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HomeMy WebLinkAboutORDINANCE NO 10-06-66STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 10-06-66 AN ORDINANCE TO AMEND CHAPTER 20, ARTICLE VI. SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 21, 2010 at 6:00 p.m. as follows: SECTION 1. That the Ordinan ce relating to Amending Chapter 20, Article VI. of the Milton City Code, as it relates to Soil Erosion, Sedimentation and Pollution Control, is hereby adopted and approved, replacing existing Chapter 20, Article VI in its entirety; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. am% ORDAINED this the 21 st day of June, 2010. t Joe Lockwo , yor Attest: Sudie Gordon, Interim City Clerk ....I CHAPTER- 20 ENVIRONMENT State law reference—Conservation and natural resources, O.C.G.A. § 12-1-1 et seq.; water 00.0 resources, O.C.G.A. § 12-5-1 et seq.; control of soil erosion and sedimentation, O.C.G.A. § 12-7-1 et seq.; control of water pollution and surface water use, O.C.G.A. § 12-5-20. Article VI. Soil Erosion, sedimentation and pollution control - DIVISION 1. GENERALLY Sec. 20-490. - 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: 100 -year floodplain means land in the floodplain subject to a one percent or greater statistical occurrence probability of flooding in any given year. Best management practices (BMPs) means sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Commission as of January 1 of the year in which the land -disturbing activity was permitted. UN -4 Board means the Georgia Board of Natural Resources. Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation that facilitates the protection of water quality and aquatic habitat. Certified Personnel means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. Commission means the Georgia Soil and Water Conservation Commission (GSWCC). Construction Board of Appeals means the board appointed by the city council that hears appeals of stop work orders. CPESC means Certified Professional in Erosion and Sediment control with current certification by Certified Professional in Erosion and Sediment Control Inc., a corporation registered in North Carolina which is also referred to as CPESC or CPESC, Inc. Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation (the depth below the original ground surface to the excavated surface also known as excavation). Department means the Georgia Department of Natural Resources (DNR). Design Professional means a professional licensed by the State of Georgia 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 iw+ certification by Certified Professional in Erosion and Sediment Control Inc. Director means -the director of the Environmental Protection Division or his or her designee. Director DPW means the director of the department of public works or his or her designee. District means the Fulton County Soil and Water Conservation District. Division means the Environmental Protection Division (EPD) of the Department of Natural Resources. 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. Erosion means the process by which land surface is worn away by the action of wind, water, ice or gravity. Erosion, sedimentation and pollution control plan means a plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least as stringent as the State General Permit, best management practices, and requirements in section 20-567 and 568 of this article. Erosion and sedimentation control manual means a field manual produced by the Georgia Soil and Water Conservation Commission that illustrates vegetative and structural best ,.„., management practices (BM Ps), and their use for land disturbing activities. Fill means a portion of land surface to which soil or other solid material has been added; " the depth above the original ground surface or an excavation. Final Stabilization means 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% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent 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. Grading means altering the shape of ground surfaces. The term "grading" includes: (1) Stripping; (2) Cutting; (3) Filling; (4) Stockpiling; (5) f0b.W Shaping or any combination thereof; and (6) The land in its cut or filled condition. filling. Ground elevation means the original elevation of the ground surface prior to cutting or 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; (1) The term 'land disturbing activity" includes, but is not limited to: a. Clearing, dredging or grading; and b. Excavating, transporting or the filling of land. (2) The term 'land disturbing activity" does not include agricultural practices as described in section 20- 493(5). 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 purpose of this definition, the term "plan" means: (1) An announcement; (2) Piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or (3) Physical demarcation such as boundary signs, lot stakes, or survey marking, indicating that construction activities will occur on a specific plot. Local issuing authority means the governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a). Metropolitan River Protection Act (MRPA) means a state law referenced as 0.C.G.A. § 12- 5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Natural ground surface means the ground surface in its original state before any grading, excavation or filling. Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a owl" substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. „w"k NOI means a Notice of Intent form provided by EPD for coverage under the State General Permit. NOT means a Notice of Termination form provided by EPD to terminate coverage under the State General Permit. Notice to comply means enforcement action based on noncompliance through failure to either properly install or maintain BMPs, where sediments remain within the boundaries of the property. This enforcement action provides the violator five days to achieve compliance. Official notice means a posting of a notice to comply or stop work order on a property that is noncompliant or in violation. 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 there 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 storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. Permit means the authorization necessary to conduct a land disturbing activity under the provisions of this article. 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 the State of Georgia, any interstate body or any other legal entity. Phase or Phased means sub -parts or segments of construction projects where the sub -part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. 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. Reinspection fee means a fee assessed to the developer/owner/operator or responsible party for reinspecting the project if requested by the developer/owner/operator or responsible party prior to the end of the compliance period; provided that upon that reinspection the project remains out of compliance. Roadway drainage structure means a device such as a bridge, catch basin, 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 (public or private) consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. "ft..W 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. Soil and water conservation district approved plan means an erosion and sedimentation control plan approved in writing by the Fulton County Soil and Water Conservation District. Stabilization means the process of establishing an enduring soil cover by the installation of temporary or permanent structures or vegetation 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 (NPDES) general permit for stormwater ri noff 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, 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, ditches, 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. site. Stop work order means enforcement action that ceases all work on-site or a portion of the Structural erosion and sedimentation control measures means practices for the stabilizing 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 sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways, outlets, diversions, grade stabilization structures, sediment traps, and sediment barriers, and land grading. Such practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia." Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, et seq., in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Vegetative erosion and sedimentation control measures means measures for the stabilization of erodible or sediment -producing areas by covering the soil with: (1) Permanent seeding, sprigging, or planting, producing long-term vegetative cover; (2) VW-" Temporary seeding, producing short-term vegetative cover; or (3) +.Ww 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. Wetlands means those areas that are inundated or saturated by surface water or groundwater 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" includes: (1) Swamps; (2) Marshes; (3) Bogs; and Similar areas. +rww (Ord. No. 08-12-72, § 1(ch. 14, art. 7, §3),12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, §3).,11-17-2008) State law reference—Similar provisions, O.C.G.A. § 12-7-3. Sec. 20-491. - Authority and title. This article is adopted pursuant to the authority and mandate of the Georgia Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended. Certification by EPD authorizes the city as a local issuing authority. As a local issuing authority, the city is certified to provide and maintain an erosion control program which includes, but is not limited to, development plan review, permitting and erosion control enforcement. This article will be known as "The Milton Soil Erosion, and Sedimentation and Pollution Control Ordinance of 2006." (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 1), 12-7-2008; Ord. No. 08-11-29, § 1(ch. 14, arf. 7, § 1), 11-17-2008) 0000 1 Sec. 20-492. - Intent. err It is the intent of this article to establish soil erosion, and sedimentation and pollution control minimum requirements, standards, and enforcement procedures for land disturbance activities in order to conserve and protect the environment, public health, and the general welfare of the city's citizens. afts"N (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 2), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 2), 11-17-2008) Sec. 20-493. - Exemptions. This article shall apply to any land disturbing activity undertaken by any person on any land except for the following: (1) Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968". (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences and other related activities which result in minor soil erosion; (4) The construction of single-family residences when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or Mm" 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 O.C.G.A. 12-7-6 and this subsection and division 3 of this article. For single-family residence construction covered by provisions of this subsection, 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 (O.C.G.A. § 12-5-20 et seq.). In any such buffer, 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 following trout waters: a. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted; b. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the EPD director may grant variances to no less than 25 feet; C. 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 smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. 12-7-6, division 3 of this article and the buffer zones provided by this section shall be enforced by the issuing authority; (5) Agricultural operations, as defined in O.C.G.A. § 1-3-3, "definitions" include: a. The raising, harvesting, or storing of products of the field or orchard; b. Feeding, breeding, or managing livestock or poultry; #Am Y C. Producing or storing feed for use in the production of livestock including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits; d. The production of poultry including, but not limited to, chickens, hens and turkeys; e. Producing plants, trees, fowl, or animals; f. The production of aquaculture, horticultural, dairy, livestock, poultry, eggs, and apiarian products; and farm buildings and farm ponds; (6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land disturbing or other activities otherwise prohibited in a buffer, as established in section 20-568(a)(16) and (17), 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; (7) Any project carried out under the technical supervision of the Natural Resource Conservation Service of the United States Department of Agriculture; (8) Any project involving disturbance of ene tenth acre 5000 sf or less; provided, however, that this MOOM exemption shall not apply to any land disturbing activity within a larger common plan of development or sale with a planned disturbance equal to or greater than one acre or within 200 feet of the bank of any ftm state waters, and for purposes of this subsection, state waters exclude 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 one tenth aGFe 5000 sf or less, which involves land disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by subsection (1) through (7), (9), (10) or 44-} of this section; (9) Construction or maintenance projects, or both, undertaken or financed, in whole or in part, or both, by the department of transportation, the Georgia Highway Authority, or the state road and tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of transportation or state road and tollway authority which disturb one or more contiguous acres of land shall be subject to the provisions of O.C.G.A. § 12-7-7.1; except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of 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 City of Milton. The City of Milton shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6, and division 3 of this article as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders (10) mo* 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 saw 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 00 -ft in the generation, transmission, or distribution of power, except where an electric membership corporation or municipal electric 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, +•w•• 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 city shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12- 7-6 and division 3 of this article as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders; and (11) Any public water system reservoir. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 4), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 4), 11-17-2008) State law reference—Exemptions, O.C.G.A. § 12-7-17. Secs. 20-494-20-512. - Reserved. - DIVISION 2. -INSPECTION AND ENFORCEMENT Subdivision 1- In General law Sec. 20-513. - Authority. (a) Community development director. The community development director or designee 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 approved plan, permit and this article and to determine if the measures required in the plan are effective in controlling soil erosion and sedimentation. (b) Primary, and secondary and tertiary permittees regulated. The city shall regulate both primary, secondary and tertiary permittees as such terms are defined in the state general permit. (1) Primary permittees shall be responsible for the installation and maintenance of best management practices where the primary permittee is conducting land disturbing activities. (2) Secondary permittees shall be responsible for the installation and maintenance of best management practices where the secondary permittee is conducting land disturbing activities. (3) Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is .�. conducting land -disturbing activities. am (c) i Notice; contents. 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 article, a written notice to comply shall be served upon that person, except for working without a permit, disturbing a stream buffer, allowing sediment to enter state waters by failure to properly design, install or maintain best management practices, or working under a stop work order, which conditions warrant immediate citation. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. (d) Noncompliance. If the person engaged in the land disturbing activity fails to comply with the corrective measures specified in the official notice within the time specified, he or she shall be deemed in violation of this article, and the community development director may take such additional enforcement actions as he or she deems appropriate. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(a)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(a)), 11-17-2008) Sec. 20-514. - Authority to investigate; right of entry. The community development director shall have the power to conduct such investigation as the community development director may deem reasonably necessary to carry out the duties prescribed in this article, and for this purpose shall have the power to enter at reasonable times upon any property, public or private, for the purposes of investigation and inspection of the sites of land disturbance or building activities. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7 § 10(b)), 11-17-2008) Sec. 20-515. - Unlawful to refuse entry or obstruct, hamper or interfere with inspection. No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the 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 or her official duties (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(c)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(c)), 11-17-2008) Sec. 20-516. - Display of plan on site required. A copy of a current approved plan shall be kept on site until project completion or issuance of certificate of occupancy. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art, 7, § 10(d)), 11-17-2008) I Sec. 20-517. - Periodic review by district or commission. *am The District or the Commission, or both, shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). (b) The District or the Commission, or both, may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the counties or municipality's erosion, sedimentation and pollution control program. (c) The District or the Commission shall notify the Division and request an investigation by the Division if any deficient or ineffective legal program is found. (d) The local Issuing Authority must amend its ordinances to the extent appropriate within (12) months of any amendments to the Erosion and Sediment Act of 1975. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(e)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(e)), 11-17-2008) ISec. 20-518. - Divisional review for compliance with state regulations. (a) The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). (b) Such review may include, but not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. (c) If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. (e) If the county or municipality does not take the necessary corrective action within 90 days after notification by the division, the division may revoke the certification of the county or municipality as a local issuing authority. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 10(t)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 10(1)), 11-17-2008) F"M Secs. 20-519-20-537. - Reserved. i m" Subdivision 2- Penalties and Incentives M.•• Sec. 20-538. - Failure to obtain a permit for land -disturbing activity; citation. If any person commences any land disturbing activity requiring a land disturbing permit, as prescribed in this article, without first obtaining said permit, the person shall be subject to the revocation of his or her business license, work permit, or other authorization to conduct any business and associated work activities within the city's jurisdictional boundaries. The failure to comply may result in a citation being issued to appear in municipal court which may result in monetary fines. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(a)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(a)), 11-17-2008) Sec. 20-539. - Stop work orders; notice to comply. First and second violations; notice. For the first and second violations of the provisions of this article, the community development director or designee shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the community development director or designee shall issue a stop work order requiring the landdisturbance activity to be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land disturbing activities are conducted without obtaining the necessary permit, the community development director or Mon" designee shall issue an immediate stop work order in lieu of a warning. (Three or more violations. For the third and each subsequent violation, the community development director or designee shall issue an immediate stop work order. Stop work orders remain in effect until violation cured. All stop work orders shall be in effect immediately upon issuance and shall remain in effect until the necessary corrective action or mitigation has occurred. Posted notices; removal prohibited. It shall be unlawful for any representative of the owner to remove an official notice to comply or stop work posting. Upon the issuance of a stop work order, the community development director or his or her representative shall post official notices at such locations on the project site as deemed appropriate. Such posted official notices shall be prominently displayed on the owner's property until the stop work order is rescinded by the community development director or designee, at which time said posted notices will be removed by the community development director or designee or his or her representative. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the community development director or his or her designee, 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 wow meager community development director or his or her designee. as" (4) All such stop work orders shall be effective immediately upon issuance and shall be in effect until the Pa." necessary corrective action or mitigation has occurred. rr.. (5) 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 and pollution controls. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(b)), 11-17-2008) Sec. 20-540. - Reinspection fee. The community development director shall assess a minimum $50.00 reinspection fee to a project if a reinspection is requested prior to the end of a compliance period and the site is found to remain out of compliance upon that inspection. Such fees to cover administrative, field inspections, and transportation costs must be satisfied prior to the issuance of a final erosion inspection or a certificate of occupancy. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(c)), 12-7-2006; Ord, No. 08-11-29, § 1(ch. 14, art. 7, § 11(c)), 11-17-2008) ISec. 20-541. - Bond forfeiture. Posting, notice; contents. If, through inspection, it is determined that a person engaged in land disturbing r..s activities has failed to comply with the approved plan and permit, written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. (b) Failure to comply. If the person engaged in the land disturbing activity fails to comply within the time specified, he or she shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his or her performance bond, if required to post one under the provisions of section 20-591(g). The city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 11(d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(d)), 11-17-2008) Sec. 20-543. - Monetary penalties. (a) Any person who violates any provision of this article, or any permit condition or limitation established pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or emergency order of the City director of Community Development issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day for each violation. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in the City Charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of city ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under City ordinance approved under this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which a violation or failure or refusal to comply continues shall be a separate violation. (b) Upon violation of the provisions of this article, the city shall be entitled to take such remedial action as the community development director deems necessary to ensure compliance, and the violator shall reimburse the city for any cost or expense associated with such compliance efforts and the city shall be entitled to place a lien on the property to secure payment and reimbursement for these expenses. (c) The city community development director has the primary responsibility for the enforcement of this article. (d) Persons designated by the community development director are hereby authorized to issue official notices, citations, and summons charging violations under this article, returnable to the state or city municipal court, or any other court of competent jurisdiction. (Ord. No. 06-12-72, § 1(ch. 14, art 7, § 11(o), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 11(o), 11-17-2008) ISec. 20-544. - Education and certification. (a) Persons involved in land development design, review, permitting, construction, monitoring, or inspection P••• or 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 responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land -disturbing activities are conducted on that site. A project site shall herein be defined as any land -disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. (c) Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this article. (d) If a state general permittee who has operational control of land -disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-19, then any person or entity involved in land -disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (Ord. No. 06-12-72, § 1(ch. 14, art 7, § 12), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 12), 11-17-2008) Sec. 20-545. - Appeals. (a) Construction Board of Appeals; hearing. 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 sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any provision of this article shall entitle the person submitting the plan or holding the permit to a hearing before the city construction board of appeals within 45 days after receipt by the City director of Community Development of written request for appeal. (b) Fulton County Superior Court. Any person aggrieved by a decision or order of the city, after exhausting his or her administrative remedies, shall have the right to appeal de novo to the Superior Court of Fulton County. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 13), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 13), 11-17-2008) Sec. 20-546. - Liability. (a) Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article, shall relieve any person from responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the city, the district or their officers, employees or agents 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 article or the terms of the permit. (c) No provision of this article shall permit any person 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 state waters as defined thereby. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 14(c)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 14(c)), 11-17-2008) Secs. 20-547-20-565. - Reserved. - DIVISION 3. -MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES (BMP) moon Sec. 20-566. - General provisions. ftm (a) Excessive soil erosion and resulting sedimentation can take place during land disturbing activities if the requirements of the article and the NPDES General Permit are not met. Therefore, plans for those land disturbing activities which are not exempted by this article shall contain provisions for an application of soil erosion, apd sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, aPA sedimentation and pollution control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of sections 20-567 and 20-568. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion sedimentation and pollution during all stages of any land disturbing activity in accordance with requirements of this article and the NPDES General Permit. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(a)), 12-7-2006; Ord. No. 08-11-28, § 1(cn. 14, art. 7, § 5(a)), 11-17-2008) Sec. 20-567. - Minimum requirements (BMP). Properly designed defined. Best management practices as set forth in this section and section 20-568 shall be required for all land disturbing activities. Proper design, installation, and maintenance of BMPs shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with subsection (b) 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) of 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). Violations. Each discharge of stormwater runoff from disturbed areas where BMPs have not been properly designed, installed, and maintained shall constitute a separate violation of any land disturbing permit issued by the City of Milton 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 and 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 issued by the Director. 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. Failure to properly design, install, or maintain BMPs shall constitute a violation of any land disturbing permit issued by the City of Milton 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. Now The Director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. (e) The City of Milton may set more stringent buffer requirements than stated in section 20-568 (a), (16) and (17) in light of O.C.G. A. 12-7-6 (c). (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(b)), i1-17-2008) Sec. 20-668. - To comply with state general permit. The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et. Seq. for the purpose of governing land disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices (BMPs), including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia, published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land disturbing activity was permitted, as well as the following: P1 oper erosion control measures must be installed along site boundaries prior to the stripping of vegetation, re -grading, and other development activities as deemed by the community development director to minimize erosion. (2) am-" Cut -fill operations must be kept to a minimum. Development plans must conform to the topography and soil type so as to minimize erosion potential. Whenever feasible, natural vegetation shall be retained, protected and supplemented. The disturbed area and duration of exposure to erosive elements shall be kept to a practicable minimum. (6) Disturbed soil shall be stabilized as quickly as practicable. Temporary vegetation or mulching shall be employed to protect all exposed areas during development. Permanent vegetation and structural erosion control measures shall be installed as soon as practicable. Sediment in runoff water must be trapped by the use of debris basins, sediment basins, sediment barriers, construction exits or similar BMPs as outlined in the erosion and sediment control manual until the disturbed area is stabilized. As used in this subsection (a), a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this section and O.C.G.A. § 12- 7-1 et seq. (10) low Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills. Cuts and fills must not endanger adjoining properties. &A.M (11) Sound engineering practices or methods shall be employed to protect (i.e. cuts and fills may not endanger) adjoining properties. (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners. (13) Migrated soil materials or soil materials displaced by mechanical means from land disturbing sites to adjacent watercourses, such as lakes, ponds, streams and creeks etc. must be remediated The remedial work shall be conducted as per a remedial plan approved by the City of Milton. (14) Grading equipment must cross flowing streams by means of temporary or permanent bridges or culverts except when such methods are not feasible; provided, in any case, that such crossings are kept to a minimum. (15) Land disturbing activity plans for erosion sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in section 20- 567(b). (16) Except as provided in subsection (a)(17) of this section, there is established a 25 -foot 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 determines to allow a variance that is at least as protective of natural resources and the environment where otherwise allowed by the Director, pursuant to O.C.G.A. § 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 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 ground -water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, unless exempted as along on ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer. a. No land disturbance 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, except as otherwise provided by this subsection. b. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim underbrush in a buffer at any time as long as on" 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 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: 1. Stream crossings for water lines; or 2. Stream crossings for sewer lines. (17) There is established a 50 -foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, of " the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average 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 Board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to 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; a. No land disturbance 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 rr owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetation cover remains to protect water quality and aquatic habitat and natural canopy is left in sufficient quality to keep shade on the stream bed; and b. The buffer shall not apply to the following land -disturbing activities; provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: Stream crossings for water lines; or (ii) Stream crossings for sewer lines. C. Nothing contained in O.C.G.A. 12-7-1 et. Seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in sections 20-567 and this section. (Ord. No. 06-12-72, § i(ch. 14, art. 7, § 5(c), (d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(c), (d)), 11-17-2008) rrs• Sec. 20-569. - No presumption of violation. r�rr 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 in this article or the terms of the permit. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(e)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(e)), 11-17-2008) Sec. 20-570. - Additional requirements. Where the Director or the City director of Community Development finds, through inspection, that property owners have been adversely affected due to violations clearly identified by the Director or the City director of Community Development, or that the approved current plans do not adequately address the features of the site, the Director or the City director of Community Development can require additional BMPs, drawings, and revisions to comply with the minimum requirements as outlined in this division. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 5(f)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 5(0), 11-17-2008) Secs. 20-571-20-589. - Reserved. - DIVISION 4. -APPLICATION/ PERMIT PROCESS 1".""I Sec. 20-590. - General provisions. (a) The property owner, developer, and designated planners and engineers shall design and review the general development plans before submittal: The city shall review the tract to be developed and the area surrounding it. The City shall consult the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention resolution, this article, and other ordinances which regulate the development of land within the jurisdictional boundaries of the city. However, the property owner and/or operator are the only parties who may obtain a permit. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 6(a)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(a)), 11-17-2008) I Sec. 20-591. - Application requirements. ,•., (a) Prior to any land disturbing activity, the property in question must be part of an approved and recorded legal lot of record (including, but not limited to, exemption plat, minor plat, or final plat). Additionally, no land disturbing activity, including grading, excavating, filling, and foundation work, shall be conducted within the city, until a land disturbance permit or a building permit (for those projects not requiring a land disturbance permit under this article) shall have been issued by the community development director allowing such activity, pursuant to the provisions herein provided. If a project is to be developed in phases, then a separate land disturbance permit or building permit is required for each phase not to exceed 25 -acre increments and the development sequence should be followed on all projects issued a land disturbance permit. (b) No person shall conduct any land disturbing activity within the city's jurisdictional boundaries without first obtaining a permit from the city community development department or its successor to perform such activity and provide acopy of Notice of Intent submitted to EPD if applicable. (c) All developments, construction, improvements, utilities, and demolitions that occur within the boundaries of the incorporated city limits that disturb more than 5,000 square feet of land shall be required to submit an application for a land disturbance permit. (d) 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, as a minimum, the data specified in section 20-592. Soil erosion sedimentation and pollution control plans, together with supporting data must demonstrate affirmatively that the land disturbing activity proposed shall conform to the provisions of this section and section 20-592. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's soil erosion, sedimentation and pollution control plans and a physical address of the property owner (post office box not acceptable). All applications shall contain a certification stating that the plan preparer or the MOMM designee thereof visited the site prior to the creation of the plan in accordance with EPD Rule 391-3-7-10. (e) A minimum fee, as set by the city council, shall be charged for each acre, or fraction thereof, of the project area. M In addition to the city's permitting fees, fees also will 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. 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. (g) The permit applicant shall be required to post a bond (surety) in the form of cash prior to issuing the permit. The bond amount shall be determined as established by the community development department, but not exceeding $3,000.00 per acre or fraction thereof of the proposed land disturbing activity. Surety bonds shall be: 1) on the bond form provided by the City; 2) properly executed by the permit applicant and surety; and 3) issued by a surety company determined to be: a) in good standing with the office of the Georgia Insurance and Fire Safety Commissioner; and b) listed in Circular 570 (Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable sureties on Federal bonds and as acceptable reinsuring companies. (1) If the applicant does not comply with this article or with the conditions of the permit after issuance, the city 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. im (2) own" If a permit applicant has had two or more outstanding violations of previous permits, this article, or the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, within three years prior to the date of filing of the application under consideration, the city may deny the permit application. If applicable, immediately upon receipt of an application and plan for a permit, the city shall refer the application and plan to the, district for its review and approval or disapproval concerning the adequacy of the erosion sedimentation and pollution control plan. The district shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. No permit will be issued unless the plan has been approved by the district, and any variances required by section 20-568 (a) (16) and (17), and bonding, if required as per subsection (g) of this section, have been obtained. Such review will not be required if the city and the district have entered into an agreement which allows the city to conduct such review and 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. (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 6(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(b)), 11-17-2008) Sec. 20-592. - Plan requirements. Plans must be prepared to meet the minimum requirements as contained in sections 20-567 and 20-568 of this article or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sedimentation Control in Georgia is fl" hereby incorporated by reference into this article. The plan for the land disturbing activity shall consider: (1) The interrelationship of the soil types; (2) Geological and hydrological characteristics; (3) Topography; (4) Watershed; (5) Vegetation; Proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities; and (7) Local ordinances and state laws. WO. (b) Data required for site plan. (1) on-" 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 r Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified design After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her 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. (Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(e)), 11-17-2008) Sec. 20-593. - Permits Permits shall be issued or denied as soon as practicable but, in any event, not later than 45 days after receipt by the city of a completed application; providing variances and bonding are obtained ,where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include any conditions under which the activity may be undertaken. No permit shall be issued by the city unless the erosion sedimentation and pollution control plan has been OW„ approved by the district or by the city, and unless the city has affirmatively determined that the plan is in compliance with this article, any variances required by section 20-568(a)(4-416) and (4517) are obtained, bonding requirements, if necessary, as per section 20-591(g), are met and all ordinances and rules and Now regulations in effect within the jurisdictional boundaries of the unincorporated city are met. If the permit is denied, the reason for denial shall be furnished to the applicant. If the tract is to be developed in phases, then a separate permit shall be required for each phase to include the development sequence. The permit may be suspended, revoked, or modified by the city, as to all or any portion of the land affected by the plan, upon finding that the holder or his or her successor in title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his or her successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him or her of the conditions contained in the permit as to all or any portion of the land affected by the approved plan. The city may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. 12-7-7 (f) (1). It shall constitute noncompliance with this article to engage in land disturbance activity involving clearing, grading, timber harvesting, or grubbing without a permit, which activity may immediately warrant citation. aww (Ord. No. 06-12-72, § 1(ch. 14, art. 7, § 6(d)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 6(d)), 11-17-2008) r- State law reference—Permits for land disturbing activities, O.C.G.A. §§ 12-7-7,12-7-9. Sec. 20-594. - City or county construction; compliance with article. All engineering and construction involving land disturbance performed by or on behalf of the city and under the direction of the public works department or any other city entity, whether such engineering or construction is being accomplished on existing and proposed public land or on public easement, shall comply with the requirements of this article and any other ordinances relating to land disturbance, as are applied to private persons and the division shall enforce such requirements upon the City. (Ord No. 06-12-72, § 1(ch. 14, art. 7, § 7), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 7), 11-17-2008) Secs. 20-595-20-613. - Reserved. Secs. 20-617-20-635. - Reserved. - DIVISION 5.- DESIGN PROFESSIONAL INSPECTION Sec. 20-636. - Required; exception. The design professional referenced in the state general permit (except when the primary permittee has requested in writing and EPD has agreed to an alternative design professional) must inspect the installation of BMPs which the design professional designed within seven days after the initial construction activities commenced. The design professional shall determine if these BMPs have been installed and are being maintained as designed. The design professional shall report the results of the inspection to the primary permittee within seven days and the primary permittee must correct all deficiencies within two business days of receipt of the inspection report from the design professional unless weather related site conditions are such that additional time is required. The community development director shall withhold the occupancy permit until full compliance has been achieved. (Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 9(a)), 11-17-2008) Sec. 20-637. - Additional reporting requirements. Applicants/owners/operators shall provide the community development director with a copy of any monitoring results submitted to EPD regarding the National Pollutant Discharge Elimination System (NPDES). Reports shall be in a format as prescribed by EPD. A copy of the notice of intent which has been sent to EPD in compliance with the permit requirements must be presented to the community development director prior to the issuance of any land -disturbance permit. (Ord. Na. 06-12-72, § 1(ch. 14, art, 7, § 9(b)), 12-7-2006; Ord. No. 08-11-29, § 1(ch. 14, art. 7, § 9(b)), 11-17-2008) l ..f. I Secs. 20-638-20-666. - Reserved.