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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 All ordinances or parts of ordinances in conflict herewith are hereby repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4, Public Health, Section 2, Health and Sanitation, Articles 1 — 6 in their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by the Augusta- Richmond County Commission on March 20 , , 2012 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordin nce which w s approved and adopted in the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