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
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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
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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.
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(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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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(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
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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
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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.
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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,
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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.
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(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.
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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
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Steep 8 % + 2.5 or 10
f. Adjacent areas and features
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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.
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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