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HomeMy WebLinkAboutORD 6167 AMEND ARC CITY CODE REF SITE REGULATIONS Augusta Richmond GA DOCUMENT NAME: C) -qq - lollory DOCUMENT TYPE: ORb\(\.} A60Ce YEAR: 1 q<19 BOX NUMBER: >J FILE NUMBER: I 'i :2. "3 q NUMBER OF PAGES: ~;3 i, .:"'" ~ ......-'- -.. .. ORDINANCE NO. 6167 AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE, TITLE 7, ARTICLE 5, TO MAKE EDITORIAL CHANGES AND TO AMEND ~ 7 - 3 - 3 5 TO REQUIRE COMPLIANCE WITH THE SITE PLAN REGULATIONS AND TO REQUIRE BEST MANAGEMENT PRACTICES BE IMPLEMENTED; TO RESTATE SAID ARTICLE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code, Title 7, Article 5 is hereby amended by amending said Article as follows; (a) Amending ~ 7-3-31 to change the, name of the article to the "Augusta-Richmond "County Soil Erosion and Sediment Control Ordinance"; (b) Amending ~ 7-3-33 to delete the exemption for construction of single family residences as was provided in ~ 7-3- 33(d) and to renumber said exemptions; (c) Amending ~ 7-3-35 (a) to provide for a review of the Site Plan Regulations; (d) Amending ~ 7-3-35 (c) (5) (h) to require Best Management Practices to be implemented and illustrated on residential plot plans, including but not limited to: 1. Sediment barriers 1 .' '. " , .. .. 2. Proposed drainage swales 3. Construction exit 4. Maintenance; (e) Amending ~ 7-3-35 (d) (1) to provide that permits for residential construction shall be issued or denied as soon as practical by the License and Inspection Department. (f) Amending ~ 7-3-36 (a) to add a new subparagraph (2) to provide for inspection of residential construction on individual lots. (g) Amending said article to change the name from the "Augusta-Richmond County Engineering Department" to the "Augusta Department of Public Works and Engineering'; and (h) Restating said Article in its entirety, as follows: ARTICLE 5 SOIL EROSION AND SEDIMENT CONTROL ~ 7-3-31. TITLE. This article Richmond County Soil Ordinance. will be known as the Augusta- Erosion and Sediment Control ~ 7-3-32. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated: (a) Best Management Practices (BMP's). A collection of structural measures and vegetati ve practices which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control for all rainfall events up to and including a 25-year, 24-hour rainfall event. 2 " .. (b) Board. The Board of Natural Resources. (c) Buffer. An area along the course of any state waters to be maintained in an undisturbed and natural condition. (d) Conunission. Conservation Commission. The State Soil and Water (e) Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation. (f) Departmen t . The Department of Natural Resources. (g) Developer. Refers to the person or persons, corporation, or other business applying for a permit to undertake land-disturbing activity and performing development within the scope of this article. (h) Development. Refers to any activity which would alter the elevation of the land, remove or destroy plant life, cause structure of any kind to be installed, erected, or removed, or a change of any kind from condi tions existing as of the effective date of this article unless such activity is exempted under ~ 7-3-33. (i) Director. The Director Environmental Protection Division. of the (j) District. The Brier Creek Soil and Water Conservation District. (k) Division. The Environmental Protection Division of the Department of Natural Resources. (1) Drainage structure. A device composed of a virtually nonerodible 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. (m) Erosion. The process by which land surface is worn away by the action of wind, water, ice or gravity. 3 " . , for the resulting the plan. (n) Erosion and Sediment Control Plan. A plan control of soil erosion and sedimentation from land-disturbing activity. Also known as (0) Existing grade. The vertical location of the existing ground surface prior to cutting or filling. (p) Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground. (q) Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. (r) Grading. Altering the shape of ground surfaces to 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. (s) Ground Elevation. The original elevation of the ground surface prior to cutting or filling. (t) Issuing authority. The governing authority of any county or municipality which has been certified by the Director of the Environmental Protection Division of the Department of Natural Resources as an Issuing Authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended or the Division of those instances where an application for a permit is submitted to the Division. (u) 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 ~ 7-3-33(5). (v) Metropoli tan River Protection Act (MRPA). A state law referenced as a.C.G.A. ~ 12-5-440 et seq., which addresses environmental and development matters in certain metropolitan river corridors and their drainage basins. (w) Mul ching. Refers to the application of 4 plant or other suitable materials in the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover. (x) Natural ground surface. surface in its original state before excavation or filling. The ground any grading, (y) Nephelometric Turbidi ty Uni ts (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 particles are present. (z) One Hundred Year Flood Plain. Land in the floodplain subject to a one (1) percent or greater statistical occurrence probability of flooding in any given year. (aa) Permit. The authorization necessary to conduct land-disturbing activity under the provisions of this article. (bb) Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body or any other legal entity. (cc) Planning Commission. The Augusta-Richmond County Planning Commission. (dd) Project. The entire proposed development project regardless of the size of the area of land to be disturbed. (ee) Roadway Drainage Structure. A device such as a bridge, culvert or ditch composed of a virtually nonerodible 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 way consisting of one or more defined lanes, with or without should areas, and carrying water to a release point on the other side. and (ff) Sedimen t. inorganic, that is Solid material, both organic in suspension, is being 5 " transported, or has been moved from its site origin by air, water, ice, or gravity as a product of erosion. (gg) Sedimentation. The action or process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. (hh) Soil and Water Conservation District Approved Plan. An erosion and sedimentation control plan approved in writing by the Brier Creek Soil and Water Conservation District. (ii) Soil Erosion and Sediment Control Measures. Refers to mechanical measures used to reshape the land to intercept, divert, convey, retard, or otherwise control runoff, including, but not limited to, land grading, bench terraces, subsurface drains, diversions, berms, storm sewers, outlets, waterway stabilization structures, lined channels, sediment and debris basin, and stream channel and bank stabilization; and vegetative measures to provide temporary cover to help control erosion during construction and permanent cover to stabilize the site after construction is complete. (jj) Soil erosion and sediment control plan or plans. Refers to the plan for the control of soil erosion and sedimentation resulting from land-disturbing activities. (kk) 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. (11) 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 and artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. (mm) Structural Erosion and Sedimentation Control Measures. Measures for the stabilization of erosive or sediment-producing areas by utilizing the 6 " " mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc. Such measures can be found in the publication Manual for Erosion Sediment Control in Georgia. (nn) Trout streams. All streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, a.C.G.A. ~ 12-5-20 et seq. 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. (00) Vegetative Erosion and Sedimentation Control Practices. Practices for the stabilization of erosive or sediment-producing areas by covering the soil with: (1) Permanent seeding, sprigging or planting, producing long-term vegetative cover; or (2) Temporary seeding, producing short- term vegetative cover; or (3) Sodding, covering areas with a turf of perennial sod-forming grass. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. (pp) 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 as a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. (qq) Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency 7 " " 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. ~ 7-3-33. EXEMPTIONS. This,article shall apply to any land-disturbing activity undertaken by any person on any land except for the following: (a) Surface mining, as the same is defined in a.C.G.A. ~ 12-4-72. (b) Granite quarrying and land clearing for such quarrying. (c) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion. (d) Agricultural operations as defined in a.C.G.A. ~ 1-3-3 to include raising, harvesting or storing of products of the field or orchard; the preparation and planting of pasture land; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including by not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chicken, hens, turkeys; producing plants, trees, fowl, or animals, the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; forestry land management practices, including harvesting and farm buildings and farm ponds. (e) Any proj ect carried out under the technical supervision of the Natural Resources Conservation Service of the United State Department of Agriculture. (f) Any project involving one and one-tenth (1.1) acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within two hundred (200) feet of the bank of any state waters; and for purposes of this paragraph, state waters excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them 8 " year-round; provided, however, that any person responsible for a project which involves one and one- tenth (1.1) acres or less, which involves land-disturbing activity, and which is within two hundred (200) feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the issuing authority from regulating any such project which is not specifically exempted by paragraphs (a), (b), (c), (d), (e), (g), (h), or (j) of this subsection. (g) 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 Georgia Tollway Authority; or any road construction or maintenance project, both undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in ~ 7-3-34 of this article. (h) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum requirements set forth in ~ 7-3- 3 3 (b) and ( c) . Where this section requires compliance with the minimum requirements set forth in ~ 7-3-34 (b) and (c) of this article, issuing authorities shall enforce compliance with the minimum requirements as if a permit had been issued and violations shall be subject to the same penalties as violations of permit holders. ~ 7-3-34. MINIMUM REQUIREMENTS FOR EROSION AND SEDIMENTATION CONTROL. (a) General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities. Therefore, plans for those land-disturbing activities which are not excluded by this chapter shall contain provisions for application of soil erosion and sediment control measures. The provisions shall be incorporated into the erosion and sediment control plans. Soil erosion and sediment control measures shall conform to the minimum requirements of subparagraphs (b) and (c) hereof. The application of measures shall apply to all features of the site, including street and utility installations, drainage 9 .' facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sediment pollution during all stages of any land-disturbing activity. (b) Minimum requirements/ BMP's. (1) Best management practices as set forth in subparagraphs (b) and (c) of this section 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 stormwater issues pursuant to subsection (f) of a.C.G.A. ~ 12-5-30. As used in this subsection, the term proper design and properly designed mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25-year, 24 hour rainfall event. (2) A discharge of stormwater 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 by the Division or of any general permit for construction activities issued by the Division pursuant to subsection (f) of a.C.G.A. ~ 12-5-30 for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten 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. (3) Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or by the Division or of any general permit for construction activities issued by the Division pursuant to subsection (f) of a.C.G.A. ~ 12-5-30 for each day on which such failure occurs. (4) The Director may require, in accordance with the regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land- disturbing activities occur. 10 (c) The rules and regulations, ordinances, or resolutions adopted pursuant to the article for the purpose of governing land-disturbing activities shall require, as a minimum, 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; a minimum; (2) Cut-fill operations must be kept to (3) Development plans must topography and soil type so as to create practical erosion potential; conform to the lowest (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) shall be employed during development. Temporary to protect vegetation or mulching exposed critical areas (8) Permanent vegetation and structural erosion control measures shall be installed as soon as practicable. (9) To the extent necessary, sediment in runoff water must be trapped by the use of debris basin, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this subparagraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirement of this article; (10) Adequate provisions must be provided I 1 to minimize damage from surface water to the cut face of excavations or the sloping surface of fills; (11) Cuts and fills may not endanger adjoining property; (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; (13) Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible and provided, in any such case, that such crossings are kept to a minimum; (14) Land-disturbing acti vi ty plans for erosion and sedimentation 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 streams beyond the levels specified in subparagraphs (b) and (c) of this section; (15) Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. !5i 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the proj ect plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5, the "Metropolitan River Protection Act" shall remain in force unless a variance is granted by the Director as provided in this paragraph; and (16) Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of the "Georgia Water Quality Act", unless a variance for such activity is granted by the Director, except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans 12 and specifications and are implemented. (d) Nothing contained in this article shall prevent an Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain requirements that exceed the minimum requirements in subparagraphs (b) and (c) of this section. (e) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of, nor create a presumption of, a violation of the standards provided for in this article or the terms of the permit. ~ 7-3-35. APPLICATION/PERMIT PROCESS. (a) General. The property owner, developer and designated planners and engineers shall review the general development plans and detailed plans of the Issuing Authority that affect the tract to be developed and the area surrounding it. They shall review the Zoning Ordinance, Stormwater Management Ordinance, Subdivision Ordinance, Site Plan Regulations, this article, and other ordinances which regulate the development of land within the boundaries of the Issuing Authority. However, the property owner is the only party that can obtain a permit. (b) Application requirements. (1) No person shall conduct any land- disturbing activities within the jurisdiction boundaries of Richmond County without first obtaining a permit from the issuing authority of the Augusta-Richmond County Planning Commission (the IIIssuing Authorityll) to perform such activity. No person shall conduct any land disturbing activities on individual residential lots for the purpose of residential construction without first obtaining a permit from the License and Inspection Department. The contractor requesting a residential building permit on an individual lot shall submit a detailed plot plan to the License and Inspection Department for staff review. The detailed plot plan shall include as a minimum the data specified in Section 7-3-35 (c) . (2) The application for a permit shall be submitted to the Issuing Authority and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, 13 as a minimum, the data specified in subsection (c) of this section. Soil erosion and sedimentation control plans shall conform to the provisions of ~ 7-3-34 (b) and (c) of this article. Applications for a permit will not be accepted unless accompanied by six (6) copies of the applicant's soil erosion and sedimentation control plans. (3) Immediately upon receipt of an application and plan for a permit, the Issuing Authority shall refer the application and the plan to the City Engineer and the District for its review and approval or disapproval concerning the adequacy of the erosion and sediment control plan. The results of the District review shall be forwarded to the Issuing Authority. No permit will be issued unless the plan has been approved by the District and any variances required by ~ 7 - 3- 34(b) (16), (17) and bonding, if required as per paragraph (4) below, have been obtained. Such review will not be required if the Issuing Authority and the District have entered into an agreement which allows the Issuing Authority to conduct such review and approval of the plan without referring the application and plan to the District. (4) a. If the applicant has had two (2) or more violations of previous permits, this article, or the Erosion and Sediment, as amended within three (3) years prior to the date of the filing of the application under consideration, the Issuing Authority may deny the permit application. b. The Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof, up to but not exceeding three thousand dollars ($3,000.00) per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this article or with the conditions of the permit after issuance, the Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Issuing Authority with respect to the alleged permit violations. (c) Plan requirements. 14 (1) Plans must be prepared to meet the minimum requirements as contained in ~ 7-3-34 (b) and (c). Conformance with the minimum requirements may be attained through the use of design criteria in the Manual for Erosion and Sediment Control in Georgia published by the State Soil and Water Conservation Commission as a guide; or through the use of 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 article. 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. (2) Data required for site plan. a. Narrative or notes, and other information; notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes. b. Description of existing land use at project site and description of proposed project. c. of the property owner. Name, address, and phone number d. Name and phone number of twenty- four-hour local contact who is responsible for erosion and sediment controls. e. construction, in acres. Size of project, or phase under f. Activity schedule; show anticipated starting and completion dates for project. Include the statement in bold letters, that the installation of erosion control measures and practices shall occur prior to or concurrent with land-disturbing activities. g. Storm water and sediment management systems' storage capacity, hydrologic study, and calculations, including off-site drainage area. 15 h. Vegetative plan for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime, and mulching rates, Vegetative plan should show options for year-round seeding. i. Detail drawings structural practices. Specifications guidelines set forth in the Manual for Sediment Control in Georgia. for all may follow Erosion and j. Maintenance statement: Erosion control measures will be maintained at all times. Additional erosion and sediment control measures will be installed if deemed necessary by on-site inspection. (3) Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying, or erosion and sedimentation control. The certified plans shall contain: a. Graphic scale and north point or arrow indicating magnetic north. b. Vicinity maps showing location of project and existing streets. c. Boundary line survey. d. Delineation of disturbed areas within project boundary. e. Existing and planned contours, with contour lines drawn with an interval in accordance with the following: Map Scale Ground Slope Contour Interval, feet 1 inch=100 ft. or Flat 0 - 2 % 0.5 or 1 larger scale I Rolling 2 - 8% 1 or 2 I I Steep 8 % + 2.5 or 10 f. Adjacent areas and features 16 areas such as streams, lakes, residential areas, etc., which might be affected should be indicated on the plan. g. Proposed structures or additions to existing structures and paved area. h. Delineate the 25-foot horizontal buffer adjacent to state waters and the specified width in MRPA areas. i. Delineate the specified horizontal buffer along designated trout streams, where applicable. j . Location of erosion and sediment control practices, preferably using uniform coding symbols from the Manual for Erosion and Sediment Control in Georgia, chapter 6. (4) Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the owner. (5) Plot plans for single family homes on individual lots shall illustrate the best management practices the contractor will implement during construction to prevent soil erosion and damage to adjoining properties as a result of erosion; the plot plan shall illustrate positive storm water drainage to an existing storm water structure; and the plot plan shall illustrate the method for permanently stabilizing the disturbed soil upon completion of construction The following shall be illustrated on residential plot plans. a. Contractors name. b. Street name and property address c. Lot dimensions drawn to scale. d. All drainage and utility easement. e. Existing drainage swales. f. Foot print of building. g. Building setback dimensions. 17 h. Best management practices to be implemented, including but not limited to: 1. Sediment barriers. 2. Proposed drainage swales. 3. Construction exit. 4. Maintenance. i. Positive storm water drainage from the lot to an existing storm water structure. Direction of flow to be indicated by arrows. Existing storm water structure includes paved streets, drainage structure inlets, drainage ditches, and swales. j . stabilized. How disturbed soils will be permanently k. 100-Year flood plain data. 1. Existing structures on property. (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 Issuing Authority of a completed application, providing variances and bonding obtained, where necessary. Permits for residential construction on individual lots shall be issued or denied as soon as practicable by the License and Inspection Department. (2) No permit shall be issued by the Issuing Authority unless the erosion and sediment control plan has been approved by the District and the Issuing Authority has affirmatively determined that the plan is in compliance with this chapter, any variances required by section !ji 7-3-34 (b) (15) and (16) are obtained, bonding requirements, if necessary, as per subsection (b) (4) of this section are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. (3) If the tract is to be developed in phases. 18 .' then a separate permit shall be required for each phase. (4) The permit may be suspended, revoked or modified by the Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of this chapter. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. (5) No permit shall be issued unless the applicant provides a statement by the office of the Richmond County Tax Commissioner certifying that all ad valorem taxes levied against the property and due and owing have been paid. ~ 7-3-36. INSPECTION AND ENFORCEMENT. (a) (1) The Augusta Department of Public Works and Engineering 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. 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 article, 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 chapter. (a) (2) The License and Inspection Department will inspect for compliance with this ordinance for residential construction on individual lots. If a proj ect is deemed not to be in compliance with the approved plot plan, the contractor will be issued a written notice to comply with the approved plot plan. 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 contractor engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter. 19 .' (b) The Augusta Department of Public Works and Engineering shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this article, 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. (c) No person shall refuse entry or access to any authorized representative or agent of the issuing authority, the conservation commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials; nor shall any persons obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. (d) The District or the Commission, or both, shall periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to a.C.G.A. ~ 12-7-8(a). The Districts or 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 and sedimentation control program. The Districts or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found. (e) The Division may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to a.C.G.A. ~ 12-7-8 (a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinances 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 a.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 a.C.G.A. ~ 12-7-7(d), 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 30 days within which to take the necessary corrective action to retain certification as an issuing authority. If the county or municipality does not take necessary correction action within 30 days after notification by the division, the division may revoke the 20 certification of the county or municipality as an issuing authority. ~ 7-3-37. PENALTIES AND INCENTIVES. (a) Failure to obtain a permi t for land- disturbing activity. If any person commences any land- disturbing activity requiring a land-disturbing permit as prescribed in this article without first obtaining the 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 Issuing Authority. (b) Stop-work orders. Upon notice from the Issuing Authority or its agent, work on any project that is being done contrary to the provisions of this chapter or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required. (c) Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter and, in addi tion to other penal ties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of ~ 7-3 -35 (b) (4) . The Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. (d) Monetary Penalties. Any person violating any provisions of this article, permitting conditions, or stop-work order shall be liable for a monetary penalty not to exceed $2,500 per day, by a sentence of imprisonment not exceeding 60 days in jail, or both fine and jail, or work alternative. Each day during which the 21 violation or failure or refusal to comply continues shall constitute a separate violation. ~ 7-3-38. ADMINISTRATIVE APPEAL; JUDICIAL REVIEW. (a) Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the Issuing Authority upon finding that the holder is not in compliance with the approved erosion and sediment 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 Issuing Authority within thirty (30) days after receipt by the issuing authority of written notice of appeal. (b) Judicial review. Any person, aggrieved by a decision or order of the issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of Richmond County, Georgia. ~ 7-3-39. VALIDITY AND LIABILITY. (a) Validity. If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not effect the remaining portions of this article. (b) Liability. (1) Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Issuing Authority or District for damage to any person or property. (2) The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit. Section 2. This Ordinance shall become effective upon adoption. 22 Sect ion 3. conflict with this Ordinance are hereby repealed. All Ordinances or parts of Ordinances in this Duly adopted by the Augusta-Richmond County Commission UHh day of May 1999. ;;jjSTgA 7Jlt1J / _ ~/ Clerk / I 1999 and this 1 ",r day of lImp By: First Reading: May 18th. 1999 Second Reading: June 1, 1999 23