HomeMy WebLinkAboutORD 7330 TO AMEND THE HEALTH AND SANITATION SECTION OF TITLE 4 SECTION 2 OF CITY CODE TO MODIFY ARTICLE 7 FOR SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROLAN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF
TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE
7, WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the Augusta, Georgia Code needs to be updated and revised;
WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia
Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta -
Richmond County;
SECTION 1. AUGUSTA, GA CODE Section §4 -2 -7 adopted May 3, 2011, provides in
Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 7. It is the desire of the
Augusta, Georgia Board of Commissions that that Article 7 as set forth in "Exhibit A" hereto to
be amended by striking "Exhibit A" its entirety and inserting in lieu thereof new `Exhibit B"
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as "Exhibit
A."
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4,
Public Health, Section 2, Health and Sanitation, Articles 1 — 6 in their entirety, contained in
AUGUSTA, GA, CODE § §4 -2 -1 through 4 -2 -6.
SECTION 4. The Second Reading of this Ordinance is hereby Waived.
THE AUGUSTA, GEORGIA BOARD OF COMMISSIONS hereby ordains as follows:
Adopted this _ 0 day of , 2012.
Clerk of Commission
Ordinance N 330
CL
David S. Cope aver
As its Mayor
1
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta- Richmond County Commission on
March 20 , , 2012 and that such Ordinance has not been modified or rescinded as of the
date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordin nce which w s approved and adopted in the foregoing meeting(s).
i
■
ena J. Bo ,(er, lerk of Commission
Published in the Augusta Chronicle.
Date: March 29, 2012
First Reading: March 20, 2012
Second Reading: Waived
CERTIFICATION
2
SP
~
°
•
•
°
°
•
°
~
�
•
•
.
CO •
•
..
°
.
°
~
..
°
..
°
..
~
^
40
~
°
°
°
N-
00
0
•
•
0
turkeys; producing plants, trees, fewl, er awls; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs -and apiarian products; farm buildings and
6. Forestry land management practises, including harvesting; provided, however,
that whcn such exempt forestry practices cause or result in land disturbing or other
activities otherwise prohibited in a buffer, as -established in Section IV.E. of this
7. Any projcct carricd eat under the technical supervision of the Natural Resourcc5
Conservation Service (NRCS) of the United Status Department of Agriculture;
• han one (1) acre of disturbed area; provided, however,
"State Waters" excludes channels arid drainage ways which have water in thcm only
water in them year round; provided, however, that any person responsible for a project
from regulating any such project which is net specifically exempted by paragraphs 1, 2,
3, 4-, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, er bath, dertaken or financed in whole or
artment of Transportation, thc Georgia Highway Authority, or
the State Road and Toliway Authority; er any read construction or maintenance project,
or maintenance projccts of the Department of Transportation or the State Road and
11
i re contiguous acres of land shall be subjcct to
permit shall be submitted to the Leeal Issuing Authority, thc Local Issuing Authority
Chall enforce compliance with the minims requirements sot forth in O.C.G.A. §12 7 6
as if a permit had been issued, and vielatiens shall be subjcct to the samc penalties as
,l at i ens b .. rm it h
10. Any land disturbing activities eendustcd by any electric membership corporation
■
•
ID
•
■
•
■
N
N
prevent or control erosion, sedimentation and pollution during all stages of any land
disturbing activity in accordance with requirements of this ordinance and the NPDE$
General Permit
B. MINIMUM REQUIREMENTS/ BMPs
1. Bost management practices as set forth in Seetieff W.B. D. & E. of this ordinance
shall be required for all land disturbing activities. Proper design, installation, and
maintenance of best management practices shall come• a complete defense to any
action by thc Director or to any ether allegation of nencempli-ance with paragraph (2) of
ant to subscction (f) of O.C.G.A. §12 5 30, tho "Gcorgia
Water Quality Control Act ". As used in this subsoc
"properly designed" mean designed in accordance with thc hydraulic design
specifications contained in the "Manual fer Erosion and Sediment Control in Gcorgia"
specified in O.C.G.A. §12 7 6 subscction (b).
2. A discharge of storm water runoff from disturbed areas where best managomont
separate violation of any land disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12 5 30, the "Gcorgia Water Quality Centrol Act ", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty five (25) nepholometrie turbidity units for waters supporting warm water
fisheries or by more than ten (1-O ncphelemetric turbidity units for waters classified as
trout waters. Tho turbidity of the reeding watcrs shall be measured in accordance with
guidelines to be issucd by the Difceter. This paragraph shall not apply to any land
ale unless the planned disturbance for such
construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, er maintain best management practices shall
constitute a violation of any land disturbing permit issued by a Local Issuing Authority or
Section 12 5 30, thc "Georgia Water Quality -Control Act ", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by thc Board,
3. Failure to perform turbidity monitoring or to submit monitoring results as
this article for each day on which such failure occurs or continucs.
13
•
..
°
°
~
~
•
°
..
~
11
44
LO
T...
in a buffer at any time as long as protective vegetative cover remains to protect water
on thc stream bcd; and
•
sc a width of disturbance of not more than 50
project plans and specifications and are implemented: (i) Stream crossings for water
2. There is established a 5S feet buffer as measured horizontally from the point
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of ef-Title-1-2 Water Quality Control Act ", except where a roadway drainage
structurc must be constructed ; provided, however, that small springs and streams
pursuant to thc terms of a rule providing for a general variance promulgated
by thc Board, so long as any such pipe stops short of thc downstrcm landowner's
such buffer:
rianco from such buffer to allow land disturbing
(a) No land disturbing activities shall be conducted within a buffer and a
person constructing a single family residence, when such rcsidcnce is constructcd by or
on the strcam bcd; and
and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Strom crossings for sewer lines.
16
■
P
ab
IP
al
1►
ID
II
MI
prior to creation of the plan in assefdancc with BPD Rule 391 3 7 .10.
thereof) shall be chafged by the Local Issuing Authority for each project requiring a
. . .
7.
ubscction (a) of O.C.G.A. §12 5 23, provided
shall be calculated and -paid by -thc primary per-mittee as defined in thc state general
O.C.G.A. §12 7 8 half of such fees levied shall be submitted to the Division; except that
all be submitted in full to the Division, regardless of
the existence of a Local Issuing Authority in thc jurisdiction.
1. Immediately upon receipt of an application and plan for a permit, tho Local
ho adequacy of the erosion, sedimentation and
pollution control plan. The District shall approve or disapprove a plan within 35 days of
the pending plan. The results of the District review shall be forwarded to the Local
been paid, and bonding, if required -as per Scction V B.6., have been obtained. Such
referring thc application and plan to the District. The Local Issuing Authority with plan
5. Denial of Permit: If a permit applicant has h
permits, this ordinance section, er the Georgia- Erasion and Sedimentation Act, as
18
ay deny the permit application.
6. Bond Requirement: The Local Issuing Authority may require the permit
activity and bring it into complianec. Those previsions -shall not apply unless there is in
violations:
C. PLAN REQUIREMENTS:
1.
al Issuing Authority with rcspcct to alleged permit
Plans must be prepared to meet the minimum requirements as contained in
interrelationship of the sail types, geological and hydrological characteristics,
signature and soal of the eertificd design professional. Persons involved in land
nstruction, monitoring, or inspcctions or any
croated pursuant to O.C.G.A. §12 7 20.
appropriate Erosion, Sedimentation- and Pollution Control Plan Review Checklist
3. Maps, drawings, and supportive commas shall bear the signature /seal of
'1. Maintenance of all soil erasion and sedimentation control practices, whether
5. Plot plans for single family homes en individual lots shall illustrate the bolt
management practice the contractor will implement during construction to prevent soil
indicatcd by arrows. Plot plans also include contrac
address, lot dimensions drawn to Seale, all easements, existing drainage features,
otback dimensions, BMPs to bo implemented, offsitc
'to, and applicable state water buffers. Aforcmentioncd
19
BMPs and drainage requirements-alse apply te pl'et plans for individual lots that are part
D. PERMITS:
•
forty five (45) days after receipt by the Leval Issuing Authority of a completed
application, providing variances and bending arc obtained, whore necessary and all
applicable fccs have been paid prier te permit issuance. The permit shall include
2. No permit shall be issued by the Loca
Local Issuing Authority has affirmatively determined that thc plan is in compliance
with this ordinance, any variance required by Section IV.E. arc obtained, bonding
and regulations in effect within the jurisdictional boundaries of the Augusta, Georgia
are mot. If the permit is denied, the reason for denial shall be furnished to the
applicant.
3. Any land disturbing activities by the Local Issuing Authority or the Augusta, Georgia
1. If the tract is to be developed in phases, then a separate permit shall- be- required -for
each phase.
5. The permit may be suspended, reveked, or modified by the Local Issuing Authority,
as to all or any portion of the land affected by the plan, upon finding that the land
control plan or that the helder er his seeecsser is in violation of this ordinance A
6. The Local Issuing Authority may reject a permit application if the applicant has had
two or more violations of previous permits or thc Erosion and Sedimentation Act
• . =• years prior to the date of the application, in light of
O.C.G.A. §12 7 7 (0 (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
r ccrtifying that all ad valorem taxes levied against the
8. Approved ES&PC Plan is valid for twe years from the date it was issued in
20
N
•
•
■
all
al
•
•
•
11
41
•
Mil
•
41
41
N
N
•
el
M
N
fails or refuses to comply with any final er emergeney ewer of the Director issued as
1. ! ! _
day. For thc purpose of enter-sing the me of this ordinance, thc Magistrate Court
of Richmond County is authorized under §.O.C.G.A. 12 7 15 to impose penalty not to
Undcr provision of this scetiee, any person who continuc to violate this
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into thc NPDES account.
SECTION WIT
• • 1 1
A. Persons involved in land development design, review, permitting, construction,
•
training certification requirements -, dependent en them level of involvement with the
stakeholder advisory board created pursuant to O.C.G.A. §12 7 20.
B. For cach site on which land disturbing activity occurs, each entity or p
shall have as a minimum one person whe is in responsible charge of erosion and
present on site whenever land disturbing activities are conducted on that sitc. A projcct
D. If a state general pormitteo whe has eperatienal control of land disturbing activities for a
site has mot thc certification requirements ef paragraph (1) ef subsection (b) of O.C.G.A.
operating in a subcontractor capacity fer such permittec shall mcet those educational
requirements specified in paragraph (4) ef subsection (b) of O.C.G.A §12 7 19 and shall
Paragfaph
24
impose any liability upon the Local Issuing Authority, Augusta, Georgia or District for
damage to any person or property.
2. The fact that a land disturbing activity fer whisk a permit has bccn issucd results
in injury to the property of another shall neither constitute proof of nor create a
Erosion and Sedimentation Aet of 1975, the Georgia Water Quality Control Act or the
State as defined thereby.
26
Title 4, Public Health, Section 2, Health and Sanitation,Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I
IT TLE
This ordinance will be known as "Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance."
SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices BMPs •
(a) These include 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 Geor ia" . ublished b the Commission as of Janua 1 of the ear in which
the land - disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
s ecifications from the most recent • ublication of Geor ' is Stormwater Mana ' ement
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of ve etation which facilitates the . rotection of water • uali and a• uatic
habitat.
4. Certified Personnel: A person wh h as successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. Ci : The Augusta. Georgia (for merly known as Augusta- Richmond Comm
28
7. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
re • istered in North Carolin which is also referred to as CPESC or CPESC Inc.
8. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original 'round urface t• th- excavated
surface. Also known as excavation.
9. Department: The Georgia Department of Natural Resources (DNR).
10. Desi n Profes ional: A . rofessional licensed b the State of Geor i • in the field of:
en ineerin • architecture . landsca e architect re forestr
eolo
or la d surve in or
a .erson that is a Certified Professional in Erosion and Sediment Control CPESC with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
11. Developer: Refer to the person and persons, a cooperation, or other business
apr11ying for a permit to undertake lan d- disturbin activit and oerforming development
within the scope of this ordinance.
12. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed or a chan e of an kind from existin ' condition.
13. Director: The Director of the Environmental Protection Division or an authorized
representative.
14. District: The Brier Creek Soil and Water Conservation District.
15. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
16. Drainage Structure: A device composed of a virtually non - erodible material such
as concrete steel _•lastic or other such material that conve s water from one .lace to
another b
interc
in ' the flow and carr in ' it to a release . oint for storm wat - r
management, drainage control or flood control purposes
17. Erosion: The process by which land surface is worn away by the a tion of wind
water, ice or gravity.
18. E isiin S dim t:tiin an Poll tin Control PI n• A .Ian re•uir - . . t e
Erosion and Sedimentation Act, O.C.G.A. Chapter 12 -7, that includes, as a minimum,
protections at least as stringent . s the State General Permit best mana gement p ractices .
and requirements in section IV.D. &E. of this ordinance.
19. Fill: A .ortion of land surface to which soil or other solid material has been adde•;
the depth above the original ground surface or an excavation.
29
20. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
located outside the waste disposal limits of a landfill cell that has been certified by EPD
for waste dis. osal 100% of the soil surface is uniforml covered in . ermanent v • et. Lion
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used.
Permanent ve g etation shall consist of:.lanted trees shrubs . erennial vines a cro • of
erennial ve ' etation a..ro.rlate for the time of ear and re ' ion• or a cro of annual
vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
21. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conformi to t he proposed desi
22. Gradin : Alterin • the sha e of ' round surfaces to a . redetermined condition• this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
23. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
24. 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, transportin
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
25. Larger Common Plan of Development or Sale: A contiguous area where multiple
se arate and distinct construction activities are occurrin ' under one .Ian of develo. m - nt
or sale. For the
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawin �. ermit a..lication zonin re • uest or com uter desi ' n• or . h sical demarcation
such as bounda
surface to onsery
u . oses of this . ara ' ra. h " Ian" means an announcement
si ' ns lot stakes
or curve or markin s indicatin that construction
activities may occur on a specific plot.
2 6 Local Issuing Authority• The governing authority of a ny county or municipali
which is certified . ursuant to subsection a O.C.G.A. 12 -7 -8. The LIA in Au • usta is the
City Administrator or an authorized representative.
27. Metropolitan River Protection Act (MRPA)• A state law referenced as
O.C.G.A. 12 -5 -440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their draina a basins.
28. Mulchin ' : Refers o the a..lication of .lant or other suitable mat-rial in the soil
moil re hold the soil in .lace and aid in establi hin
30
lant cover
iece of
29. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
30. elometri T bidi 1 unit of measure ba e
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 or suspended particles are present.
31. NOI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
32. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as "area of the 1% annual chance flood" on Augusta's Flood Insurance Rate
Maps — effective date September 25, 2009).
34. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or B da -to -da o . erational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities re* uired b the erosion sediment. tion and • ollution control
plan or to comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receivin ' water.
36. Permit: The authorization necessary to conduct a land - disturbing activity under
the provisions of this ordinance.
37. Person: Any individual, partnership, firm, association, 'oint venture .ublic or
private corporation, trust, estate, commission, board public or private institution utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia. any interstate body or any other legal entity.
38. Planning Commission: The Augusta- Richmond County Planning Commission.
39. Phase or Phased: Sub -parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to com.letin ' con truction activi ies
on the entire construction site.
31
40. Pro'ect: The entire .ro.osed develo.ment .ro'ect re ardless of the size of the
area of land to be disturbed.
41. Properly Desi ed. D- ' ' ned in accordance with the desi r- • uirements and
specifications contained in the "Manual for Erosion and Sediment Control in Georgia"
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land- disturbing activity was permitted and
amendments to the Manual as approved by the Commission un until the d. to . f NOI
submittal.
42. Roadway Draina e Structure: A device such as a bride e culvert or ditch
composed of a virtually non - erodible material such as concrete steel. Dlastic. or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder
areas, and carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported or has been moved from its site of on in b wind water ice or
gravity as a product of erosion.
44. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion,,
sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
46. 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.
47 State General Permit• The National Pollution Discharge Elimination System
(NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state's
authorit to implement the same throu ' h fed - ral dele • ation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
$12 -5 -30.
48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,,
p onds . drainage systems springs wells and other bodies of surface or subsurface water,
natural or artificial 1 in ' within or formin ' a . art of the boundaries of Geor is which are
not entirely confined and retained completely upon the propert y of a single individual,
partnership, or corporation.
32
49. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non -trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from
groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
50 S tructural Erosion Sedimentation and Pollution Control Practices• Practices
for the stabilization of erodible or sediment - producing areas by utilizing the mechanical
p roperties of matter for the p u rp ose of either changing the surface of the land or storin
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
s readers waterwa s or outlets diversions ade stabilization structures and e• iment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural
Resources under the provisions of the Georgia Water • uali Control Act O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391 -3 -6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
su.. ortin ' a self- sustainin ' . o. ulation of rainbow brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural
trou re roduction but are ca. able • f su .. ortin ' trout throu ' hout the ear. First order
trout waters are streams into which no other streams flow except springs.
52. 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.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
53. Wat rcourse: An n. tural or artificial watercourse stream river cr- -k hannel
ditch canal conduit culvert drain waterwa
flows either continuously or intermittently and which has a definite channel bed and
banks, and including any area adiacent thereto sub'ect to inundation by reason of
overflow or floodwater.
54. Water •uali : The chemical _.h sical and biolo'ical characteristics of the
State's water resources.
ull
ra ine or wash in which water
33
55. 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
EXEMPTIONSS
(a) This ordinance shall apply to any land - disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. • 12 -4 -1 and as .rovided under followin• subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia
Surface Mining Act of 1968 ".
2. Granite quarrying and land clearing for such • uar in
3. Such minor land - disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single - family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a
planned disturbance of e• ual to or .r- .ter than . ne 1 acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance
O.C.G.A. § 12 -7 -6 and this paragraph. For single- family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence
and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land - disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
.rimar trout waters the buffer zone shall be at least 50 horizontal feet and no variance
to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs. the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. • 12 -7 -. .nd the b ff-r zones
rovided b this . ara ' a. h shall be enforced b the Local Issuin ' Authorit
5. Agricultural operations as defined in O.C.G.A. &1 -3 -3. "definitions" to include
raisin harvestin or storin. of .roducts of the field or orchard• feedin breeding or
managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves swine, hogs goats, sheep and rabbits
34
or for use in the production of poultry, includin • 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;
6. Forestry 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 Section IV.E. 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 3 ears after com.letion of such forestr .ractices•
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land - disturbin ' activit within a lat.. er common
.lan of develo ment or sale with a .lanned disturbance of e• ual to or • reater than one 1
acre or 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 less than one (1) acre, which involves land- disturbing activity, and which
is within 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 Local Issuing Authority
from re u lating an such project which is not specifically exempted by paragraphs 1 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in . art or both b the De artment of Trans. ortation the Geor • is Hi • hwa Authorit or
the State Road and Tollway Authority; or any road construction or maintenance project
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and
Tollway Authority which disturb one or more contiguous acres of land shall be sub' - ct to
provisions of O.C.G.A. •12 -7 -7.1 • except where the De.. rtmen of Tr, n . • , tion the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of develo I ment or sale under
the state • eneral • ermit in which ca e a co of a notice of intent under the state • eneral
ermit shall be submitte
to the Local Issuin • Authorit the Local Issuin • Authorit
shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12 -7 -6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
10. An_ v land- disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory .urisdiction of the
35
Public Service Commission any utility under the regulatory jurisdiction of the Federal
Ener • Regulatory Commission, any cable television system as defined in O. .G.A. •36-
18-1 or any agency or instrumentalit of the United States enga ed in the eneration,
transmission or distribution of •ower• exce•t where an electric m m.ershi• co .or,tion
or munici•al electri al s st-m or an
ublic unlit under the re • ulator
urisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in 0.C.G.A. §36-
18-1, or an y agency or instrumentality of the United states engaged in the generation,
transmission or distribution of •ower is a seconda •ermittee for a •ro'ect located
within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in 0.C.G.A. 12 -7 -6 as if a permit had been issue. and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
b The followin
•
ro'ects are exem•t from th
ermit re • uirements of section V of this
article b O.C.G.A. 12 -4 -17 however an land disturbin activities conducted as • art
of an such •ro'ect shall submit individual lot d
in lot
in !'e .lan includin
ro.osed chan'es
rade to the Au
usta En ineerin • De • artment for a
rov, l • rior to • ettin ' a
building permit and conform to the minimum requirements as set forth in section IV of
this article includin • but not limited to the im • lementation of BMPs.
ldl The construction of a sin• le -famil residence or commercial lot or institutional
lot, when such construction disturbs less than one acre and is not a • art of a lar • er
common • lan of dev
lo • men or sale with a • lanned disturbance of e • ual to or eater
than one acre and not otherwise exempted under this section.
c The foll• win '_•ro'ects are exem.t from the . ermit requirements of section of this
article b 0.C.G.A. • 12 -4 -17 however an land disturbin ' activities conducte . as . art
of an
such
development and redevelopment and submit stormwater uuality management plan to the
Au usta Engineering Department for approval prior to getting a building permit or
grading permit. All stormwater runoff shall be adequately treated prior to discharge. The
stormwater mana ' ement s stem shall be desi ed to ca ture and treat the water • ualit
treatment of volum
rainfall from a site.
ro'ect shall
a• •1
the stormwater mana • ement standards for n - w
which is defined as the runoff volume resultin
from the first 1.2 of
(1) N development that reates or adds 5 000 •uare feet or reat - rim•ervious surf
area or that involve land disturbin' activit of 5 000 s. uare f - et of land or reat r.
(2) Redevelo ment that creates or adds 5 001 s q uare feet or ' reater im • ervious urface
area or that involves land disturbin' activit of 10 000 s. uare feet of land or reater.
36
SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POL LUTION
CONTROL USING BEST MANAGEMENT P RACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land - disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore _ .lans for those land- disturbin activities which are not exem.ted b this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion sedimentation . nd . ollution control .lans. Soil erosion sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall
a..1 to all features of the site includin ' street and utili installations draina• e facilities
and other temporary and permanent improvements. Measures shall be installed to
p revent or control erosion sedimentation and pollutio during all stages of any land -
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. 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 storm water issued pursuant to subsection of O.C.G.A. • 12 -5 -30 the "Geor' is
Water Quality Control Act ". As used in this subsection the terms "proper design" and
". ro erl desi ' - d" mean desi ' n- d in accordance with the h draulic desi
specifications contained in the "Manual for Erosion and Sediment Control in Georgia"
specified in O.C.G.A. § 12 -7 -6 subsection b .
2. A dischar ' e of storm water runoff from disturbed areas where best mana ement
practices have not been fro.eri desi.ned, installed and maintained shall cons itute a
se arate violation of an land - disturbin ' . ermit issued b a local Issuin ' Authorit or of
an state eneral ermit issued b the Division ursuant to sub ction of O.C.G.A.
12 -5 -30 the "Geor ' is Water • ualit Control Act" for each da on which such
dischar • e results
in the turbidit of receivin ' waters bein increased b
more than
twent -five
25 ne.helometric turbidit units for waters su...rtin warm water
fisheries or by more than ten 10 ne•helometric turbidit 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. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
37
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than one 1 acre.
C. VIOLATIONS:
1. 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
of any state general permit issued by the Division pursuant to subsection . f Co• e
Section 12 -5 -30, the "Georgia Water Qualit Control A t" for each da on which such
failure occurs.
2. The Director may re. uire in accor. ance with re !Illations adopted b th Bo. rd
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit s a. . licable to the .ro_ect shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land - disturbin • activit re s uirin ' a land disturbin
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land - disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. 12-7-1 et. se . for the .ur.ose of overnin• land - disturbin activities shall
re • uire as . minimum . rotections at least as strin ' ent as the state ' eneral . ermit• and
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 _or Erosion and Sediment
Control in Geor: is . ublished b the Geor ' is 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;
2. Cut -fill operations must be kept to a minimum;
3. Develo. ment .lans must conform to to o ra h and soil t �. e so as to create the
lowest practicable erosion potential;
38
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. 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 of O.C.G.A. • 12 -7 -1 et. se' .•
10. Ade uate . rovisions must be . rovided to minimize dama e from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoinin. fro se
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Gradin ' e• ui.ment must cross flowin ' streams b means of brid ' es or culverts
exce.t when su h methods are not feasible
kept to a minimum;
rovided in an case that such crossin ' s are
14. Land - disturbing activity plans for erosion, sedimentation and pollution 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
E. BUFFERS:
1. Exce.t as provided in O.C.G.A §12 -7 -6 b 16 for trout streams th-r- is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
from the .oint where vegetation has been wrested by normal stream flow or way- action,
exce.t i where he Director determines to allow a v.riance that is at least as .rotective of
natural resources and the environment, ii
pursuant to O.C. .A. • 12 -2 -8 iii where a draina a structure or a ro dwa, draina e
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented• or iv along
39
where otherwise allowed b
the Director
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the • round -water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, 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:
fa) 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 lon• a a .rotective
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
Lb) The buffer shall not apply to the following land- disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the streams cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
ro'ect •lans and specifcations and are im.lemented: i Stream cr•ssin s for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where ve etation has been wrested b norm .1 stre . m flow or wave acti • n alon th
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12 the "Geor is Water • uali Control Act" exce t where a roadwa draina ' e
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual 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 urs ant to the terms of a rule • rovidin • for a • eneral variance • romul • ated
by the Board, so long as any such pi e sto • s short of the downstream landowner's
propert y 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 protect
plans and specifications and are implemented The following requirements shall apply to
such buffer:
(a) 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
40
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 lon! as a •rotective
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
(b) The buffer shall not apply to the following land - disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
pro'ect •lans and •ecificatiens and are im•lemented: i Stream crossings far w. er
lines; or (ii) Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12 -7 -1 et. seq. shallprevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of
this ordinance.
G. LAND - DISTURBING ACTIVITY:
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.
A. GENERAL:
SECTION V
APPLICATIONIP RM
EIT PROCE
The . ro. ert owner develo er and desi ' ate . .lanners . n. en ineers shall • esi
review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance storm water management ordinance, subdivision ordinance, fl ood
dama. e . revention or inance this ordin nce and an other ordinances rules re ' ulations
or permits, which regulate the development of land within the uris • ictional boundaries of
the Local Issuin Authorit However the owner or o. erator, with owner notarized
written consent, is the only party who may obtain a permit.
41
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land - disturbing activity within the 'urisdictional
boundaries of Local Issuing Authority without first obtaining a Land Development
Permit (LDA) from the City to perform such activity and providing a copy of Notice of
Intent submitted to EPD if applicable This also applies to mass grading activities at
individual lots within a common development such as subdivision and a builder shall
obtain a Land Disturbing Permit as well as a building permit to commence construction.
2. The application for a permit shall be submitted to the City and must include the
applicant's erosion, sedimentation and pollution control plan with a completed checklist
and supporting data, as necessary. Said plans shall include, as a minimum, the data
specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control
plans, together with supporting data, must demonstrate affirmatively that the land
disturbing activity proposed will be carried out in such a manner that the provisions of
Section W.B. D. & E. of this ordinance will be met. Applications for a permit will not be
accepted unless accompanied b six 6 co ies of the applicant's er. sion sedimentation
and pollution control plans. All applications shall contain a certification stating that the
plan preparer or the designee thereof visited the site prior to creation of the plan in
accordance with EPD Rule 391- 3- 7 -.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion
thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is
submitted to the City. In addition to the local permitting fees, fees will also be assessed
pursuant to paragraph 5 subsection a of O.C. .A. • 12 -5 -23 .rovided that such fees
shall not exceed $80.00 per acre of land - disturbing activity, and these fees shall be
calculated and paid by the primary permittee as defined in the state eneral . ermit for
each acre of land - disturbing activity included in the planned development or each phase
of development. All applicable fees shall be paid prior to issuance of the land
disturbance permit. In a jurisdiction that is certified pursuant to subsection a of
O.C.G.A. § 12 -7 -8 half of such fees levied shall be submitted to the Division; except that
any and all fees due from an entity which is required to give notice pursuant to paragraph
(9) or (10 of 0.C. .A. • 12- -17 shall be submitted in full to the Division re ' ardless of
the existence of a Local Issuing Authority in the ' urisdiction.
4. Immediately upon receipt of an application and plan for a permit, the City shall
refer the application and plan to the District for its review and approval or disapproval
concerning the adequacy of the erosion, sedimentation and . ollution control p lan. The
District shall approve or disapprove a plan within 35 days of receipt. Failure of the
District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the City. No permit will be issued
unless the plan has been approved by the District, and any variances required by Section
IV.E. has been obtained all fees have been paid and bondin if required as .er Section
V B.6., have been obtained. Such review will not be required if the City and the District
have entered into an agreement which allows the City to conduct such review and
42
approval of the plan without referring the application and plan to the District. The City
with plan review authority shall approve or disapprove a revised Plan submittal within 35
days of receipt. Failure of the City with plan review authority to act within 35 days shall
be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
ermits this ordinance ection or the Geor is Erosion and Sedimentation Act as
amended within three e , rs . rior t • the date of filin � the a • • lication under consideration
the City may deny the permit application.
6. Bond Re. uirement: The Cit ma rep wire the • ermit applicant to • ost a bond in
the form of ' overnment securit cash irrevo able letter of credit or an combination
thereof u
to but not exceedin
land- disturbing activity, prior to issuing the permit. If the applicant does not comply with
his section or with the conditions of the .ermit after issuance the Ci ma call the bon•
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.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate
deli criteria which conform to sound conservation and en'ineerin�.ractices. The
Manual or Erosion and Sediment Control in Geor is is hereb inco • orated b referen e
into this ordinance. The plan for the land- disturbing activity shall consider the
interrelationsh of the soil types geological and hydrological characteristics,
to ograr hy watershed, vegetation, proposed • ermanent structures includin • roadwa s
constructed waterwa s sediment control and storm water mana ' ement facilities local
ordinances and State laws. Ma s drawin _ s and su ortive com . utations shall bear the
.
si nature and seal of the certified desi
develo
land disturbine activity shall meet the education and training certification requiremen
de .endent on his or her level of involvement with the •rocess. as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. § 12 -7 -20.
activi
ment desi
gn, review
ermittin
3 000.00 . er acre or fraction thereof of the • ro . osed
43
rofessional.
construction
monitorin
,p
filled co of a..licable checklist shall be submitted with the elan.
Persons involv - d in 1. nd
or
ins
ections
or
an
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established b the Commission as of Januar 1 of the ear in which the land - distur • in
wa •ermitted. The e check lists are included in this Ordinance b
reference. A
3. Ma.s drawin ' s and su.•ortive com utations shall bear the si ' nature /seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
mana • ement . ractice the contractor will im.lement durin construction o . r vent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite
s stem receivin • onsite draina ' e 100- ear flood lain sensitive areas includin ' wetlands
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
fortv -five (45) days after receipt by the City of a completed application, providing
variances and bonding are obtained, where necessary and all applicable fees have
been paid prior to permit issuance. The permit shall include conditions under which
the activity may be undertaken.
2. No ermit shall be issued by the City unless the erosion sedimentation and Dollution
control plan has been approved by the District and the City has affirmatively
determined that the plan is in compliance with this ordinance, any variances required
by Section IV.E. are obtained, bonding reauirements, if necessary, as Der Section V
B. 6. are met and all ordinances and rules and regulations in effect within the
jurisdictional boundaries of the Local Issuing Authority are met. If the permit is
denied, the reason for denial shall be furnished to the applicant.
3. Any land - disturbing activities by the City shall be subject to the same requirements of
this ordinance and an other ordinances relating to land development as are a..lied
to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for
each phase.
5. The permit may be suspended, revoked, or modified by the City, as to all or . n
portion of the land affected bbv the plan , upon finding that the land disturbing a
is not in compliance with the approved erosion and sedimentation control plan or that
the holder or his successor is in violation of this ordinance. A holder of a permit shall
44
notify any successor as to all or any portion of the land affected by the approved plan
of the conditions contained in the permit.
6. The City may reject a permit application if the applicant has had two or more
violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 1 .
7. No permit shall be issued unless the applicant provides a statement by the Richmond
County Tax Commissioner certifying_ that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES &PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However,
any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES &PCP Plan for review
and approval. The updated ES &PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
9. At completion of Land Disturbing Activities covered under this permit, the disturbed
areas shall be permanently stabilized and NOT shall be submitted as soon as possible
but not later than 45 days from establishment of permanent stabilization. A co • of
NOT shall be • rovided to Au ' sta En • ineerin ' De , ailment. In case of . hased
common development, NOT for the completed phase shall be submitted and ES &PC
Plans shall be modified accordingly.
A. The Augusta Engineering Department, will • eriodicall ins • ect the sites of lam -
disturbing activities for which permits have been issued to determine if the activities are
bein conducted in accordance with the ' lan and if the measures re . uired in the • lan are
effective in ontrollin
SECTION VI
INSPECTION AN E N F ORCEMENT
erosion and sedimen
ion. Also the Local Issuin ' Authorit
shall regulate primary, secondary and tertiary permittees as such terms are defined in the
state general permit. Primary permittees shall be responsible for installation and
maintenance of best management practices where the primary permittee is conducting
land - disturbing activities. Secondary permittees shall be responsible for installation and
maintenance of best management practices where the secondary permittee is conducting
land - disturbing activities. Tertiary permittees shall be responsible for installation and
maintenance where the tertiary permittee is conducting land- disturbing activities. If,
through ins ection, 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 • rovisions of this ordinance a written notice to com . 1 shall be served u . on th.
erson. The notice shall set forth the measures necessar to achieve com . liance and sh.11
state the time within which such measures must be completed. If the person engaged in
45
the land - disturbing activity fails to comply within the time specified, he shall be deemed
in violation of this ordinance.
1. Residential Construction of Individual Lots: The City Building Inspector will
inspect for compliance with this Ordinance for residential construction on individual lots.
If a project is deemed not in compliance with the approved plot plan, Augusta
Engineering Department will be notified for further action. The contractor and builder
will be issued a written notice to comply with the approved plan. If the contractor/builder
engaged in the land disturbing activity fails to comply within the time specified, he shall
be deemed in violation of this chapter.
B. The City must amend its ordinances to the extent appropriate within twelve 12 months
of any amendments to the Erosion and Sedimentation Act of 1975.
C. Augusta Engineering Department shall have the power to conduct such investigations as
it may reasonably deem necessary to carry 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 inspectin. the sites of land- disturbin. activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
City, the Commission, the District, or Division who requests entry for the .ur.oses of
inspection. and who presents appropriate credentials. nor shall an v person obstruct,
ham.er or interfere with an such representative while in the .rocess of carr in out his
official duties.
E. The District or the Commission or both shall semi - annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. .12 -7 -8 a . The District or the Commission or both ma_.rovide
technical assistance to any county or municipality for the purpose of improving the
effectiveness of the coun 's or munici.alit 's erosion sedimentation and •ollution
control program. The District or the Commission shall notify the Division and reauest
inv - sti ' ation b the Division if an deficient or ineffective local . ro ' ram is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to § 12 -7 -8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a ' overning authority's ordinance and review of conformance with an agreement, if an y
between the district and the governing authority. If such review indicates that the
aovernina authority of anv county or municipality certified pursuant to O.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 O.C.G.A. •12 -7 -7 e the
Division shall notify the governing authority of the county or municipality in writin .
The governing authority of any county or municipals so notified shall have 90 day
within which to take the necessary corrective action to retain certification as a Local
Issuing Authority. If the county or municipality does not take necessary corrective action
46
within 90 days after notification by the division, the division shall revoke the certification
of the count or m nici. alit , s a Local Issuin ' Authorit
SECTION VII
PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
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
sub'ect to revocation of his business license work .ermit or oth - r , thorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP -WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the City shall issue a written warning to the violator. A notice may be in any written
form, including without limitation, a memo, letter, directive or citation to appear in
Magistrate Court. The violator shall have five days to correct the violation. If the
violation is not corrected within five days, the Director or the City shall issue a stop -work
order requiring that land - disturbing activities be sto..ed until necessar corrective action
or miti ' ation has occurred rovided however that if the violation . resen s 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 the City shall issue an
immediate stop -work order in lieu of a warning
2. For a third and each subsequent violation, the Director or the City 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 miti • ation has occurred. All such sto work
orders shall be effective immediatel u on issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall as .1
to all land - disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the City or by the
Director or his or her Designee, have been or are being discharged into state waters and
wh - re best mana ' em - nt . ractices have not been . ro . erl desi ' ed installed and
maintained, a stop work order shall be issued by the City or by the Director or his or her
Designee without issuing prior written notices. All such stop work orders shall be
effective immediately upon issuance and shall be in effect until the necessary corrective
a Lion or miti ' ati.n has occurred. Such sto work orders shall a to all land-
47
disturbing activity on the site with the exception of the installation and maintenance of
temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the City determines that a person engaged in land- disturbing activities at a pro'ec
where a Bond was required pursuant to Section V has failed to comply with the approved
plan, the party responsible for the securing the bond shall be deemed in violation of this
Ordinance and a written warning notice to comply shall be served upon that person. The
warning 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, in
addition to other penalties applicable under this Ordinance, he shall be deemed to have
forfeited his performance bond. The City may call the bond or any part thereof to be
forfeited and 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. Any person who violates any provisions of this ordinance, gr 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
da For the .0 .ose of enforcin• the .rovisions of this ordinance the Ma istrate Court
of Richmond County is authorized under §O.C.G.A. 12 -7 -15 to impose penalty not to
exceed ', 2 500.00 for each violation. Each da durin • which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Or • inane or kn • win ' 1 and intentionall becomin ' a habitual i • lator on h - sam - or
different site will be liable for a civil . enalt not to exceed ', 2 500.00 . er da
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII
EDUCATION AND CERTIFICATION
A. Persons involved in land • evelo • ment • esi
monitorin
or ins • ection or an land - disturbin
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. § 12 -7 -20.
48
activi
review . ermittin ' construction
shall meet the education and
B. For each site on which land - disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiarypermittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land - disturbing activities are conducted on that site. A pro'ect
site shall herein be defined as any land- disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not re • uirin . a state • en ral • ermit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
D. If a state general permittee who has operational control of land - disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land- disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph 4 of subsection b of O.C.G.A 12 -7 -19 and shall
not be required to meet any educational requirements that exceed those specified in said
paragraph.
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the it
or the issuance of a stop -work order, or the determination to call a bond pursuant to this
Ordinan e u • on findin ' that the holder is not in com.liance with the a • . roved erosion
sedimentation and Pollution control plan, or that the holder is in violation of permit
conditions or that the hol . er is in violation of an ordinance shall entitle the • erson
submittin
the
B. JUDICIAL REVIEW:
SECTION IX
ADMINISTRATIVE PP . EV I .W
.lan or holdin
th
ermit to a hearin before the Augusta C•mmi si•n
within 30 days after receipt by the Local Issuing Authority of written notice of appeal. A
notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta
Georgia Commission within 20 days of the denial, suspension, revocation, unilateral
modification. Brant with a condition of apermit. or notice of calling a bond by the City.
of the issuance of a stop -work order pursuant to this Ordinance.
Any person, aggrieved by a decision or order of the City after exhaustin his
administrative remedies, shall have the right to appeal denovo to the Superior Court of
Richmond County, Georgia.
49
A. EFFECTIVITY:
This ordinance shall become effective on the day of
20 ; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
SECTION X
EFFECTI VALI DITY AND 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 serson or .ro .e otherwise im sosed b law nor
im. ose an liabili uson th- Local Issuin • Authorit Au. usta eor • is or Distri t for
damage to any person or pro. -rt
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.
50
AUGUSTA, GEORGIA
LAND DISTURBING ACTIVITY PERMIT APPLICATION
REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
NO.
Expiration:
Pg-1/2
MAILING ADDRESS - Planning
& Development Department
PHONE: (706)821 -1796
FAX: (706)821 -1806
Augusta Engineering Department
send a copy to: 522 Greene STREET, Augusta. GA 30901
5 25 TELFAIR STREET
UGUSTA, GA 30901
PHONE: (706)821 -1706 FAX: (706)821 -1708
DINNER PROJECT I
PROJECT NAME:
PROJECT ADDRESS:
PROJECT TYPE: ( ) COMMERCIAL
ACTIVITY TYPE: ( ) CLEARING
TOTAL & DISTURBED PROJECT
PROPERTY OWNER OF RECORD:
MAILING ADDRESS:
TAX MAP: BLOCK: LOT:
( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT /INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
& GRUBBING ( ) GRADING ( ) DEVELOPMENT
ACRES: PROPOSED DATE OF CONSTRUCTION:
PHONE NUMBER:
STATE /ZIP
APPLICANT & CONTACT
APPLICANT:
MAILING ADDRESS:
PHONE# & FAX#
ENGINEERING FIRM:
24 -HOUR CONTACT NAME
24 -HOUR CONTACT CELL
PHONE NUMBER:
STATE /ZIP
EMERGENCY PHONE NUMBER:
FIRM CONTACT PERSON:
& GSWCC CERT. #: PHONE NUMBER:
# & Email: FAX NUMBER:
(Certification 11 Legal Authority 1
In accordance with Augusta Georgia Code of Ordinance "Soil Erosion, sedimentation and Pollution Control"
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land- disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county 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.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit. ''',i,11,�"`4
I hereby certify that the information provided herein is true, correct and complete to the
the stipulations in this application and that I, and /or the entity I represent, as applicable,
Date: ` / 14— / (G---
best of my knowledge. I furth =ytP tt1�ii 4atL
will be subject to these stil t sr�ira permit i .h
/Qp tit Subscribed and Sworn befo d
a .„o :, . . • /
ig •
•
Applicant Signa ure: Property Owner or Owner's Authorized Representative Notary . 0,, �+ i
I FOR OFFICIAL USE ONLY
4 G ,. lily .e � . <
APPLICATION FEE: RECEIVED BY: APPLICA
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS*
SPECIAL REQUIREMENTS:
`•co '—�/
( ) DISAPPROVED 141011110001%"16.
[Augusta Georgia ES &PC Ordinance: Sec V(B)(5)]
& AED Director (or designee).
NO ( ) YES ( ) Amount $
1- This Permit is valid only after signed by both AP &DD Director (or designee)
2- E &SC Bond Required (irrevocable letter of credit)
3- No site work shall begin until after pre - construction meeting is held by the
4- A copy of filed NOI with proof of applied payment shall be submitted to
5- This permit is non transferrable
* APROVAL CONDITIONS:
Augusta Engineering Department
AED prior to requesting pre - construction meeting
AP&DD Director (or DESIGNEE) Date AED Director (or DESIGNEE) DATE
ES &PC Plan Approval Date
NOI FEE: NO ( ) YES
E &S Review NO.
PAID: RECEIVED BY
( ) PAID: YES( ) NO( ) DATE
AUGUSTA, GEORGIA
LAND DISTURBING ACTIVITY PERMIT APPLICATION
REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
NO.
Expiration:
Pg-1/2
AUGUSTA, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION
General Conditions
Pg -2/2
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance and the Rules of the
Georgia Department of Natural Resources, Chapter 391 -3 -7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses -in- action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and /or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and /or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land- disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book ") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty -four (24) months from date issued, this permit will become null and void.
(xiv) If land disturbing activties do not commence within sixty (60) days from date of Preconstruction Meeting held by the AED, this permit will become
inactive until a new Preconstruction Meeting is arranged and conducted.
General Notes
(i) Provide copy of NOI and associated Fee Payment proof Prior to Pre - construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by retum receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department upon completion of permitted construction activities
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
(iv) Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at issuance of "Certificate of Occupancy" .
(v) For phased Development,Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at Platting of respective phase