HomeMy WebLinkAbout2012-03-20-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
3/20/2012
5:00 PM
INVOCATION:
Reverend B. Otis Clark, Pastor, Jerusalem Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of the Month
A. Ms. Patricia L. Ystenes, Administrative Assistant, Fleet Management
Department, February Employee of the Month.
Attachments
Lucy C. Laney 2011-12 Men's Varsity Basketball Team
B. Congratulations! for capturing the Class AA Georgia State High
School Men's Basketball Championship in Macon, Georgia on March 10,
2012. (Requested by Commissioners Alvin Mason, J.R. Hatney and
Corey Johnson)
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
C. Update from Ms. Brinsley Thigpen, Executive Director of the Augusta
Sports Council regarding the operations, current and upcoming events of
the ASC. (Requested by Commissioner Matt Aitken)
Attachments
CONSENT AGENDA
(Items 1-29)
PLANNING
1. Z-12-17 – A request for concurrence with the Augusta Georgia Planning Attachments
Commission to approve a petition by Tameka Merritt, on behalf of
Doris Hope, requesting a Special Exception for the purpose
of establishing a Family Personal Care Home, per Section 26-1 (H) of
the Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing approximately .15 acres and known as 1728
Wrightsboro Road. (Tax Map 045-3-379-00-0) DISTRICT 1
2. Z-12-18 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the following condition 1) that the model
home meet all the criteria set forth in Section 8-2-F of the
Comprehensive Zoning Ordinance; a petition by Joseph F. Gulino, on
behalf of Bill Beazley Homes, requesting a Special Exception to
establish a sales office in Hayne Station subdivision per Section 8-2 (f)
affecting property containing .30 acres and is known as 3002 Hayne
Station Drive. (Tax Map 064-0-008-00-0) DISTRICT 3
Attachments
3. Z-12-21 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the following condition 1) that the only use
of the property be a family or group personal care home or those uses
allowed in the R-1A (One-family Residential) Zone; a petition by
Nancy M. Hall, on behalf of Bobby Page, requesting a change of zoning
from Zone R-1A (One-family Residential) toZone R-3B (Multiple-
family Residential) affecting property containing .23 acres and known
as 1814 Fairview Avenue. (Tax Map 070-1-066-00-0) DISTRICT 5
Attachments
4. Z-12-22 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a with the following condition 1) that the
developer will provide all off-site traffic signal equipment and fiber optic
connections as required by the Traffic Engineer; petition by WalMart
Real Estate Business Trust, on behalf of Chan K. Kim and Yon O. Kim,
et al, requesting a change of zoning from Zone R-3C (Multiple-family
Residential), Zone P-1 (Professional) and Zone B-1 (Neighborhood
Business) to Zone B-2 (General Business) affecting property
containing approximately 22 acres and contains multiple parcels
including 3336, 3338, 3340 and 3344 Wrightsboro Road. (Tax Map
041-4-101-00-0, 041-4-103-01-0, 041-4-103-00-0, 041-4-217-00-0 and
041-4-102-00-0) DISTRICT 3
Attachments
5. Z-12-23 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Charles E. Adams requesting a
Attachments
change of zoning from Zone R-1 (One-family Residential) to Zone R-
MH (Manufactured Home Residential) affecting property
containing .46 acres and is known as 2205 Cassell Street. (Tax Map
167-0-024-18-0) DISTRICT 6
6. Z-12-24 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by G. Eddie Faircloth, on behalf of
Augusta Transport and Land Clearing Inc,., requesting a change of
zoning from Zone B-2 (General Business) to Zone R-1C (One-family
Residential) affecting property containing approximately 4.9 acres and
is known as part of 2019 Ossabaw Drive and part of 2012 , 2014, 2016
and 2018 Ossabaw Drive. (Part of Tax Map 198-0-010-058-0, 198-2-
008-00-0, 198-2-009-00-0, 198-2-010-00-0 & 098-2-011-00-0)
DISTRICT 8
Attachments
7. Z-12-25 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Barney Dunstan, on behalf of
Byron Mangum et al, requesting a change of zoning from Zone A
(Agriculture) to Zone B-2 (General Business) affecting property
containing approximately 10.9 acres and is known as 677 Robinson
Avenue. (Tax Map 078-0-004-02-0 & part of 078-0-004-00-0)
DISTRICT 3
Attachments
8. Z-12-26 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the following condition 1) that all rear yard
buffer requirements of the Tree Ordinance shall be met along the
property line that abuts Columbia County; a petition by Barney Dunstan,
on behalf of Byron Mangum et al, requesting a change of zoning from
Zone A (Agriculture) to Zone R-3A (Multiple-family Residential)
affecting property located 200 feet, more or less, northeast of the
northeast right-of-way line of Robinson Avenue and being 400 feet,
more or less, northwest of Gordon Highway and containing
approximately 18 acres. (part of Tax Map 078-0-004-00-0 and 078-0-
004-03-0) DISTRICT 3
Attachments
9. Z-12-27 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Barney Dunstan, on behalf of
Byron Mangum et al, requesting a change of zoning from Zone A
(Agriculture) to Zone R-1A (One-family Residential) affecting
property located 2,130 feet, more or less, northeast of the northeast right-
Attachments
of-way line of Robinson Avenue and being 400 feet, more or less,
northwest of Gordon Highway and containing approximately .4 acres.
(part of Tax Map 078-0-004-03-0) DISTRICT 3
PUBLIC SERVICES
10. Motion to approve New Application: A. N. 12 - 11: request by
Sandikumar Patel for a retail package Liquor, Beer & Wine license to
be used in connection with H & S. Wine & Spirit located at 2545 A
Peach Orchard Rd. District 2. Super District 9. (Approved by Public
Services Committee March 12, 2012)
Attachments
11. Motion to approve the Capital Improvements Program Manager’s
recommendation to select Modern Business to supply and install the
furniture for the Augusta, Georgia Sheriff’s Office Building. (Approved
by Public Services Committee March 12, 2012)
Attachments
12. Motion to approve in accordance with the Augusta Aviation
Commission the approval of the First Amendment to the Augusta Lawn
& Turf Contract. (Approved by Public Services Committee March 12,
2012)
Attachments
13. Motion to approve the Augusta Regional Airport Memorandum of
Understanding with the Georgia State Patrol as approved by the Augusta
Aviation Commission at their February 26, 2012 meeting.(Approved by
Public Services Committee March 12, 2012)
Attachments
14. Motion to approve the three (3) year leases with Avis Budget Car Rental
Systems, LLC D/B/A Avis Rental Car Systems, LLC and Budget Rental-
Car-Systems, LLC as approved by the Augusta Aviation Commission at
their February 26, 2012 meeting. (Approved by Public Services
Committee March 12, 2012)
Attachments
15. Motion to approve amendments to Augusta-Richmond County Code,
Title 6, Chapter 5, by adding Sections 9 – 15, to provide regulations for
operating Food Trucks. (Approved by Public Services Committee
March 12, 2012)
Attachments
16. Motion to approve the quote from Modern Business in the amount of
$ 138,579.97 for the purchase of furniture for the new FBO currently
under construction with Choate Construction Company. (Approved by
Public Services Committee March 12, 2012)
Attachments
17. Motion to approve tasking the Administrator to meet with the
Hephzibah City Council regarding turning over the Jesse Carroll
Community Center to the City. (Approved by Public Services
Committee March 12, 2012)
Attachments
18. Motion to approve Change Order #2 to Potts Construction for providing
and installing the Low Voltage cabling, Security Access Control, MATV
and CCTV systems for the new Sheriff’s Office Building as requested by
the Owner. (Approved by Public Services Committee March 12,
2012)
Attachments
19. Motion to approve entering into a Mowing and Maintenance Agreement
with the State of Georgia, State Properties Commission, to maintain the
property located on Reynolds Street between 11th Street and 13th Street
as requested by Augusta Engineering Department. (Approved by Public
Services Committee March 12, 2012)
Attachments
20. Motion to approve a request from Southeastern Natural Sciences
Academy for roof replacement for the caretakers house with the
installation of a 30-year architectural shingle roof at a cost of up to
$6,000.00. (Approved by Public Services Committee March 12,
2012)
Attachments
21. Motion to approve the acceptance of the State of Georgia Grant for AIP
Project No. AP012-900045(245) in the amount of $12, 641.00 for the
purchase of the new Airport Rescue Fire Fighting Truck as accepted by
the Augusta Aviation Commission at their February 26, 2012 Meeting.
(Approved by Public Services Committee March 12, 2012)
Attachments
22. Motion to approve Design Change Order 2 that modifies the Standard
Form of Contract for professional service last dated October 7, 2011,
Attachments
between the Owner, Augusta, Georgia, a political subdivision of the
State of Georgia, acting by and through the Augusta-Richmond County
Commission; and the Architect: Johnson, Laschober & Associates, P.C.
, for the Professional Services know as Architectural Services for the
Webster Detention Center, Phase II , Augusta-Richmond County,
Georgia. (Approved by Public Services Committee March 12, 2012)
23. Motion to approve amendments to Augusta-Richmond County Code
Section 6-2, Alcoholic Beverages, so as to allow Sunday sales of package
malt beverage, wine and distilled spirits by retailers. (Approved
byPublic Services Committee March 12, 2012)
Attachments
FINANCE
24. Motion to approve coverage of Public Official Liability Insurance with
Landmark American Insurance company for $64,948 for April 19, 2012
to April 19, 2013. (Approved by Finance Committee March 12, 2012)
Attachments
25. Motion to approve disparity pay study of Augusta's firefighters and the
utilization of the Augusta Utilities' (Mr. Cook) compensation
specialist. (Approved by Finance Committee March 12, 2012)
Attachments
26. Motion to approve Supplemental Agreement to the FY 2012
Metropolitan Transportation Planning Services Contract. (Approved by
Finance Committee March 12, 2012)
Attachments
ENGINEERING SERVICES
27. Motion to approve adoption of the revised Soil Erosion, Sedimentation
and Pollution Control Ordinance as requested by AED. (Approved by
Engineering Services Committee March 12, 2012)
Attachments
28. Motion to approve Change Number Eleven and Supplemental
Agreement Eleven (CPB #323-04-299823766& #323-04-204823786) in
the amount of $94,923.00 for the Windsor Spring Road, Section IV &
Section V Reconstruction project to Jacobs Engineering Group,
Inc. Funding is available in the project account for the Engineering
Department. (Approved by Engineering Services Committee March
Attachments
12, 2012)
PETITIONS AND COMMUNICATIONS
29. Motion to approve the minutes of the regular meeting of the
Commission held March 6, 2012 and the Special Called Meeting held
on March 12, 2012.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
3/20/2012
AUGUSTA COMMISSION
REGULAR AGENDA
3/20/2012
(Items 30-37)
PLANNING
30. Z-12-20 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Bevelyn Clark, on behalf of
Douglas Clark, requesting a Special Exception for the purpose
of establishing a Family Personal Care Home, per Section 26-1 (H) of
the Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing .25 acres and known as 2662 Barclay Street. (Tax
Map 130-0-566-00-0) DISTRICT 4
Attachments
PUBLIC SERVICES
31. New Ownership Application: A. N. 12 - 12: A request by Manpreet K.
Makkar for a retail package Beer & Wine license to be used in
connection with NANHI, Inc., DBA B.C. Food Store located at 2749
Barton Chapel Rd. District 4. Suiper District 9. (No recommendation
from Public Services Committee March 12, 2012)
Attachments
32. Discussion: A request by Jan Scholer for a Special Event License for
April 4, 2012 thru April 7, 2012 (Masters Week) to be used in
connection with Wild Wings Cafe located at 3035 Washington Rd.
Attachments
District 7. Super District 10. (No recommendation from Public
Services Committee March 12, 2012)
ADMINISTRATIVE SERVICES
33. Approve an update of Augusta, Georgia's DBE Program for federally
assisted contracts in order to comply with the Department of
Transportation's program and update of the DBE rules. 49 CFR Part 23.
(No recommendation from Administrative Services Committee
March 12, 2012)
Attachments
34. Discuss approval to hire three (3) temporary employees to handle
relocation activities for Hyde Park residents, and transfer ½ salary and
benefits of HCD Housing Manager to Hyde Park budget; this person will
supervise relocation employees. (No recommendation
from Administrative Services Committee March 12, 2012)
Attachments
FINANCE
35. Motion to approve the recommendation of the Clerk of Superior Court
revised pay schedule for Board of Equalization's Hearing Officer at a
rate of $175.00 per hour. (No recommendation from Finance
Committee March 12, 2012)
Attachments
OTHER BUSINESS
36. Consider a request by the Development Authority of Richmond County
to be a co-applicant on the Economic Development Administration Grant
being pursued to fund infrastructure improvements at the Rockwood
Pigment's new location. The grant is to be used to install a dedicated
wastewater line and make road improvements on Doug Barnard Parkway
and Dixon Airline Road.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
Upcoming Meetings
www.augustaga.gov
37. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
3/20/2012 5:00 PM
Invocation
Department:
Caption:Reverend B. Otis Clark, Pastor, Jerusalem Baptist Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
3/20/2012 5:00 PM
Employee of the Month
Department:
Caption:Ms. Patricia L. Ystenes, Administrative Assistant, Fleet
Management Department, February Employee of the Month.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 1
Item # 2
Attachment number 2 \nPage 1 of 1
Item # 2
Commission Meeting Agenda
3/20/2012 5:00 PM
Lucy C. Laney 2011-12 Men's Varsity Basketball Team
Department:
Caption: Congratulations! for capturing the Class AA Georgia State High
School Men's Basketball Championship in Macon, Georgia on
March 10, 2012. (Requested by Commissioners Alvin Mason,
J.R. Hatney and Corey Johnson)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Commission Meeting Agenda
3/20/2012 5:00 PM
Augusta Sports Council
Department:
Caption:Update from Ms. Brinsley Thigpen, Executive Director of the
Augusta Sports Council regarding the operations, current and
upcoming events of the ASC. (Requested by Commissioner
Matt Aitken)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-17
Department:Planning Commission
Caption: Z-12-17 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Tameka Merritt,
on behalf of Doris Hope, requesting a Special Exception for the
purpose of establishing a Family Personal Care Home, per
Section 26-1 (H) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing approximately .15
acres and known as 1728 Wrightsboro Road. (Tax Map 045-3-
379-00-0) DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-18
Department:Planning Commission
Caption: Z-12-18 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the following condition 1)
that the model home meet all the criteria set forth in Section 8-2-F
of the Comprehensive Zoning Ordinance; a petition by Joseph F.
Gulino, on behalf of Bill Beazley Homes, requesting a Special
Exception to establish a sales office in Hayne Station subdivision
per Section 8-2 (f) affecting property containing .30 acres and is
known as 3002 Hayne Station Drive. (Tax Map 064-0-008-00-0)
DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-21
Department:Planning Commission
Caption: Z-12-21 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the following condition 1)
that the only use of the property be a family or group personal care
home or those uses allowed in the R-1A (One-family
Residential) Zone; a petition by Nancy M. Hall, on behalf of
Bobby Page, requesting a change of zoning from Zone R-1A
(One-family Residential) toZone R-3B (Multiple-family
Residential) affecting property containing .23 acres and known as
1814 Fairview Avenue. (Tax Map 070-1-066-00-0) DISTRICT 5
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-22
Department:Planning Commission
Caption: Z-12-22 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a with the following condition 1)
that the developer will provide all off-site traffic signal equipment
and fiber optic connections as required by the Traffic Engineer;
petition by WalMart Real Estate Business Trust, on behalf of Chan
K. Kim and Yon O. Kim, et al, requesting a change of zoning from
Zone R-3C (Multiple-family Residential), Zone P-1 (Professional)
and Zone B-1 (Neighborhood Business) to Zone B-2 (General
Business) affecting property containing approximately 22 acres and
contains multiple parcels including 3336, 3338, 3340 and 3344
Wrightsboro Road. (Tax Map 041-4-101-00-0, 041-4-103-01-0,
041-4-103-00-0, 041-4-217-00-0 and 041-4-102-00-0) DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-23
Department:Planning Commission
Caption: Z-12-23 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Charles E.
Adams requesting a change of zoning from Zone R-1 (One-
family Residential) to Zone R-MH (Manufactured Home
Residential) affecting property containing .46 acres and is known
as 2205 Cassell Street. (Tax Map 167-0-024-18-0) DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 9
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-24
Department:Planning Commission
Caption: Z-12-24 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by G. Eddie
Faircloth, on behalf of Augusta Transport and Land Clearing Inc,.,
requesting a change of zoning from Zone B-2 (General Business)
to Zone R-1C (One-family Residential) affecting property
containing approximately 4.9 acres and is known as part of 2019
Ossabaw Drive and part of 2012 , 2014, 2016 and 2018
Ossabaw Drive. (Part of Tax Map 198-0-010-058-0, 198-2-008-
00-0, 198-2-009-00-0, 198-2-010-00-0 & 098-2-011-00-0)
DISTRICT 8
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 10
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-25
Department:Planning Commission
Caption: Z-12-25 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Barney Dunstan,
on behalf of Byron Mangum et al, requesting a change of zoning
from Zone A (Agriculture) to Zone B-2 (General Business)
affecting property containing approximately 10.9 acres and is
known as 677 Robinson Avenue. (Tax Map 078-0-004-02-0 &
part of 078-0-004-00-0) DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 11
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-26
Department:Planning Commission
Caption: Z-12-26 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the following condition 1)
that all rear yard buffer requirements of the Tree Ordinance shall
be met along the property line that abuts Columbia County; a
petition by Barney Dunstan, on behalf of Byron Mangum et al,
requesting a change of zoning from Zone A (Agriculture) to
Zone R-3A (Multiple-family Residential) affecting property
located 200 feet, more or less, northeast of the northeast right-of-
way line of Robinson Avenue and being 400 feet, more or less,
northwest of Gordon Highway and containing approximately 18
acres. (part of Tax Map 078-0-004-00-0 and 078-0-004-03-0)
DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 12
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-27
Department:Planning Commission
Caption: Z-12-27 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Barney Dunstan,
on behalf of Byron Mangum et al, requesting a change of zoning
from Zone A (Agriculture) to Zone R-1A (One-family
Residential) affecting property located 2,130 feet, more or less,
northeast of the northeast right-of-way line of Robinson Avenue
and being 400 feet, more or less, northwest of Gordon Highway
and containing approximately .4 acres. (part of Tax Map 078-0-
004-03-0) DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 13
Commission Meeting Agenda
3/20/2012 5:00 PM
Z-12-20
Department:Planning Commission
Caption: Z-12-20 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Bevelyn Clark, on
behalf of Douglas Clark, requesting a Special Exception for the
purpose of establishing a Family Personal Care Home, per
Section 26-1 (H) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing .25 acres
and known as 2662 Barclay Street. (Tax Map 130-0-566-00-0)
DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 14
Commission Meeting Agenda
3/20/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Application: A. N. 12 - 11: request by
Sandikumar Patel for a retail package Liquor, Beer & Wine
license to be used in connection with H & S. Wine & Spirit
located at 2545 A Peach Orchard Rd. District 2. Super District 9.
(Approved by Public Services Committee March 12, 2012)
Background:This is a new location.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4658.50.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 2
Item # 15
Attachment number 1 \nPage 2 of 2
Item # 15
Commission Meeting Agenda
3/20/2012 5:00 PM
Augusta Georgia Sheriff's Office Building Furniture Vendor
Department:Tom F. Beck, Director, Recreation, Parks and Facilities
Caption:Motion to approve the Capital Improvements Program Manager’s
recommendation to select Modern Business to supply and install
the furniture for the Augusta, Georgia Sheriff’s Office Building.
(Approved by Public Services Committee March 12, 2012)
Background: On Friday, January 13th, four (4) compliant responses for Bid
Item #11-171 Furniture for Augusta, GA Sheriff’s Office were
received.
Analysis:After review of the responses and the scope of services, the bid
from Modern Business is the lowest responsible and responsive
bid.
Financial Impact:The Modern Business bid of $451,134.41 is within the Total
Project Budget of $10,678,729.00.
Alternatives:1) Approve the Capital Improvements Program Manager’s
recommendation to select Modern Business as the furniture
vendor for the Augusta, Georgia Sheriff’s Office. 2) Reject the
bids and rebid the Furniture which would have a negative impact
on the project schedule and total project costs.
Recommendation:Alternative 1: Approve the Capital Improvements Program
Manager’s recommendation to select Modern Business as the
furniture vendor for the Augusta, GA Sheriff’s Office.
Funds are Available
in the Following
Accounts:
GL 325-05-1120, JL 208251103 GL 328-03-1130, JL 210351003
REVIEWED AND APPROVED BY:
Cover Memo
Item # 16
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
Attachment number 1 \nPage 1 of 1
Item # 16
Invitation To Bid
Sealed bids will be received at this office until Tuesday, December 20, 2011 @ 11:00 a.m. for furnishing:
Bid Item 11-171 Furniture for New Sheriff’s Office
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid.
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices
of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-
2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department
by Friday, December 9, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail
or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder
and receive bid preference an eligible bidder must submit a completed and signed written application
to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local
project. An eligible bidder who fails to submit an application for approval as a local bidder at least
thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise
meets the requirements for approval as a local bidder, will not be qualified for a bid preference on
such eligible local project.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall
include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms
and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are considered
material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All
requests to waive or modify any such material condition shall be submitted through the Procurement Director
to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia
Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle November 17, 24, December 1, 8, 2011
Metro Courier November 23, 2011
cc: Tameka Allen Deputy Administrator
Tom Beck Recreation, Parks & Facilities
Forest White Heery International
Revised: 8/15/2011
Attachment number 2 \nPage 1 of 1
Item # 16
VENDORS
CWC Office Furnishings
105a Gateway Drive
Macon, GA 31210
GCI
2984 Clifton Springs Rd
Decatur, GA 30034
McWaters
3708 Benchmark Dr
Augusta, GA 30909
Modern Business
1445 Greene St
Augusta, GA 30901
Attachment B YES YES YES YES
E-Verify #101586 JHOW9834 318200 139296
Addendums 1, 2, 3 YES YES YES YES
Total Furniture $118,537.48 $248,111.37
$170,372.82
Extended Price $432,564.08
Total Delivery
and Installation $17,944.01 INCL $9,950.00 $36,450.00
Total Freight $1,884.09 INCL $6,831.40 $2,738.62
Lump Sum Price $138,365.57 $248,111.37 $187,154.22 $471,752.70
EXCEPTIONS NOTED EXCEPTIONS NOTED EXCEPTIONS NOTED EXCEPTIONS NOTED
Bid Item #11-171
Furniture for the New Sheriff's Office
for Augusta, Georgia - Sheriff's Office
Bid Due: Friday, January 13, 2012 @ 11:00 a.m.
Walter Hopkins Company, 2125 Corporate Drive, Ste 109, Marietta, GA 30667 - NON-COMPLIANT - Attachment B Incomplete
Weinberger Business Interiors - NON-COMPLIANT - Missing Business License Number
Augusta Business Interiors - Submitted No-Bid Response
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Item # 16
Commission Meeting Agenda
3/20/2012 5:00 PM
Augusta Lawn & Turf Contract First Amendment
Department:Augusta Regional Airport
Caption:Motion to approve in accordance with the Augusta Aviation
Commission the approval of the First Amendment to the Augusta
Lawn & Turf Contract. (Approved by Public Services
Committee March 12, 2012)
Background:Augusta Lawn& Turf has been providing lawn services for the
Airport since June 2011. The contract was awarded in the amount
of $52,582.00 and expires May 31, 2012. The contractor has
performed as required and is eligible for a one year extension at
the same rate.
Analysis:This amendment will extend the contract for one additional year
commencing June 1, 2012 at the same rate of $52,582.00, allows
for the repair of the Passenger Terminal Facility irrigation system
in the amount of $8,219.50 and provides an allowance of
$8,150.00 for additionally work that will be needed to rebuilding
the golf tee and bunker in the south courtyard of the Passenger
Terminal Facility in preparation for Masters® 2012 and 2013. In
addition, there is an allowance of up to $30,000.00 in the
amendment for new mulching and landscaping in preparation for
Masters® 2012.
Financial Impact:Total amount of this amendment is not to exceed $98,951.50.
Alternatives:Deny request.
Recommendation:Recomment the Augusta Commission approve the First
Amendment to the Augusta Lawn & Turf, Inc. Contract.
Funds are Available
in the Following
Accounts:
551 08 1110 5212999
Cover Memo
Item # 17
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 17
1
FIRST AMENDMENT TO
THE CONTRACT
FOR GROUNDS AND LANDSCAPING MAINTENANCE AT THE
AUGUSTA REGIONAL AIRPORT
Between
AUGUSTA-RICHMOND COUNTY
And
AUGUSTA LAWN & TURF, INC.
WHEREAS, on June 1, 2011, Augusta-Richmond County and Augusta Lawn &
Turf, Inc. entered into a contract for lawn services at the Augusta Regional Airport
(Airport); and
WHEREAS, the contract contained a one-year renewal option at the discretion of
the Airport;
WHEREAS, the Airport wishes to exercise the one-year renewal option to extend
the contract terms, add additional work and compensation for the same;
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, Augusta-Richmond County and the Augusta Lawn and Turf
hereby agree as follows:
1.
FIRST AMENDMENT TO CONTRACT
Except as agreed upon and amended herein by the Parties, all other terms of the original
Contract shall remain the same.
2.
EXTENSION OF CONTRACT TERM
Section 1.7 of the contract is hereby amended to exercise the one year renewal
option beginning on June 1, 2012 and terminating on May 31, 2013.
Attachment number 1 \nPage 1 of 3
Item # 17
2
3.
SCOPE OF SERVICES
Section 2, Scope of Services is amended to add addition services related to the
repair of the Irrigation systems and the removal and replacement of grasses and mulch.
Augusta Lawn & Turf’s proposals for the additional services are attached hereto and
incorporated into the Contract as exhibits A and B.
4.
COMPENSATION
Section 5, Compensation, is hereby amended to establish the costs for services for
the additional work and the work contemplated for the renewal period.
a. Augusta Lawn & Turf shall be paid a total cost of $16,369.50 for the
additional services attached hereto as Exhibits A&B.
b. As set forth in Section 5.1, Augusta Lawn & Turf shall be compensated
for the costs for services provided from June 1, 2012 to May 31, 2012 in
the amount of $52,582,00, minus any deductions for unsatisfactory
work.
c. The Parties acknowledge that there may be a need to perform additional
grounds work in preparation for the Masters® Golf Tournament.
Augusta Lawn & Turf may be compensated for any additional work
performed in preparation for the Masters® Golf Tournament at a cost not
to exceed $30,000 for 2012 and not to exceed $30,000 for 2013.
5.
This First Amendment to the Contract may be executed in counterparts;
however, they shall constitute one agreement.
IN WITNESS WHEREOF, the parties have caused this First Amendment to the
Grounds and Landscaping Maintenance contract to be executed this day of
__________________, 2012.
________________________________ __________________________________
Jay Forrester, Chairman Larry Price, President
Augusta Aviation Commission Augusta Lawn& Turf, Inc.
Attachment number 1 \nPage 2 of 3
Item # 17
3
AUGUSTA RICHMOND COUNTY
______________________________
Deke S. Copenhaver, Mayor
ATTEST:
______________________________
Lena Bonner, Clerk
Approved as to Form:
______________________________
Andrew Mackenzie, Esq.
Attachment number 1 \nPage 3 of 3
Item # 17
Commission Meeting Agenda
3/20/2012 5:00 PM
AUGUSTA REGIONAL AIRPORT MEMORANDUM OF UNDERSTANDING– GEORGIA STATE
PATROL
Department:Augusta Regional Airport
Caption:Motion to approve the Augusta Regional Airport Memorandum
of Understanding with the Georgia State Patrol as approved by the
Augusta Aviation Commission at their February 26, 2012
meeting.(Approved by Public Services Committee March 12,
2012)
Background:We have been working with the Georgia State Patrol, Richmond
County Sheriff, County Administrator and County Commissioner
Joe Jackson on a deal to bring the Georgia State Patrol’s Aviation
operations to Augusta Regional Airport. Over the holidays an
agreement was struck, with the State and Richmond County for
the funds to develop and construct the project. Augusta Regional
Airport’s piece of the deal would be to provide a small parcel of
land for a hanger site north of the old air freight terminal
building. The Patrol would in turn agree to provide on demand
search, rescue and emergency transport under our Federal FAR
Part 139 Certificate in lieu of rent with the understanding that they
would purchase all fuel from our Aircraft Services Department. In
addition they would also support the Sheriff’s Department on a
daily basis supplemental to their State Police duties.
Analysis:The County’s commitment would be to provide the $500,000.00
necessary to develop the airport site to include drainage, paving
landside/airside and lighting. The States commitment would be to
purchase and erect the hanger and provide $100,000.00 toward
general labor costs. The Airports commitment would be to provide
the land rent free. The offset for the Airport is the FAR Part 139
emergency certificate services and about $20,000.00 per year in
fuel purchases. Attached is an Intergovernmental
Agreement/MOU detailing the lease hold provisions for the
hanger, its construction and the Federal Operating Certificate
covenant. A formal lease will be presented to the Commission at
the March 2012 meeting.
Financial Impact:$500,000 provided by the County. $100,000 provided by the
Cover Memo
Item # 18
State. Augusta Regional Airport will provide the land rent free.
Alternatives:Deny request.
Recommendation:Recommend the approval of the Intergovernmental Agreement/
MOU authorizing the construction of a hanger for the Georgia
State Patrol.
Funds are Available
in the Following
Accounts:
Reprogram funds from the Judicial Center Project that has been
completed.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
MEMORANDUM OF UNDERSTANDING
BY AND AMONG
GEORGIA DEPARTMENT OF PUBLIC SAFETY
AND
AUGUSTA, GEORGIA
AND
AUGUSTA AVIATION COMMISSION
This MEMORANDUM OF UNDERSTANDING, (hereinafter "MOU"), entered into
this _____ day of _____________, 2012, by and between the GEORGIA DEPARTMENT OF
PUBLIC SAFETY (“DPS”), a department of the State of Georgia, AUGUSTA, GEORGIA, a
consolidated local government and a political subdivision of the State of Georgia and the
AUGUSTA AVIATION COMMISSION (“Aviation Commission”).
WITNESSETH:
WHEREAS, The Georgia State Patrol (GSP) operates as the uniformed division of the
Georgia Department of Public Safety to patrol the public roads and highways and to safeguard
the lives and property of the public and to prevent, detect, and investigate violations of the
criminal laws of this state, any other state, or the United States which are committed upon these
public roads and highways or upon property appertaining thereto and to apprehend and arrest
those persons who violate such criminal laws; and
WHEREAS, GSP supports the efforts of all public safety agencies to reduce crime,
apprehend those who commit them, and respond to natural and manmade disasters; and
WHEREAS, The Commissioner of Public Safety is the head of DPS as well as the
Commander of GSP and the Aviation Division is under the supervision of the GSP Field
Operations Commanding Officer; and
WHEREAS, DPS, through the GSP Aviation Division, conducts aviation operations in
support of law enforcement activities throughout the State of Georgia; and
WHEREAS, DPS is in need of airport facilities, including a hangar facility for storage of
aircraft and office and barracks space for pilots and support personnel, from which to conduct
such aviation operations in the region of Augusta, Georgia; and
WHEREAS, Augusta, Georgia has property located at the Augusta Regional Airport at
Bush Field, (Bush Field) a commercial airport, which is suitable for the location of such a
hangar facility; and
WHEREAS, the Augusta Aviation Commission is charged with managing all property at
Bush Field and entering into contracts for the operation of the Airport; and
WHEREAS, DPS owns a packaged hangar which includes the cost of erection of it upon
a prepared foundation; and
WHEREAS, Augusta, Georgia has agreed, in conjunction with the Aviation
Commission, to provide a site at Bush Field for the erection of such a hangar and to prepare such
site including, but not limited to, the engineering and construction of access requirements,
Attachment number 1 \nPage 1 of 7
Item # 18
utilities and foundation including all costs of such preparation necessary to accommodate such
hangar erection; and
WHEREAS, such construction and preparation of said site shall be accomplished in
cooperation with and approval of DPS and in accordance with design, plans and specifications
required for the proper construction thereon of said hangar as required by the manufacturer
including all utility and communications connections; and
WHEREAS, it is in the best interest of the GSP, DPS and public safety in general to
lease such site and to conduct aviation operations from such site in support of emergency and
law enforcement activities for the Airport including search and rescue operations; and,
WHEREAS, the Board of Public Safety by resolution duly adopted has authorized the
Commissioner of Public Safety to enter into negotiations with Augusta, Georgia and the Aviation
Commission and to enter into the appropriate agreements and execute all contracts and
supporting documents as necessary to enable the use of such hangar and aviation facilities at
Bush Field including a long term lease agreement of fifty (50) years; and
NOW THEREFORE IN CONSIDERATION OF THESE MUTUAL GOALS AND
BENEFITS the parties agree as follows:
Augusta, Georgia
Augusta, Georgia will finance the design and construction upon said parcel of land at Bush Field
at a cost not to exceed $500,000.00 to accommodate the erection of the hangar by DPS in
accordance with the design and requirements of the hangar construction package.
The Augusta Aviation Commission
1. The Aviation Commission will provide a parcel of land at Bush Field as shown in Exhibit
“A” for use by DPS for the purpose of constructing a hangar for use by the Aviation
Division of the Georgia State Patrol to store aircraft and provide office space and
barracks for GSP pilots and DPS support personnel.
2. The Aviation Commission will cause a site plan to be developed in cooperation with DPS
to accommodate the requirements for construction within the hangar of bedrooms,
bathrooms, a kitchen and communications space including all necessary utility and
communication connection capabilities in accordance with plans for the said construction
within the hangar submitted by DPS to the Aviation Commission.
3. The Aviation Commission will enter into a long term agreement of fifty (50) years with
DPS for the use of said parcel of property and occupancy of such hangar at no cost to
DPS as shown in Exhibit “B”.
The Georgia Department of Public Safety
1. DPS will cooperate with the Aviation Commission to approve the site plan and
improvements to the parcel of land at Bush Field as shown in Exhibit “A” upon which to
Attachment number 1 \nPage 2 of 7
Item # 18
erect the hangar facility to serve as aircraft storage and office and barracks space for
aviation activities of the GSP Aviation Division. DPS shall finance erection of the
hangar and interior construction. (See item 3. Below)
2. Upon completion of such improvements in accordance with the site plan DPS will enter
into a fifty (50) year renewable exclusive use agreement in a form similar to the specimen
agreement attached hereto as Exhibit “B” for the parcel of land with the Aviation
Commission and proceed to erect said hangar for the purposes stated.
3. Upon erection of the packaged hangar DPS will finance construction within the hangar at
a cost of up to $100,000.00, of offices, bedrooms, bathrooms, and a kitchen and
communication space to support the aviation operations of the Aviation Division of DPS.
4. All expenses of operation and repair and maintenance of the hangar so constructed will
be borne by DPS.
5. The building and all improvements inside said building shall remain the property of DPS
and shall not become the property of Augusta Georgia during the lease term.
6. GSP will continue to provide Search and Rescue efforts on behalf of Augusta Georgia
and the Airport in a manner consistent with current support.
IN WITNESS WHEREOF the parties have affixed their signatures on the day and year first
above written.
Georgia Department of Public Safety
___________________________________
Colonel Mark W. McDonough, Commissioner
Augusta, Georgia
By: __________________________ Attest: _______________________(SEAL)
Deke Copenhaver, Mayor
Augusta Regional Airport Aviation Commission
By: __________________________ Attest: _______________________(SEAL)
Jay Forrester, Chairman
Attachment number 1 \nPage 3 of 7
Item # 18
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
Attachment number 1 \nPage 4 of 7
Item # 18
Exhibit"A"
EXHIBIT A
(Description)
Said parcel contains 2.00 acres, and this conveyance also includes ____ access
easements shown on the above referenced plat of survey dated ____ __, 20__
and recorded in Plat Book Page described below.
Entry Easement From Paved Road to 2.00 Acres
ALSO CONVEYED is a perpetual, nonexclusive easement for access, ingress and
egress to the above described tract of land over and across the property of the
Augusta Airport Authority lying and being in the 41st G.M. District of
Richmond County, Georgia, leading South from the thirty (30) foot paved
road; at a ninety (90) degree angle from the centerline; South 17 degrees 45
minutes
00 seconds; West with a width of thirty (30) feet, 15 feet each side of the
centerline; and a distance of 40 feet to the above described 2.00 acre tract of
land, all as shown and depicted on the above referenced plat.
Attachment number 1 \nPage 5 of 7
Item # 18
Exhibit "A"
Attachment number 1 \nPage 6 of 7
Item # 18
EXHIBIT “B”
SPECIMEN LEASE AGREEMENT
Attachment number 1 \nPage 7 of 7
Item # 18
Commission Meeting Agenda
3/20/2012 5:00 PM
AVIS BUDGET CAR RENTAL SYSTEMS, LLC LEASES
Department:Augusta Regional Airport
Caption:Motion to approve the three (3) year leases with Avis Budget Car
Rental Systems, LLC D/B/A Avis Rental Car Systems, LLC and
Budget Rental-Car-Systems, LLC as approved by the Augusta
Aviation Commission at their February 26, 2012 meeting.
(Approved by Public Services Committee March 12, 2012)
Background:Since construction of terminal building the airport has been
operating under a temporary agreement with current rental car
agencies. Staff has consulted with rental car agency
representatives regarding updating of rental agreements and
Avis/Budget Group has returned signed agreements for approval.
Analysis:Airport staff has updated the rental car agreements which will
allow Avis Budget Group to operate on site at the airport. Once
the three year agreement expires it is the desire of airport staff to
competitively bid the counter and office space, and the ready
return spaces.
Financial Impact:The three year agreement with Avis will generate the following
revenue streams for the airport: 1. Commission on rental car gross
revenue – $5,000 or 10% whichever is greater on a monthly basis
from both Avis and Budget separately 2. Counter Space Terminal
Area – $14,840/year or $1,236.66/month shared space 3. Ready
Return Area – Avis $390/mo for 26 spaces, Budget $270 for 18
spaces 4. Car Wash Facilities - $400/mo shared area
Alternatives:Deny request.
Recommendation:Recommend the approval of the leases for Aviat Budget Rental
Car, LLC
Funds are Available
in the Following
Accounts:
Avis Budget Rental Car-Commission 551-08-1101-34-92403
Ready Return Space 34-92404 Service Area Rent 34-92405 Space
Rental 34-92408 Cover Memo
Item # 19
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
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Commission Meeting Agenda
3/20/2012 5:00 PM
Food Truck Vendor
Department:Planning and Development
Caption:Motion to approve amendments to Augusta-Richmond County
Code, Title 6, Chapter 5, by adding Sections 9 – 15, to provide
regulations for operating Food Trucks. (Approved by Public
Services Committee March 12, 2012)
Background:Food Trucks, self-contained restaurants on wheels, are a growing
trend in other large cities and there is interest in operating food
trucks in Augusta. With permission from the property owner,
Food Truck vendors would be allowed to park on private property
that is zoned commercial. Customers walk up to the window and
order their food to go, or may eat at the site. The menu can vary
from sandwiches to gourmet type meals.
Analysis:The approval of the proposed ordinance will allow entrepreneurs
who are interested in venturing into the Food Truck business the
opportunity to do so with regulations that will benefit the vendor,
existing brick and mortar restaurants, customers, the general
public and the city of Augusta… The vendor will be required to
comply with Health Department regulations for the preparation
and serving of food, the Fire Department for safety issues, and
setback requirements so as not to infringe on residential areas or
existing site built restaurants.
Financial Impact:The vendors will be required to pay the Occupation Tax.
Alternatives:Do not approve.
Recommendation:Approval
Funds are Available
in the Following
Accounts:
N/A
Cover Memo
Item # 20
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
ORDIACE O. ___________
A ORDIACE TO AMED TITLE SIX, CHAPTER FIVE, BY A DDIG
SECTIOS 9 THROUGH 15, TO DEFIE FOOD TRUCKS, TO PR OVIDE
REGULATIOS FOR ISSUIG BUSIESS TAX CERTIFICATE, T O
PROVIDE FOR ISPECTIO OF THE VEHICHLE BY THE AUGUS TA
FIRE DEPARTMET, TO REPEAL ALL CODE SECTIOS AD
ORDIACES AD PARTS OF CODE SECTIOS AD ORDIACE S
I COFLICT HEREWITH; TO PROVIDE A EFFECTIVE DATE AD
FOR OTHER PURPOSES.
WHEREAS, the proposed amendment to the Augusta Code will allow the
operation of Food Trucks on commercially zoned private property with permission
of the property owner.
THE AUGUSTA, GEORGIA COMMISSIO hereby ordains as follows:
SECTION 1. TITLE 6, CHAPTER 5, is hereby amended by adding Sections 9
through Section 15 as set forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Adopted this ___ day of ___________, 2012.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 1 of 4
Item # 20
CERTIFICATIO
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on
________________, 2012 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: _________________________
Attachment number 1 \nPage 2 of 4
Item # 20
Article 3
Food Trucks
§ 6-5-9. Defined.
Food Truck means a licensed, readily movable motorized wheeled vehicle or trailer less than
thirty feet long, which is temporarily stored on a premise where food items are sold to the
general public. Included in the definition are vehicles & equipment defined as “Mobile food
service unit” and/or Extended Food service Unit contained and amended in Rules of Department
of Human Resources Public Health Chapter 290-5-14 Food Service.
§ 6-5-10. Business Tax Certificate Required.
a) The Food Truck vendor must obtain an annual Business Tax Certificate. During the Food
Truck’s hours of operation, the vendor shall display the current Business Tax Certificate
(business license) and Richmond County Health Department issued Georgia Department
of Public Health Mobile Food Service Permit, and must have in the truck written
authorization from the property owner for food vending.
b) Prior to a Business License being issued the Food Truck vendor shall be approved by the
Richmond County Health Department or the Georgia Department of Agriculture if selling
commercially packaged food.
c) The Augusta Fire Department will inspect for compliance with the NFPA 96 Standard for
Ventilation Control and Fire Protection of Commercial Cooking Operations 2004 Edition
prior to a Business License being issued.
§ 6-5-11. Location Requirements
Location: Food Trucks shall locate on privately owned lots zoned B-1, B-2, LI, or HI with all-
weather surface (or gravel) parking areas, accessible by emergency vehicles, and having at least
ten (10) legally designated parking spaces, subject to the approval of the property owner and
subject to the following;
a) with no more than one Food Truck vendor per lot or parcel;
b) the Food Truck positioned at least 200 feet from the customer entrance of an existing
restaurant during its hours of operation;
c) the Food Truck shall be positioned on designated parking spaces and shall not block drive
aisles, other access to loading/service areas, or emergency access and fire lanes;
d) no Food Truck shall be located within a building setback or landscape buffer;
e) the Food Truck must be positioned at least 15’ away from fire hydrants, driveway
entrances, alleys, handicapped parking spaces, tree trunks, and vegetation;
f) Food Trucks shall not be located within 100 feet of gas pumps, underground gas storage
tanks and vent pipes;
g) may not be located in any portion of a parking lot when and where such location would
prevent the use of parking spaces during the regular hours of operation of the primary
business on the lot, or otherwise interfere in a significant way with the movement of
motor vehicles;
h) cooking off the vehicle with grill is prohibited;
i) no seating shall be provided;
j) no tents; only permanently vehicle mounted roll-out awnings, and;
k) vehicle must vacate premises and return to base of operation daily.
Attachment number 1 \nPage 3 of 4
Item # 20
§ 6-5-12. Safety and Utilities:
a) Temporary connections to potable water are prohibited. All plumbing and electrical
connections shall be in accordance with the Building Code.
b) Grease is to be disposed of in recyclable grease container at an existing restaurant or
commissary (not in dumpsters or storm drains).
c) Grey water to be disposed of in the sanitary sewer at an existing restaurant or commissary
(no open dumping or into storm drains) per Augusta Utility Department regulations.
d) Food Trucks must comply with Augusta Fire Department regulations found in NFPA 96
Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations
2004 Edition. General requirements under NFPA 96 section 4.1.1 stipulate that cooking
equipment used in processes producing smoke or grease-laden vapors shall be equipped
with an exhaust system that complies with all the equipment and performance
requirements of this standard. Cooking equipment that produces grease-laden vapors and
that might be a source of ignition of grease in the hood, grease removal device, or duct
shall be protected by fire-extinguishing equipment. The Augusta Fire Department will
inspect for compliance before a Business License will be issued.
§ 6-5-13. Nuisance Prevention:
a) The Food Truck vendor shall not operate the Food Truck as a drive-in window.
b) The noise level from the Food Truck motor and generator must comply with the Noise
Ordinance.
c) A trash receptacle shall be provided for customers. The Food Truck vendor and property
owner shall be responsible for daily cleanup and proper disposal of litter.
d) If the Food Truck is proposed to operate after dark, the Food Truck vendor shall provide a
lighting plan which includes use of shielded fixtures and shall not include spotlights. No
source of illumination shall be directly visible from any public right-of-way, from any
residential district, or from adjacent properties, and shall be designed and installed in a
manner that minimizes upward light pollution. A combination of shielding, screening and
directing the lighting away from areas beyond the vehicle sign, together with the use of
landscaping, if available, to soften the impact of reflected light, shall be used.
e) No signage shall be allowed other than:
· signs permanently attached to the motor vehicle; and
· a portable menu sign no more than 6 square feet in display area may be placed on
the ground in the customer waiting area.
§ 6-5-14. Supplemental Use Regulations:
a) Food truck vendors shall comply with all local, county and state retail sales tax
regulations.
b) These location requirements shall not apply in any respect to food vending at any
Augusta-Richmond County sanctioned festival, arts and crafts exhibits or other similar
sanctioned events.
§ 6-5-15. Penalty for violation of article.
All persons, firms or corporations failing to comply with the mandatory provisions of this article
or doing any act prohibited in this article shall be guilty of an offense, and, upon trial as a
misdemeanor and conviction, shall be punished as provided in section 1-6-1 of this Code.
Attachment number 1 \nPage 4 of 4
Item # 20
Commission Meeting Agenda
3/20/2012 5:00 PM
Furniture Purchase for New FBO
Department:Augusta Regional Airport
Caption:Motion to approve the quote from Modern Business in the
amount of $ 138,579.97 for the purchase of furniture for the new
FBO currently under construction with Choate Construction
Company. (Approved by Public Services Committee March 12,
2012)
Background:Funding for the furniture required for the new FBO at Augusta
Regional Airport has been included in the Airport’s Fiscal 2012
capital budget. Ms. Diane Tant, Sales Manager with Modern
Business Systems Incorporated, was selected through our
architect, Virgo Gambill, to assist with furniture selection and
purchase for the new FBO. Ms. Tant has worked closely with the
architect and airport staff to select and specify furniture that will
provide the desired “look” and durability necessary for the
furnishing of the FBO. Furniture items include waiting/sitting
area, reception, pilot lounge/sleep area, hospitality room, VIP
room, conference room, line area, break room, administrative
offices, and exterior seating areas.
Analysis:Furniture was selected from Statewide Contract Number
SWC60748. Since items are purchased from state contract, bids
are not required and the Airport is able to take advantage of the
State of Georgia’s established Government rates.
Financial Impact:Furniture including installation as specified is $138,579.97. A
copy of the Modern Business quote is attached. Funds exist in the
Airport’s Capital expenditures budget for this purpose.
Alternatives:Deny request.
Recommendation:Approve request for the airport to purchase furniture for the new
FBO from Modern Business in the amount of $138,579.97.
Funds are Available Cover Memo
Item # 21
in the Following
Accounts:551-08-1206-54-23110
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
3/20/2012 5:00 PM
Jesse Carroll Community Center
Department:Clerk of Commission
Caption:Motion to approve tasking the Administrator to meet with the
Hephzibah City Council regarding turning over the Jesse Carroll
Community Center to the City. (Approved by Public Services
Committee March 12, 2012)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 22
Commission Meeting Agenda
3/20/2012 5:00 PM
Low Voltage Cabling, Security Access Control, MATV and CCTV systems for the new Sheriff’s Office
Building
Department:Tom F. Beck, Director, Recreation, Parks and Facilities
Caption:Motion to approve Change Order #2 to Potts Construction for
providing and installing the Low Voltage cabling, Security Access
Control, MATV and CCTV systems for the new Sheriff’s Office
Building as requested by the Owner. (Approved by Public
Services Committee March 12, 2012)
Background:Potts was selected to be the Construction Manager at Risk under
Bid Item #10-121 for the new Sheriff’s Office Building. Per
request by the Owner and after several meetings to define the
scope, Potts was asked to provide pricing for providing and
installing the Low Voltage cabling, Security Access Control,
MATV and CCTV systems.
Analysis:The attached COR from Potts Construction has been reviewed by
the Owner, the Architect and the Capital Improvements Program
Manager. The funds for this scope of work have been accounted
for in the Total Project Budget for the Sheriff’s Office Building.
This Change Order would move these funds into the GMP.
Financial Impact:The amount of this Change Order #2 is a not exceed amount of
$705,125.16. This amount is within the budget of $10,678,729.00.
Alternatives:1. Approve Change Order #2 to Potts Construction for providing
and installing the Low Voltage cabling, Security Access Control,
MATV and CCTV systems for the new Sheriff’s Office Building.
2. Move No Action
Recommendation:1. Approve Change Order #2 to Potts Construction for providing
and installing the Low Voltage cabling, Security Access Control,
MATV and CCTV systems for the new Sheriff’s Office Building.
Funds are Available
in the Following GL – 325-05-1120, JL 208251103 Cover Memo
Item # 23
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
3/20/2012 5:00 PM
Mowing and Maintenance agreement with the State of Georgia, State Properties Commission
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve entering into a Mowing and Maintenance Agreement
with the State of Georgia, State Properties Commission, to maintain the
property located on Reynolds Street between 11th Street and 13th Street
as requested by Augusta Engineering Department. (Approved by Public
Services Committee March 12, 2012)
Background:This area is over grown thereby; creating hazardous conditions, and is in
dire need of maintenance. At present, Augusta does not have an
agreement with the State to access this property. There is also much
needed maintenance along the Augusta Levee, and the only access to the
Levee is through the property located on Reynolds Street between 11th
Street and 13th Street.
Analysis:An agreement would allow the maintenance and cleanup for both the Golf
and Gardens State property, and the Augusta Levee.
Financial Impact:No funds required
Alternatives:1. Approve entering into a Mowing and Maintenance Agreement with the
State of Georgia, State Properties Commission, to maintain the property
located on Reynolds Street between 11th Street and 13th Street as
requested by Augusta Engineering Department. 2. Do not approve and
leave the area unmaintained.
Recommendation:approve alternative 1 (one)
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
3/20/2012 5:00 PM
Southeastern Natural Sciences Academy Request
Department:Administration
Caption:Motion to approve a request from Southeastern Natural Sciences
Academy for roof replacement for the caretakers house with the
installation of a 30-year architectural shingle roof at a cost of up to
$6,000.00. (Approved by Public Services Committee March
12, 2012)
Background:On February 23, 2012, Bob Young, President/CEO, Southeastern
Natural Science Academy requested, in writing, that the City of
Augusta replace the roof of the caretakers house. However, the
City of Augusta has an agreement with the Southeastern Natural
Sciences Academy as manager of the Phinizey Swamp Nature
Park and as part of the agreement the academy is responsible for
maintenance of the park. But, due to the Academy paying their
own funds, in recent months, on minor maintenance issues at that
location, they do not have the funds available to replace the roof.
Analysis:Since 1996 the Southeastern Natural Sciences Academy has been
a partner with the City of Augusta as manager of the Phinizey
Swamp Nature Park. In 2001, this partnership was formalized in a
lease. The lease directs that the Academy uses its own funding
sources to maintain the park, the trails, the boardwalks, and
programs that benefit the public good. The current needs of the
house, replace roof, exceeds their capacity to pay for the needed
work. The City owns the facility, and the new roof will have a
lifespan that exceeds the terms of the lease agreement.
Financial Impact:Cost to replace roof: (Depending on type.) 25 years 3 tab shingles,
$4,375.00 30 years Architectural Shingles, $5,175.00 Coragated
metal roofing, 29 gage, $8,125.00 Standing seam metal roofing,
26 gage, $10,100.00 Life time certainteed, Luxuryshingle,
$12,750.00
Alternatives:Not fix the roof which could cause more damage to the facility.
Fix the roof at City of Augusta expense. Fix the roof at City of
Augusta expense and work out a payment plan for the
Southeastern Natural Sciences Academy.
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Item # 25
Recommendation:Due to the fact not fixing the roof will cause more damage to the
facility and the Academy does not have the funds needed to
replace the roof, I would recommend replacing the roof with the
25 years 3 tab shingles at a cost of $4,375.00
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
3/20/2012 5:00 PM
State of Georgia Grant
Department:Augusta Regional Airport
Caption:Motion to approve the acceptance of the State of Georgia Grant
for AIP Project No. AP012-900045(245) in the amount of $12,
641.00 for the purchase of the new Airport Rescue Fire Fighting
Truck as accepted by the Augusta Aviation Commission at their
February 26, 2012 Meeting. (Approved by Public
Services Committee March 12, 2012)
Background:The State of Georgia Department of Transportation will match
Federal Grants up to 2.5% if the funds are available. Federal
Grant No. 3-13-0011-034-2100 in the amount of $480,349.00 was
accepted August 26, 2011.
Analysis:The State of Goergia is for 2.5% which totals $12,641.00 leaves
the airport $12,641.00 as the portion we are required to pay.
Financial Impact:$480,349.00 Federal 12,641.00 State 12,641.00 Airport
Alternatives:Deny request.
Recommendation:Augusta Commission accept the State of Georgia Grant Airport
Project No. AP012-9000-45(245)
Funds are Available
in the Following
Accounts:
551-08-1301/33-43112
REVIEWED AND APPROVED BY:
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Commission Meeting Agenda
3/20/2012 5:00 PM
Webster Detention Center, Phase II Inmate Processing Center
Department:Tom F. Beck, Director, Recreation, Parks and Facilities
Caption:Motion to approve Design Change Order 2 that modifies the
Standard Form of Contract for professional service last dated
October 7, 2011, between the Owner, Augusta, Georgia, a
political subdivision of the State of Georgia, acting by and
through the Augusta-Richmond County Commission; and the
Architect: Johnson, Laschober & Associates, P.C. , for the
Professional Services know as Architectural Services for the
Webster Detention Center, Phase II , Augusta-Richmond County,
Georgia. (Approved by Public Services Committee March 12,
2012)
Background:This Design Change Order will compensate the Architect for
Additional Services for the Webster Detention Center Expansion
for adding the renovation of the existing Administration, Medical
and Transportation areas to the scope of work. The existing
Administration area needs to be expanded to accommodate the
staff and functions that will be relocated from the Jail at 401
Walton Way. The existing Medical and Transportation areas are
going to be renovated to accommodate two inmate trustee
dormitories. The existing Medical area is currently vacant as this
function has moved to the Phase I Medical/Mental Health
Building. And the existing Transportation area will be vacant
when it is moved to the new Inmate Processing Center when it is
completed. Once both of these existing spaces are vacant they will
be renovated. The Architect’s selection for the Inmate Processing
Center at the Webster Detention Center was approved by the
Commission on August 2, 2011.
Analysis:This Design Change Order compensates the Architect for
Additional Services for providing the professional services for
adding the renovation of the existing Administration, Medical and
Transportation areas to the scope of work. The Architect will
provide all of the professional services as required by their
existing contract.
Financial Impact:The total amount of Design Change Order 2 is $140,000.00 for
Cover Memo
Item # 27
additional Professional Architectural Services.
Alternatives:1. Approve the Change Order 2 for $140,000.00 for additional
Professional Architectural Services. 2. Not approve the Change
Order.
Recommendation:Approve the Change Order 2 for $140,000.00 for additional
Professional Architectural Services.
Funds are Available
in the Following
Accounts:
GL – 328-03-1130; JL – 210356004
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
3/20/2012 5:00 PM
Sunday Alcohol Sales
Department:Planning and Development
Caption:Motion to approve amendments to Augusta-Richmond County
Code Section 6-2, Alcoholic Beverages, so as to allow Sunday
sales of package malt beverage, wine and distilled spirits by
retailers. (Approved byPublic Services Committee March 12,
2012)
Background:The voters of Augusta, Georgia by referendum authorized the
governing authority of the consolidated government to permit and
regulate package sales by retailers of malt beverages, wine and
distilled spirits on Sundays between the hours of 12:30 p.m. and
11:30 p.m.
Analysis:There are three attached code amendments that will provide for
Sunday sales of package malt beverage, wine and distilled spirits
by retailers. Sunday Sales 1 provides for Sunday sales by
changing the hours of operation for all retailers to include the
allowable Sunday hours without a fee increase. Sunday Sales 2
provides for Sunday sales by changing the hours of operation for
all retailers to include the allowable Sunday hours with the
addition of a Sunday Sales Fee in the amount of $1,330.00 with an
effective date of April 1, 2012. Sunday Sales 3 provides for
Sunday sales by changing the hours of operation for all retailers to
include the allowable Sunday hours effective April 1, 2012, and
with the addition of a Sunday Sales Fee in the amount of
$1,330.00 effective with the issuance of year 2013 retail alcohol
licenses.
Financial Impact:Financial impact is between $0 and approximately $300,000
depending on which option is selected. (estimate based on 230
business locations)
Alternatives:N/A
Recommendation:Sunday Sales 1; do not charge a fee at this time. The Alcohol
license fees for retailers were increased 10 % in October 2011. Cover Memo
Item # 28
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
Item # 28
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE TITLE SIX, CHAPTER TWO,
SECTION 6-2-14 (2) (3) SO AS TO ALLOW SUNDAY SALES OF PACKAGE MALT BEVERAGE, WINE
AND DISTILLED SPIRITS BY RETAILERS; TO PROVIDE AND EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSIONERS AND IT IS HEREBY
ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
THE AUGUSTA, GEORGIA COMMISSIO hereby ordains as f ollows:
SECTIO 1 . Augusta-Richmond County Code Section 6-2-14 (2) (3) is hereby amended by deleting in its
entirety, and substituting in lieu thereof the following, to wit:
(2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier
than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday
through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for
business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on
Sunday.
(3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed
to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m.
Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday
next following.
.
SECTIO 2 . This ordinance shall become effective April 1, 2012, and in accordance with
applicable laws.
SECTIO 3 . All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this ___ day of ___________, 2012.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 1 of 2
Item # 28
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________,
2012 and that such Ordinance has not been modified or rescinded as of the date hereof
and the undersigned further certifies that attached hereto is a true copy of the Ordinance
which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: _________________________
Attachment number 1 \nPage 2 of 2
Item # 28
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE TITLE SIX,
CHAPTER TWO, SECTION 6-2-14 (2) (3) AND SECTION 6-2-67 (b) SO AS TO ALLOW
SUNDAY SALES OF PACKAGE MALT BEVERAGE, WINE AND DISTILLED SPIRITS
BY RETAILERS, TO PROVIDE FOR A RETAIL SUNDAY SALES ALCOHOL LICENSE
FEE, TO PROVIDE AND EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSIONERS AND
IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
THE AUGUSTA, GEORGIA COMMISSIO hereby ordains as f ollows:
SECTIO 1 . Augusta-Richmond County Code Section 6-2-14 (2) (3) is hereby amended by
deleting in its entirety, and substituting in lieu thereof the following, to wit:
(2) Holders of a Class F license (off-premises consumption of liquor) shall not open for
business earlier than 8:00 a.m. Monday through Saturday and may remain open for
business until 11:45 p.m. Monday through Saturday.
(2) Holders of a Class F license (off-premises consumption of liquor) SUDAY SALES
shall not open for business earlier than 8:00 a.m. Monday through Saturday and may
remain open for business until 11:45 p.m. Monday through Saturday, and shall not open
for business earlier than 12:30 p.m. on Sunday and may remain open for business until
11:30 p.m. on Sunday.
(3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who
are not licensed to sell liquor shall be prohibited from selling beer and/or wine only
between the hours of 11:45 p.m. Saturday and 6:00 a.m. on the Monday next following.
(3)Holders of Class B and D licenses (off-premises consumption of beer and wine)
SUDAY SALES who are not licensed to sell liquor sh all be prohibited from selling beer
and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday
and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following.
SECTIO 2 . Augusta-Richmond County Code Section 6-2-67 (b) is hereby amended by adding
(b) (13) and (14), to wit:
(b) Amount. Each applicant shall pay a license fee as set out herein:
(13) Class F license (off-premises consumption of liquor) SUDAY
SALES. . . . . . . $1,330.00 per location
(14) Class B and D licenses (off-premises consumption of beer and wine)
SUDAY SALES …..$1,330.00 per location
(c) Proration. The full license fee must be paid for a license issued prior to July 1 of the
License year. One-half (1/2) of the full license fee shall be paid for a license issued
after July 1 of the license year.
Attachment number 2 \nPage 1 of 3
Item # 28
SECTIO 2 . This ordinance shall become effective April 1, 2012, and in accordance with
applicable laws.
SECTIO 3 . All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this ___ day of ___________, 2012.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 2 \nPage 2 of 3
Item # 28
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________,
2012 and that such Ordinance has not been modified or rescinded as of the date hereof and
the undersigned further certifies that attached hereto is a true copy of the Ordinance which
was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: _________________________
Attachment number 2 \nPage 3 of 3
Item # 28
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE TITLE SIX,
CHAPTER TWO, SECTION 6-2-14 (2) (3) AND SECTION 6-2-67 (b) SO AS TO ALLOW
SUNDAY SALES OF PACKAGE MALT BEVERAGE, WINE AND DISTILLED SPIRITS
BY RETAILERS, TO PROVIDE FOR A RETAIL SUNDAY SALES ALCOHOL LICENSE
FEE, TO PROVIDE AND EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSIONERS AND
IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
THE AUGUSTA, GEORGIA COMMISSIO hereby ordains as f ollows:
SECTIO 1 . Augusta-Richmond County Code Section 6-2-14 (2) (3) is hereby amended by
deleting in its entirety, and substituting in lieu thereof the following, to wit:
(2) Holders of a Class F license (off-premises consumption of liquor) shall not open for
business earlier than 8:00 a.m. Monday through Saturday and may remain open for
business until 11:45 p.m. Monday through Saturday.
(2) Holders of a Class F license (off-premises consumption of liquor) SUDAY SALES
shall not open for business earlier than 8:00 a.m. Monday through Saturday and may
remain open for business until 11:45 p.m. Monday through Saturday, and shall not open
for business earlier than 12:30 p.m. on Sunday and may remain open for business until
11:30 p.m. on Sunday.
(3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who
are not licensed to sell liquor shall be prohibited from selling beer and/or wine only
between the hours of 11:45 p.m. Saturday and 6:00 a.m. on the Monday next following.
(3)Holders of Class B and D licenses (off-premises consumption of beer and wine)
SUDAY SALES who are not licensed to sell liquor sh all be prohibited from selling beer
and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday
and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following.
SECTIO 2 . Augusta-Richmond County Code Section 6-2-67 (b) is hereby amended by adding
(b) (13) and (14), to wit:
(b) Amount. Each applicant shall pay a license fee as set out herein:
(13) Class F license (off-premises consumption of liquor) SUDAY
SALES. . . . . . . $1,330.00 per location
(14) Class B and D licenses (off-premises consumption of beer and wine)
SUDAY SALES …..$1,330.00 per location
(c) Proration. The full license fee must be paid for a license issued prior to July 1 of the
License year. One-half (1/2) of the full license fee shall be paid for a license issued
after July 1 of the license year.
Attachment number 3 \nPage 1 of 3
Item # 28
SECTIO 2 . This ordinance shall become effective as follows: the hours of operation are
effective April 1, 2012; the retail Sunday Sales fee is effective with the issuance of year 2013
alcohol licenses for package malt beverage, wine and distilled spirits by retailers, and in
accordance with applicable laws.
SECTIO 3 . All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this ___ day of ___________, 2012.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 3 \nPage 2 of 3
Item # 28
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________,
2012 and that such Ordinance has not been modified or rescinded as of the date hereof and
the undersigned further certifies that attached hereto is a true copy of the Ordinance which
was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: _________________________
Attachment number 3 \nPage 3 of 3
Item # 28
Commission Meeting Agenda
3/20/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 12 - 12: A request by
Manpreet K. Makkar for a retail package Beer & Wine license to
be used in connection with NANHI, Inc., DBA B.C. Food Store
located at 2749 Barton Chapel Rd. District 4. Suiper District 9.
(No recommendation from Public Services Committee March
12, 2012)
Background:This a new ownership application. Formerly in the name of Kwon
Kim.
Analysis:The applicant meets the requirements of the City of Augusta's
alcohol ordinance.
Financial Impact:The applicant will pay a fee of $1331.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 29
Attachment number 1 \nPage 1 of 2
Item # 29
Attachment number 1 \nPage 2 of 2
Item # 29
Commission Meeting Agenda
3/20/2012 5:00 PM
Special Event Application
Department:Planning & Development
Caption:Discussion: A request by Jan Scholer for a Special Event License
for April 4, 2012 thru April 7, 2012 (Masters Week) to be used in
connection with Wild Wings Cafe located at 3035 Washington
Rd. District 7. Super District 10. (No recommendation from
Public Services Committee March 12, 2012)
Background:This location has this Event every year during Masters Week.
Analysis:The applicant meets the requirements of the City of Augusta's
alcohol ordinance.
Financial Impact:The applicant will pay a fee of $240.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 30
Attachment number 1 \nPage 1 of 1
Item # 30
Commission Meeting Agenda
3/20/2012 5:00 PM
DBE Program
Department:Law
Caption:Approve an update of Augusta, Georgia's DBE Program for
federally assisted contracts in order to comply with the
Department of Transportation's program and update of the DBE
rules. 49 CFR Part 23. (No recommendation from
Administrative Services Committee March 12, 2012)
Background:None
Analysis:None
Financial Impact:None
Alternatives:Deny the Motion to Amend.
Recommendation:Approve the Motion to Amend.
Funds are Available
in the Following
Accounts:
None
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 31
Commission Meeting Agenda
3/20/2012 5:00 PM
Hyde Park Drainage Improvement Project
Department:Housing & Community Development
Caption:Discuss approval to hire three (3) temporary employees to handle
relocation activities for Hyde Park residents, and transfer ½ salary
and benefits of HCD Housing Manager to Hyde Park budget; this
person will supervise relocation employees. (No
recommendation from Administrative Services Committee
March 12, 2012)
Background:
On October 18, 2011, the Commission approved the transfer of
SPLOST III and IV funds to the Hyde Park/Wilkerson Gardens
Drainage Improvements Project to fully-fund the design and initial
phases of land acquisition and resident relocations. The
relocation process/services will be managed by staff of the
Housing and Community Development Department. The
relocation office will be located at 2024 Golden Rode Street
which is in the Hyde Park Neighborhood. In order to fulfill the
task required in the relocation process, it is necessary to hire three
(3) temporary employees (no fringe benefits) to assist families in
their relocation to other housing. It is estimated that the relocation
process to move approximately 110 families will take 4 – 5 years.
SPLOST funds will be used to cover salaries and benefits of the
relocation staff (3 ½ FTE’s) as follows (and on the attached
schedule):
Year 1
$ 95,650
Year 2
114,350
Subtotal
210,000
Cover Memo
Item # 32
Year 3
114,350
Year 4
114,350
Total
$438,700
Analysis:The approval to hire the requested staff and transfer salaries of the
existing HCD staff will allow the relocation effort to have full
time staff assigned to this process.
Financial Impact:SPLOST funds will be used to cover the necessary payroll
expenses of the identified staff.
Alternatives:
Recommendation:Approve the hiring of three (3) temporary employees and the
allocation of certain HCD staff to manage the relocation of
families from Hyde Park Neighborhood.
Funds are Available
in the Following
Accounts:
Funds are available in the Hyde Park Drainage Project Account
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
Attachment number 1 \nPage 1 of 1
Item # 32
Commission Meeting Agenda
3/20/2012 5:00 PM
Continue Purchasing Public Official Liability Insurance
Department:Finance/Risk Managment Division
Caption:Motion to approve coverage of Public Official Liability Insurance
with Landmark American Insurance company for $64,948 for
April 19, 2012 to April 19, 2013. (Approved by Finance
Committee March 12, 2012)
Background: Current coverage has a $2,000,000 liability limit with an SIR
(self insured retention) of $250,000 for each claim Public Officials
and $250,000 each claim Employment Practices Liability.
Public Official Liability provides coverage for "wrongful acts" of
the public entity and wrongful acts of individuals who act on
behalf of the entity. A wrongful act means any actual or alleged
breach of duty, neglect, errors, misstatements, misleading
statements, omissions or employment practices violation by an
insured solely in the performance of duties for the public
entity. Augusta-Richmond County has maintained continuous
coverage since 1997. Acceptance of coverage gives additional
protection to the assets of public officials. Public Official Liability
(POL) coverage is claims made coverage which means any claim
which may be covered would need to be filed during the policy
period.
Analysis:
Financial Impact:J. Smith Lanier & Company secured 4 quotes for this coverage.
These quotes provide $2,000,000 in coverage with a $250,000 SIR
(self insured retention). Quotes were received from Landmark
American Insurance an A XII rated carrier (current carrier and
none committed) for a premium of $64,948; Darwin Insurance Co.
an A XV rated carrier for a premium quote of $71,443; ACE
Insurance Co. an A+XI rated carrier for a premium quote of
$96,389; Allied World Assurance an A XV carrier with a
premium quote of $ 112,300.
Alternatives:
Rely totally on available funds for the payment of any judgments
Cover Memo
Item # 33
which may be rendered directly against entity's public officials.
Recommendation:Approve coverage quoted by Landmark American Insurance
Company for a one year period for a premium of $ 64,948 for
$2,000,000 in coverage and $250,000 SIR. Coverage includes
Augusta Commission, Augusta Regional Airport Authority and
Solid Waste Management Authority.
Funds are Available
in the Following
Accounts:
611-01-5212
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 33
PROPOSAL OF INSURANCE
AND RISK MANAGEMENT
Prepared for:
Augusta, Georgia
Augusta Regional Airport Authority
Solid Waste Management Authority
Policy Period: 4/19/12 to 4/19/13
Prepared by:
Phil Harison, Jr.
Vice President
Attachment number 1 \nPage 1 of 5
Item # 33
PREMIUM SUMMARY
INSURANCE CARRIER Best Rating Premium
Landmark American Insurance Co. A XII $64,948
Darwin Insurance Company A XV $71,443
ACE Insurance Co. A+ XI $96,389
Allied World Assurance Co. A XV $112,300
Terms and Conditions:
Public Officials Liability Limit: $2,000,000
(Annual Aggregate, defense costs are in addition to the limit)
Retention: $250,000 Each Claim Public Officials
$250,000 Each Claim Employment Practices Liability
Prior and Pending Litigation Backdated to: 04/19/97 for Augusta, GA
04/19/03 Augusta Regional Airport Authority
08/01/04 Solid Waste Management Authority
Landmark American - 2011 year expiring premium was $64,948.
Darwin Insurance Co. – Completed and signed original Darwin application and copy of employee handbook. 2011 audited
financials also needed.
Allied World Assurance Co – Completed and signed original AWAC application and copy of employee handbook. 2011
audited financials also needed.
ACE Insurance Co. – Completed and signed original Public Officials application completed and signed claims supplemental
form and copy of employee handbook. 2011 audited financials.
Attachment number 1 \nPage 2 of 5
Item # 33
A.M. BEST RATING SCALE
Used with Permission of A.M. Best Company, Inc.
Attachment number 1 \nPage 3 of 5
Item # 33
DISCLAIMER
Proposal
J. Smith Lanier & Co. thanks you for the opportunity to discuss your insurance and risk management
program. This summary is a brief overview of that program and is based on the exposure information
you provided. Please refer to the policies for complete terms, conditions, limitations, definitions, and
exclusions.
We have evaluated your exposures to loss and developed this proposal based upon the information
that you have provided to us. If you are aware of other areas of potential exposure that need to be
evaluated or of additional information of which we should be aware prior to binding of coverage,
please bring the other areas or additional information to our attention as soon as possible. Should any
of your exposures change after coverage is bound, please notify us immediately.
Client Contracts
In the event that you enter into a contract that has specific insurance requirements, J. Smith Lanier & Co.
will review your contract, but only in regards to the insurance requirements of the contract. The scope of
our review will be to determine if the current insurance program which you have placed through our
agency addresses the types and amounts of insurance coverage referenced by the contract. We will identify
the significant insurance obligations and will provide a summary of the changes required in your current
insurance program to meet the requirements of the contract. Upon your authorization, we will make the
necessary changes in your insurance program. We will also be available to discuss any insurance
requirements of the contract with your attorney, if desired.
In performing a contract review, J. Smith Lanier & Co. is not providing legal advice or a legal opinion
concerning any portion of the contract. In addition, J. Smith Lanier & Co. is not undertaking to identify
all potential liabilities that may arise under any such contracts. A contract review is provided solely for
your information and should not be relied upon by third parties. Any descriptions of the insurance
coverages are subject to the terms, conditions, exclusions, and other provisions of the contract and of the
insurance policies and applicable regulations, rating rules or plans.
Compensation Disclosure (Including New York Regulation 194 Disclosure)
J. Smith Lanier & Co. is an insurance producer domiciled in the State of Georgia and licensed to sell
insurance in additional states (including New York). Our licensed insurance producers are authorized by
law to confer with you regarding the benefits, terms and conditions of insurance contracts; to offer advice
concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain
insurance for purchasers. Our role in any particular insurance transaction typically involves one or more
of these activities. Except in cases where J. Smith Lanier & Co. has a specific fee agreement to receive
compensation from a client, we customarily receive compensation from insurers for our professional
services in the form of a commission, which normally consists of a percentage of the premium collected
by the insurers.
Attachment number 1 \nPage 4 of 5
Item # 33
AUTHORIZATION TO BIND
Named Insured: Augusta, Georgia; Augusta Regional Airp
Choose the appropriate option:
I hereby authorize J. Smith Lanier & Co. to bind my coverage per the terms and conditions outlined in this Proposal.
____________________________________ _________________________
Authorized Signature Date
I hereby authorize J. Smith Lanier & Co to bind my coverage with changes as stated below. I understand these changes
may result in possible additional underwriting requirements or more/less premium.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________________ ____________________________
Authorized Signature Date
Attachment number 1 \nPage 5 of 5
Item # 33
Commission Meeting Agenda
3/20/2012 5:00 PM
Firefighers Pay Disparity
Department:Clerk of Commission
Caption:Motion to approve disparity pay study of Augusta's firefighters
and the utilization of the Augusta Utilities' (Mr.
Cook) compensation specialist. (Approved by Finance
Committee March 12, 2012)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 34
Commission Meeting Agenda
3/20/2012 5:00 PM
Supplemental Agreement between Augusta, Georgia and the Georgia Department of Transportation
Department:Planning & Development
Caption:Motion to approve Supplemental Agreement to the FY 2012
Metropolitan Transportation Planning Services Contract.
(Approved by Finance Committee March 12, 2012)
Background:Historically, the Augusta-Richmond County Planning
Commission contracted with the Georgia Department of
Transportation (GDOT) to provide transportation planning
services mandated by Federal law. Given the recent changes to the
city code, any future contracts / supplemental contracts for such
services will be between Augusta, Georgia and GDOT. The
transportation planning services are provided by staff of the
Augusta Planning and Development Department, as detailed in the
Unified Planning Work Program for the Augusta Regional
Transportation Planning Study. Eighty percent (80%) of the cost
of such services are paid for with funds from the Federal Highway
Administration (FHWA), as passed through GDOT. A twenty
percent (20%) local match is required.
Analysis:The attached supplemental agreement between GDOT and
Augusta, Georgia amends the FY 2012 planning services contract
by adding FY 2011 carry over funds in the amount of
$162,852.33, for a total contract amount of $772,103.28. The
agreement stipulates that the Augusta Planning and Development
Department provide the 20% local match and is the agency
authorized to use the Federal funds. The additional funds will be
used to provide transportation planning for Augusta Regional
Transportation Study as outlined in the Unified Planning Work
Program.
Financial Impact:GDOT is obligated to pay the eighty percent (80%) Federal share
of the cost of the program, up to Six Hundred Seventeen
Thousand, Six Hundred and Eighty-Two dollars and Sixty-Two
cents ($617,682.62). The Augusta Planning and Development
Department, as the Metropolitan Planning Organization (MPO), is
obligated to provide the 20% local match, up to One Hundred
Fifty-Four Thousand, Four Hundred Twenty Dollars and Sixty-Six
Cover Memo
Item # 35
cents ($154,420.66).
Alternatives:Approve or deny the agreement
Recommendation:Approve the Supplemental Agreement and authorize the Mayor to
sign the same.
Funds are Available
in the Following
Accounts:
FUNDS AVAILABLE IN THE FOLLOWING
ACCOUNTS:101016310 / 131210258
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 35
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Item # 35
Commission Meeting Agenda
3/20/2012 5:00 PM
Hearing Officer
Department:
Caption:Motion to approve the recommendation of the Clerk of Superior
Court revised pay schedule for Board of Equalization's Hearing
Officer at a rate of $175.00 per hour. (No recommendation from
Finance Committee March 12, 2012)
Background:The Augusta Commission on July 19, 2011 approved the Hearing
Officer pay at $25.00 per day.
Analysis:This action could possible conflict with state law if more hours are
needed during the hearing,which states each hearing officer "shall
be paid at a rate of not less than $25.00 per hour as determined by
the county governing authoirity." O.C,G,A, 48-5-311(e.1)(10).
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 36
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Commission Meeting Agenda
3/20/2012 5:00 PM
Revision of Augusta Soil Erosion, Sedimentation and Pollution Control Ordinance
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve adoption of the revised Soil Erosion,
Sedimentation and Pollution Control Ordinance as requested by
AED. (Approved by Engineering Services Committee March
12, 2012)
Background:On February 16, 2012, the Georgia Environmental Protection
Division (EPD) re-issued the Augusta Georgia Municipal
Separate Storm Sewer System (MS4) Draft National Pollution
Discharge Elimination System (NPDES) Permit . The permit
requires Augusta, Georgia to adopt measures for addressing
surface runoff water quality management. These new
requirements apply to any land disturbing activity of 5,000 square
feet of land or greater. Compliance with the Permit’s new
requirement warrants revision to current Erosion, Sedimentation
and Pollution Control Ordinance (ES&PC Ordinance). Also, the
Local Issuing Authority is assigned to Augusta, Georgia for
effective management of Augusta Erosion, Sedimentation and
Pollution Control program and MS4 Stormwater Management
Plan.
Analysis:AED is responsible for management and compliance of Augusta
Area-Wide NPDES MS4 permit. AED is also responsible for
management of ES&PC Ordinance including plan review, field
activities and compliance. Integrating management and
compliance requirements for both programs (MS4 & ES&PC) are
necessary and critical for optimizing utilization of available
resources, and developing and implementing a cost effective
compliance program.
Financial Impact:No direct financial impact. Required activities will be integrated
into AED’s ongoing MS4 Stormwater Management Program.
Alternatives:1) Approve adoption of the revised Soil Erosion, Sedimentation
and Pollution Control Ordinance as requested by AED. 2) Do not
approve and face possible enforcement action under NPDES MS4
compliance by the State and Federal agencies.
Cover Memo
Item # 37
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 37
Attachment number 1 \nPage 1 of 52
Item # 37
2
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on
_________________, 2012 and that such Ordinance has not been modified or rescinded as of the
date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading: ________________________
Second Reading: Waived
Attachment number 1 \nPage 2 of 52
Item # 37
3
Exhibit “A”
STRIKE:
Attachment number 1 \nPage 3 of 52
Item # 37
4
Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance.” SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) 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 1st of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. 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.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
Attachment number 1 \nPage 4 of 52
Item # 37
5
7. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
8. Department: The Georgia Department of Natural Resources (DNR).
9. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
10. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development within the scope of this ordinance.
11. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
15. 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.
16. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices, and requirements in section IV.D.&E. of this ordinance.
18. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
19. 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
Attachment number 1 \nPage 5 of 52
Item # 37
6
located outside the waste disposal limits of a landfill cell that has been certified by EPD
for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual
vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
20. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
21. 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.
22. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
23. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
24. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
25. Local Issuing Authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta-Richmond County Planning Commission and the
Engineering Department is an extension of the LIA with respect to plan review and
enforcement.
26. 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.
27. Mulching: Refers to the application of plant or other suitable materials in the soil surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
Attachment number 1 \nPage 6 of 52
Item # 37
7
28. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
29. 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.
30. NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit.
31. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
32. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009).
33. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
34. 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.
35. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
36. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
37. Planning Commission: The Augusta-Richmond County Planning Commission.
38. 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.
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39. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
40. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
41. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one 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.
42. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
43. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
44. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
45. 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.
46. 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
§12-5-30.
47. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
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48. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
49. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
50. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
51. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
52. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
53. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
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54. 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
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (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 Section IV of this Ordinance
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
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or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. 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 (3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (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 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 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing Authority
from regulating any such project which is not specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority
shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
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Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes in lot grade to the Augusta Engineering Department prior to getting a building permit and
conform to the minimum requirements as set forth in section IV of this article, including,
but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
SECTION IV MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this 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 IV.B. D. & E. of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
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prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. 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 Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
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4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs. 5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
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10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, 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 i) where the Director determines to allow a variance that is at least as protective of natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) 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 iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
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in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
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F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of
this ordinance.
G. LAND-DISTURBING ACTIVITY:
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.
SECTION V APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance, storm water management ordinance, subdivision ordinance, flood
damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations
or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the owner or operator with owner written consent
is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Augusta Georgia without first obtaining a Land Development Permit
(LDA) from the Local Issuing Authority to perform such activity and providing a copy of
Notice of Intent submitted to EPD if applicable. This also applies to mass grading
activities at individual lots within a common development such as subdivision and a builder shall obtain a Land Disturbing Permit as well as a building permit to commence
construction.
2. The application for a permit shall be submitted to the Local Issuing Authority and
must include the applicant’s erosion, sedimentation and pollution control plan with a completed checklist and supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V.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 IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by six (6) copies of
the applicant’s erosion, sedimentation and pollution control plans. All applications shall
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contain a certification stating that the plan preparer or the designee thereof visited the site
prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is
submitted to the Local Issuing Authority. 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 $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 35 days of
receipt. Failure of the District to act within 35 days shall be considered an approval of
the pending plan. The results of the District review shall be forwarded to the Local Issuing Authority. No permit will be issued unless the plan has been approved by the
District, and any variances required by Section IV.E. has been obtained, all fees have
been paid, and bonding, if required as per Section V B.6., have been obtained. Such
review will not be required if the County and the District have entered into an agreement
which allows the County 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 35 days of
receipt. Failure of the Local Issuing Authority with plan review authority to act within 35
days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the Local Issuing Authority may deny the permit application.
6. Bond Requirement: The Local Issuing Authority may require the permit
applicant to post a bond in the form of government security, cash, irrevocable letter of
credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction
thereof of the proposed land-disturbing activity, prior to issuing the permit. If the
applicant does not comply with this section or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited
and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing
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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 IV.B. D. & E. 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 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. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
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BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance
with this ordinance, any variances required by Section IV.E. are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Augusta, Georgia
are met. If the permit is denied, the reason for denial shall be furnished to the applicant.
3. Any land-disturbing activities by the Local Issuing Authority or the Augusta, Georgia
shall be subject to the same requirements of this ordinance, and any other ordinances
relating to land development, as are applied to private persons.
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 land
disturbing activity is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor is in violation of this ordinance. A
holder of a permit shall notify any successor 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 or more violations of previous permits or the Erosion and Sedimentation Act
permit requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However,
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any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
SECTION VI
INSPECTION AND ENFORCEMENT
A. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this 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.
1. Residential Construction of Individual Lots: The License and Inspection Department will inspect for compliance with this Ordinance for residential construction
on individual lots. If a project is deemed not in compliance with the approved plot plan,
the contractor and builder will be issued a written notice to comply with the approved
plan. If the contractor/builder engaged in the land disturbing activity fails to comply
within the time specified, he shall be deemed in violation of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Local Issuing Authority and Augusta Engineering Department, as an extension of the LIA, 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 and Augusta Engineering Department, as an extension of the
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LIA, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a governing authority’s ordinance and review of conformance with an agreement, if any,
between the district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in
accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the
Division shall notify the governing authority of the county or municipality in writing.
The governing authority of any county or municipality so notified shall have 90 days
within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action
within 90 days after notification by the division, the division shall revoke the certification
of the county or municipality as a Local Issuing Authority.
SECTION VII PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
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 violations of the provisions of this ordinance, the Director
or the Local Issuing Authority shall issue a written warning to the violator. A notice may
be in any written form, including without limitation, a memo, letter, directive or citation to appear in Magistrate Court. The violator shall have five days to correct the violation.
If the violation is not corrected within five days, the Director or the Local Issuing
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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. 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.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the Local Issuing Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly designed,
installed, and maintained, a stop work order shall be issued by the the Local Issuing
Authority or by the Director or his or her Designee without issuing prior written notices.
All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work
orders shall apply to all land-disturbing activity on the site with the exception of the
installation and maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the Local Issuing Authority determines that a person engaged in land-disturbing
activities at a project where a Bond was required pursuant to Section V has failed to
comply with the approved plan, the party responsible for the securing the bond shall be
deemed in violation of this Ordinance and a written warning notice to comply shall be served upon that person. The warning 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, in addition to other penalities applicable under this Ordinance,
he shall be deemed to have forfeited his performance bond. The Local Issuing Authority may call the bond or any part thereof to be forfeited and use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
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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 $2,500.00 per
day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court
of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed $2,500.00 for each violation. Each day during which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this 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.
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SECTION IX ADMINISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority, or the issuance of a stop-work order, or the determination to call a
bond pursuant to this Ordinance 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
Augusta Commission within 30 days after receipt by the Local Issuing Authority of
written notice of appeal. A notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension,
revocation, unilateral modification, grant with a condition of a permit, or notice of calling
a bond by the Local Issuing Authority, of the issuance of a stop-work order pursuant to
this Ordinance.
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 denovo to the
Superior Court of Richmond County, Georgia.
SECTION X EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
2010; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect 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
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impose any liability upon the Local Issuing Authority, Augusta, Georgia 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 thereunder or pollute any Waters of the
State as defined thereby.
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Exhibit “B”
REPLACE WITH:
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Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.” SECTION II DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) 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 1st of the year in which the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. 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.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. City: The Augusta, Georgia (formerly known as Augusta-Richmond County)
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7. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
8. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
9. Department: The Georgia Department of Natural Resources (DNR).
10. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
11. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
12. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
13. Director: The Director of the Environmental Protection Division or an authorized representative.
14. District: The Brier Creek Soil and Water Conservation District.
15. Division: The Environmental Protection Division (EPD) of the Department of Natural Resources.
16. 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.
17. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
18. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.D.&E. of this ordinance.
19. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
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20. 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 EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used.
Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
21. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
22. 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.
23. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
24. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
25. Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.
26. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
City Administrator or an authorized representative.
27. 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.
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
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29. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
30. 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.
31. NOI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
32. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009).
34. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
35. 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.
36. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
37. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
38. Planning Commission: The Augusta-Richmond County Planning Commission.
39. 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.
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40. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
41. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one 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.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
44. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
46. 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.
47. 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
§12-5-30.
48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
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49. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
54. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
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55. 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
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (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 Section IV of this Ordinance
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
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or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. 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 (3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (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 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 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing Authority
from regulating any such project which is not specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority
shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
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Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes in lot grade to the Augusta Engineering Department for approval prior to getting a
building permit and conform to the minimum requirements as set forth in section IV of
this article, including, but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
(c) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall apply the stormwater management standards for new
development and redevelopment and submit stormwater quality management plan to the
Augusta Engineering Department for approval prior to getting a building permit or
grading permit. All stormwater runoff shall be adequately treated prior to discharge. The stormwater management system shall be designed to capture and treat the water quality
treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of
rainfall from a site.
(1) New development that creates or adds 5,000 square feet or greater impervious surface area, or that involve land disturbing activity of 5,000 square feet of land or greater.
(2) Redevelopment that creates or adds 5,000 square feet or greater impervious surface
area, or that involves land disturbing activity of 10,000 square feet of land or greater.
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SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
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 IV.B. D. & E. of this ordinance. The application of measures and practices shall
apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. 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 Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia Water Quality Control Act", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
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a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than one (1) acre.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential;
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4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, 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 i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) 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 iv) along
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any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing
activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
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activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of
this ordinance.
G. LAND-DISTURBING ACTIVITY:
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.
SECTION V APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations
or permits, which regulate the development of land within the jurisdictional boundaries of
the Local Issuing Authority. However, the owner or operator, with owner notarized
written consent, is the only party who may obtain a permit.
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B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Local Issuing Authority without first obtaining a Land Development Permit (LDA) from the City to perform such activity and providing a copy of Notice of
Intent submitted to EPD if applicable. This also applies to mass grading activities at
individual lots within a common development such as subdivision and a builder shall
obtain a Land Disturbing Permit as well as a building permit to commence construction.
2. The application for a permit shall be submitted to the City and must include the
applicant’s erosion, sedimentation and pollution control plan with a completed checklist
and supporting data, as necessary. Said plans shall include, as a minimum, the data
specified in Section V.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 IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be
accepted unless accompanied by six (6) copies of the applicant’s erosion, sedimentation
and pollution control plans. All applications shall contain a certification stating that the
plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion
thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is submitted to the City. 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 $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 City shall
refer the application and plan to the District for its review and approval or disapproval
concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the
District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the City. No permit will be issued
unless the plan has been approved by the District, and any variances required by Section
IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section V B.6., have been obtained. Such review will not be required if the City and the District
have entered into an agreement which allows the City to conduct such review and
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approval of the plan without referring the application and plan to the District. The City
with plan review authority shall approve or disapprove a revised Plan submittal within 35
days of receipt. Failure of the City with plan review authority to act within 35 days shall
be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the City may deny the permit application.
6. Bond Requirement: The City may require the permit applicant to post a bond in
the form of government security, cash, irrevocable letter of credit, or any combination
thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed
land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the City may call the bond
or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. 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 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. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
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4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the City of a completed application, providing
variances and bonding are obtained, where necessary and all applicable fees have
been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.
2. No permit shall be issued by the City unless the erosion, sedimentation and pollution
control plan has been approved by the District and the City has affirmatively
determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. are obtained, bonding requirements, if necessary, as per Section V
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 the City shall be subject to the same requirements of
this ordinance, and any other ordinances relating to land development, as are applied
to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for each phase.
5. The permit may be suspended, revoked, or modified by the City, as to all or any
portion of the land affected by the plan, upon finding that the land disturbing activity
is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor is in violation of this ordinance. A holder of a permit shall
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notify any successor as to all or any portion of the land affected by the approved plan
of the conditions contained in the permit.
6. The City may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However, any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
9. At completion of Land Disturbing Activities covered under this permit, the disturbed
areas shall be permanently stabilized and NOT shall be submitted as soon as possible
but not later than 45 days from establishment of permanent stabilization. A copy of
NOT shall be provided to Augusta Engineering Department. In case of phased
common development, NOT for the completed phase shall be submitted and ES&PC Plans shall be modified accordingly.
SECTION VI
INSPECTION AND ENFORCEMENT
A. The Augusta Engineering 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 primary, secondary and tertiary permittees as such terms are defined in the
state general permit. Primary permittees shall be responsible for installation and
maintenance of best management practices where the primary permittee is conducting
land-disturbing activities. Secondary permittees shall be responsible for installation and
maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and
maintenance where the tertiary permittee is conducting land-disturbing activities. If,
through inspection, it is deemed that a person engaged in land-disturbing activities as
defined herein has failed to comply with the approved plan, with permit conditions, or
with the provisions of this 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
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the land-disturbing activity fails to comply within the time specified, he shall be deemed
in violation of this ordinance.
1. Residential Construction of Individual Lots: The City Building Inspector will inspect for compliance with this Ordinance for residential construction on individual lots.
If a project is deemed not in compliance with the approved plot plan, Augusta
Engineering Department will be notified for further action. The contractor and builder
will be issued a written notice to comply with the approved plan. If the contractor/builder
engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter.
B. The City must amend its ordinances to the extent appropriate within twelve (12) months
of any amendments to the Erosion and Sedimentation Act of 1975.
C. Augusta Engineering 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
City, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a governing authority’s ordinance and review of conformance with an agreement, if any,
between the district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in
accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the
Division shall notify the governing authority of the county or municipality in writing.
The governing authority of any county or municipality so notified shall have 90 days
within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action
Attachment number 1 \nPage 46 of 52
Item # 37
47
within 90 days after notification by the division, the division shall revoke the certification
of the county or municipality as a Local Issuing Authority.
SECTION VII PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
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 violations of the provisions of this ordinance, the Director
or the City shall issue a written warning to the violator. A notice may be in any written form, including without limitation, a memo, letter, directive or citation to appear in
Magistrate Court. The violator shall have five days to correct the violation. If the
violation is not corrected within five days, the Director or the City shall issue a stop-work
order requiring that land-disturbing activities be stopped until necessary corrective action
or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are
conducted without obtaining the necessary permit, the Director or the City shall issue an
immediate stop-work order in lieu of a warning;
2. For a third and each subsequent violation, the Director or the City 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. 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.
4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the City or by the
Director or his or her Designee, have been or are being discharged into state waters and
where best management practices have not been properly designed, installed, and
maintained, a stop work order shall be issued by the City or by the Director or his or her
Designee without issuing prior written notices. 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-
Attachment number 1 \nPage 47 of 52
Item # 37
48
disturbing activity on the site with the exception of the installation and maintenance of
temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the City determines that a person engaged in land-disturbing activities at a project
where a Bond was required pursuant to Section V has failed to comply with the approved plan, the party responsible for the securing the bond shall be deemed in violation of this
Ordinance and a written warning notice to comply shall be served upon that person. The
warning 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, in addition to other penalties applicable under this Ordinance, he shall be deemed to have
forfeited his performance bond. The City may call the bond or any part thereof to be
forfeited and use the proceeds to hire a contractor to stabilize the site of the land-
disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy 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 $2,500.00 per
day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court
of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to
exceed $2,500.00 for each violation. Each day during which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
Attachment number 1 \nPage 48 of 52
Item # 37
49
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this 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.
SECTION IX ADMINISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the City,
or the issuance of a stop-work order, or the determination to call a bond pursuant to this
Ordinance 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 Augusta Commission
within 30 days after receipt by the Local Issuing Authority of written notice of appeal. A
notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta
Georgia Commission within 20 days of the denial, suspension, revocation, unilateral
modification, grant with a condition of a permit, or notice of calling a bond by the City, of the issuance of a stop-work order pursuant to this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the City, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of
Richmond County, Georgia.
Attachment number 1 \nPage 49 of 52
Item # 37
50
SECTION X EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect 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, Augusta, Georgia 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 thereunder or pollute any Waters of the
State as defined thereby.
Attachment number 1 \nPage 50 of 52
Item # 37
AUGUSTA, GEORGIA N0.Pg-1/2
Expiration: / / _
LAND DISTURBING ACTIVITY PERMIT APPLICATION
MAILING ADDRESS - Planning & Development Department Augusta Engineering Department
525 TELFAIR STREET PHONE: (706)821-1796 send a copy to: 522 Greene STREET, Augusta. GA 30901
AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)821-1708
PROJECT NAME:
PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _
PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT
TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _
PROPERTY OWNER OF RECORD:PHONE NUMBER: _
MAILING ADDRESS: _STATE/ZIP _
APPLICANT:PHONE NUMBER: _
MAILING ADDRESS:STATE/ZIP _
PHONE# & FAX#EMERGENCY PHONE NUMBER: _
ENGINEERING FIRM:FIRM CONTACT PERSON: _
24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _
24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _
In accordance with Augusta Georgia Code of Ordinance "Soil Erosion, sedimentation and Pollution Control",
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be
forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit.
I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read
the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued.
Subscribed and Sworn before me on ______day of ______20_____
Date: / / _
Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire
APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS* ( ) DISAPPROVED
[Augusta Georgia ES&PC Ordinance: Sec V(B)(5)]
SPECIAL REQUIREMENTS:
1-This Permit is valid only after signed by both AP&DD Director (or designee) & AED Director (or designee).
2-E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________
3-No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department
4-A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting
5-This permit is non transferrable
* APROVAL CONDITIONS:
AP&DD Director (or DESIGNEE)Date AED Director (or DESIGNEE)DATE
ES&PC Plan Approval Date ____________ E&S Review N0.__________
NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _
REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
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Attachment number 1 \nPage 51 of 52
Item # 37
AUGUSTA, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2
General Conditions
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty-four (24) months from date issued, this permit will become null and void.
(xiv) If land disturbing activties do not commence within sixty (60) days from date of Preconstruction Meeting held by the AED, this permit will become
inactive until a new Preconstruction Meeting is arranged and conducted.
General Notes
(i) Provide copy of NOI and associated Fee Payment proof Prior to Pre-construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department upon completion of permitted construction activities
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
(iv) Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at issuance of "Certificate of Occupancy" .
(v) For phased Development,Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at Platting of respective phase .
Attachment number 1 \nPage 52 of 52
Item # 37
Commission Meeting Agenda
3/20/2012 5:00 PM
Windsor Spring Road, Phase IV and Phase V – Chg11&SA11
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve Change Number Eleven and Supplemental
Agreement Eleven (CPB #323-04-299823766& #323-04-
204823786) in the amount of $94,923.00 for the Windsor Spring
Road, Section IV & Section V Reconstruction project to Jacobs
Engineering Group, Inc. Funding is available in the project
account for the Engineering Department. (Approved by
Engineering Services Committee March 12, 2012)
Background:The Windsor Spring Road Ph IV & PhV project funded in
SPLOST III & SPLOST IV was approved by Commission in
2001. The project is joint effort between (GDOT) and
Augusta. The City is responsible for design engineering, right-of-
way acquisitions and utility relocation. GDOT is responsible for
the construction. The project will widen and reconstruct the road
to 4 lanes with 19ft raised median and replace the bridge over
Spirit Creek. Design efforts are underway to upgrade the existing
roadway system. Supplemental services are needed to revise the
design plan to incorporate changes per current conditions and
update associated engineering and environmental studies and
documents.
Analysis:Jacobs Engineering will provide supplemental services to update
the road design, erosion, sedimentation & pollution Control Plan,
state water restoration plan, and air quality study. These revisions
are needed to incorporate current conditions and associated
impacts. These services are critical to completing the ongoing
design efforts.
Financial Impact:Funds are available in the project R/W account to be transferred to
the Engineering account 323-041110-5212115-299823766 upon
Commission approval. The fee proposal for this additional service
is $94,923.00.
Alternatives:Approve Change Number Eleven and Supplemental Agreement
Eleven (CPB #323-04-299823766& #323-04-204823786) in the
amount of $94,923.00 for the Windsor Spring Road, Section IV &
Cover Memo
Item # 38
Section V Reconstruction project to Jacobs Engineering Group,
Inc. Funding is available in the project account for the
Engineering Department. Do not approve and identify alternate
plan to complete needed improvements
Recommendation:Approve Alternate 1
Funds are Available
in the Following
Accounts:
323-041110-5212115/299823786-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 38
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized to CPB#323-041110-299823766 and Change Number Eleven. The funding for
this project in the amount of $94,923.00 is needed for the incorporation of new developments and update
plans to the current GDOT Erosion Control guidelines the Windsor Spring Road, Section IV & V project.
The funding will be transferred the R/W account to the Engineering account upon Commission approval.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase III 1,560,500$
Special 1% Sales Tax, Phase IV 600,000$
2,160,500$
Section 3: The following amounts are appropriated for the project:
By Basin By District
4th, 6th, & 8th 2,160,500$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#323-041110-299823766
CAPITAL PROJECT BUDGET
WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV
(WILLIS FOREMAN RD TO TOBACCO RD)
CHANGE NUMBER ELEVEN
McBean/Spirit Crk $ 2,160,500
Honorable, Deke Copenhaver, Mayor
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
1 of 2 10/3/2011
Attachment number 1 \nPage 1 of 2
Item # 38
Augusta-Richmond County, Georgia CPB#323-041110-299823766
CAPITAL PROJECT BUDGET
WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV
(WILLIS FOREMAN RD TO TOBACCO RD)
CHANGE NUMBER ELEVEN
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SALES TAX, PHASE III
323041110-000000-299823766 ($1,000)($1,000)
SALES TAX, PHASE III
323041110-000000-299823766 ($1,559,500)($1,559,500)
SPECIAL 1% SALES TAX, PHASE IV
324041110-000000-202824766 ($600,000)($600,000)
TOTAL SOURCES: ($2,160,500) ($2,160,500)
USE OF FUNDS
ADVERTISING
323041110-5233119-299823766 $1,000 $1,000
ENGINEERING
323041110-5212115-299823766 $1,248,639 $94,923 $1,343,562
RIGHT OF WAY
323041110-5411120-299823766 $598,361 ($94,923)$503,438
(transferred to Section V 299823786)
UTILITIES
323041110-5414510-299823766 $50,000 $50,000
SIGNAL
323041110-5414610-299823766 $5,000 $5,000
CONTINGENCY
323041110-6011110-299823766 $4,500 $4,500
TOTAL USES: $1,907,500 $1,907,500
2 of 2 10/3/2011
Attachment number 1 \nPage 2 of 2
Item # 38
(SA02 – For changes greater than $20,000) March 2010
AUGUSTA, GEORGIA
EGIEERIG DEPARTMET
SUPPLEMETAL AGREEMET
Augusta Richmond County Project
Number(s): 323-041110-299823766 & 323-041110-299823786
GDOT Number (s): STP00-7007-00 (006) & STP00-1105-00 (004) PI 250610 & 254320
Supplemental Agreement Number: 11
Purchase Order Number: 53296
WHEREAS, We, Jacobs Engineering Group Inc., Consultant, entered into a contract with Augusta-
Richmond County on June 27, 2001, for engineering design services associated with the improvements
to Windsor Spring Road Improvements Section IV & Section V, projects STP00-7007-00 (006) & STP00-
1105-00 (004), File Reference No. 12-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by
the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit:
Addition and relocation of median openings, incorporate new developments and update plans to
current GDOT Erosion Control guidelines, incorporate Restoration and Revegetation Plan as mandated
EPD, and update the Air Quality Impact Assessment as part of the environmental document.
It is agreed that as a result of the above described modifications the contract amount is increased by
$94,923 from $2,633,170.71 to a new total of $2,728,093.71.
Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in
no way modifies or changes the original contract of which it becomes a part, except as specifically stated
herein.
NOW, THEREFORE, We, Jacobs Engineering Group Inc., Consultant, hereby agree to said Supplemental
Agreement consisting of the above mentioned items and prices, and agree that this Supplemental
Agreement is hereby made a part of the original contract to be performed under the specifications
thereof, and that the original contract is in full force and effect, except insofar as it might be modified by
this Supplemental Agreement.
This day of , 2012.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY JACOBS ENGINEERING GROUP INC.
AUGUSTA, GEORGIA
Mayor Deke S. Copenhaver
Approved Date: Approved Date:
[ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
Attachment number 2 \nPage 1 of 1
Item # 38
Attachment number 3 \nPage 1 of 5
Item # 38
Attachment number 3 \nPage 2 of 5
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Attachment number 3 \nPage 3 of 5
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Item # 38
Commission Meeting Agenda
3/20/2012 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held March 6, 2012 and the Special Called Meeting
held on March 12, 2012.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 39
Commission Meeting Agenda
3/20/2012 5:00 PM
Development Authority of Richmond County
Department:
Caption:Consider a request by the Development Authority of Richmond
County to be a co-applicant on the Economic Development
Administration Grant being pursued to fund infrastructure
improvements at the Rockwood Pigment's new location. The
grant is to be used to install a dedicated wastewater line and make
road improvements on Doug Barnard Parkway and Dixon Airline
Road.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 40
Attachment number 1 \nPage 1 of 2
Item # 40
Attachment number 1 \nPage 2 of 2
Item # 40
Commission Meeting Agenda
3/20/2012 5:00 PM
Affidavit
Department:Clerk of Commission
Caption:Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 41