 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 de novo to the Superior Court of Walton County.

A.

Effectivity

This ordinance shall become effective on the 1 ^st day of June 2010.

B.

Validity

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

C.

Liability

1.

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

3.

No provision of this Ordinance 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 there under or pollute any waters of the State as defined thereby.

A.

Authorization

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) of the Official Code of Georgia Annotated 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 Board of Commissioners, of Walton County, Georgia, does ordain as follows:

B.

Findings of Fact

1.

The flood hazard areas of Walton County, Georgia are subject to periodic inundation which results 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.

2.

These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

C.

Statement of Purpose

It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1.

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

2.

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

3.

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

4.

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

5.

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

D.

Objectives

The objectives of this Ordinance are:

1.

To protect human life and health;

2.

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

3.

To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas,

4.

To minimize expenditure of public money for costly flood control projects;

5.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

6.

To minimize prolonged business interruptions; and

7.

To ensure that potential homebuyers are notified that property is in a flood area.

A.

Lands to Which This Ordinance Applies

This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Walton County, Georgia.

B.

Basis for Area of Special Flood Hazard

The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated December 8, 2016 and future flood hazard determinations, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this Ordinance.

For those land areas acquired by a municipality through annexation, the current effective FIS dated December 8, 2016 and future flood hazard determinations, with accompanying maps and other supporting data and any revision thereto, for Walton County are hereby adopted by reference.

Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. (Specifically John T Briscoe Jr. Reservoir Dam Breach February 16, 2004.)

The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located: Walton County Planning and Development Department.

C.

Establishment of Development Permit

A Development Permit shall be required in conformance with the provisions of this Ordinance PRIOR to the commencement of any Development activities.

D.

Compliance

No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this Ordinance and other applicable regulations.

E.

Abrogation and Greater Restrictions

This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

F.

Interpretation

In the interpretation and application of this Ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes

G.

Warning and Disclaimer of Liability

The degree of flood protection required by this Ordinance 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 man-made or natural causes. This ordinance 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 ordinance shall not create liability on the part of Walton County or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.

H.

Penalties for Violation

Failure to comply with the provisions of this Ordinance or with any of its requirements, including conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a violation. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than sixty (60) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Walton County from taking such other lawful actions as is necessary to prevent or remedy any violation.

A.

Designation of Ordinance Administrator

The Planning and Development Director or their designee is hereby appointed to administer and implement the provisions of this Ordinance.

B.

Permit Procedures

Application for a Development Permit shall be made to the Planning and Development Department on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.

Specifically, the following information is required:

1.

Application Stage

a.

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

b.

Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;

c.

Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of Section 11-4-130 B.2;

d.

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

2.

Construction Stage

For all new construction and substantial improvements, the permit holder shall provide to the Administrator an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood proofing is completed. 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 flood proofing is utilized for non-residential structures, said 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 submission of these certifications shall be at the permit holder's risk. The administrator 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 progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

C.

Duties and Responsibilities of the Administrator

Duties of the administrator shall include, but shall not be limited to:

1.

Review proposed development to assure that the permit requirements of this Ordinance have been satisfied.

2.

Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.

3.

Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.

4.

When Base Flood Elevation data or floodway data have not been provided in accordance with Section 11-4-110 B, then the administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Section 11-4-130.

5.

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 in accordance with Section 11-4-120 B.2.

6.

Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Section 11-4-120 B.2.

7.

When flood-proofing is utilized for a structure, the administrator shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Section 11-4-120 B.1.c and Section 11-4-130 B.2 or D.2.

8.

Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas.

9.

Notify 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).

10.

For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained.

11.

Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the administrator 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 Ordinance.

12.

All records pertaining to the provisions of this Ordinance shall be maintained in the office of the administrator and shall be open for public inspection.

A.

General Standards

In ALL Areas of Special Flood Hazard the following provisions are required:

1.

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

2.

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

3.

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

4.

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 or 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.

a.

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

(i)

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;

(ii)

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

(iii)

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

b.

So as not to violate the "Lowest Floor" criteria of this Ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area, and

c.

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

5.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

6.

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.

7.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

8.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

9.

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

10.

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

B.

Specific Standards

In ALL Areas of Special Flood Hazard the following provisions are required:

1.

New construction and/or Substantial Improvements — Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of Section 11-4-130 A.4, Elevated Buildings.

a.

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

2.

Non-Residential Construction — New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to three (3) feet above the base flood elevation, 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 official as set forth above and in Section 11-4-120 C.6.

3.

Standards for Manufactured Homes and Recreational Vehicles — Where base flood elevation data are available:

a.

All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than three (3) feet above the base flood elevation.

b.

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

(i)

The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or

(ii)

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.

c.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Refer to Section 11-4-130 A.6 above.

d.

All recreational vehicles placed on sites must either:

(i)

Be on the site for fewer than one hundred eighty (180) consecutive days.

(ii)

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

(iii)

The recreational vehicle must meet all the requirements for "New Construction," including the anchoring and elevation requirements of Section 11-4-130 B.3.a—c, above.

4.

Floodway — Located within Areas of Special Flood Hazard established in Section 11-4-110 B, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area 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. Development may be permitted however, 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 in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.

b.

ONLY if Section 11-4-130 B.4.a above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Article 4.

C.

Building Standards for Streams Without Established Base Flood Elevations and/or Floodway (A-Zones)

Located within the Areas of Special Flood Hazard established in Section 11-4-110 B, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply:

1.

When base flood elevation data or floodway data have not been provided in accordance with Section 11-4-110 B, then the administrator shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of Section 11-4-130. ONLY if data are not available from these sources, then the following provisions Subsections 2 and 3 shall apply:

2.

No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty (20) feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than a one-foot increase in flood levels during the occurrence of the base flood discharge.

3.

In special flood hazard areas without base 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. (NOTE: Require the lowest floor to be elevated one (1) foot above the estimated base flood elevation in A-Zone areas where a Limited Detail Study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Section 11-4-130 A.4, Elevated Buildings.

a.

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three (3) feet above the highest adjacent grade at the building site.

The Administrator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

D.

Standards for Areas of Special Flood Hazard (Zones AE) With Established Base Flood Elevations Without Designated Floodways

Located within the Areas of Special Flood Hazard established in Section 11-4-110 B, where streams with base flood elevations are provided but no floodways have been designated, (Zones AE) the following provisions apply:

1.

No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

2.

New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with Section 11-4-130 B.

E.

Standards for Areas of Shallow Flooding (AO Zones)

Areas of Special Flood Hazard established in Section 11-4-110 B, 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. The following provisions apply:

1.

All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three (3) feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 11-4-130 A.4, Elevated Buildings.

The Administrator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

2.

New construction or the substantial improvement of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one (1) foot, above 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 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 official as set forth above and as required in Sections 11-4-120 B.1.c and 11-4-120 B.2.

3.

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

F.

Standards for Subdivisions and/or Development Proposals

1.

All subdivision and/or development proposals shall be consistent with the need to minimize flood damage and shall be reasonably safe from flooding;

2.

All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

3.

All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards, and;

4.

For subdivisions and/or developments greater than fifty (50) lots or five (5) acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR.

G.

Standards for Critical Facilities

1.

Critical facilities shall not be located in the 100-year floodplain or the 500-year floodplain.

2.

All ingress and egress from any critical facility must be protected to the 500-year flood elevation.

A.

The Board of Appeals as established by Walton County shall hear and decide requests for appeals or variance from the requirements of this Ordinance.

B.

The Board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Walton County Planning and Development Department in the enforcement or administration of this Ordinance.

C.

Any person aggrieved by the decision of the Board of Appeals may appeal such decision to the Superior Court of Walton 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 is the minimum 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 Article 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 Board of Appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this Ordinance.

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, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

2.

The provisions of this Ordinance are minimum standards for flood loss reduction; therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a 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 applicant 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 resulting from the reduced lowest floor elevation.

4.

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

I.

Upon consideration of the factors listed above and the purposes of this Ordinance, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.

Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application.

Accessory Structure means a structure having minimal value and used for parking, storage and other non-habitable uses, such as garages, carports, storage sheds, pole barns, hay sheds and the like.

Addition (to an Existing Building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "New Construction."

Appeal means a request for a review of the Planning and Development Director or their designee's interpretation of any provision of this Ordinance.

Area of Shallow Flooding means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of Special Flood Hazard is the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Section 11-4-130 B.

Base Flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE) The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.

Basement means that portion of a building having its floor sub grade (below ground level) on all sides.

Building, see definition for "structure."

Critical Facility means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include:

1.

Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials;

2.

Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events;

3.

Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and

4.

Generating plants, and other principal points of utility lines.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment.

Elevated Building means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

*Existing Construction means for the purposes of determining rates, structures for which the "start of construction" commenced before February 16, 1990.

*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 final site grading or the pouring of concrete pads) is completed before February 16, 1990.

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.

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 Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.

Flood Insurance Rate Map (FIRM) means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood Insurance Study the official report by the Federal Emergency Management Agency evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

Floodplain means any land area susceptible to flooding.

Flood proofing, means any combination of structural and non-structural 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 means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to construction, adjacent 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 Ordinance.

Manufactured Home means a building, transportable in one or more sections built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park 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.

Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

*New Construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced after February 16, 1990 and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced after February 16, 1990 and includes any subsequent improvements to such structures.

*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 after February 16, 1990.

North American Vertical Datum (NAVD) has replaced the National Geodetic Vertical Datum of 1929 in existing and future FEMA Flood Modernization Maps.

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 a 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.

Start of Construction means the date the development 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 the division of a single lot into two (2) or more lots for the purpose of sale or development.

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 reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the "start of construction" of the improvement. NOTE: The market value of the structure should be (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 (1) those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions and which have been identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project, or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Substantially Improved Existing Manufactured Home Parks or Subdivisions 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 Ordinance, which permits construction in a manner otherwise prohibited by this Ordinance.

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, or other certifications, or other evidence of compliance required by this Ordinance is presumed to be in violation until such time as that documentation is provided.

(9-13-2022)

If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.

(9-13-2022)

The purpose of this Article is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements for the construction and maintenance of dams.

Any development or land disturbing activity that involves a property that is proposed to contain a dam shall comply with the provisions of this Article as well as all other provisions of this Ordinance.

A.

Dams proposed to be twenty-five (25) feet or more in height or proposed to have an impounding capacity of one hundred (100) acre-feet or more at maximum water storage elevation shall be subject to the following:

1.

The design and construction of any new dam shall be subject to the requirements of the Georgia Safe Dams Act and Rules for Dam Safety adopted by the Georgia Department of Natural Resources. The developer shall obtain necessary approvals and permits from the Environmental Protection Division of the Georgia Department of Natural Resources for the project and the dam prior to securing a Development Permit from the Department.

2.

The Developer shall provide a dam breach analysis, prepared by a Registered Professional Engineer, utilizing the computer model entitled "DAMBRK." The dam breach analysis shall be reviewed by the County for potential impacts to downstream properties. The Applicant may be required to obtain dam breach easements, if in the opinion of Walton County, potential adverse impacts to downstream properties exist.

3.

Prior to recording of a Final Plat or issuance of a Certificate of Occupancy, as appropriate, an as-built certification from a registered professional engineer shall be submitted to the Department. The certification shall state that the dam is constructed in accordance with the provisions of these regulations as well as the authorized construction plans. If the project is for the development of a subdivision, the developer shall also establish a legal entity, acceptable to the County, such as a mandatory Property Owners Association, prior to approval of the Final Plat, responsible for the maintenance of the dam and its impoundment.

B.

Dams proposed to be nine (9) feet or more in height, but less than twenty-five (25) feet in height, in combination with an impounding capacity proposed to be twenty (20) acre-feet or more at maximum water storage elevation, but less than one hundred (100) acre-feet, shall be subject to the following:

1.

If the developer elects not to construct the new dam to the design standards for new dams as contained in the Rules for Dam Safety, then a dam breach analysis for the dam shall be submitted with the construction plans for review and authorization prior to securing a Development Permit from the Department. The design engineer shall utilize the computer model entitled "DAMBRK" for the dam breach analysis.

2.

Should the new dam not meet the design standards for new dams as contained in the Rules for Dam Safety, then only the following uses and structures shall be permitted within the dam breach zone:

a.

Agriculture which requires no structures for human habitation within the dam breach zone including forestry, livestock raising, and agricultural and forestry access roads.

b.

Fences.

c.

Outdoor advertising signs provided they are located no closer than 100-feet from any residence or place of business.

d.

Roads, driveways and parking areas.

e.

Utility poles, towers, pipelines, water treatment outfalls and facilities, or similar facilities and structures.

3.

If the developer elects to construct the new dam in accordance with the design standards for new dams as contained in the Rules for Dam Safety, then new development shall be permitted within the dam breach zone. However, the dam shall meet the design standards for new dams as contained in the Rules for Dam Safety if development currently exists or is proposed in the dam breach zone.

4.

Construction plans for new dams defined herein shall be submitted to Walton County for review for the project and the dam prior to securing a Development Permit from the Department.

5.

For any dam that is proposed not to meet the design standards for new dams as contained in the Rules for Dam Safety, the developer shall obtain a dam breach easement, recorded with the Clerk of Superior Court, from any offsite property owner where it is proposed for the dam breach zone to extend off the property where the dam is being constructed. The developer shall also cause a dam breach easement to be recorded upon the property being developed.

6.

Prior to recording of a Final Plat or issuance of a Certificate of Occupancy, as appropriate, an as-built certification from a registered professional engineer shall be submitted to the Department. The certification shall state that the dam is constructed in accordance with the provisions of these regulations as well as the authorized construction plans. If the project is for the development of a subdivision, the developer shall also establish a legal entity, acceptable to Walton County, such as a mandatory Property Owners Association, at time of recording of the Final Plat, responsible for the maintenance of the dam and its impoundment.

Existing dams that are located on a project site and will remain after construction is complete, shall comply with the provisions of this Part and all referenced articles as if they were new dams.

When an existing Category II dam may be reclassified to a Category I dam because of a proposed development downstream of the dam, the following shall be provided by the developer for review by the Georgia Safe Dams Program.

A.

Location of the Category II dam and the proposed development; and

B.

A surveyed cross-section of the stream valley at the location of the proposed development including finished floor elevations; and

C.

A dam breach analysis using the Dambreak computer model to establish the height of the floodwave in the downstream floodplain. The Dambreak modeling shall be completed in accordance with the Safe Dams Program Quality Assurance Program by a qualified registered engineer.

A.

Purpose and Intent

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

1.

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

2.

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

B.

Applicability

This ordinance shall apply to all public and private property within Walton County, Georgia.

C.

Compatibility with Other Regulations

This ordinance 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 Ordinance should be considered minimum requirements, and where any provision of this Ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

D.

Severability

If the provisions of any article, subsection, paragraph, subdivision or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Ordinance.

Egregious Litter: All litter, as such term is defined in this article, exceeding ten (10) pounds in weight or fifteen (15) cubic feet in volume; any discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance; or any substance or material dumped for commercial purposes.

Litter: Slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, discarded materials of every kind and description or paper products of every kind and description including, but not limited to, advertising materials, newspapers, promotional papers, letters, bills, publications, or other writings.

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

Rubbish: Discarded wastepaper, cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances, metals, cans, glass, crockery, and/or similar materials.

Trash: Combustible and noncombustible waste material, except garbage, including paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, bricks, lumber, concrete, mineral matter, glass, crockery, and including the residue from the burning of wood, coal, coke or other combustible material.

(Ord. No. OA24060019-5, 11-5-2024)

A.

It shall be unlawful for any person or persons, whether the owner of such property or not, to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, burning or leaving of litter on any public or private property in Walton County or any waters in Walton County unless:

1.

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

2.

The litter is placed into a receptacle or container installed on such property in such a manner as to prevent it from being carried and deposited by the elements upon any public or private property.

B.

It shall further be unlawful for the owner or occupant of any single-family dwelling to allow grass, weeds or uncultivated vegetation in the exterior yards surrounding the dwelling to obtain a height in excess of twelve (12) inches. Heavily wooded lots where equipment cannot maneuver on the lot because of density are exempt from this Section. Also exempt are legitimate agricultural uses including, but not limited to: hayfields, pastures and gardens.

C.

It shall be unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit, in or on any private property, county road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping.

(Ord. No. OA24060019-5, 11-5-2024)

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

All construction and demolition contractors shall provide on-site solid wastes receptacles, bulk containers, or detachable containers for loose debris, paper, building material waste, scrap construction/demolition wastes, and other trash produced by those working at the construction site. The site shall be kept in as litter-free condition as reasonably practicable. Building material originating from private property preliminary to, during or subsequent to the construction of new building, alterations or additions to an existing building of whatever type or from demolition of existing structures shall be removed by the owner of the property or by the contractor. All solid wastes from construction and related activities shall be kept on site in such a manner as to eliminate wind-driven debris and unsightly litter in and about the site.

(4-1-2014)

Whenever any building or structure is partially burned, the owner or person in control shall, within thirty (30) days after completion of the scene investigation by the Fire Department and/or insurer of the property, remove from the premises all refuse, debris, and all charred and partially burned lumber and material. If such building or structure shall be burned to such an extent that it is rendered incapable of being repaired, the owner or person in control shall, within sixty (60) days after completion of the scene investigation by the Fire Department and/or insurer of the property, remove from the premises all the remaining portion of the building or structure. If the building or structure is to be repaired or demolished, a permit shall be obtained, and work shall begin within sixty (60) days after completion of the scene investigation by the Fire Department and/or insurer of the property and shall be completed within one (1) year from the date a permit is obtained.

(Ord. No. OA24060019-5, 11-5-2024)

Editor's note— Ord. No. OA24060019-5, adopted Nov. 5, 2024, added provisions to the Code, but did not specify manner of inclusion. Therefore, at the discretion of the editor, said provisions have been included as § 11-6-140.5 herein.

A.

Violations

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

B.

Evidence

1.

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

2.

Except as provided in Subsection 1, whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this Ordinance is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writings which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be prima facie evidence that such person has violated this Ordinance.

C.

Conviction and Penalties

Any person who violates this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:

1.

By the imposition of a fine not to exceed one thousand dollars ($1,000.00), by imprisonment in the county jail for a period of time not to exceed sixty (60) days, or by both such fine and imprisonment; provided however that each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder; and

2.

In addition to the fine set out in Subsection 1 above, the violator shall reimburse Walton County for the reasonable cost of removing the litter when the litter is, or is ordered, removed by Walton County, and for the maintenance of the grass, weeds or uncultivated vegetation when the grass, weeds or uncultivated vegetation is or is ordered maintained by the County; and

3.

In addition to the fine set out in Subsection 1 above, the court may order the violator to pick up and remove the litter when the litter is located on the violator's property and to maintain the grass, weeds or uncultivated vegetation on the violator's property; and

4.

In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right-of-way for a distance not to exceed one (1) mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution or sentence; and

5.

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

6.

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

D.

Removal by the County

1.

Notice to Remove and Hearing

a.

In addition to the available penalties listed in Section C above, if the property at issue is unoccupied, vacant or abandoned, the owner of the offending property shall be notified and requested to cause the condition to be remedied. The notice shall consist of both a physical posting on the property in the name of the property owner and by certified mail or personal delivery to the owner or owners as their names and addresses are shown on the tax records of Walton County. Notice shall be deemed complete and sufficient when so physically posted and personally delivered or mailed.

b.

The required notice shall contain the following:

(i)

Names and addresses of the owners of the property, according to the public records of Walton County;

(ii)

Location of the property on which the violation exists;

(iii)

Statement that a violation of this Article has been determined to exist on the property, which violation constitutes a public nuisance;

(iv)

Description of the condition which causes the property to be in violation of this Article;

(v)

Requirement that the owners of the property remedy the violation within thirty (30) calendar days from the date of notice, failing which the County will remedy the condition and assess against the record title owners all the costs thereof plus interest;

(vi)

Statement that the charge for any work done by the County will be included on the owners' next regular tax bill, and if the costs are not paid by the time that bill becomes due, a lien will be placed on the property for the amount due plus accrued interest.

(vii)

Schedule of the charges which may be assessed against the record owners if the County is forced to remedy the violation, along with a good-faith estimate of the total cost for such remedy; and

(viii)

Statement that the record owners of the property may, within thirty (30) calendar days from the date of the notice, make a written request for a hearing before the Board of Appeals for the purpose of showing that the cited condition does not constitute a violation.

c.

Within thirty (30) days from the date of the notice, the owner of the property may make a written request to the Board of Appeals for a hearing before that body to show that the condition does not constitute a public nuisance. Such request shall state the following:

(i)

Name of the property owner(s);

(ii)

Location of the cited property; and

(iii)

Grounds upon which the owner relies on to show that the cited condition does not constitute a public ordinance.

At the hearing, both the property owner and the County may introduce such evidence as deemed necessary.

2.

If after thirty (30) calendar days from the date of the notice, the owners have failed, neglected or refused to remedy the condition on the property or to request a hearing on the matter, Walton County is authorized and empowered to either remove the litter or pay for its removal at the expense of the property owners and to either maintain the grass, weeds or uncultivated vegetation or pay for the maintenance at the expense of the property owners.

3.

When Walton County has removed the litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of eight percent (8%) per annum from the date of completion of the work if not paid by such owners prior thereto, shall be charged to the owners of such property on the next regular tax bill forwarded to such property owners by the County and such charge shall be due and payable by such owners at the time of payment of such bill.

4.

Where the full amount due Walton County is not paid by such owners in accordance with Subsection 3 above, the County shall cause to be filed in the office of the Clerk of Superior Court a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which such work was done. Said sworn statement shall be recorded among the public records of Walton County and shall be prima facie evidence that all legal formalities have been complied with. The recordation of such sworn statement shall constitute a lien on the property and shall remain in full force and effect until final payment has been paid. Such lien shall be in favor of Walton County, and may be satisfied at any time by payment thereof including accrued interest.

E.

Enforcement

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

A.

It shall be unlawful for any persons to make, continue or cause to be made or continued any loud, unnecessary or unusual sound or noise which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the county, and in addition, to be unlawful, the sound or noise must be audible to a person of normal hearing ability more than two hundred (200) feet from the point of origin of this sound or noise.

B.

The following acts among others are declared to be loud, disturbing and unnecessary sounds or noises in violation of this section, but this enumeration shall not be deemed to be exclusive:

1.

Pile drivers, hammers, and similar equipment. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by unreasonably loud or unusual sounds or noises is prohibited.

2.

Recreational Vehicles, blowers and engines. The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes noises due to the explosion of operating gases or fluids is prohibited unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device reasonably sufficient to deaden the noise.

3.

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine is prohibited except through a muffler or other device which will effectively prevent loud or explosive noises there from.

4.

Loudspeakers, amplifiers for advertising. The using or operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure is prohibited. Announcements over loudspeakers shall only be made by the announcer in person and without the aid of any mechanical device.

5.

Construction or repair of buildings. The erection, excavating, demolition, alteration or repair or any building, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends, is hereby prohibited; except that the building inspector may determine when the loss of inconvenience that would result to any party in interest is of such a nature as to warrant special consideration, then the building inspector may grant a permit for a period not to exceed ten (10) days or less for this work to be done between the hours of 10:00 p.m. and 7:00 a.m.

Table 100-1, the Table of Maximum Permitted Sound Levels, below establishes the maximum permissible noise levels for authorized conditional and permitted commercial uses in the A1, A2, B1, B2, and M1 districts. Upon determination by the Director, any such business is emitting noise levels which appear to exceed those limits as listed below, the property owner shall be required to provide the Department with decibel readings obtained by a certified professional in accordance with the following:

Measurements shall be taken at the boundary line of the lot on which the use is located, and, as indicated, the maximum permissible nose levels vary according to the zoning of the lot adjacent to the lot on which the A1, A2, B1, B2, or M1 use is located. A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level sound louder or softer to the human ear depending upon the frequency of the sound wave in cycles-per-second (i.e., whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this Section. Accordingly, all measurements are expressed in dB (A) to reflect the use of this A-weighted filter. The standards established in the Table set forth in Table 1 below are expressed in terms of the Equivalent Sound Level (Leq), which must be calculated by taking one hundred (100) instantaneous A-weighted sound levels at ten-second intervals and computing the Leq. both in accordance with a noise measurement data sheet and a computational work sheet which shall be promulgated by the Director. Table 100-1, the Table of Maximum Permitted Sound Levels, dB (A) is as follows:

Impact noises generated by sources that do not operate more than one (1) minute in any one-hour period are permissible up to a level of ten (10) dB(a) in excess of the figures listed in Table 100-1 above, except that this higher level of permissible noise shall not be measured using the fast response of the sound level meter. Noise resulting from emergency signaling devices, refuse collection vehicles and other public service operations shall be exempt from the requirements of this section. Sound level shall be measured with a sound meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.

C.

Provided, that the provisions of this section shall not apply to or be enforced against:

1.

Any necessary public business or project;

2.

Excavations or repairs of streets by or on behalf of the county or state at night when public welfare and convenience renders it impossible to perform this work during the day; or

3.

The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.

(12-6-2005)

The purpose of this Ordinance is to provide for the health, safety, and general welfare of the citizens of Walton County, Georgia through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Ordinance are:

1.

To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user.

2.

To prohibit Illegal connections and Discharges to the municipal separate storm sewer system.

3.

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

(4-6-2004)

For the purposes of this Ordinance, the following shall mean:

Accidental Discharge: A discharge prohibited by this Ordinance which occurs by chance and without planning or thought prior to occurrence.

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

Construction Activity: 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.

Illegal Connection: Means either of the following:

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 of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or

a.

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

Illicit Discharge: Any direct or indirect non-stormwater discharge to the Walton County separate storm sewer system, except as exempted in Section 11-8-160 of this Ordinance.

Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14).

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: 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: Any discharge to the storm drain system that is not composed entirely of stormwater.

Person: Except to the extent exempted from this Ordinance, 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.

Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; 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; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution: 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: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

State Waters: 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.

Stormwater Runoff or Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Structural Stormwater Control: A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

Walton County Separate Storm Sewer System: Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, Walton County 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 county;

2.

Not a combined sewer; and

3.

Not part of a publicly-owned treatment works.

(11-4-2008)

This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

(4-6-2004)

The Walton County Planning and Development Department shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency.

(4-6-2004)

The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance 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 Ordinance.

(4-6-2004)

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

(4-6-2004)

A.

Prohibition of Illicit Discharges

No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.

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 Ordinance: water line flushing 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 de-watering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if de-chlorinated—typically less than one PPM chlorine), firefighting 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.

4.

The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of 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

1.

The construction, use, maintenance or continued existence of Illegal connections to the storm drain system is prohibited.

2.

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

3.

A person is considered to be in violation of this Ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(4-6-2004)

A.

Suspension due to Illicit Discharges in Emergency Situations

The Walton County Planning and Development Department may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons.

B.

Suspension due to the Detection of Illicit Discharge

Any person discharging to the MS4 in violation of this Ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.

A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency.

(4-6-2004)

Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Walton County Planning and Development Department prior to the allowing of discharges to the MS4.

(4-6-2004)

A.

Applicability

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

B.

Access to Facilities

1.

The Walton County Planning and Development Department shall be permitted to enter and inspect facilities subject to regulation under this Ordinance as often as may be necessary to determine compliance with this Ordinance. 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 allow access to representatives of the authorized enforcement agency.

2.

Facility operators shall allow the Walton County Planning and Development Department ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

3.

Walton County Planning and Development Department 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 storm water discharge.

4.

The Walton County Planning and Development Department has the right to require the discharger to install monitoring equipment as necessary. 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 facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Walton County Planning and Development Department and shall not be replaced. The costs of clearing such access shall be borne by the operator.

6.

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

7.

If the Walton County Planning and Development Department has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, 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 Ordinance 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.

(4-6-2004)

The Walton County Planning and Development Department will adopt requirements identifying Best Management Practices for any activity, operation, or facility, which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. 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 premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance 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.

(4-6-2004)

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.

(4-6-2004)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Walton County Planning and Development Department within three (3) business days of the phone 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.

(4-6-2004)

A.

Notice of Violation

Whenever the Walton County Planning and Development Department finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

1.

The performance of monitoring, analyses, and reporting;

2.

The elimination of illicit connections or discharges;

3.

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

4.

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

5.

Payment of a fine to cover administrative and remediation costs; and

6.

The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise 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 thereof shall be charged to the violator.

(4-6-2004)

Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.

(4-6-2004)

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 municipal authority 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 premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

(4-6-2004)

Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

Any person violating any of the provisions of this article shall become liable to the County by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of eight percent (8%) per annum shall be assessed on the balance beginning on the fifth day following discovery of the violation.

(4-6-2004)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this Ordinance, the authorized enforcement agency may petition 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.

(4-6-2004)

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

(4-6-2004)

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 Ordinance 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.

(4-6-2004)

Any person that has violated or continues to violate this Ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of one hundred dollars ($100.00) dollars per violation per day and/or imprisonment for a period of time not to exceed the maximum penalties specified in O.C.G.A. § 36-1-20. The authorized enforcement agency may recover all attorneys' fees court costs and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses.

(4-6-2004)

The remedies listed in this Ordinance 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.

(4-6-2004)

This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption. All prior ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

(4-6-2004)

A.

Building materials, litter, sanitary waste, and other construction site wastes must be properly managed and disposed of to reduce the risk of pollution from materials such as surplus or refuse building materials or hazardous wastes.

B.

Practices such as trash disposal, recycling, proper material handling, and spill prevention and cleanup measures must be implemented to reduce the potential for storm water runoff to mobilize construction site wastes and contaminate surface or ground water.

C.

The proper management and disposal of wastes should be practiced at all construction sites to reduce storm water runoff.

1.

Waste management practices must be used to properly locate refuse piles.

2.

Cover materials that may be displaced by rainfall or storm water runoff.

3.

Prevent all spill and leaks of hazardous wastes.

D.

Guidelines for proper handling, storage, and disposal of construction site wastes must be posted in storage and use areas on site.

A.

Designate a waste collection area onsite that does not receive a substantial amount of runoff from upland areas and does not drain directly to a waterbody.

B.

Ensure that containers have lids so they can be covered before periods of rain. Keep containers in a covered area whenever possible.

C.

Schedule waste collection to prevent the containers from overfilling.

D.

Clean up spills immediately. For hazardous materials, follow cleanup instructions on the package. Use an absorbent material such as sawdust or kitty litter to contain the spill.

1.

During the demolition phase of construction, provide extra containers and schedule more frequent pickups.

2.

Collect, remove, and dispose of all construction site wastes at authorized disposal areas.

A.

Steps must be taken to ensure the proper disposal of hazardous materials:

1.

Local waste management authorities must be consulted about the requirements for disposing of hazardous materials.

2.

A hazardous waste container must be emptied and cleaned before it is disposed of to prevent leaks.

3.

The original product label must never be removed from the container as it contains important safety information. Follow manufacturer's recommended method of disposal, which should be printed on the label.

4.

If excess products need to be disposed of, they must never be mixed during disposal unless specifically recommended by the manufacturer.

B.

Consult State or local solid waste regulatory agencies or private firms to ensure the proper disposal of contaminated soils that have been exposed to and still contain hazardous substances.

C.

The following practices must be used to reduce risks associated with pesticides or to reduce the amount of pesticides that come in contact with storm water:

1.

Follow all federal, state, and local regulations that apply to the use, handling, or disposal of pesticides.

2.

Do not handle the materials any more than necessary.

3.

Store pesticides in a dry, covered area.

4.

Construct curbs or dikes to contain pesticides in case of spillage.

5.

Follow the recommended application rates and methods.

6.

Have equipment and absorbent materials available in areas where pesticides are stored and used in order to contain and clean up any spills that occur.

D.

The following management practices must be followed to reduce the contamination risk associated with petroleum products:

1.

Store petroleum products and fuel for vehicles in covered areas with dikes in place to contain any spills.

2.

Immediately contain and clean up any spills with absorbent materials.

3.

Have equipment available in fuel storage areas and in vehicles to contain and clean up spills.

A.

Containers or equipment that may malfunction and cause leaks or spills must be identified through regular inspection of storage and use areas.

B.

Equipment and containers must be inspected regularly for leaks, corrosion, support or foundation failure, or any other signs of deterioration and should be tested for soundness. Any found to be defective must be repaired or replaced immediately.

A.

Maintenance and washing of vehicles should be conducted using environmentally responsible practices to prevent direct, untreated discharges of nutrient-enriched wastewater or hazardous wastes to surface or ground waters.

B.

Designate covered, paved areas for maintenance and washing activities. Eliminate improper connections from these areas to the storm drain system.

C.

Siting and design considerations:

1.

Construction vehicles must be inspected for leaks daily and repaired immediately. All used automotive-related chemicals must be disposed of as directed by the manufacturer.

2.

Special paved areas must be designated for vehicle repair and a separate vehicle washing area in which runoff and wastewater from these areas is directed to the sanitary sewer system or other treatment facility as industrial process waste.

3.

Only biodegradable products must be used. They must not contain halogenated solvents.

4.

Washing areas must be clearly marked and workers should be informed that all washing must occur in this area. No other activities, such as vehicle repairs, are to be conducted in the wash area.

5.

The wash area must be bermed and covered to prevent contamination of runoff from pollutants.

(7-6-2004)

This ordinance shall be known as the "Walton County Stream Buffer Protection Ordinance."

(5-1-2007)

A.

Findings

Whereas, the Board of Commissioners of Walton County, Georgia finds that buffers adjacent to streams provide numerous benefits including:

1.

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

2.

Removing pollutants delivered in urban stormwater

3.

Reducing erosion and controlling sedimentation

4.

Protecting and stabilizing stream banks

5.

Providing for infiltration of stormwater runoff

6.

Maintaining base flow of streams

7.

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

8.

Providing tree canopy to shade streams and promote desirable aquatic habitat

9.

Providing riparian wildlife habitat

10.

Furnishing scenic value and recreational opportunity

11.

Providing opportunities for the protection and restoration of greenspace.

B.

Purposes

It is the purpose of this Ordinance 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 Walton County 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: With respect to a stream, a natural or enhanced vegetated area (established by [Section 11-10-150 A] below), lying adjacent to the stream.

Floodplain: 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.

Impervious Cover: 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.

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

Land Development Activity: Those actions or activities which comprise, facilitate or result in land development.

Land Disturbance: 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: Those actions or activities which comprise, facilitate or result in land disturbance.

Parcel: Any plot, lot or acreage shown as a unit on the latest county tax assessment records.

Permit: The permit issued by the Walton County Planning and Development Department required for undertaking any land development activity.

Person: 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: With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

Riparian: Belonging or related to the bank of a river, stream, lake, pond, or impoundment.

Setback: With respect to a stream, the area established by Section 11-10-150 A.2 extending beyond any buffer applicable to the stream.

Stream: Any stream, beginning at:

The location of a spring, seep, or groundwater outflow that sustains stream flow; or a point in the stream channel with a drainage area of twenty-five (25) acres or more; or Where evidence indicates the presence of a stream in a drainage area of other than twenty-five (25) acres, the Walton County Planning and Development Department may require field studies to verify the existence of a stream.

Stream Bank: The sloping land that contains the stream channel and the normal flows of the stream.

Stream Channel: The portion of a watercourse that contains the base flow of the stream.

Watershed: The land area that drains into a particular stream.

This ordinance shall apply to all land development activity on property containing a stream protection area as defined in [Section 11-10-130] of this Ordinance. 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 ordinance 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 this Ordinance.

2.

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

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 this Ordinance.

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 this Ordinance.

B.

Exemptions

The following specific activities are exempt from this Ordinance. 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 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;

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 Subsection B.1, above.

3.

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

4.

Within an easement of any utility existing at the time this Ordinance takes effect or approved under the terms of this Ordinance, 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 Walton County Planning and Development Department 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 Walton County Planning and Development Department 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 by 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 this Ordinance, it shall apply to new subdividing and platting activities.

Any land development activity with a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 11-10-150 B below.

A.

Buffer and Setback Requirements

All land development activity subject to this Ordinance 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. Native vegetation shall be used whenever possible to revegetate any stream buffer.

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 this Ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this Ordinance, and the Walton County Planning and Development Department finds and determines that the requirements of this Ordinance prohibit the otherwise lawful use of the property by the owner, the Board of Appeals of Walton County, Georgia 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 Board of Appeals of Walton County, Georgia shall grant no variance from any provision of this Ordinance without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board of Appeals. Walton County shall give public notice of each such public hearing in a newspaper of general circulation within Walton County. Walton County shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

Variances will be considered only in the following cases:

a.

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

b.

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

Variances will not be considered when, following adoption of this Ordinance, actions of any property owner of a given property have created conditions of a hardship on that property.

3.

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

a.

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

b.

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

c.

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

d.

Documentation of unusual hardship should the buffer be maintained;

e.

At least one (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.

4.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

This ordinance 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 Ordinance should be considered minimum requirements, and where any provision of this Ordinance 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; and

3.

Any other documentation that the Walton County Planning and Development Department may reasonably deem necessary for review of the application and to ensure 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 Ordinance 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 Walton County, its officers or employees, for injury or damage to persons or property.

The Walton County Planning and Development Department 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 Walton County Planning and Development Department in making such inspections. Walton County shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance, and for this purpose of investigating and inspecting the sites of any land development activities within the protection area.

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 Ordinance 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 Walton County Planning and Development Department 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 Ordinance, 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 Ordinance without having first secured the appropriate permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

The notice of violation shall contain:

1.

The name and address of the owner or 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 approved site plan or this Ordinance, and the date for the completion of such remedial action;

5.

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

6.

A statement that the determination of violation may be appealed to the Walton County Planning and Development Department 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 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 Walton County Planning and Development Department shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten (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 Walton County Planning and Development Department may take any one or more of the following actions or impose any one or more of the following penalties:

1.

Stop Work Order — The Walton County Planning and Development Department 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 Walton County Planning and Development Department may refuse to issue a Certificate of Occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

3.

Suspension, Revocation or Modification of Permit — The Walton County Planning and Development Department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Walton County Planning and Development Department 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 Walton County Planning and Development Department 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 Walton County Planning and Development Department has taken one or more of the actions described above, the Walton County Planning and Development 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.

5.

Criminal Penalties — For intentional and flagrant violations of this Ordinance, the Walton County Planning and Development Department may issue a citation to the applicant or other responsible person, requiring such person to appear in Magistrate Court 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.

A.

Administrative Appeal

Any person aggrieved by a decision or order of the Walton County Planning and Development Department may appeal in writing within ten (10) days after the issuance of such decision or order to the Board of Appeals of Walton County, Georgia and shall be entitled to a hearing before the Board of Appeals of Walton County within forty-five (45) days of receipt of the written appeal.

B.

Judicial Review

Any person aggrieved by a decision or order of the Walton County Planning and Development Department after exhausting all administrative remedies, shall have the right to appeal de novo to the Superior Court of Walton County, Georgia.

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

It is hereby determined that:

Land development projects and other land use conversions, and their associated changes to land cover, permanently alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion, and sediment transport and deposition;

Land development projects and other land use conversions also contribute to increased nonpoint source pollution and degradation of receiving waters;

The impacts of post-development stormwater runoff quantity and quality can adversely affect public safety, public and private property, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;

These adverse impacts can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new development and redevelopment, by the use of both structural facilities as well as nonstructural measures, such as the conservation of open space and greenspace areas. The preservation and protection of natural area and greenspace for stormwater management benefits is encouraged through the use of incentives or "credits." The Georgia Greenspace Program provides a mechanism for the preservation and coordination of those greenspace areas which provide stormwater management quality and quantity benefits;

Localities in the State of Georgia are required to comply with a number of both State and Federal laws, regulations and permits which require a locality to address the impacts of post-development stormwater runoff quality and nonpoint source pollution;

Therefore, Walton County has established this set of stormwater management policies to provide reasonable guidance for the regulation of post-development stormwater runoff for the purpose of protecting local water resources from degradation. It has determined that it is in the public interest to regulate post-development stormwater runoff discharges in order to control and minimize increases in stormwater runoff rates and volumes, post-construction soil erosion and sedimentation, stream channel erosion, and nonpoint source pollution associated with post-development stormwater runoff.

(11-4-2008)

A.

Purpose and Intent

The purpose of this Ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. It has been determined that proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. This ordinance seeks to meet that purpose through the following objectives:

1.

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

2.

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

3.

Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;

4.

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

5.

Encourage the use of nonstructural stormwater management and stormwater better site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable. Coordinate site design plans, which include greenspace, with the county's greenspace protection plan;

6.

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

7.

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

B.

Applicability

1.

This ordinance shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection 2 below. These standards apply to any new development or redevelopment site that meets one or more of the following criteria:

a.

New development that involves the creation of five thousand (5,000) square feet or more of impervious cover, or that involves other land development activities of one (1) acre or more;

b.

Redevelopment that includes the creation, addition or replacement of five thousand (5,000) square feet or more of impervious cover, or that involves other land development activity of one (1) acre or more;

c.

Any new development or redevelopment, regardless of size, that is defined by the Director to be a hotspot land use; or,

d.

Land development activities that are smaller than the minimum applicability criteria set forth in items A and B above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

2.

The following activities are exempt from this Ordinance:

a.

Individual single-family or duplex residential lots that are not part of a subdivision or phased development project;

b.

Additions or modifications to existing single-family or duplex residential structures;

c.

Agricultural or silvicultural land management activities within areas zoned for these activities; and

d.

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

C.

Designation of Ordinance Administrator

The Director of the Planning and Development Department or designee is hereby appointed to administer and implement the provisions of this Ordinance.

D.

Compatibility with Other Regulations

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

E.

Severability

If the provisions of any section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this Ordinance.

F.

Stormwater Design Manual

Walton County will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda, for the proper implementation of the requirements of this Ordinance. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.

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

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

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

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

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

Developer means a person who undertakes land development activities.

Development means a land development or land development project.

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

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

Extended Detention means the detention of stormwater runoff for an extended period, typically twenty-four (24) hours or greater.

Extreme Flood Protection means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of one hundred (100) years or more. Flooding means a volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands.

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

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

Hydrologic Soil Group (HSG) means a Natural Resource Conservation Service classification system in which soils are categorized into four (4) runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

Impervious Cover means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface.

Industrial Stormwater Permit means a National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

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

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

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

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

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

Land Development Project means a discrete land development undertaking.

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

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

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

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

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

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

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

Permit means the permit issued by the Department of Planning and Development to the applicant which is required for undertaking any land development activity.

Person means, except to the extent exempted from this Ordinance, 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-development refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

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

Project means a land development project.

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

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

Runoff means stormwater runoff.

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

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

Stormwater Management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended 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 Management Facility means any infrastructure that controls or conveys stormwater runoff.

Stormwater Management Measure means any stormwater management facility or nonstructural stormwater practice.

Stormwater Management Plan means a document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this Ordinance.

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

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

Stormwater Runoff means the flow of surface water resulting from precipitation.

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

Subdivision means the division of a tract or parcel of land resulting in one 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.

A.

Permit Application Requirements

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

Unless specifically exempted by this Ordinance, any owner or developer proposing a land development activity shall submit to the Planning and Development Department a permit application on a form provided by the Planning and Development Department for that purpose.

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

1.

Stormwater concept plan and consultation meeting certification in accordance with Subsection "B" below;

2.

Stormwater management plan in accordance with Subsection "C" below;

3.

Inspection and maintenance agreement in accordance with Subsection "D" below, if applicable;

4.

Performance surety in accordance with Subsection "E" below, if applicable; and

5.

Permit application and plan review fees in accordance with Subsection "F" below.

B.

Stormwater Concept Plan and Consultation Meeting

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

To accomplish this goal the following information shall be included in the concept plan which shall be submitted in advance of the meeting:

1.

Existing Conditions/Proposed Site Plans

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

2.

Natural Resources Inventory

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

3.

Stormwater Management System Concept Plan

A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.

Local watershed plans, the Walton County greenspace projection plan (if applicable), and any relevant resource protection plans will be consulted in the discussion of the concept plan.

C.

Stormwater Management Plan Requirements

The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this Ordinance, including the performance criteria set forth in Section 11-11-130.

This plan shall be in accordance with the criteria established in this section 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. Section C, D, E and F shall be prepared under the direct supervisory control of a registered Professional Engineer, who shall seal and sign the work. Portions of the overall plan may be prepared and stamped by a registered Land Surveyor licensed in the State of Georgia as appropriate, such as boundary surveys, contour maps, erosion and sedimentation control plans.

The stormwater management plan must ensure that the requirements and criteria in this Ordinance are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. The plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the information required in the Stormwater Management Site Plan checklist found in the stormwater design manual. This includes:

1.

Common address and legal description of site

2.

Vicinity Map

3.

Existing Conditions Hydrologic Analysis

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

4.

Post-Development Hydrologic Analysis

The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in Section 11-11-130; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than fifty percent (50%) of the site area for the entire site, then the performance criteria in Section 11-11-130 must be met for the stormwater runoff from the entire site.

5.

Stormwater Management System

The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how the selected structural stormwater controls will be appropriate and effective; cross-section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Section 11-11-130; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and/or local greenspace protection plan.

6.

Post-Development Downstream Analysis

A downstream peak flow analysis which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is ten percent (10%) of the total basin area. In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes. The analysis shall be in accordance with the stormwater design manual.

7.

Construction-Phase Erosion and Sedimentation Control Plan

An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act, the Walton County Erosion and Sedimentation Ordinance, and the NPDES Permit for Construction Activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls.

8.

Landscaping and Open Space Plan

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

9.

Operations and Maintenance Plan

Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

10.

Maintenance Access Easements

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

11.

Inspection and Maintenance Agreements

Unless an on-site stormwater management facility or practice is dedicated to and accepted by Walton County as provided in Subsection "D" below, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance with Subsection "D" below.

12.

Evidence of Acquisition of Applicable Local and Non-local Permits

The applicant shall certify and provide documentation to the Planning and Development Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan.

D.

Stormwater Management Inspection and Maintenance Agreements

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

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

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

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

In addition to enforcing the terms of the inspection and maintenance agreement, Planning and Development Department may also enforce all of the provisions for ongoing inspection and maintenance in Section 11-11-150 of this Ordinance.

The Planning and Development Department, in lieu of an inspection and maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this Ordinance and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

E.

Performance Surety

1.

Stormwater management facilities shall be constructed before other clearing and grading activities unless the Director approves otherwise. The Director may allow limited construction only after the applicant has provided suitable performance surety.

2.

When required stormwater management facilities have not yet been constructed, and a valid performance surety is in effect, the Director may issue a maximum of five (5) building permits for construction within a residential development, provided that adequate temporary measures are in place to satisfy the intent of this Section.

3.

The performance surety or other securities shall not be released until the following requirements have been met:

a.

The Director, or designee, shall perform a final inspection of the facilities and determine that they have been constructed in compliance with the Stormwater Management Plan, and this Part.

b.

It has been determined that all provisions of the Stormwater Management Plan have been faithfully executed.

c.

A provision may be made for partial release of the amount of the surety pro-rata upon completion and acceptance of various stages of development as specifically delineated, described and scheduled in the Stormwater Management Plan. The applicant shall notify the Department upon completion of each stage that is ready for inspection.

F.

Application Procedure

1.

Applications for land development permits shall be filed with the Planning and Development Dept.

2.

Permit applications shall include the items set forth in Subsection "A" above (two (2) copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included).

3.

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

4.

If either the permit application, stormwater management plan or inspection and maintenance agreement are disapproved, the Planning and Development Department shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same, in which event Subparagraph 3 above and this subparagraph shall apply to such resubmittal.

5.

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

6.

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

a.

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

b.

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

c.

The Planning and Development Department shall be allowed to conduct periodic inspections of the project;

d.

No changes may be made to an approved plan without review and written approval by the Director, Planning and Development Department; and

e.

Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 11-11-140, Subsection "B."

G.

Application Review Fees

The fee for review of any stormwater management application shall be based on the fee structure established by the Planning and Development Department and shall be made prior to the issuance of any building permit for the development.

H.

Modifications for Off-Site Facilities

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

A stormwater management plan must be submitted to the Planning and Development Department which shows the adequacy of the off-site or regional facility.

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

1.

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

2.

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

3.

Accelerated streambank or streambed erosion or siltation;

4.

Degradation of in-stream biological functions or habitat; or

5.

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

The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this Ordinance:

A.

Water Quality

All stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:

1.

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

2.

Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual; and

3.

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

B.

Stream Channel Protection

Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three (3) approaches:

1.

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

2.

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

3.

Erosion prevention measures such as energy dissipation and velocity control.

C.

Overbank Flooding Protection

Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the one-year, 24-hour storm under Section 4.2 is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided.

D.

Extreme Flooding Protection

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

E.

Structural Stormwater Controls

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

Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control.

F.

Stormwater Credits for Nonstructural Measures

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

G.

Drainage System Guidelines

Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites and/or public rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one (1) parcel, existing or proposed, shall meet the following requirements:

1.

Methods to calculate stormwater flows shall be in accordance with the Georgia Stormwater Management Manual;

2.

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

3.

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

H.

Dam Design Guidelines

Any land disturbing activity that involves a site which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

A.

Inspections to Ensure Plan Compliance During Construction

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

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

1.

The date and location of the inspection;

2.

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

3.

Variations from the approved construction specifications; and

4.

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

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

B.

Final Inspection and As-Built Plans

Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant is responsible for certifying that the completed project is in accordance with the approved stormwater management plan. All applicants are required to submit actual "as built" plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a Professional Engineer. A final inspection by the Planning and Development Department is required before the release of any performance securities can occur.

A.

Long-Term Maintenance Inspection of Stormwater Facilities and Practices

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

A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Planning and Development Department shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement. The notice shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the Director of the Planning and Development Department may correct the violation provided in Subsection D hereof.

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

B.

Right-of-Entry for Inspection

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

C.

Records of Maintenance Activities

Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Planning and Development Dept.

D.

Failure to Maintain

If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, Walton County, after thirty (30) days written notice (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), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. Walton County may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorum tax bill for such property and collected in the ordinary manner for such taxes.

Any action or inaction which violates the provisions of this Ordinance 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. 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 stormwater management plan or the provisions of this Ordinance, 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 Ordinance without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

The notice of violation shall contain:

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 Ordinance and the date for the completion of such remedial action;

5.

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

6.

A statement that the determination of violation may be appealed to the Board of Appeals 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 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 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 Director may take any one or more of the following actions or impose any one or more of the following penalties.

1.

Stop Work Order — The 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 the necessary remedial measures to cure such violation or violations.

2.

Withhold Certificate of Occupancy — The 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 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 Director may deem necessary] to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

4.

Criminal Penalties — For intentional and flagrant violations of this Ordinance, the Director or designee may issue a citation to the applicant or other responsible person, requiring such person to appear in Magistrate court 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.