HomeMy WebLinkAboutORD 6093 CITY CODE GROUNDWATER RECHARGE
Augusta Richmond GA
DOCUMENTNAME () vol(nancc LoOCf'3
DOCUMENT TYPE: 0 vel fn CLn Ge
YEAR: 10(17
.-/
BOX NUMBER: J
FILE NUMBER: J.3 W'b
NUMBER OF PAGES: J I
,
.'.,\
" ~
, .
.~
.~.
ORDINANCE NO. btJ 7V
AN ORDINANCE TO AMEND TITLE 8 OF THE
AUGUSTA-RICHMOND COUNTY CODE SO AS TO
ADD A NEW CHAPTER 6 ENTITLED
"GROUNDWATER RECHARGE AREA
PROTECTION"; TO PROVIDE AN EFFECTIVE
DATE; TO REPEAL CONFLICTING
ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION
AND rr IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
Section 1, The Augusta-Richmond County Code, Title 8,
is hereby amended by adding a new Chapter 6 as follows:
CHAPTER 6
GROUNDWATER RECHARGE PROTECTION
~ 8 - 6 ..1 . AUTHORITY.
The Official Code of Georgia Annotated ~ 12-2-8 requires
that certain minimum standards shall be adopted by local
goverr..ments to protect groundwater recharge areas, This Ordinance
conforms to these minimum standards and also the minimum standards
of Chapter 391-3-316, Rules for Environmental Planning Criteria,
Georgia Department of Natural Resources Environmental Planning
Division,
~ 8-6-2. SHORT TITLE.
This Ordinance shall be known as the Groundwater Recharge
Area Protection Ordinance of Augusta, Georgia,
1
. .....,") I,
. .
~
'~
~ 8-6-3. PURPOSE.
In order to provide for the health, safety and welfare of
the public and a healthy economic climate within Augusta, Georgia
and surrounding communities, it is essential that the quality of
public drinking water be ensured, For this reason, it is necessary
to protect the subsurface water resources that Augusta, Georgia and
surraJnding communities rely on as sources of public water.
Groundwater resources are contained within aquifers, which are
permeable, rock strata occupying vast regions of the subsurface,
These aquifers are replenished by infiltration of surface water
runoff in zones of the surface known as groundwater recharge areas.
Groundwater is susceptible to contamination when unrestricted
development occurs within significant groundwater recharge areas,
It is, therefore, necessary to manage land use within groundwater
recharge areas in order to ensure that pollution threats are
minimized,
~ 8-6-4. OBJECTIVES.
The objectives of this ordinance are:
(a) Protect groundwater quality by restricting land uses
that g3nerate, use or store dangerous pollutants in recharge areas;
(b) Protect groundwater quality by limiting density of
development; and
(c) Protect groundwater quality by ensuring that any
development that occurs within the recharge area shall have no
adverse effect on groundwater quality,
2
, .
, . '
~ 8-6-5. ESTABLISHMENT OF A GROUNDWATER RECHARGE AREA DISTRICT.
A Groundwater Recharge Area District is hereby
established which shall correspond to all lands within the
jurisdiction of Augusta, Georgia, except for those lands which lie
to th:= east of the Center of Georgia Railroad as shown on the map
of Moat Significant Groundwater Recharge Areas of Georgia,
~ 8 - 6 ,- 6. DETERMINATION OF POLLUTION SUSCEPTIBILITY.
Each recharge area shall be determined to have a
pollution susceptibility of high, medium or low, based on the
Georgia Pollution Susceptibility Map prepared by the Georgia
Department of Natural Resources.
~ 8 - 6..7 . PERMIT REQUIREMENTS, ADMINISTRATION, AND ENFORCEMENT.
Within the Groundwater Recharge Area District no
building permit, site plan or subdivision plan will be approved by
Augusta, Georgia unless the permit or plan is in compliance with
the groundwater protection standards listed in ~ 8-6-11,
~ 8-6-8. PERMIT REQUIREMENT.
A building permit or a development permit within the
Groundwater Recharge Area District shall not be issued until a site
plan or subdivision plat, whichever is appropriate, has been
reviewed and approved which illustrates compliance with the
Groundwater Recharge Area Protection Ordinance. The requirements
3
. ~ .
for Elite plans are to be found in the Site Plan Regulations for
Augusta, Georgia, and the requirements for subdivision plats are to
be found in the Subdivision Regulations for Augusta, Georgia.
Those construction or development projects which are exempted under
the Site Plan Regulations are likewise exempted from the
requirements of this Ordinance,
~ 8-6-9. ADMINISTRATION.
The Executive Director of the Augusta-Richmond County
Planning Commission is hereby designated as the administrator for
this ordinance.
~ 8 - 6 .-10. ENFORCEMENT.
(a) Augusta, Georgia, its agents, officers and employees
shall have authority to enter upon privately owned land for the
purpone of performing their duties under this ordinance and may
take or cause to be made such examinations, surveys or sampling as
Augusta, Georgia deems necessary, The Director of Public Works
shall have authority to enforce this ordinance and address
violations or threatened violations hereof by issuance of violation
noticEs, administrative orders and civil and criminal actions. All
costs, fees and expenses in connection with such actions may be
recovered as damages against the violator.
(b) Law enforcement officials or other officials having
police powers shall have authority to assist the Director of Public
Works in enforcement,
(c) Any person who commits, takes part in or assists in
4
any violation of any provision of this Ordinance shall be fined not
more than $500 for each offense, Each violation shall be a
separate offense and, in the case of continuing violation, each
day's continuance shall be deemed to be a separate and distinct
offense.
(d) The Director of Public Works shall have the
authority to issue cease and desist orders in the event of any
violation of this Ordinance. Cease and desist orders may be
appealed to a court of competent jurisdiction, as identified in
~ 8 - 6 .- 12 ,
(e) When a building or other structure has been
constructed in violation of this Ordinance, the violator shall be
required to remove the structure,
(f) When removal of vegetative cover, excavation or fill
has taken place in violation of this Ordinance, the violator shall
be required to restore the affected land to its original contours
and to restore vegetation, as far as practicable.
~ 8-6-11. GROUNDWATER PROTECTION STANDARDS.
Within the Groundwater Recharge Area District, the
following minimum standards shall apply:
(a) Waste Disposal Facilities, All new waste disposal
facilities must have synthetic liners and leachate collection
systems,
(b) Agricultural Impoundments. New agricultural
impoundments shall meet the following requirements:
5
(i) For areas of high susceptibility, a liner shall be
provided that is approved by the D.S, Soil Conservation Service
(SCS) ,
(ii) For areas of medium susceptibility, an SCS-approved
liner shall be provided if the site exceeds 15 acre feet,
(c) Land Disposal, No land disposal of hazardous waste
shall be permitted within any Significant Groundwater Recharge
Area,
(d) Spill and Leak Protection. For all Significant
Groundwater Recharge Areas, the handling, storage and disposal of
hazardous materials shall take place on an impermeable surface
havin9 spill and leak protection approved by the Georgia Department
of Natural Resources, Environmental Protection Division (EPD) ,
(e) Secondary Containment, For all Significant
Groundwater Recharge Areas, new above-ground chemical or petroleum
storage tanks larger than 660 gallons must have secondary
containment for 110 percent of tank volume or 110 percent of the
large~;t tanks in a cluster of tanks,
(f) Wastewater Basins, For High Pollution
Susceptibility Areas, new wastewater treatment basins shall be an
impermeable liner approved by EPD.
(g) Stormwater Basins, For High Pollution
Susceptibility Areas, no new stormwater infiltration basins may be
constructed,
(h) Wastewater Spray and Sludge Operation,
For High
6
Pollution Susceptibility Areas, wastewater spray irrigation systems
or the land spreading of wastewater sludge shall be practiced in
accordance with Department of Natural Resources criteria for slow
rate land treatment. An application for a development permit for
activities involving wastewater spray irrigation or land spreading
of wastewater sludge must be accompanied by proof that the
applicant has received a Land Application System permit from EPD.
(i) Minimum Lot Sizes and Septic Systems, New homes
served by septic tank/drain systems shall conform to minimum lot
size requirements identified in Tables 1-3 below. (Note: No
construction may proceed on a building permit or mobile home to be
served by a septic tank without approval of the proposed septic
system by the Richmond County Health Department), The following
shall be exempted from all provisions of this Ordinance related to
lot size:
a. Lots which are included on an "Overall
Concept Plan" per Section 104.3 of the Subdivision Regulations, or
a "Sketch Plan" per Section 200.1 of the Subdivision Regulations
and s1.:.bmitted prior to 5:00 p,m. on the date of adoption of this
Ordinance; and
b, Lots which are included on a "Development
Plan" per Article III of the Subdivision Regulations and submitted
prior to 5:00 p,m. on December 31, 1998; and
c. "Lots of record" (as defined herein) prior
to 5:00 p,m, on December 31, 1998,
7
."
"
TABLE: 1. Minimum Lot Size Requirements. Source: lliiR Manual .f.QJ;:
On-Site Sewerage Management Systems,
Po utlon
Susceptibility
New Homes Serve y
Septic Systems
High
150% of minimum lot
sizes
s ecified in Table 2
125% of minimum lot
sizes
s ecified in Table 2
110% of minimum lot
sizes
s ecified in Table 2
Medium
Low
TABLE 2. Single Family Home
On-Site Septic Tank Systems,
Seweri~ Management Systems.
New Mo 1 e Homes
Served by Septic
S stems
150% of minimum lot
sizes
s ecified in Table 3
125% of minimum lot
sizes
s ecified in Table 3
110% of minimum lot
sizes
s ecified in Table 3
Minimum Lot Size where served by
Source: IlliR Manual for On-Site
SLOPE OF SOIL GROUP (SEE APPENDIX)
LOT 1 2 3 4 5
(% )
MINIMUM LOT SIZE IN SQUARE FEET
0..5 30000 39000 48000 51000 60000
5-15 33000 42000 51000 54000 66000
15 -. 2 5 36000 45000 54000 57000 N/A
2 5 -. 3 5 39000 48000 57000 60000 N7A
TABI,E 3. Mobile Home Parks Lot Size where served by On- Si te
Septic Tank Systems, Source: IlliR Manual .f.m:;: On-Site Sewerage
Management Systems,
SLOPE OF SOIL GROUP (SEE APPENDIX)
LOT 1 2 3 4 5
(%)
MINIMUM LOT SIZE IN SQUARE FEET
0-5 10000 13000 16000 17000 20000
5-15 11000 14000 17000 18000 22000
15-25 15000 18000 18000 19000 N/A
25-35 13000 16000 19000 20000 N7A
~ 8-6-12.
JUDICIAL REVIEW.
(a) Jurisdiction,
All final decisions of Augusta,
8
~ . '.
Georgia concerning denial, approval or conditional approval of a
permit shall be reviewable by appeal to the Superior Court of
Richmond County. The procedure for said appeal shall be the same
as an appeal to the Superior Court from any decision made by the
Probate Court as provided by the laws of Georgia, except that said
appeal shall be filed within thirty (30) days from the date of the
decision of denial, approval or conditional approval; and upon
failure to file said appeal within thirty (30) days, the decision
of de:~ial, approval or conditional approval shall be final,
(b) Alternative Actions, Based on these proceedings and
the dE~cision of the court, Augusta may, within a time specified by
the court, elect to:
(i) Institute negotiated purchase or condemnation
proceedings to acquire an easement or fee interest in the
applicant's land;
(ii) Approve the permit application with lesser
restrictions or conditions (i.e" grant a variance); or
(iii) Institute other appropriate actions ordered by
the court that fall within the jurisdiction of Augusta, Georgia.
~ 8-6-13. AMENDMENTS.
These regulations may, from time to time, be amended in
accordance with procedures and requirements in the general statutes
and as new information becomes available.
~ 8-6-14. ASSESSMENT RELIEF.
Assessors and boards of assessors shall consider the
9
, .
.'
requirements of these regulations in determining the fair market
value of land,
~ 8-6-15. SEPARABILITY AND ABROGATION.
All sections and subsections of this ordinance are
considered separate and distinct, Should any section, subsection,
paragraph or part of this ordinance be declared by a court of
jurisdiction to be invalid for any reason, it shall not invalidate
any other section, subsection, paragraph or part of this ordinance.
~ 8 - 6 ,.16. DEFINITIONS.
(a) Aquifer - Any stratum (rock layer) or zone of rock
beneath the surface of the earth capable of containing or producing
water from a well.
(Note: This is the same definition used in the
Groundwater Use Act) ,
(b) Groundwater Recharge Area (synonymous with Aquifer
Recharge Area)
An area of the Earth's surface where water
infiltrates the ground, thereby replenishing the groundwater
supplies within an aquifer,
(c) Lot of Record - A parcel of land the dimensions of
which are shown on a map on file with the Clerk of Superior Court
of Ric:tlmond County, Georgia, or in common use by county officials,
and which actually exists as so shown, or any part of such parcel
held in a recorded ownership separate from the ownership of the
remainder thereof.
(d)
Pollution
Susceptibility
The
relative
vulnerability of groundwater to pollution from chemical spills,
10
,
: i
...'.
'. .
.....
.' .
leaching of pollutants from dump sites, animal waste from
agric'.lltural operations or pollution generated by other human
activities.
(e) Pollution Susceptibility Map(s) - Maps prepared by
the Georgia Department of Natural Resources (DNR) that show the
relative susceptibility of groundwater to pollution.
Pollution
susceptibility maps categorize the land areas of the State into
areas of high, medium and low groundwater pollution potential,
These maps are available at the office of the Augusta-Richmond
County Planning Commission,
(f) Significant Groundwater Recharge Areas
Areas
mapped by DNR in Hydrologic Atlas 18 (1989 edition).
Mapping of
recharge areas is based on outcrop area, lithology (chemical nature
and fcrm of the rock), soil type and thickness, slope, density of
lithologic contacts, geologic structure, presence of "karst"
topography (sinkholes, caves and fissures associated with limestone
and oLler carbonate rocks), and potentiometric surfaces, These maps
are available at the office of the Augusta-Richmond County Planning
Commission,
Section 2.......
This ordinance shall become effective on
Januar~{ 1, 1999, except that certain provisions related to lot size
(Section 5,9) shall become effective immediately upon adoption.
11
~
. J
.'" ... ..
J.:i
Section .3..
..
., "
. .
conflict with this ordinance are hereby repealed.
All ordinances or parts of ordinances in
Duly adopted this
c.2iJ da y 0 f tf!trz;~1d-
~1~t#MU
(pt day of
~A~
1998 and this
I 1998,
12