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HomeMy WebLinkAboutORD 6362 CITY CODE TITLE 7 Augusta Richmond GA DOCUMENT NAME: 0 -;)00 \ - lo ?:>lo'd- DOCUMENT TYPE: Ord \ {)Q(lCe, YEAR: )00 \ BOX NUMBER: I?- } 5?- <60 FILE NUMBER: NUMBER OF PAGES: /1 Ill. ... r Augusta-Riclmlond County Commission Consent Agenda March 20, 200 I Page 2 APPROVED r J.) 0 '" 20 ;'..., . 25 01 ~ '"' .'.. ~;;J ( MMISSJON) ~ 6, An Ordinance to amend Title 7, Article X of the Augusta-Richmond County Code to bring said article into compliance with minimum requirements of the State of Georgia. ORDINANCE NO. n1n? An Ordinance to amend Title 7, Article 5 of the Augusta-Richmond County Code to bring said article into compliance with minimum requirements of the State of Georgia. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That Title 7, Article 5 is amended by deleting the current language in its entirity. SECTION II. That Title 7, Article 5 is amended by adding the following language: , SOIL EROSION AND SEDIMENT A TION CONTROL ORDINANCE NOW, THEREFORE BE IT ORDAINED, BY THE AUGUSTA-RICHMOND COUNTY COMMISSION OF AUGUSTA, GEORGIA SECTION I - SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE This Ordinance will be known as "Augusta, Georgia Soil and Erosion and Sedimentation Control Ordinance. " SECTION II - DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this Ordinance, unless othelwise specifically stated: 1. Best Management Practices (BMP's): A collection of structural practices and vegetative measures 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. Board: The Board of Natural Resources. 3. Buffer: The area of land inul1ediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. 4. Commission: The State Soil & Water Conservation Commission. 5. 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". 6. Department: The Department of Natural Resources. 7. 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 Ordinance. 8. 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 conditions existing as of the effective date of this Ordinance unless such activity is exempted under !F- 3-33. 9. Director: The Director of Environmental Protection Division ofthe Department of Natural Resources. 10. District: The Brier Creek Soil and Water Conservation District. II. Division: The Environmental Protection Division of the Department of Natural Resources. 12. 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 release point for storm-water management, drainage control or flood control purposes. 13. Existing Grade: The vertical location of the existing ground surface prior to cutting or filling. 14. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. 15. Erosion and Sedimentation Control Plan: A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity. Also known as the "plan". 16. Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground. 17. Finished Grade: The final elevation and contour of the ground after cutting or filling and confom1ing to the proposed design. 18. Grading: Altering the shape of ground surfaces to a predetem1ined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filling condition. 19. Ground Elevation: The original elevation of the ground surface prior to cutting or filling. 20. 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 in those instances where an application for a permit is submitted to the Division. 21. Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 6. 22. Metropolitan River Protection Act (MRPA): A state law referenced as O.e.G.A. S 12-5-440 et.seq.. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. 23. Mulching: Refers to the application of plant or other suitable materials in the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover. 24. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling. 25. Nephelometric Turbidity Units (NTUs): 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. 26. One Hundred Year Flood Plain: Land in the floodplain subject to a one (I) percent or greater statistical occurrence probability of flooding in any given year. 27. Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this Ordinance. 28. Person: Any individual, partnership, firm, associatIOn, Jomt 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. 29. Planning Commission: The Augusta-Richmond County Planning Commission. 30. Project: The entire proposed development project regardless of the size of the area of land to be disturbed. 2 31. 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 shoulder areas, an carrying water to a release point on the other side. 32. Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site or origin by air, water, ice, or gravity as a product of erosion. 33. Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. 34. 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. 35. 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. 36. 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. 37. 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. 38. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. 39. Structural Erosion and Sedimentation Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, diversions, grade stabilization structures, sediment traps and land grading, etc. Such practices can be found in the publication, " Manual for Erosion and Sediment Control in Georgia". 40. Trout Streams: All streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. S 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. First order trout waters are streams into which no other streams flow except springs. 41. Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with: A. Permanent seeding, sprigging or planting, producing long-term vegetative cover; or B. Temporary seeding, producing short-term vegetative cover; or C. Sodding, covering areas with a turf of perennial sod-forming grass. 3 . " Such measures can be found in the publication, "Manual for Erosion and Sediment Control in Georgia". 42. 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 an which has a defmite channel, bed and banks, and including any area adjacent thereto, subject to inundation by reason of overflow or floodwater. 43. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. SECTION III - EXEMPTIONS This ordinance shall apply to any land-disturbing activity undertaken by any person on any land except for the following: At 1. Surface mining, as the same is defined in O.C.G.A. S 12-4-72, "Mineral Resources and Caves Act"; 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; 4. Agricultural operations as defined in O.C.G.A. S 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited cattle, calves, swine, hogs, goats, sheep and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; 5. Forestry and land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs, (15) and (16) of Section IV C. of this Ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices; 6. Any projects carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agricultural; 7. Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, 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 1,2,3,4,5,6,8, or 9 of this section; 8. Construction or maintenance projects, or both, undertaken or fmanced in whole or in part, or both, by the Deparnnent of Transportation, the Georgia Highway Authority, or the State Tollway 4 Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Section IV, B. & C. of this Ordinance; provided further that construction or maintenance projects of Department of Transportation or State Tollway Authority which disturb five or more contiguous acres ofland shall be subject to provisions of code Section 12-7- 7.1; and; 9. 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 Conunission, provided that any such land-disturbing activity shall confom1 to the minimum requirements set forth in Section IV, B. & c. b. Where this section requires compliance with the minimum requirements set forth in Section IV, B. & c. of this ordinance, 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 by permit holders. SECTION IV - MINIMUM REQUIREMENTS FOR EROSION AND SEDIMENTATION CONTROL USING BEST MANAGEMENT PRACTICES 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 Ordinance shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the erosion and sedimentation control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of Section IV, B. & c. of this Ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sedimentation pollution during all stages of any land-disturbing activity. B. MINIMUM REQUIREMENTSIBMP's 1. Best management practices as set forth in Section IV, B. & C. of this Ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the 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 issued pursuant to subsection (f) of Code Section 912-5-30, the "Georgia Water Quality Control Act". As used in this subsection, the terms "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 Code Section 912-5- 30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than 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 pennit issued by a local Issuing Authority or by the Division or any general permit for construction activities issued by the Division pursuant to subsection (f) of Code Section 912-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs. 5 4. The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. C. The rules and regulations, ordinances, or resolutions adopted pursuant to this Chapter 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 I of the year in which the land-disturbing activity was permitted, as well as the following: I. Stripping of vegetation, regarding and other development activities shall be conducted in a manner so as to minimize erosion; 2. Cut-fill operations must be kept to a minimum; 3. Development plans must conform to topography and soil type so as to create the lowest practical erosion potential; 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented; 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable mlOlmum; 6. Disturbed soil shall be stabilized as quickly as practicable; 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 8. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements ofO.C.G.A. 912-7-1 et. sea.; 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 11. Cuts and fills may not endanger adjoining property; 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 13. Grading equipment must cross-flowing streams by means of bridges or culverts except when such methods are not feasible, and provided, in any case, that such crossings are kept to a minimum. 14. Land-disturbing activity 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 waters beyond the levels specified in Section IV, B. 2. of this Ordinance; 15. Except as provided in paragraph (16) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been 6 wrested by nOffilal 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. S 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 project plans and specifications, and are implemented; provided, however, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, of the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: No land disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thirmed or trimmed of vegetation as long as a protective vegetation cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed, provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and 16. There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, of the "Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average armual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: and D. Nothing contained in this Chapter shall prevent an Issuing Authority from adopting rules and regulations, ordinances, or resolutions, which contain requirements that exceed the milllmum requirements in Section IV, B. & c. of this Ordinance. E. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of, nor create a presumption of, a violation of the standards provided for in this Ordinance or the terms of the permit. 7 SECTION V - APPLICATION 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, Storm water Management Ordinance, Subdivision Ordinances, this Ordinance, and other ordinances, which regulate the development of land within the jurisdictional boundaries of the Issuing Authority. However, the property owner is the only party who may obtain a permit. B. APPLICATION REQUIREMENTS 1. No person shall conduct any land-disturbing actIvIty within the jurisdictional boundaries of Augusta, Georgia without first obtaining a permit from the Augusta-Richmond County Plalming Planning Commission (the "Issuing Authority") to perform such activity. 2. The application for a permit shall be submitted to the Augusta-Richmond County Planning Commission and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section V, C. of this Ordinance. Soil erosion and sedimentation control plans shall conform to the provisions of Section IV, B. & c. of this Ordinance. 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. A fee, in the amount of up to, but not exceeding, three thousand dollars ($3000.00). 4. Immediately upon receipt of an application and plan for a permit, the Issuing Authority shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation 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 Section IV, C. 15. & 16. and bonding, if required as per Section V, B.S. (b), 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. 5. (a) If a permit applicant has had two or more violations of previous permits, this Ordinance section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of 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, $3000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Ordinance or with the conditions of the permit after issuance, the 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 alleged permit violations. C. PLAN REQUIREMENTS I. Plans must be prepared to meet the minimum requirements as contained in Section IV, B. & C. of this Ordinance. Conformance with the minimum requirements may be attained through the use of 8 . . .. design criteria in the current issue of 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 more stringent, alternate design criteria which conform to sound conservation and engineering practices. The "Manual for Erosion and Sediment Control in Georgia" is hereby incorporated by reference into this Ordinance. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. 2. Data Required for Site Plan (a) Narrative notes and other information: Notes or narrative to be located on the site plan III general notes or in erosion and sediment control notes. (b) Description of ex isting land use at project site and description of proposed project. (c) Name, address, and phone number of the property owner. (d) Name and phone number of the 24-hour local contact who is responsible for erosion and sedimentation controls. ( e) Size of project, or phase under construction in acres. (f) Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters that "the installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities." (g) Stormwater and sedimentation management systems' storage capacity, hydrologic study, and calculations, including off-site drainage areas. (h) Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan should show options for year-round seeding. (i) Detail drawings for all structural practices. Specifications may follow guidelines set forth in the "Manual for Erosion and Sedimentation Control in Georgia". (j) Maintenance statement - "Erosion and sedimentation control measures will be maintained at all times. Additional erosion and sedimentation control measures and practices will be installed if deemed necessary by onsite 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 area within project boundary. (e) Existing and planned contours, with an interval in accordance with the following: 9 '.., MAP SCALE GROUND SLOPE CONTOUR INTER VAL, ft. Flat 0-2% 0.5 or 1 1 inch - 100 ft. or larger scale Rolling 2-8% I or 2 Steen 8%+ 2.5 or 10 (f) Adjacent areas and features 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 areas. (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 sedimentation control measures and practices using 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 property 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 stoml 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 easements e. Existing drainage swales f. Footprint of building g. Building setback dimensions h. Best management practices to be implemented: I. Sediment barriers 2. Proposed drainage swales 3. Construction exit 10 / ~ ' 4. Maintenance 1. 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. How disturbed soils will be permanently stabilized. k. I 00- Year floodplain data I. Existing structures on property. D PERNUTS 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 are 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 sedimentation control plan has been approved by the District and the Issuing Authority has affirmatively determined that the plan is in compliance with this Ordinance, any variance required by Section IV, C. 15. & 16. are obtained, bonding requirements, if necessary, as per Section V, B. 5. (b) are met and all ordinances and rules and regulations in effect within the jurisdiction 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, 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 approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this Ordinance. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 5. No permit shall be issued unless the applicant provides a statement by the Richmond County Tax Conunissioner certifying that all ad valorem taxes levied against the property and due and owing have been paid. SECTION VI - INSPECTION AND ENFORCEMENT A. The Augusta Public Works and Engineering Department will periodically inspect the sites of land- disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land-disrurbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this Ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Ordinance. I. Residential Construction of Individual Lots: The License and Inspection Department will inspect for compliance with this Ordinance for residential construction on individual lots. If a project is deemed not to be in compliance with the approved plot plan, the contractor will be issued a II / I I .. t 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. B. The Augusta Public Works and Engineering Department shall have the power to conduct such investigations as it may reasonably deem necessary to cany out duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. C. No person shall refuse entry or access to any authorized representative or agent of the Issuing Authority, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of canying out his official duties. D. The Districts or the Commission, or both, shall periodically review the actions of counties and municipalities which have been certified as Issuing Authorities pursuant to O.e.G. A. S 12-7-8(a). The Districts or the Commission, or both, may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion 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 the counties and municipalities which have been certified as Issuing Authorities pursuant to Code Section S 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the District and the Governing Authority. If such review indicates that the Governing Authority of any county or municipality certified pursuant to O.e.G.A. S 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.e.G.A. SI2-7-7(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 thirty (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 corrective action within thirty (30) days after notification by the Division, the Division may revoke the certification of the county or municipality as an Issuing Authority. SECTION VII - PENALTIES AND INCENTIVES A. FAILURE TO OBTAIN A PERMIT FOR LAND-DISTURBING ACTIVITY. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this Ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Issuing Authority. B. STOP-WORK ORDERS 1. For the first and second violations of the provisions of this Ordinance, the Director or the Issuing Authority shall issue a written warning to the violator. The violator shall have five (5) days to correct the violation. If the violation is not corrected within five (5) days, the Director or Issuing Authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or Issuing Authority shall issue an immediate stop-work order in lieu of a warning; 12 . .~, ~ 2. For a third and each subsequent violation, the Director or Issuing Authority shall issue an immediate stop-work order; and; 3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. 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 Ordinance and, in addition to other penalties, shall be deemed to have forfeited his Performance Bond, if required to post one under the provisions of Section V, B. 5. (b). 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 1. Except as provided in paragraph (2) of this subsection, any person who violates any provisions of this Ordinance, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this Ordinance or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this Ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this Ordinance, notwithstanding any provisions in any City charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to pena~ties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent trying cases brought as violations of this Ordinance under county ordinances approved under this Ordinance shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation. 2. The following penalties shall apply to land-disturbing activities performed in violation of any provision of this Ordinance, any rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this Ordinance; (A) There shall be a minimum penalty of $250.00 per day for each violation involving the construction of a single-family dwelling by or under contract with the owner for his or her own occupancy; and; (B) There shall be a minimum penalty of $1,000.00 per day for each violation involving land- disturbing activities other than as provided in subsection (A) of this paragraph. SECTION VIII - ADMINISTRATIVE APPEAL JUDICAL REVIEW A. ADMINISTRATIVE REMEDIES The suspension. revocation, modification or grant with conditions 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 Augusta- Richmond County Commission within thirty (30) days after receipt by the Issuing Authority of written notice of appeal. 13 . . ' ~ -,' - 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 denovo to the Superior Court of Richmond County, Georgia. SECTION IX - EFFECTIVITY, VALIDITY AND LIABILITY A. EFFECTIVITY This ordinance shall become effective on the 3rd day of April , 2001. B. VALIDITY If any section, paragraph, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not effect the remaining portions of this Ordinance. C. LIABILITY 1. Neither the approval of a plan under the provisions of this Ordinance, nor the compliance with provisions of this Ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Issuing Authority or District for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Ordinance or the terms of the permit. 3. No provision of this Ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the State as defined thereby. ATTEST: Signature Signature 1st Reading 14 ( ~, . ~# . " . SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Done in Open Meeting under the Common Seal thereof this April 3rd day of ,2001. ~ W~ L RK OF SSION Published in the Augusta Chronicle April 12, 2001 1st Reading 3=20=-1 2nd Reading 4-3-01