HomeMy WebLinkAboutORD 18-01-333 - 01/08/2018 - Soil ErosionSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
AN ORDINANCE TO ADOPT THE SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, ARTICLE VI, CHAPTER 20 SOIL EROSION ORDINANCE WITHIN THE CITY OF
MILTON CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on January 8, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of the soil erosion ordinance, Article VI,
Chapter 20, is hereby adopted and approved; 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are repealed.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.
ORDAINED this the 8'" day of January, 2018.
Attest:
Sudie AM Gordon City Clerk
Joe Lockwood, Aayor
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
ARTICLE VI. - SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROLll
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.
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 EnviroCert, Inc., 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 certification by EnvirocCert Inc. Design Professionals shall practice
in a manner that complies with applicable Georgia law governing professional licensure.
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.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
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. ch. 12-7, that includes, as a minimum,
protections at least as stringent as the state general permit, best management practices,
and requirements in sections 20-567 and 20-568 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 (BMPs), 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: 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 landscaped according to the Plan
(uniformly covered with landscaping materials in planned landscape areas), or
equivalent permanent stabilization measures as defined in the Manual (excluding a
crop of annual vegetation and 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) Shaping or any combination thereof; and
(6) The land in its cut or filled condition.
Ground elevation means the original elevation of the ground surface prior to cutting
or filling.
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:
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STATE OF GEORGIA ORDINANCE NO. 18-01-333
COUNTY OF FULTON
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 subsection 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 O.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 substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
NO/ 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
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STATE OF GEORGIA ORDINANCE NO. 18-01-333
COUNTY OF FULTON
— 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.
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
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STATE OF GEORGIA ORDINANCE NO. 18-01-333
COUNTY OF FULTON
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 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, 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.
Stop work order means enforcement action that ceases all work on-site or a portion
of the site.
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) Temporary seeding, producing short-term vegetative cover; or
(3) 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,
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STATE OF GEORGIA ORDINANCE NO. 18-01-333
COUNTY OF FULTON
-- 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
(4) Similar areas.
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, Sedimentation and Pollution Control
Ordinance of 2006."
-- Sec. 20-492. - Intent.
It is the intent of this article to establish soil erosion, 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.
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 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
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
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 of O.C.G.A. § 12-7-6(b), 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;
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 subsections 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 5,000 square feet or less; 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 equal to or
greater than one acre or within 200 feet of the bank of any 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,
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
-- however, that any person responsible for a project which involves 5,000 square
feet 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
subsections (1) through (7), (9), or (10) 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) 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 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, 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
(1 1) Any public water system reservoir.
Secs. 20-494-20-512. - Reserved.
DIVISION 2. - INSPECTION AND ENFORCEMENT
Subdivision I. - In General
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STATE OF GEORGIA
COUNTY OF FULTON
Sec. 20-513.
M
- Authority.
ORDINANCE NO. 18-01-333
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, 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.
(c) 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.
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.
J 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,
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STATE OF GEORGIA ORDINANCE NO. 18-01-333
COUNTY OF FULTON
hamper, or interfere with any such representative while in the process of carrying out his
or her official duties.
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.
Sec. 20-517. - Periodic review by district or commission.
(a) 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.
Sec. 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.
(d) 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.
Secs. 20-519-20-537. - Reserved.
Subdivision II. - Penalties and Incentives
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
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
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.
Sec. 20-539. - Stop work orders; notice to comply.
(a) 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 land -disturbance 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 designee shall issue an
immediate stop work order in lieu of a warning.
(b) Three or more violations. For the third and each subsequent violation, the community
development director or designee shall issue an immediate stop work order.
(c) 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.
(d) 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.
(1) 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.
(2) 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.
(3) 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 community development director or his or her designee.
(4) 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.
(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, sediment and pollution controls.
Sec. 20-540. - Reinspection fee.
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STATE OF GEORGIA ORDINANCE NO. 18-01-333
COUNTY OF FULTON
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.
Sec. 20-541. - Bond forfeiture.
(a) Posting; notice; contents. If, through inspection, it is determined that a person
engaged in land -disturbing 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 subsection 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.
Sec. 20-542. - Reserved.
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,
Page 13 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
returnable to the state or city municipal court, or any other court of competent
jurisdiction.
Sec. 20-544. - Education and certification.
(a) 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 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 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(b) (4) and shall not be required to meet
any educational requirements that exceed those specified in said paragraph.
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.
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
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
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.
Secs. 20-547-20-565. - Reserved.
DIVISION 3. - MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES (BMP)
Sec. 20-566. - General provisions.
(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,
sedimentation and pollution control measures and practices. The provisions shall be
incorporated into the erosion, sedimentation and pollution control plans.
(b) Soil erosion and sedimentation control measures and practices shall conform to the
minimum requirements of sections 20-567 and 20-568.
(c) 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.
(d) 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.
Sec. 20-567. - Minimum requirements (BMP).
(a) 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).
(b) Violations. Each discharge of stormwater runoff from disturbed areas where BMPs
have not been properly designed, installed, and maintained shall constitute a
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
— 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.
(c) 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.
(d) 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
subsections 20-568(a) (16) and (17) in light of O.C.G.A. § 12-7-6(c).
Sec. 20-568. - To comply with state general permit.
(a) 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:
(1) Proper 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) Cut -fill operations must be kept to a minimum.
(3) Development plans must conform to the topography and soil type so as to
minimize erosion potential.
(4) Whenever feasible, natural vegetation shall be retained, protected and
supplemented.
(5) 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.
Page 16 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
(7) Temporary vegetation or mulching shall be employed to protect all exposed
areas during development.
(8) Permanent vegetation and structural erosion control measures shall be installed
as soon as practicable.
(9) 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) 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.
(1 1) 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 subsection 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 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
Page 17 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
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
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
c. 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
Page 18 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
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 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:
1. Stream crossings for water lines; or
2. 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 section 20-567 and this section.
Sec. 20-569. - No presumption of violation.
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.
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.
Secs. 20-571-20-589. - Reserved.
DIVISION 4. - APPLICATION/PERMIT PROCESS
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:
(1) The city shall review the tract to be developed and the area surrounding it.
Page 19 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
(2) 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.
(b) However, the property owner and/or operator are the only parties who may obtain
a permit.
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 a copy 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
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.
— (f) 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
Page 20 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
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.
(2) 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.
(3) These provisions shall not apply unless there is in effect an ordinance or statute
specifically providing for hearing and judicial review of any determination or
order of the Local Issuing Authority with respect to alleged permit violations.
(h) 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 subsections 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.
Page 21 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
Sec. 20-592. - Plan requirements.
(a) 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 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;
(6) Proposed permanent structures including roadways, constructed waterways,
sediment control and stormwater management facilities; and
(7) Local ordinances and state laws.
(b) Data required for site plan.
(1) 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.
(c) 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.
Sec. 20-593. - Permits.
(a) 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.
(b) No permit shall be issued by the city unless the erosion sedimentation and pollution
control plan has been 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 subsections 20-568(a) (16) and (17) are obtained, bonding requirements,
if necessary, as per subsection 20-591(g), are met and all ordinances and rules and
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.
Page 22 of 24
STATE OF GEORGIA ORDINANCE NO. 18-01-333
COUNTY OF FULTON
(c) If the tract is to be developed in phases, then a separate permit shall be required for
each phase to include the development sequence.
(d) 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.
(e) 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).
(f) 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.
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.
Secs. 20-595-20-635. - 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.
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
Page 23 of 24
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-01-333
requirements must be presented to the community development director prior to the
issuance of any land -disturbance permit.
Secs. 20-638-20-656. - Reserved.
Page 24 of 24