HomeMy WebLinkAboutORD 7280 GROUNDWATER RECHARGE PROTECTION FOR AUGUSTA GA , �
Ord 7280
GROUNDWATER RECHARGE PROTECTION
ORDINANCE
FOR
AUGUSTA, GEORGIA
Development Document # 12
Augusta, Georgia
Updated September 2011
ORDINANCE NO. 7280
AN ORDINANCE TO AMEND TITLE 8 OF THE AUGUSTA-
RICHMOND COUNTY CODE SO AS TO ADD A NEW CHAPTER 6
ENTITLED "GROUNDWATER RECHARGE AREA PROTECTION";
TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING
ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS
FOLLOWS:
Section 1. The Augusta, Georgia Code, Title 8, is hereby amended by
adding a new Chapter 6 as follows:
CHAPTER 6
GROUNDWATER RECHARGE PROTECTION
§ 8-6-1. AUTHORITY.
The Official Code of Georgia Annotated § 12-2-8 requires that certain
minimum standards shall be adopted by local governments to protect groundwater
recharge areas. This Ordinance conforms to these minimum standards and also the
minimum standards of Chapter 391-3-316, Rules for Environmental Planning Criteria,
Georgia Department of Natural Resources Environmental Planning Division.
§ 8-6-2 SHORT TITLE
This Ordinance shall be known as the Groundwater Recharge Area
Protection Ordinance of Augusta, Georgia.
§ 8-6-3 PURPOSE
In order to provide for the health, safety and welfare of the public and a
healthy economic climate within Augusta, Georgia and surrounding communities, it is
essential that the quality of public drinking water be ensured. For this reason, it is
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necessary to protect the subsurface water resources that Augusta, Georgia and
surrounding communities rely on as sources of public water. Groundwater resources are
contained within aquafiers, which are permeable, rock strata occupying vast regions of
subsurface. These aquafiers are replenished by infiltration of surface water runoff in
zones of the surface known as groundwater recharge axeas. Groundwater is susceptible to
contamination when unrestricted development occurs within significant groundwater
recharge areas. It is, therefore, necessary to manage land use within groundwater
recharge areas in order to ensure that pollution threats are minimized.
§ 8-6-4 OBJECTIVES
The objectives of this ordinance are:
(a) Protect groundwater quality by restricting land uses that generate, use
or store dangerous pollutants in recharge areas;
(b) Protect groundwater quality by limiting density of development; and
(c) Protect groundwater quality by ensuring that any development that
occurs within the recharge area shall have no adverse effect on groundwater quality.;
§ 8-6-5 ESTABLISHMENT OF A GROUNDWATER RECHARGE AREA
DISTRICT.
A Groundwater Recharge Area District is hereby established which shall
correspond to all lands within the jurisdiction of Augusta, Georgia except for those lands
which lie to the east of the Center of Georgia Railroad as shown on the map of Most
Significant Groundwater Recharge Areas of Georgia.
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§ 8-6-6 DETERMINATION OF POLLUTION SUSCEPTIBILITY.
Each recharge area shall be determined to have a pollution susceptibility
of high, medium, or low, based on the Georgia Pollution Susceptibility Map prepared by
the Georgia Department of Natural Resources.
§ 8-6-7 PERMIT REQUIREMENTS, ADMINISTRATION, AND
ENFORCEMENT.
Within the Groundwater Recharge Area District, no building permit, site
plan or subdivision plan will be approved by Augusta, Georgia unless the permit or plan
is in compliance with the groundwater protection standards listed in § 8-6-1 l,
§ 5-6-8 PERMIT REQUIREMENT
A building permit or a development permit within the Groundwater
Recharge Area District shall not be issued until a site plan or subdivision plat, whichever
is appropriate, has been reviewed and approved which illustrates compliance with the
Groundwater Recharge Area Protection Ordinance. The requirements for site plans are to
be found in the Site Plan Regulations for Augusta, Georgia, and the requirements for
subdivision plats are to be found in the Subdivision Regulations for Augusta, Georgia.
Those construction of development projects which are exempted under the Site Plan
Regulations are likewise exempted form the requirements of this Ordinance.
§ 8-6-9 ADMINISTRATION
The Executive Director of the Augusta Planning and Development
Department Commission is hereby designated as the administrator for this ordinance.
§ 8-6-10 ENFORCEMENT
(a) Augusta, Georgia, its agents, officers and employees shall have
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authority to enter upon privately owned land for the purpose of performing their duties
under this ardinance and may take or cause to be made such examinations, surveys or:
sampling as Augusta, Georgia deems necessary. The Director of Public Works shall have
authority to enforce this ordinance and address violations or threatened violations hereof
by issuance of violation notices administrative orders and civil and criminal actions. All
costs, fees and expenses in connection with such actions may be recovered as damages
against the violator.
(b) Law enforcement officials or other officials having police powers
shall have authority to assist the Director of Public Works in enforcement.
(c) Any person who commits, takes part in or assists in any violation of
any provision of this Ordinance shall be fined not more than $500 for each offense. Each
violation shall be a separate offense and, in the case of continuing violation, each day's
continuance shall be deemed to be a separate and distinct offense.
(d) The Director of Public Works shall have the authority to issue cease
and desist orders in the event of any violation of this Ordinance. Cease and desist orders
may be appealed to a court of competent jurisdiction, as identified in § 8-6-12.
(e) When a building or other structure has been constructed in violation of
this Ordinance, the violator shall be required to remove the structure.
(� When removal of vegetative cover, excavation or fill has taken place
in violation of this Ordinance, the violator shall be required to restore the affected land to
its original contours and to restore vegetation, as far as practicable.
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§ 8-6-11 GROUNDWATER PROTECTION STANDARDS
Within the Groundwater Recharge Area District, the following minimum
standards shall apply:
(a) Waste Disposal Facilities. All new waste disposal facilities must
have synthetic liners and leachate collection systems.
(b) Agricultural Impoundments. New agricultural impoundments shall
meet the following requirements:
(i) For areas of high susceptibility, a liner shall be provided
that is approved by the U. S. Soil Conservation Service (SCS).
(ii) For areas of inedium susceptibility, an SCS-approved liner
shall be provided if the site exceeds 15 acre feet.
(c) Land Disposal. No land disposal of hazardous waste shall be
permitted within any Significant Groundwater Recharge Area.
(d) Spill and Leak Protection. For all Significant Groundwater Recharge
Areas, the handling, storage and disposal of hazardous materials shall take place on an
impermeable surface having spill and leak protection approved by the Georgia
Department of Natural Resources, Environmental Protection Division (EPD).
(e) Secondary Containment. For all Significant Groundwater Recharge
Areas, new above-ground chemical or petroleum storage tanks larger than 660 gallons
must have secondary containment for 110 percent of tank volume or 110 percent of the
largest tanks in a cluster of tanks.
( fl Wastewater Basins. For High Pollution Susceptibility Areas, new
waster-water treatment basins shall be an impermeable liner approved by EPD.
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(g) Stormwater Basins. For High Pollution Susceptibility Areas, no new
stormwater infiltration basins may be constructed.
(h) Wastewater Spray and Sludge Operation. For High Pollution
Susceptibility Areas, wastewater spray irrigation systems or the land spreading of
wastewater sludge shall be practiced in accordance with Department of Natural
Resources criteria for slow rate land treatment. An application for a development permit
for activities involving wastewater spray irrigation or land spreading of wastewater
sludge must be accompanied by proof that the applicant has received a Land Application
System permit from EPD.
(i) Minimum Lot Sizes and Septic Systems. New homes served by septic
tank/drain systems shall conform to minimum lot size requirements identified in Tables
1-3 below. (Note: No construction may proceed on a building permit or mobile home to
be served by a septic tank without approval of the proposed septic system by the
Richmond County Health Department). The following shall be exempted from all
provisions of this Ordinance related to lot size:
(a) Lots which are included on an "Overall Concept Plan" per
Section 104.3 of the Subdivision Regulations, or a"Sketch Plan" per Section 200.1 of the
Subdivision Regulations and submitted prior to 5:00 p.m. on the date of adoption of this
Ordinance; and
(b) Lots which are included on a"Development Plan" per Article
III of the Subdivision Regulations and submitted prior to 5:00 p.m. on December 31,
1998; and
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(c) "Lots of record" (as defined herein) prior to 5:00 p.m. on
December 31, 1998.
TABLE 1: Minimum Lot Size Requirements. Source: DHR Manual for On-Site
Sewerage Management Svstems.
Pollution Susceptibility New Homes Served by New Mobile Homes
Se tic Systems Served by Septic Systems
High 150% of minimum lot sizes 150% of minimum lot sizes
s ecified in Table 2 specified in Table 3
Medium 125% of minimum lot sizes 125% of minimum lot sizes
specified in Table 2 specified in Table 3
Low 110% of minimum lot sizes 110% of minimum lot sizes
specified in Table 2 s ecified in Table 3
TABLE 2. Single Family Home Minimum Lot Size where served by On-Site Septic
Tank Systems. Source: DHR Manual for On-Site Sewerage Mana�ement Svstems.
SOIL GROUP (SEE APPENDIX)
SLOPE OF 1 2 3 4 5
LOT (%)
MINIMUM LOT SIZE SQUARE FEET
0-5 30000 390000 48000 51000 60000
5-15 33000 42000 51000 54000 66000
15-25 36000 45000 54000 57000 N/A
25-35 39000 48000 57000 60000 N/A
TABLE 3. Mobile Home Parks Lot Size where served by On-Site Septic Tank
Systems.
Source: DHR Manual for On-Site Sewerage Management Svstems.
SOIL GROUP (SEE APENDIX)
SLOPE OF 1 2 3 4 5
LOT (%)
MINIMUM LOT SIZE SQUARE FEET ,
0-5 10000 13000 16000 17000 20000
5-15 11000 14000 17000 18000 22000
15-25 15000 18000 18000 19000 N/A
25-35 13000 16000 19000 20000 N/A
s
§ 8-6-12 JUDICIAL REVIEW.
(a) Jurisdiction. All final decision of Augusta, Georgia concerning detail,
approval or conditional approval of a permit shall be reviewable by appeal to the Superior
Court of Richmond County. The procedure for said appeal shall be the same as an appeal
to the Superior Court from any decision made by the Probate Court as provided by the
laws of Georgia, except that said appeal shall be filed within thirty (30) days from the
date of the decision of denial, approval or conditional approval; and upon failure to file
said appeal within thirty (30) days, the decision of denial, approval or conditional
approval shall be final.
(b) Alternative Actions. Based on these proceedings and the decision of
the court, Augusta, may within a time specified by the court, elect to:
(i) Institute negotiated purchase or condemnation proceedings to
acquire an easement or fee interest in the applicant's land;
(ii)Approve the permit application with lesser restrictions or
conditions (i.e., grant a variance); or
(iii) Institute other appropriate actions ordered by the court that
fall within the jurisdiction of Augusta, Georgia.
§ 8-6-13 AMENDMENTS
These regulations may, from time to time, be amended in accordance with
procedures and requirements in the general statutes and as new information becomes
available.
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§ 8-6-14 ASSESSMENT RELIEF.
Assessors and boards of assessors shall consider the requirements of these
regulations in determining the fair market value of land.
§ 8-6-15 SEPARABILITY AND ABROGATION.
All sections and subsections of this ordinance are considered separate and
distinct. Should any section, subsection, paragraph or part of this ordinance be declared
by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other
section, subsection, paragraph or part of this ordinance.
§ 8-6-16 DEFINITIONS
(a) Aquifer — Any stratum (rock layer) or zone of rock beneath the surface
of the earth capable of containing or producing water from a well. (Note: This is the
same definition used in the Groundwater Use Act).
(b) Groundwater Recharge Area (synonymous with Aquifer Recharge
Area) — An area of the Earth's surface where water infiltrates the ground, thereby
replenishing the groundwater supplies within an aquifer.
(c) Lot of Record — A parcel of land the dimensions of which are shown
on a map on file with the Clerk of Superior Court of Richmond County, Georgia, or in
common use by county officials, and which actually exists as so shown, or any part of
such parcel held in a recorded ownership separate from the ownership of the remainder
thereof.
(d) Pollution Susceptibility — The relative vulnerability of groundwater
to pollution from chemical spills, leaching of pollutants from dump sites, animal waste
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from agricultural operations or pollution generated by other human activities.
(e) Pollution Susceptibility Map (s) — Maps prepared by the Georgia
Department of Natural Resources (DNR) that show the relative susceptibility of
groundwater to pollution. Pollution susceptibility maps categorize the land areas of the
State into areas of high, medium and low groundwater pollution potential. These maps
are available at the office of the Augusta Planning and Development Department.
(� Significant Groundwater Recharge Areas — Areas mapped by DNR in
Hydrologic Atlas 18 (1989 Edition). Mapping of recharge areas is based on outcrop
area, lithology (chemical nature and form of the rock), soil type and thickness, slope,
density of lithologic contacts, geologic structure, presence of "karst" topography
(sinkholes, caves and fissures associated with limestone and other carbonate rocks), and
potentiometric surfaces. These maps are available at the office of the Augusta Planning
and Development Department
Section 2. This Ordinance shall become effective on January 1, 1999,
except that certain provisions related to lot size (Section 5.9) shall become effective
immediately upon adoption.
Section 3. All Ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Duly adopted this day of , and this day of
Mayor
Attest
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APPENDIX
SOIL GROUPINGS FOR USE WITH MINIMUM LOT SIZE TABLES
Group 1— Well drained to excessively drained Group 4— Well drained to moderately well drained
soils with percolation rates from <5 to 10 min./in. soils with percolation rates from 60 to 90 min./in.
Also poorly drained soils with percolation rates from
AgB — Ailey loamy sand, 2 to 5% slopes 10 to 15 min./in.
AgC — Ailey loamy sand, 5 to 8% slopes
AgD — Ailey loamy sand, 8 to 12% slopes DgA — Dogue fine sandy loam, 0 to 3% slopes
FsB — Fuquay loamy sand, 1 to 5% slopes DhA — Dogue Urban land complex, 0 to 3% slopes
FuC — Fuquay Urban land complex, 2 to 8% slopes GgB — Georgeville loam, 2 to 6% slopes
LkB — Lakeland sand, 2 to 5% slopes GgC — Georgeville loam, 6to 10% slopes
LkC — Lakeland sand, 5 to 10% slopes GhC — Georgeville Urban land complex, 2 to 8%
LkD — Lakeland sand, 10 to 17% slopes slopes
LmB — Lucy loamy sand, 1 to 5% slopes GoE — Goldston slaty silt loam, 10 to 25% slopes
LmC — Lucy loamy sand, 5 to 8% slopes GvB — Grover sandy loam, 2 to 6% slopes
LmD — Lucy loamy sand, 8 to 15% slopes GvC — Grover sandy loam, 6 to 10% slopes
TwB — Troup fine sand, 1 to 5% slopes MkB — Mecklenburg loam, 2 to 6% slopes
TwC — Troup fine sand, 5 to 10% slopes WeC - Wedowee fine sandy loam, 6 to 10% slopes
TwD — Troup fine sand, 10 to 17% slopes WeD — Wedowee fine sandy loam, 10 to 15% slopes
TxC — Troup Urban land complex, 1 to 8% slopes WuC — Wedowee Urban land complex, 6-10% slopes
UaA — Udorthents, 0 to 2% slopes WuD — Wedowee Urban land complex, 10-15%
slopes
Uc - Udorthents, sandy and loamy WvB —Wickham Urban land complex, 2 to 6% slopes
Ud - Urban land
VaC — Vaucluse-Ailey complex, 5 to 8% slopes Group 5— Poarly drained soils that have watertables
VaD — Vaucluse-Ailey complex, 8 to 17% slopes very near the swface with percolation rates from 5 to
VuC — Vaucluse-Urban land complex, 5 to 8% slopes 10 min./in.
VuD — Vaucluse Urban land complex, 8 to 17°/a slopes
Av — Altavista sandy loam, 0 to 2% slopes
Group 2— Well drained to moderately well drained BO — Bibb and Osier soils
soils with percolation rates from 10 to 30 min./in. Ca — Chastain loam
CC — Chewacla — Chastain association
FeA — Faceville sandy loam, 0 to 2% slopes CR — Chewacla — Riverview association
FeB — Faceville sandy loam, 2 to 5% slopes HZ — Hydraquents, mucky
FeC — Faceville sandy loam, 5 to 8% slopes Ra — Rains loamy sand
GmA — Goldsboro sandy loam Rh — Rains-Urban land complex
GnA — Goldsboro-Urban land complex Ro - Riverview silt loam
Rp — Riverview-Urban land complex
Group 3— Well drained to moderately well drained Rr — Roanoke loam
soils with percolation rates from 30 to 60 min./in.
Also includes somewhat poorly drained soils with
percolation rates from 5 to 30 min./in.
DoA — Dothan loamy sand, 0 to 2% slopes
DoB — Dothan loamy sand, 2 to 5% slopes
DuB — Dothan-Urban land complex, 0 to 5% slopes
OeA — Orangeburg loamy sand, 0 to 2% slopes
OeB — Orangeburg loamy sand, 2 to 5% slopes
OeD — Orangeburg loamy sand, 8 to 15% slopes
OsC — Orangeburg sandy loam, 5 to 8% slopes
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• �.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Duly adopted by the Augusta Commission this 6 th day of
September 20
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