City of Brookhaven
Georgia

Ordinance
ORD-2017-08-07

Consideration and Approval of TA17-12 an Ordinance to Amend Chapter 14, Land Development & Subdivisions, of the Code of the City of Brookhaven

Information

Department:Community DevelopmentSponsors:
Category:Text Amendment

RESOLUTION/ORDINANCE

STATE OF GEORGIA

COUNTY OF DEKALB

CITY OF BROOKHAVEN                                                        ORDINANCE 2017___________

 

 

AN ORDINANCE TO AMEND CHAPTER 14, LAND DEVELOPMENT & SUBDIVISIONS, OF THE CODE OF THE CITY OF BROOKHAVEN

 

 

WHEREAS,              Section 1.03(b)(8) of the Charter of the City of Brookhaven grants the City of Brookhaven the power to provide environmental protection to ensure preservation of the natural resources, environment, and vital areas of the city through erosion control, tree preservation, stormwater, water quality, floodplain, and stream corridor management; and

 

WHEREAS,              the Mayor and City Council find that amendments to the existing ordinance are necessary to correct duplicated or conflicting text related to granting of permits by the Department of Community Development.

 

BE IT ORDAINED by the Mayor and Council of the City of Brookhaven, Georgia and it is hereby ordained by the authority of same:

 

SECTION I:

Chapter 14, Land Development & Subdivisions, is amended to read as follows:

 

Chapter 14 - LAND DEVELOPMENT AND SUBDIVISIONS

 

ARTICLE I. - IN GENERAL

 

Sec. 14-1. - Definitions.

For the purposes of this chapter, certain terms and words are defined. Where words are not herein defined, but are defined in section 1-2, those words shall have the meaning as defined therein. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected to a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.

Aggrieved persons means a persons whose property is the subject of the action appealed from or a person's who has a substantial interest in the action appealed from that is in danger of suffering special damage or injury not common to all property owners similarly situated.

Agricultural operations means raising, harvesting or storing of crops; feeding, 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 or for use in the production of poultry, including, but not limited to, chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aquaculture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds.

Alley means a minor way, which is used primarily for vehicular service access to the back or side of properties otherwise fronting on a street.

Applicant means any person who acts in the person's own behalf or as the agent of an owner of property and engages in alteration of land or vegetation in preparation for construction activity.

As-built drawings means amended site plans specifying the location, dimensions, elevations, capacities and operational capabilities of public improvements, including water, sewer, road and drainage structures and stormwater management facilities as they have been constructed.

Bank (stream bank) means the sloping land that contains the stream channel and the normal flows of the stream.

Basement means a space having one-half or more of its floor-to-ceiling height below the average level of adjoining ground and with a floor-to-ceiling height of not less than 6.5 feet.

Best management practices (BMPs) means a collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the Manual for Erosion and Sediment Control in Georgia specified in O.C.G.A. § 12-7-6(b).

Bicycle lane means that part of a street or highway adjacent to the roadway, designated by official signs or markings for use by persons riding bicycles.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the community development department may delineate the outline of the block.

BNR means the board of natural resources.

Buffer area means that portion of a lot set aside for open space or visual screening purposes, pursuant to the applicable provisions of this Code and all conditions of zoning, to separate different use districts, or to separate uses on one property from uses on another property of the same use district or a different use district.

Buffer, city, means an area of land 50 feet in width immediately adjacent to the state buffer.

Buffer, state, means an area of land 25 feet in width immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Buffer, stream, means the state buffer and the city buffer as measured horizontally from the top of the stream bank.

Buildable area means the area of a lot remaining after all setback requirements, including buffer areas, have been met.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Building permit means required written permission issued by the community development department for the construction, repair, alteration, or addition to a structure.

Building setback line means the minimum horizontal distance required between the public right-of-way or the utility easement abutting a private street and the principal building or structure on a lot or any projection thereof except projections that are authorized exceptions to building set, back line requirements in chapter 27 and any zoning conditions approved by the city council pursuant thereto. The size of the utility easements for a private street shall be equal to the required size of the public right of way and shall not be any smaller in width or length than what would be required for a public right-of-way.

Caliper means the diameter of a tree trunk, applied only to new or replacement plantings, measured six inches above the ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes.

Certified personnel means a person who has successfully completed the appropriate certification course approved by the state soil and water conservation commission.

Channel means a natural or artificial watercourse with a definite bed and banks that conduct continuously or periodically flowing water.

Channel protection means the protection of stream channels, in accordance with the state stormwater management manual, from bank and bed erosion and degradation by preserving or restoring the applicable stream buffer, by providing extended detention, and by integrating erosion prevention measures such as energy dissipation and velocity control.

Conservation easement means a restriction or limitation on the use of real property which is expressly recited in any deed or other instrument of grant or conveyance executed by or on behalf of the owner of the land described therein and whose purpose is to preserve land or water areas predominantly in their natural scenic landscape or open condition or in an agricultural farming, forest or open space use and includes conservation easements authorized by state law.

Construction means any alteration of land for the purpose of achieving its development or changed use, including particularly any preparation for, building of or erection of a structure.

Construction waste means waste building materials and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. Such waste includes, but is not limited to, asbestos-containing waste, wood, tree stumps, tree tops, bricks, metal, concrete block, wall board, paper, cardboard, glass, wire, plastics, and other typical construction waste products and refuse.

Crosswalk means a right-of-way within a block dedicated to public use, ten feet or more in width, intended primarily for pedestrians and from which motor-propelled vehicles are excluded, and which is designed to improve or provide access to adjacent roads or lots.

Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. The term "cut" is also known as "excavation."

DNR means the department of natural resources of the state.

Deck, elevated, means an open, unenclosed structure elevated above pervious natural grade that is attached to the primary structure.

Density factor means a unit of measurement used to prescribe the calculated required tree coverage on a site.

Design professional means a professional licensed by the state in the field of engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control, Inc.

Development means all activities associated with the conversion of land or the expansion of replacement of an existing use to any new use intended for human operation, occupancy, or habitation, other than for agricultural purposes devoted strictly to the cultivation of land, dairying or animal husbandry. Such activities include, but are not limited to, land disturbance (clearing and grubbing the land of vegetation and stumps, and grading) and the construction of improvements such as, but not limited to, streets, driveways or parking area, water sewer mains, stormwater drainage facilities, sidewalks or other structures permanently placed in or on the property. Where appropriate to the context, development also may be used to denote a specific subdivision or project which is a single entity or intended to be constructed as in interrelated whole, whether simultaneously or in phases.

Development permit means any permit that authorizes land disturbance for the use, construction thereon or alteration of any real property within the incorporated limits of the city.

Drainage means the removal of surface or subsurface water from a given area, either by gravity or by pumping, commonly applied herein to surface water.

Drainage easement means an easement appurtenant or attached to a tract or parcel of land allowing the owners of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.

Drainage plan means a plan prepared using appropriate and commonly accepted engineering standards, which specifies the means for alteration or development of a drainage system.

Drainage structure means a device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes.

Drainage system means the surface and subsurface system for the removal of water from the land, including, but not limited to, both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and the manmade element which includes culverts, ditches, channels, detention facilities that comprise the storm drainage system.

Elevated building means a nonbasement building built to have the lowest floor elevated above ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls.

EPD means the environmental protection division of the state department of natural resources.

Erosion means the process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion and sedimentation control plan means a plan for the control of soil erosion and sedimentation resulting from a land disturbing activity and that conforms to the requirements of the Manual for Soil Erosion and Sedimentation Control in Georgia.

Extended detention means the detention of stormwater runoff for an extended period, typically 24 hours or greater.

Fill means a portion of land surface to which properly compacted soils have been added the depth above the original ground.

Final stabilization means that 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 disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the usual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodplain means any land area susceptible to flooding, which would have at least a one percent probability of a flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan (i.e., the regulatory flood).

Floor means the top surface of an enclosed area in a building (including basement), i.e., the top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Frontage, lot, means the distance for which the front boundary line of the lot and the street line are coincident.

Georgia Stormwater Management Manual means the manual adopted by the city council that provides the criteria, technical design specifications and standards for the proper implementation of the requirements of this chapter.

Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Ground elevation means the original elevation of the ground surface prior to cutting or filling.

Impervious surface means any surface that is highly resistant to infiltration by water, including, but not limited to, surfaces such as concrete or asphalt as well as most conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, and other similar structures.

Infiltration means the process of percolating stormwater runoff into the soil.

Inspection and maintenance agreement means a written agreement executed by an owner in a form approved by the director that will provide the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which, when properly recorded in the deed records, constitutes a restriction on the title to a site or other land involved in a land development project.

Intermediate regional flood (IRF) means a 100-year frequency flood as defined on the flood hazard map which has a probability of occurring once every 100 years or having a one percent chance of being equaled or exceeded in any given year. (Also known as the base flood, or 100-year flood.)

Intermediate regional floodplain means the land area within the floodplain within a community subject to a one percent or greater chance of flooding in any given year as defined on the flood hazard map. (Also known as area of special flood hazard, or 100-year floodplain.)

Land-disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as described in section 14-29(b)(3)e.

Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this definition, "plan" means an announcement, piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design, or physical demarcation such as boundary signs, lot stakes, or surveyor markings indicating that construction activities may occur on a specific plot.

Live detention means that quantity of water capable of being effectively contained by a designated facility for stormwater storage for a specified period of time.

Local issuing authority means the city council.

Local street means a street used primarily for access to abutting properties in residential, industrial or other developments.

Lot means a designated parcel, tract, or area of land legally established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.

Manufactured home means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition, except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC section 5401 et seq.

Minor site work permit means a development permit for minor activities including, but not limited to, increases in impervious area, replacement of paving/concrete, paving system installation, driveway expansion, landscaping, retaining walls less than 4 feet in height, land disturbance less than 5,000 square feet, and drainage improvements as determined by the director of community development or his designee.

Multi-use trail means a recreation corridor intended for the use of non-motorized forms of transportation such as, but not limited to, walking, running, bicycles, in-line skates, as identified in a master plan for multi-use trails in city approved by the city council.

Natural ground surface means the ground surface in its original state before any grading excavation or filling.

New construction means any structure for which the permitted date of construction commenced after adoption of the ordinance from which this chapter is derived.

Off-site facility means a stormwater management facility located outside the boundaries of the site.

100-year floodplain means land in the floodplain subject to a one percent or greater statistical occurrence probability of flooding in any given year.

On-site facility means a stormwater management facility located within the boundaries of the site.

Open space means that portion of a lot, including yards, established pursuant to the requirements of this chapter as open space, which is open and unobstructed from ground level to the sky, with the exception of natural foliage or accessory recreational facilities or walkways, which is accessible to all persons occupying a building on the lot and is not a part of the roof of any portion of any building.

Operator means the party or parties that have:

(1)              Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or

(2)              Day-to-day operational control of those activities that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or to comply with other permit conditions.

Outfall means the location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is receiving water on site, becomes a point source discharging into that receiving water.

Overbank flood protection means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e., flow events that exceed the capacity of the channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the two-year through 25-year frequency storm events.

Owner means the person in whom is vested the fee ownership, dominion or title of property, the proprietor. The term "owner" may also include a tenant, if chargeable under the lease for maintenance of the property, and any agent of the owner or tenant, including a developer.

Parcel means any plot, lot or acreage shown as a unit on the latest county tax assessment records.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body or any other legal entity.

Phase or phased means subparts or segments of construction projects where the subpart or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Post-development refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of land development activity on a site as the context may require.

Project means the entire proposed development project regardless of the size of the area of land to be disturbed.

Properly designed means designed in accordance with the design requirements 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 up until the date of NOI submittal.

Public facilities means the roads, water, sewer, schools, traffic control devices, and electrical service of the city.

Public works director means the director of the public works department or designee.

Reasonable access means a 15-foot access easement from the public right-of-way to the stormwater management facility and a ten-foot drainage and maintenance easement on all four sides of the stormwater management facility.

Recreation areas means those portions of open space designed and intended for active recreational use, such as sports fields and other play areas.

Redevelopment means a land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Regional stormwater management facility or regional facility means stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced.

Residential shall have the same meaning as given in chapter 27, except that it shall not include apartments.

Roadway drainage structure means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Rock outcropping means a single, contiguous piece of exposed rock that has a horizontal surface area equal to or greater than 200 square feet.

Runoff means the portion of precipitation on the land that reaches the drainage system.

Sediment means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice or gravity as a product of erosion.

Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Sediment basin means a detention facility specifically developed for the purpose of allowing the deposit of sediment resulting from the land development process that may be constructed as part of or separately from a detention facility.

Site plan means that plan required to acquire a development, construction or building permit which shows the means by which the applicant will conform to applicable provisions of this chapter and other applicable ordinances.

SS&WCC means the state soil and water conservation commission.

Stabilization means 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.

State general permit means the national pollution discharge elimination system general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 USC § 1251 et seq. and O.C.G.A. § 12-5-30(f).

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation except as defined in O.C.G.A. § 12-7-17.

Stormwater better site design means nonstructural site design approach and technique that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management.

Stormwater hotspot means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Examples of stormwater hotspots include, but are not limited to, gas/fueling stations, vehicle maintenance areas, vehicle washing/steam cleaning facilities, auto recycling facilities, outdoor material storage areas, loading and transfer areas, landfills, construction sites, industrial sites, and industrial rooftops.

Stormwater management facility means those structures and facilities that are designed for the collection, conveyance, storage, treatment and disposal of stormwater runoff into and through the drainage system.

Stormwater management manual means the Georgia Stormwater Management Manual.

Stream means state waters, and natural, running water flowing continuously or intermittently in a channel on or below the surface of the ground, and includes, but is not limited to, all natural or manmade streams depicted on the 1995 city Geographic Information System (GIS) map maintained by the city GIS director. Stream starts at the location of a spring, seep or groundwater outflow that sustains stream flow. No stream shall be excluded from this definition due to its failure to be identified on the GIS map. Field verification shall be performed to make a final determination as to the existence of a stream where a dispute exists. Such field verification may be performed by the director.

Streambank means as measured horizontally from that point where vegetation has been wrested by normal stream flow or wave action.

Street, private, means an access way similar to and having the same function as a public street, providing access to more than one property but held in private ownership. Private streets, when authorized, shall be developed in accordance with the specifications for public streets established in article VII, division 3, subdivision II of this chapter.

Street right-of-way means the dividing line between a lot, tract or parcel of land and a street right-of-way.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on or in the ground. The term "structure" does not include telephone poles and utility boxes.

Structural erosion, sedimentation and pollution control practices means practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are rip rap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia."

Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow of such runoff.

Subdivision means any division or redivision of a lot, tract or parcel, regardless of its existing and future use, into two or more lots, tracts or parcels. Where appropriate to context, subdivision may also be used to reference the aggregate of all lots held in common ownership at the time of division.

SWCD means the Soil and Water Conservation District within which the city is located.

Tree harvesting means the felling, loading, and transporting of timber products done pursuant to a special exception issued by the zoning board of appeals.

Tree replacement means the replacement of trees and landscape plant materials into the minimum required landscape areas, as determined by the zoning regulations or the tree protection ordinance.

Trout streams means all streams or portions of streams within the watershed as designated by the game and fish division of the state department of natural resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq.

Trout waters, first order, means streams into which no other streams flow except springs.

Trout waters, primary, means streams or waters supporting a self-sustaining population of rainbow, brown or brook trout.

Trout waters, secondary, means streams or waters in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year.

Used for includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

Vegetation means all plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.

Vegetative erosion and sedimentation control measures means measures for the stabilization of erodible or sediment-producing areas by: covering the soil with permanent seeding, sprigging or planting, producing long-term vegetative cover; temporary seeding, producing short-term vegetative cover; or 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."

Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Water quality protection means the requirement that all developments must improve the quality of storm runoff from the development site.

Watershed means the land area that drains into a particular stream.

Wetlands means 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. The term "wetlands" generally includes swamps, marshes, bogs, and similar areas.

(Ord. No. 2014-12-04, § 1(14-1), 12-16-2014)

 

Secs. 14-2-14-20. - Reserved.

 

ARTICLE II. - ENVIRONMENTAL CONTROL

 

Sec. 14-21. - Purposes.

(a)              It is the purpose of this article to establish public policies for the protection of the natural environment and to establish requirements, standards and procedures for land development. The public policy objective of protecting the natural environment is to be achieved by:

(1)              Regulating the alteration of land and topography.

(2)              Regulating the removal and requiring the replacement of certain vegetation.

(3)              Requiring erosion control and sedimentation control.

(4)              Protecting city streams and floodplains from substantial alteration of their natural functions and from sediment and debris accumulation.

(5)              Specifying standards for drainage system design.

(6)              Assuring the continuous and efficient operation of the drainage system.

(7)              Protecting the water quality within intermittent and perennial streams throughout city.

(b)              It is the city's intent that land development be accomplished in conformity with the public policy statements. To that end, the plans required under applicable provisions of this article shall be reviewed by the city to enable a full exchange of information between the city and the applicant as to the city's public policies for land development. However, these policies shall not be used as a control or regulatory mechanism nor be construed as land development standards enforceable under applicable provisions of this article.

(c)              The city further declares its intent that these public policies be evaluated periodically so as to reflect the community's interests in protection of the natural environment and to give direction to city actions in matters affecting the natural environment and land development.

(Ord. No. 2014-12-05, § 1(14-28), 12-16-2014)

 

Sec. 14-22. - Scope and applicability.

(a)              The provisions of this article shall apply to all development activity within the city.

(b)              For purposes of this section, a valid and complete application for a land disturbance permit shall consist of the following:

(1)              Four copies of complete civil plans, that include a site plan, a grading and drainage plan, a utility plan, a soil erosion and sedimentation control plan, a landscape plan, and a tree survey;

(2)              Two copies of the hydrology report;

(3)              An application signed by the owner of the property, or a completed indemnification agreement signed by the owner of the property; and

(4)              Payment of the appropriate development review application fee.

(Ord. No. 2014-12-05, § 1(14-29), 12-16-2014)

 

Sec. 14-23. - Administration and enforcement generally.

The city shall administer and enforce the provisions of this article as follows:

(1)              The community development director is designated to administer and enforce the grading, vegetation, erosion control, sedimentation control, drainage and water quality provisions of this article for all development and construction projects with the following duties and responsibilities:

a.              Review all development permits to ensure that the permit requirements of this article have been satisfied;

b.              Advise the applicant when additional federal or state permits may be required, and if specific federal or state permits are known to be required, that copies of such permits be provided and maintained on file with the development permit; and

c.              Notify adjacent communities and the state department of natural resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(2)              The community development director shall administer and enforce those provisions of this article that apply to developed and occupied areas and to property in an undeveloped state affecting city responsibility for maintenance of the storm drainage system. The community development director shall ensure that maintenance is provided within any altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished.

(3)              All permits shall be in compliance with all of the terms and conditions of all applicable zoning, special land use permit, variance, and special exception cases.

(Ord. No. 2014-12-05, § 1(14-31), 12-16-2014)

 

Sec. 14-24. - Inspection; right of entry.

(a)              Upon presentation of city identification to the applicant, contractor, owner, owner's agent, operator or occupants, city employees may enter during all reasonable hours any property under proposed or existing development or construction. These employees may make inspections of the facilities for the purpose of determining plan requirements or compliance with all ordinance provisions.

(b)              All new developments and redevelopments shall execute an inspection and maintenance agreement unless an on-site stormwater management facility or practice is dedicated to and accepted by the city. The applicant shall execute an easement and an inspection and maintenance agreement that will bind all subsequent owners of land served by an on-site stormwater management facility or practice.

(c)              City employees may inspect any drainage system within or outside of an existing drainage easement. All stormwater management facilities located on private property, whether dedicated to the city or not, shall be accessible at all times for city inspection. Where stormwater management facilities are accepted by the city for maintenance, public access easements shall be provided. Reasonable access shall be provided to all drainage easements for inspection and maintenance functions.

(d)              The department, in addition to other procedures provided, may obtain an inspection warrant under the conditions specified in this section. The warrant shall authorize the community development director to conduct a search or inspection of property without the consent of the person whose property is to be searched or inspected, under the conditions set out in this section.

(1)              Inspection warrants may be issued by municipal court when all of the following conditions are met:

a.              The person seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and

b.              The issuing judge determines that the issuance of the warrant is authorized by law.

(2)              The inspection warrant shall be validly issued only if it meets all of the following requirements:

a.              The warrant is attached to the affidavit required to be made in order to obtain the warrant;

b.              The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property for which the warrant authorizes an inspection;

c.              The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

d.              The warrant refers, in general terms, to the ordinance provisions sought to be enforced.

(Ord. No. 2014-12-05, § 1(14-32), 12-16-2014)

 

Sec. 14-25. - Emergency maintenance operations.

(a)              The community development director or the public works director may conduct emergency maintenance operations on private land and on drainage systems where emergency conditions exist. Emergency maintenance shall constitute the removal of trees and other debris, which in the judgment of the community development director or the public works director create a condition potentially injurious to life, property and the public road system.

(b)              Emergency maintenance conducted on any drainage system shall not be construed as constituting a continuing maintenance obligation on the part of the city.

(Ord. No. 2014-12-05, § 1(14-33), 12-16-2014)

 

Sec. 14-26. - Issuance of notice of violation; variances; time period for correction; appeals.

(a)              Notice of violation. Whenever the community development director determines that development activity or inactivity on a property does not comply with the approved development and construction plans, that approved and required erosion and sedimentation control facilities or devices have been altered, damaged or destroyed, or that any other activities violate the provisions of this article, the community development director shall issue a notice of violation. Whenever the community development director determines that the drainage system has been unlawfully altered, causing inadequate drainage, the community development director or designee shall issue a notice of violation. The provisions of this section shall be in addition to any other penalty provisions applicable to this article. The notice of violation of the provisions of this article or of any rule or regulation adopted pursuant hereto shall be addressed to the owner of the property or the owner's agent and to the person, tenant, firm, corporation, property owner or property owner's agent found to be violating the provisions of this article and shall:

(1)              Be in writing;

(2)              Include a description of the property sufficient for identification of where the violation has occurred;

(3)              List the specific provisions of this article which have been violated;

(4)              State that, if these repairs, construction or alterations are not completed within a reasonable time period specified by the inspector, summons shall be issued for the person, firm, corporation, owner, or owner's agent to appear in municipal court. However, in the judgment of the community development director, where the violation is willful, in wanton disregard of the provisions of this article or constitutes a public health and safety hazard or endangers the ecosystem, the community development director may issue a court summons in lieu of a notice of violation.

(b)              Penalty. It is unlawful for any person, firm or corporation to do anything prohibited or fail to do anything required by the provisions of this article, as they now exist or as they may hereafter be amended. Any person, firm or corporation that shall do anything prohibited or fail to do anything required by the provisions of this article, as they now exist or as they may hereafter be amended, upon conviction of a violation in municipal court shall be subject to a fine or imprisonment in accordance with section 1-11. Where any offense or violation continues from day-to-day, each day's continuance thereof shall be deemed a separate offense. The owner of any buildings or premises or parts thereof, where anything in violation of this article exists, and any architect, builder, engineer, contractor, or any other agent of the owner, or any tenant, who commits, or assists in the commission of any violation, shall be guilty of a separate offense.

(c)              Variances.

(1)              Except as further limited herein, an applicant may request a variance from the terms of the requirements of sections 14-28, 14-29, 14-78, 14-79 and article V of this chapter. The community development director shall have no power to consider or to grant variances which are the responsibility of the director of the EPD pursuant to O.C.G.A. § 12-2-8 and other relevant state statutes and regulations. Where variances involving the same project are requested from both the director of the EPD and the community development director, the community development director shall take no action on any such request for variance until the director of the EPD grants the variance or otherwise approves the request pending before the EPD. Receiving a variance from the director of the EPD does not obligate the community development director to permit the project to proceed if the project does not also meet all the other requirements of this article. No variance from the provisions of this chapter shall be authorized except as specifically authorized in this section or specifically authorized in another section of this chapter.

(2)              Applications for variances authorized in subsection (c)(1) of this section shall be made in writing to the community development director and shall contain all of those materials and documents required by the community development director that are necessary to demonstrate that the request meets the criteria for granting variances.

(3)              In considering a request for a variance to the terms of this article authorized in subsection (c)(1) of this section, the community development director shall use all of the following criteria:

a.              The request, while not strictly meeting the requirements of this chapter, will in the judgment of the community development director be at least as protective of natural resources and the environment as would a plan which met the strict application of these requirements. In making such a judgment, the community development director shall examine whether the request will be at least as protective of the natural resources and the environment with regard to the following factors:

1.              Stream bank or soil stabilization;

2.              Trapping of sediment in surface runoff;

3.              Removal of nutrients, heavy metals, pesticides and other pollutants from surface runoff;

4.              Terrestrial habitat, food chain, and migration corridor;

5.              Buffering of flood flows;

6.              Infiltration of surface runoff;

7.              Noise and visual buffers;

8.              Downstream water quality; and

9.              Impact on threatened and endangered species, as those species are designated by law or federal or state regulation.

b.              By reason of exceptional topographic or other relevant physical conditions of the subject property that were not created by the owner or applicant, there is no opportunity for any development under any design configuration unless a variance is granted.

c.              The request does not go beyond the minimum necessary to afford relief and does not constitute a grant of special privileges inconsistent with the limitations upon other properties that are similarly situated.

d.              The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the area in which the property is located.

e.              The literal interpretation and strict application of the applicable provisions or requirements of this chapter would cause an extreme hardship, provided the hardship was not created by the owner.

(4)              The community development director's decision shall be in writing, shall state the basis for the decision, and shall be made no more than 30 days following application.

(d)              Appeals.

(1)              Generally. Appeals shall be made to the zoning board of appeals, as established in chapter 27 of this Code, and shall be administered in accordance with the notice requirements, criteria and procedural requirements set forth therein, except as otherwise specified below.

(2)              Basis for appeal. Whenever the community development director approves a variance pursuant to subsection (c) of this section and it is alleged that the variance request did not meet the standards of the section, or where the community development director denies a variance request pursuant to subsection (c) of this section and it is alleged that the variance request did meet the standards of the section, or where it is alleged by the applicant that there is an error in any final order, requirement, or final decision made by an administrative official based on or made in the interpretation or enforcement of this chapter, the aggrieved person, or any city official, department, board or agency affected by the order, requirement or decision, shall have the right to appeal the final order, requirement or decision to the zoning board of appeals.

(3)              Initiation of appeal. Appeals shall be made by filing with the secretary of the zoning board of appeals an application for appeal specifying the grounds thereof, within 30 days after the action appealed from was taken.

(4)              Appeal stays all legal proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the zoning board of appeals, after notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life and property. In such a case, proceedings shall be stayed only by a restraining order granted by the superior court of the county on notice to the officer from whom the appeal is taken and on due cause shown.

(5)              Time and notice of hearing. The zoning board of appeals shall fix a reasonable time for hearing of the appeal and shall give notice thereof pursuant to the requirements of section 27-1666.

(6)              Decision of the zoning board of appeals. Following the consideration of all testimony, documentary evidence, and matters of record, the zoning board of appeals shall make a determination on each appeal. The zoning board of appeals shall decide the appeal within a reasonable time but in no event more than 60 days from the date of the final hearing. An appeal shall be sustained only upon an express finding by the zoning board of appeals that the administrative official's action was based on an erroneous finding of a material fact, or that the administrative official acted in an arbitrary manner. In exercising its powers, the zoning board of appeals may reserve or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit provided all requirements imposed by all other applicable laws are met.

(e)              Appeals of final decisions. All appeals of final decisions of the zoning board of appeals under the provisions of this article shall be as follows:

(1)              Any person aggrieved by a final decision of the zoning board of appeals, or any officer, department, board or agency affected by such decision, may seek review of such decision by petitioning the superior court of the county for a writ of certiorari, setting forth plainly the alleged errors. Such petition shall be filed within 30 days after the final decision of the zoning board of appeals is rendered.

(2)              In any such petition filed, the zoning board of appeals shall be designated the respondent in certiorari and city shall be designated the defendant in certiorari. The secretary of the zoning board of appeals shall be authorized to acknowledge service of a copy of the petition and writ for the zoning board of appeals as respondent. Service upon the city as defendant shall be as otherwise provided by law. Within the time prescribed by law, the zoning board of appeals shall cause to be filed with the clerk of the county superior court a duly certified record of the proceedings had before the board, including a transcript of the evidence heard before it, if any, and the decision of the board.

(f)              Private agreements, covenants, and restrictions. This article is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship provided that when the regulations of this article are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements or legal relationships, the regulations of this article shall govern. Further, where there is a conflict between any standard or requirement within this chapter, or between the standards of this chapter and any other provision of the Code, the more restrictive standard or requirement shall apply.

(Ord. No. 2014-12-05, § 1(14-34), 12-16-2014)

 

Sec. 14-27. - Plan submission requirements.

(a)              All site plans submitted in accordance with applicable provisions of this article shall meet the requirements for their preparation and shall also provide information to enable a determination to be made by the community development director as to plan conformance with the public policy statements of this article.

(b)              All persons proposing developments, redevelopments or construction shall submit site plans to the community development director illustrating the means by which conformance with policy provisions may be achieved and illustrating compliance with applicable development standards before issuance of a development or building permit.

(c)              Electric, telephone and gas utilities shall submit plans and obtain a development permit only for major transmission installations located within rights-of-way or easements devoted exclusively to installations of utility facilities. Individual single-family lots within approved subdivisions shall be exempt from these requirements for new residential construction with the exception that individual single-family lots where site plans for each are required by special designation on the recorded plat or such lots are located within the intermediate regional floodplain shall be submitted for review and approval in accordance with this article and other applicable provisions of the Code. Owners and developers of individual single-family lots shall be required to use best management practices to prevent sedimentation from leaving the site.

(d)              Grading, erosion control, sedimentation control, water quality control and drainage plans shall be prepared under the supervision of a currently state-registered professional engineer, architect or landscape architect, or combination as may be appropriate for project planning and design. Tree protection plans shall be prepared in accordance with the requirements specified in article III of this chapter. When the hydrologic engineering analysis includes applications of the principles for flood routing, super critical flow, high energy dissipation or conversion, backwater curves, floodplain studies or other advanced hydrologic engineering techniques, the analysis shall be made by a currently state-registered professional engineer proficient in hydrology.

(e)              Site plans and supporting documentation to show conformance with this article shall be submitted in accordance with the applicable provisions of chapter 27 and all conditions of zoning and shall include the following:

(1)              Evidence of conformance with the requirements of this article for grading, vegetation alteration, erosion control, sedimentation control, water quality control and drainage system alteration or development. Grading plans shall illustrate existing and proposed contours to the two-foot interval at a minimum; golf courses and other open space areas shall be exempt from this requirement but general grading plans for golf courses and other open space areas shall be submitted. Water quality plans shall include the identification of existing wetland areas within the development site and shall demonstrate use of the stormwater quality site development review tool. Related plans shall show locations of structures, roads, surface drainage, existing and proposed drainage conduits, buffer areas, stream buffers, state buffer zones, and proposed alterations to the existing site;

(2)              A hydrologic engineering analysis of stormwater runoff under pre-developed and post-developed site conditions and a detailed evaluation of the projected effects on upstream and downstream properties within the affected drainage basin. In determining downstream effects from stormwater management structures, BMPs, and the development, hydrologic-hydraulic engineering studies shall extend downstream to a point where the proposed development represents less than ten percent of the total watershed. This analysis shall include a determination of the culvert, floodplain and channel cross-section area required to carry the affected runoff at the intermediate regional flood stage level. The requirement for a complete hydrologic study may be waived in writing by the community development director for any development where the site plan submitted illustrates predeveloped or proposed improvements sufficient to ensure compliance with applicable provisions of this article;

(3)              Delineation of the boundaries, contour elevations and floodways of the intermediate regional floodplain for streams draining in excess of 100 acres. Unless shown on the flood hazard map, the intermediate regional flood contour elevations and floodways shall be established by engineering field control surveys and then be added to the flood hazard map upon approval of the community development director and be clearly designated on each site plan, subdivision plat and construction plan. The actual building site in relation to the intermediate regional floodplain boundaries shall be shown; the same information shall be indicated by the seller to the purchaser of each property so affected. The elevation contours representing the intermediate regional flood conditions shall be shown when they are located outside established ditch banks. A benchmark suitable for determining intermediate regional flood elevations shall be established;

(4)              The projected sequence of work represented by the grading, vegetation, erosion control, sedimentation control, water quality control and drainage plans as related to other major items of construction;

(5)              Upon development project completion, location, size and invert elevations of piped segments of the storm drainage system, of control weirs, BMPs and water surface elevations and volumes in detention ponds shall be shown on the final plat for a subdivision, and on a final plan for other developments which shall be submitted to the community development director prior to approval. The currently state-registered professional engineer, architect or landscape architect reviewing the construction shall provide a certificate that the development is in substantial compliance with approved plans. As-built elevation certifications prepared by currently state-registered land surveyors or currently state-registered professional engineers for all developments, including fill, allowed within a floodprone area, shall be submitted to the community development director; and

(6)              A separate tree protection plan in conformance with the requirements of this article.

(Ord. No. 2014-12-05, § 1(14-35), 12-16-2014)

 

Sec. 14-28. - Grading.

(a)              Policies. It is declared to be public policy to:

(1)              Encourage the design of residential grading plans to provide natural appearance of land contours and to provide ease of use in public areas.

(2)              Minimize the adverse effects of land clearance and grading upon existing vegetation.

(3)              Minimize the adverse effects of land clearance and grading upon the drainage system by strict erosion control and sedimentation control measures.

(4)              Minimize erosion and shear failure potential by encouraging limited cutting and filling.

(b)              Standards.

(1)              All grading operations shall be conducted in compliance with the approved site plans.

(2)              Before beginning construction activity, the intermediate regional floodplain elevation contours shall be identified on the property by staking or other identifying mechanisms no less than every 100 feet, and shall be identifiable throughout project development.

(3)              Finish grade slopes on residential projects and lots shall not be steeper than three-to-one, unless absolutely impractical due to vegetation, topography, or soil conditions. Three-to-one finish grade slopes shall transition to two-to-one slopes at all perpendicular stream crossings.

(4)              Large-scale general grading shall include installation of approved soil and erosion control measures and be limited to phases approved by the community development director and completed prior to commencing building construction.

(5)              Prohibit grading and filling in floodplains, except for the construction and maintenance of perpendicular crossings of public utilities, drainage conveyances, roadways, sidewalks, and multi-purpose trails constructed in accordance with city design standards and specifications. Any variance from the requirements of this subsection shall be in accordance with the requirements of section 14-26 and shall comply with the requirements stipulated within article VIII of this chapter, floodplain management.

(6)              The burying, piling, or concealing in any way of construction waste is prohibited, except where permitted within an M-2 (Industrial) District, as defined in chapter 27, and by a permit issued by the state department of natural resources, environmental protection division.

(Ord. No. 2014-12-05, § 1(14-37), 12-16-2014)

 

Sec. 14-29. - Soil erosion and sedimentation control.

(a)              Policies. It is declared to be public policy to:

(1)              Minimize the removal of vegetation;

(2)              Minimize the exposure of bare earth to precipitation by encouraging the scheduling of land development in increments of workable size which can be completed within a single construction season or within a time period compatible with the type and size of the project;

(3)              Provide for the reestablishment of vegetation within a reasonable period following completion of final grading and utility installation;

(4)              Give priority to the paving of streets, parking lots and other areas within a reasonable time following completion of final grading; and

(5)              Encourage the use of erosion control and sedimentation techniques found in the manual for erosion and sedimentation control in the state, as published by the state soil and water conservation commission.

(b)              Standards.

(1)              General requirements. Any land-disturbing activity permitted under this chapter shall be carried out in accordance with the Georgia Erosion and Sedimentation Act of 1975, as amended; this chapter; and the permit conditions specified by the community development director.

(2)              Minimum requirements. Nothing contained in state law or this chapter shall prevent the issuing authority from adopting rules and regulations, ordinances, or resolutions which contain requirements that exceed the minimum requirements contained in this section or in state law.

(3)              Exemptions. This section shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

a.              Surface mining, as the same is defined in O.C.G.A. § 12-4-72, a part of the Georgia Surface Mine Act of 1968;

b.              Granite quarrying and land clearing for such quarrying;

c.              Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion;

d.              The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this section; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b)(4) of this section. For single-family residence construction covered by the provisions of this section, 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 primary 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 community development department 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)(4) of this section and the buffer zones provided by this section shall be enforced by the development department;

e.              Agricultural operations;

f.              Forestry land management practices, including harvesting; providing, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in subsections (b)(4)c.15 and 16 of this section, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

g.              Any project carried out under the technical supervision of the natural resources conservation service of the federal department of agriculture;

h.              Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this section, "state waters" excludes channels and drainageways 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 acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent city from regulating any such project which is not specifically exempted by subsections (b)(3)a-g, i, or j of this section;

i.              Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the department of transportation, the state highway authority, or the state tollway authority; or any road construction or maintenance project, or both, undertaken by any city or municipality; provided, however, that construction or maintenance projects of department of transportation or state tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.2; except where the department of transportation, the state highway authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority 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;

j.              Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project 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 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; and

k.              Any public water system reservoir.

(4)              Minimum requirement for soil erosion and control and sedimentation control using best management practices.

a.              General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities. Therefore, plans for those land-disturbing activities that are not exempted by this chapter shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the erosions and sedimentation control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of subsections (b)(4)b and c of this section and any other applicable provision of this section. The application of measures and practices shall apply to all features of the site, including street and utility installations, stormwater management facilities, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sedimentation pollution during all stages of any land-disturbing activity in accordance with the requirements of this article and the NPDES general permit. The community development director may require that land disturbance activity be phased. Soil erosion and sedimentation control plans shall address appropriate measures to effectively control soil erosion during successive phases of construction.

b.              Minimum requirements.

1.              Best management practices as set forth in subsections (b)(4)b and c of this section shall be required for all land-disturbing activities. Proper design by phases, installation and maintenance of best management practices shall constitute a complete defense to any action by the director of the environmental protection division (EPD) or to any other allegation of noncompliance with subsection (b)(4)b.2 of this section or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f), the Georgia Water Quality Control Act. As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

2.              A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the Georgia Water Quality Control Act, for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the EPD. This subsection shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres.

3.              Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the Georgia Water Quality Control Act, for each day on which such failure occurs.

4.              The director of the EPD may require, in accordance with regulations adopted by the BNR, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur.

c.              Rules and regulations governing land-disturbing activities. The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for the purpose of governing land-disturbing activities shall require, at a minimum, protections at least as stringent as the state general permit; and best management practices, including conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the state 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 shall be kept to a minimum;

3.              Development plans shall conform to topography and soil type so as to create the lowest practical erosion potential;

4.              Whenever feasible, natural vegetation shall be retained, protected and supplemented as provided in articles III and V of this chapter;

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 runoff 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 subsection, 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 seq.;

10.              Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;

11.              Cuts and fills shall not endanger adjoining property;

12.              Fills shall not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;

13.              Grading equipment shall cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;

14.              Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediment on-site or preclude sedimentation of adjacent waters beyond the levels specified in subsection (b)(4)b.2 of this section;

15.              Except as provided in subsection (b)(4)c.16 of this section, there is established a 25-foot state buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director of the EPD determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director of the EPD pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along 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 groundwater 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, O.C.G.A. § 12-5-5 et seq., shall remain in force unless a variance is granted by the director of the EPD as provided in this subsection. The following requirements shall apply to any such buffer:

(i)              No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his 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 quality to keep shade on the stream bed; and

(ii)              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 project plans and specifications and are implemented:

A.              Stream crossings for water lines; or

B.              Stream crossings for sewer lines;

16.              There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to article 2 of chapter 5 of title 12, the Georgia Water Quality Control Act, except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average 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, pursuant to the terms of a rule providing for a general variance promulgated by the BNR, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director of the EPD may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

(i)              No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his 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

(ii)              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 project plans and specifications and are implemented:

A.              Stream crossings for water lines; or

B.              Stream crossings for sewer lines.

d.              Land disturbance resulting in injury to property of another. 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 section or the terms of the permit.

(5)              Application/permit process.

a.              Generally. The property owner, developer and designated planners and engineers shall review the general development plans and detailed plans of the local issuing authority that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this chapter, and other ordinances which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the owner or operator is the only party who may obtain a permit.

b.              Application requirements.

1.              No person shall conduct any land-disturbing activity within the jurisdictional boundaries of city without first obtaining a permit from the community development department to perform such activity, and providing a copy of the notice of intent, if applicable, to the EPD.

2.              The application for a permit shall be submitted to the community development department and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, at a minimum, the data specified in subsection (b)(5)c of this section. Applications for a permit will not be accepted unless accompanied by four copies of the applicant's soil erosions and sedimentation 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 (Ga. Comp. Rules and Regs. 391-3-7-.10).

3.              A permitting fee, as determined by the city council shall be charged for each acre or fraction thereof in the project area.

4.              In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), provided 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 general permit 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 O.C.G.A. § 12-7-8(a), 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 O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

5.              Immediately upon receipt of an application and plan for a permit, the local issuing authority shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. A district shall approve or disapprove a plan within 35 days of receipt. Failure of a 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 community development department. No permit will be issued unless the plan has been approved by the district, and any variances required by subsection (b)(4)c.15 and 16 of this section and bonding if required by subsection (b)(5)b.7 of this section have been obtained. Such review will not be required if city and the district enter into an agreement which allows city to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

6.              If a permit applicant has had two or more violations of previous permits, this chapter, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the community development department may deny the permit application.

7.              The community development department may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the city manager 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.

c.              Plan requirements.

1.              Plans must be prepared to meet the minimum requirements as contained in subsection (b)(4)b and c of this section, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is incorporated by reference into this chapter. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his level of involvement with the process, 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.

2.              Data required for the site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

d.              Permits.

1.              Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the community development department of a completed application, provided variances and bonding are obtained, where necessary; no permit may be issued unless all applicable fees have been paid.

2.              No permit shall be issued by the community development department unless the erosion and sedimentation control plan has been approved by the district and the community development department has affirmatively determined that the plan is in compliance with this chapter, any variances required by subsection (b)(4)c.15 and 16 of this section are obtained, bonding requirements, if necessary, as per subsection (b)(5)b.7 of this section are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of city are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

3.              Any land-disturbing activity by the governing authority shall be subject to the same requirements of this section, and any other ordinances relating to land development as are applied to private persons, and the community development director shall enforce such requirements upon the governing authority.

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 city, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this chapter. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

6.              No permit shall be issued until the applicant files documents with the community development department demonstrating compliance with all applicable local, state and federal requirements.

7.              A development permit shall be valid for two years from its issuance subject to the following provisions:

(a)              If the work authorized in any development permit has not begun within 90 days from the date of issuance thereof, the permit shall expire.

(b)              If the work described in any development permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire.

(3)              Written notice of the expiration shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed until a new development permit has been obtained.

 

(6)              Inspection and enforcement.

a.              The community development department will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the city 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-disturbance activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this section, a written notice to comply shall be served upon that person by the community development department. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this section.

b.              The community development department shall have the power to conduct such investigations as may reasonably be necessary to carry out duties as prescribed in this section, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

c.              No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or the division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

d.              The district or the commission or both shall semi-annually review the actions of the city. The district or the commission or both may provide technical assistance to city for the purpose of improving the effectiveness of the city's erosion and sedimentation control program. The district or the commission shall notify the division and request investigation by the division if the city's program is found to be deficient or ineffective.

e.              The division may periodically review the actions of the city which has been certified as a local issuing authority pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but not be limited to, review of the administration and enforcement of city's ordinances and review of conformance with an agreement, if any, between the district and city. If such review indicates that city 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 city governing authority in writing. Upon receipt of the notification, the governing authority shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the city does not take necessary action within 90 days after notification by the division, the division may revoke the certification of city as a local issuing authority.

(7)              Penalties and incentives.

a.              Failure to obtain a permit for land-disturbing activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this chapter without first obtaining the permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within unincorporated city.

b.              Stop work orders. Upon notice from the community development department or other city-authorized representative, work on any project that is being done contrary to the provisions of this chapter or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required.

1.              For the first and second violations of the provisions of this section on a site, the community development department shall issue a written notice of violation. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the community development department shall issue a stop work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided that if the violation presents an imminent threat to public health or waters of the state, the community development department shall issue an immediate stop work order in lieu of a warning.

2.              For a third and each subsequent violation on a site, the community development department shall issue an immediate stop work order; and

3.              All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

4.              When a violation in the form of land disturbance without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the community development department, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the community development department. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-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, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served by the community development department upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of subsection (b)(5)b.7 of this section. The city manager may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

d.              Monetary penalties. Any person who violates any provisions of this section, or any permit condition or limitation established pursuant to this section, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the community development department issued as provided in this section shall be liable for a civil penalty not to exceed $2,500.00 per day, or the maximum amount authorized by section 1-11. Notwithstanding any limitation of law as to penalties which can be assessed for violations of city ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought under city ordinances approved under this section shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation; however the maximum assessment shall not exceed the amount authorized by section 1-11. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(8)              Education and certification.

a.              Persons involved in land development design, review, permitting, construction, monitoring, or inspection of any land-disturbing activity shall meet the education and 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.

b.              For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in charge of erosion and sedimentation control activities on behalf of the entity or person; the persons shall meet the applicable education or training certification requirements developed by the commission, and maintain evidence of the certification present whenever land-disturbing activities are conducted on the site. A project 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 requiring a state general permit, but otherwise requiring certified personnel on site, may contract with certified persons to meet the requirements of this section.

d.              If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), 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 O.C.G.A. § 12-7-19(4), but shall not be required to meet any educational requirements that exceed those specified in the paragraph.

(9)              Administrative appeal, judicial review.

a.              Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the city upon finding that the holder is not in compliance with the approved erosion and sediment control plan, or that the holder is in violation of permit conditions shall entitle the person submitting the plan or holding the permit to an appeal before the zoning board of appeals pursuant to the procedures and standards set forth in section 14-26(d).

b.              Judicial review. Any person aggrieved by administrative appeals from a decision or order of the zoning board of appeals authorized by subsection (b)(9)a of this section shall be as provided for in section 14-26(d).

(10)              Liability.

a.              Neither the approval of a plan under the provisions of this section nor the compliance with provisions of this section shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon city, the district, its officers or employees for damage to any person or property.

b.              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 section or the terms of the permit.

c.              No provision of this section 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.

(Ord. No. 2014-12-05, § 1(14-38), 12-16-2014)

 

Secs. 14-30-14-46. - Reserved.

 

ARTICLE III. - TREE PRESERVATION AND MAINTENANCE

 

Sec. 14-47. - Purpose and intent; applicability.

(a)              Purpose. The purpose and intent of this article is to protect the rights of property owners and to facilitate and promote canopy preservation and tree replacement as an integral part of the land development and construction process in the city with the goal of maintaining a sustainable tree canopy. The aesthetics of urban forests as well as the many environmental benefits provide both economic and ecological vitality to the city and its citizens.

(b)              Findings. The citizens and their many communities enjoy the following benefits that can be directly attributed to our trees:

(1)              Trees produce oxygen, which is essential to the well-being of all animal life, including humans.

(2)              Trees help to reduce the amounts of airborne pollutants. For example, trees remove carbon dioxide which is a major environmental concern due to its current high levels.

(3)              Trees are critical in cooling the urban "heat island" effect and help moderate our air temperature in general to provide us with a more comfortable environment.

(4)              Trees and their foliage intercept dust and particulate matter, thereby helping to purify our air and limiting health risks.

(5)              Trees and their root systems reduce soil erosion and stormwater runoff. This decreases sedimentation problems and improves water quality.

(6)              Trees provide food and shelter for desirable urban wildlife.

(7)              Trees provide screening which in turn aids in the reduction of noise and glare.

(8)              Trees provide scenic amenities and shade to soften the harshness of city buildings and streets. They are aesthetically pleasing to all that view them.

(9)              Trees can enhance the natural functions of streams and related buffers. In furtherance of its purpose and intent, this article is designed to:

a.              Protect specimen trees and historical trees in a manner consistent with this article. A link to the Georgia Urban Forest Council is provided where a map of state landmark and historic trees can be found: http://www.gufc.org/programs/landmark-and-historic-tree/ .

b.              Provide standards for the preservation of trees as a part of the land development process. This includes discouraging clear cutting and mass grading of land that results in the loss of mature trees.

c.              Provide standards for ecologically appropriate replanting when tree loss does occur.

d.              Protect trees during construction, including the construction of public facilities, to enhance the quality of life in the city.

e.              Maintain trees in a healthy and non-hazardous condition through good arboricultural practices such as proper pruning and mulching.

f.              Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest.

(c)              General applicability.

(1)              This article shall only apply to any activity which requires the issuance of a permit or notice that includes land disturbance or, in the judgment of the city arborist, otherwise has an impact on trees. No such permit shall be issued until it is determined by the city arborist that the proposed activity conforms to the provisions of this article.

(2)              This article applies to the development of all property lying within the city, inclusive of property owned by the city, its agencies, authorities and affiliated entities, except as otherwise provided in this article.

(3)              Nothing in this section shall be deemed to prohibit a property owner from pruning, maintaining or otherwise caring for trees on their property as needs require.

(d)              Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ANSI means the American National Standards Institute.

ANSI standards means the ANSI A300 Series for tree care operations.

Arborist means a person who is certified by the International Society of Arboriculture as an ISA Certified Arborist whose certification is current.

Boundary tree means a tree 15 inches DBH or larger located on any part of a property adjacent to a permitting property with any portion of the root plate extending into the permitting property. (See Root plate. ) Boundary trees must be in good health as determined from the vantage point of the property to be developed (pre-construction digital photographs required). This provision shall not authorize the trespass on private property abutting the site.

Buffer means a naturally existing area, a landscaped area or a combination of both designated for screening or buffering incompatible uses.

Buildable area means that area of the lot available for the construction of a dwelling, egress, and permissible accessory uses after having provided the required front, side and rear setbacks.

Caliper means the standard for trunk width measurement of nursery stock. Caliper of the trunk shall be taken at six inches above the ground for trees up to and including four-inch caliper size, and 12 inches above the ground for trees larger than four-inch caliper. For multi-stem trees, measure the diameter of the largest stem plus the average diameter of the remaining stems.

City arborist means the city's designee responsible for administering the provisions of this article.

Critical root zone (CRZ) means the minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. For the purpose of this article, the minimum area of the critical root zone shall be one-foot radius for every inch of diameter as measured at DBH. The critical root zone includes the root plate. Root plate means the area of the root zone comprised of pedestal roots, the zone of rapid taper and roots under compression, the directional radius of which is based upon the tree trunk diameter at 4.5 feet above the ground. The root plate will typically be represented by a concentric circle centering on the tree trunk with a radius equal in feet to one-half times the number of inches of the trunk diameter. Failure of the tree could result if roots in this area are damaged or destroyed. Example: The root plate radius of a 20-inch diameter tree is ten feet.

Density factor means a unit of measure used to prescribe the calculated tree coverage on a site. Except as provided in section 14-48(1), the site density factor within the corporate limits of the city is 120 inches DBH per acre or 45 percent canopy coverage.

Diameter at breast height (DBH) means the diameter of a tree trunk measured in inches at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, then the trunk is measured at its most narrow point beneath the split. If using an inch tape, measure the circumference of the trunk at breast height and divide by 3.14. Example: 62 inches/3.14 =19.74 or 20 inches DBH (3.14 = n).

Dieback means a condition in which a tree or shrub begins to die from the leaf tips backward into the trunk due to disease or unfavorable environmental conditions.

Director means the director of the department of community development.

Hazardous tree means any tree determined by a certified arborist that is deemed to be in irreversible decline, is diseased, or poses a threat to life or property because of structural instability of the tree.

Historic tree means any historic or landmark tree designated as such by the Georgia Urban Forest Council.

ISA means the International Society of Arboriculture.

Mature canopy size means the potential amount of canopy that can be expected for a species at maturity, categorized as small (400 square feet), medium (900 square feet) and large (1,600 square feet).

Notice means any notice required by the provisions of this article.

Overstory tree means those trees that compose the top layer or canopy of vegetation and will generally reach a mature height of greater than 40 feet.

Permit means any tree removal permit, land disturbance permit, or building permit impacting trees.

Pruning means pruning to elevate branches/limbs that are likely to be damaged by construction activities. Pruning shall not exceed 20 percent of the live crown. All pruning shall comply with ANSI Standard A300 (part 1) pertaining to pruning.

Specimen tree means any tree described in section 14-51(b), which qualifies for special consideration for conservation due to its size, type, condition, location or historical significance.

Tree means any living, self-supporting woody or fibrous plant which normally obtains a diameter breast height of at least three inches, and typically has one main stem, a trunk and many branches.

Tree canopy cover means the amount of ground area directly beneath a tree's crown or the combined crowns of a stand of trees, measured in square feet.

Tree fund means an account, maintained by the finance department of the city, of funds contributed as a form of alternative compliance to this article. Tree funds may be used for:

(1)              The purchase and installation of trees in parks, right-of-ways and other city owned or leased property;

(2)              Maintenance of city trees; and

(3)              Promotion of a healthy urban forest.

Tree protection and replacement plan, tree protection plan, and tree replacement plan has the meaning given to such terms in section 14-49(2).

Tree save area means an area designated for the purpose of meeting tree density requirements, saving natural trees and/or preserving natural buffers.

Trophic layer means the different levels of low-growing grasses, forbs (non-woody flowering plants other than grass) and other plants; small trees, bushes and/or shrubs; and canopy cover from medium to larger trees existing in a stream buffer.

Understory tree means those trees that grow beneath the overstory trees and will generally reach a mature height of less than 40 feet.

(Ord. No. 2014-07-07, 8-26-2014; Ord. No. 2015-02-01, § 1, 2-10-2015; Ord. No. 2015-08-01, 8-25-2015)

 

Sec. 14-48. - Tree removal exemptions.

The following shall be exempt from the provisions of this article:

(1)              The removal of three six-inch DBH or greater trees, other than specimen trees, from an owner-occupied, single-family residential property within a single calendar year so long as a density factor of 60 DBH inches of trees per acre is maintained and provided a tree canopy reduction notice (with no fee) for documentation purposes is obtained from the community development department said tree reduction notice shall expire within 180 days and no extensions shall be granted. Trees less than six-inch DBH may be removed from an owner-occupied, single-family residential property without a permit, so long as a density factor of 60 DBH inches of trees per acre is maintained. Any newly planted trees shall be planted in a manner that provides adequate spacing for nourishment, light and maturation. All stream buffer and floodplain acreage shall be excluded when calculating the density factor requirement contained in this subsection.

(2)              The removal of trees from golf courses and horticultural properties such as farms, nurseries or orchards except removal of trees from the state stream buffers or floodplains.

(3)              The removal of any tree that is hazardous and becomes or threatens to become a danger to human life or property as defined in section 14-47. Prior to removal, or within three days after removal, the property owner must submit a hazardous tree determination from a certified arborist. There is no permit, notice or plant back requirement under this subsection.

(4)              The removal of trees by a public utility or the city within permanent utility easements.

(5)              Activities or trees described in a waiver issued by the city manager or his designee during and immediately after the period of an emergency such as a flood, ice storm, thunderstorm, windstorm, tornado, or any other disastrous act of nature.

(Ord. No. 2014-07-07, 8-26-2014; Ord. No. 2015-02-01, § 1, 2-10-2015; Ord. No. 2015-08-01, 8-25-2015)

 

Sec. 14-49. - Procedures and requirements.

Notwithstanding the preservation of the specimen trees as provided herein, the city requires the preservation of trees outside of the site's buildable area having a density factor of not less than 120 DBH inches per acre or 45 percent canopy coverage with the disturbance of no more than 20 percent of the critical root zone of each tree to be preserved.

(1)              Application requirements (tree survey). Except as provided elsewhere in this article, a tree survey is a required part of any application for a permit to remove or disturb trees or their CRZ within the city. Specimen trees, all trees eight inches DBH and larger, and all trees being counted toward the required density factor shall be identified by size, species, CRZ and location. The city arborist, with the approval of the director, may authorize in writing an alternative to the preparation of a tree survey where the applicant presents documentation by a partial tree survey or tree population inventory of the size, species and approximate critical root zone of trees other than specimen trees adjacent to limits of disturbance which demonstrates that the planned limits of construction will not reduce the tree density of the parcel below any required minimum of density.

(2)              Tree protection and tree replacement plan requirements. A tree protection and replacement plan shall be submitted with any site plan, tree survey, land disturbance, construction and other plans required as part of the permitting process. Plans will not be accepted without a completed tree protection and replacement plan. The tree protection plan and the tree replacement plan should be separated into two plans if the overall plan requirements are too complex to be reflected on one plan. Otherwise, the tree protection plan and the tree replacement plan may be on the same plan. The final decision of whether they are separate or combined is at the discretion of the city arborist. Tree protection and replacement plans shall include:

a.              The identity of the tract of land, including the address, land lot and district and any adjacent roadways or other major identifying factors.

b.              The name, address and telephone number of the owner, developer, landscape architect, surveyor, engineer and a 24-hour contact person;

c.              Evidence that the plans conform to all applicable zoning conditions and any administrative guidelines.

d.              All existing and proposed utility lines including but not limited to: overhead and underground power lines, easements, water lines, sewer lines and other utility lines.

e.              The schedule for the implementation, installation, and maintenance of tree protection measures (the overall project schedule can be referenced, but must include tree protection measures).

f.              The tree survey in the form of a to-scale map showing trees to be saved, Boundary trees and specimen trees with tree protection methods located at the critical root zone and all applicable details and calculations prepared and signed/sealed by a state registered surveyor or a state registered landscape architect. A certified arborist shall also review, approve and stamp the plan prior to submittal. The proposed tree protection fencing locations the requirements of any associated engineering grading/limits of disturbance plans.

g.              The tree replacement plan prepared and signed/sealed by a state-registered landscape architect noting the location of all specimen trees to remain with critical root zone intact, boundary trees, and all other trees which will be conserved and/or planted to count toward meeting site tree density requirements. A certified arborist shall also review site trees and approve and stamp the plan prior to submittal. In addition, this plan will include all associated details, plant lists, inches required, specimen recompense calculations and any other applicable items as determined by the city arborist.

(3)              Tree density requirements.

a.              In connection with the permitting of land disturbance and the construction of improvements, the city requires the preservation of trees having a density factor of 120 DBH inches per acre and having a DBH of eight inches or greater with no more than 20 percent CRZ disturbance or 45 percent canopy coverage on the parcel. The only allowable exceptions are for sites having less than 120 DBH inches of trees or less than 45 percent canopy coverage before development, or only dead, dying or hazardous trees as verified by a certified arborist. For sites having less than 120 DBH inches per acre or 45 percent canopy coverage, see Section 14-51(i) Alternative compliance. Trees located within the buildable area of a site may be removed provided a density factor of 120 DBH inches of trees per acre or 45 percent canopy coverage is maintained.

b.              Tree canopy cover. All existing healthy trees greater than eight inches DBH, with the exception of invasive and non-native, shall be eligible for tree canopy cover. The 45 percent of tree canopy cover on a site shall be measured in percent of the lot area that is covered by tree canopy, including canopy that projects over buildings and impervious surfaces. The canopy projected over and onto the applicant's property by a tree growing on a neighboring property or on the boundary between properties or on public property may be included in the measurement of tree canopy cover on a site.

c.              Tree canopy cover preserved or planted to meet the requirements of tree density shall be conserved on the site for the following time period:

1.              Commercial properties in perpetuity.

2.              Residential properties for five years; after then the provision in section 14-48(1) shall be extended to the homeowner.

d.              Required tree canopy cover lost over time due to natural causes, disease, or pests shall be replaced during the first planting season after the loss occurs with the same mature canopy size potential 2.5-inch caliper tree.

(4)              Calculating tree density and individual tree canopy cover . The applicant shall provide a plan demonstrating both preservation and any required tree replacement on sites submitted for development. Trees within undisturbed zoning buffers and trees outside of stream buffers and floodplain areas may be counted toward the density and/or preservation requirement. All stream buffers and floodplain acreage shall be excluded from the site area tree calculations.

a.              The required density of 120 DBH inches per acre may be achieved as follows:

1.              Counting and measuring existing trees (inches measured at DBH) to be conserved.

2.              The planting of new trees (minimum 2.5-inch caliper) for lots that do not have a density factor of 120 DBH inches per acre or 45 percent of canopy coverage.

Formula: Acreage x 120 DBH inches = Required inches

b.              The 45 percent canopy coverage shall be measured as follows:

1.              The width of crown is measured at its widest point in feet (round to the nearest foot), as it is projected onto the ground. Then the width of the crown in a perpendicular (crosswise) direction is measured. Add these two crown widths (diameters) together and divide by two to get the average crown diameter, and by two again to get the average crown radius. This radius squared multiplied by 3.14 will equal the tree canopy cover for the tree, in square feet.

2.              To measure the canopy cover of a group of trees or all trees on a lot. First map the projection of the canopy onto the ground on a plat or aerial photograph of the property. Measure and map the extent of the canopy in relation to the house and property lines by recording the distances from the property lines, buildings, and other structures. Calculate the square foot area by sectioning the canopy off into squares, rectangles, triangles or circles. Multiply the length by the width of the sections if they are a square or rectangle, multiply length by width and divide by two for a triangle, and use the formula for the area of a circle if more or less circular. Add the various sections together to calculate the total tree canopy cover in square feet. Once the total amount of tree canopy cover on a property has been measured, divide that total by the total area of the lot in square feet to calculate the percent canopy cover for the lot.

Formula: Average canopy diameter x 3.14 = total square foot of canopy/by total lot square footage = canopy coverage percentage of lot.

3.              Arborists may also use an appropriately sized dot grid that can be placed over the top of an aerial photograph or map of a property to determine total tree canopy cover percent for a lot. All dots that fall on top of tree crowns are counted and divided by the total number of dots that cover the entire lot to arrive at an estimate of tree canopy cover percent or other methodologies approved by the city arborist.

4.              The minimum required inches or canopy coverage shall be calculated and established pursuant to the formulas as shown above and shall be presented in a prominent location on the tree protection and replacement plan.

c.              The calculation of the inches or canopy required for residential properties shall be based on the net site area, excluding any detention ponds, lakes, stream buffers, floodplain areas and permanent easements where planting is prohibited. On single family property where there is at least 2,500 but less than 4,500 square feet of front yard area (the area of land immediately adjacent to the improvement running to the boundary of the street right of way), there shall be at least one 2.5-inch caliper tree within the front yard area. On single family residential property where there is at least 4,500 square feet of front yard area, there shall be at least two 2.5-inch caliper trees within the front yard area. Nothing in this article shall be construed to allow the removal of any tree or vegetation in a required stream buffer, transitional buffer zone or state buffer zone except buffer improvements as authorized by the director. A buffer may be pruned per ANSI standards to allow "line of sight" views to and from structures and/or surface water with the approval of the city arborist, provided, however, an entire trophic layer shall not be removed.

d.              The calculation of the inches or canopy required for commercially or industrially zoned properties shall be based on the net site area, excluding any detention ponds, lakes, stream buffers, floodplain areas and permanent easements where planting is prohibited. Nothing in this article shall be construed to allow the removal of any tree or vegetation in a required stream buffer, zoning buffer, or state buffer zone except buffer improvements as authorized by the director. Trees within a buffer may be pruned per ANSI standards to allow "line of sight" views to and from structures and/or surface water with the approval of the city arborist; provided, however, an entire trophic layer shall not be removed.

e.              Tree relocation of existing trees between two-inch caliper and 7.9-inch caliper inches may be used for credit on the tree replacement plan with the written approval of the city arborist.

f.              Tree preservation areas shall leave intact the naturally occurring groundcover or understory vegetation unless otherwise approved in writing by the city arborist in order to remove invasive or undesirable vegetation.

(5)              Issuance of permit. No permit shall be issued until the tree protection and replacement plan has been reviewed and approved by the city arborist. All tree protection measures shall be installed as approved and inspected by the city arborist or a designee prior to land disturbance. Once land disturbance begins, sites not complying with the approved tree protection and replacement plan may be issued a "Stop Work Order" or a permit may be revoked if conditions of the permit terms are violated.

(6)              Final inspection. No certificate of occupancy will be issued by the director for any improvement where the construction and/or land disturbance is subject to this article until the city arborist has inspected the site and confirmed that all remaining existing trees are in good condition and all replacement trees have been planted in compliance with the approved tree protection and replacement plan.

(Ord. No. 2014-07-07, 8-26-2014; Ord. No. 2015-02-01, § 1, 2-10-2015; Ord. No. 2015-08-01, 8-25-2015)

 

Sec. 14-50. - Fees.

Refer to the city's fee schedule.

(Ord. No. 2014-07-07, 8-26-2014; Ord. No. 2015-02-01, § 1, 2-10-2015; Ord. No. 2015-08-01, 8-25-2015)

 

Sec. 14-51. - Tree preservation and replacement standards.

(a)              Transplant trees.

(1)              Any tree transplanted/moved using the tree spade method from one area on the permitted site and relocated to a different area of the permitted site will be given credit at 1.5 x DBH inches.

(2)              A tree spade transplanting agreement must be signed by the applicant and approved by the city arborist prior to plan approval.

(3)              Transplanting shall be performed using a tree spade of proper dimension.

(4)              Transplanting shall comply with the current ANSI Standard Z-60.1, section 1.3.

(5)              Trees and shrubs should not be dug or moved with a tree spade during the active growing period (Mid-March to early October).

(b)              Specimen trees.

(1)              Specimen trees and the critical root zone of each such tree shall be shown on the tree protection and replacement plan by the applicant. The critical root zone shall be depicted on the plan by a dashed circle. Any specimen tree saved with less than 25 percent critical root zone impaction within the buildable area of the lot shall be worth 1.5 x DBH inches. A certified arborist's prescription for treatment must be approved by the city arborist prior to plan approval.

(2)              The sizes and types of trees to be designated as specimen trees are as follows:

a.              26-inch DBH. Hardwood/softwood trees of the following genus: Oak, beech, ash, blackgum, sycamore, hickory, maple (does not include silver maple), pecan, walnut, persimmon, sourwood, cedar, cypress, or redwood.

b.              30-inch DBH. Hardwood trees of the following genus: Tulip poplar, sweet gum, magnolia, river birch, or silver maple.

c.              10-inch DBH. Understory trees, including, but not limited to, American holly, dogwood, redbud or other genus of understory trees indigenous to the city.

(3)              Additional criteria for consideration to designate a tree as a specimen:

a.              A tree life expectancy of greater than 15 years.

b.              A sound and solid trunk with no obvious extensive decay, hollow areas, or structural deficiencies.

c.              A radial trunk dieback of no more than 20 percent or a canopy dieback of no more than 30 percent.

d.              A uniform tree crown distribution with no more than 70 percent of all branches on one side of the tree.

(4)              A tree can be designated as a specimen tree if the city arborist deems:

a.              It is a rare or unusual species or of historical significance.

b.              It is specifically used by a builder, developer or design professional as a focal point in a project or landscape.

c.              It is a tree with an exceptional aesthetic quality.

(5)              The city arborist may identify and require the preservation of a tree stand if it contains one or more specimen trees and the specimen trees are interlocked with other members of the stand in such a way as to imperil the specimen tree if other members of the stand were to be removed.

(6)              A report by a certified arborist shall be included along with the tree protection and replacement plan for all specimen sized trees noting their location, size and condition. Trees meeting the specimen criteria that are slated for removal shall be recompensed at 1.5 x DBH inches with a combination of two-inch, three-inch and four-inch or larger caliper overstory tree. For trees not meeting the specimen tree criteria, the arborist report will contain supporting photo documentation and detailed descriptions supporting this determination. Upon confirmation by the city arborist, the applicant will not be required to recompense properly documented trees that do not meet the specimen tree criteria. The arborist report shall be submitted in digital format (pdf) for documentation purposes. Specimen recompense is in addition to the density factor requirement of 120 DBH inches or 45 percent canopy coverage per acre. Trees other than specimen trees saved without any critical root zone impact in excess of the required density factor of 120 DBH inches per acre or 45 percent canopy coverage may count toward the specimen recompense on a 1.5 x DBH inch basis.

(7)              No specimen tree existing on a tract of land that is not to be removed pursuant to approved tree protection plan shall be removed without the written approval of the city arborist and the director.

(8)              If the city arborist agrees that the specimen recompense trees will not fit on the site in accordance with accepted industry spacing requirements, alternative compliance shall be made by payment of a recompense fee to the tree fund.

(9)              The specimen tree recompense fee is computed as follows: Recompense fee = $200.00 per/DBH inch.

a.              The number of inches subject to a specimen recompense fee shall not exceed 60 inches DBH per acre in addition to the required 120 inches DBH or 45 percent canopy coverage for preservation, nor shall it exceed $240,000.00 per 20 acres in any case.

b.              A reduction of up to 50 percent of recompense can be granted if the site design includes dedicated Green Space and/or Green Infrastructure Practices found on the EPA website: ttp://water.epa.gov/infrastructure/greeninfrastructure/index.cfm

including, but not limited to, bioretention, rain gardens, infiltration trenches, bioswales, permeable pavement, stormwater planters, subsurface infiltration, rainwater harvesting/cisterns, and green roofs.

(c)              Protection of trees during construction.

(1)              Trees identified to be preserved and counted toward the tree density requirements shall have temporary chain link fence or four foot orange tree protection fencing and staked hay bales installed at or beyond the critical root zone. A sign shall be place on the fencing stating "Keep Out." A two-inch layer of mulch and mycorrhizae fungi shall be applied over the critical root zone prior to construction.

(2)              Pre-construction limb pruning shall be performed on any trees within the construction zone, that are to be preserved, tree branches shall be pruned to an appropriate height to avoid damage by construction equipment and structures. All dead branches greater than one inch in diameter should be removed to reduce the risk of dead branch failure to construction personnel. All tree pruning is to be done using ANSI standard A300 (part 1) for pruning. No gaff or spike climbing to be used to access limbs.

(3)              Root pruning is to be done whenever roots of trees are exposed during construction, All root pruning to be done using ANSI standard A300 (part 8) for root management. The root ends are to be cut off cleanly and the roots covered by dirt or plastic for as long as the root is exposed. When performing a trench excavation, the roots have to be cut on the tree-side of the trench prior to excavating. No root pruning shall be allowed in the structural root plate of any saved tree.

(4)              In tree save areas where large equipment will be operating, a temporary bridge over the root system of the tree shall be constructed including but not limited to construction mats or landscape timbers and plywood. Area of bridge will typically adhere to the area under the dripline for all trees. Temporary bridge detail must be included on the tree protection and replacement plan.

(5)              No person engaged in the construction of any improvement or site work shall encroach or place solvents, material, construction machinery or temporary soil deposits within the critical root zone of specimen trees, tree save areas, transitional buffer zones, stream buffers and/or state buffers.

(6)              All tree protection devices must remain in functioning condition until completion of the project:

a.              For all projects, tree protection devices must be installed and inspected prior to any clearing, grubbing or grading.

b.              Tree protection fences for subdivisions shall be installed by the developer at the same time as the erosion control devices. The developer is responsible for maintenance of tree protection fences and devices until building commences on a lot. Thereafter, both the developer and the general contractor are responsible for maintenance of the fence on the lot.

(7)              Any tree designated on the tree protection plan to be saved, which is damaged during construction other than by an act of God, shall be treated according to ISA standards. If fatally damaged, the tree shall be recompensed on a 1.5-inch per one-inch basis with a combination of two-inch, three-inch and four-inch or larger caliper overstory trees.

(8)              Boundary tree protection and escrow account.

a.              The permittee shall provide a boundary tree agreement between the homeowner and the applicant. The boundary tree owner may request for a tree escrow account to be established, which may be an irrevocable letter of credit in favor of the city from the permittee in the amount agreed to by both parties or may be a cash deposit in trust with the city in that amount, or the permittee must submit an agreement contract concerning the proposed boundary tree disturbance that is agreed upon and signed and notarized by both parties, prior to permit issuance. A copy of that agreement shall be submitted to the city to be placed in the building permit file.

b.              For any boundary tree that has its critical root zone impacted and/or encroached into more than 20 percent without a previously approved certified arborist prescription, the permittee shall either deposit into an escrow account, or cause to be issued in favor of the city, an irrevocable letter of credit, in an amount totaling the estimated cost of removal of the boundary tree plus the cost to replace the boundary tree with a minimum three-inch caliper tree. The applicant must send a certified letter describing the proposed disturbance to the boundary tree owner at the last known address of the boundary tree owner. A copy of the letter and the certificate of mailing must be provided to the City of Brookhaven to place in the permit file prior to permit issuance.  This does not prevent the boundary tree owner from filing a civil action in court for any damages to the boundary tree real or perceived.

c.              Replacement trees shall be of comparable mature canopy size and species quality to the replaced boundary tree, and shall be ecologically compatible with the intended growing site as determined by the city arborist.

d.              After three years from the date of certificate of occupancy issuance, the permittee may petition the city arborist to return the money held in escrow for the boundary tree. The city arborist will review the boundary tree to determine if it is in irreversible decline as a result of the permittee's disturbance activities. Permittee and boundary tree owner are notified of the arborist's determination via first class mail. Either party may appeal the decision to the zoning board of appeals.

e.              If, during the three-year period, the boundary tree is in irreversible decline or has died as a result of the permittee's land disturbance and/or construction activity, the boundary tree owner will be issued a check by the city for the amount deposited by the permittee. The permittee and boundary tree owner will be notified by the arborist via first class mail. Either party may appeal the decision to the zoning board of appeals.

f.              Neither the boundary tree owner nor the permittee shall be entitled to receive interest on any funds required by this provision. Any funds not collected by either the boundary tree owner or the permittee within a period of four years shall be deposited into the city tree fund.

(d)              Removal of trees from floodplain. Trees shall not be cut or removed from the 100-year floodplain except as follows and only with prior written approval by the director:

(1)              Those trees found to be diseased or infested by insects as determined by either the city arborist, county extension service, the state forestry commission, a certified arborist or a registered forester;

(2)              For the construction, repair or maintenance of public roads, utilities or stormwater management facilities;

(3)              As part of a governmental approved wetland mitigation plan; or

(4)              As part of a land disturbance application that conforms to the steam buffer and floodplain ordinance requirements contained in articles VI and VIII of this chapter.

In the event that this section conflicts with article VIII of this chapter relating to floodplain management, the provisions of article VIII of this chapter shall control.

(e)              Tree replacement.

(1)              The tree protection and replacement plan shall include a planting schedule/list with proposed tree names (botanical and common), quantity, minimum caliper size, total inches, percentages and any special planting notes or comments. A minimum of 50 percent of the trees shall be native to the region.

(2)              Trees counting toward the density factor must be on the approved plant list shown in this division . Any trees not on this list must be approved by the city arborist before planting. Trees selected for planting must meet the minimum requirements as provided in the American Standard for Nursery Stock (ANSI Z60.1, edition).

(3)              At least 50 percent of trees planted as replacement trees must be overstory trees. When practical, the replanted trees shall be of the same or similar species as those removed. No more than 25 percent of any one genus may be included in any plan without the written consent of the city arborist. When more than 50 trees are proposed for replanting, a minimum of five species of trees is required.

(4)              Replacement tree planting within utility, storm drainage, sanitary sewer, or other types of easements is not permissible without the written permission of the easement holder and a copy of such consent is delivered to the city arborist with the tree protection and replacement plan.

(5)              Replacement trees shall be planted in a manner that provides adequate spacing for nourishment, light and maturation pursuant to ANSI standards. The minimum spacing between the trunks of all deciduous shade trees and existing or proposed buildings shall be 20 feet.

(6)              The minimum spacing between the trunks of all understory trees and any existing or proposed buildings shall be 15 feet.

(7)              Approved tree planting and staking details shall be included in the plan.

(8)              Trees which are used to meet the density requirements of this section shall be maintained for two growing seasons after the date of final inspection. The property owner shall maintain required tree density. The permittee (applicant or builder) will be responsible for identifying newly planted trees to the homebuyer and to inform the homebuyer as to their proper maintenance. Should any tree begin failure within the two-year period, a replanting of new replacement trees shall be completed. An agreement between the permittee and homebuyer to determine who will cover replacement costs at time of tree death to be submitted prior to certificate of occupancy. If there is no homebuyer at the time of certificate of occupancy, the permittee is responsible for tree replacement.

(f)              Parking lot trees.

(1)              Any redevelopment project that results in the removal and replacement of 50 percent or more of an existing parking lot, other than routine maintenance of the parking lot surface, shall be subject to the requirements of this section.

(2)              Parking areas containing more than 20 off-street parking spaces on any single lot shall contain parking lot trees.

(3)              There shall be a minimum of one overstory tree for every eight parking spaces included in the required landscaped areas (i.e., peninsula, island or median island). Perimeter trees are not considered parking lot trees.

(4)              Parking lot trees must be a minimum of 2.5-inch caliper and no parking space shall be more than 50 feet from a tree. A 50-foot dashed radius circle for each parking lot tree shall be depicted on the tree protection and replacement plan. Overstory trees shall have a minimum of 200 square feet per tree per planting area.

(5)              Parking lot tree islands shall terminate each row of parking and shall be a minimum of nine feet wide. Interior islands shall be a minimum of eight feet wide. Tree islands shall be backfilled with a minimum of three feet of suitable soil.

(6)              Light poles and associated underground electric lines shall not be allowed in parking lot tree islands. A 20-foot minimum spacing is required between the trunks of all deciduous shade trees and any existing or proposed light poles. The final light pole locations shall be depicted on the plan with a 20-foot dashed radius circle around each light pole.

(g)              Street trees.

(1)              On commercial and industrial sites, there shall be a minimum of one 2.5-inch caliper deciduous shade tree for every 35 feet of public street or private entrance road frontage. The planting area must be a minimum of eight feet from the back of curb, if no sidewalk is present. If a sidewalk is present or is to be installed, the planting area from the back of sidewalk must be a minimum of five feet. If the public street has a speed limit of 45 or more miles per hour, trees must be located a minimum of 16 feet from edge of the pavement. The plan submittals require a detail of the street front planting requirement and include all calculations. Root barriers may be required on a case by case basis. Acceptable understory species, as approved by utility provider, may be substituted as road frontage trees in situations where overhead power lines are present.

(2)              For subdivisions, providing a design appropriate street tree planting program is an acceptable method of achieving tree density requirements. Plans will be approved on a case by case basis and trees must be a minimum of two-inch caliper.

(h)              Buffers.

(1)              During authorized land-disturbing activities, all buffers shall be clearly demarcated on all development plans and protected during construction in accordance with best management practices or as required by the city arborist.

(2)              Required stream buffers shall comply with all current state and local guidelines.

(3)              A zoning buffer shall consist of evergreen plant materials that when planted are intended to form an 80 percent visual barrier within two years and a 100 percent visual barrier within five years. Planted trees and shrubs must have a minimum height of six feet and two feet, respectively. Buffers may be required as a condition of rezoning of a parcel, the granting of a variance or the granting of a special exception under chapter 27.

(4)              Disturbance or encroachments of buffers are not permitted. This includes, but is not limited to, ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance facilities and any associated easements except that necessary utility access and crossings may encroach into the buffer as near to perpendicular as practical.

(5)              Buffer planting standards are as follows:

a.              Existing buffer to remain undisturbed . Sparsely vegetated or previously disturbed portions of any existing buffer shall be replanted to comply with subsection (h)(3) of this section. Dying, diseased, dead or invasive materials may be removed from a buffer provided that minimal disturbance occurs and the written approval of the city arborist or director is obtained prior to the removal.

b.              Buffer width 20 feet or less . This buffer shall consist of a minimum of one row of evergreen trees and one row of evergreen shrubs.

c.              Buffer width 21-35 feet . This buffer shall consist of a minimum of two rows of evergreen trees and one row of evergreen shrubs.

d.              Buffer width greater than 35 feet. This buffer shall be subject to approval by the city. A mix of hardwood and evergreen trees planted within buffer areas may be counted for credit toward the minimum required density inches per acre. Up to 25 percent of this buffer may also be planted with shrubs as approved by the city arborist.

(i)              Alternative compliance. The city arborist must review and approve all requests for alternative compliance. For the request to be considered, the applicant must preserve trees outside of the site's buildable area having a density factor of not less than 60 DBH inches per acre with the disturbance of no more than 20 percent of the critical root zone of each tree to be preserved. Where the city arborist has determined that special constraints of a site result in an inability to provide the required 120 inches per acre or 45 percent canopy coverage and/or specimen recompense inches per acre, the number of trees will be determined by the city arborist based on site review. Possible alternatives may include one or more of the following:

(1)              Common area planting within the existing development.

(2)              Tree banking. Allowable in areas designated for public planting programs within a reasonable distance from the existing development. To be approved on a case by case basis by both the director and the city arborist.

(3)              Tree fund. Price per inch based on current market installed costs.

(j)              Tree harvesting. Permits authorizing selective tree harvesting shall be determined on a case by case basis with the approval of the city arborist and the director.

(k)              Utility company and public works guidelines.

(1)              All tree trimming and pruning are to be performed by public utilities, public agencies and their subcontractors on trees growing on private or public rights-of-way shall be done according to the most current ANSI standards for pruning of mature trees.

(2)              The routing of public and private utility easements shall be subject to review and comment by the city arborist.

(3)              No person, firm or corporation shall interfere with the director of public works or persons acting under the director of public work's authority while engaged in planting, mulching, pruning or removal of trees, shrubs, etc., in any street or public place within the city.

(l)              Enforcement. It shall be the duty of the director or a designee of the director to enforce this article. The director shall have the authority to, and the city arborist may recommend that, the director revoke, suspend or void any permit or suspend all work on a site or portion thereof in order to effect compliance with this section.

(1)              Violation and penalty . Any violation of any of the provisions of this article by any person, firm or corporation shall be deemed an offense and upon conviction in municipal court such person, firm or corporation shall be subject to penalty as is provided in section 1-11. Each tree removed or killed in violation of this section shall be considered a separate offense. Upon conviction in municipal court, the owner of any buildings or premises or parts thereof, where anything in violation of this section exists, and any architect, builder, contractor or any other agent of the owner, or any tenant, who commits or assists in the commission of any violation, shall be guilty of a separate offense. Any homeowner of record found in violation of any of the provisions of this article, after having first been issued a warning notice, shall be subject to penalty as is provided in section 1-11.

(2)              Additional legal remedies . In addition to all other actions and penalties authorized in this section, city attorney or his designee is hereby authorized to institute injunctive, abatement or any other appropriate judicial or administrative actions or proceedings to prevent, enjoin, abate or remove any violation of this section.

(3)              Administrative variances . Front, side, and rear yard setbacks, and parking requirements may be reduced up to 25 percent by the city arborist and the director in order to preserve existing specimen trees. Appropriate conditions to said administrative variances shall be imposed so as to ensure the continued health of said trees following the granting of such variances, including mandatory replacement requirements. Administrative variances shall be considered and decided consistent with procedures and criteria as set forth within the zoning ordinance.

(m)              Special exceptions . The zoning board of appeals shall hear and decide applications for special exceptions for the removal of a specimen tree. The provisions of sections 27-1658 through 27-1661 and sections 27-1668 through 27-1670 shall apply with regard to this section. No such special exception for the removal of a specimen tree shall be granted by the zoning board of appeals unless the applicant has demonstrated, and the zoning board of appeals has found, that the property is not capable of earning a reasonable economic return absent the grant of the special exception. In making this determination, the zoning board of appeals shall consider the following factors:

(1)              Value of the trees in question, considering their age, size, health and significance.

(2)              The current level of economic return on the property.

(3)              The marketability of the property.

(4)              The feasibility of alternate design or uses.

(Ord. No. 2014-07-07, 8-26-2014; Ord. No. 2015-02-01, § 1, 2-10-2015; Ord. No. 2015-08-01, 8-25-2015)

 

Sec. 14-52. - Tree list.

Tree List

* Denotes native Georgia plant throughout this table.

Botanical Name and Common Name

Georgia's Hardy Zone

Texture

Form

Height

Spread

Grow Rate

Class

Remarks

Overstory-Large Trees

Acer rubrum 'franks red' red sunset red maple

6b, 7

Medium

Rounded

45-50'

35-40'

Medium

Deciduous

Shade tree with bright red fall color

Acer rubrum 'October glory' October glory red maple

Entire state

Medium

Oval rounded

40-50'

25-35'

Medium

Deciduous

Shade tree with excellent late red fall color

Acer saccharum ssp. Floridanum southern sugar maple *

Entire state

Medium

Oval

40-50'

25-35'

Medium to fast

Deciduous

Shade tolerant; usually yellow fall color

Acer saccharum 'legacy' legacy sugar maple

6b, 7

Medium

Oval

40-50'

25-35'

Medium

Deciduous

Drought resistant with dark green leathery leaves

Betula nigra 'bnmtf' dura-heat river birch

Entire state

Medium

Oval

40-50'

30-40'

Fast

Deciduous

Specimen with good heat tolerance

Betula nigra 'cully' heritage river birch

Entire state

Medium

Oval

40-50'

25-35'

Fast

Deciduous

Specimen

Carya illinoinsesis pecan

Entire state

Medium

Rounded

50-60'

30-40'

Medium

Deciduous

Nuts and shade; branches subject to breakage

Celtis laevigata sugar hackberry *

Entire state

Medium

Upright to rounded

60-80'

25-35'

Medium

Deciduous

Street and shade tree

Cryptomeria japonica 'yoshino' Japanese crytomeria

Entire state

Fine

Pyramidal

50-60'

20-30'

Fast

Evergreen conifer

Specimen and screening

Cupressocyparis leylandii leyland cypress

Entire state

Fine

Pyramidal

50-60'

20-30'

Fast

Evergreen conifer

Specimen and screening

Fagus grandifolia American beech *

Entire state

Coarse

Rounded

60-80'

35-45'

Medium

Deciduous

Shade tree

Ginkgo biloba ginkgo or maiden hair tree

Entire state

Medium

Irregular

50-70'

30-40'

Very slow

Deciduous

Yellow fall color; specimen; select male trees

Liquidambar styracifula sweetgum *

Entire state

Coarse

Oval

60-80'

40-50'

Fast

Deciduous

Yellow to orange to purple fall color; specimen

Liriodendron tulipfera tuliptree or yellow poplar *

Entire state

Coarse

Pyramidal

80-100'

30-40'

Fast

Deciduous

Shade tree, needs adequate moisture

Magnolia grandiflora southern magnolia *

Entire state

Coarse

Horizontal branching pyramidal

60-80'

40-50'

Slow to medium

Broad-leaved evergreen

Specimen with large white flowers

Magnolia grandiflora 'bracken's brown beauty' bracken's brown beauty magnolia

Entire state

Course

Pyramidal

40-60'

15-30'

Medium

Broad-leaved evergreen

Compact, dense pyramidal specimen

Metasequoia glyptostroboides dawn redwood

6b, 7

Fine

Upright

80-100'

25-30'

Fast

Deciduous conifer

Specimen or screen, tolerant of wet sites

Nyssa sylvatica black tupelo *

Entire state

Medium

Oval

40-50'

25-30'

Medium

Deciduous

Naturalistic gardens

Pinus taeda loblolly pine *

Entire state

Medium

Horizontal branching

60-80'

20-30'

Fast

Evergreen conifer

Mass plantings and screening

Platanus occidentalis sycamore or planetree *

Entire state

Coarse

Upright

80-100'

40-50'

Fast

Deciduous

Shade tree

Platanus x acerifolia london planetree

Entire state

Coarse

Upright

70-100'

50-60'

Fast

Deciduous

Shade tree with urban tolerance

Quercus alba white oak *

Entire state

Medium to coarse

Rounded

60-100'

40-60'

Slow

Deciduous

Shade tree, difficult to transplant

Quercus coccinea scarlet oak *

Entire state

Medium

Rounded

60-80'

30-40'

Medium

Deciduous

Scarlet fall color; shade

Quercus falcata southern red oak *

Entire state

Coarse

Rounded

70-80'

30-60'

Medium

Deciduous

Sheds old leaves in early spring; shade tree.

Quercus hemisphaerica laurel oak or Darlington oak *

7, 8

Medium

Rounded

60-80'

40-60'

Medium

Semi-evergreen

Drought tolerant street tree

Quercus laurifolia swamp laurel oak *

7, 8

Medium

Rounded

60-80'

30-40'

Medium

Semi-evergreen

Shade; sheds leaves earlier than laurel oak

Quercus lyrata overcup oak *

Entire state

Medium

Rounded

40-60'

30-40'

Medium

Deciduous

Transplants well, adapts to poor sites; strong oval form when young

Quercus nigra water oak *

Entire state

Medium

Rounded

50-80'

40-50'

Medium to fast

Deciduous

Shade tree

Quercus nuttallii nuttall oak

Entire state

Medium

Rounded

40-60'

30-40'

Fast

Deciduous

Shade tree transplants well

Quercus palustris pin oak

6b, 7

Medium

Pyramidal

50-60'

25-40'

Medium

Deciduous

Shade or specimen tree

Quercus phellos willow oak *

Entire state

Fine

Rounded

40-60'

30-60'

Medium

Deciduous

Yellow fall color, shade tree

Quercus shumardii shumard oak *

Entire state

Medium

Pyramidal to rounded

60-80'

50-60'

Medium

Deciduous

Russet red fall color; good street tree

Quercus Virginiana live oak *

7, 8

Medium

Rounded, spreading

40-80'

60-100'

Medium

Broad-leaved evergreen

Shade or specimen tree

Taxodium distichum bald cypress *

Entire state

Fine

Pyramidal

50-70'

20-30'

Medium

Deciduous

Specimen with small bright green leaves

Ulmus parvifolia thena lacebark elm

Entire state

Fine

Rounded

30-40'

40-55'

Fast

Deciduous

Specimen or shade for urban areas; drought tolerant and pest free

Ulmus parvifolia 'elmer ii' allee lacebark elm

Entire state

Fine

Vase shaped

50-75'

40-60'

Fast

Deciduous

Specimen or shade for urban areas; drought tolerant and pest free

Zelkova serrata 'green vase' green vase Japanese zelkova

Entire state

Fine to medium

Vase shaped

60-80'

40-60'

Fast

Deciduous

Shade or street tree with fast growth

Zelkova serrata 'village green' Japanese zelkova

Entire state

Fine to medium

Vase shaped

40-60'

30-40'

Fast

Deciduous

Excellent street tree with rusty red fall color

Understory-Small Trees

Acer buergerianum trident maple

Entire state

Medium

Oval

20-35'

15-25'

Slow to medium

Deciduous

Specimen or naturalistic sites; tough tree for urban sites

Acer palmatum Japanese maple

Entire state

Fine to medium

Horizontal branching

15-20'

10-15'

Medium

Deciduous

Specimens with red or green foliage

Amelanchier arborea serviceberry *

6b, 7

Medium

Oval

30-40'

15-20'

Medium

Deciduous

Borders; white flowers in early spring

Carpinus caroliniana American hornbeam *

Entire state

Medium

Irregular

20-30'

15-20'

Slow

Deciduous

Tough, urban tolerant tree; wet site tolerant

Cedrus deodara deodar cedar

7, 8

Medium

Pyramidal

30-50'

20-30'

Medium

Evergreen conifer

Specimen, screening

Cercis canadensis eastern redbud *

Entire state

Medium

Oval

20-30'

18-20'

Medium

Deciduous

Spring flowering

Cercis chinensis Chinese redbud

Entire state

Medium

Oval

15-20'

10-12'

Medium

Deciduous

Small spring flowering tree

Cercis reniformis ma' redbud

7, 8

Medium

Spreading

15-20'

15-20'

Medium

Deciduous

Red flowers

Chionanthus retusus Chinese fringe tree

Entire state

Medium

Spreading

15-25'

10-15'

Medium

Deciduous

Bright white spring flowers

Chionanthus virginicus white fringe tree *

Entire state

Coarse

Irregular

12-20'

10-15'

Slow to medium

Deciduous

White spring flowers

Cladrastis kentukea American yellowwood

6b, 7

Coarse

Oval

25-30'

10-12'

Slow

Deciduous

White flowers and yellow fall color; specimen

Cornus florida flowering dogwood *

Entire state

Medium

Horizontal branching

15-25'

15-20'

Slow

Deciduous

Specimen or masses

Cornus kousa kousa dogwood

6b, 7

Medium

Horizontal branching

15-25'

15-20'

Slow

Deciduous

Specimen or small grove

Crataegus phaenopyrum Washington hawthorne

6b, 7

Medium

Upright to rounded

25-30'

15-20'

Medium

Deciduous

Red berries in fall

Ilex x 'Nellie R. Stevens' Nellie R. Stevens holly

Entire state

Medium to coarse

Upright

10-20'

8-10'

Medium to fast

Broad-leaved evergreen

Specimen, screening

Ilex x attenuata hybrid holly

Entire state

Medium to coarse

Upright pyramidal

10-40'

6-15'

Medium

Broad-leaved evergeen

Specimen, screening; red berries

Cultivars  include

Cultivar

 

Remarks

 

 

 

 

 

 

'East palatka'

 

Leaves single spined

 

 

 

 

 

 

'Fosteri'

 

Very pyramidal and dense

 

 

 

 

 

 

'Savannah'

 

Light green foliage.

 

 

 

 

 

Ilex cassine cassine holly *

7, 8

Medium

Pyramidal

10-20'

8-10'

Medium

Broad-leaved evergreen

Screening

Ilex opaca American holly *

Entire state

Coarse

Pyramidal

20-50'

15-30'

Medium

Broad-leaved evergreen

Dark green foliage; specimen, screening

Ilex opaca 'greenleaf' greenleaf holly

Entire state

Coarse

Pyramidal upright

20-30'

10-15'

Medium

Broad-leaved evergreen

Compact habit of growth

Ilex vomitoria yaupon holly *

7, 8

Fine

Irregular

15-20'

8-10'

Fast

Broad-leaved evergreen

Screening with bright red fruit

Ilex vomitoria weeping yaupon holly *

7, 8

Fine

Weeping

15-20'

8-10'

Medium to fast

Broad-leaved evergreen

Distinctive weeping habit

Juniperus virginiana red cedar *

Entire state

Medium

Pyramidal

25-40'

15-20'

Slow

Evergreen conifer

Screen

Koelreuteria bipinnata Chinese flametree

7, 8

Medium

Upright

20-30'

15-20'

Fast

Deciduous

Yellow flowers followed by pink pods

Koelreuteria paniculata goldenrain tree

6b, 8a

Fine

Rounded

20-30'

10-15'

Medium

Deciduous

Yellow flowers in early summer

Lagerstroemia indica common crapemyrtle

Entire state

Fine

Upright

6-30'

4-15'

Medium to fast

Deciduous

White, pink, lavender or red flowers

Lagerstroemia indica x l. Fauriei hybrid crapemyrtle

Entire state

Fine

Upright

15-30'

10-15'

Fast

Deciduous

White, pink, lavender or red flowers; hybrids have mildew resistance and bloom longer

Magnolia grandiflora 'little gem' little gem southern magnolia

7, 8

Medium

Upright

15-20'

8-10'

Medium

Evergreen

Dark green evergreen foliage on compact plant

Magnolia soulangiana Japanese magnolia

Entire state

Coarse

Rounded

20-30'

15-20'

Medium

Deciduous

Pink saucer-like blooms

Magnolia stellata star magnolia

Entire state

Coarse

Rounded

12-20'

10-15'

Slow to medium

Deciduous

White flowers

Malus x 'dolgo' dolgo crabapple

6b, 7

Medium

Rounded

15-20'

10-15'

Medium

Deciduous

White flowers followed by red to purple fruits; disease resistant

Malus floribunda Japanese crabapple

6b, 7

Medium

Rounded

15-20'

15-20'

Medium

Deciduous

Pinkish-red flowers fading to white; fruit yellow, red; mostly disease resistant

Malus callaway crabapple

6b, 7

Medium

Rounded

15-20'

15-20'

Medium

Deciduous

White flowers, red fruit

Oxydendrum arboreum sourwood *

Entire state

Medium to coarse

Upright

25-30'

15-20'

Medium

Deciduous

Red fall color

Pinus virginiana Virginia pine *

6b, 7

Medium

Pyramidal

20-40'

15-20'

Medium

Evergreen conifer

Good for screening

Pistacia chinensis Chinese pistache

Entire state

Fine

Rounded

30-40'

20-30'

Fast

Deciduous

Yellow to bright orange-red fall color; hardy and heat tolerant

Prunus x 'okame' okame cherry

Entire state

Medium

Upright

20-30'

15-20'

Fast

Deciduous

Early spring rosy pink blooms

Prunus caroliniana carolina cherrylaurel *

7, 8

Medium

Oval

20-30'

15-20'

Fast

Broad-leaved evergreen

Susceptible to ice damage

Prunus cerasifera 'thundercloud' purpleleaf plum

Entire state

Medium

Upright

20-30'

15-20'

Medium

Deciduous

Purplish foliage

Prunus mume Japanese apricot

Entire state

Medium

Irregular

15-20'

10-15'

Slow

Deciduous

Blooms very early in spring

Prunus serralata 'kwanzan' kwanzan cherry

6, 7

Medium

Rounded

20-30'

15-20'

Medium

Deciduous

Deep pink double blooms

Prunus subhirtella var. Autumnalis fall blooming cherry

6b, 7

Medium

Spreading

20-30'

15-25'

Medium

Deciduous

Specimen

Prunus x yedoensis yoshino cherry

6b, 8a

Medium

Weeping

30-40'

15-20'

Medium

Deciduous

Specimen

Quercus myrsinifolia Chinese evergreen oak

7, 8

Medium

Oval

30-40'

20-30'

Slow

Broad-leaved evergreen

Screen, specimen or small street tree

Salix babylonica weeping willow

Entire state

Fine

Weeping

30-40'

25-35'

Fast

Deciduous

Specimen

Salix matsudana 'tortuosa' contorted willow

Entire state

Fine

Weeping

20-30'

10-15'

Medium to fast

Deciduous

Short-lived

Vitex agnus-castus chastetree

Entire state

Fine

Vase-shaped

10-15'

10-15'

Fast

Deciduous

Blue flowers in summer

 

(Ord. No. 2014-07-07, 8-26-2014; Ord. No. 2015-02-01, § 1, 2-10-2015; Ord. No. 2015-08-01, 8-25-2015)

 

Secs. 14-53-14-77. - Reserved.

 

ARTICLE IV. - STORMWATER MANAGEMENT

 

Sec. 14-78. - Joint and cooperative action required.

(a)              The city council believes the city's stream systems are a valuable natural resource that requires joint and cooperative action by the city and the development industry to resolve existing stormwater management and flooding problems, prevention of their worsening or recurrence while utilizing this resource for the good of the entire city.

(b)              The development industry and the city shall cooperate to control water quality and maintain the city's drainage and stream systems from stormwater runoff resulting from development activities.

(Ord. No. 2014-12-05, § 2(14-40), 12-16-2014)

 

Sec. 14-79. - Standards.

(a)              The city shall require all land development to comply with the criteria, technical specifications, and standards of the Georgia Stormwater Management Manual, as may be hereafter amended. The rainfall intensities used in hydrologic and hydraulic computations shall be those published in the Georgia Stormwater Management Manual.

(b)              Applicability. A combination of storage and controlled release of stormwater runoff shall be required for all development and construction for the entire site which meets one or more of the following criteria:

(1)              Increases the peak rate of runoff from the site by more than one cubic foot per second for a ten-year frequency storm;

(2)              Involves the creation of 5,000 square feet or more of impervious cover, or that involves other land development activities of one acre or more;

(3)              Includes the creation, addition or replacement in redevelopment of 5,000 square feet or more of impervious cover, or that involves other land development activity of one acre or more;

(4)              Any new development or redevelopment, regardless of size, that meets the definition of a stormwater hotspot; or

(5)              Land development activities that are smaller than the minimum applicability criteria set forth in subsection (b)1 and 2 of this section if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

(6)              Land development activities within individual single family lots that are not part of a larger common plan of development that also includes stormwater management facilities for the larger common plan of development, and that involve the creation, addition, or replacement of at least 3,000 square feet of impervious cover, shall provide storage and controlled release of runoff volume equivalent to the "water quality volume" for the site as defined in the Georgia Stormwater Management Manual.

(c)              Exemptions. The provisions of this article shall not apply to the following criteria:

(1)              Individual single-family or duplex residential lots that are not part of a subdivision or phased development project unless they meet one of the criteria listed in subsection (b) of this section;

(2)              Additions or modifications to existing single-family or duplex residential structures unless it meets one of the criteria listed in subsection (b) of this section;

(3)              Agricultural or silvicultural land management activities within areas zoned for these activities;

(4)              Repairs to any stormwater management facility or practice deemed necessary by the community development director;

(5)              The community development director may exempt the owner from those provisions of this article where complete compliance with those specific provisions is physically impossible;

(6)              If the installation of a stormwater management facility would reduce downstream flood peaks by less than one percent;

(7)              The requirements, or portions thereof, of subsections (b) and (c) of this section shall not be waived if the community development director determines that such waiver would increase known flooding problems, or exceed the capacity of the downstream drainage system;

(8)              A waiver of these minimum runoff quantity control requirements may be granted only after a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed land disturbing activity. A separate written waiver request shall be required if there are subsequent additions, extensions, or modifications, to the development which would alter the approved stormwater runoff characteristics of a land disturbing activity receiving a waiver; and

(9)              Appeals from the waiver decisions may be taken to the zoning board of appeals pursuant to the provisions of section 14-26(c).

(d)              If 40 percent of a site is to be redeveloped, all stormwater requirements must be met for the redeveloped area only and the non-disturbed area will be treated as predeveloped prior to the redevelopment. But if more than 40 percent of the site is to be redeveloped, then the entire site must meet all stormwater requirements.

(e)              A downstream peak flow analysis will include the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is ten percent of the total basin area. In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes. The analysis shall be in accordance with the Georgia Stormwater Management Manual.

(f)              Detention designs may be rejected by the community development director if they incorporate structures and facilities that will demand considerable maintenance or will be difficult to maintain or will utilize numerous small structures if other alternatives are physically possible.

(g)              Discharge velocities from detention facilities shall be reduced to provide a non-erosive velocity flow from a structure, channel, or other control measure as set forth in the approved state stormwater management manual.

(h)              Stormwater management and flood control facilities may include both structural and nonstructural components. Natural or planted vegetation as well as other natural runoff conduits are examples of these non-structural components and shall be retained where practicable. In addition, these components must provide for or enhance stormwater quantity or quality control or other stormwater benefits.

(i)              The drainage system being developed shall have adequate capacity to accommodate the flow from all upstream areas for a 100-year storm event.

(j)              The drainage system from a proposed development must discharge into an outfall that has adequate capacity to accommodate the runoff from the development. If the connecting downstream system is not able to accommodate the allowable design flows from the site, then the design engineer must design drainage facilities with the capacity to over-detain flows so they can be accommodated by the existing downstream conveyance structures whereby allowing the existing downstream system to operate correctly. If downstream easements are needed to extend the drainage system to an adequate outfall, the developer shall obtain these easements.

(k)              A landscaping plan shall be submitted for all detention and other storage facilities as part of the overall drainage plan.

(l)              Land uses within the intermediate regional floodplain shall not diminish or restrict the capacity of the channels or floodplains of the stream, its tributaries, drainage ditches or any other stormwater management facilities or systems and shall not increase the IRF elevation or velocity or concentration of flow in downstream areas. The development permit shall be denied if the required hydrologic studies reveal that a request for filling or grading within the intermediate regional floodplain would overload the capacity of the channel downstream or increase flood stages upstream, unless equivalent flow and storage capacity is replaced and maintained by the owner within the intermediate regional floodplain. Altered sections of the intermediate regional floodplain shall have a positive slope so as to provide positive drainage back to the stream flow line and this section must be maintained by the owners in perpetuity so as to prevent or remove silt buildup.

(m)              Excavation within floodplain areas shall not be permitted unless the excavation can be accomplished in such a manner that the existing low level drainage pattern through the floodplain shall be maintained. The area of compensation within the floodplain shall be considered as ineffective flow area for the purpose of calculating floodplain elevations to meet no-rise certification requirements. The amount of compensation shall be limited to 300 cubic yards per acre of floodplain area.

(n)              The live detention storage to be provided shall be calculated on the basis of the 100-year frequency rainfall as published in the Georgia Stormwater Management Manual. The detention system required shall be necessary to handle the runoff of a 100-year rainfall, for any and all durations from the post-development, with a release rate that does not exceed the pre-development release rate during the same duration storm. Detention control structures and other drainage improvements shall be located and designed to prevent erosion damage to adjacent property owners.

(o)              When the applicant requests and the community development director determines that development and construction projects are too small, or that engineering and economic factors make combined detention or other stormwater management facilities more practical, the city may authorize the joint construction of these facilities to serve two or more properties by two or more applicants. This authorization shall be granted by the zoning board of appeals upon application for approval being submitted through the community development director. Where joint detention facilities serving two or more properties are approved for construction, no use of land or occupancy of buildings within the properties served by these facilities shall be permitted until completion of the detention facility, except upon approval of the zoning board of appeals.

(Ord. No. 2014-12-05, § 2(14-40), 12-16-2014; Ord. No. 2016-03-02, § 1, 3-22-2016  <http://newords.municode.com/readordinance.aspx?ordinanceid=763740&datasource=ordbank>)

 

Sec. 14-80. - Installation, development and maintenance of control facilities.

The following requirements shall apply to the installation, development and maintenance of all stormwater and sedimentation control facilities designed for temporary storage of stormwater runoff:

(1)              Permanent fencing at least four feet in height shall be required around all facilities having a temporary water storage depth of greater than four feet or those designated by the board of health as constituting a public health hazard.

(2)              This fencing shall be designed, installed and maintained to allow the free flow of runoff and sediment into the facility. Fencing shall be established on the outside edge of a facility. The fence shall include a gate of sufficient size to permit entrance of equipment necessary to allow periodic maintenance activities. The gate shall be placed in a manner such that the gate does not obstruct reasonable access or become obstructive. The community development director may waive fencing in nonresidential areas where a pond is more than 500 feet from a residential district and in residential districts when detention is provided in natural areas such as stream channels and fencing in the opinion of the community development director would damage the environment or affect stream flow.

(3)              The access easement to the facility shall not have a profile slope steeper than 33 percent and a cross slope of no more than ten percent. The elevation of the maintenance easement around the facility shall be established at the top of the dam or wall elevation and be constructed with a cross slope of no more than ten percent to the drainage facility. Fencing that complies with the requirement of subsection (2) of this section shall be constructed on the outside edge of the maintenance easement. Gates that comply with the requirements of subsection (p)2 of this section shall be constructed on each maintenance easement.

(4)              Detention and sedimentation control facilities shall not be placed in any of the following:

a.              Transitional buffer zones as defined by chapter 27.

b.              Floodplains.

c.              Wetlands.

d.              Stream buffer zones.

e.              State buffer zones.

(5)              Perforated standpipes or a French drain, in accordance with published design standards available from the community development director, or other methods which will achieve equal performance to prevent standing water and inadequate drainage shall be installed within all the detention and sedimentation control facilities.

(6)              The commercial or multifamily residential property owner shall be responsible for the maintenance of the stormwater management facilities during grading, construction, and following final approval of the completed project. This maintenance and certification obligation shall be binding on all future owners, successors and assigns of the property.

(7)              In the case of single-family residential subdivisions approved after the date of adoption of this provision, and in accordance with the requirements of article III of this chapter, the city shall assume maintenance responsibility one year after the release of the performance bond for subdivision streets. A special drainage district as authorized by the Georgia Constitution, article IX, section II, paragraph VI is established for property in a single-family residential subdivision at the time the plat is finally recorded, and will be so noted on the plat. Upon completion of developer maintenance, all detention ponds shall have a positive slope to the outlet in order to facilitate complete drainage.

(8)              Stormwater management facilities in single-family residential subdivisions constructed under permits issued prior to the amendment of the city ordinance assigning maintenance responsibility will not be accepted for city maintenance unless individually approved by and at the discretion of the community development department and suitable access easements are provided. At the time the community development director accepts a detention facility for city maintenance, a special drainage district will be established that includes all properties for which the detention facility is designed to compensate for increased peak runoff rates due to development.

(Ord. No. 2014-12-05, § 2(14-40), 12-16-2014)

 

Sec. 14-81. - Residential district requirements; street elevation.

(a)              In residential districts, not less than 70 percent of the minimum lot area, as established by applicable zoning district development standards, shall be above the intermediate regional flood elevation contours with the exception that lots in the R-150 district shall conform to requirements of the R-100 district.

(b)              The profile elevation of the centerline of all public streets shall be constructed a minimum of one foot above the intermediate regional flood elevation contours. The community development director may grant exceptions to this provision in cases where construction of the street elevation is below the intermediate regional flood elevation and elevation contours would improve drainage or reduce the effects of flooding.

(Ord. No. 2014-12-05, § 2(14-40), 12-16-2014)

 

Sec. 14-82. - Special drainage system maintenance requirements.

Special drainage system maintenance requirements are as follows:

(1)              Pursuant to chapter 25, article VI, as amended, trash, garbage, construction materials, construction by-products or other debris shall not be deposited in any part of the drainage system.

(2)              No restriction or barriers, including fences, may be placed in the drainage system or intermediate regional floodplain without first obtaining a development permit. When on-site or off-site debris has accumulated within an intermediate regional floodplain in such a manner as to interfere with the free flow of water so as to increase the risk of hazardous inundation of upstream properties adjacent to the intermediate regional floodplain, the community development director shall require the owner of the property where this debris was generated, if its source can be identified, to clear and remove the debris so as to permit the free flow of water.

(3)              No impoundment of water which retains in excess of 0.5 acre (in feet) of runoff shall be removed without first obtaining a development permit, which shall only be issued after competent engineering studies provided by the applicant show that this removal will not adversely affect downstream properties.

(4)              No permanent structures or additions shall be constructed within the intermediate regional floodplain other than those non-building facilities required or authorized by the community development director which will not conflict with the hydrologic design characteristics of the approved development and construction plans. Land within the intermediate regional floodplain may be used to meet setback, yard, open space and buffer requirements in accordance with applicable provisions of chapter 27 and the buffer requirements of this chapter.

(Ord. No. 2014-12-05, § 2(14-40), 12-16-2014)

 

Secs. 14-83-14-107. - Reserved.

 

ARTICLE V. - WATER QUALITY CONTROL

 

Sec. 14-108. - Purpose and intent.

The purpose of this article is to control the water quality of storm runoff from all development and construction activities and all developed sites.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-109. - Standards.

(a)              New development and redevelopments in city shall be designed in accordance with recommendations of this article and the Georgia Stormwater Management Manual.

(b)              At a minimum, new projects shall include stormwater quality provisions and the BMPs necessary to accomplish each of the following:

(1)              Water quality BMPs must be installed on all developments to improve the water quality of the storm runoff from the development site. Stormwater management systems (which can include both structural stormwater controls and better site design practices) must be designed to remove 80 percent of the average annual post-development total suspended solids load. As a minimum, the runoff from the first 1.2 inches of rainfall must be treated. Acceptable BMPs for treating stormwater runoff are set forth in the Georgia Stormwater Management Manual.

(2)              BMPs shall be used to control discharges into the local drainage system of any organic or inorganic matter that cause or tend to cause pollution of such waters.

a.              Minimization of impervious areas within developments and minimization of impervious areas directly connected to the local drainage system is encouraged as a non-structural BMP for water quality and quantity control.

b.              A plan shall be provided to protect all existing wetland/floodplain areas within the development site.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-110. - Drainage plans.

(a)              The following performance criteria shall be used by the city in evaluating all drainage plans, unless otherwise provided for in this section:

(b)              Water quality. All stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:

a.              It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual;

b.              Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual; and

c.              Runoff from a stormwater hotspot and activities identified by city are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-111. - Stream channel protection.

Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three approaches:

(1)              Preservation, restoration or reforestation (with native vegetation) of the applicable stream buffer;

(2)              24-hour extended detention storage of the one-year, 24-hour return frequency storm event;

(3)              Erosion prevention measures such as energy dissipation and velocity control.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-112. - Overbank flooding protection.

Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the one-year, 24-hour storm is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-113. - Extreme flooding protection.

Extreme flood and public safety protection shall be provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-114. - Structural stormwater controls.

All structural stormwater management facilities shall be selected and designed using the appropriate criteria from the state stormwater management manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the state stormwater management manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the community development director before being included in the design of a stormwater management system.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-115. - Stormwater credits for nonstructural measures.

The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required. The applicant may, if approved by the community development director, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements that identify the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the state stormwater management manual.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Sec. 14-116. - Drainage system guidelines.

Stormwater conveyance facilities, which may include, but are not limited to, culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites or public rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements:

(1)              Methods to calculate stormwater flows shall be in accordance with the state stormwater management manual;

(2)              All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan using the methods included in the state stormwater management manual; and

(3)              Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the state stormwater management manual.

(Ord. No. 2014-12-05, § 2(14-42), 12-16-2014)

 

Sec. 14-117. - Groundwater recharge area.

Development within groundwater recharge areas, as delineated by the state department of natural resources' (DNR) Significant Recharge Areas, Hydrological Atlas 18 (1989 Edition) and the DNR's Pollution Susceptibility Map, shall meet the criteria for the protection of groundwater recharge areas established in chapter 391-3-16-.02 of the DNR's Rules for Environmental Planning Criteria.

(Ord. No. 2014-12-05, § 2(14-43), 12-16-2014)

 

Secs. 14-118-14-147. - Reserved.

 

ARTICLE VI. - STREAM BUFFER PROTECTION

 

Sec. 14-148. - Findings and purpose.

(a)              Findings. Whereas, the mayor and city council of city find that buffers and impervious setbacks adjacent to streams provide numerous benefits including:

(1)              Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources;

(2)              Removing pollutants delivered in urban stormwater;

(3)              Reducing erosion and controlling sedimentation;

(4)              Protecting and stabilizing stream channels and banks;

(5)              Providing for infiltration of stormwater runoff;

(6)              Maintaining base flow of streams;

(7)              Contributing organic matter that is a source of food and energy for the aquatic ecosystem;

(8)              Providing tree canopy to shade streams and promote desirable aquatic habitat;

(9)              Providing riparian wildlife habitat;

(10)              Furnishing scenic value and recreational opportunity; and

(11)              Providing opportunities for the protection and restoration of green space.

(b)              Purpose. It is the purpose of this article to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

(1)              Create buffer zones and impervious setbacks along the streams of the city for the protection of water resources; and

(2)              Minimize land development within such buffers and land disturbance within such impervious setbacks by establishing buffer and setback zone requirements and by requiring authorization for any such activities.

(Ord. No. 2014-01-05, att.(14-44.2), 3-25-2014)

 

Sec. 14-149. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Buffer means the area defined in section 14-153(a)(1).

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 groundwater table year-round; for which groundwater is not a source of water; and for which temporary runoff from precipitation is the primary source of water flow.

Floodplain means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan (i.e., the regulatory flood).

Impervious cover means those areas, which prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to land development. Impervious cover includes, but is not limited to, rooftops, buildings, parking lots, driveways, streets, roads, decks (other than elevated slatted decks), swimming pools, patio areas, paved storage areas, compacted gravel areas, awnings and any concrete or asphalt areas.

Impervious setback means the setback area defined in section 14-153(a)(2).

Land development means any land change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land in connection with the construction, paving and any installation of impervious cover.

Land development activity means those actions or activities which comprise, facilitate or result in land development.

Land disturbance means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.

Land disturbance activity means those actions or activities which comprise, facilitate or result in land disturbance.

Parcel means any plot, lot, parcel, tract or acreage shown as a unit on either the latest county tax assessment records or other area of land legally established by plat or subdivision.

Permit means the permit issued by the city required for undertaking any land development or land disturbance activity.

Protection area or stream protection area means, with respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.

Setback means, with respect to a stream, the area established by section 14-153(a)(2) extending beyond any buffer applicable to the stream.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon a parcel. Ephemeral streams are not considered state waters for the purpose of this article.

Stream means any natural, running water flowing continuously or intermittently in a channel on or below the surface of the ground, except that an ephemeral stream is not a stream.

Stream channel means the confining cut of ground surface that contains the base flow of a stream and is identified at a point where the water flow has wrested the vegetation.

Unusual circumstances means:

(1)